The following general rules of construction shall apply to the
regulations of this chapter:
A.
The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
B.
Words used in the present tense include the past and future tenses;
and the future, the present.
C.
The word "shall" is always mandatory. The word "may" is permissive.
D.
The word "lot" includes the word "parcel."
E.
The word "approve" shall be considered to be followed by the words
"or disapprove."
F.
Any reference to this chapter includes all ordinances amending or
supplementing the same.
G.
All distances of (or) areas refer to measurement in a horizontal
plane.
H.
Words and terms not defined herein shall be interpreted in accord
with their normal dictionary meaning and customary usage.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual designated by the Board to administer all or
part of this chapter.
The Board of Supervisors of Mathews County, Virginia; or
its designated agent.
A certified check or cash escrow in the amount of the estimated
costs of construction. A personal, corporate or property bond, with
surety satisfactory to the governing body or its designated administrative
agency. An amount sufficient for and conditioned upon the construction
of such facilities, or a contract for the construction of such facilities
and the contractor's bond, with like surety, in like amount and
so conditioned. A bank or savings institution's letter of credit
on certain designated funds satisfactory to the governing body or
its designated administrative agency as to the bank or savings institution,
the amount and the form.
The amount of such certified check, cash escrow, bond, or letter
of credit shall not exceed the total of the estimated cost of construction
based on unit prices for new public or private sector construction
in the locality and a reasonable allowance for estimated administrative
costs, inflation, and potential damage to existing roads or utilities,
which shall not exceed 25% of the estimated construction costs.
Land containing lots which are bounded by streets or a combination
of streets and public lands, railroads, rights-of-way, shorelines,
or boundaries of the County.
The minimum distance that a building must be set back from
the front, rear, side and waterside lot line or boundary line.
A water system in which all connections in the subdivision
are served by one or more water sources through a common distribution
system owned and operated by the County or a company, including all
structures, hydrants, property, equipment and appurtenances used in
the collection, storage, and distribution of water.
Any land designated by the board as a resource management
area (RMA) and/or a resource protection area (RPA).
The Planning Commission of Mathews County, Virginia.
A waterworks, which serves at least 15 service connections,
used by year-round residents or regularly serves at least 25 year-round
residents.
Mathews County, Virginia.
A minor street with only one outlet and having a circular
turnaround at the opposite end for the safe and convenient reversal
of traffic movement.
The current subdivision street requirements of the Virginia
Department of Transportation in effect upon the date of approval of
the final plat of subdivision by the Board of Supervisors of Mathews
County, Virginia.
The intentional appropriation of land to some public use
by the subdivider and which is accepted for that use by the governing
body on behalf of the public.
A private roadway that provides the principal means of vehicular
access from a public or private right-of-way to single-family dwellings
and/or one single duplex to no more than two parcels containing no
more than two dwelling units per parcel. The County and the Virginia
Department of Transportation have no maintenance responsibilities
for private driveways.
A grant by one property owner to another, recorded with the
clerk of the Circuit Court, of the right to use the described land
for specific purposes.
An individual licensed by the Commonwealth of Virginia to
engage in the practice of engineering.
Features, natural resources, or land characteristics that
are sensitive to development activities and/or installation of improvements
and may require conservation measures and/or the application of creative
development techniques to prevent degradation of the environment.
In some instances, environmental constraints may limit or preclude
development.
All lands likely to be inundated by a flood.
A system of survey monuments whose precise positions have
been established and from which additional surveys can be derived.
The geodetic control network in the Mathews County has two components:
Primary network. A system of survey monuments located throughout
the County the precise positions and elevations of which have been
established by rigorous ground and global positioning surveys, and
which are fully referenced to the Virginia Coordinate System of 1983
(South Zone) and the 1983 North American Datum.
Secondary network. A system of survey monuments located in and
on subdivision boundaries and rights-of-way the positions of which
have been established by ground surveys.
The Board of Supervisors of Mathews County, Virginia.
The Commonwealth of Virginia Department of Health or an authorized
official thereof.
The Health Director of Mathews County, Virginia, or his/her
designated representative.
The Virginia Department of Transportation.
The Resident Engineer employed by the Virginia Department
of Transportation.
For the purpose of Section 4.29,[1] a member of the "immediate family" is defined as any person
who is a natural or legally defined offspring, 18 years of age or
older or an emancipated minor under § 16.1-331 et seq. of
the Code of Virginia, or parent (to include legal step-parents) of
the owner and may include a grandparent, mother-in-law and father-in-law.
All public, municipal, and corporate utilities and facilities
including streets, sanitary sewers, waterlines, water systems, stormwater
management and erosion control facilities, monuments, signs, sidewalks,
streetlights, and all other similar features required by this chapter
or by the zoning ordinance.[2]
The area or territory subject to the legislative control
of the governing body.
An individual certified and licensed by the Commonwealth
of Virginia to engage in the practice of land surveying.
A branch of the State Health Department established in each
city and County in accordance with Title 32.1, § 32.1-30,
of the Code of Virginia, as amended.
A recorded and numbered unit, division, or piece of land;
generally created as a result of subdivision of property. The term
is synonymous with "plot," "parcel," "premises," and "site."
A lot abutting upon two or more streets at their intersection.
All sides abutting a street shall be considered the fronts of the
lot.
A lot which does not abut a public street other than by its
driveway which affords access to the lot.
The mean horizontal distance between side lot lines.
A permanent structure or edifice used or installed to mark
the position of a survey station.
A waterworks that is not a community waterworks, but operates
at least 60 days out of the year.
A waterworks that is not a community waterworks and that
regularly serves at least 25 of the same persons over six months out
of the year.
An area intended to provide light and air, and designed,
depending on the situation, for environmental, scenic, and/or recreational
purposes. The computation of open space shall not include driveways,
parking lots, or other surfaces designed or intended for motorized
vehicular traffic.
Open space within or related to a development, not a part
of individually owned lots or dedicated for general public use, but
designed and intended for the common ownership, enjoyment and use
of the residents of the development.
A number or series of numbers assigned by the County, which
uniquely identifies each parcel of land in the County.
A parcel or tract respectively, lawfully in existence as
of June 24, 2009.
Includes the terms map, plan, plot, replat, or replot; a
map or plan of a tract or parcel of land which is to be or which has
been subdivided. When used as a verb, "plat" is synonymous with "subdivide."
A plat prepared and approved in accordance with this chapter
which meets the Standards for Recorded Instruments of the Virginia
State Library Board and which has been or is intended to be submitted
to the clerk of the Circuit Court for recordation.
A map or plan indicating the proposed layout of a development
together with related information that is submitted to the County
for preliminary approval.
A private roadway that provides the principal means of vehicular
access from a public right-of-way to single-family dwellings, and
duplexes, for more than two and less than six parcels containing no
more than two dwelling units per parcel. All parcels containing multifamily
dwellings containing more than three dwelling units shall be served
by a public road. The County and the Virginia Department of Transportation
have no maintenance responsibilities for private roads.
Any tract, lot or parcel, or several of the same collected
together for the purpose of subdividing.
A sewerage system owned and operated by the County of Mathews
or a Sanitary District of the County.
A water distribution system owned by the County of Mathews
or a Water Authority of the County.
The provision of land by the subdivider for dedication to
the public use.
The component of the Chesapeake Bay preservation area not
classified as a resource protection area. The resource management
area includes floodplains, highly erodible soils, including steep
slopes, highly permeable soils, non-tidal wetlands and hydric soils
not included in the resource protection area, and other areas and
lands deemed necessary to protect the quality of state waters.
The component of the Chesapeake Bay preservation area comprised
of lands at or near the shoreline that have an intrinsic water quality
value due to the ecological and biological processes that they perform
or are sensitive to impacts which may result in significant degradation
to the quality of state waters. The resource protection area includes
tidal wetlands, non-tidal wetlands connected by surface flows and
contiguous to tidal wetlands or tributary streams, tidal shores, and
other areas and lands deemed necessary to protect the quality of state
waters.
A pond, pool, or basin used for the permanent storage of
water runoff. Also referred to as a "wet pond."
The total width of land dedicated or reserved for public
or restricted travel, including pavement, ditches, curbing, gutters,
sidewalks, shoulders, and sufficient land for the maintenance thereof.
Pipe conduits used to collect and carry away domestic or
commercial/industrial sewage from the generating source to treatment
plants. Storm, surface and groundwaters are not intentionally admitted
into sanitary sewers.
An underground system with a septic tank and one or more
drain lines depending on volume and soil conditions which is used
for the decomposition of domestic wastes.
The minimum distance by which any structure must be separated
from the right-of-way line or other designated line.
Water-carried and non-water-carried human excrement, kitchen,
laundry, shower, bath or lavatory wastes separately or together with
such underground, surface, storm or other water and liquid industrial
wastes as may be present from residences, buildings, vehicles, industrial
establishments or other places.
A sewage disposal system approved by the Virginia Department
of Health and which is categorized under one of the following Virginia
Department of Health classifications:
TYPE IA Type I sewage disposal system is an individual sewage disposal system incorporating a septic tank and subsurface soil absorption (septic tank-subsurface drain field) serving a single residence. The submission of an application is all that is normally necessary to initiate procedure for obtaining a permit under this subsection. If after a site investigation by the health department, it is determined that pumping, enhanced flow distribution (See 12VAC5-610-930 A) or low-pressure distribution (See 12VAC5-610-940) is necessary, the system shall be considered a Type II system.
TYPE IIA Type II sewage disposal system is a sewage disposal system incorporating a septic tank and resurface soil absorption system which serves a commercial or other establishment, more than a single family dwelling unit, or where pumping, enhanced flow distribution (See 12VAC5-610-930 A) or low pressure distribution (See 12VAC5-610-940) is necessary.
TYPE IIIA Type III sewage disposal system is a sewage disposal system other than a septic tank subsurface soil absorption system or a privy.
The vehicular conveyance of sewage.
Pipe lines or conduits, pumping stations and force mains
and all other construction, devices and appliances appurtenant thereto,
used for the collection and conveyance of sewage to a treatment works
or point of ultimate disposal.
An existing or platted right-of-way dedicated for the use
of the general public, or portions thereof, and built for acceptance
into the Department of Transportation Highway System. A street shall
provide vehicular and pedestrian access to property for all purposes
of travel, transportation and/or parking to which it is adopted, devoted,
or dedicated. The term is synonymous with "road," "lane," "drive,"
"avenue," "highway," "roadway," "thoroughfare," or any other term
of like or common meaning.
To divide any tract, parcel, or lot of land into two or more
parts.
An individual, firm, corporation, association, registered
partnership, or trustee owning any tract, lot, or parcel of land to
be subdivided or a group of two or more persons owning any tract,
lot, or parcel of land to be subdivided, who have given their power
of attorney to one of their group or to another individual to act
in their behalf in planning, negotiating for, in representing, or
executing the legal requirements of the subdivision.
The separation in any manner of a parcel or tract of land
into two or more lots for the purpose, either immediate or future,
(a) of transfer of ownership; or (b) of building; or (c) of commercial
land development. The term includes resubdivision and, when appropriate
to the context, shall relate to the process of subdividing or to the
land to be subdivided. All divisions of land shall comply with the
articles set forth in the subdivision ordinance of Mathews County
except for the following:
The plat of a single separation of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner for that member's personal use shall be submitted in accordance with Article VI of this chapter. Lots so created shall have right-of-way of not less than 20 feet in width providing ingress and egress to a dedicated recorded public street. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this subsection. The family member must own the property for a minimum of three consecutive years. A member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, or parent of the owner. Such subdivisions are to be approved by the agent.
Transfer of a lot or parcel of land by will, in testate succession
or court-ordered partition is to be excluded from the articles of
this chapter. A plat must show the signature of either the agent or
the Chairman of the Board of Supervisors before it can be recorded.
Division of land of five acres or more to be used solely for
agricultural and/or silvicultural purposes is exempted and shall be
explained in a covenant filed with the deed. A site plan review will
be required to change from agricultural and/or silvicultural uses
and to remove this covenant.
Division of a parent tract of land into more than five lots.
Division of a parent tract of land into five lots or less.
Land contiguous to a tidal body of water lying between the
mean low water level and the mean high water level.
The Virginia Department of Transportation (VDOT).
Any perennial or intermittent stream, including any lake,
pond, or other body of water formed therefrom, that is so depicted
on the most recent U. S. Geological Survey 7 1/2 minute topographic
quadrangle map (scale 1:24,000), or the Soil Conservation Service,
Soil Survey of Mathews County, Virginia or as otherwise determined
through field analysis and verification.
A system that serves piped water for drinking or domestic use to the public, at least 15 connections, or an average of 25 individuals for at least 60 days out of the year. The term "waterworks" shall include all structures, equipment and appurtenances used in the storage, collection, purification, treatment and distribution of pure water except the piping and fixtures inside the building where such water is delivered [see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia].
Wetlands are divided into two classes:
NON-TIDAL WETLANDSWetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U. S. Environmental Protection Agency pursuant to section 404 of the Federal Clean Water Act, 33 CFR 328.3b, dated November 13, 1986.
TIDAL WETLANDSVegetated and non-vegetated wetlands as defined in § 62.1-13.2 of the Code of Virginia.
A tract of land dominated by trees but usually also containing
woody shrubs, grasses, and other vegetation. For purposes of this
chapter, the term "woodland" shall incorporate woods, woodland areas,
wooded areas, forest, forested areas and any other terminology commonly
recognized to have the same meaning.
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground upward.
An open space on the same lot as a structure, between the
extreme front wall line of the structure (excluding steps) and the
front lot or street line and extending the full width of the lot.
An open space on the same lot as a structure, between the
extreme side wall line of the structure (excluding steps) and the
side line of the lot, extending from the front yard line to the rear
lot line. This applies to both sides of the structure.
The Zoning Ordinance of Mathews County, Virginia including
all amendments thereto.[3]
