Community Development Subdivision FAQs
Topic: Subdivision Definition
Q: What is a subdivision?
A: The dividing of property (a tract or parcel of land ) into two or more lots, building sites, or other divisions.
Reference: Subdivision Regulations – Section 2.30, Subdivision
Topic: Subdivision Restrictions/Covenants
Q: What are subdivision restrictions/covenants?
A: These are private restrictions that are placed in effect by the developer of the property (parcels, lots, or tracts) during the development stages prior to the sale of such parcels, lots, or tracts. The County does not require covenants and restrictions for subdivisions.
Reference: Subdivision Regulations – Section 7.10
Q: How can I get a copy of the restrictions for my subdivision?
A: Restrictions, often referred to as “Covenants and Restrictions”, are usually recorded in the Register of Deeds Office by the developer. They may be available for viewing online at the Register of Deeds section of the County web site or you may get a copy at the Register of Deeds Office in the County Administration Building.
Reference: Subdivision Regulations – Section 7.12
Q: Who enforces them?
A: Subdivision regulations must be enforced in a private manner by the developer or the property owners of the subdivision.
Reference: Subdivision Regulations – Section 7.13
Topic: Private Road
Q: What is a private road?
A: Any road or driveway used for access to three or more parcels of land and which is not publicly maintained by a municipality, the County, or the State of South Carolina, is a private road.
Reference: Subdivision Regulations – Section 2.30, Road, a
Q: Can I subdivide property that is accessed by private road?
A: Approval by the Lexington County Planning Commission is required for the subdivision of property accessed by a private road.
Reference: Subdivision Regulations – Section 2.30, Road,a, 1
Topic: Subdivision Approval
Q: I want to divide my property in order to give it to my children. Is this considered a subdivision?
A: Yes. Any dividing of property is considered a subdivision and each new lot or parcel must be provided with access to a publicly maintained road (or an approved private road), adequate storm drainage, water, and sewer.
Reference: Subdivision regulations – Section 2.30, Subdivision
Topic: Recording a Property Plat (Survey)
Q: The Register of Deeds Office told me that I need approval by the County Planning Commission before they could record my plat. Is that correct?
A: All plats to be recorded in the Register of Deeds Office must be reviewed and approved by the Lexington County Department of Community Development (on behalf of the Lexington County Planning Commission) in conjunction with rules and regulations of Stormwater Management, Public Works, and the Lexington County Environmental Health Department (DHEC). Each new lot must be provided with access to a publicly maintained road (or an approved private road), adequate storm drainage, water, and sewer.
Reference: Subdivision Regulations – Section 3.34
Q: What is required for the approval of my plat?
A: In order to have your plat approved (over-the-counter) for recording, the following items are reviewed:
Access - A plat of a lot/parcel must show access to a publicly maintained road, which meets the requirements of the Planning Commission’s Access Policy. In order for a lot/parcel to be accessed from a private road, approval by the Planning Commission is required.
Water and Sewer Availability - Any lot less than 1 acre in area must be approved by the Lexington County Environmental Health Department for septic system suitability or proof must be provided to show that an existing sewer service is available from a public utility. Any lot 1 acre or larger is usually not reviewed for water and sewer availability.
When Can a Subdivision be Reviewed Over-the-Counter - In most cases, a plat showing 1 or 2 lots can be reviewed as a simple over-the-counter plat provided the total acreage of the lot being subdivided equals the total sum of the acreage of the two lots being created. Subdividing which creates a total of three or more lots must go through a formal subdivision review by staff. Generally, the subdividing of a lot on a privately maintained road cannot be approved as a simple over-the-counter plat.
Recordable Quality - plats submitted for approval must bear the original signature of a South Carolina Registered Surveyor and include the surveyor’s embossed seal.