Lesson 4 - Land Use Regulations (Subdivision)

Question 1

Platting

Answer 1

The subdivision of land, or platting, first appeared in the United States in towns in 1660. Candidates should be familiar with the process of platting land.

Question 2

Subdivision

Answer 2

the division of land into two or more parcels, sites, or lots, for the purpose of transfer of ownership, development, or other form of valuable interest. This definition varies from state to state and may include minimum acreage requirements.

Question 3

Plat

Answer 3

a map of a tract or parcel of land.

Question 4

Replat

Answer 4

allows for lots to be subdivided further or added back together.

Question 5

Amending plat

Answer 5

corrects errors or adds additional information to a plat.

Question 6

Vacating plat

Answer 6

allows for a plat to be terminated prior to the selling of any lots.

Question 7

Preliminary plat

Answer 7

is 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.

Question 8

Final plat

Answer 8

the approved preliminary plat with all bearing, monuments, curves, and notations, together with all dedications, easement, and approvals.

Question 9

Purpose of subdivision regulations

Answer 9

1. To regulate subdivision development and implement planning policies;
2. To implement plans for orderly growth and development within the city’s boundaries and ETJ;
3. To ensure adequate provision for streets, alleys, parks, and other facilities indispensable to the community;
4. To protect future purchasers from inadequate police and fire protection;
5. To ensure sanitary conditions and other governmental services;
6. To require compliance with certain standards as conditions and other governmental services;
7. To officially register land.

Question 10

Steps to plat

Answer 10

1. Applicant submits a preliminary plat;
2. Preliminary plat is reviewed by staff for compliance with subdivision regulations;
3. Plat is then reviewed by the planning commission;
4. Once the preliminary plat is approved by the planning commission, the property owner prepares the final plat;
5. Final plat then repeats the process above until it is approved by the planning commission.

Question 11

Extraterritorial jurisdiction (ETJ)

Answer 11

The ETJ is a distance outside of the city limits where the subdivision regulations apply. The distance is specified under state law.

Question 12

Performance bond

Answer 12

A performance bond is 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.

Question 13

Exactions

Answer 13

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 sewer main.

Question 14

Subdivision bonuses

Answer 14

While cities may require dedications and impact fees, they may also offer subdivision bonuses. A subdivision bonus is the extension of development benefits beyond those normally offered in exchange for enhancements such as affordable housing, cluster housing, and open space preservation. The developer may receive assistance with infrastructure, impact fees may be waived, or the ability to construct at a higher density may be granted.