Subdivision Regulations

Municipal ordinances that govern the division of land into smaller building lots and the subsequent development of the land.

Subdivision regulations are intended to facilitate the orderly conversion of vacant land to developed land and to ensure that the new developments are compatible with surrounding regulations is the provision of utilities and new streets and their relationship to the existing utility and street networks as well as to any future planned streets or facilities. Subdivision regulations also govern site design, including the layout of the street system, the length and width of streets and blocks, the location of each lot, and the location and design of open space and recreational facilities. Other areas that may be governed by subdivision regulations are landscaping requirements, floodplain requirements, and the provision of sidewalks and street lighting.

Regulations also typically specify the amount of and manner in which land is to be dedicated to the local government, or otherwise reserved, for necessary public purposes, such as open space, as well as the payment of fees in lieu of parkland dedication. Regulations may, subject to specific enabling authority, specify payments toward the construction of major municipal facilities, such as new sewage treatment plants. In addition, subdivision regulations contain detailed procedures governing the entire subdivision process, including the manner in which application may be made to subdivide, the method by which subdivision review is conducted and the payment of fees.

Transfer of Development Rights (TDR)

A land management device by which the development potential of one piece of property is served from that property and transferred elsewhere. The concept views the right to develop property as a part of the bundle of rights comprising land ownership that may be transferred to others, leaving the property owner with all remaining rights of ownership.

TDR is used most commonly to protect historic sites, environmentally sensitive areas, key open space parcels or agricultural lands. Ideally, TDR attempts to mitigate the economic burden of requiring a single property owner to bear the cost of preserving a particular site or landmark structure without incurring the public cost of acquiring (by purchase or eminent domain) a conservation easement or similar interest in the property. However, the use of TDR as a constitutional means of limiting or restricting development has been subject to mixed judicial acceptance.

TDR programs have been proposed or adopted in a variety of areas of the United States, most notably the cities of New York State communities, particularly on eastern Long Island.

Zoning

An exercise of the policy power in which utilization and development of privately owned land is regulated through the division of a community into various districts and the specification of permitted and/or prohibited uses for each district. Zoning also controls numerous aspects of development, required lot size, required yard sizes and parking requirements.