PHYSICAL DEVELOPMENT

Part 1Basic Subdivision/Allotment

Definitions

SUBDIVISION

The division of land into two or more tracts, blocks, parcels, or lots for the purpose of sale, resale, development, or other form of valuable interest, including the re-subdivision of land

PLAT

A survey map of development including all the necessary bearing and monument necessary to accurately locate any point within the surveyed area

Sketch Plan

A to scale hand drawing of the land development showing the basic terrain, lot, and street layout

Plat - Preliminary

A to scale mechanical drawing with precise topography and prescribed intervals showing the calculated location of all lots, streets, drainage patterns, facilities, and proposed dedications

Plat - Final

The survey reproduction of the approved preliminary plat with all bearing, monuments, curves and notations, together with all dedications, easement and approvals

A Reservation

A notation on the final plat that a specific portion of the land will be set aside for future government purchaseA notation on a final plat that a permanent easement has been retained for the use and enjoyment of those entitled by deed to use this land for a specific purpose

Dedication

A gift, together with the land owner’s offer to transmit, of land to be used for a public purpose Roads and streets Utility lines Parks Trails

Exaction

A demand by the government that the developer either dedicate certain property or monies for public use to hold the project harmless from public obligation. Exactions must be roughly proportionate to the impact of development

Impact Fee

A form of Exaction Fees contributed to offset the

proportional cost of off-site development impacts

Subdivision Bonus

An offer to extend development benefits beyond those normally offered in exchange for enhancements Affordable housing Cluster housing Open space retention

MONUMENTED AREA

Lecture Overview

History of Subdivision ProcessPurpose of Physical Development RegulationsThe Players in the ProcessThe ProcessRules and RegulationsLayout and Design

History

Platting, or allotment, is an ancient science probably originating with the first serious attempts at elementary trigonometryIn the U.S., plats of towns and additions to town first appeared in 1660Law of the Indies

Frederica, Georgia

Lexington, KY – Deed of Plat

"The following is the plan of the town of Lexington as laid out by Jesse Henley, Esq., Nehemiah Hunt and William McFarland, within the County of Jefferson, Indiana Territory, being a part of the Southeast Quarter of Section 33, and part of the Southwest Quarter of Section 34, Township S North, Range S East. Each street in the town of Lexington to be 60 feet in breadth, each alley to be 10 feet in breadth, to remain as open and common highways forever; and Lots No. 27, 28, 33, 34, 39, 40, 45 and 46 to be and remain for the purpose of erecting any public building or sinking a well for the public benefit; provided also that no part shall ever be appropriated as a burying ground, nor subject to being disposed of by any person, but to remain forever for the express purposes granted. Each lot 90 feet in breadth and 180 feet in depth. Given under our hands the 1st day of June, 1813. Jesse Henley, William McFarland, Nehemiah Hunt."

Lexington, KY Plat of Town

Modern History

Process moves to regulatory stage at the same time zoning is given constitutional approval – 1926Developed as an “approval process” during the 1930sIn 1940s – the relationship to the official map

Relation to Mapped Streets

Purpose

Provide a coordinated, unified system of town developmentProvide a universal set of development standardsPublic and consumer protectionOfficial registration of landRegulatory and review process for quality controlLand form design and intelligent layout

The Players in the Process

The landowners and the ripening processThe developersSurveyors and engineerThe planners and the governmentThe public – holding them harmless

The Process – the Conference

Information ExchangeBasic market planBasic site selection criteriaThe pre-conditional checklist Resources and habitat Utilities, roads, and facilities Preliminary evidence of feasibility

Diversion – Short Plats/Splits

Many minor developments are fast-tracked Lot splits are usually allowed if they

result in two conforming lots an create no new street or easements

Minor subdivisions are usually allowed (5 or less lots) with no new streets

Consent agenda

The Sketch Planning Process

The sketch plan reviews, at a conceptual level, the physical design characteristics of the proposal based on the standards set forth in the subdivision regulations

Basic Sketch Process

Sketch Process - Topography

Sketch Process - Drainage

Sketch Process - Cover

And, Voila! – The Final Sketch

Preliminary Plat

A scaled – non surveyed, mechanical map of the proposed layout (including context) Precise Topo Lots Prominent features Streets Facilities

Preliminary Plat

Prelim Plat Procedure

Staff reviews for concept changesStaff reviews for compliance checkDeveloper makes changes or the argument beginsDeveloper resubmits and the plat is precise checked

WARNING

The following picture was inserted for some levity – it is a bit off-color. However, it does show the problems of changeable signs near schools. If you are easily offended, skip over it!Keller

Short Reality Check

What About Developer Rights?

Zoning commands strong property rightsSubdivision is SALES! They are selling lots to the public. They have about the same level of protection as a used car salesperson

Returning to the Process

The preliminary plat is routed to the review teams Engineering Parks and Rec. Utilities Fire Protection Others Schedule for agenda review

Planning Commission

Developer PresentationStaff ReportPublic CommentEngineering ReportPlanning Commission changes and modificationsDeveloper rebuttal

Final Plat

If the developer accepts all changes and recommendations, the final survey process beginsThe final plat is submitted to staff for a compliance checkThe plat is reviewed by engineering and mapping for technical errors or omissions

Approval

The planning commission must accept the final plat if: All changes and modifications from

the preliminary plat are completed The staff report indicates that there

are no substantial changes No exceptional or extra-ordinary

information has come to light since the preliminary plat was reviewed

Implementing Exactions

The developer is required to install and certify correct operation of all infrastructure required to complete the project before building permits will be issuedDeveloper often required to post a method of assurance that facilities are installed to public specifications

Funding – Special Obligations

The role of the government – full faith and creditThe role of the engineer – cost estimation and inspectionBond CounselDisbursal of fundsTypical repayment periods

Typicals per lot

Streets – compacted based, 6” concrete with curbs @ 26’ wide $4 per sq.’ @ $104 linear ft’ Typical lot has 90’ frontage Base cost = $9,360 per lot Concrete cost = $3,551 Prep. Grading = $4,378 Engineering + inspection = $1,431

Sidewalks

Cost basis - $2 sq. ft. 4” thick on sand base $8 per linear ft’ @90’ Cost = $720 per lot $364 concrete $356 prep., forming, base

Sewer

Calculated on a 120 lot unit with 8” inch interceptor and 2,000 gal pump and hold lift, and: Minimum rock soils 8’ to 18’ trench No exposed crossings 14 manholes 5,000 psi compaction

Sewer Cost

Cost basis 90’ of 8” PVC = $31/foot - $2790 or $1395

for cross lot connection Trenching and compaction @ $6 per cubic

yard = 30 cu. yds x 9 cu. yds – or $1620 for cross lot

Proportion cost of lift per lot 1,000 Connection charge - $1250 Impact fee $860 Total cost = $6125

Sample Benefit Charge

$27,000 @ 5% for 10 years # of payments = 120 Cost per payment = $286.38 $34,365.23 total repayment

Sample Cost

$200,000 home with 30% down with a 30 year note @8.75% $140,000 loan value $1101.38 per month $396,496.80 total repayment Add specials $286.38 Total monthly payment = $1,387.76 Yearly income required = $66,576

Affordable Income Guideline

Affordability

At the end of 1999, the state's estimate of median household income was $64,795. My analysis of first-time buyers assumed they had incomes at 70 percent of median - $45,356 - put 10 percent down, and bought houses worth 85 percent of the median price.

Affordability Index