Subdivision of LandSubdivision of Land

Subdivision: the division of a thing into smaller parts.

SubdivisionsSubdivisions

SubdivisionSubdivision

Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts or interests for the purpose of offer, sale, lease, or development….whether by deed, metes and bounds description, devise, intestacy…..

BackgroundBackground Regulations evolved out of concerns for

new roads and other infrastructure. Developers were creating new subdivisions

with inferior roads and leaving the local governments and tax payer with the burden of maintenance.

Local governments also wanted to ensure that the streets of new subdivision were logically integrated into the existing street system.

Subdivision RegulationsSubdivision Regulations

Zoning regulates the use of land. Subdivision regulations

(ordinances) establish both the pattern of development and the quality of development.

Subdivision RegulationsSubdivision Regulations Subdivision regulations are an ordinance. A legislative act like zoning. Local governments need specific state

statutory or constitutional authorization to enact subdivision regulations.

Subdivision regulations do not replace applicable zoning ordinances. Sometimes zoning and subdivision

regulations are combined into Unified Development Ordinances (UDO).

Subdivision RegulationsSubdivision Regulations Lancaster County, VA -Table of

ContentsTable of Contents Preface Section 1 Purpose and Title Section 2 Definitions Section 3 Administration Section 4 Procedure for Making and Recording Plats Section 5 General Regulations Section 6 Approval of Plats Section 7 Effectual Clauses

Unified Development Unified Development OrdinanceOrdinance Greensboro, NC – Table of Contents

ARTICLE I - PURPOSE AND AUTHORITY ARTICLE II - DEFINITIONS ARTICLE III - PERMITS AND PROCEDURES (Special Use Permits, Fees,

Conditional Use) ARTICLE IV - ZONING (Permitted Use Schedule, Fences,

Accessory Structures, Overlay Districts) ARTICLE V - ZONING: OTHER STANDARDS (Signs, Parking, Landscaping) ARTICLE VI - SUBDIVISIONS: PROCEDURES AND STANDARDS (

Final Plats, Subdivision) ARTICLE VII - ENVIRONMENTAL REGULATIONS (Watershed Regulations) ARTICLE VIII - ENFORCEMENT (Civil Penalties) ARTICLE IX - ADMINISTRATION (Technical Review Committee, Zoning

Commission) ARTICLE X - APPENDICES

TeethTeeth

Subdivided lots may not be conveyed without being recorded.

Lots may not be recorded without complying with subdivision regulations.

TeethTeethLancaster County, VA - “Any owner or developer of any tract of land situated within the unincorporated portions of Lancaster County who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Circuit Court of Lancaster County, Virginia. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the agent and board of supervisors or agent, in accordance with the regulations set forth in this ordinance. No person shall sell or transfer any land of a subdivision before such plat has been duly approved and recorded as provided herein unless such subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto.”

SubdivisionSubdivision RegulationsRegulations Address three sets of issues:

Design of internal streets and utilities of the subdivision and the resulting layout of lots and blocks.

Relationship of the streets and utilities in the subdivision to those of the larger community.

Ensuring continuity of streets, management of stormwater, logical connection of utilities.

Construction of streets, utilities, and other improvements.

SubdivisionSubdivision RegulationsRegulations Montgomery Co., MD - Design and Arrangement of Lots

In minor subdivisions and major subdivisions, all lots, including remainders, must abut on:

An existing public street; A proposed public street to be constructed in

accordance with the provisions of this article; A proposed private street, approved by the board of

supervisors and to be constructed in accordance with the provisions of this article; or

A proposed private access easement at least forty (40) feet in width providing access from the lot to an existing public street and to be constructed in accordance with the provisions of this article.

Subdivision ControlsSubdivision Controls

Platting procedures Design regulations Improvement requirements Dedication requirements In-lieu fees Performance bonds Essential public facilities

Platting ProceduresPlatting Procedures Fredericksburg, VA –

Preapplication Conference: The applicant shall consult with the City

Engineer and the Director for advice and assistance before the preparation of the preliminary plat and formal application for its approval. The objective of this preapplication conference is to clarify the regulations, fees and procedures as they apply to the particular parcel and proposed subdivision.

Design RegulationsDesign Regulations Fredericksburg, VA

Street Access and Widths: All lots shall have access to a dedicated

public or private street. Fee strips established to provide access to a tract not fronting a dedicated street shall not be permitted. Pavement width and right-of-way shall be as specified by the City Planning and Zoning Commission and in all cases shall be not less than the minimum standards in Section 9.1300.

Improvement RequirementsImprovement Requirements Wake County, NC:

If an approved minor subdivision involves any associated improvements (such as a private road, public road widening, water supply or sewage disposal system other than individual wells and septic systems, stormwater management facilities or easements, erosion and sedimentation control devices, or any other improvements required as part of the minor subdivision approval), the construction or installation and maintenance of such improvements shall be subject to the provisions in Section 3-3-11, Subsections (A), (B), (C), and (D), and the first sentence of Subsection (E).

Dedication RequirementsDedication Requirements Wake Co., NC: Dedication of Right-of-Way

Abutting Existing Major Thoroughfares “If (i) a subdivision site abuts an existing major

thoroughfare with a right-of way width less than that recommended in the Wake County Thoroughfare Plan, and (ii) development in the proposed subdivision is expected to add a significant amount of traffic onto that major thoroughfare, then the subdivision shall include dedication of any additional right-of-way along the site's frontage on the major thoroughfare that is needed to widen the right-of way to thirty-five (35) feet from the centerline of the roadway.”

Subdivision Review ProcessSubdivision Review Process

Preliminary plat review Final plat review Recording the plat

Preliminary Plat ReviewPreliminary Plat Review First step in approval process Review of broad design issues and technical

engineering details Examples of review standards:

Do the proposed lots conform to applicable zoning?

Does the layout of the proposed lots and blocks conform to the existing street regulations?

Do the proposed streets conform to the master street or circulation plan for the community?

Do the drainage, water, and sewer systems connect appropriately to the current systems?

Final Plat ReviewFinal Plat Review

Occurs after preliminary plat is approved. Drawings submitted at final plat stage

should show exactly what will be built and how.

It is relatively rare for a planning commission to disapprove a final plat. There should be no new substantive issues at

this stage Youngblood v Board of Supervisors

Final Plat ReviewFinal Plat Review

Sample standards for final approval: Is the final plat consistent with the approved

preliminary plat and any conditions imposed on it?

Do the proposed engineering details meet the technical standards of the subdivision regulations?

Do the proposed locations of streetlights, street signs, and other items conform to the regulations?

Subdivision ReviewSubdivision Review

Planning commission had responsibility for subdivision review.

Administrative process: If proposed plat conforms with applicable

standards it must be approved by the planning commission.

Can grant conditional approvals to preliminary plats using conditions to require the remedy of identified deficiencies.

Recording the PlatRecording the Plat

Final step in subdivision process. Legal notification of subdivision. Demonstrates that the local

government has accepted dedication of roads and easements.

Until plat is recorded developer cannot legally sell lots in subdivision.

On-Site ImprovementsOn-Site Improvements Communities expect developers to

complete the public improvements that make a subdivision operational. Developers recognize as cost of doing business.

Developers typically do not want to invest in building the improvements until received approval for subdivision. Local governments may have little control over

whether the developer completes the improvements once the subdivision is approved.

On-Site ImprovementsOn-Site Improvements

Local government techniques: Require the developer to post a bond/letter

of credit equal to the cost of improvements. Make approval of final plat conditional on posting

of bond. If developer fails to complete improvements, can

draw against bond to finish work. Withhold final plat from being recorded.

Gives developer strong incentive to compete work.

ExactionsExactions

Exaction: The act of demanding more money than is due; extortion.

Brous v Smith Jordan v Village of Menomonee

ImpactImpact FeesFees

Fees levied against developers by local governments to cover the costs of improvements. Written in ordinances or included in

negotiations. Levied as condition for approval of

plat or building plans. Differ from exactions because can be

used for on or off-site improvements

ImpactImpact FeesFees

Considered by courts as acceptable way to pay for improvements.

Must pass rational nexus test: Reasonable connection between impact

and new development. Used to pay cost of impact from new

facilities, not to correct deficiencies in existing services.