The need and purpose for establishment of suitable controls for the development of new land areas in and about our cities has been well stated by the Housing and Home Finance Agency in its publication, "Suggested Land Subdivision Regulations", and the following is a quotation from that publication:
The regulations of land subdivision for residential and other uses is widely accepted as a function of municipal and county government in the United States. It has become widely recognized as a method of insuring sound community growth and the safeguarding of the interests of the homeowner, the subdivider, and the local government. The business of building a city, and this includes its environs, requires the safeguarding of these interests and the assurance that residential land subdivision will provide permanent assets to the locality. A large part of land subdivision and development continues to occur in unincorporated areas, and so the regulations of land subdivision is of as great a concern to unincorporated areas as it is to incorporated areas.
Subdivision regulations should prevent excessive governmental operating costs. At the same time, they should assure to the maximum degree possible the means whereby land can be developed for the highest possible use with all of the necessary protections against deterioration and obsolescence.
Regulations for control of land subdivision are instruments of local government which require the greatest amount of cooperation between the landowner who wishes to subdivide and the municipality or county within which such subdivision is to take place. This manual is intended to provide common grounds of understanding and a sound working relationship for both the government officials interested in and responsible for sound community development and the landowner who intends to subdivide for whatever purpose.
The subdivision of land is a technical and business venture which not only affects the immediate return to the investor in land and the value of the land on which he may wish to build, but it also involves for the local government specific items of cost and income for the years to come which must be weighed at the time that a subdivision is under consideration.
This publication is expected to help guide the preparation of the regulations which a locality may wish to adopt. It covers the technical elements of land subdivision control designed to assure the maximum return on the local government's investment, and at the same time to assure the subdivider full consideration of his interests and responsibilities.
In order to understand the objectives of subdivision control regulations, it is first necessary to recognize that a wide variety of interests are concerned and that these interests will vary in intensity from community to community and in relation to different subdivision proposals within a community. Brief consideration of some of those interests and their relation to each other will facilitate the use of this manual.
THE LANDOWNER OR DEVELOPER
A subdivision proposal or project is initiated by the owner of the land or by a builder-developer or real estate operator who has a financial interest in the development, sale or lease of the subdivision in whole or in part. Such sale or lease involves business transactions between the subdivider and his client and the subdivider and the local government. While the financing of such business transactions may take an infinite number of forms, the ultimate objective is the same: the disposal of the subdivided land at a profit to the owner or developer. Therefore it is mandatory that subdivision regulations recognize the fundamental financial interests of both the seller and the purchaser and that such regulations do not impose undue hardships which would impair land salability.
THE INVESTOR
The investor in land may be an individual purchaser of one or more lots, a mortgage bank, an insurance company, or an agency of the Federal Government which acquires financial interest, either through mortgage insurance or other means. It is to the interest of these investors that the subdivision is not only financially feasible, but that there should be a certain guarantee of the continuing success of the project in order that there may be a continued return on the investment and in order that satisfactory interest rates and amortization charges may be levied. It is important to recognize also that generally the life of a subdivision is as long as the life of a city and that, during this indefinite and extensive period of years, properties are continually changing hands and investments are continually being made in land and buildings. It is to the community's best interests, including the interests of both private enterprise and local government, to see that every subdivision is so well designed and constructed that it does not ultimately become a charge against the community and that it does not become a liability instead of an asset, thus adversely affecting the local tax base.
One of the errors committed in the past by local governments in the management of the subdivision development process has been the lack of recognition of the long-term responsibilities involved in the platting of land and the laying out of streets and other facilities and services. A quick sale may provide for a quick profit to the subdivider. However, this gain may be offset by the cost to the community of installing facilities that require increased taxation.
The wise real estate operator, investor and public official will take these matters into consideration from the very beginning.
THE HOMEOWNER
To the homeowner, sound subdivision regulations provide a protection of his special interest from the beginning. The safeguarding of the character of a development, through provisions of adequate block design, street layout, lot layout, and the provision of adequate utilities and community services, supplies a stability to the value of the homeowner's investment and safeguards his family life. Too often we have seen evidences of deterioration of neighborhoods because of bad platting and inadequate subdivision and zoning protection.
As the costs of municipal management rise, it becomes more and more important that we provide means of stabilizing residential values. The constant movement of people from one neighborhood to another and the loss of value can be minimized by the development of sound and attractive neighborhoods.
THE LOCAL GOVERNMENT INTERESTS
There are several governmental officials responsible for an interest in land subdivision in every community. There is no attempt here to provide an exhaustive listing. However, it is essential to indicate wherein responsibilities may lie and where there will be interest in the use of this manual. Both in the drafting of subdivision regulations and in their administration it is important, of course, for local government interests to exercise judgment and care in order to assure that all their standards and requirements are appropriate. In all cases these standards should be reasonable and equitable in the interest of the developer, investor and homeowner, as well as the local government.
(Ord. 69-24-0)