As used in this chapter, the following terms shall have the meanings indicated:
AGENTAn individual designated by the Board to administer all or part of this chapter.
BOARDThe Board of Supervisors of Mathews County, Virginia; or its designated agent.
BONDA 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.
A. 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.
BLOCKLand 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.
BUILDING SETBACKThe minimum distance that a building must be set back from the front, rear, side and waterside lot line or boundary line.
CENTRAL WATER SYSTEMA 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.
COMMISSIONThe Planning Commission of Mathews County, Virginia.
COMMUNITY WATER SYSTEMA waterworks, which serves at least 15 service connections, used by year-round residents or regularly serves at least 25 year-round residents.
COUNTYMathews County, Virginia.
CUL-DE-SACA minor street with only one outlet and having a circular turnaround at the opposite end for the safe and convenient reversal of traffic movement.
CURRENT SUBDIVISION STREET REQUIREMENTSThe 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.
DEDICATIONThe 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.
DRIVEWAYA 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.
EASEMENTA 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.
ENGINEERAn individual licensed by the Commonwealth of Virginia to engage in the practice of engineering.
ENVIRONMENTAL CONSTRAINTSFeatures, 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.
FLOODPLAINSAll lands likely to be inundated by a flood.
GEODETIC CONTROL NETWORKA 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:
A. 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.
HEALTH DEPARTMENTThe Commonwealth of Virginia Department of Health or an authorized official thereof.
HIGHWAY ENGINEERThe Resident Engineer employed by the Virginia Department of Transportation.
IMMEDIATE FAMILYFor the purpose of Section 4.29, 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.
JURISDICTIONThe area or territory subject to the legislative control of the governing body.
LAND SURVEYOR or SURVEYORAn individual certified and licensed by the Commonwealth of Virginia to engage in the practice of land surveying.
LOCAL HEALTH DEPARTMENTA 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."
LOT, CORNERA lot abutting upon two or more streets at their intersection. All sides abutting a street shall be considered the fronts of the lot.
LOT, PIPE STEMA lot which does not abut a public street other than by its driveway which affords access to the lot.
LOT, WIDTH OFThe mean horizontal distance between side lot lines.
OPEN SPACEAn 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, COMMONOpen 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.
PARCEL IDENTIFICATION NUMBERA number or series of numbers assigned by the County, which uniquely identifies each parcel of land in the County.
PARENT TRACTA parcel or tract respectively, lawfully in existence as of June 24, 2009.
PLATIncludes 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."
PLAT, RECORDA 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.
PRELIMINARY PLAN OR SKETCHA map or plan indicating the proposed layout of a development together with related information that is submitted to the County for preliminary approval.
PRIVATE STREET OR ROADA 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.
PROPERTYAny tract, lot or parcel, or several of the same collected together for the purpose of subdividing.
PUBLIC SEWERA sewerage system owned and operated by the County of Mathews or a Sanitary District of the County.
PUBLIC WATERA water distribution system owned by the County of Mathews or a Water Authority of the County.
RESERVATIONThe provision of land by the subdivider for dedication to the public use.
RESOURCE MANAGEMENT AREAThe 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.
RESOURCE PROTECTION AREAThe 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.
RETENTION BASINA pond, pool, or basin used for the permanent storage of water runoff. Also referred to as a "wet pond."
RIGHT-OF-WAYThe 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.
SANITARY SEWERPipe 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.
SEPTIC SYSTEMAn 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.
SETBACKThe minimum distance by which any structure must be separated from the right-of-way line or other designated line.
SEWAGEWater-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.
SEWAGE DISPOSAL SYSTEMA sewage disposal system approved by the Virginia Department of Health and which is categorized under one of the following Virginia Department of Health classifications:
A. 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 12VAC
5-610-930 A) or low-pressure distribution (See 12VAC
5-610-940) 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 12VAC
5-610-930 A) or low pressure distribution (See 12VAC
5-610-940) 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.
SEWERAGE SYSTEMPipe 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.
STREETAn 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.
SUBDIVIDETo divide any tract, parcel, or lot of land into two or more parts.
SUBDIVIDER/DEVELOPERAn 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.
SUBDIVISIONThe 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:
A. 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.
TIDAL SHORELand contiguous to a tidal body of water lying between the mean low water level and the mean high water level.
TRIBUTARY STREAMAny 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.
WATERWORKSA 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:
A. 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.
WOODLANDA 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.
YARDAn open space on a lot, other than a court, unoccupied and unobstructed from the ground upward.
YARD, FRONTAn 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.
YARD, SIDEAn 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.
ZONING ORDINANCEThe Zoning Ordinance of Mathews County, Virginia including all amendments thereto.