(1) "Alley" - A right-of-way which provides secondary and/or service access for vehicles to the sides or rear of abutting properties whose principal frontage is on another street.
(2) "Application, active" - Any preliminary subdivision application, preliminary site plan application, preliminary/record plat application, preliminary/final site plan application, record plat application, final site plan application, construction plans and profiles application, boundary line adjustment application, or family subdivision application, which has been officially accepted by the County and which is not an inactive application or has not been withdrawn or has not received a final decision.
(3) "Application, inactive" - Any preliminary subdivision application, preliminary site plan application, preliminary/record plat application, preliminary/final site plan application, record plat application, final site plan application, construction plans and profiles application, boundary line adjustment application, or family subdivision application, officially accepted by the County for processing but which has had such processing suspended either by request of the applicant or by having no contact or activity occur in regards to the application by the applicant for a period of six months.
(4) "Application, reactivated" - Any preliminary subdivision application, preliminary site plan application, preliminary/record plat application, preliminary/final site plan application, record plat application, final site plan application, construction plans and profiles application, boundary line adjustment application, or family subdivision application which was classified as inactive which the applicant subsequently notifies the County in writing of their desire to have the application brought to final decision.
(5) "Approving authority" - The public body or any committee thereof or the public official or employee designated by this Ordinance to exercise discretion in the approval or disapproval of preliminary plats of subdivisions, record plats of subdivisions, preliminary/record plats of subdivisions, preliminary site plans, final site plans, preliminary/final site plans, family subdivisions, subdivision waivers, boundary line adjustments, and subdivision exceptions, respectively.
(6) "Architect" - A person registered to practice architecture and licensed by the Commonwealth of Virginia.
(7) "Board of Supervisors" or "Board" - The Board of Supervisors of Loudoun County, Virginia.
(8) "Building" - A structure having one or more stories and roof, designed primarily for the shelter, support, or enclosure of persons, animals, or property of any kind.
(9) "Comprehensive Plan" - The official document commonly referred to as the General Plan, or elements thereof, adopted by the Board of Supervisors, intended to guide the physical development of the County or a portion thereof Such Plan, including maps, charts, policy statements and/or descriptive material, shall be adopted in accordance with Section 15.2-2226 of the Code of Virginia.
(10) "Condominium" - Any real property, and any incidents thereto or interests therein, in which individual dwelling units or apartments of a multi-unit structure or area are owned individually, in conjunction with an undivided interest in common elements appertaining to each individual unit and which undivided interest is vested in each owner of any individual unit or apartment. Any real property for which condominium instruments have been recorded pursuant to Section 55-79.49 of the Code of Virginia of 1950, as amended (The Virginia Condominium Act), and which is subject of the terms and conditions of that Act shall be deemed to be a "condominium" for purposes of this Ordinance.
(11) "Conversion condominium" - A condominium containing structures which, before the recording of a declaration, were wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy these units with the consent of such purchasers.
(12) "Covenant" - A written agreement or promise under seal between two or more parties.
(13) "Department" - The Department of Building and Development, Loudoun County, Virginia.
(14) "Developer" - The legal or beneficial owner or owners of all the land proposed to be included in a given development, or the authorized agent thereof.
(15) "Development" - A tract of land which is the subject of the proposed subdivision or site plan developed, or to be developed, as a unit under single ownership or unified control which is to be used for any business, commercial, institutional, governmental, industrial, or residential purpose. The term "development" shall not be construed to include any property which will be devoted solely to farming.
(16) "Director" - The Director of the Department of Building and Development or his designated representative.
(17) "Division" - The creation of lots in the AR-1 and AR-2 Zoning Districts pursuant to Section 1241.06
of the LSDO and Sections 2-103 and 2-203 of the Loudoun County Zoning Ordinance, as amended.
(18) "Easement" - A grant of interest in real property by the owner to, or for use by, an abutting landowner, the public, or another person or entity, including both easements appurtenant and easements in gross.
(19) "Facilities Standards Manual" - The Facilities Standards Manual of Loudoun County.
(20) "Filing date" - The date that all required submissions have been made and the Director has signed the application. This date shall be deemed the date upon which a plan or other application has been officially submitted.
(21) "Geotechnical test" - A field or laboratory test or evaluation assessing site geology, rocks, and/or hydrology for the purpose of determining the suitability of a site for a proposed development.
(22) "Health Director" - The Director of the Department of Public Health for Loudoun County or his designated representative.
(23) "Improvement" - Roads, streets, parking areas, loading areas, sidewalks and pedestrian ways, curbs, gutters, water mains, sewer mains, drainage facilities, stormwater management facilities, landscaping, recreational facilities, and other structures or facilities as may be required under this Ordinance, the Zoning Ordinance, the Facilities Standards Manual.
For purposes of requiring a performance guarantee from a subdivider or developer, "improvement" includes those improvements set forth in the Bonding Policy of the Facilities Standards Manual.
(24) "Land use and use of land" shall include "building use" and "use of building."
(25) "Lot" - A numbered and recorded portion of a tract, division, or subdivision intended for transfer of ownership or for development. "Lot" shall include the words "plot" and "parcel".
(26) "Lot line" - A line dividing one lot from another or from a street or other public or private area.
(27) "Officially submitted" - The status of a plan or plat which has been determined by the Director to have been filed in accordance with all submission requirements of this Ordinance, including the Facilities Standards Manual. The date on which the plat or plan is officially submitted shall establish the filing date for the plat or plan.
(28) "Originating Tract" - A lot or parcel of land in the AR-1 or AR-2 Zoning District which is to be the subject of a subdivision through the "Principal/Subordinate" Subdivision Option as identified in Sections 2-103 and 2-203 of the Zoning Ordinance. This designation is for the purpose of establishing a base density of development in order to implement this subdivision option.
(29) "Plan" - The proposal for a development or a subdivision, including all covenants, grants, or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities, and such other information as required by the Ordinance to which the proposed development or subdivision is subject.
(a) Preliminary plat: A plat of a proposed land subdivision or development showing the character and proposed layout of the tract. Also referred to as "preliminary plat of subdivision" when pertaining to a subdivision development.
(b) Construction plan: A plan including specifications for improvements as required by this Ordinance, the Facilities Standards Manual, Erosion Control Ordinance of Loudoun County, and the Virginia Department of Transportation.
(c) Site plan: A site plan is a "plan of development," within the meaning of Virginia Code Section 15.2-2286, as further defined in the Zoning Ordinance.
(d) Site plan amendment: A minor change or revision to a previously approved site plan as defined in the Facilities Standards Manual.
(e) Record plat: A plat of a subdivision which, when approved, shall meet all the applicable requirements of this Ordinance and the Zoning Ordinance and shall be in a form suitable for recording.
(f) Preliminary/record plat: A plat of subdivision that meets all requirements of both a preliminary plat and record plat and is submitted as a combined application.
(30) "Planning Commission" or "Commission" - The Planning Commission of Loudoun County, Virginia.
(31) "Principal Lot" - A lot or parcel of land in the AR-1 or AR-2 Zoning District which has been created through the "Principal/Subordinate" Subdivision Option as identified in Sections 2-103 and 2-203 of the Zoning Ordinance. Future subdivision and development of such lots are restricted by the requirements contained in the AR-1 and AR-2 Zoning Districts.
(32) "Professional engineer" - Any individual duly licensed by the Commonwealth of Virginia to practice engineering.
(33) "Public improvement" - An improvement that has been or will be dedicated for public use or that is designated to provide -adequate transportation, water, sewerage, flood protection or recreational facilities or to serve other public requirements in accordance with the Land Subdivision and Development Ordinance and the Zoning Ordinance.
(34) "Public individual well" - As defined in Chapter 1040
of the Codified Ordinances of Loudoun County.
(35) "Public sewerage system" - A sewerage system owned or operated by a public authority or municipality.
(36) "Public water supply system" - As defined in Chapter 1040
of the Codified Ordinance of Loudoun County and including a central communal or municipal water-supply system serving more than two (2) lots and intended to be owned or operated by a municipality or the Loudoun County Sanitation Authority (LCSA) for the purpose of furnishing potable water.
(37) "Record drawing" - A detailed engineering drawing which locates required improvements as installed.
(38) "Required Yard" - A yard, as defined in the Zoning Ordinance, located along the perimeter of a lot, the dimensions of which are set by the District regulations of the Zoning Ordinance.
(39) "Resident Engineer" - The Resident Engineer for Loudoun County of the Virginia Department of Transportation, or his designated deputy.
(40) "Sewage disposal system" - An individual sewage disposal system or sewage treatment system defined in Chapter 1066
of the Codified Ordinances which is designed not to result in a point source discharge.
(41) "Sewerage system" - Pipe 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.
(42) "Street" - A strip of land intended primarily for vehicular traffic and providing the principal means of access to property, including, but not limited to, avenue, boulevard, drive, highway, lane, road, or any other thoroughfare maintained, or designed and built to be maintained, by the Virginia Department of Transportation.
(a) Road, Class I: Roads which were part of the State-maintained highway system at the time of the adoption of the 1972 Zoning Ordinance.
(b) Road, Class II: Roads meeting Virginia Department of Transportation specifications and acceptable for maintenance by the State, bonded as provided in the Loudoun County Subdivision Ordinance or roads accepted in the State-maintained highway system after the effective date of the 1972 Zoning Ordinance.
(c) Road, cul-de-sac: A dead-end Class I, II, or III road having one end open to traffic and the other end terminating in a vehicular turnaround.
(d) Class III road: A non-State maintained road which meets the design standards contained in the Facilities Standards Manual.
(43) "Subdivide" - The creation of a subdivision.
(44) "Subdivider" - An individual, corporation, proprietor, trust, trustee, joint venture, partnership, or other entity owning any tract, lot, or parcel of land to be subdivided; or a group of two or more persons or entities 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 or entity to act on their behalf in planning, negotiating, representing, or executing the legal requirements of the subdivision.
(45) "Subdivision" - The division of any parcel of land into two (2) or more new parcels, each separately transferable from the other, and shall include condominium development. Separation of interests in land for the purpose of lease, transfer of (partial) undivided interest, granting or extinguishment of easements, subordinating or otherwise affecting the priority of liens, plats of confirmation, and any other such transfers of interests in land not directed at the creation of new, separately transferable parcels, shall not be considered as an act of subdivision.
(46) "Subordinate Lot" - A lot in the AR-1 or AR-2 Zoning District created pursuant to the "Principal/Subordinate Subdivision Option" as identified in Sections 2-103 and 2-203 of the Zoning Ordinance. Future subdivision of such lots is restricted by the requirements contained in the AR-1 and AR-2 Zoning Districts.
(47) "Surveyor" - A certified land surveyor licensed by the Commonwealth of Virginia.
(Ord. 00-04. Passed 4-29-00; Ord. 06-16. Passed 12-5-06.)