(A) The following rules of construction shall apply to these regulations.
(1) The particular shall control the general.
(2) The word
SHALL is always mandatory and not discretionary.
(3) The word
MAY is permissive.
(4) Words used in the present tense shall include the future, and words used in the singular shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(5) Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:
(a) AND indicates that all connected items, conditions, provisions or events shall apply.
(b) OR indicates that the connected items, conditions, provisions or events shall apply.
(c) EITHER or OR indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(B) All public officials, bodies and agencies to which reference is made are those of Lexington County, South Carolina, unless otherwise indicated.
(C) Except when definitions are specifically included in this section, or elsewhere specifically defined in the regulations, words in the text of these regulations shall be interpreted in accordance with the prevalent standard dictionary definition. In any case, the Development Coordinator shall reserve the right to arbitrate any dispute arising from the interpretation of the language contained herein.
(D) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, airport boundaries, major rivers and lakes, or jurisdictional boundary lines of municipalities or counties.
BUILDING. A structure having a roof supported by columns or walls and intended for use on a permanent basis.
BUILDING SETBACK LINE. A line beyond which no foundation wall or part of any structure of any building shall project, with the exception of roof overhang and the subsurface projection of footings.
DEVELOPMENT COORDINATOR. The member of the staff of the Planning Commission who administers, interprets and enforces the provisions of these regulations and who assists the Planning Commission and other agencies in the subdivision approval process.
EASEMENT. Authorization by a property owner to the general public, a corporation or a certain person or persons for the use of any designated part of his or her property for a specific purpose.
LAND USE PLAN. A plan for the physical development of the area of jurisdiction, or any amendment or extension of the plan or any addition to the plan adopted by the Planning Commission pursuant to the authority vested in it by law and includes among other things a major road or right-of-way plan.
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, CORNER. A lot bounded on two (2) or more adjacent sides by streets, private ways or portions of streets or ways, having an angle of intersection of 135 degrees or less.
LOT, DOUBLE FRONTAGE. Any lot, other than a corner lot, which adjoins two (2) street lines opposite to each other and parallel or within 45 degrees of being parallel to each other.
LOT, INTERIOR. A lot other than a corner or double frontage lot.
LOT WIDTH. The horizontal distance between the side lot lines measured at the building setback line parallel to the street right-of-way line, or in the case of a curvilinear street, parallel to the chord of the arc between the intersection of the side lot lines and the street right-of-way.
MAXIMUM FLOOD OF RECORD. The elevation of the MAXIMUM FLOOD OF RECORD shall be determined by using the 100 year frequency flood elevation as the elevation where it has been previously determined by published governmental data.
PLAT. A map or drawing upon which the plan for a subdivision is presented. The preliminary plat indicates the proposed layout of the lots, streets and improvements which the developer desires, and which is given tentative approval by the Planning Commission. The final plat is recorded in the Register of Mesne Conveyance Office and reflects the as-built subdivision in fully approved form.
PROJECT ENGINEER. An engineer or landscape architect properly registered and licensed in South Carolina or permitted by the licensing boards.
PROJECT SURVEYOR. A surveyor properly registered and licensed in South Carolina or permitted by the licensing board.
RESERVE PARCEL. A strip or parcel of land within a subdivision which is not intended as a building site and which is held in reserve for controlling the access to the subdivision, or for a means for possible expansion within the subdivision, or for drainage purposes or for any other purpose deemed necessary either by the subdivider or the governmental authority.
RESUBDIVISION. A combination or recombination of previously recorded lots or tracts of contiguous land for the purpose of creating additional lots or enlarging existing ones.
ROAD. The terms road, highway, street, avenue and the like shall be interchangeable as designators of vehicular by-laws providing access to individual parcels of property, and that pedestrian facilities, bridges, tunnels, viaducts, drainage structures and other appurtenances commonly considered as a component part of a road shall also be included in the definition of the term. A ROAD shall be the physical embodiment of a by-way irrespective of prior platting or planning.
(a) COUNTY ROAD. Any road currently maintained under the county road maintenance system, and any new road to be constructed within the jurisdiction of the county which accesses, or presupposes to access, two (2) or more parcels of land under different ownership, unless the road is a part of the South Carolina State system of highways or a part of the federal system of highways or a private road.
(b) PRIVATE ROAD. No road shall be designated as a private road, unless:
1. In a new development, the proposed road is defined as this by action of the Lexington County Planning Commission upon its satisfaction as to the maintenance of the road;
2. All the owners of property accessed by the road agree to and sign an instrument and plat to be recorded in the Office of the Register of Mesne Conveyance for Lexington County which waives county responsibility for the maintenance of the road; or
3. The road exists prior to 1-10-1979, and accesses two (2) or more parcels of land under different ownership, but is not in the county, state, or federal road maintenance system. This type of private road shall not suffice as approved access for further subdivision of land.
(c) ROAD CLASSIFICATIONS.
1. ARTERIAL. A freeway, expressway or a street or highway which is intended or used for moving either heavy vehicular traffic volumes or high-speed traffic or both, or which has been designated as an arterial on the adopted right-of-way plan.
2. COLLECTOR. A street which is used or intended to be used for moving traffic from local streets to arterials and which may include the principal entrance and circulation streets of a subdivision, or which has been designated as a COLLECTOR on the adopted right-of-way plan.
3. LOCAL STREET. A street which is used or intended to be used for access to abutting properties, or which has been designated as a LOCAL STREET on the adopted right-of-way plan.
4. CUL-DE-SAC. A local street having a short length being terminated by a vehicular turnaround.
5. ALLEY. A minor way used or intended to be used primarily for vehicular access of a service nature to the rear of properties, which otherwise front on a road as classified above.
SUBDIVISION.
(a) The division of a tract of land or of a parcel of land into two (2) or more lots, building sites or other divisions, for the purpose, whether immediate or future, of sale, legacy, or building development, which includes any of the following:
1. The creation of a new county road or the alteration of an existing road;
2. The need for drainage, sedimentation or flood control measures;
3. The installation of a water delivery system; or
4. The installation of a sewerage system.
(b) SUBDIVISION shall not include the division of a tract of land wherein each lot created is equal to the standards of the Lexington County Health Department regarding the use of individual wells and septic tanks and does not involve any of the activities referenced in divisions (1) through (4) above.
(c) When appropriate to the context, the term
SUBDIVISION relates to the process of subdividing or to the land area subdivided.
(1985 Code, Ch. 12, § 3.1)