Subdivision and development review

Learning objectives

• Explain what subdivision regulations govern and how they differ from zoning.
• Put the steps of subdivision approval in order, from sketch plan to recorded final plat.
• Describe improvement guarantees such as performance bonds, and the role of dedications.
• Explain site plan review and how staff assess a proposal for consistency with the plan and code.
• Explain vested rights, development agreements, negotiated exactions, and the official map.
• Distinguish private covenants and homeowners associations from public regulation.

Key concepts

What subdivision regulations do

Zoning controls what can be built on a lot and how big it can be. Subdivision regulations control how land is divided into lots and the infrastructure that serves them: streets, sidewalks, water and sewer lines, stormwater systems, and sometimes parks and school sites. Authority for subdivision control usually comes from state enabling legislation, and many states' laws trace back to the 1928 Standard City Planning Enabling Act. Early subdivision rules mostly made sure plats were accurately surveyed and recorded. After the land boom of the 1920s left thousands of lots with no streets or utilities, they grew into today's requirement that developers build the infrastructure their lots need.

Subdivision rules protect future residents and the public: they make sure lots are buildable and legally described, that streets connect and meet standards, and that the developer, not taxpayers, pays for the local improvements the development needs.

11 more sections follow in the full lesson.