GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2007-237

HOUSE BILL 1143

AN ACT relating to the definition of subdivision in stanly county.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A-335, as it applies to Stanly County pursuant to Chapter 930 of the 1987 Session Laws, as amended by S.L. 1991-504, S.L. 1993-574, S.L. 1998-37, and S.L. 1998-217, reads as rewritten:

"§ 153A-335.  'Subdivision' defined.

For purposes of this Part, '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 change in existing streets. The following shall not be included within this definition nor be subject to any regulations enacted pursuant to this Part:

(1)       The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown by the regulations prescribed by this act;

(2)       The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved;

(3)       The public acquisition by purchase of strips of land for widening or opening streets;

(4) The conveyance of a tract or parcel of land with a minimum of 20,000 square feet exclusive of the State right-of-way for a road with at least 100 feet frontage upon a State-maintained road;

(5)       The division of land pursuant to an order of the General Court of Justice;

(6)       The conveyance of a lot or tract for the purpose of dividing land among tenants in common, all of whom inherited, by intestacy or by will, the land from a common ancestor; and

(7)       The division of a tract in single ownership whose entire area is no greater than two acres into no more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the county, as shown by the subdivision regulations contained in this act."

SECTION 2.  This act applies to Stanly County only.

SECTION 3.  This act is effective when it becomes law and applies only to subdivisions submitted to the Stanly County Planning Department for approval on or after that date.

In the General Assembly read three times and ratified this the 18^th day of July, 2007.

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives