Lesson 4 Land Use Regulations (Subdivision) Flashcards
The subdivision of land, or platting,
first appeared in the U.S. in 1660.
A subdivision
the division of land into two or more parcels, sites, or lots, for the purpose of transfer of ownership, development, or other forms of valuable interest.
This definition varies from state to state and may include minimum acreage requirements.
A plat
a map of a tract or parcel of land.
A replat
allows for lots to be subdivided further or added back together.
An amending plat
corrects errors or adds additional information to a plat.
A vacating plat
allows for a plat to be terminated prior to the selling of any lots.
A preliminary plat
a to-scale mechanical drawing with precise topography and prescribed intervals showing the calculated location of all lots, streets, drainage patterns, facilities, and proposed dedications.
A final plat
the approved preliminary plat with all bearing, monuments, curves, and notations, together with all dedications, easement, and approvals.
The purposes behind subdivision regulations are:
To regulate subdivision development and implement planning policies;
To implement plans for orderly growth and development within the city’s boundaries and extraterritorial jurisdiction (ETJ);
To ensure adequate provision for streets, alleys, parks, and other facilities indispensable to the community;
To protect future purchasers from inadequate police and fire protection;
To ensure sanitary conditions and other governmental services;
To require compliance with certain standards;
To officially register land.
In order to subdivide land, a property owner must work with the city or county to develop a plat. To plat a property, the following steps must be taken:
The applicant submits a preliminary plat;
A preliminary plat is reviewed by staff for compliance with subdivision regulations;
Plat is then reviewed by the planning commission;
Once the preliminary plat is approved by the planning commission, the property owner prepares the final plat;
Final plat then repeats the process above until it is approved by the planning commission.
extraterritorial jurisdiction (ETJ)
Subdivision regulations apply within the city limits, but they may also apply in the extraterritorial jurisdiction (ETJ). The ETJ is a distance outside of the city limits where the subdivision regulations apply. The distance is specified under state law and usually increases with population size.
A performance bond
an agreement between the property owner and the community to ensure that the final plat is built as shown on the drawings within a certain time period.
If the developer fails to meet the requirements, the government may use the bond to cover the cost of constructing the improvements.
The bond is released once the improvements are in place and have been inspected by the local government.
exactions, either in the form of dedication of land or payment in-lieu of dedication.
During the subdivision process, the property owner is frequently required to provide exactions, either in the form of dedication of land or payment in-lieu of dedication.
Dedications
are gifts of land for public purposes, such as roads, parks, and utilities.
Impact fees
are typically charged for off-site infrastructure that is needed to provide service to a development, such as a water or a sewer main.
