For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a different street and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO). Design standards defined as a Policy on Geometric Design of Highways and Streets Current Edition.
APPLICANT. The owner of land proposed to be subdivided or a representative as evidenced by written consent from the legal owner of the premises.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BOARD. The Planning and Zoning Board of Lawrence County, South Dakota.
BOUNDARY PLAT. The map or plan or record of a subdivision providing the outermost limits of the entire tract to be subdivided and including all adjacent un-platted or un-subdivided property and contiguous platted lands held to any extent in common ownership.
COLLECTOR ROADS. A road intended to move traffic from local roads to minor arterials. A COLLECTOR ROAD serves a neighborhood or large subdivision and provides rights-of-way beneath it for sewer, water, and storm drainage pipes.
COMMISSION. See COUNTY COMMISSION.
COMMUNITY SIGN. A sign erected and maintained by or on behalf of a governmental entity for the purpose of proclaiming the boundary of such entity. Such SIGN shall not contain advertisement of any private business.
COMPREHENSIVE PLAN. A document which describes in words, and may illustrate by maps, plats, charts, and other descriptive matter, the policy, goals, and objectives of the Board to interrelate all functional and natural systems and activities relating to the orderly development of the territory under its jurisdiction.
CORRECTION/CORRECTIVE PLAT. A re-recording of a previously approved plat which is intended to correct any technical error, other than any typographical error or omission of data as provided for in SDCL § 43-18-11, on a recorded plat.
COUNTY COMMISSION. The governing body of Lawrence County.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEAD-END ROAD. A road or travelway where there is only one way in and out.
DESIGN STANDARDS. The specifications to land owners or developers for the preparation of plats, both preliminary and final, indicating, among other things, the optimum, minimum, or maximum dimensions of such items as rights-of-way, blocks, easements, and lots.
DEVELOPER. Any person, partnership, joint venture, association, or corporation who shall participate as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision.
DRIVEWAY. A paved or unpaved access providing a vehicular connector between the public right-of-way and the private property and is not dedicated as a public road.
DRY HYDRANT. An arrangement of pipe permanently connected to a water source other than a piped, pressurized water supply system that provides a ready means of water supply for firefighting purposes and that utilizes the drafting (suction) capability of a Fire Department pump.
DWELLING UNIT. Any structure or part thereof, designed to be occupied as the living quarters of a single-family or housekeeping unit.
EASEMENT. Authorization, filed/recorded with Register of Deeds, by a property owner for the use by another, and for specified purpose, of any designated part of his or her property.
FINAL PLAT. The map or plan or record of a subdivision and any accompanying material, as described in these regulations.
FIRE PLAN. A means to assist in the mitigation of fire hazards in the urban wildland interface.
FORESTED LAND. Land with at least 10% crown cover by forest trees of any size, or formerly having such cover and not currently developed for non-forest use.
GOVERNMENT LOT. A subdivision of a section which is not described as an aliquot part of the section, but which is designated by a lot number. A GOVERNMENT LOT may be regular or irregular in shape and its acreages varies from that of regular section subdivisions. For purposes of these regulations, rights-of-way for public or private transportation shall not impact the completeness of a quarter-quarter section.
GRADE. The slope of a road, street, or any other public way, measured at the centerline specified in percentage (%) terms.
I.C.C. International Code Council.
INTERSECTION. The point of crossing or meeting of two or more streets.
INVASIVE SPECIES PLAN. A document stating the immediate and future plan to eradicate and control invasive species.
LANDSCAPE TREATMENT. Thinning the trees in the conifer canopy to create the appropriate spacing between the crowns of the trees which reduces the risk of a wildfire spreading from treetop to treetop through the forest canopy.
LAYOUT PLAN. A sketch prior to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the County Commission as to the form of the plat and the objectives of these regulations.
LOCAL ROAD. A road intended to provide access to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
LOT. A tract, plot, parcel, or portion of a subdivision or other parcel of land intended as a unit for building development or transfer in ownership.
LOT OF RECORD. Any lot that is part of a recorded subdivision or parcel of land that has been recorded at the County Register of Deed’s office.
MAJOR ARTERIAL. A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas. Also, to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
MASTER PLAN. An illustrative drawing, or series of drawings, and a written narrative submitted with the change of zoning application for a PUD District that depicts the general design concept, character, and development intent for the entire property, demonstrates the proposed mix of land uses within the property, general locations of such land uses, and the overall transportation pattern within the property. A long-range, land-use plan for development that identifies site access, general improvements, and any plan for future development/subdivision of the property.
METES AND BOUNDS DESCRIPTION. A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference, such as a monument or other marker, a tree, or other permanent feature.
MINOR ARTERIAL. A road intended to collect and distribute traffic in a manner similar to major arterials, except that these roads service minor traffic generating areas such as community-commercial areas, primary and secondary educational facilities, hospitals, recreational areas, churches, and offices. A road designed to carry traffic from collector streets to the system of major arterials to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
MOBILE HOME. A transportable structure, in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required facilities.
MOBILE HOME PARK. A parcel of land, owned by an individual, firm, trust, partnership, public or private association or corporation, that has been planned and improved for the placement of two or more mobile homes.
NATIONAL GEODETIC SURVEY DATUM. Refers to elevation datum NAVD88 or elevation datum NGVD29.
NFPA. National Fire Protection Agency.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to, or sufficient proprietary interest in, the land sought to be subdivided under these regulations.
PARCEL. A tract or plot of land of any size that may or may not be subdivided or improved.
PARKS and PLAYGROUNDS. Public lands and open spaces in the county dedicated or reserved for recreational purposes.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access, to be used by pedestrians, and which may be used for the installation of utility lines.
PERCENTAGE OF GRADE. The rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal distance. The centerline of a street shall be used to determine the street rise of grade.
PLANNING AND ZONING BOARD. The Planning Board of Lawrence County.
POTABLE WATER FACILITIES. Facilities that deliver water which meets acceptable standards for drinking purposes.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning and Zoning Board for approval.
PRIVATE ROAD. Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public. All PRIVATE ROADS must be approved by the County Commission. For purposes of density calculations, a PRIVATE ROAD shall constitute the areas of its surface or private right-of-way if designated on the recorded plat.
PROTECTIVE COVENANTS. Contracts made between private parties as to the manner in which land may be used, with the view to protect and preserve the physical and economic integrity of any given area.
PUBLIC ROAD. A road located within dedicated public right-of-way, can be used in all subdivisions and to provide right-of-way beneath it for sewer, water, and storm drainage pipes. For purposes of density calculations, a PUBLIC ROAD shall constitute all of the area within the public right-of-way.
RE-PLAT. A plat showing the reconfiguration of lots on a previously recognized plat.
REVERSE FRONTAGE LOT. A lot with frontage on two generally parallel streets or highways having access only from the lesser order roadway.
RIGHT(S)-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or other utilities or for another special use. The usage of the term RIGHT(S)-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such RIGHT(S)-OF-WAY and not included within the dimensions or areas of such lots or parcels.
SANITARY SEWERAGE FACILITIES. A system of components that transports wastewater from the place it is generated to and including the means with which it is treated in accordance with the Recommended Design Criteria for Wastewater Collection and Treatment Facilities as prepared by the State Department of Environment and National Resources, dated March 1991.
STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, place, or however otherwise designated.
STREET, MARGINAL ACCESS. Minor streets which are parallel and adjacent to thoroughfares and highways and which provide access to abutting properties and protection from through traffic.
STREET, THOROUGHFARES. Arterial streets which are used primarily for heavy traffic and serve as an arterial traffic way between the various districts of the county.
STREET WIDTH. The shortest distance between lines of lots delineating the street right-of-way.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION. The division or re-division of a lot, tract, or parcel of land by any means into one or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer, or ownership, or building or lot development. The term shall include the re-subdivision of land.
SURETY. Any form of security including a cash deposit, surety bond, or instrument of credit from a federally insured financial institution in an amount and form satisfactory to the County Commission. All SURETIES required by these regulations shall be approved by the County Commission.
SURVIVABLE SPACE. The area between wildland fuels and structure, typically a width of 30 to 200 feet, that allows firefighters to protect the structure from wildfire. In the absence of firefighters, this safety zone increases the likelihood that the structure will survive on its own.
TANGENT. A straight line departing from a curve which is perpendicular to the radius of that curve.
TRACT. A parcel of land intended for division or development of a subdivision.
VARIANCE. A departure from any provision of the zoning requirements for a specific parcel accepted use, without changing the zoning ordinance or the underlying zoning of the parcel. A VARIANCE usually is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zone district.
VERTICAL CURVE. The surface curvature on a street centerline located between lines of different percentage of grade.
WASTEWATER SYSTEM, ON-SITE. A system designed to contain, distribute, or treat wastewater on or near the location where the wastewater is generated including sewers, septic tanks, absorption fields, No dak systems, seepage pits, vault privies, holding tanks, subsurface sand filters, gray water systems, pumping stations, dosing chambers, and related equipment.
WASTEWATER SYSTEM, PUBLIC. A facility for the treatment of wastewater owned by the state or any of its political subdivisions.
WASTEWATER SYSTEM, SMALL ON-SITE. A system or device for the collection, storage, treatment, neutralization, stabilization, and dispersal of wastewater from dwellings or other facilities which serves 30 or fewer individuals, or produce 7,500 gallons or less of wastewater per day.
WATER SUPPLY SYSTEM, CENTRAL. A water supply providing water for human consumption to three or more, but less than 15, service connections and serving an average of less than 25 individuals per year.
WATER SUPPLY SYSTEM, PRIVATE. A water supply system that provides water for human consumption to fewer than 15 service connections, that regularly serves fewer than 25 individuals, or that serves 25 or more individuals for no more than 60 days per year.
WATER SUPPLY SYSTEM, PUBLIC. A water supply system that provides water for human consumption to 15 or more service connections, or that serves an average of 25 or more individuals for 60 or more days per year.
WILDFIRE MITIGATION CONTRACTOR. A person who possesses the following minimum certifications: NWCG certifications S-130 Introduction to firefighting; S-190 Basic Fire Behavior; S-290 Intermediate Fire Behavior; or NFPA Certified Wildfire Mitigation Specialist certification or other equivalent certification(s) as deemed sufficient by the County Commissioners and has wildland firefighting experience in a wildland urban interface setting.
WILDFIRE MITIGATION PLAN. The development and/or implementation of a plan to reduce the risk to people, animals, communities, individual structures, or other improvements from a wildland fire. The PLAN allows for the implementation of various measures, allowing for flexibility of treatment options and is designed to minimize the destructive effects a wildfire has on property. Some measures are designed to modify the forest environment surrounding a structure that puts the structure at risk from destruction by a wildfire. Others focus on modifying the construction of a structure itself or changing its location to improve its ability to withstand a wildfire without being dependent upon fire suppression resources. The assessment form provided in the Lawrence County CWPP document shall be utilized in all mitigation plans.
(Ord. 14-04, passed 6-30-2015, Ch. 2; Ord. 21-03, passed 9-28-2021)