§ 1007. Definitions.
When used in this ordinance, certain words and terms will have the meaning herein defined. Words and terms not herein defined will have their customary definitions.
Administrator. The person charged by the city with the enforcement responsibilities for the ordinance as provided in section 1008. The term also includes anyone acting as agent for the planning manager, administrator of this ordinance.
Beginning. For the survey purposes, a well-defined, readily located, and permanent point or monument that is the starting point or reference for a metes and bounds description; also, the final point of such description.
Block. A parcel of land entirely surrounded by streets or highways, railroad rights-of-way, waterway, or a combination thereof.
Boundary line. For survey purposes, any line bounding an area or dividing separate properties; adequately dimensioned and described.
Buffer. Vegetative material and/or structures (i.e., berms, walls, fences) that are used to separate one type of use from another and which may or may not be within deeded lots and which may be naturally or artificially forested or may have grass or other herbaceous ground cover. [The term] "buffers" can further be defined as:
(1)
Land use;
(2)
Streamside; or
(3)
Lakeside.
In such cases as [subsections] (2) and (3) [of this definition] the buffer would serve as protection for water quality purposes.
Buffer strip. A definable area of land which will remain in a natural state and/or be planted in evergreen plantings. Plantings shall be placed not greater than five feet apart and shall be of a size that will allow a growth of eight feet within four years. No manmade structures will be placed or built within the buffer strip.
Building. A structure having a roof used for the shelter, housing, or enclosure of persons, animals, or goods.
Building line. Lines that are tangent to the exterior surface of buildings or structures, or the surfaces of cantilevered projections therefrom, parallel to front, side and rear lot lines, and referred to as front, side and rear building lines, respectively.
Building permit. A document or certificate authorizing construction, enlargement, alteration, moving of, or demolition of a building or structure.
Certificate of occupancy. A certificate of approval for occupancy issued after final inspection of a building. Such a certificate must be obtained before a building can be lawfully occupied.
City. The City of Tega Cay, South Carolina, incorporated April 19, 1982, and such areas which may be added to the initial incorporated area.
Common open space. A parcel or parcels of land or an area of water or a combination of both land and water within the site designated, designed and intended for the use and enjoyment of residents of the development or for the general public, not including streets or off-street parking areas. Common open space shall be substantially free of structures but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents of the development.
Common space. An area of land which is to be owned in common by the dwelling owner[s] and shall be comprised of the entire project area, for which a traditional legal description can be used, but which should be given a distinctive designation.
Comprehensive plan. Any legally adopted part or element of the comprehensive plan of the city and its environs. This plan may include, but is not limited to the zoning ordinance, subdivision ordinance, community facilities plan, capital improvement plan and land use plan.
Coordinate description. For survey purposes, a description of lands in which the angle points or other points in the boundary are referred to grid coordinates on the state or similar coordinate systems.
County. York County, South Carolina (unincorporated area).
Crosswalk. A right-of-way (within a block) ten feet or more in width, dedicated for public use, and intended for pedestrian access to adjacent land areas.
Cul-de-sac. A residential street, usually short, with one end open to traffic and the other end terminated with a planned vehicular turnaround or backaround.
Dedication. A gift by the owner, or a right to use the land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication shall be made by written instrument and completed by acceptance.
Density. The number of dwelling units or lots per acre of land developed or used for residential purposes.
Description by lot number. For survey purposes, a description which identifies a lot or tract of land by reference to a recorded plat and by book and page number together with other pertinent information.
Developer. An individual, partnership or corporation (or agent thereof) that undertakes the activities covered by these regulations.
Dwelling. A house, apartment, or building designed or used primarily for human habitation, but not including boardinghouses or roominghouses, hotels, motels, tourist homes or other structures for transient residents.
(1)
Dwelling (one-family or single-family). A detached dwelling or an attached structure where each unit extends from the foundation to the roof, designed for or occupied exclusively by one family.
(2)
Dwelling (two-family or duplex). A building containing two dwelling units that are connected by a common structural or load-bearing wall of at least ten linear feet and designed for occupancy by not more than two families.
(3)
Dwelling (group). A group of two or more principal structures built on a single lot, parcel or tract of land and designed for occupancy by separate families.
(4)
Dwelling (multiple). A building or series of buildings on the same lot containing three or more dwelling units in which each unit does not extend from the foundation to the roof.
Dwelling unit (DU). An enclosure of one or more rooms and separate bathrooms, sleeping and kitchen facilities designed and constructed as a unit for permanent residential occupancy by one family. When one dwelling unit is built above another dwelling unit it shall be considered two dwelling units.
Easement. A grant of one or more of the property rights by the property owner of a portion of land for a specified purpose and use by the public, a corporation, or other entities.
Engineer. The terms "practice of engineering," "engineering services," "work performed by an engineer," or any similar term within the intent of this ordinance, requiring the services of a professional engineer, shall mean any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with specifications and design in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects. The "city engineer" is any agent of the city engaged to perform for the city the same functions as the county engineer performs for the county. All "engineering" work required under these regulations must be certified by a professional engineer registered in the state.
Flood. A general and temporary condition of partial or complete water coverage of normally dry land area because of the accumulation or runoff of surface waters from any source.
Floodplain. A land area adjoining a river, stream or watercourse which is likely to be flooded. The floodplain for the major streams in the county is duly designated on officially adopted county floodplain maps, which are available from the office of the county manager.
Governing authority. The Tega Cay City Council.
Grid coordinates. For survey purposes, distances measured at right angles to each other in a rectangular system having two base lines at right angles to each other.
Improvements, public. Any of the following, with any appurtenant construction and grading; street and parking areas pavement, sidewalks, sanitary sewers, storm drains, water mains, street trees, street signs, and street lighting fixtures.
Landscape plan. A scaled drawing showing the location and installation of plant materials, such as trees, shrubs, ground cover, and grass used in spaces void of any impervious material or building structure and areas to be left in their natural state.
Lot. A parcel of land or any combination of several lots of record having frontage on a private driveway or on a street, occupied or intended to be occupied by a principal building or a building group as permitted herein, together with their accessory buildings or uses, and such access, yards and other open spaces required under this ordinance.
Metes and bounds description. For survey purposes, a description in which the boundary lines starting from a given point are described by listing the direction, distance, and description of corners, of the lines forming this boundary in succession and adjoining owners.
Natural undisturbed open space (NUOS). Is an area of land or water or both varying in length and width which shall be left in a natural undisturbed condition.
Open space site. A tract of land provided in residential subdivisions to meet the local recreational needs and desires of residents. Such tracts may include play areas, small parks, natural woods and areas of unusual scenic beauty.
Owner's engineer. The engineer registered and in good standing with the state board of registration for professional engineers and land surveyors who is the agent of the owner of land which is proposed to be subdivided, or which is in the process of being subdivided.
Owner's land surveyor. The land surveyor registered and in good standing with the state board of registration for professional engineers and land surveyors who is the agent of the owner of land proposed to be subdivided, or which is in the process of being subdivided.
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 will be on any street and so that an automobile may be parked or unparked therein without moving any other automobiles. Minimum space for parking a vehicle (automobile) should be 300 square feet. Providing a garage or carport will be considered the equivalent of off-street parking.
Parks. Lots of parcels of land devoted to recreational pursuit, both active and passive. Facilities can range from open landscaped areas to tot lots, playgrounds, neighborhood parks, and playfields.
Pedestrian trail. Area of land which is developed for the purposes of a) providing public recreation; and b) providing pedestrian connectivity throughout the city, to include both residential and commercial districts. Pedestrian trails are to be located in natural areas. A walking trail shall be deemed a pedestrian trail. Note: Natural trails are not prohibited, but are not considered suitable to meet the requirements of the Subdivision Land Development Code. However, design standards for natural trails must meet city approval.
Planning commission. The planning commission of Tega Cay, South Carolina.
Plat. A map or drawing which is an accurate graphical representation of a subdivider's plan for a subdivision.
(1)
Sketch plan. A simple sketch of a proposed subdivision layout, showing streets and other principal features.
(2)
Preliminary plat. A drawing which shows the proposed layout of a subdivision in sufficient detail to indicate its workability in all aspects.
(3)
Survey plat. A plat within the purpose and intent of this ordinance which is an accurate graphical representation, neatly lettered and property dimensioned, showing metes and bounds of all exterior land property, including pertinent and important data and information pertaining thereto.
(4)
Final plat. An as-built plat of a tract of land which meets the requirements of these regulations and is in final form for recording in the offices of the county registrar of deeds (clerk of court).
Private driveway. A roadway serving no more than two lots, building sites, or other divisions of land and not intended for routine public ingress or egress.
Private street. A street is private unless its right-of-way has been dedicated to and accepted by the state or the city.
Public street. This means, relates to, and includes the entire right-of-way of streets, avenues, boulevards, highways, freeways, lanes, courts, thoroughfares, collectors, residential and arterial streets, cul-de-sacs and other ways considered pubic and both dedicated to and accepted by the state or the city.
(1)
Arterial major street[s]. The principal streets serving the major movements into and out of the city.
(2)
Collectors. Streets used or intended to be used for moving traffic from residential streets to major thoroughfares, including the principal entrance and circulation street, or streets, of a development.
(3)
Residential streets. Streets used or intended to be used for access to abutting properties.
Recreation area or park. An area of land or combination of land and water resources which is developed for active and/or passive recreational pursuits with various manmade features which accommodate such activities.
Reservation. The obligation to maintain an area of land free of development for a specified period of time without a transfer of property.
Sanitary sewer. A constructed conduit connected with or as a sewer system for the carrying of liquids and solids other than stormwaters to a sanitary treatment facility.
SCDHEC. South Carolina Department of Health and Environmental Control.
SCDOT. South Carolina Department of Transportation.
Septic system. A system for the treatment and disposal of domestic sewage by means of a septic tank and a soil absorption system. All such systems are subject to the review and approval of the street department of health and environmental control.
Site plan. A scale drawing showing the relationship between lot lines and their uses, buildings or structures, existing or proposed on a lot, including such details as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility lines and currents, or a special or particular use.
Site specific development plan. A development plan submitted for approval describing with reasonable certainty the types and density or intensity of uses for a specific property or properties.
Structure. Anything constructed or erected, the use of which either requires location on the land or attachment to something having a permanent location on the land.
Structure setback required. The minimum distance required from the front, side and rear property lines and the base of any structure or any projections thereof, including eaves, chimneys, steps, bay windows, fire escapes, or other appurtenances.
Subdivider. Any person, firm, corporation, or other legal entity subdividing land within the jurisdiction of this ordinance.
Subdivision. "Subdivision" is a division of a tract or parcel of land into two or more lots, building sites, or other division for the purpose, whether immediate or future, of sale or building development, and includes any division of land involving a new public or private street or a change in existing public streets or private streets, and includes resubdivision. The following will be exempt from the provisions of this ordinance:
(1)
The division of land by will, or by inheritance under the statute of descent and distribution, or by gift conveyed by deed, will be exempt from the provisions of this ordinance. Such exemption is limited to the conveyance of land from one member to another member of the same immediate family (mother, father, children, grandchildren, brothers or sisters).
(2)
The following exceptions are included within this definition only for the purpose of requiring an administrative subdivision review and that the city planning commission must be informed and have records of such subdivisions:
a.
The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots meet the standards of the governing authority. The term "previously platted" means platted, approved and recorded, if such lots were created in accordance with subdivision regulations and/or recorded prior to existence of applicable subdivision regulations.
b.
The division of land into parcels of more than two acres, where no new street or widening of any street is involved. The phrase, "where no new street or widening of an existing street is involved," is construed as meaning that any such parcel must have at least 25 feet of frontage on an approved existing state- or city-owned and/or accepted maintenance street and no new public street is involved.
c.
The completion of existing subdivisions already having received the approval of construction plan (deemed to be the equivalent of preliminary plat approval) by the appropriate public agencies, and where construction of streets or utilities has substantially been commenced prior to the adoption of these regulations.
d.
The division of a tract of land into lots by a single-family owner, where no new street is involved, provided the sizes of such lots are equal to or exceed the standards set forth in these regulations and are approved by the state department of health and environmental control.
e.
The partition of land by court decree.
Any and all of the plat exceptions noted above must be presented as information to the city planning commission, which will indicate and evidence receipt of same on the plats.
Subdivision, major. Any subdivision that does not meet the criteria for subdivision exception (see Subdivision definition) or a minor subdivision.
Subdivision, minor. Those divisions of land that do not qualify for administrative subdivision review, but which consist of three lots or less (including the original lot) and do not include any new streets, right(s)-of-way, easement(s), public open space(s) or infrastructure.
Subdivision plan. A map or drawing upon which the subdivision is presented for approval.
Surveyor. The terms "practice of land surveying," "land surveying," "the preparation or submission of plats," or other related terms within the meaning and intent of this ordinance shall include measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, with underground workings, or on the beds or bodies of water for the purpose of determining areas and volumes, for the monumenting or marking of property boundaries and for the platting and laying out of lands and subdivisions thereof, including the topographic alignment and grades of streets and for the preparation of maps, plats and property descriptions that represent the surveys.
Tier lots. A lot or lots which front or back upon a limited-access highway or private street, a physical barrier or another type of land use and to which access from the rear is usually inaccessible.
Townhouse. A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with open space on at least two sides.
Utilities. Utilities shall consist of any and all utility services to a subdivision, including water, electricity, telephone, cable television, gas, and sanitary sewerage, whether such utilities are supplied by a private individual company or a governmental entity.
Vested right. The right to undertake and complete the development of property under the terms and conditions of a site specific development plan or an approved phase of a phased development plan as provided in the Vested Rights Act, being S.C. Code 1976, § 6-29-1520 et seq.
Zoning ordinance. The officially adopted zoning regulations of Tega Cay, South Carolina (if applicable).