Chapter 8

SUBDIVISION ORDINANCE

Article 1.

limited to the Shiloh Road Vision Plan and the Downtown Plan), or the Town's Design Standards, or that is not permitted by or in conformity with the Zoning Ordinance or other applicable provisions of the Windsor Municipal Code.

General Provisions

This Chapter is adopted to supplement and implement the Subdivision Map Act, §§ 66410 et seq. of the Government Code and may be cited as the Subdivision Ordinance of the Town of Windsor.

(Ord. No. 2009-253, § 2, 7-15-2009)

It is the purpose of this Chapter to regulate and control the division of land within the Town of Windsor and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Town Engineer, the Planning Director, the Planning Commission, and Town Council regarding the maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development; to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and services.

(Ord. No. 2009-253, § 2, 7-15-2009)

No land shall be subdivided and developed for any purpose that is not in conformity with the General Plan and any specific plan or local area plan of the Town of Windsor (including but not

The type and intensity of land use as shown on the General Plan, as supplemented by the Town's specific plans and area plans, shall determine the type and capacity of streets, roads, highways, utilities, and public services and improvements that shall be provided by the subdivider. (Ord. No. 2009-253, § 2, 7-15-2009)

• a. Applications generally. The regulations set forth in this Chapter shall apply to all parts of subdivisions within the Town of Windsor and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the Town shall be made and each map shall be prepared and presented for approval as provided for and required by this Chapter.

• b. Application fees. All applications required by and submitted pursuant to this Chapter shall be accompanied by the required fee, as set forth in a resolution adopted by the Town Council.

• (Ord. No. 2009-253, § 2, 7-15-2009)

• a. Lot depth and building envelope. In no case shall the depth of a lot created by a new subdivision be less than prescribed by the Town of Windsor Zoning Ordinance's Development Standards, exclusive of rights-of-way or easements necessary for road purposes. In no case shall usable building envelopes be less than prescribed by the Zoning Ordinance's Development Standards.

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• b. Lot width. In no case shall the width of a lot created by a new subdivision be less than prescribed by the Town of Windsor Zoning Ordinance's General Development Standards.

• c. Lot area. In no case shall the area of a lot created by a new subdivision be less than prescribed by the Town of Windsor Zoning Ordinance's General Development Standards.

• d. Corridor (flag pole) lots. Corridor lots shall not be allowed in new subdivisions, unless the appropriate decisionmaker finds that such lots further in-fill development objectives in a previously developed area, no other reasonable design alternatives are available that will further those objectives, and the resulting lot sizes will be compatible with those in surrounding areas. When a corridor lot is permitted, the minimum width of the "flag" corridor shall be twenty (20) feet, and the "flag" corridor shall not be included in the minimum lot depth and area calculations.

• e. Energy Conservation.

  1. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

  2. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

  3. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

  4. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall

be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot that may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

5. The requirements of this Section do not apply to condominium projects that consist of the subdivision of airspace in an existing building and that add no new structures.

6. For the purposes of this Section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

• f. Cable Television Service.

1. The design of a subdivision for which a tentative map or tentative parcel map is required shall provide appropriate cable television systems an opportunity to construct, install, and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. For the purposes of this Section, "appropriate cable television systems" means those systems franchised or licensed to serve the geographical area in which the subdivision is located.

   2. This Section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

• g. Access.

  1. The subdivision shall abut upon or have an approved access to a public street. Each

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unit or lot within the subdivision shall have an approved access to a public or private street.

2. Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the Town when required.

• h. Planned developments. Lots included in subdivisions proposed as part of a planned development, as provided for in the Zoning Ordinance, may deviate from the standards required by this section. In that case, lot design shall be provided for in a development plan as prescribed by the Town of Windsor Zoning Code requirements for Planned Development zones. Criteria for evaluating planned developments shall include, without limitation, elements of design or community benefit that, in the determination of the decisionmaker, are superior to those achieved through standard subdivision design. These elements include unique design features, creation of common open space, provision of amenities, and other features identified in the zoning ordinance. Provisions for long-term maintenance and management of common areas shall be in the form of an owners association or equivalent. Planned developments shall generally consist of five (5) or more lots.

• i. Water availability — Subdivisions of five hundred (500) or more units. Proposed residential subdivisions of five hundred (500) or more dwelling units shall demonstrate sufficient availability of public water per Section 66473.7 of the Subdivision Map Act.

• (Ord. No. 2009-253, § 2, 7-15-2009; Ord. No. 2024394, § 3(Exh. C), 11-20-2024)

• a. Policy on the use of remainders.

  1. Because they can result in "leap-frog" development, delays in the construction of

     • public improvements necessary to maintain existing service levels, and other detriments to the public welfare, use of remainders as part of tentative map submittals will be closely scrutinized for consistency with General Plan policies encouraging efficient and orderly development. Subdividers who include remainders in tentative maps must be able to show that development of the proposed subdivision will not interfere with the realization of those policies in the General Plan.

  2. Remainders may be used in conjunction with parcel and final maps when phasing of the final or parcel map is authorized by the approved tentative map and use of a remainder does not otherwise conflict with required conditions of approval for the tentative map.

• b. Depiction on tentative maps. Tentative maps for major and minor subdivisions shall depict remainders and clearly identify them as such.

• c. Depiction on final maps. Final maps for major and minor subdivisions shall depict remainders of less than five (5) acres. If a remainder is five (5) acres or larger, then the subdivider shall submit with the final map a separate map exhibit showing the location and boundaries of the remainder in relation to the subdivided property. The additional map exhibit shall show the remainder, list any conditions required for the remainder, and be recorded with the final map. The additional map showing the remainder shall not itself be a final map, and recordation thereof shall not extend any development rights conferred by Government Code sections 66498.1 or 66498.5 or by Sections 16-8-410 and 16-8-1235.

• d. Review for creation. All subdivision applications shall be subject to review to determine whether a remainder is created thereby and whether any such remainder is intended to be

(Supp. No. 53)

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ZONING CODE

17.02.040