A.
Submission. Subdividers of a major subdivision or
Planned Residential Development shall submit a sketch plan of the
proposed subdivision to the Planning and Zoning Commission[1] prior to submitting a preliminary plan to enable the Planning
and Zoning Commission and subdivider to conduct an informal
review of the site plan for general scope and conditions affecting
the final plan. No application or fee shall be required for review
of a sketch plan. The subdivider shall file six copies of the sketch
plan in the office of the Building Inspector no less than 45 days
prior to the date of review by the Planning and Zoning Commission.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
B.
Contents. The sketch plan shall:
(1)
Show the following:
(a)
The entire perimeter of the subdivider's property.
(b)
The geographic area to be subdivided.
(c)
A location map showing the location of the subdivision
in relation to the surrounding area.
(d)
The name of the subdivision.
(e)
The name and address of the owner of record.
(f)
The consent of the owner of record.
(g)
The scale of the drawing and true North arrow.
(h)
Area, in square feet, of the subdivision.
(i)
The Federal Insurance Rate Map Zone Classification.
(j)
A general plan of all lots, streets, easements
and areas for recreation.
(k)
All lots consecutively numbered.
(l)
All existing ditches, watercourses and bodies
of water.
(m)
All areas designated as wetlands by the current
State Wetlands Map.
(n)
Existing drainage facilities outside the subdivision
that will be used as part of the drainage of the subdivision.
(o)
A description of lot with photos showing location
of all trees on the property.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
(2)
Bear the words "sketch plan."
C.
Drawing requirements. A sketch plan need not be drawn
by or sealed by a professional land surveyor or professional engineer
but shall be drawn to scale. The scale shall be in accordance with
specifications established by the Building Inspector. In the case
of a large subdivision requiring more than one sheet, a single sheet
showing the entire property shall accompany the submission.
D.
Planning and Zoning Commission[3] action. The Planning and Zoning Commission shall review
the sketch plan with the subdivider with primary regard to conformance
with all Town codes and ordinances, applicable state and federal regulations
and the compatibility of the proposed subdivision with abutting developed
or undeveloped lands. No sketch plan shall bear formal approval by
the Planning and Zoning Commission. The Chairman of the Planning and
Zoning Commission shall initial and note the date of review on two
copies of the sketch plan with comments, suggestions and requirements.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
[3]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
E.
Plan disposition. One initiated and dated plan with
the Planning and Zoning Commission's[4] comments, suggestions and requirements shall be
returned to the subdivider, and one copy shall be filed in the office
of the Building Inspector.
[4]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
A.
Submission. Subdividers of a major subdivision or
Planned Residential Development shall apply for and receive approval
of the Planning and Zoning Commission[1] of a preliminary plan before submitting a final
plan. Application shall be made in the office of the Building Inspector
on forms supplied by the Town. To be complete, the application shall
contain the form completed and signed by the applicant, the required
fee paid, seven copies of each of the required plans and supporting
documents and be on file in the office of the Building Inspector no
less than 45 days before the date of review.
[Amended 3-16-2007 by Ord. No. 422[2]]
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
B.
Required drawings. A complete application for a preliminary
plan review of a major subdivision shall contain seven copies of each
of the following drawings: a street and lot plan; a street profile;
a drainage plan; a waterline and sewer line plan; and an electric
line and streetlight plan.
[Amended 3-16-2007 by Ord. No. 422]
C.
Drawing contents. The drawings shall show the following
specific information:
(1)
Street and lot plans:
(a)
Each drawing shall bear the words "preliminary
street and lot plan."
(b)
Private and public property lines outside of
the subdivision that intersect the perimeter line of the subdivision.
(c)
The owner of record of all abutting properties.
(d)
A survey plat of the entire subdivision showing
the property perimeter line, all lots, streets, easements and recreation,
reserved and public areas, with distances to the nearest foot of all
perimeter and interior property lines.
(e)
A vicinity location map.
(f)
True North arrow.
(g)
Consent to subdivide the property signed by
the owner of record.
(h)
The name of the subdivision.
(i)
The names of all streets.
(j)
All lots consecutively numbered.
(k)
All parcels identified.
(l)
The drawing scale.
(m)
The name and license number of the professional
land surveyor or professional engineer.
(n)
Curve data: the length and radius of the curve.
(o)
Lot data: The area, in square feet, and the
length of the street frontage.
(p)
The total area of all public rights-of-way or
the right-of-way to be dedicated.
[Amended 3-18-1983 by Ord. No. 113]
(q)
The area of the subdivision.
(r)
All monuments, concrete and iron, existing and
proposed.
(s)
The width of the street right-of-way.
[Amended 3-18-1983 by Ord. No. 113]
(2)
Drainage drawings:
(a)
Each drawing shall bear the words "preliminary
drainage plan."
(b)
Contour lines at one-foot vertical intervals
of existing grades.
(c)
If new grades are to be established, existing
contour lines shall be shown as solid lines and new contour lines
shown as broken lines. Contours and spot elevations shall be displayed
with a minimum of a seven-foot-wide strip on all properties adjoining
all sides of a PRD. Spot elevations shall be three feet apart in width
and 10 feet apart in parallel. All contours and elevations shown on
the plans shall be referenced to a common datum established on a benchmark
by the United States Coast and Geodetic Survey (NOAA) or the United
States Geological Survey and that reference shall be denoted on the
plans.
[Amended 6-16-1989 by Ord. No. 223]
(d)
All existing ditches, watercourses and bodies
of water.
(e)
Any existing ditches, watercourses and bodies
of water that will be altered during development shall be shown as
solid lines, and proposed new locations or dimensions shall be shown
as broken lines.
(f)
Proposed underground drainage pipes, culverts,
catch basins and other drainage facilities with dimensions and type
of material.
(g)
Existing drainage facilities outside the subdivision
which connect with the subdivision drainage system.
(h)
Any lands designated as "wetlands" by the state
or federal agency having jurisdiction over such areas.
(i)
The flood zone classification as shown on the
current Flood Insurance Rate Map.
(j)
Location of all drainage easements.
(k)
Drainage flow arrows.
[Added 3-18-1983 by Ord. No. 113]
(3)
Water- and sewer line drawing:
(a)
This drawing shall bear the words "preliminary
water- and sewer line plan."
(b)
The size and location of all water distribution
lines and valves.
(c)
The size and location of all water distribution
lines and detailed drawings of connections to the Town water distribution
line.
(d)
The size and location of all lateral waterlines,
curb stops and valve covers.
(e)
The location of all fire hydrants.
(f)
The dimensions and location of all easements
for proposed Town waterlines that cross private property.
(g)
The depth of all waterlines.
(h)
The location of all existing and proposed sewer
lines.
(i)
The dimensions and location of all easements
for existing or proposed sewer lines.
(4)
Electric line and streetlight drawing:
(5)
Street profile:
[Amended 3-18-1983 by Ord. No. 113]
(a)
A longitudinal elevation and slope of the center
line of the entire length of all streets and drainage swales within
the right-of-way.
(b)
A lateral cross section of all streets of different
width from right-of-way line to right-of-way line showing the type
of material, width and depth of paving, subbase and subgrade, and
the elevation of the shoulder area relative to the center line of
the paved surface.
D.
Drafting requirements. All preliminary plans shall
be drawn and sealed by a professional land surveyor or professional
engineer licensed to do such work in the State of Delaware at the
time of submission. A poorly drawn, illegible, incorrect or incomplete
plan shall be sufficient cause for rejection of all or part of the
application, in which case a new review shall be scheduled. The drawing
scale shall be adequate to fit on paper no smaller than 24 inches
by 36 inches and no larger than 36 inches by 48 inches. In the case
of a large subdivision requiring more than one sheet, a single sheet
showing the entire subdivision shall accompany the submission. The
distance, to the nearest foot, shall be shown for each property line,
perimeter boundary line and street right-of-way line. Each street
shall be named, lots shall be consecutively numbered and all parcels
within the subdivision shall be identified.
E.
Planning and Zoning Commission[3] action. Each drawing or supporting document may be accepted
as submitted or accepted with minor corrections to be shown on the
final plans. If major corrections are required, the subdivider shall
be required to submit new preliminary plans and documents before submitting
the final plans. Following review by the Planning and Zoning Commission,
two copies of each type of plan shall be initialed and dated by the
Chairman of the Planning and Zoning Commission and all required changes
noted on each plan.
[3]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
F.
Plan referral. The Planning and Zoning Commission
shall require the subdivider to submit a preliminary plan for approval
to any other agency, person or persons who may, in the opinion of
the Planning and Zoning Commission, be affected by the proposed subdivision.
If any feature of the subdivision required approval of the Board of
Adjustment, such approval shall be obtained prior to approval of the
final plans.
G.
Plan disposition. One copy of each drawing found to
be acceptable shall be initialed and dated by the Chairman of the
Planning and Zoning Commission and shall be returned to the
subdivider within 10 days after the date of review. One copy of each
drawing, initialed and dated, shall be filed in the office of the
Building Inspector. Rejected plans shall be returned to the applicant,
accompanied by a written explanation of the reasons for the rejection.
A.
Submission. After completing a preliminary plan review
by the Planning and Zoning Commission,[1] a subdivider shall submit the final plans of the subdivision
for review and approval within 365 days from the date of acceptance
of the preliminary plans as dated on the plans by the Chairman of
the Planning and Zoning Commission. Preliminary plan approval shall
expire and become void upon the expiration of 365 days from the date
of the Planning and Zoning Commission’s approval unless the
subdivider submits final plans for review and approval; provided,
however, that upon a showing of just cause submitted prior to the
expiration of such 365 days, the Planning and Zoning Commission may
grant one extension of time to submit final plans, not to exceed 90
days. All required final plans and supporting documents shall be filed
in the office of the Building Inspector no less then 45 days prior
to the date of the final review. Where preliminary plan approval has
expired and become void as provided herein, any resubmission shall
be considered as a new application for preliminary plan approval and
subject to the provisions of all governing codes in effect at the
time of such resubmission.
[Amended 4-21-2006 by Ord. No. 411]
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
B.
Required drawings. Plans required at time of final
approval of a minor or major subdivision or Planned Residential Development
shall be four copies each of a street and lot plan, a street profile
plan, a drainage plan, a water- and sewer line plan and an electric
line and streetlight plan and two copies of the street and lot plan
suitable for signing by the Planning and Zoning Commission and recording
in the office of the Recorder of Deeds, Georgetown, Delaware.[2]
C.
Drawing contents. The contents of the street and lot
plan, street profile plan, drainage plan, water- and sewer line plan
and the electric line and streetlight plan shall be the same as the
accepted preliminary plan showing all additions, corrections and/or
deletions required by the Planning and Zoning Commission at the preliminary
review.
D.
Drafting requirements. All final plans shall be drawn
and sealed by a professional land surveyor or professional engineer
licensed to do such work in the State of Delaware. Poorly drawn, illegible,
incorrect or incomplete plans shall be sufficient cause for rejection
of all or part of the application, in which case a new review shall
be scheduled. The drawing scale shall be adequate to fit on paper
no smaller than 24 inches by 36 inches and no larger than 36 inches
by 48 inches. In the case of a large subdivision requiring more than
one sheet, a single sheet showing the entire subdivision shall accompany
the submission. The course, to the nearest second, and the distance,
to the nearest hundredth foot, shall be shown for each property line,
perimeter boundary line and street right-of-way line. Each street
shall be named, lots shall be consecutively numbered and all parcels
within the subdivision shall be identified.
E.
Supporting documents. Required documents to be submitted
with final plans, and shall include a performance guaranty, a memo
of understanding and all specific documents requested by the Planning
and Zoning Commission at the preliminary plan review of the subdivision.
[Amended 3-16-2007 by Ord. No. 422]
F.
Planning and Zoning Commission action. The Planning
and Zoning Commission shall conduct a review of the final plan of
the subdivision at a public meeting within 90 days from the date all
required plans and supporting documents are filed in the office of
the Building Inspector. A quorum of the Planning and Zoning Commission
shall be present at the review of the final plans of all subdivisions.
Each drawing of the final plans shall be reviewed individually and
shall reflect all changes, additions and deletions required at the
preliminary plan review. All required supporting documents must be
submitted for approval at the final plan review, and, if approved,
one copy shall be filed in the Town Hall and one copy shall be returned
to the subdivider. All subdivisions must be approved and signed by
a majority of the members of the Planning and Zoning Commission. Changes
or alterations to the record plats and supporting documentation are
prohibited after approval and signature by the Planning and Zoning
Commission. Two copies of each drawing of the approved plan shall
be dated, with the date of approval, and signed by a majority of the
Planning and Zoning Commission members.
G.
Disposition of final plans. One signed and dated copy
of each approved plan shall be filed in the appropriate office of
the Town Hall, and one signed and dated copy of each approved plan
shall be returned to the subdivider within 10 days from the date of
approval shown on the plan. Two copies of the approved street and
lot plan shall be recorded, by the Building Inspector, in the office
of the Recorder of Deeds, Georgetown, Delaware, within 14 days from
the date of approval by the Planning and Zoning Commission.
[Amended 3-16-2007 by Ord. No. 422]
[Amended 3-16-2007 by Ord. No. 422]
Two copies of the record plat shall be signed
by a majority of the Planning and Zoning Commission[1] when all required final plans and supporting documents
have been approved. After signing and dating of the record plat by
the Planning and Zoning Commission, the Building Inspector shall record
the signed plat in the Sussex County Recorder of Deeds' office in
Georgetown, Delaware, within 14 days from the date of signing by the
Planning and Zoning Commission. Final approval of a subdivision
shall be signified by recording of this signed plat in the Recorder
of Deeds' office in Georgetown, Delaware.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
[Added 3-18-1983 by Ord. No. 113]
A.
When all the requirements of this chapter and other
applicable ordinances have been fulfilled to the satisfaction of the Planning
and Zoning Commission,[1] the Chairman of the Planning and Zoning Commission
shall issue a letter to proceed to the subdivider, and a copy shall
be filed in the Town Office. No construction or work of any kind shall
be done, except perimeter line surveying, nor any sign erected in
the subdivision prior to issuance of a letter to proceed.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
B.
Substantial construction to commence within one year.
[Added 5-17-1996 by Ord. No. 303]
(1)
Any letter to proceed, and the subdivision approval
contained therein, shall expire unless substantial construction shall
commence within one year of the date of such letter to proceed and
reasonably continue until final completion. For purposes hereof:
(a)
"Substantial construction" shall mean on-site
construction activities (e.g., earth moving, excavation, installation
of utility equipment and facilities, road construction and/or paving)
costing at least 20% of the projected cost of the total required subdivision
improvements for that subdivision [or phase thereof, if development
is proceeding under § 410-32A(3) of this chapter].
(b)
"Reasonably continued until final completion"
shall mean continuous on-site construction work excepting reasonable
interruption required by sound and generally accepted engineering
and construction standards and practices, including by way of example
and not in limitation, inclement weather conditions, temporary unavailability
of suppliers or contractors and stoppages due to federal, state, county
or municipal regulations or orders.
(2)
The Town Building Inspector shall, in the first instance,
determine whether the requirements of this subsection have been met,
but such decision shall be subject to appeal to the Planning
and Zoning Commission[2] which may affirm, reverse or modify that decision.
[2]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
(3)
Where any letter to proceed shall expire under this
subsection, no further construction shall continue and no further
transfer of title to any of the lands within such subdivision shall
be permitted until a new letter to proceed shall have been issued
by the Planning and Zoning Commission.[3]
[3]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
