NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 313

HOUSE BILL 729

 

 

AN ACT TO AMEND G.S. 153A-335 TO MODIFY THE AUTHORITY OF RUTHERFORD COUNTY TO REGULATE THE SUBDIVISION OF LAND.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 263 of the 1975 Session Laws is hereby repealed.

Sec. 2. G.S. 153A-335(2) is amended to read as follows:

"(2)      The division of land whereby the resulting lots front on a road that has been accepted for maintenance by the North Carolina Department of Transportation and the resulting lots meet county subdivision ordinance requirements, or the division of land whereby all lots have frontage on a non-State maintained road or access way in existence and in use on the effective date of this act and (a) the road or access way provides access to a road which has been accepted for maintenance by the North Carolina Department of Transportation and (b) the resulting lots meet county subdivision ordinance requirements."

Sec. 3. Nothing in this act or in G.S. 153A-330 through G.S. 153A-335 shall be construed to prevent the county from allowing a minor subdivision defined as the subdivision of a tract of land into not more than four lots where the intention is not to further subdivide the said tract of land and where no new street right-of-way is involved other than as a private minor road; a private minor road being defined as a road serving a minor subdivision and having access to an existing State-maintained road, and which private minor road shall have a right-of-way of not less than 60 feet for the eventuality of constructing a public road by the residents of the private minor road; provided, however, the seller shall be made aware by the County Planning Board of the provision of G.S. 136-102.6.

Sec. 4. This act shall apply to Rutherford County only.

Sec. 5. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 9th day of April, 1979.