§ 70-300. Definitions.
(a)
For the purposes of this ordinance, the words and terms set out in this section shall have the meanings described below. Any word or phrase used in this ordinance shall have the same meaning as that set forth in the county zoning ordinance.
(b)
Definitions:
Acceptance: The point when the public improvement is either:
(1)
Accepted by resolution of the board; or
(2)
Taken over for operation and maintenance by the county, commonwealth, or other public authority which is responsible for maintaining and for operating such facility upon acceptance.
Agent: A representative of the board who has been appointed to serve as its agent in administering this ordinance, as hereinafter is specifically provided.
Aggrieved person: A person or group of people with an immediate, pecuniary and substantial interest in a subdivision as opposed to a remote or indirect interest. The subdivider may be an aggrieved person. A person is also aggrieved if the person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general.
Alley: A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
Board: Board of Supervisors of Prince George County, Virginia.
Boundary line adjustment: The adjustment of a common lot line between two or more lots within a subdivision, or the vacation of a lot line for the purpose of combining two or more lots. A boundary line adjustment shall not include any action which results in the creation of one or more additional building lots, nor the vacation of any street, alley, access easement, or other public feature.
Chesapeake Bay Preservation Area: Any land designated by the board pursuant to part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20 et seq., and Code of Virginia, § 10.1-2107. A Chesapeake Bay Preservation Area shall consist of a resource protection area and a resource management area.
Circuit court: The Prince George County, Virginia Circuit Court.
Commission: The Planning Commission of Prince George County, Virginia.
Dedication: The transfer of private property to public ownership and use as a requirement of plat and/or plan approval.
Easement: A portion of a lot or acreage reserved for present or future use by a person or entity other than the fee simple owner of the lot or acreage. Easements may exist on the ground, or under or above the lot or acreage.
Engineering plan: The maps or drawings accompanying a subdivision plat and showing the specific location and design of public improvements to be installed in the subdivision in accordance with the requirements of the subdivision ordinance as a condition of approval of the plat.
Family subdivision: A division of land creating a new tract, parcel or lot where such division is for the sale of, or gift to, a member of the immediate family of the property owner. A member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, widow or widower of an offspring, parent or beneficiary of a trust as provided in Code of Virginia, § 15.2-2244.2.
Final subdivision plat: The map of a subdivision submitted to the agent for final approval and subsequently to be recorded with the Clerk of the Prince George County Circuit Court.
Governing body: The Board of Supervisors of Prince George County, Virginia.
Health officer: The chief health officer of the county; the head of the health department.
Highway engineer: The resident engineer employed by the state department of transportation.
Lot: A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision, or as otherwise permitted by law.
Lot, corner: A lot abutting on two or more streets at their intersection, or on two parts of the same street forming an interior angle of less than 135 degrees. The front shall be the shortest of the two sides fronting on a street.
Lot, depth of: The average horizontal distance between front and rear lot lines. The average shall consist of the horizontal distances of the side lot lines and the distance of a line connecting the midpoints of the front and rear lot lines.
Lot, double frontage: A lot, other than a corner lot, which has frontage on more than one street other than an alley. Double frontage lots may be referred to as through lots.
Lot, frontage: The horizontal distance between the side lot lines measured at the setback line. All sides of a lot which abuts a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage.
Lot, interior: A lot, other than a corner lot, which has only one frontage on a street other than an alley.
Lot, irregular: A lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this chapter but meets these requirements by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.
Lot of record: A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat in the clerk's office of the Prince George County Circuit Court.
Lot, width of: The average horizontal distance between side lot lines. The average shall consist of the straight line horizontal distances of the front and rear lot lines and the distance of a line connecting the midpoints of the side lot lines.
Major subdivision: A subdivision creating six or more lots, or any subdivision involving the creation of a public or private right-of-way.
Minor subdivision: A subdivision creating five or fewer lots or the single lot division provided for in sections 82-31 and 82-351.
Ordinance: The "Subdivision Ordinance of Prince George County, Virginia".
Performance surety: Cash in the form of a certified check payable to the county, cash escrow agreement, or irrevocable letter of credit.
Plat: A map or plan of a tract or parcel of land which is to be, or has been, subdivided. When used as a verb, the term "plat" is synonymous with subdivide.
Preliminary plat: The preliminary drawing or drawings, including the elements required by this ordinance, indicating the proposed manner or layout of the subdivision to be submitted for approval.
Public improvement: Any drainage ditch, roadway, parkway, sidewalk, bicycle or pedestrian way, water line, sewer line, curb, gutter, or other facility for which the county or commonwealth may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which public agency responsibility is established.
Resource management area (RMA): That component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area. RMAs include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the resource protection area.
Resource protection area (RPA): That component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.
Resubdivision: A change in a map or an approved or existing subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line.
Right-of-way: A legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded.
Sidewalk: A paved walk located in a right-of-way adjacent to the street.
Street or road means a public thoroughfare which affords principal means of access to abutting property.
Street, arterial: A heavily traveled thoroughfare or highway that carries a large volume of through traffic.
Street, collector: A street that conducts traffic between arterial and local streets and provides for the collection of traffic within, or for an entrance to, or a principal means of circulation within one or more subdivisions.
Street, cul-de-sac: A street with only one outlet and an appropriate turnaround for a safe and convenient reversal of traffic movement.
Street, local: A street that provides direct public access to the abutting properties.
Street width: The total width of the improved vehicle travel way as measured from face of curb to face of curb, or edge of pavement to edge of pavement for roads without a curb.
Subdivide: The process of dividing any tract, parcel or lot of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development, and including all changes in street or lot lines. The term "subdivision"(subdivide) shall not apply to the following:
(1)
Agriculture. A bona fide division or partition of exclusively agricultural or timber land not for development purposes.
(2)
Court action. The partition of lands by action of a court of competent jurisdiction unless or until development of the lands is proposed.
Subdivider: An individual, corporation, partnership, or other entity owning any property to be subdivided.
VDOT: Virginia Department of Transportation.
(Ord. No. O-09-02, 1-27-2009; Ord. No. O-10-12, § 1, 10-12-2010; Ord. No. O-11-21, § 1, 9-13-2011; Ord. No. O-11-22, § 1, 10-11-2011; Ord. No. O-13-10 (06-11-2013), § 1, 6-11-2013)
(Ord. No. O-09-02, 1-27-2009; Ord. No. O-10-12, § 1, 10-12-2010; Ord. No. O-11-21, § 1, 9-13-2011; Ord. No. O-11-22, § 1, 10-11-2011; Ord. No. O-13-10 (06-11-2013), § 1, 6-11-2013)