Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meaning indicated.
(a) General. Words in the singular include the plural, and words in the plural include the singular. The word "shall " is mandatory unless otherwise indicated. The words "person" and "individual" include corporations and unincorporated associations. The word "building" includes "structure" and shall be construed as if followed by the words "or part thereof", and the word "watercourse" shall include "drain", "ditch", and "stream".
(b) Specific Definitions.
(1) COMMISSION AND PLANNING COMMISSION means the Planning Commission established pursuant to the provisions of the Urban and Rural Planning and Zoning Act of 1959.
(2) COMPREHENSIVE PLAN means a plan, or part thereof, adopted by the Planning Commission, indicating the general locations recommended for major land uses, thoroughfares, public buildings, utilities, parks, and other public open spaces, which may consist of several maps, data, and express principles for development.
(3) EASEMENT means a right granted to use certain land for a special purpose not inconsistent with the general property rights of the owner.
(4) ENGINEER, unless otherwise hereinafter indicated, means the duly designated engineer of the Town of Fayetteville, or if there be no such official, a professional engineer licensed in West Virginia employed by the Town.
(5) SUBDIVISION PLAT means a plan prepared for recording by a professional engineer licensed in West Virginia.
(6) IMPROVEMENT means those physical changes to the land necessary to produce usable and desirable lots from raw acreage, including grading, pavement, curb, gutter, storm sewers and drains, and betterments to existing watercourses, sidewalks, street signs, crosswalks, shade trees, sodding or seeding, street name signs, and monuments.
(7) LOT means a parcel of land intended for transfer of ownership or building development, whether immediate or future.
(8) LOT DEPTH means the mean horizontal distance between the front and rear lines of a lot.
(9) LOT, DOUBLE FRONTAGE means a lot, the generally opposite ends of which both abut on streets.
(10) LOT WIDTH means the width of a lot at the building line.
(11) PLAT (also referred to as FINAL SUBDIVISION PLAT) means the final maps, drawing, or chart upon which the owner's plan of subdivision is presented to the Planning Commission for approval, and which, if approved, will be submitted to the County Clerk for recording.
(12) PRELIMINARY LAYOUT means a plan prepared by a licensed professional engineer or surveyor or a qualified site planner, showing existing features of the land and proposed street, utility, and lot layout within and adjacent to a subdivision.
(13) RIGHT-OF-WAY means a strip of land between property lines opened for use as a street, alley, or crosswalk.
(14) SETBACK OR BUILDING LINE means a line, generally parallel to the street line, beyond which the front foundation wall of a building may not project into the front yard.
(15) SIGHT DISTANCE means the distance an object 18" off the pavement (a tail light) is visible from an eye level 4 ½' above the pavement (the average height of a driver's eyes) .
(16) STREET. The term "street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, place, or other similar designation. The following functional classification is used in these regulations:
A. “Arterial streets” means those which are used primarily for fast or heavy traffic, usually with complete or partial control over access from abutting property.
B. “Collector streets” means those which carry traffic from minor streets to the major system of arterial streets or highways.
C. “Minor streets” means those which are used primarily for access to the abutting properties.
D. “Marginal access streets” means minor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
E. “Cul-de-sac-streets” means minor streets with one end open for public vehicle and pedestrian access and the other end terminating in a vehicular turnaround. The length of a cul-de-sac street shall be measured along the center line from its intersection with the center line of the street from which it runs to the center of the cul-de-sac turnaround.
F. “Service drives” means minor private ways which are used primarily for vehicular service access to the back or the side of properties which have a front boundary abutting on a street.
(17) SUBDIVIDER means a person who is the owner of record, or his authorized agent, of land proposed for subdivision.
(18) SUBDIVISION means the division of a single lot, tract, or parcel of land, or a part thereof, into two or more lots, tracts, or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, of transfer of ownership or of building development; provided, however, that division of land for agricultural purposes into parcels of more than five acres, not involving any new street or easement of access, shall not be included within the meaning of "subdivision". The term subdivision shall also include “resubdivision”.
(19) SUBDIVISION, MINOR means a subdivision of not more than two lots not involving any new street or easement of purpose, except that a division of land into parcels of more than five acres not involving any new street or easement of access shall not be included within the meaning of "Minor Subdivision".
(Passed 5-23-74.)