Subdivision Frequently Asked Questions
In February of 1988, the Henderson County Board of Commissioners adopted an ordinance to regulate the division of land in all areas of Henderson County except municipal jurisdictions.
On September 19, 2007, the Henderson County Board of Commissioners adopted Chapter 200A, Land Development Code, which, by its adoption, repealed former Chapter 170, Subdivision Ordinance. The LDC contains the standards, regulations and procedures necessary to provide for subdivision of land in Henderson County. The purpose of the subdivision regulations is to promote, through proper planning, health safety and general welfare by providing for the orderly subdivision of land.
Property owners who divide land , regardless of the number of lots created, are subdividing and must adhere to the subdivision regulations of the LDC.
Any commercial or industrial subdivision must follow the major subdivision process.
Yes, under State law, there are four (4) exemptions as follows: (1) recombinations of land; (2) division into parcels greater than ten (10) acres if no new right-of-way is created; (3) division of a parcel, two (2) acres or less in size, into two (2) or three (3) lots if each lot is on existing right-of-way; and (4) Public purchase of land for street right-of-way. The Subdivision Administrator or a registered land surveyor must review and certify a plat as exempt before the Register of Deeds can record it. Zoning and Water Supply Watershed laws apply to exempt subdivisions.
This is what is referred to as a property Recombination and can be handled in two (2) ways: (1) deed description (legal process); or (2) recorded plat show that the parcel is to be conveyed to the purchaser and combined with adjacent property. Right-of-way need not be dedicated under this procedure.
All lots must abut private or public rights-of way. All lots need a minimum of 30 feet of road frontage.
North Carolina Department of Transportation Division of Highways Design Standards require a 45 foot wide right-of-way for local residential roads without curb and gutter and a 50 foot wide right-of-way for collector roads. Henderson County has adopted these standards for both public and private roads.
The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
In some cases you may, however, it is suggested that you first discuss your development plans with the Subdivision Administrator.
The private road standards for any nonresidential subdivision (with any number of lots) or residential subdivision (of six (6) or more lots) are contained in Article III (Subdivision Regulations) §200A-81 (C), particularly Table 3.1, Subdivision Private Road Standards. The private road standards for any residential subdivision of five (5) or fewer lots are contained in Article III (Subdivision Regulations) §200A-78 (F).
To be accepted it must be designed and built to NCDOT specifications, inspected during construction, and have a minimum of two homes per 1/10 mile. Contact NCDOT for more information.
Names must be approved by the Henderson County Property Addressing Department, which can be reached at (828) 697-4916.