Subdividing Your Property

From time to time clients ask us to represent them in connection with subdividing a property into two or more separate parcels. Exactly what is subdivision and how is it accomplished?

In its simplest form, subdivision is the division of a single tract of land or “lot” into smaller parcels. For the most part this process is regulated at the local level, either by the borough, township or city, depending upon the form of local government prevailing where the land is situated. Virtually all municipalities have adopted subdivision and land development ordinances as well as zoning ordinances. These laws establish the ground rules for the subdivision process.

Suppose you own a two acre rectangular tract with a house constructed on the left half of the rectangle and you want to “carve off” the right half of the tract for another dwelling. This would create two lots each one acre in size. Can you do it? Well, that depends. A number of preliminary issues must be considered:

• Lot Size: Virtually all zoning ordinances specify a minimum lot size for the zoning district in which the tract is located. In our example, if the minimum lot size for your district (assume it is a residential district) is 50,000 square feet of land area, you would be out of luck. Since there are 43,560 square feet to an acre, you would be creating two undersized lots — a violation of the ordinance. Your subdivided lots must each meet the district’s minimum lot size requirement. Even if you were to carve off a lot of 50,000 square feet, the remaining lot would still be undersized in our example.
  
  
• Building Coverage and Yards: Assuming you can satisfy the minimum lot size requirements, be mindful that if you intend to build on the “new” lot, the footprint of your proposed structure must fall within the coverage and yard requirements (the “building envelope”)of the zoning district. Typically, a building can only occupy a specified percentage of the surface of the lot (sometimes as little as 25%), and each “yard” (most codes specify a front yard, two side yards and a rear yard) must also be of a specified minimum size. Typically, front yards (between house and street) are usually the largest, side yards can be fairly minimal in most cases, and rear yards somewhere in between. If you cannot fit your desired structure within this building envelope, the subdivision will be pointless.
  
  
• Sewer and Water: Especially in residential districts, the availability of sewer and water to serve the new lot is critical. If there is public water and sewer, this usually is not a problem, but if “on-site” systems (septic field and well) are to be used, you must investigate whether these on-site systems can be located on the property. This will involve testing the soils for amenability to on-site sewer and also determining if a viable well can be drilled. Health Department permits will be required.
  
  
• Access/Road Permits: Another issue to be addressed is making sure that the new lot has free access to an existing public road. You cannot create a landlocked parcel. If the road adjacent to the site is a state or federal highway, special permits from the Department of Transportation, allowing entry at your location, may be required.
  
  
• Municipal Review: As you are beginning to sense, even a “simple” subdivision is no longer quite so simple. You must submit your engineered plans to the municipality with your subdivision application (and fees) and first take your proposal before the local planning commission. The planning commission is an advisory body which makes design suggestions and recommendations which often result in the need to revise your plans. Once the planning commission has given its blessing, your plans go before the governing body of the municipality, typically the supervisors, commissioners or similar officers. They, along with the township engineer, may have additional comments and revisions for your plan. The entire process can take several months and can encompass several public hearings.