§ 22-7. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future, words in the singular number include the plural, and the plural the singular, unless the natural construction of the word indicated otherwise; the term "lot" includes the term "parcel"; the term "shall" is mandatory and not directory; the term "approve" shall be considered to be followed by the words "or disapproved;" any reference to this article includes all ordinances amending or supplementing the same; all distances and areas refer to measurement in a horizontal plane.

Agent means the representative of the governing body, the administrator who has been appointed to serve as the agent of the town council in approving the subdivision plats.

Alley means a permanent service way providing a secondary means of access to abutting properties.

Approving authority means those persons delegated the responsibility of approving any portion or part of the requirements of this article.

Architect means an individual who is recognized by the states of Virginia, Tennessee, or Kentucky, and who is registered with the state department of professional and occupational registration as an architect.

Building means any structure built for the support, shelter, housing or enclosure of persons, animals, or property of any kind.

Building line means the distance of a building from the front lot line or front boundary line.

Commission means the planning commission of the town.

Construction standard means the design and construction standards of the state department of highways.

Dead-end street means a street with only one outlet having an appropriate turn around for safe and convenient reverse traffic movement.

Developer means an owner of property being subdivided, whether or not represented by an agent.

Driveway means that space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

Dwelling unit means a group of one or more rooms designated for or intended for occupancy of a single family.

Easement means a grant by a property owner of the use of his land by another party for a specific purpose.

Engineer means an individual who is recognized by the state and who is registered with the state as a professional engineer.

Flood means an overflow of land not normally covered by water that results in significant adverse effects in the vicinity.

Flood, regional means a flood used in the Tennessee Valley Authority flood studies comparable to the largest floods known to have occurred on streams of similar physical characteristics in the same geographic region.

Floodway means the natural channel in the portion of the floodplain along the channel which must be retained for the passage of floodwaters to prevent an undue increase in flood heights upstream. For the purpose of these regulations the floodway shall be further defined as follows:

(1)

Floodway districts as designated by zoning or subdivision regulations of communities.

(2)

Along streams for which data on the regional flood is available, the floodway shall consist of the stream channel and that portion of the adjacent floodplain which would be required to safely pass the regional flood as determined by a competent engineer's action on behalf of the subdivider, but in no case less than within 15 feet of the top of the banks.

(3)

Along small streams and drainage channels, areas within 15 feet of the top of the banks.

Gross acreage means total tract acreage.

Health official means the health director or county sanitarian.

Highway engineer means the resident engineer employed by the state department of highways.

Jurisdiction means the area or territory subject to the legislative control of the town council.

Land subject to flooding means:

(1)

Land lying below the elevation of the regional flood as shown on the chart, "High Water Profiles, Clinch River, Vicinity of Dungannon, Fort Blackmore, Virginia, Tennessee Valley Authority, June, 1961."

(2)

Land lying below the elevation of the regional flood as shown on the chart, "High Water Profiles, Clinch River and Stock Creek, Vicinity of Clinchport, Virginia, Tennessee Valley Authority, March, 1966."

(3)

Land lying below the elevation of the regional flood as shown on the chart, "High Water Profiles, and Stony Creek, Virginia of Fort Blackmore, Virginia, Tennessee Valley Authority."

(4)

Land lying below the elevation of the regional flood as shown on the chart, "High Water Profiles, North Fork Clinch River, Vicinity of Duffield, Virginia, Tennessee Valley Authority, Hay, 1967."

(5)

Along those streams for which flood information is not available, the administrator will secure from the Tennessee Valley Authority the data necessary to adequately define land subject to flooding.

Lot means a numbered and recorded portion of a subdivision intended for a transfer of ownership or for building development for a single building and its accessory building.

Lot, corner, means a lot abutting on two or more streets at their intersections; the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.

Lot, depth of, means the mean horizontal distance between the front and the rear lot lines.

Lot, double frontage, means an interior lot having frontage on two streets.

Lot, interior, means a lot other than a corner lot.

Lot of record means a lot which has been recorded in the office of the clerk of the appropriate court.

Lot, width of, means the mean horizontal distance between the side lot lines.

Multiple-family dwelling means multiple-family dwelling means a building arranged or designed to be occupied by more than two families, the structure having more than two dwelling units.

Net acreage means the remaining acreage after subtracting from gross acreage all land not intended for use or sale as residential building lots. In computing net acreage, street rights-of-way, restricted floodways, parks, school sites, other permanent open spaces and land intended or shown for public use shall be subtracted as well as land intended for other than residential use.

Off-street parking means any apace specifically allotted to the parking of motor vehicles, which space shall not be in a dedicated right-of-way.

Owner means the person having legal title to the land involved or holding a lease for a term of not less than 30 years.

Plat includes the terms map, plan, plot, replat, replot; and means a map or plan of a tract or parcel of land which is to be, or which has been subdivided. When used as a verb, the term "plat" is synonymous with subdivide.

Preliminary sketch means the rough, initial drawing of a proposed subdivision showing information as required in this chapter.

Property means any tract, lot, parcel, or several of the same collected together for the purpose of subdividing.

Residential plan community means a variety of the residential and other land uses developed in an orderly relationship to one another so as to produce as nearly as possible a self-sustaining community of land uses of a compatible nature.

Single-family dwelling means a detached building designed for or intended to be occupied by one family.

Street means the principal means of access to abutting properties.

Street, arterial, means a heavily traveled thoroughfare or highway that carries a large volume of through traffic or anticipated traffic exceeding 5,500 vehicles per day.

Street, collector, means a highway that carries a through volume of anticipated traffic between 401 to 3,000 vehicles per day.

Street, major, means a heavily traveled thoroughfare or highway that carries a large volume of through traffic or anticipated traffic between 3,001 to 5,500 vehicles per day.

Street, marginal, means a street that is used primarily as a means of public access to abutting properties with anticipated traffic of less than 250 vehicles per day.

Street, minor, means a street that is used primarily as a means of access to the abutting properties with anticipated traffic of less than 400 vehicles per day.

Street oralley, public use of, means the unrestricted use of a specific area of right-of-way for ingress and egress to two or more abutting properties.

Street width means the total width of the strip of land dedicated or reserved for public travel, including roadway, curbs, gutters, sidewalks, and planting strips.

Subdivide means:

(1)

The division of a parcel of land into three or more lots or parcels of less than two acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in any such division, any division of a parcel of land. The term "subdivide" includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels, a plat of any such division shall be submitted for approval in accordance with this chapter.

(2)

Notwithstanding any provision of this chapter to the contrary, in subdivision involving a new street in which each lot or parcel of the subdivision is two acres or more in size, the street construction and design requirements of this subdivision and of the state department of transportation shall not apply, except that the right-of-way for the new street shall be 40 feet in width; however, the plat of such subdivision not meeting said street construction and design requirements and each deed of conveyance to the original and to any subsequently conveyed lot or parcel of land of any size contained within such subdivision shall contain the following statement which shall be underlined in each such legal instrument: "The streets in this subdivision do not meet state standards and will not be maintained by the Virginia Department of Transportation or Scott County, Virginia."

Furthermore, prior to any future request for the streets' addition to the secondary system of state highways, they must be brought into compliance with the applicable subdivision street requirements of the state department of transportation in effect at that time and without cost to funds administered by the department.

(3)

Where a single lot or parcel of land is to be subdivided into only two parcels, and both resulting parcels meet the zoning requirements applied to the original parcel, any or all the requirements of this chapter may be waived. No such waiver to this chapter shall be granted which is opposed in writing by the county or highway engineer or health official.

(4)

The term "subdivide" and any derivative thereof shall have reference to the term "subdivider" as defined in this section.

Subdivider means an individual, corporation or registered partnership owning any tract, lot or parcel of land to be subdivided, or a group of two or more persons 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 to act on their behalf in planning, negotiating for, in representing, or executing the legal requirements of the subdivision.

Surveyor means an individual who is recognized by the state and who is registered with the state as a registered land surveyor.

Town council means the town council.

Town house means a single-family dwelling forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one such dwelling unit to another.

Two-family dwelling means a building designed for or intended to be occupied by not over two families, living independently of each other, including both duplex (one dwelling unit above another) and semi-detached (two dwelling units having a common vertical party wall).