(A) Usage.
(1) For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this division (A).
(2) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word HEREIN means in these regulations; the word REGULATIONS means these regulations.
(3) A PERSON includes a corporation, a partnership, and an unincorporated association of persons such as a club; SHALL is always mandatory; a BUILDING includes a STRUCTURE; a BUILDING or STRUCTURE includes any part thereof; USED or OCCUPIED, as applied to any land or building, shall be construed to include the words intended, arranged, or designed to be used or occupied.
(B) Words and terms defined. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. A structure has been left vacant or unused or unoccupied for a period of 6 months or longer, and it is further provided that the disconnection of electric power for a period of 6 months or longer, or the failure to ever connect such a structure to electric power after it is brought into the county, creates a rebuttable presumption that the property has been ABANDONED.
ADMINISTRATIVE OFFICIAL. The County Planning Director or the Zoning Administrator, as may be directed by the County Administrator. In the absence of these officials, or in the event of any disagreement as to the applicability of these regulations about a decision the ADMINISTRATIVE OFFICIAL is empowered to make, the County Administrator shall be empowered to exercise the authority of the ADMINISTRATIVE OFFICIAL, and his or her decisions shall be final.
APPLICANT. The owner of land proposed to be subdivided or his or her representative.
APPLICATION FOR EXEMPTION. An application to be made with the administrative official on which basis a finding of applicability of these regulations is to be made. See the definition of subdivision for standards of applicability.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities or counties.
BOND. Any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the governing body. All bonds shall be approved by the governing body wherever a bond is required by these regulations.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any STRUCTURE.
BUILDING LINE. A line beyond which no foundation wall or part of the structure of any building shall project, with the exception of the overhang and the sub-surface projection of footings.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities not owned and operated by a public agency serving a new subdivision in an outlying area.
CENTRAL WATER SYSTEM. A private water company not owned and operated by a public agency, serving new community development in an outlying area. It includes water treatment and distribution facilities.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat or plan and showing specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat or plan.
COUNTY. The Newberry County Council.
COUNTY ENGINEER. A registered, professional engineer who may be on the staff of the county or who may be a private consultant contracted for by the county.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property. An EASEMENT has the same meaning as set forth in the decisions of the appellate courts in the State of South Carolina.
FINAL PLAT OR PLAN. The map or plan or record of a subdivision and any accompanying material, as described in these regulations.
FLAG LOT. A lot which accesses a public street by a narrow strip of land, the width of which is less than the minimum lot width specified in § 154.056(B). The configuration of the lot often appears as the shape of a flag on a pole.
FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot.
GRADE. The slope of a road, street, or other public way, specified in percentage (%) terms from the horizontal.
GROUP DEVELOPMENT. All divisions of a tract or parcel of land into 2 or more building sites for the purpose, whether immediate or future, of building development. GROUP DEVELOPMENTS would include apartment complexes, office parks, shopping centers, or other commercial structures or complexes containing 2 or more business establishments, mobile home parks, industrial parks, or other developments where the site is not subdivided into lots and public streets, but is divided into 2 or more building sites.
HEALTH DEPARTMENT or COUNTY HEALTH DEPARTMENT. The local office of the South Carolina Department of Health and Environmental Control (SCDHEC), which issues permits in the county for individual water systems, and for individual sewage treatment and disposal systems (a/k/a/ individual sewage disposal systems), sometimes referred to in this chapter as septic tanks.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT AREA. The total area of the lot, including easements.
LOT, CORNER. A lot situated at the intersection of 2 streets. (The interior angle of the intersection not exceeding 135 degrees).
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having frontage and access on 2 or more public streets. A corner lot shall not be considered having double frontage unless it has frontage and access on 3 or more streets.
LOT IMPROVEMENT. Any building, structure, work of art or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of the betterment.
LOT INTERIOR. A lot other than a corner lot.
LOT REVERSED FRONTAGE. A lot having frontage on 2 or more public streets, the access of which is restricted to 1 street.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the required building setback line.
MASTER PLAN. A comprehensive plan for development of Newberry County, or for designated subdivision districts, prepared and adopted by the Planning Commission, pursuant to state law (and adopted by County Council, if required by state law), and including any part of the plan separately adopted and any amendment to the plan, or parts thereof.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OFFICIAL MAP. The map established by the Newberry County Council pursuant to law showing the streets, highways, and parks, and drainage systems and setback lines therefore laid out, adopted and established by law, and any amendment or additions thereto adopted by the Newberry County Council of additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of the approved plats.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
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.
PARKING, OFF-STREET. An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street arranged so that no maneuvering incidental to parking shall be on any public street and so that an automobile may be parked or unparked therein without moving any other automobiles.
PLANNING COMMISSION. The Newberry County Joint Planning Commission.
PRELIMINARY PLAT OR PLAN. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
REGISTERED ENGINEER. An engineer properly licensed and registered in the state.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state.
RESERVE STRIP. A strip of land adjacent to a public street or similar right-of-way which has been reserved for the purpose of controlling access to the public way.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip or parcel of land occupied or intended to be occupied by a street, road, railroad, or other special use. Fee simple title is usually granted to the agency or entity acquiring the right-of-way. The usage of the term RIGHT-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 the right-of-way and not included within the dimensions or areas of the lots and parcels. RIGHTS-OF-WAY intended for roads, railroads, streets, and similar uses shall be dedicated by the property owners on whose property the rights-of-way are established to the entity accepting responsibility for their maintenance.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
SAME OWNERSHIP. The same individual, partnership, or corporation who is submitting the subdivision in question for review.
SCREENING. Either:
(a) A strip of at least 10 feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least 4 feet high at the time of planting, of a type that will form a year-round dense screen at least 6 feet high; or
(b) An opaque wall or barrier or fence at least 6 feet high.
SETBACK. The distance between a building line and the street right-of-way nearest thereto.
SKETCH PLAT or SITE PLAN. A sketch preparatory to the preparation of the preliminary plat or plan (or construction plans in the case of group developments) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat or plan and the objectives of these regulations.
STREET. The word means, relates to, and includes the entire right-of-way of streets, avenues, boulevards, roads, highways, freeways, lanes, alleys, courts, thoroughfares, collectors, minor streets, cul-de-sacs, and other ways.
STREET CLASSIFICATIONS. Streets may be classified as follows:
(a) ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
(b) MINOR STREET. A street which is used or intended to be used to provide access to other streets from individual properties. Types of minor streets include:
1. URBAN RESIDENTIAL. Minor streets serving residential lots of less than 2 acres in size;
2. RURAL RESIDENTIAL. Minor streets serving residential lots having an overall density for the subdivision of no greater than 1 lot per 2 acres, excluding street rights-of-way and where no lot is less than 1.5 acres;
3. COMMERCIAL or INDUSTRIAL. Minor streets serving commercial or industrial uses;
4. MARGINAL ACCESS. Minor streets located parallel and adjacent to a limited access street or highway which provide access to abutting properties and protection from through traffic; and
5. CUL-DE-SAC. Minor street with only 1 outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(c) HALF STREET. A 1-lane street.
(d) COLLECTOR STREET. A street which is used or intended to be used for moving traffic from minor streets to major thoroughfares, including the principal entrance and circulation street or streets of a development. Types of COLLECTOR STREETS include:
1. URBAN RESIDENTIAL. Collector streets which serve minor urban residential streets;
2. RURAL RESIDENTIAL. Collector streets which serve only minor rural residential streets and single-family residential lots which meet the lot size requirements of a minor residential street; and
3. COMMERCIAL or INDUSTRIAL. Collector streets which serve minor commercial or industrial streets.
(e) MAJOR THOROUGHFARE. A freeway, expressway, or an arterial street or highway which is used or intended to be used for moving either heavy vehicular traffic volumes or high-speed traffic or both or which was designated as a major thoroughfare in the Comprehensive Plan.
STREET, PERIMETER. Any existing street to which the parcel of land to be subdivided abuts on only 1 side.
SUBDIVIDER. Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who, directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision; or who engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision; and who is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing.
SUBDIVISION. All divisions of a tract or parcel of land into 2 or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, to the process of subdivision or to the land or area subdivided; provided, however, that the following, if no utilities systems are involved, are included within this definition only for the purpose of filing an application for exemption:
(a) Subdivision of 2 to 5 lots in which all lots meet the requirements of the Health Department and front on an existing public road, and with no more than 5 lots being permitted within any 12-month period from a single tract or adjoining tracts of record which were under the same ownership on the date of adoption of this chapter;
(b) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority. In interpreting this division (b), the term PREVIOUSLY PLATTED shall mean platted, approved, and recorded, if the lots were created in accordance with subdivision regulations in effect at the time of their creation, or created as a result of a land division and recorded prior to existence of applicable subdivision regulations;
(c) Completion of existing subdivisions already having received the approval of construction plans (preliminary plat) by the appropriate public agencies, and where construction of streets or utilities have been commenced prior to the adoption of these regulations;
(d) The division of a tract of land into lots where the property is sold or given to the children or relatives of the owner, provided the lot sizes are equal to, or exceed, the standards set forth in these regulations and meet the requirements of the Health Department. The configuration of lots must meet the requirements of § 154.056;
(e) The division of land into parcels of 5 acres or more where no new streets are involved; and
(f) Partitions of land, or other subdivision of property, by order of a court of competent jurisdiction.
SUBDIVISION TYPES.
(a) SPECIAL SUBDIVISION. Any subdivision which, after determination by the Planning Commission, is sufficiently unusual in its design, layout, character, or other features as to warrant special evaluation of the subdivision by the Planning Commission as to how it satisfies the purposes of these subdivision regulations as stated in § 154.001.
(b) NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or
industrial. The subdivision shall comply with the applicable provisions of these regulations.
(c) TRADITIONAL SUBDIVISION. All divisions of a tract or parcel of land into 2 or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, to the process of subdivision or to the land or area subdivided; provided, however, that the following exceptions are included within this definition only for the purpose of requiring that an application for exemption be filed with the administrative official:
1. All exceptions stated in the definition of a subdivision; and
2. Subdivisions of land declared to be special subdivisions by the Planning Commission.
(d) MINOR SUBDIVISION. [Reserved for future expansion].
(Ord. 105, passed 12-29-1988; Am. Ord. 11-42-02, passed 11-20-2002; Am. Ord. 04-06-06, passed 4-5-2006; Am. Ord. 04-07-06, passed 4-5-2006)