Navigating Subdivision Regulations: A Key to Permit Expediting in Real Estate
If you own a parcel of land or want to start working on a development project, you should understand subdivision regulations and how they can impact your project. While zoning regulations can play a significant role in real estate development, subdivision guidelines can be just as important.
These regulations are designed to govern how land is divided, which may include everything from a basic lot split to developing new neighborhoods from farmland or pastureland. While zoning typically involves a small number of parcels, the regulating documents for subdivisions can affect the design of large communities and neighborhoods.
If your proposed development doesn’t adhere to the existing regulations, the public and nearby property owners can file disputes. These regulations are closely tied to permit expediting in real estate development. During the permit approval process, the public may have the chance to weigh in with their opinions on the project.
In this scenario, subdivision regulations may be discussed. Permit expediting professionals can help you navigate issues with local regulations and avoid development delays. They’ll also assist you in gaining approval for subdivision plats. This guide provides a comprehensive overview of land subdivision regulations and how they can impact projects.
What Is a Subdivision?
A subdivision is formed from the division or creation of a tract, parcel, or lot of land for sale or development. There are numerous types of subdivisions, which include residential, commercial, and industrial.
Subdivisions are important for urban planning. Communities use regulations to determine how large parcels of land should be divided into lots that people and companies can develop on. Urban planners must understand how the land will be divided to create effective and well-maintained communities.
The subdivision process might include the development of a sketch plan that highlights the layout of a lot as well as any provisions for public infrastructure. Once this process is completed, a more comprehensive preliminary plat can be made. This document identifies building footprints and measurements. The last step of this process involves creating a final plat that makes new lots. Urban planners are often involved in the development of subdivisions.
Purpose of Subdivision Regulations
When implemented correctly, subdivision guidelines can be highly effective. These regulations provide the following advantages:
- Encouraging planned subdivisions in an area by establishing design and improvement standards
- Minimizing the loss of agricultural land that’s still productive
- Preventing overcrowding on land while also reducing the amount of congestion that occurs on highways and streets
- Ensuring adequate air, space, and light in a manner that protects property values
- Promoting the efficient use of services and energy
- Safeguarding public and property owner interests
- Preventing the pollution of land, water, and air resources
- Ensuring equitable processing for all subdivision proposals that are made by developers and urban planners
- Establishing uniform standards and procedures
The Impact of Subdivision Regulations on Real Estate Development
Subdivision guidelines shape the design of communities by controlling the development of blocks, streets, and lots. If streets are too long, drivers may be prone to going over the speed limit. These regulations ensure that land doesn’t become overcrowded and that communities can grow without encountering hurdles along the way.
It’s important for developers and property owners to understand the subdivision rules for their area before getting started on a project. If a community is asked to allow development in a location that consists of several known hazards, it will need to consider these issues when reviewing a proposed project from a property owner or developer.
Subdivision guidelines allow communities to create new subdivisions after reducing hazards. For example, the community may be tasked with stabilizing slopes from landslides or protecting local wildlife. Developers can also receive incentives when starting projects, which include everything from density bonuses to cluster subdivisions.
When a property owner wants to develop a piece of land, they’ll likely need to adhere to these regulations. It’s highly recommended that you identify how these regulations apply to your proposed project. If the planning department requires you to make improvements to landscaping, sewer systems, or roads, you may be responsible for bearing all the costs. If additional maintenance is needed, your project timeline could be delayed significantly.
Key Components of Subdivision Regulations
Among the most important aspects of the subdivision guidelines is to make sure that the developer makes public improvements before starting work on the project. Public improvements can include everything from sanitary sewers to drainage enhancements. Developers are often required to purchase bonds that guarantee these improvements will be made before the lots are sold.
The municipality that maintains these regulations can choose to inspect the public improvements to make sure that they meet construction standards. If an improvement passes inspection, the municipality will accept it. The local ordinance should include details about the consequences a developer faces if they don’t perform the necessary improvements.
When new subdivisions are created, developers set the layout for the neighborhood, which involves everything from building the utilities to drawing blocks. The work a developer does during this process is governed by the regulations as well as local zoning codes. The purpose of this process is to maximize profits, which means that the final design may not meet the needs of the people who eventually live in the neighborhood.
Subdivision rules control everything from lots and blocks to streets. Older regulations may not focus on walkability, which means that the maximum block lengths can go as far as 1,500 feet. Modern neighborhood blocks are limited to around 300-650 feet. Keep in mind that shorter blocks allow residents to move from place to place without issue. Traffic also flows better by ensuring that vehicles don’t funnel into one street.
When a neighborhood is comprised of long blocks and disconnected streets, it will take much longer for people to move from place to place. While every city includes rules for lots, blocks, and streets within their subdivision guidelines, these rules can vary.
These regulations also establish easements, parks, and public rights-of-way. For example, a municipality may require 5% of the land to be dedicated to parkland or open space. The widths of easements and public rights-of-way will be included in these documents to guide developers.
The Role of Developers and Permit Expediting
When working on a subdivision project, developers must comply with all regulations in their municipality. By understanding regulations before submitting the sketch plat and preliminary plat, you can avoid a lengthy approval process.
Approval of a preliminary plat should give you confidence that you’ll receive final plat approval. However, if you submit a plat that doesn’t meet the necessary regulations, you may be tasked with making changes that delay approval. Engage with local planning authorities early in the project to avoid rejection of your sketch plat or preliminary plat.
Walkability and Connectivity in Subdivision Design
If you’re trying to update the regulations in your district, make sure you focus on walkability to increase the appeal of your community. All sidewalks, trails, and streets should connect to parks, libraries, schools, and public improvements. Maintaining these connections allows for more efficient transportation.
As touched upon previously, longer blocks make it more difficult for residents to get where they’re going by walking. Shorter blocks that are connected by streets, sidewalks, and trails should offer ample walkability. Creating walkable neighborhoods may help you gain project approval faster. Otherwise, you may be tasked with creating additional public improvements that only serve to delay your project.
Challenges of Disconnected Streets and Cul-de-Sacs
Some of the challenges that come with adhering to subdivision regulations involve cul-de-sacs and limited connectivity. While these regulations can differ from city to city, most of them include sections that focus on permanent dead-end streets.
While developers typically like cul-de-sacs because they allow for more privacy and attract a premium from buyers, they aren’t safer. The lack of connectivity in a cul-de-sac makes it more likely that vehicles can accidentally hit people when backing out of a driveway.
The main issue with cul-de-sac designs is that they must follow International Fire Code regulations. For example, dead-end streets that are longer than 150 feet must include enough space for fire trucks to properly turn around, which means that a roundabout should have a 96-foot diameter.
If dead-end streets are longer than 500 feet, they must also be 26 feet wide. The standard width of streets is 20 feet, which means that lengthy dead-end streets are more expensive to create and maintain. They can create issues with traffic patterns and damage community satisfaction. You can mitigate this issue by only including dead-end streets that are less than 150 feet long.
Advocating for Better Subdivision Regulations
While developers and city planners typically have a thorough understanding of zoning regulations, subdivision guidelines are often confusing and difficult to comprehend. However, it’s important to understand that these regulations aren’t set in stone. It’s possible to modify them with assistance from other developers as well as the broader community.
When seeking better regulations, focus on building coalitions with local stakeholders, which include urban planners and public health advocates. As mentioned previously, poorly implemented regulations can negatively impact walkability and damage the health of the community. Identify the aspects of the regulations that center on walkability before you propose regulatory changes to local leaders. These changes can help you expedite the permitting process and allow you to start your project without a lengthy delay.
Conclusion
Subdivision regulations are designed to control how land is divided for sale or development. Before completing a major development project, you’ll need to make sure that your building plans and project goals align with the existing regulations. When you take part in the permit approval process, you may also need to seek subdivision approvals depending on the scope of your project.
With the help of a professional expediter, you can identify potential issues early on and correct them before you submit any permit applications. The subdivision approval process is open to the public, which is why it’s important for developers and community members to engage in it if they want their voices heard.
Jason Somers, President & Founder of Crest Real Estate
With over 15 years of professional experience in the Los Angeles luxury real estate market, Jason Somers has the background, judgement and track record to provide an unparalleled level of real estate services. His widespread knowledge helps clients identify and acquire income producing properties and value-ad development opportunities.
Learn more about Jason Somers or contact us.
