WHAT DOES THAT MEAN

WHAT DOES THAT MEAN?

Section 1401 Definitions

Interpretation of Terms or Words: Words in these regulations are used in their ordinary English usage. Certain terms or words used herein shall be interpreted and defined as follows and where ever used in these regulations
shall have the meaning indicated in this section.

The word Ashall@ is to be interpreted as mandatory and shall be complied with unless modified; Amay@ is to be interpreted as having permission or being allowed to carry out a provision; Ashould@ is to be interpreted as expressing that the application of said criterion or standard is desired and essential unless commensurate criteria or standards are achieved.

All words used in the singular shall include the plural, and all words used in the present tense shall include the future
tense, unless the context clearly indicates the contrary.

Addition/Mergers: The addition of land to an existing parcel of record from an adjoining parcel or the combining of two (2) or more existing parcels of land to increase the lot area.

Agent: Any person, authorized by another to act for him or her.

Agricultural land management activities: The cultivation of plant crops or the raising of livestock, including but not limited to forage, grain and field corps, pasturage, dairy and dairy products; poultry and poultry products; equestrian uses; livestock and fowl uses and livestock and fowl products; bees and apiary products; fruits and vegetables of all kinds; nursery, floral and greenhouse products; aquaculture; a winery, micro brewery or grain mill; and the primary processing and storage of any agricultural product.

Agricultural Purpose The art or science of cultivating the ground and the production of plants and animals useful to man or beast and including gardening or horticulture, fruit growing storage and marketing.

Alley A public highway which is a narrow passage or way, usually smaller than a street, and which is not designed for general travel but is used primarily as a means of access to the rear of residences and business establishments and which generally affords only a secondary means of access to the property abutting along its length.

Applicant Any person who submits to the Planning Commission Subdivision or

Land Development Unit plats for the purpose of obtaining approval thereof.

Application, formal: An application is formal at such time as the Planning Commission is assured that all plats, plans, and attendant documents are in proper form, content and number required in accordance with these regulations. Such application shall be considered a formal application unless the applicant is advised in writing within seven (7) days of any submission that such documents are not in proper form, content, or number.

Areas, gross. All area within a Subdivision or Land Development Unit plat, including those areas intended for residential, commercial or industrial use. Gross area shall also include steep slopes, streets and alleys, off-street parking spaces and recreational sites. Areas reserved for county schools and/or parks, highways, wetlands and flood plain areas not qualified as subdivision recreational sites shall be excluded from the gross area calculation.

Block A piece or parcel of land entirely surrounded by streets or highways, railroad rights-of-way, parks, streams or other bodies of water, steep slopes, cemeteries and corporate boundary lines of a city, or a combination thereof.

Bond. A written instrument with a clause binding a sub-divider or developer to pay a certain penalty (or a portion thereof) to the County Commission; conditioned, however, with a statement that the payment of the penalty or portion thereof may be avoided upon satisfactory construction and completion of improvements required within a Subdivision or Land Development Unit. A bond is secured by a surety, by cash in escrow, or by other means satisfactory to the Planning Commission.

Building: A structure which is designated and suitable for the habitation or shelter of human beings or animals, or the shelter or storage of property, or for the use and occupation for some purpose of trade or manufacture.

Building Restriction Line: A line within a property defining the required minimum distance between any structure and the adjacent street or right-of-way.

Building Size:     That portion of the lot or parcel of land upon which a building and appurtenances are to be placed, or
            are already existing, including adequate areas for sewage disposal, clearance, proper drainage and appropriate
             easements.

Campground: Any area, place, parcel or tract of land on which three (3) or more campsites or spaces are occupied or intended for occupancy by camping units for temporary periods, but not for permanent residential use. A campground shall include, but not be limited to, any travel trailer camp, recreational camp, church camp or family campground. A campground is so defined whether or not campsite and facilities are granted free of charge, by rental fee, or by lease.

Camping unit: Any device or vehicular-type structure used for the purpose of temporary living or shelter during periods of recreation, vacation, leisure time or travel. A camping unit shall include a tent, tent-trailer, travel trailer, pick-up camper, motor home or a recreational vehicle or mobile home.

Campsite: A designated site or plat of ground within a campground that is used or intended for occupation by a camping unit.

Certification of Compliance: See NPDES Permit.

Clearing: The cutting and removing of vegetation or trees with chain saws or other mechanical means.

Clear Sight Triangle: An area of unobstructed vision at street intersections defined by lines of sight between
points at a given distance from the intersection of the center lines of streets.

Clerk of the County Commission: The Clerk of the County Commission of

Berkeley County, West Virginia.

Commercial Development: Any wholesale, retail, or service business, or housing rental activity (excluding single-family housing) established to carry on a trade for profit. In addition, multi-family housing, whether for sale, lease or rent is considered to be commercial development.

Commission: The Berkeley County Planning Commission (Berkeley County, West Virginia)

Common area: Property held in common by an association of property owners within a development or held in corporate ownership for the benefit of each owner within a development. Such property is privately held and not intended for public use.

Comprehensive Plan: The plan for the development of the area within the jurisdiction of the Berkeley County Planning Commission, adopted by the Planning Commission and the County Commission, including amendments thereto.

Community Facilities: Existing, planned and proposed parks, playgrounds, schools and other public lands and buildings of the County or land or improvements intended for ownership and use in common by members of the homeowners association of a given residential subdivision development.

Community Water System: A water supply or system that supplies or offers to supply water for human consumption and serves at least fifteen (15) service connections or at least twenty-five (25) residents which requires approval by the West Virginia Bureau of Health; Environmental Engineering Division.

Conditional Approval: The approval of a plat for a subdivision in which the improvements have not been completed and surety has been provided. This is the approval under Chapter 8, Article 24, Section 34, Code of West Virginia, 1931, as amended.

Conservation Easement: As defined by West Virginia Code Section 3, Article 12, Chapter 20, a conservation easement is a nonpossessory interest of a holder in real property, whether appurtenant or in gross, imposing limitations or affirmative obligations for purposes which may include, but are not limited to, retaining or protecting the natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational, or open space use; or protecting its natural resources or wildlife. In addition, the conservation easement must be held or co-held by at least one Aholder@ as defined in West Virginia Code Section 3, Article 12, Chapter 20 and must be perpetual in duration.

Construction Bond: See Bond

County: Berkeley County, West Virginia.

County Commission: The County Commission of Berkeley County, West Virginia.

County Engineer: The engineer carrying out the duties and responsibilities under the Berkeley County Subdivision Regulations, including the County Engineer, engineering staff of the County Engineer, or engineering staff of the Planning Commission.

Covenant: An agreement, restriction, or condition placed on a parcel of land which remains attached to the land and which entitles successive land owners to its benefits and/or obligations.

Crosswalk, Path, or Walkway: An easement which cuts across a block to facilitate access to adjacent streets and properties by persons.

Dedication: The deliberate setting aside and appropriation of land by its owner for any general or public uses, reserving to himself no other rights than such that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Department of Health: State of West Virginia State Department of Health and Human Resources.

Developer: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity or agent thereof proceedings under this Ordinance to effect a Subdivision or Land Development Unit for himself or another. The term Developer is intended to include the term sub-divider.

District: The Eastern Panhandle Conservation District.

Drainage Facility: Any ditch, gutter, pipe, culvert, storm water management facility, storm sewer or other structure designed, intended, or constructed for the purpose of diverting diffused waters from or carrying surface waters off streets, public rights-of-way, parks, lots, recreational areas, or any part of any Subdivision or Land Development Unit or contiguous land areas.

Drainage Plan: A plan showing all present and existing diffused surface and subsurface drainage conditions as
described by grades, contours and topography with proposed methods and facilities to collect control and convey
said drainage.

Driveway: A minor vehicular right-of-way providing access between a street and parking area or garage within a lot or
property.

Duplex: A residential structure which has the form and function of two townhouses with one shared, above-ground common wall.

Easement, Rights-of-way or Restrictive: A right and privilege a person has to use the lands of another for a specific purpose and is distinct and separate from the ownership of the soil itself. The definition includes both affirmative and negative type easements.

Erosion: The wearing away of surface materials by the action of natural elements.

Excavating: Large-scale grading accomplished usually with heavy machinery.

Flood plain: That area which would be inundated by storm water run-off equivalent to that which would occur from a rainfall of one hundred year (100) frequency as determined by a flood insurance rate map or by engineering practices.

Factory Built Home Rental Community. A parcel of land under single or common ownership, upon which two or more factory-built homes are located on a continual, Non-recreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the factory-built homes, but does not include premises used solely for storage or display of uninhabited factory-built homes, or premises occupied solely by a landowner and members of his family.

Factory Built Home Stand. That part of a factory built home which has been reserved for the placement of the factory built home, appurtenant structures or additions.

Grading: On-site work which can include but is not limited to changing the contour of the land, excavating, or the removal of destruction of topsoil, trees or other vegetative cover.

Group home: See group residential facility.

Group Residential facility: A facility that is owned or leased by a behavioral health service provider for individuals who are developmentally disabled or behaviorally disabled and is licensed by the Department of Health or the Division of Human Services.

Guest Residence: A single-family residence in addition to the primary residence under common ownership with the primary residence. Such guest residence may be occupied or rented as desired by the owner, but may not be sold separately from the primary residence.

Holder: As defined by West Virginia Code Section 3, Article 12, Chapter 20, a holder is (1) a governmental body empowered to hold an interest in real estate; or (2) a charitable corporation, association or trust exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, the purposes or powers of which include protecting the natural, scenic, agricultural or open space values of real property; assuring its availability for agricultural, forest, recreational or open space use, or protecting its natural resources or wildlife.

Improvements:Any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.

Incorporated Areas: Areas within Berkeley County that are governed by municipal corporations under Chapter 8 of the West Virginia Code.

Industrial Development: Any manufacturing process, material processing, warehousing, research and testing laboratories, product distribution centers, woodworking shops, furniture assembly, machine shops, recycling centers and uses of a similar nature.

Karst: A type of topography formed over limestone, dolomite, or gypsum resulting in dissolving or solution of the underlying calcareous rock.

Land Development Unit. See Section 203.3, Land Development Unit, of this Ordinance.

Location Map: A drawing at a reduced scale which shows legibly, by dimension and/or other means, enough area beyond the bounds of the proposed subdivision or land development to locate and orient the Subdivision or Land Development in Berkeley County and the relationship of the site to the community facilities which serve or influence the property, as required in this Ordinance.

Lot: A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or lease and/or for building development. (See Section 203.1 (a & b)

Lot Area: The areas of a horizontal plane bounded by the front, side and rear lot lines, excluding any within a street right-of-way, future street right-of-way and flood plains, but including the area of any easement.

Lot, Corner: A lot at the junction of streets abutting on two (2) or more of these intersecting streets. The interior
angle at the intersection must be less than 135 degrees to be designated a corner lot.

Lot Depth: The mean horizontal distance from the front street lot line to the rear lot line.

Lot, Double Frontage: A lot whose front and rear property lines abut on streets.

Lot Line: A line dividing one lot from another or from a street or other public place.

Lot Width: The horizontal distance between the side lines of a lot measured at he building line.

Metes and Bounds:The boundary lines and marks of a piece of land.

Major Subdivision: The division of a lot, tract, or parcel of land or part thereof into four (4) or more lots, tracts, or parcels of land for the purpose of lease, sale, transfer of ownership, or development simultaneously or at separate times, whether immediate or future, in such a manner as to require provision for a new street or relocated street to provide access to one or more of the lots, tracts, or parcels so created. To determine if a proposed subdivision qualifies as a major subdivision, the following criteria shall apply:

(a) The total number of lots, tracts or parcels (including the residue) created and recorded in the Office of the Clerk of the Commission of Berkeley County on or after January 21, 1975, which were processed in the Planning Department as a minor subdivision shall be calculated, AND

(b) The total number of lots, tracts or parcels (including the residue) created and recorded in the Office of the Clerk of the Commission of Berkeley County on or after January 21, 1975, which were processed in the Planning Department as an agricultural exemption transfer (agricultural hardship transfer), a family exemption transfer (family transfer), or any other legal subdivision or transfer technique shall be calculated.

(c) Using the criteria in (a) above, if the total number of existing and proposed lots, parcels or tracts (including the residue) is four (4) or greater, OR

(d) Using the criteria in (a) and (b) above, if the total number of existing and proposed lots, parcels or tracts (including the residue) is more than seven (7), then the proposed subdivision qualifies as a major subdivision.

Manufactured Home: Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is 8 body feet (2438 body mm) or more in width or 40 body feet (14,192 body mm) or more in length, or, when erected on site, is 320 or more square feet (30 sq m), and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NfiPA 501, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered a manufactured home.

Minor Subdivision: The division or re-division of a single lot, tract, or parcel of land into a maximum of three (3) lots, tracts, or parcels of land (including the residue) for the purpose of lease, sale, transfer of ownership, or development simultaneously or at separate times, whether immediate or future, providing the proposed lots, tracts, or parcels of land thereby created have the required frontage on an improved public street or streets, and providing further that there is not created by the subdivision any new street or streets, the need for required improvements, easement of access or the need therefore. To determine if a proposed subdivision qualifies as a minor subdivision, the following criteria shall apply:

(c) Using the criteria in (a) above, if the total number of existing and proposed lots, parcels or tracts (including the residue) is three (3) or less, OR

(d) Using the criteria in (a) and (b) above, if the total number of existing and proposed lots, parcels or tracts (including the residue) is seven (7) or less, then the proposed subdivision qualifies as a minor subdivision.

(e) Note: The maximum number of lots tracts or parcels (including the residue) which can be created using the minor subdivision provision is three (3). The maximum number of lots, tracts or parcels which can be created using the minor subdivision provisions and any applicable subdivision or transfer provision is seven (7), including the residual parcel.

Modification: A change in form, power, duties, purposes or objectives without changing the identity or mode of creation of the Ordinance.

Monument: A stone or concrete marker placed in the ground for the purpose of delineating the survey of a subdivision.

Multi-Family Residence (Residential): Residential structures that are intended for multiple occupants and, except for multiple-family homes, do not have the appearance of single-family residences. Multi-family residences may include, but are not limited to, apartment buildings, condominiums and multi-family homes, but exclude townhomes and villas. Multi-family residences are regulated as Commercial Development.

Multi-Family Home: A residential structure exceeding 12,000 square feet that has the appearance of a single-family home, but is intended or has the capability of housing multiple families or occupants. Multi-family homes are regulated as Commercial Development.

NPDES Permit: The National Pollutant Discharge Elimination System Permit, part of the Federal Clean Water Act, 33 U.S.C. ' 1251, et seq. and West Virginia Code Chapter 22, Articles 11 and 12. This permit is normally administered by the state environmental agency, in this case, the West Virginia Division of Environmental Protection and is required when land disturbance from grading, excavating or construction exceeds the acreage specified under state law. In order to comply with federal and state regulations, a Certification of Compliance must be attached to the NPDES application by the developer. This Certification of Compliance must document compliance with all local zoning and subdivision ordinances, in this case, the Berkeley County Subdivision Regulations.

Open Space. Property left undeveloped in order to preserve natural features or scenic qualities. Such property may be held privately as common area accruing to the benefit of the property owner(s); or may be held by the County or agency of the County for public use. Property subject to a conservation easement held by the Berkeley County Farmland Protection Board shall be considered privately-held open space unless a fee simple interest in the property has been acquired or donated to such Board.

Owner: Any individual, firm, association, syndicate, partnership, corporation, trust, or other legal entity having sufficient proprietary interest in the land sought to be subdivided or developed to commence and to maintain proceedings to subdivide or develop the same under these regulations.

Panhandle lots. A lot set behind a row of lots along a roadway with access to the roadway via a thin access strip which is included as part of the lot, giving the lot the appearance of a Apan@ or Aflag and staff@.

Person: Any individual, firm, association, syndicate, partnership, corporation, trust, or other legal entity recognized by law as subject to rights and duties set forth in the Berkeley County Subdivision Regulations.

Planning Commission: The Berkeley County, West Virginia, Planning Commission and referred to herein as the Berkeley County Planning Commission.

Plat. The map, drawing, or chart on which the developers plan or layout of a Subdivision or Land Development Unit is shown, indicating the location and boundaries of individual properties and which is submitted to the Planning Commission for approval.

Plat, Final: The final map, drawing, or chart, and supplementary information, based upon the approved Preliminary Plat, in which the developer=s plan is submitted to the Planning Commission for approval and which, if approved, shall be recorded in the Office of the Clerk of the County Commission in accordance with Chapter 39, Article 1, Section 13, Code of West Virginia, 1931, as amended.

Plat, Preliminary: The preliminary map, drawing, or chart and supplementary information and materials, on which the layout and design of a proposed Subdivision or Land Development Unit is shown and which is submitted to the Planning Commission for consideration and approval.

Plat, Sketch: An informal map, drawing, or chart indicating existing features of a parcel or tract of land and its surroundings and the general layout of the proposed Subdivision or Land Development Unit for discussion purposes only and not to be presented for final or binding approval.

Residential structure(s): A structure used or intended to be used as a dwelling for human habitation. Such structure shall provide complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. See also the following term in this ordinance: a factory built home, a multi-family residence, a multi-family home, a group home, a group residential facility, a single family residence, a primary residence, a guest home, an apartment building and a townhouse or villa.

Setback Line: The distance between a building and the street line nearest to the building.

Sewage Facility: Any sewer, sewage system, sewage treatment works or part thereof, designed, intended, or constructed for the collection, treatment, or disposal of liquid waste including industrial waste.

Single Family Residence: A residential dwelling unit that is designed for single family residential use and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit.

Sinkhole or sink: A depression in the land surface formed by solution or collapse which directs surface runoff into the subsurface or to an underground drainage flow. For the purpose of this Ordinance, the dimension of a sinkhole or sink shall include the last closed contour line as shown on the Preliminary Plat.

Street. A public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.

Street Classifications: See Appendix A of this Ordinance; a separate publication entitled AThe Manual of Street Standards, Berkeley County, West Virginia@.

Structure: Anything constructed, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, but not including fences, sidewalks, driveways, curbs, essential services, or accessory farm buildings.

Subdivide: To divide a tract of land into lots before developing or improving the tract.

Subdivider: See ADeveloper@.

Subdivision of Record: See Section 203.5 of this Ordinance.

Surety: See Bond.

Townhouse/Villas: Typically, single family residences constructed as separate units but having one or two shared, above-ground common walls. Townhouses do not have the appearance of single-family residences and are sold or leased individually. In addition, townhouses may be used for commercial purposes. For the purpose of this Ordinance, “villa” shall have the same meaning as “townhouse”. Townhouses are regulated under Article IX.

Variance: A deviation or adjustment of the provisions of the Berkeley County Subdivision Regulations by majority vote of the Planning Commission. Variances shall apply not only to the explicit provision of the Subdivision Regulations, such as lot size, dimensions, areas and setbacks and technical requirements such as roadway design, drainage, storm water management, grading and parking facilities; but also plans, guidelines and recommendations from regulatory and advisory agencies in Section 403.2(c). Developers must submit a complete explanation for the variance request in writing to the Planning Commission. All variance requests must be advertised and a public hearing held prior to consideration by the Planning Commission. For a variance to be approved, the Planning Commission must find that the request meets the criteria set forth in Section 301.3.

Waiver: The negation of compliance with part or all of a provision or provisions of the Berkeley County Subdivision Regulations by a majority vote of the Planning Commission. Developers must submit a complete explanation for the waiver request in writing to the Planning Commission. All waiver requests must be advertised and a public hearing held prior to consideration by the Planning Commission.