Subpart A. Subdivision General Regulations
The purpose of this Article III (Subdivision Regulations) is to promote, through proper planning, health, safety and general welfare by providing for the orderly subdivision of land in Henderson County. This Article III (Subdivision Regulations) is deemed necessary to:
- Establish procedures and standards for the subdivision of land;
- Provide for orderly growth and development;
- Protect and enhance property ownership and land values;
- Provide for dedication or reservation of road right-of-way;
- Assure the proper design and installation of roads and utilities;
- Assure proper legal description, identification and recordation of property boundaries to maintain an accurate, up-to-date land records management system;
- Promote environmental quality;
- Preserve areas of the County with productive soils for continued agricultural and forestry use by preserving blocks of land large enough to allow for efficient operation;
- Encourage the maintenance and enhancement of habitat for various forms of wildlife and to create new woodlands through natural succession and reforestation where appropriate;
- Minimize site disturbance and erosion through retention of existing vegetation and avoiding development on steep slopes; and
- Preserve open land, including those lands that contain unique (and sensitive) natural areas.
This Article III (Subdivision Regulations) is based on Comprehensive Plan goals and objectives. All land may not be suitable to be subdivided for the purpose of dense development due to:
- Severe topographic conditions;
- Inadequate road access;
- Distance from services;
- Unique natural areas;
- Soils that do not easily support soil drainage systems; and/or
- The proximity to existing and incompatible land uses/zoning
The reviewing agency should consider Comprehensive Plan goals and objectives when reviewing subdivisions.
A final plat must be prepared and approved when a subdivision of land occurs (See §42-342). Final plats must be recorded within 18 months of approval or they become null and void and must be re-approved by the appropriate authority.
No land disturbing or construction activity carried out in conjunction with the development of a subdivision shall begin
until a development plan has been approved.
Subdivisions shall be either: special, minor, nonstandard or major. Each type of subdivision includes subtypes:
- Nonstandard Subdivision Subtypes. Public utility (pump station, water tank, etc.), auxiliary lot (sign lot, common area, etc.) or cemetery lot (specifically excluding residential, commercial, office institutional, industrial or mixed-use).
- Special Subdivision Subtypes. Residential.
- Minor Subdivision Subtypes. Residential.
- Major Subdivision Subtypes. Residential, commercial, office institutional, industrial or mixed-use.
Two or more developments may be aggregated and treated as a single development under the Land Development Code when they are determined to be part of a unified plan of development and are physically proximate to one another. Each of the criteria listed below is indicative of a unified plan of development. Whenever one or more are found to exist, the reviewing authority may determine that two or more projects are part of a unified plan of development:
- There is a reasonable closeness in time between the completion of some or all of one development and the submission of an application for authorization of other development which is indicative of a common developmental effort;
- A master plan or series of plans or drawings exists covering the development sought to be aggregated;
- There is a voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments sought to be aggregated;
- There is a common advertising scheme or promotional plan in effect for the developments sought to be aggregated.
