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.

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.

9 more sections follow in the full lesson.

Key terms

• Subdivision regulations: Rules governing the division of land into lots and the required infrastructure.
• Sketch plan: An early concept plan discussed before formal application.
• Preliminary plat: The detailed proposed layout of a subdivision reviewed for design and engineering.
• Final plat: The surveyed, recorded map that legally creates the lots.
• Performance bond: A guarantee that required public improvements will be completed.
• Dedication: The transfer of land or improvements to public ownership as a condition of approval.
• Fee in lieu: A payment made instead of dedicating land or building an improvement.
• Site plan review: Review of a single project's detailed layout for code compliance.
• Vested rights: The right to proceed under existing rules despite later changes.
• Development agreement: A contract fixing development standards for a period in exchange for public benefits.
• Negotiated exaction: An improvement or dedication agreed to in negotiation, beyond code minimums.
• Official map: An adopted map reserving locations for future public facilities.
• Covenants (CC&Rs): Private restrictions recorded with the deed and enforced by owners or an association, not by the city.
• Homeowners association (HOA): A private organization that enforces a development's covenants and maintains its common areas.