§ 91-5. Definitions.

For the purpose of this chapter, certain words and terms shall be interpreted as follows:

Affordable housing. A housing product designed in a manner that it may reasonably be acquired by individuals earning 75 percent or less of the median household income as reported by the Virginia Employment Commission or University of Virginia Center for Public Service or similar federal or state data reporting agency.

Agent. The county director of planning or his or her designee.

Arborist. Any individual trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of native and ornamental trees. This definition shall also incorporate the term urban forester.

Architect. Any individual licensed by the Commonwealth of Virginia to practice architecture.

Architect, landscape. An individual certified by the Commonwealth of Virginia to practice landscape architecture.

Average daily traffic (ADT). The average number of vehicles per day which pass over a given point on a roadway.

Best management practice (BMP). A practice, or combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practicable means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with water quality goals.

Block. Land containing lots which are bounded by streets or a combination of streets and public lands, railroads, rights-of-way, shorelines, or boundaries of the county.

Board. The Board of Supervisors of New Kent County, Virginia.

Boulevard. A street that includes a landscaped median dividing the street longitudinally so that the effect is to create a pair of one-way streets that operate in opposite directions.

Buffer. An area, fencing, landscaping, or a combination thereof used to shield or block noise, lights, glare, pollutants, or other potential or actual nuisances. When located within a Chesapeake Bay Preservation Area, buffer shall mean an area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land or other disturbances.

Buildable lot. A lot which, after excluding required setback, open space, environmentally protected and landscaped areas, has sufficient contiguous space remaining in an arrangement that will permit construction of a building that meets the zoning and building code requirements applicable to the property and the building use group and which can be accessed without excessive or exceptional disturbance of protected environmental features.

Caliper. The diameter of a tree trunk measured six inches above ground level for nursery stock and 4½ feet above ground level for naturally occurring trees.

Central water system. A water system in which all connections in the subdivision are served by one or more water sources through a common distribution system owned and operated by the county or other governmental entity, including all structures, hydrants, property, equipment and appurtenances used in the collection, storage, and distribution of water.

Certificate of occupancy. A document issued by the county permitting the occupancy or use of a building.

Channel. The bed and banks of a watercourse which convey the constant or intermittent flow of that watercourse.

Chesapeake Bay Preservation Area. Any land designated by the board as a resource management area (RPA) and/or a resource protection area (RPA).

Clear-cut. The removal of all merchantable timber from a site.

Commission. The New Kent County Planning Commission.

Comprehensive plan. The New Kent County Comprehensive Plan (2012, as amended).

Condominium. A building, or group of buildings, in which units are owned individually and the structure, common areas and common facilities are owned by all the owners on a proportional, undivided basis and which has been created by the recordation of condominium instruments pursuant to the provisions of Section 55-79.49, Code of Virginia.

Condominium association. The community association which administers and maintains the common property and common elements of a condominium. Title to the common property is held on a proportional, undivided basis by the condominium owners.

County administrator. The County Administrator of New Kent County, Virginia as appointed by the board.

County attorney. The County Attorney of New Kent County, Virginia as appointed by the board.

County planning director. The Director of Planning for New Kent County, Virginia as appointed by the County Administrator.

Cul-de-sac. A minor street with only one outlet and having a circular turnaround at the opposite end for the safe and convenient reversal of traffic movement.

Declaration. Any instrument, however denominated, recorded among the land records of the county or city in which the development or any part thereof is located, that either (i) imposes on the association maintenance or operational responsibilities for the common area or (ii) creates the authority in the association to impose on lots, or on the owners or occupants of such lots, or on any other entity any mandatory payment of money in connection with the provision of maintenance and/or services for the benefit of some or all of the lots, the owners or occupants of the lots, or the common area. "Declaration" includes any amendment or supplement to the instruments described in this definition. "Declaration" shall not include a declaration of a condominium, real estate cooperative, time-share project or campground.

Design hour. The worst-case traffic situation on a given street or within a roadway network or system expected to occur within a one-hour period during a weekday in the design year.

Design year. The year in which the project is anticipated to be completely constructed and occupied, or 20 years from initial development, whichever shall be later.

Detention basin. A stormwater management facility which temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff only temporarily, it is normally dry during non-rainfall periods. Also referred to as a "dry pond".

Development. The construction or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures.

Drainage. The removal of surface water or groundwater from land by drains, ditches, piping, grading, or other means.

Drainage facility. Any component of the drainage system.

Drainage structure. Any manmade component of the drainage system.

Drainage system. The system through which water flows from the land including all drainage structures, drainage facilities, watercourses, water bodies and wetlands.

Duplex. A dwelling unit for single-family occupancy attached to one other single family dwelling unit by a common vertical fire-resistant wall with each dwelling unit located on a separate lot.

Easement. A grant by one property owner to another, recorded with the clerk of the circuit court, of the right to use the described land for specific purposes.

Engineer. An individual licensed by the Commonwealth of Virginia to engage in the practice of engineering.

Environmental constraints. Features, natural resources, or land characteristics that are sensitive to development activities and/or installation of improvements and may require conservation measures and/or the application of creative development techniques to prevent degradation of the environment. In some instances, environmental constraints may limit or preclude development.

Erosion. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity.

Fire chief. The New Kent County Fire Chief who also serves as the Director of the New Kent County Department of Fire, Rescue and Emergency Management.

Fire department. The New Kent County Department of Fire, Rescue and Emergency Management.

Floodplain. All lands likely to be inundated by a flood.

Health department. The Commonwealth of Virginia Department of Health, the Hanover Regional Health District or an authorized official thereof.

Highly erodible soils. Soils (excluding vegetation) within an erodability index (EI) from sheet and rill erosion equal to or greater than eight. The erodability index for any soil is defined as the product of the formula RKLS/T, as defined by the "Food Security Act (F.S.A) Manual" of August, 1988 in the "Field Office Technical Guide" of the U. S. Department of Agriculture Soil Conservation Service (now USDA Natural Resources Conservation Service) as it may from time to time be amended, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.

Highly permeable soils. Soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches, including permeability groups "rapid" and "very rapid," as found in the "National Soils Handbook" of July 1983 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Soil Conservation Service (now USDA Natural Resources Conservation Service) as it may from time to time be amended.

Highway capacity manual. Transportation Research Board, National Academy of Sciences "Highway Capacity Manual" HCM 2000 (2000, as amended).

Highway/roadway capacity. The maximum number of vehicles that can be expected to travel over a given section of roadway or a specific lane during a given time period under prevailing roadway conditions and prevailing traffic patterns and conditions.

Impervious surface. A surface that has been compacted or covered with a layer or layers of material so that it is highly resistant to infiltration of water into the soil. Impervious surfaces include, but are not limited to: roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

Improvements. All public and quasi-public utilities and facilities including streets, sanitary sewers, waterlines, stormwater management and erosion control facilities, monuments, signs, sidewalks, streetlights, and all other similar features required by this chapter or by the zoning ordinance.

Landscaping. The improvement of a lot or parcel with grass, ground covers, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include earthforms, pedestrian walks, flower beds, ornamental objects such as trellises, fountains or statues, and other natural features.

Land surveyor or surveyor. An individual certified and licensed by the Commonwealth of Virginia to engage in the practice of land surveying.

Level of service (LOS). A set of criteria which describes the degree to which an intersection, roadway, lane configuration, weaving section or ramp serves peak period and/or daily traffic.

Lot. A unit, division, or piece of land; generally created as a result of subdivision of property. The term is synonymous with plot, parcel, premises, and site.

Lot, corner. A lot abutting two or more streets at their intersection.

Lot, flag. A lot which does not abut a public street other than by its driveway or other strip of land not meeting the required minimum frontage standards.

Lot, infill. A vacant lot for new development which is located within a built-up area.

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

Lot, through. An interior lot abutting two or more streets which do not intersect at the boundaries of the lot.

Lot frontage. The distance along a street between one side lot line to another.

Lot of record. Any lot created by the recordation of a plat in the office of the clerk of the circuit court, provided that:

(1)

Such lot and plat complied fully with all regulations in the subdivision ordinance and zoning ordinance in effect at the time of such recordation; or

(2)

Such lot and/or plat was not in conformance with the regulations contained in the subdivision ordinance or zoning ordinance at the time of said recordation, but has become conforming by subsequent amendment of said regulations.

Major roads. Interstate 64, US Route 60, and Virginia Routes 30, 33, 155 and 249.

Monument or survey monument. A permanent structure or edifice used or installed to mark the position of a survey station, lot corner, right-of-way boundary, or other point on the face of the earth.

Multiplex. A dwelling unit for single-family occupancy consisting of a combination (back-to-back, side-to-side, or back-to-side) of at least three and not more than six such units with each unit having at least two exterior exposures, each unit separated from any other by common fire-resistant walls, and each unit located on a separate lot.

Open space. An area intended to provide light and air, and designed, depending on the situation, for environmental, scenic, and/or recreational purposes. The computation of open space shall not include driveways, parking lots, or other surfaces designed or intended for motorized vehicular traffic.

Open space, common. Open space within or related to a development, not a part of individually owned lots or dedicated for general public use, but designed and intended for the common ownership, enjoyment and use of the residents of the development.

Parcel identification number. A number or series of numbers assigned by the county which uniquely identifies each parcel of land in the county.

Peak period (also peak hour). The period or hour in which the heaviest traffic volume occurs on a roadway or within a network.

Planting area. The area within which vegetation is installed which provides a sufficient bed to maintain and ensure the survival of trees and other vegetation.

Plat. A plan or map of a tract or parcel of land, meeting the requirements of this chapter, which is to be or has been subdivided. As a verb, the term is synonymous with subdivide.

Plat, record. A plat prepared and approved in accordance with this chapter which meets the Standards for Recorded Instruments of the Virginia State Library Board and which has been or is intended to be submitted to the clerk of the circuit court for recordation.

Preliminary plan. A map or plan indicating the proposed layout of a development together with related information that is submitted to the county for preliminary approval.

Property, subdividable. A unit or units of land of such size and dimensions that it may be subdivided into two or more lots.

Property owners association. As defined in section 55-509, Code of Virginia, a property owners association means an incorporated or unincorporated entity upon which responsibilities are imposed and to which authority is granted in the declaration.

Public sewer and/or water. A sewer or water system owned and operated by a municipality, county, service authority, or sanitary district.

Reserve strip. A narrow piece of land adjacent to a public right-of-way, the purpose of which is to prevent access to said public right-of-way. This term does not include the reservation of property solely for future widening of the road right-of-way.

Resource management area. As defined in 9 VAC10-20-40, that component of the Chesapeake Bay Preservation Area that is not classified as the

Resource protection area. As defined in 9 VAC10-20-40, that component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Retention basin. As defined in 4 VAC3-20-10, a stormwater management facility which includes a permanent impoundment, or normal pool of water, for the purpose of enhancing water quality and, therefore, is normally wet, even during non-rainfall periods. Storm runoff inflows may be temporarily stored above this permanent impoundment for the purpose of reducing flooding, or stream channel erosion. Also referred to as a "wet pond."

Right-of-way. The total width of land dedicated or reserved for public or restricted travel, including pavement, ditches, curbing, gutters, sidewalks, shoulders, and sufficient land for the maintenance thereof. The area within a right-of-way is deemed to be separate and not part of any lot or parcel.

Roadway geometrics. The alignment, curvature, horizontal and vertical grade, shoulder and drainage structure configuration, and other similar details relating to a roadway or segment thereof.

Sanitary sewer. Pipe conduits used to collect and carry away domestic or commercial/industrial sewage from the generating source to treatment plants. Storm, surface and ground waters are not intentionally admitted into sanitary sewers.

Scenic byway. A road designated as such by the comprehensive plan or department of transportation, including all or portions of Virginia Routes 249, 606, 608, 609, and any other roadways or segments as may be so designated from time to time by the commonwealth transportation board.

Sedimentation. A deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.

Septic system. An underground system with a septic tank and one or more drain lines depending on volume and soil conditions which is used for the decomposition of domestic wastes.

Setback. The required minimum distance from any street right-of-way, lot line, or other designated line which establishes the area within which buildings or structures may be erected.

Setback line. A line or lines showing the required minimum front, rear, and side setback distances as established in the zoning ordinance.

Shopping center. A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, a unified aesthetic appearance, landscaping and signage in accordance with an approved plan of development and which may include, but is not required to, one or more "out parcels" under separate ownership or lease and containing complementary commercial enterprises.

Shrub. A relatively low-growing woody plant typified by having several permanent stems instead of a single trunk. For purposes of this chapter, shrubs shall be further defined as follows:

(1)

Deciduous shrub. Any shrub which sheds its foliage during a particular season.

(2)

Evergreen shrub. Any shrub which retains its foliage throughout the entire year.

Sight triangle. A triangular-shaped portion of land established at street intersections and entrances onto streets in which nothing is permitted to be erected, placed, planted or allowed to grow in a manner that limits or obstructs the sight distance of motorists, bicyclists or pedestrians traversing or using the intersection or entrance. (See figure in appendix).

Site 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 New Kent County Subdivision Ordinance or Zoning Ordinance.

Street. An existing or platted right-of-way dedicated for the use of the general public, or portions thereof, either accepted by the department of Transportation, or approved under the terms of the zoning ordinance as a private transportation system. A street provides vehicular and pedestrian access to property for all purposes of travel, transportation and/or parking to which it is adopted, devoted, or dedicated. The term is synonymous with road, lane, drive, avenue, highway, roadway, thoroughfare, or any other term of like or common meaning. For the purposes of this chapter, streets shall be further defined and classified as follows:

(1)

Access street. The lowest order of street, designed to serve low volumes of traffic at low operating speeds. As its primary function is to provide access to individual lots, access streets should carry only the volume of traffic generated on the street itself. Cul-de-sacs and other terminal streets are typical of this order of street.

(2)

Subcollector street. The second order of street, designed to carry moderate volumes of traffic, at the same low operating speeds as access streets. Such streets collect traffic from access streets as well as provide access to individual lots. Long cul-de-sacs and other terminal streets may be within this order of streets where their traffic volumes exceed the standards for access streets.

(3)

Collector street. The highest order of street generally permitted within a residential subdivision, designed to conduct and distribute traffic between streets of lower order and streets of higher order linking major activity centers. The class is further divided into "major collector" and "minor collector" based on traffic volumes.

(4)

Arterial street. Includes streets and roads which function within a regional network conveying traffic between major activity centers. The purpose of such streets and roadways is to carry relatively large volumes of traffic at higher speeds. Direct residential lot access is prohibited while commercial or industrial lot access is controlled and limited to high trip volume generators. Like collector streets, the arterial class is further divided into "major arterial" and "minor arterial" based on traffic volumes.

(5)

Highways and freeways. The highest order of roadway, designed exclusively for unrestricted movement of traffic. Access is only with selected arterials by means of interchanges. This category includes the Interstate system.

Subdivide/subdivision. The division of a lot, tract, or parcel of land into two or more lots, parcels, or other divisions of land for the purpose, whether immediate or future, of transfer of ownership.

Subdivider. An individual, corporation, partnership, or other entity owning any property to be subdivided.

Tidal shore. Land contiguous to a tidal body of water lying between the mean low water level and the mean high water level.

Townhouse. A type of multiplex for single-family occupancy constructed in a row of at least three and not more than six such units, with each having its own front and rear or side exterior access, each unit separated from any other by common fire-resistant walls, and each unit located on a separate lot.

Traffic, background. The number of trips existing or projected to exist on a roadway or roadway system without the proposed land use under study, i.e., traffic not directly or indirectly caused or attracted by the analyzed land use.

Transportation, department of. The Virginia Department of Transportation (VDOT).

Tree. A woody perennial plant generally with one main stem or trunk, but including multiple stemmed plants, which develops many branches, generally at some height above the ground. For the purposes of this chapter, trees shall be further defined as follows:

(1)

Deciduous tree. Shade or flowering/ornamental tree which sheds its foliage during a particular season.

(2)

Evergreen (or coniferous) tree. Any tree which retains its green foliage year round.

(3)

Heritage tree. Any tree which has been designated by ordinance of the board as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to Section 10.1-1127.1, Code of Virginia.

(4)

Mature tree. Any deciduous or coniferous tree with a minimum diameter (caliper) of 16 inches when measured 4½ feet above ground level.

(5)

Memorial tree. Any tree which has been designated by ordinance of the board to be a special commemorating memorial.

(6)

Significant tree. Any deciduous or coniferous tree with a minimum diameter (caliper) of 24 inches when measured 4½ feet above ground level.

(7)

Specimen tree. Any tree which has been designated by ordinance of the board to be notable by virtue of its outstanding size and quality for its particular species.

Tree cover. The area directly beneath the crown and within the drip line of a tree.

Tree crown. The aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves. Also referred to as "tree canopy."

Tributary stream. Any perennial or intermittent stream, including any lake, pond, or other body of water formed there from, that is so depicted on the most recent U. S. Geological Survey 7½-minute topographic quadrangle map (scale 1:24,000), or the USDA Natural Resources Conservation Service, Soil Survey of New Kent County, Virginia or as otherwise determined through field analysis and verification.

Trip. A single or one-way vehicle movement to or from a property, site, driveway or study area.

Trip assignment. The assignment of vehicle trip volumes (site-generated and background) to the roadway network around a development, and the assignment of site-generated volumes to individual and specific driveways/local streets within the development. The process entails analyzing all trips, both entering and exiting.

Trip ends. The total number of trips entering plus the total number of trips exiting a site over a designated period of time.

Trip generation. The number of trip ends caused, attracted, produced and otherwise generated by a specific land use, activity or development.

Trip generation manual. The Institute of Transportation Engineers' Trip Generation Manual, Seventh Edition, 2003 (ISBN No. 0-935403-79-5), as amended.

Water-dependent facility. A development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to ports, the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers, marinas and other boat docking structures, beaches and other public water-oriented recreation areas, and fisheries or other marine resource facilities.

Wetlands. Wetlands are divided into two classes:

(1)

Nontidal wetlands. Wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U. S. Environmental Protection Agency pursuant to section 404 of the Federal Clean Water Act, 33 C.F.R. 328.3b, dated November 13, 1986.

(2)

Tidal wetlands. Vegetated and nonvegetated wetlands as defined in section 28.2-1300, Code of Virginia.

Woodland. A tract of land dominated by trees but usually also containing woody shrubs, grasses, and other vegetation. For purposes of this chapter, the term woodland shall incorporate woods, woodland areas, wooded areas, forest, forested areas and any other terminology commonly recognized to have the same meaning.

Woodline. Line of demarcation separating woodland from non-woodland areas. For purposes of this chapter the woodline shall be defined as the line surrounding woodland including the leading edge of the drip line of the trees contained therein plus 15 feet.

Zoning administrator. The County Zoning Administrator, as appointed by the Board of Supervisors.

Zoning ordinance. The Zoning Ordinance of New Kent County, Virginia including all amendments thereto.

(Ord. No. O-03-05(R), 3-14-2005; Ord. No. O-02-18, 3-13-2018)

(Ord. No. O-03-05(R), 3-14-2005; Ord. No. O-02-18, 3-13-2018)