Definitions. Unless otherwise expressly stated, the
following words shall, for the purpose of this chapter, have the meanings
herein indicated:
ACCESSWAY
A right-of-way which provides common vehicular and pedestrian
access to a property or properties extending not more than 400 feet
from a street to a dead end.
ALLEY
A strip of land on which there is right-of-way, municipally
or privately owned, on which no dwelling or stores front, serving
as the rear entrance to two or more properties.
APPLICATION FEE, SUBDIVISION
A nonrefundable fee to be paid by an applicant for review
of a land subdivision plot at the time of submission of a plot plan.
APPLICATION, SUBDIVISION
An application to be submitted by any person or corporation
desirous of obtaining approval of a land subdivision plot located
wholly or partly within the City of Harrington or in the case of an
area proposed for annexation of the City of Harrington.
APPLICATION, SUPPLEMENTAL
An application required as each deferred section of a subdivision
is proposed for recording, applicable only in respect to a subdivision
which is proposed for recording in sections.
APPROVAL, PRELIMINARY
That approval by the Planning Commission, and subsequently
by the City Council, of the preliminary subdivision plan, after submission
to the Planning Commission of the report of the City Engineer, report
of the applicant's engineer and preliminary subdivision plan and after
necessary action by the Planning Commission. Preliminary approval
is a prerequisite as authorization to proceed with development of
the final subdivision plan and improvement construction plans for
any section to be recorded.
[Amended 12-15-2008 by Ord. No. 08-07]
CERTIFICATE OF COMPLETION
Certification to the developer that all provisions of the
subdivision regulations and other applicable codes of the City of
Harrington have been fulfilled as required.
CERTIFICATE OF OCCUPANCY
Certification by the City Manager and/or his/her designee
or City representative of the City of Harrington that there has been
full compliance by the developer with the subdivision regulations
and all other applicable ordinances of the City of Harrington, and
dwelling houses or buildings located upon a lot may be conveyed by
the developer and/or occupied by the grantee.
COMPLETION GUARANTY
A bond or deposit of funds or securities in escrow, payable
to the City of Harrington in an amount of 150% of required improvements,
as estimated by the City Engineer and conditioned by their satisfactory
completion within the time specified in the construction permit or
an approved extension thereof.
CROSSWALK
A right-of-way, municipally or privately owned, 10 feet or
more in width, which cuts across a block in order to improve pedestrian
access to adjacent streets or properties.
CUL-DE-SAC
A residential street having one end open for public vehicular
or pedestrian access and the other end terminated by a circular vehicular
turnaround.
DEVELOPER
An individual, group of individuals or corporation having
intent to subdivide a lot, piece or parcel of land for the purpose
of transfer of ownership or leasehold or building development. In
the case of lots, pieces of parcels of land not located within the
corporate limits of Harrington, and when such are to become a part
of the corporate limits of Harrington, as provided in the statutes
of the State of Delaware, the developer shall be the individual, group
of individuals or corporation designated by the majority of the owners
of the lots, pieces or parcels of land, as recorded in the office
of the Recorder of Deeds in and for Kent County.
EASEMENT
A grant by a property owner to the City, the public, a corporation
or a person or persons of a right to the use of a strip of land.
ENGINEER OF THE CITY OF HARRINGTON
A qualified employee of the City of Harrington, so designated
by the City Council, or a professional engineer registered by the
Delaware Association of Professional Engineers, appointed by the City
Council.
HIGHWAY SPECIFICATION
Specifications for highway improvements of the City of Harrington
or standard specifications of the Delaware State Department of Transportation.
IMPROVEMENT
Grading, paving, curbing, drainage, streetlights, street
signs, fire hydrants, water infrastructure, sanitary sewer infrastructure
and other street improvements, including, where specified by the City
Council, sidewalks, crosswalks and off-street parking paving.
IMPROVEMENT CONSTRUCTION PERMIT
A permit authorizing improvements to be constructed in accordance
with the terms and conditions of approved construction plans and specifications.
LOT
A portion of a subdivision or other parcel of land intended for transfer of ownership or leasehold or for building development and being a parcel of land occupied by one building devoted to a principal use and the accessory buildings or uses customarily incidental to the principal use, including such open spaces as are arranged and designed to be used in connection with such buildings and in compliance with Chapter
440, Zoning.
PLAN, AS-BUILT
A plan prepared by a registered engineer, showing the actual
location of all streets, curbs (with elevations at intersections),
sidewalks, water infrastructure, sewer infrastructure, storm sewers
(sizes and inverts), laterals, etc. Information for location of utilities
shall be supplied by the City Manager and/or his/her designee or City
representative or the City Engineer.
PLAN, IMPROVEMENT CONSTRUCTION
A plan prepared by a registered engineer showing the construction
details of a proposed improvement in accordance with an approved subdivision
plan.
PLAN, PRELIMINARY SUBDIVISION
A subdivision plot plan (drawn to scale) in the course of
development from a tentative sketch, showing topography, layout of
lots, streets, open spaces and other pertinent features.
[Amended 12-15-2008 by Ord. No. 08-07]
PLAN, SUBDIVISION
A properly certified plan, prepared by a registered land
surveyor, showing lot lines and areas, deed restrictions, easements,
right-of-way lines and other information pertaining to the lots and
the street on which the lots abut in a proposed subdivision for recording
in the office of the Recorder of Deeds in and for Kent County.
RIGHT-OF-WAY
The dedicated width of a street, alley, accessway or crosswalk.
STREET
A general term used to describe a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel and furnishing access to abutting properties and space for
sewers and public utilities.
[Amended 12-15-2008 by Ord. No. 08-07]
(1)
RESIDENTIAL (URBAN)A street used primarily as the principal means of access to adjacent residential properties.
(2)
SECONDARYA street serving primarily as the principal means of transportation between neighborhoods or as a feeder road for through highways.
SUBDIVIDER
Any individuals, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or herself or for another.
SUBDIVISION
The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development,
or, if a new street is involved, any division of a parcel of land.
The term includes resubdivision and, when appropriate to the context,
shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION, MINOR
A lot, parcel or piece of land to be divided as in subdivision
regulations but for and/or to which all improvement requirements as
required under this chapter have previously been made.