SENATE BILL 390
AN ACT TO DEFINE A "SUBDIVISION" FOR THE PURPOSE OF SUBDIVISION REGULATIONS IN TRANSYLVANIA COUNTY.
The General Assembly of North Carolina enacts:
Section 1. For purposes of Part 2 of Article 18 of Chapter 153A of the General Statutes, "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, for the purpose, whether immediate or future, of sale or building development and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations authorized by Part 2, Article 18 of Chapter 153A of the General Statutes:
A. the combination or recombination of portions of previously recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations;
B. the division of land into parcels of one acre or more where each parcel fronts upon a State-maintained road;
C. the public acquisition by purchase of strips of land for the widening or opening of streets;
D. the conveyance of a lot or tract to a grantee who would have been an heir of the grantor if the grantor had died intestate immediately prior to the conveyance;
E. the conveyance of a lot or tract for the purpose of dividing lands among the tenants in common, all of whom inherited by intestacy or by will, the land from a common ancestor;
F. the division of land into parcels of five acres or more where the grantor records a road right-of-way agreement prior to or simultaneously with the recording of the deed, which said agreement provides for access to the parcel by a right-of-way of at least 30 feet in width and contains an agreement for construction and maintenance of the road.
Sec. 2. G.S. 153A-355 shall not be applicable in Transylvania County.
Sec. 3. This act shall apply only to Transylvania County.
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 12th day of April, 1979.