For the purposes of this chapter, certain words and terms used
herein shall be interpreted or defined as follows: words used in the
present tense include the future; words in the singular number include
the plural, and the plural the singular, unless the natural construction
of the word indicates otherwise; the word "lot" includes the word
"parcel"; the word "shall" is mandatory and not directory; the word
"approve" shall be considered to be followed by the words "or disapprove";
any reference to this chapter includes all ordinances amending or
supplementing the same; all distances and area refer to measurement
on a horizontal plane.
AGENT
The representative of the governing body who has been appointed
to serve as the agent of the Board in approving the subdivision plats.
ALLEY
A permanent service way providing a secondary means of access
to abutting properties.
BUILDING LINES
The distance which a building is from the front lot line
or front boundary line.
COMMISSION
The Planning Commission of Amelia County, Virginia.
CUL-DE-SAC
A street with only one outlet and having an appropriate turnaround
for a safe and convenient reverse traffic movement.
DEVELOPER
An owner of property being subdivided, whether or not represented
by an agent.
EASEMENT
A grant by a property owner of the use of land for specific
purpose or purposes.
ENGINEER
An engineer licensed by the Commonwealth of Virginia.
FLAG LOT
A lot not fronting on a public road and where the access
to the public road is by way of a narrow (minimum fifty-foot width)
deeded right-of-way.
HEALTH OFFICER
The health director or sanitarian for Amelia County, Virginia.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HIGHWAY ENGINEER
The resident engineer employed by the Virginia Department
of Transportation.
JURISDICTION
The area or territory subject to the legislative control
of the governing body.
LOT
A numbered and recorded portion of a subdivision intended
for transfer of ownership or for building development for a single
building and its accessory building.
LOT OF RECORD
A lot which has been recorded in the office of the Clerk
of the Circuit Court.
LOT, CORNER
A lot abutting upon two or more streets at their intersection;
the shortest side fronting upon a street shall be considered the front
of the lot, and the longest side fronting upon a street shall be considered
the side of the lot.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines.
LOT, WIDTH OF
The mean horizontal distance between the side lot lines.
PARENT TRACT
A separate lot, tract, or parcel of land conveyed by deed,
devised by will, or passing pursuant to the laws of descent and distribution,
the boundaries of which are shown by a plat, by metes and bounds or
other legal description and recorded in the office of the Clerk of
the Circuit Court on or before August 8, 1988.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PLAT
Includes the terms "map," "plan," "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."
PROPERTY
Any tract, lot, parcel, or several of the same collected
together for the purpose of subdividing.
STREET
The principal means of access to abutting properties.
STREET WIDTH
The total width of the strip of land dedicated or reserved
for public travel, including roadway, curbs, and gutters.
STREET, MAJOR
Any existing or future street designated as a major street
on an adopted plan of land use and major thoroughfares or any heavily
traveled thoroughfare or highway that carries a large volume of through
traffic, or anticipated traffic, exceeding 500 vehicles per day.
STREET, MINOR
A street that is used primarily as a means of public access
to the abutting properties with anticipated traffic of less than 500
vehicles per day.
STREET, SERVICE DRIVE
A public right-of-way generally parallel and contiguous to
a major highway, primarily designated to promote safety by eliminating
promiscuous ingress and egress to the right-of-way by providing safe
and orderly points of access to the highway.
SUBDIVIDE[Amended 9-15-2004]
A.
The partition or division of land into two or more lots, tracts,
parcels, plots, sites, areas, units, interest or other divisions of
land for the purpose, whether immediate or future, of offer, sale,
lease, transfer of ownership, building construction, development,
or any land use. Subdivision applies to all forms of development including
residential, commercial and industrial, and includes the division
of land whether by deed, contract of sale, metes and bounds description,
devise, intestacy, lease, map, plat or other instrument, or by act
of construction or land use. Subdivision includes resubdivision and,
when appropriate to the context, shall relate to the land subdivided.
B.
All subdivisions shall be classified as either a residential
subdivision or commercial subdivision. Subdivision of lots on contiguous
parent tracts by the same subdivider(s) or developer(s) shall be added
together to determine the classification of the subdivision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
For the purpose of this chapter, all parcels of land platted,
and/or deeded, and recorded within the County extant as of August
8, 1988, shall be considered as parent tracts. Successive single divisions
of the parent tract, or portions of the parent tract, into two or
more tracts shall be considered an act of subdivision. The requirements
of this chapter shall apply to parcels created or resulting from this
act of subdivision.
SUBDIVIDER
An individual, corporation, or registered partnership 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 on their behalf in planning,
negotiating for, representing, or executing the legal requirements
of the subdivision.
SUBDIVISION
The division of a parent tract into parcels which do not
qualify for subdivision exemptions. This designation shall also apply
to all subdivisions of property not considered to be commercial subdivisions.
[Amended 9-15-2004]
SUBDIVISION EXCEPTIONS (see Article VI of this chapter)
The term "to subdivide" shall not include:
[Amended 9-15-2004]
A.
The sale or gift of a lot or parcel of land to a member of the
immediate family of the owner(s) for the purpose of providing a residential
building site for such family member. A member of the immediate family
is limited to grandparents, parents, spouse, siblings, children and
grandchildren, natural or legal, of the owner.
B.
The formation of individual lots, provided the deed to such
lots states that the property is to be merged with adjoining land
for the exclusive purpose of increasing land area and adjusting shape.
Properties so merged may not be considered as separate parcels and
may not be used or sold individually, unless in agreement with prevailing
County land development laws.
C.
The formation of cemetery lots.
D.
Partitions of land by tenants in common, joint tenants, executors
with the power to sell, and coparceners, whether by suit or by act
of the owners. However, partitions of land must comply with the minimum
lot size required by the parcel's zoning classification.
E.
Any and all divisions of a parent tract which result in all
lots being equal to or in excess of 40 acres.
SUBDIVISION, COMMERCIAL
The division of a parent tract that has a business, commercial
or industrial zoning designation and does not qualify for subdivision
exceptions.
[Amended 10-15-2003]
SURVEYOR
An individual licensed by the Commonwealth of Virginia, in accordance with Chapter
4 of Title 54.1 of the Code of Virginia 1950, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]