If you have a relatively large tract of land you may have considered selling off a piece of it to a developer or perhaps developing the property yourself for future sale.
When a landowner divides land into two or more parcels for the present or future purpose of construction, leasing, or transfer of ownership, this process is called subdivision. In Pennsylvania, subdivisions are governed by the Pennsylvania Municipalities Planning Code. The Code grants the local governing body, or where delegated, the local planning agency, the power to regulate subdivisions.
While not required to do so, most municipalities have adopted subdivision and land development ordinances. So, for example, if a landowner with a five-acre tract wishes to sell two acres from it, he must comply with all requirements of the subdivision ordinance and obtain the approval of the municipality.
There are a number of initial considerations to be addressed prior to seeking such approval. First, is the land capable of being subdivided or developed? If there is a restriction against subdivision in the deed to the property, the process may end there. If not, the next step would be to determine if the land is located in the proper zoning district for such an undertaking. There may be restrictions in the municipality’s zoning and/or subdivision and land development ordinances against a particular use of the property or subdivision of the tract if the resulting lots would be too small.
The landowner will submit to the municipality a subdivision application including a plan prepared by an engineer showing the new property lines and the improvements proposed. Among the issues that may arise in the subdivision plan review process are aspects of zoning, streets, sanitary and storm sewers, landscaping, sidewalks, and curbs, to name a few.
Depending on the size and complexity of the subdivision, the developer may need a variety of legal services, such as negotiations with the municipality for tentative, preliminary, and final approval of the subdivision plan, preparation of an agreement of sale, deeds of dedication, easements, a subdivision and land development financial security agreement, an agreement with the Municipal Authority, homeowners’ association documents, etc. Each municipality has its own procedures on submission of applications and plan review; an attorney familiar with the municipality’s policies will save the landowner time, aggravation, and expense.
– Denise Ciampitti