(A) For the purpose of this chapter, certain words and terms shall be interpreted as follows.
(1) The word “town” shall mean the Town of Independence, Virginia.
(2) The words “Town Council” shall mean the Town Council of the Town of Independence, Virginia.
(3) The words “Planning Commission” shall mean the Planning Commission of the Town of Independence.
(4) The words “Highway Department” shall mean the Virginia Department of Highways and Transportation.
(5) The word “lot” includes the words “plot” and “parcel.”
(6) The word “shall” is mandatory and not discretionary.
(7) The word “may” is permissive.
(8) The word “approve” shall be considered to be followed by the words “or disapproved.”
(9) All distances and areas refer to measurement in a horizontal plane.
(10) Any reference to the chapter includes all ordinances amending or supplementing the same.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The official designated by the Town Council to administer and enforce this chapter.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or shore lines of waterways.
BUILDING. Any structure built for the support, shelter or enclosure of person, animal, chattel or moveable property of any kind, and which is permanently affixed to the land.
BUILDING SETBACK LINE. A line or lines within a lot or other parcel of land so designated on a recorded plat or otherwise established by law in front of which no building or structure shall be erected.
CUL-DE-SAC. A local public street having only one end open to traffic and the other end being permanently terminated by an appropriate turnaround for the safe and convenient reversal of traffic movement.
EASEMENT. A grant by a property owner of the use of land for a specific purpose or purposes.
FINAL PLAT. The map or plan of a subdivision of land which meets all the requirements of this chapter, including any accompanying material, as described in § 151.07.
FRONTAGE. The length of the property line of any lot, lots or tract of land measured along a public street, road or highway against which land abuts.
HIGHWAY ENGINEER. The Resident Engineer employed by the Virginia Department of Highways and Transportation serving the county.
IMPROVEMENTS. Public utilities, circulation and drainage facilities, including but not limited to: streets, storm and sanitary sewer systems; curbs an gutters; culverts, catch basins and other drainage structures; water lines and fire hydrants; sidewalks; street signs.
LOT. A portion of a subdivision, or any other parcel of land intended for transfer of ownership, or for budding development, or both.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under this chapter.
PLANNED UNIT DEVELOPMENT. A parcel of land under single ownership or control, having a minimum area of ten acres, for which a detailed site plan is submitted to the Planning Commission for review under the provisions of this chapter. Types of development which may be reviewed and approved as “planned units” include: residential communities; mobile home parks; industrial parks; commercial centers and; resort and recreation complexes containing campgrounds, motels and vacation homes for sale or rent.
PRELIMINARY PLAT. The map or plan of a subdivision of land which meets all the requirements of this chapter, including any accompanying material, as described in § 151.06.
RESUBDIVISION. An authorized change in property lines of a recorded subdivision.
STREET. A way for vehicle traffic, whether designated as a street, highway, road or however otherwise designated. For the purposes of this chapter, the street system is classified as follows.
(a) ALLEYS. Minor ways which are used primarily for vehicle service access to the back of properties otherwise abutting on a street.
(b) ARTERIAL STREETS. Those used primarily for heavy or fast traffic and from which direct access to abutting property may be restricted or prohibited.
(c) COLLECTOR STREETS. Those which carry traffic from local streets to the major system of arterial streets, including the principal entrance streets of a residential development and certain streets for circulation within such development.
(d) LOCAL STREETS. Those which are used primarily for access to abutting properties.
(e) MARGINAL ACCESS STREETS. Minor streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.
SUBDIVIDER. Any person, firm or corporation who creates a subdivision as defined in this chapter.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels, any of which contains less than five acres, for the purpose of transfer of ownership or of building development, including all changes in street or lot lines and the creation of any new street or easement; except, however, as follows:
(a) The sale or exchange of adjacent property between adjoining lot owners, where such sale or exchange does not create additional building sites;
(b) The division of land into parcels of five acres or more not involving any new street or easement;
(c) A bona fide division or partition of agricultural land for agricultural purposes or for the building site for members of the family owning any such agricultural lands;
(d) A bona fide division or partition of land by a property owner to his or her children and their spouses for a building site; and
(e) Land being sold by any unit of local, state or federal governments.
(1996 Code, § 143-3)