Real Estate Laws of Subdivisions

A subdivision is a technical term that means legally turning one parcel of property to more than one parcel of property. Before you are able to legally subdivide property, you must obtain permission and approval by the local government body which has authority over your premises. Subdivision approval requires compliance with state law and local ordinances.

Subdivision Ordinance

The local authorities in which you reside will have adopted a subdivision ordinance that provides important particulars and regulations regarding subdivision plans. If you reside in a city or town, then the town or city ordinance will use, but if you do not reside in the city or town, then the county ordinance will apply. Subdivision ordinances have both procedural and substantive requirements for how to subdivide your property.

Procedures

Most likely, your local subdivision ordnance will require that you submit a preliminary application for subdivision approval. The local authorities staff will then meet with you to discuss your program and to solve any issues with your program. Staff will then grant you preliminary plat approval, at which point the team will introduce your plat to the legislative body for final approval. Assuming the legislative body grants final approval to your subdivision plat, you will then have to record a duplicate of your subdivision plat from the local county recorder’s office. The subdivision usually becomes effective immediately once you record the plat.

Substantive Prerequisites

The local subdivision ordnance may also consist of substantive functionality that decides whether you’re eligible for subdivision plat approval. As long as you meet the requirements set out in the ordinance, neither city staff nor the legislative body is able to prohibit your subdivision plat approval. Maximum densities are required by Many subdivision ordinances. For example, in one part of town you may not be allowed to create individual lots which are smaller than half an acre, while other parts of the city may enable plenty as small as one-tenth of an earthquake. The subdivision ordinance may also consist of minimal withdrawal requirements, road dedication requirements, evidence or supply of adequate water and sewer service, adequate lighting plans, and curbs, sidewalks and gutters.

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