No property in a subdivision shall be transferred or offered for sale, nor shall a permit be issued for a structure thereon, until a final plat of such subdivision shall have been approved, as provided herein, and recorded in the office of the Clerk.
The creation of a subdivision shall in no way exempt the land included within it from the provisions of zoning or other ordinances or laws.
Land deemed by the agent to be generally unsuitable and land subject to flooding, slope instability, collapse or other natural hazard shall not be subdivided either for residential occupancy, unless sufficient land is provided in each lot to provide a building site free from flood or other danger, or for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard. In this connection the agent may require the subdivider to furnish topographical maps, elevations, flood profiles or other relevant data.
[Amended by Ord. No. 92-6]
A. 
The subdivider shall dedicate to the City all land required for streets as provided in this chapter. The layout or arrangement of these streets shall provide for the coordination of streets within and contiguous to the subdivision with existing or planned streets in existing or future adjacent or contiguous subdivisions and with other existing or planned streets within the general area as to location, widths, grades and drainage.
B. 
Where the size of the subdivision warrants, the subdivider shall dedicate to the City such reasonable amount of land for open space, parks and playgrounds, as determined necessary to protect the safety (fire and traffic hazards considered) and general public welfare of the area. The size, location and character of land dedicated or reserved, if any, shall be determined by the Commission after consultation with the agent and the subdivider and consideration of the purpose of this chapter.
[Amended by Ord. No. 99-8; Ord. No. 99-11; 12-2-2010 by Ord. No. 2010-09]
A. 
Street widths shall be as specified by the City and shall not be less than required by the Virginia Department of Transportation.
B. 
Streets shall have the minimum width of right-of-way specified by the City. The right-of-way shall be sufficient to provide for the street, sidewalk or sidewalks if required by the City, any utilities required to be contained within the right-of-way, and to provide for future widening if anticipated by the City.
C. 
Streets shall connect with existing streets and shall provide access to possible adjoining subdivisions as required by the agent. Whenever feasible, streets shall intersect at approximately right angles. Offsets or jogs shall be avoided.
D. 
Dead-end streets shall be provided with a turnaround terminal, the diameter of which shall be specified by the City but not less than that required by the Virginia Department of Transportation. The length of dead-end streets shall not exceed 1,000 feet, and not more than a total of 20 lots shall front on a dead-end street.
E. 
Streets shall be so designed as to provide adequate drainage and drainage facilities and to have geometric design in compliance with the requirements of the agent as evidenced by his written approval.
F. 
When lots in a subdivision abut on one side of any existing street, the subdivider shall be required to dedicate sufficient right-of-way so that the street width required by the City may be constructed within the right-of-way. The subdivider shall not be responsible for grading or surfacing such existing street or highway or installing curb, gutter and sidewalks on the opposite side of the existing street.
G. 
Except as provided in Subsection F of this section, streets shall be graded and surfaced and shall be provided with curb and gutter when required by the City in accordance with the provisions of § 360-15A(2).
H. 
Except as provided in Subsection F of this section, the City may require the subdivider to install sidewalks in accordance with the provisions of § 360-15A(2) where a compelling need for direct pedestrian access to schools and/or public facilities is evident or where considerations of pedestrian safety indicate a need for sidewalks.
I. 
A drainage system shall be constructed in accordance with the provisions of § 360-15A(4).
J. 
Names of new streets shall not duplicate existing or platted street names unless the new street is a continuation of, or in alignment with, an existing or platted street, in which case the name shall be the same.
K. 
As a requirement of subdivision approval, the applicant shall plant shade trees within five feet of the right-of-way of the street or streets within and abutting the subdivision. One tree shall be planted for every 40 feet of frontage along such roads unless the Planning Commission grants a waiver. A waiver shall be granted only if there are trees growing along the right-of-way or on abutting property which, in the opinion of the Planning Commission, comply with these regulations. Trees shall have a minimum caliper of two inches. The species shall be submitted to the Zoning Administrator for approval prior to planting.
A. 
The lot area, width, depth, slope and orientation, and the minimum building setback lines, shall be appropriate for the location of the subdivision and for the type of development and use contemplated and in accordance with the requirements of the Zoning Ordinance.
B. 
Lots shall not contain peculiarly shaped elongations or features solely to provide necessary square footage of area.
C. 
Every lot shall front on a street, and the side lines of lots shall be approximately at right angles or radial to the street line.
D. 
Corner lots shall have a width sufficient to conform to required building setback lines on both streets and to provide adequate building sites.
E. 
In the case of lots for residential purposes, the lot area, width, depth, orientation and minimum building setback lines shall conform to the requirements of the Zoning Ordinance. The building setback lines and lot areas shall be greater than the minimum specified in the Zoning Ordinance if the agent finds that conditions of health and/or safety so require.
F. 
In the case of lots for commercial, industrial or nonresidential use, the lot area, width, depth and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and in accordance with the requirements of any existing zoning or other applicable ordinance; they shall be adequate to provide for off-street service and parking facilities required by the type of use and development contemplated.
G. 
Where any lot has abrupt topography which renders that portion of the lot unusable for the purpose specified, lot area requirements shall exclude all such affected land.
A. 
Utilities shall be installed, and/or easements for such utilities shall be provided, in the location and to the width designated by the agent after receiving recommendations from the utility companies responsible for the installation of the same.
B. 
Where a subdivision is traversed by a stream or other natural drainageway, the agent may require the subdivider to dedicate a suitable right-of-way or easement for stormwater drainage or to construct adequate water drains.
A. 
The subdivider, at his cost, will make the improvements provided for in this section, and they shall be installed in compliance with the requirements of this chapter and all other City ordinances under the direction and supervision of the agent or his deputy. No subdivider shall commence the construction of any such improvements without first submitting plans and specifications and obtaining the written approval of the appropriate City official, as hereinafter provided. Any subdivider commencing any construction in violation of this section shall be guilty of a misdemeanor and punishable as provided in Article VIII of this chapter.
(1) 
Monuments shall be placed in the ground at all corners, angles and points of curvature in the subdivision boundaries, in the right-of-way lines of all streets and other public areas within the subdivision and all corners of each lot. Such monuments shall be at least equal to an iron pipe not less than 1/2 inch in diameter and three feet in length. The tops of all monuments shall be set no more than one inch above finished grade of the ground surface at their respective locations. Upon completion of subdivision streets, sewers, water lines and other required improvements, the subdivider shall make certain that all required monuments are clearly visible for inspection and use.
(2) 
The subdivider shall construct and pave all platted streets. Curb and gutter shall be provided for each street. Sidewalks, where required, shall also be constructed at the subdivider's expense. Streets, curbs, gutters and sidewalks shall be constructed in accordance with current standards of the State Department of Highways and Transportation as approved by the City.
(3) 
Curbs, gutters and sidewalks shall be constructed such that there will be one driveway entrance, appropriately located, for each lot.
(4) 
Where required by the agent, a stormwater management system based on engineering standards shall be provided by means of culverts, ditches, catch basins, ponding, natural overland flows, swale routings, and/or any other facilities necessary to provide adequate drainage, disposal or catchment of surface and storm waters from all streets and adjoining properties.
(5) 
Street name signs as approved by the agent shall be installed at all street intersections in any subdivision by the subdivider.
(6) 
When required by this chapter, water supply and distribution facilities and/or sewers and sewage disposal facilities shall be installed by the subdivider pursuant to City requirements.
B. 
The subdivider shall furnish a cash bond or equivalent, a surety bond of a surety company or a certified check payable to the City of Lexington in an amount equal to the estimated cost of improvements shown on the final plat as required in Subsection A of this section, § 360-16 and Subsections A and B of § 360-17. Estimated cost shall be fixed by the agent and shall reflect the cost to the City if such improvements were to be installed by City crews or City-employed contractors at then current wage and price levels.
C. 
In the absence of a bond or check, no final plat shall be approved or recorded until the required improvements have been installed and approved by the agent. Before undertaking any improvements required in the Subsection A(2), (3), (4) and (5) of this section, § 360-16, and Subsections A and B of § 360-17, the subdivider shall submit four copies of his proposed plans and specifications to the agent and receive written approval thereof by the return of one copy with such approval endorsed thereon. Such plans and specifications shall have been prepared by a certified land surveyor or other qualified professional.
D. 
Of the copies retained, one shall be forwarded to each appropriate state and local agency and the remaining copy or copies shall be filed with the permanent copy of the final plat.
E. 
The agent may make such inspection during and after final installation of the improvements required herein as shall be deemed necessary, and no installation shall be accepted as completed until approved by the agent.
F. 
All bonds required by this section shall have a cost of living escalation clause.
Public sewage facilities shall be extended by main sewer lines and lateral lines to a property line of each lot by the subdivider or developer at his cost. If the subdivider or developer fails to provide such service and the City provides such service at the subdivider's or developer's expense, then the cost of providing that service shall include extending main and/or lateral lines to the property line of the lot and shall include the cost of excavation and of cutting and repairing streets, curbs, gutters and sidewalks as necessary. Individual septic tanks shall not be permitted. No final plat of a subdivision or development shall be approved without an acceptable sewerage facilities plan which provides sewerage service to each lot.
A. 
Public water facilities shall be extended by main water lines and service lines to a property line of each lot by the subdivider or developer at his cost. If the subdivider fails to provide such service and the City provides such service at the subdivider's or developer's expense, then the cost of providing that service shall include extending main and/or service lines to the property line of the lot and shall include costs of excavation and of cutting and repairing streets, curbs, gutters and sidewalks as necessary. No final plat of a subdivision or development shall be approved without an acceptable water supply plan which provides water service to each lot.
B. 
In all subdivisions being serviced by a central water supply system, an acceptable system of fire hydrants shall be installed.
A. 
The maximum length of blocks shall be 800 feet and the minimum length shall be 300 feet.
B. 
Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where prevented by topographical conditions or the size of the property, in which case the agent may alter the size.
C. 
Where a subdivision adjoins a major road, the agent may require a shift in orientation to avoid unnecessary ingress and egress from such major road.
D. 
Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.