The purpose of this chapter is to establish certain subdivision standards and procedures for the city. (Code 1964, § 26-1)

For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows: 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 indicates otherwise; the word "lot" includes the word "parcel"; and the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapproved"; any reference to this chapter includes all ordinances amending or supplementing the same; all distances and areas refer to measurement in a horizontal plane. (Code 1964, § 26-2)

For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section:

No person shall subdivide any tract of land that is located within the corporate limits of the city except in conformity with the provisions of this chapter. (Code 1964, § 26-6)

Any person violating the provisions of this chapter shall be subject to a fine of not more than one hundred dollars ($100.00) for each lot or parcel of land so subdivided or transferred or sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. (Code 1964, § 6-5)

This chapter bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this chapter calls for more restrictive standards than are required by private contract, the provisions of this chapter shall control. (Code 1964, § 26-6)

Where a subdivider can show that a provision of this chapter would cause an unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the planning commission a departure may be made without destroying the intent of such provision, the council, on recommendation of the commission, may authorize a variance. Any variance thus authorized shall be entered in writing in the minutes of the council and the reason on which the departure was justified set forth. (Code 1964, § 26-4)

Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the planning commission for approval of his subdivision plat and submit three (3) copies of the preliminary lot, street and utilities layout. The preliminary layout shall be at a scale of not more than one hundred (100) feet to the inch and shall show the following:

After reaching a tentative conclusion, the planning commission may discuss the preliminary layout with the subdivider at a meeting of the commission. After such discussion, the commission shall communicate, within thirty (30) days and in writing, to the developer: Specific changes that are required in the preliminary layout; the character and extent of public improvements that will have to be made in keeping with the public health, safety, morals and general welfare; and the amount of construction or improvement or the amount of performance bond which it will require as a prerequisite to recommendation of approval of the final subdivision plat. (Code 1964, § 26-7)

Unless the owner of the subdivision shall have the final plat recorded in the Office of the Clerk of the Circuit Court of the City of Staunton, Virginia, within six (6) months after final approval thereof by the City Council, such approval shall be withdrawn and the plat marked "void" and returned to the Planning Department for the City of Staunton; however, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the Governing Body, or where the developer has furnished surety to the Governing Body by certified check, cash, escrow, bond, letter of credit in the amount of the estimated cost of construction of such facilities, the time for plat recordation shall be extended to one (1) year after such final approval or to the time limit specified in the surety agreement approved by the Governing Body, which ever is the greater. (Code 1964, § 26-7; Ord. of 12-16-93)

Sec. 27-24. Minor Subdivision Plats.

The original and two (2) copies of a minor subdivision plat, as set forth herein, shall be submitted to the director of planning for approval as follows:

The requirements and standards of design for the subdivision of land set out in this article shall apply to subdivisions within the scope of this chapter. (Code 1964, § 26-10)

Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard. (Code 1964, § 26-35)

There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly-dedicated street. (Code 1964, SS 26-34)

All streets shall conform in location and alignment to the street plan, as shown on a map entitled "Generalized Major Street Plan," filed in the office of the city engineer and reprinted in the Master Plan as Plate No. XXII, page 108, and adopted by the city council on February 27,1961. (Code 1964, SS 26-11)

Proposed streets that are in alignment with existing streets already named shall bear their names. No new street shall duplicate names of existing streets. (Code 1964, § 26-16)

Streets that have been designated to become class I primary shall have a right-of-way width of ninety (90) feet. Streets that have been designated as class II primary shall have a right-of-way width of seventy-two (72) feet. Streets designated to become class III primary shall have a right-of-way width of eighty (80) feet. Streets that have been designated collector streets shall have a right-of-way width of sixty (60) feet. All other minor or neighborhood streets shall have a right-of-way width of fifty (50) feet. Alleys shall not be less than twenty (20) feet in width. (Code 1964, § 26-12)

On streets that are required to have a right-of-way width of sixty (60) feet or more, grades shall not exceed eight (8) percent. On streets permitted to have a right-of-way width of less than sixty (60) feet, grades shall not exceed twelve (12) percent. (Code 1964, § 26-13)

Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets sixty (60) feet or more in width, the center line radius of curvature shall not be less than three hundred (300) feet, and on other streets, not less than one hundred (100) feet. (Code 1964, § 26-14)

Intersections of streets shall be at an angle as nearly ninety (90) degrees as possible and shall not be less than sixty (60) degrees. (Code 1964, § 26-15)

Dead-end streets, cul-de-sac, shall be designed so that turnarounds for reversing traffic movements at the closed ends shall have a minimum radius of at least fifty (50) feet. They shall not be over four hundred (400) feet in length. (Code 1964, § 26-18)

Alleys shall be provided in the rear of lots to be used for business purposes, and in residential lots where the subdivider shows evidence to the commission or council of the need for alleys. (Code 1964, § 26-17)

Four-inch square concrete monuments, thirty (30) inches in length, with a round brass disk in the top, in which a hole may be punched to identify the exact location, shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections and radius or angle points. These monuments defining the street right-of-way limits may be set on the right-of-way line, or preferably they may be set on the center line of the street, after the construction of the street has been completed, and covered with an approved cast-iron cover set flush with the finished grade of the street. All lot corners shall be marked by an iron pipe not less than three-fourths of an inch in diameter and twenty-four (24) inches long, driven so as to be flush with the finished grade. (Code 1964, § 26-19)

Blocks shall not exceed eight hundred (800) feet in length and they shall not be less than four hundred (400) feet in length, unless prevented by topographic conditions. (Code 1964, § 26-20)

Blocks shall be wide enough for two (2) tiers of lots of minimum depth, except where fronting on major streets, unless prevented by topographical conditions or size of the property, in which case the commission may approve a single tier of lots of minimum depth. (Code 1964, § 26-21)

Where a proposed subdivision will adjoin a major street, the commission may require a single tier of lots of minimum depth to back upon such major street to avoid unnecessary ingress and egress. (Code 1964, § 26-22)

Arrangements of lots shall be at right angles to street lines, if possible, or radical to curved street lines. (Code 1964, § 26-23)

Each lot shall abut on a street dedicated by the subdivision plat, or on an existing publicly-dedicated street, except as provided under Planned Residential Development, article V, section 1A of the Zoning Code. If the existing street is less than fifty (50) feet in width, the commission may require the subdivider to dedicate the extra width necessary to widen the street to fifty (50) feet. (Code 1964, § 26-24)

The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for building. Lots shall not contain peculiarly shaped elongations which are designed solely to provide necessary square footage of area or frontage on a public road and which would be unusable for normal purposes.

The size and shape of residential lots shall be in accordance with the regulations established in the zoning code for the district in which the subdivision lies, except that, if a connection to either the public sewer or water systems, but not both, is provided, the lot size shall be increased to contain at least ten thousand (10,000) square feet in those zones allowing for smaller sizes, and if a connection to neither the public sewer or water systems is provided, the lot size shall be increased to contain at least twenty thousand (20,000) square feet, and the installation of a water system and a sewage disposal method shall be approved by the health officer. (Code 1964, § 26-25; Ord. 1/11/96))

Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the building setback lines on both streets. (Code 1964, § 26-26)

Lots 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. (Code 1964, § 26-27)

All remnants of lots below minimum size left over after subdividing a tract must be added to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels. (Code 1964, § 26-33)

In case a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision. (Code 1964, § 26-28)

The commission may require sub-dividers of residential subdivisions to set aside land for parks, playgrounds, schools and similar public and semipublic uses, subject to the following regulations:

Sec. 27-57. Utility easements.

Except where alleys are permitted, the commission may require easements up to ten (10) feet in width for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and other public utilities along all rear and side lot lines. Easements may be of a greater width for the extension of existing or planned utilities. (Code 1964, § 26-30)

Building setbacks shall conform to those established in the Zoning Code for the district in which the subdivision lies. (Code 1964, § 26-31)

Where the regulations of the Zoning Code do not apply, parking facilities shall be provided and be approved by the planning commission. (Code 1964, § 26-32)

Improvements required in subdivisions lying in whole or in part in the city, including new streets, easements, extension of sewer and water systems or rights-of-way connecting two (2) public streets, shall be as provided in this article. (Code 1964, § 26-36)

Sec. 27-71. Standards and specifications generally.

All grading and surfacing shall be done and sanitary sewers, water and gas mains, curbs and gutters and all other items pertaining to the development of any street or alley shall be installed in strict accordance with the standards and specifications adopted by the council. (Code 1964, § 26-37)

Streets and alleys shall be graded to the cross-section and profile approved by the council and in strict accordance with the standards and specifications adopted by the council. All streets shall be graded for the full width of the right-of-way and the embankment slopes resulting from such grading shall be entirely on the properties adjacent to the right-of-way. Concrete curb and gutter, of a type and dimension approved by the city manager, shall be installed on both sides of all streets shown on the subdivision plat and dedicated to the public use. On streets having a right-of-way width of fifty (50) feet, the curb and gutter shall be installed with thirty-four (34) feet between curbs, unless otherwise directed by the council. On streets having a right-of-way width in excess of fifty (50) feet, the curb and gutter shall be installed with forty-four (44) feet between the curbs, unless otherwise directed by the council. The sub-grade of each street shall be checked for uniformity of grade and cross-section and approved by the city manager or his representative prior to the installation of the base material. Base for streets and alleys shall be of stone, gravel or other satisfactory material approved by the city manager, and shall be installed by recognized construction practices in two (2) four-inch courses, watered and compacted to a final thickness of six (6) inches. The entire cost of these items of street construction shall be borne by the subdivider. (Code 1964, § 26-38)

After a majority of the lots on a street have been improved, a bituminous surface treatment shall be applied to the street, consisting of one-half gallon of RC2 asphalt per square yard, applied in two (2) coats, covered with at least fifty (50) pounds of stone chips per square yard. The cost of this surfacing shall be borne equally by the city and the subdivider. (Code 1964, § 26-39)

The areas between the back edge of the curb and the limits of the street construction, which includes all slopes on private property, shall be sodded or top-soiled and seeded. The entire cost thereof shall be borne by the subdivider. The subdivider shall be responsible for maintaining these seeded areas and slopes until a full stand of grass has developed. (Code 1964, § 26-40)

Sidewalks shall be provided on both sides of all streets, if required by the council. The entire cost thereof shall be borne by the subdivider. (Code 1964, § 26-42)

Street signs of a design approved by the council shall be installed at all intersections. The entire cost thereof shall be borne by the subdivider. (Code 1964, § 26-43)

A drainage system, including storm sewers where necessary, adequate to serve the subdivision and the contributing drainage area in its vicinity shall be provided to ensure drainage of both natural and storm water. The city council shall have the final authority to make the determination of what shall be adequate. Curb drop inlets of a type approved by the city manager shall be installed at street intersections and at required intermediate locations, connected with storm sewers or culverts. When it is necessary to convey drainage through the lots or along lot lines, either or both, easements shall be set aside for this purpose, and either storm sewers or open paved ditches shall be installed as required by the council. The entire cost thereof shall be borne by the subdivider. (Code 1964, § 26-41)

Sanitary sewer lines and laterals, water lines and service connections and gas mains and laterals shall be installed by the subdivider or the responsible utility company prior to the installation of the roadway base material, when such utilities are reasonably available to the property being subdivided. Installation of the foregoing shall be in strict accordance with the standards, specifications and plans approved by the council and inspected and approved by the city manager or his authorized representative. The entire cost thereof shall be borne by the subdivider regardless whether installed by the subdivider or the utility company. (Code 1964, § 26-44; Ord. of 5-24-90, § 1)

All physical improvements required by the provisions of this chapter to be installed by the subdivider shall be installed at his expense and, pending the actual installation, the subdivider shall execute and file with the city clerk, prior to final approval of the plat, an agreement and a one hundred (100) percent performance bond and a one hundred (100) percent payment bond, in an amount determined by the council equal to the approximate total costs of such improvements, in such form and with such surety as the council may approve, guaranteeing that the required improvements will be properly and satisfactorily installed within a reasonable length of time, as stipulated by the council, but in no event more than two (2) years. In lieu of such bonds, the subdivider may place with the city, in escrow, such security as may be approved by the council. (Code 1964, § 26-45)

The installation of improvements required by this article shall be supervised by a civil engineer duly licensed by the state. (Code 1964, § 26-46)

Approval of the installation of the improvements shall be granted by the city upon completion of the installation of all improvements and receipt of certification from the supervising engineer that all improvements have been installed in accordance with the plans and specifications approved by the city. (Code 1964, § 26-47)

If a subdivider or developer makes an advance of payments for or construction of reasonable and necessary road improvements located outside the property limits of the land owned or controlled by him, the need for which is substantially generated and reasonably required by the construction or improvement of his subdivision or development, and such advance is accepted, the city council may agree to reimburse the subdivider or developer from such funds as the city council may make available for such purpose from time to time for the cost of such advance together with interest, which shall be excludable from gross income for federal income tax purposes, at a rate equal to the rate of interest on bonds most recently issued by the city council on the following terms and conditions:

(Ord. of 11/11/93)