CONTACTS

Departments > Planning > Ordinances and Manuals > Subdivision Ordinance > SECTION 2: Definitions and Rules of Construction

SECTION 2: Definitions and Rules of Construction

CONTENTS:

Section 2.100 - Definitions
Section 2.200 - Rules of Construction 


2.100 DEFINITIONS

As used in this ordinance, the following terms will have the meanings indicated in this section:

Alley.
A vehicular way used for providing service access along rear or side property lines of lots which are also served by one of the listed street types defined herein or in Article 5 of the Huntersville Zoning Ordinance. An alley may be accepted for public maintenance only if it serves a broad public function. Residential alleys will generally remain private.

Appeal.
An action requesting reversal or modification of an interpretation or decision made by Town Staff or Administrative Agent in the application of these regulations.

Build-to line.
A line extending through a lot which is generally parallel to the front property line and marks the location from which the principle vertical plane of the front building elevation must be erected; intended to create an even building façade line on a street. The build-to line is established on the record plat (final plat).

Building face.
The dominant structural plane of the elevation of any side of a building. For example, the building face of a two-story dwelling with one-story porch is considered to be the two-story elevation of such structure.

Building Setback Line.
A line extending through a lot which is parallel to the front property line and between which and such line no building shall be erected.

Cluster Development.
A tract of land planned and developed as an integral unit in a single development operation or a definitely programmed series of development operations, and in accordance with an approved site plan. The development on the tract is limited by overall density or intensity. The site specific development plan for a cluster development requires review and approval by the Town Board.

Collector Street Plan.
The system of streets shown on the Huntersville Land Development Plan which indicates the conceptual network of primary connecting streets expected to connect arterials and/or provide access to public institutions within the Huntersville Planning Area.

Consulting Engineer.
A North Carolina Registered Engineer appointed from time to time by the Town Board of Huntersville.

Corner Lot.
A lot which abuts the right-of-way of two streets at their intersection.

Designated Administrative Agent (also Designee).
A government agency or consulting professional which has been designated by the Huntersville Board of Commissioners through contract or agreement to administer the Subdivision Ordinance.

Easement.
A grant by the property owner for use by the public, a corporation, or person(s) of a strip of land for specified purposes.

Land Clearing and Inert Debris (LCID) Landfill.
A landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes meeting the standards of the State of North Carolina.

Land Development Standards Manual.
The most recent edition of the Town of Huntersville Engineering Standards and Procedures Manual, which regulates and controls the technical standards for construction of public and private improvements relating to streets, sidewalks, drainage and other facilities. Whenever, in this ordinance, reference is made to "standards" or "manual" it refers to the most recent edition of the "Town of Huntersville Engineering Standards and Procedures Manual ".

Lot.
A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.

Lot Front.
That side of a lot which fronts on a street. In the case of a corner lot, the subdivider shall designate the front of the lot for purposes of these regulations and the Huntersville Zoning Ordinance by labeling the front and side building lines as such on the final plat.

Open Space.
Any area which is not divided into private or civic building lots, streets, rights-of-way, parking, or easements for purposes other than open space conservation. In the Farmhouse Cluster, open space may also include deed-restricted portions of private building lots. Urban Open Space assumes one or more of the forms detailed in Article 7 of the Huntersville Zoning Ordinance, and may contain recreation equipment and amenities as indicated. Natural, Recreational and Agricultural Open Space is site specific in its designation. Golf courses and other neighborhood and outdoor recreational uses which are designed and sited to preserve rural appearance will be construed, in whole or in part, to be Recreational open space as permitted in Article 7 of the Huntersville Zoning Ordinance.

Planning Area.
The land located within the boundaries of the most recently adopted Huntersville Land Development Plan, and consistent generally with the town's annexation sphere of influence.

Planning Board.
The Planning Board of the Town of Huntersville.

Plat
A map or plan of a parcel of land which is to be, or which has been, subdivided.

Reverse Frontage.
The configuration of lots or a development site so that vehicular access to the lots or development site does not involve individual driveway connections to the street to which access is restricted, but rather is from another means such as a public or private street or easement which either intersects or runs parallel to the street to which access is restricted. Reverse frontage does not relate to any particular orientation of a structure to the street.

Streets (by classification).

Freeway or Expressway (Class I).
A multi-lane, grade-separated, limited access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large volumes at high speeds. Such a facility may be part of the interstate, federal, or state primary highway system. A Class I road will be built to or approaching interstate design standards.

Limited Access Arterial (Class II).
A multi-lane limited access major road connecting major activity centers or major roads. It is designed to accommodate large volumes of traffic at moderate speed. Intersections are at grade, with access only at cross streets, rather that at individual driveways. All types of land uses are acceptable along this road with proper consideration to environmental stresses related to the road.

Major Arterial (Class III).
A multi-lane major roadway connecting Class I, II, or III streets with lesser streets in the network. The Class III road may also provide connections between this and other regions. It is designed to accommodate large volumes of traffic at moderate speeds, but it is not intended to provide primary access to adjoining high trip generating uses.

Commercial Arterial (Class III-C).
A multi-lane, major roadway connecting Class I or II roads with lesser streets in the network, the Class III-C road may also connect this region to other regions. It is designed to accommodate large volumes of traffic at moderate speeds while also providing direct access to nonresidential high trip generating land uses. A Class III-C road may be part of state primary or secondary highway systems.

Minor Arterial (Class IV).
A roadway, frequently two lanes, providing a connection from Class II and Class III roads to other lesser roads in the system. It is designed to accommodate moderate volumes of traffic at moderate speeds. It does not have a significant function in connecting this region to other regions. Therefore, it usually only handles trips for short to moderate distances.

Collector (Class V).
A roadway which assembles traffic from local streets, and distributes it to the nearest arterial street. The Class V road provides direct primary access to low/medium density land uses. It is designed to carry low to moderate traffic volumes at low to moderate speeds. The Collector Street is characteristic of conventional subdivisions approved prior to November 19, 1996, the effective date of this amendment. Its function is replaced by one or a combination of the Town Street types defined in Article 5, Huntersville Zoning Ordinance.

Local (Class VI).
This is a two-lane roadway which provides access directly to adjoining low/medium density land uses. It also conducts traffic to local limited and Class V streets which serve the area. The Class VI road is designed to accommodate low volumes of traffic at low speeds. A local limited street (Class VI-L) serves the same system function as the Class VI street but is located in residential environments which have been created through special conditions or design considerations. These unique environments include innovative housing developments and other similar techniques, or cul-de-sac streets in conventional subdivisions. A Class VI-L street may not provide vehicular access to elementary, junior or senior high schools, colleges, or official sites for such schools or to proposed places of public assembly including public or private parks, recreation facilities, or greenways. The Local (Class VI) street is characteristic of conventional subdivisions approved prior to November 19, 1996. It is replaced by one or more of the Town Street types defined in Article 5, Huntersville Zoning Ordinance.

Cul-de-sac.
A short minor street having one end open to traffic and the other permanently terminated by a vehicular turnaround. Cul-de-sacs may not exceed 350 feet in length and must be accessed from a street providing internal or external connectivity. They are permitted where topography makes a street connection impracticable.

Marginal Access Street.
A public or private street adjoining or parallel to an arterial street to relieve the arterial street of the necessity of providing access to abutting property.

Town Streets.
The street types defined in Article 5 of the Huntersville Zoning Ordinance, intended to serve developments submitted and approved after November 19, 1996,the effective date of this amendment.

Street, Private.
An interior circulation road designed and constructed to carry vehicular traffic from public streets within or adjoining a Highway Commercial Zoning District where existing development or limited access arterial prohibits extension and connection of the public street network; not dedicated to or maintained by the public.

Street Right-of-Way.
Street right-of-way shall mean any public right-of-way set aside for public travel which has been accepted for maintenance by the State of North Carolina or the Town of Huntersville or Mecklenburg County, if so authorized, or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the Town of Huntersville, or has otherwise been established as a public street prior to the adoption of this ordinance.

Subdivision.
A subdivision will include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose, whether immediate or future, of sale or building development of any type (including both residential and non-residential multiple building sites and multi-site projects even if there is no division of the underlying land into separate parcels for recordation with the Register of Deeds) and also includes all divisions of land involving the dedication of a new street or a new street right-of-way or a change in existing streets; provided, however, that the following will not be included within this definition nor be subject to the requirements of this ordinance:

1. The combination or recombination of portions of parcels platted and recorded prior to the effective date of this ordinance, or portions of lots platted in compliance with this ordinance after its effective date, where the total number of lots is not increased and the resultant lots are equal to the standards of this ordinance and the appropriate zoning classification.

2. The division of land into parcels greater than 5 acres where street right-of-way dedication or reservation is not involved.

3. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors or the location of public utility rights-of-way.

4. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where street right-of-way dedication or reservation is not involved and where the resultant lots are equal to or exceed the standards of the appropriate zoning classification.

5. The division of land into plots or lots for use as a cemetery.

6. The creation of a separate lot or property interest by a less than fee simple instrument, such as a lease, when the property interest created is divided from the original parcel for less than 10 years including option to renew.

7. The division of a tract or parcel into separate tracts or parcels, or the creation of interest in lots or parcels, by means of (a) a deed of trust, mortgage, or similar security interest solely for the purpose of securing any bona fide obligation (including transfers of such parcels or tracts pursuant to foreclosure or deeds in lieu of foreclosure) and (b) releases from the liens and operation of such deeds of trust, mortgages, or similar security interests.

8. Easements for the purposes of utilities, driveways, parking, footpaths, trails or other similar purposes.

9. Proceedings to partition interests in lots or parcels pursuant to Chapter 46 of the North Carolina General Statutes (or any successor statute) resulting in the division of a lot or parcel into two or more lots or parcels except where the partition proceeding is brought to circumvent the provisions of this Ordinance.

10. Transfers of tracts or parcels by inheritance or bona fide gift.

11. Condemnation or deed in lieu of condemnation, by either a public or private condemner; provided, however, that the condemner must comply with the requirements of this ordinance as to the property acquired, either prior to the commencement of any development of the property acquired, or prior to the issuance of any building permit on the property acquired, or within six months following the date of acquisition, whichever occurs first.

Subdivision, Conservation
A subdivision not otherwise exempt from the provisions of this ordinance where no new public streets are to be created and the tract to be subdivided is 40 acres or more, subdivided into single family building lots at a gross density not exceeding 1 dwelling unit per 20 acres, and subject to the restrictions of an irrevocable conservation easement held by a conservation organization authorized by U.S.C. 170(h); 2055(a) and by N.C.G.S. 124-34 et seq.

Subdivision, Limited.
A subdivision that is not otherwise exempt from the provisions of this ordinance and where the tract or parcel of land retained by the owner submitting the land for subdivision approval is in excess of ten (10) acres. For such subdivisions the owner shall be required to plat only the parcel(s) to be transferred or leased and only said parcel(s) shall be subject to the requirements of this ordinance.

Subdivision, Major.
A subdivision not otherwise exempt from these regulations that involves any of the following:

1. The creation of any new public street or street right-of-way, or improvements to an existing street.

2. A future public school, park, greenway, or open space site shown in any adopted plan or policy document.

3. The extension of any needed right-of-way or easement for the water or sewer system operated by Charlotte-Mecklenburg Utility Department.

4. The installation of drainage improvements through one or more lots to serve one or more other lots.

5. The installation of a private waste water treatment plant or a private water supply system for more than one lot or building site.

Subdivision, Minor.
A subdivision that is not otherwise exempt from the provisions of this ordinance and that does not involve any of the following:

1. The creation of any new public street or street right-of-way, or improvements to an existing street.

2. A future public school, park, greenway, or open space site shown in any adopted plan or policy document.

3. The extension of any needed right-of-way or easement for the water or sewer system operated by Charlotte-Mecklenburg Utility Department.

4. The installation of drainage improvements through one or more lots to serve one or more other lots.

5. The installation of a private waste water treatment plant or a private water supply system for more than one lot or building site.

For purposes of these regulations, Farmhouse Cluster developments are considered a minor subdivision and require Town Board approval.

Thoroughfare.
Any street designated on the adopted thoroughfare plan or any street which is an extension of any street on the thoroughfare plan and which extends into the area not covered by the thoroughfare plan. The words thoroughfare and arterial are used synonymously and indicate streets which are designated as Class I, II, III, III-c, or IV.

Thoroughfare Plan.
The most recent map adopted by the Metropolitan Planning Organization which indicates the system of roads expected to serve major access and travel needs with regard to auto, truck, and transit transportation. The words thoroughfare plan and arterial street plan are used synonymously.

Through Lot.
A lot with frontage on two streets.

Town Board.
The Board of Commissioners of the Town of Huntersville.

Town Manager.
The Town Manager of the Town of Huntersville.

Variance.
An action requesting consideration for relief from the strict enforcement of the standards of the ordinance where special circumstances or unusual considerations may exist on the parcel of land.


2.200 RULES OF CONSTRUCTION
For the purposes of these regulations, the following rules of construction apply.

1. These regulations will be construed to achieve the purposes for which they are adopted.

2. In the event of any conflict in limitations, restrictions, or standards applying to a project, the provision more consistent with the Huntersville Zoning Ordinance shall apply.

3. The words "shall", "must", and "will" are mandatory in nature, implying an obligation or duty to comply with the particular provision.

4. The word "may" is permissive in nature except when used in the negative.

5. References to "days" will always be construed to be working days, as defined in Article 12 of the Zoning Ordinance, unless the context of the language clearly indicates otherwise.

Back to Subdivision Table of Contents