[Amended 3-18-1983 by Ord. No. 113; 5-20-1983 by Ord. No. 116; 3-16-2007 by Ord. No. 422]
Prior to final approval of a subdivision, the subdivider shall furnish the Town a performance bond or irrevocable letter of credit (in form acceptable to the Town) to guarantee the proper and complete installation of all improvements within or without the subdivision which are or will become the property or responsibility of the Town, the amount thereof to be equal to 150% of the then-current market cost of material and labor necessary to complete such improvements. Such performance bond or irrevocable letter of credit shall, by its terms, provide that it shall remain in full force and effect until all the required improvements it guarantees are accepted, in writing, by the Town and should the subdivider fail to complete the required improvements in any subdivision or any section of a subdivision within the time limits (or any extension thereof) as provided in this article hereof, the Town shall have the right to enforce any and all of its rights under the performance bond or irrevocable letter of credit.
A. 
Streets. Streets shall be designed in conformance with Article VII of this chapter and shall be constructed in compliance with the Town street specifications.
B. 
Street name signs. Street name signs shall be installed by the subdivider in accordance with the specifications of the Town.
C. 
Streetlighting. Streetlights shall be installed at street intersections and at the end of dead-end streets and shall be spaced approximately 300 feet apart.
D. 
Grading, fill, top soil and erosion control. Grading, fill, top soil and erosion control shall be done in conformance with the requirements as shown on the approved drainage plan.
E. 
Drainage. Drainage shall be properly installed and connected with the Town drainage system.
F. 
Sanitary sewers. Sanitary sewers shall be properly installed and connected to the sanitary sewer system in accordance with the requirements of the Sussex County Engineer.
G. 
Water. Installation of the water system shall be in compliance with the Town waterline specifications and under the supervision, inspection and approval of the Town Manager.
H. 
Tree and tree maintenance plan.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 5-20-1983 by Ord. No. 116]
In major subdivisions, the following improvements are required:
A. 
Streets to be paved with bituminous Type C asphalt as specified in Section 401C of the Town street specifications.
B. 
Street signs.
C. 
Curbs or gutters, or both.
D. 
Streetlighting.
E. 
Grading, fill, topsoil and erosion control as shown on the approved drainage plan.
F. 
Water mains, culverts, drainage and sanitary sewers.
G. 
Tree maintenance and replacement when required.
[Added 3-16-2007 by Ord. No. 422]
[Added 5-20-1983 by Ord. No. 116]
In minor subdivisions and Planned Residential Developments, the following improvements are required:
A. 
Private ways and parking lots shall be paved with four courses of bituminous surface treatment over six inches of select borrow, and public streets shall be paved with bituminous Type C asphalt as specified in Section 401C of the Town street specifications.
[Amended 3-16-2007 by Ord. No. 422]
B. 
Street signs.
C. 
Curbs or gutters, or both.
D. 
Streetlighting.
E. 
Grading, fill, topsoil and erosion control as shown on the approved drainage plan.
F. 
Water main, drainage and sanitary sewers.
G. 
Tree maintenance and replacement when required.
[Added 3-16-2007 by Ord. No. 422]
[Added 5-20-1983 by Ord. No. 116]
A. 
All such installations shall be adequate to handle all present and probable future development. All the above-listed improvements shall be subject to inspection and approval by the Town Manager, who shall be notified by the subdivider at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
B. 
The developer shall complete all utilities and street improvements not specifically waived by the Planning and Zoning Commission[1] in accordance with specifications adopted by the Town or as issued by the Town Manager and with any additional requirements specified by the Planning and Zoning Commission. Construction drawing shall be submitted in form satisfactory to the Town Manager.
[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 5-20-1983 by Ord. No. 116]
Upon the findings of the Planning and Zoning Commission[1] that, due to special conditions peculiar to a subdivision or a site, certain requirements of these regulations are inappropriate or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Planning and Zoning Commission may vary or waive the requirements of §§ 410-5 and 410-27 through 410-30 of these regulations with respect to streets, curbs and gutters and inspection fees, provided that such variances shall not be detrimental to the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the Official Map, Chapter 425, Zoning, the development plan or these regulations. In varying or waiving certain requirements, the Planning and Zoning Commission may specify such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or waived.
[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 6-17-1988 by Ord. No. 200; 3-16-2007 by Ord. No. 422]
Subdivisions receiving final approval shall:
A. 
The subdivider shall complete all required subdivision improvements within a subdivision within two years of the date that the first lot, dwelling unit or condominium unit is conveyed or leased to any party not closely affiliated with the subdivider (hereinafter referred to as a "conveyance out"). "Parties closely affiliated with the subdivider" shall include a wholly-owned subsidiary, a parent corporation and a partnership or association consisting solely of the stockholders or partners of the subdivider.
B. 
For cause shown, however, a subdivider may obtain an extension of time, not to exceed one year, to complete any required subdivision improvements from the Planning and Zoning Commission[1] (after public notice and hearing). Not more than two such extensions may be granted.
[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.”
C. 
Where any subdivider proposed to lay out and develop a subdivision in clearly identifiable sections, each section, for purposes hereof, shall be treated as a separate subdivision, and the time limit to complete all required subdivision improvements within that section shall be applied from the date of the first conveyance out in that section.
All of the above-listed improvements, excepting sewer lines, shall be subject to inspection and approval by the proper Town authority, who shall be notified 24 hours prior to such installation. No underground installations shall be covered until inspected and approved by the appropriate Town authority.
[Amended 6-16-1989 by Ord. No. 224]
Upon completion of subdivision improvements and prior to release of the performance guaranty, the subdivider shall submit to the Town Manager an as-built plat plan of the subdivision showing the actual location of waterlines, sewer lines and any underground stormwater drainage and buried utility lines and certifying any necessary easements for the same. Contours and spot elevations shall be displayed on the as-built drainage plan 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.[1]
[1]
Editor's Note: Original § 200-36, Performance bond or letter of credit, which immediately followed this section, was repealed 3-16-2007 by Ord. No. 422.
A. 
Streets.
(1) 
Streets shall be dedicated to the Town. Dedication of a street to the Town shall be by a deed of dedication properly signed by the legal subdivider and/or owner, notarized and dated on or after the named improvement is completed as signified, in writing, by the Town Manager. This deed of dedication shall specify the name of the street or streets and the width and length of the right-of-way and shall further specify the dedication of all monuments marking the right-of-way, all traffic control signs or devices, all street name signs and all surface and underground drainage facilities within the right-of-way. The dedication shall be accompanied by a recorded plat showing the streets specified in the deed.
[Amended 3-16-2007 by Ord. No. 422]
(2) 
Acceptance of a street by the Town shall be by proper dating, signing by the Mayor and Secretary of the Town Council and notarizing the signatures on the acceptance pages of the deed of dedication. This completed deed of dedication shall then be recorded by the Town in the Recorder of Deeds office, Georgetown, Delaware.
[Amended 9-16-1988 by Ord. No. 207]
B. 
Waterlines.
(1) 
Waterlines shall be transferred from the subdivider and/or owner to the Town by a bill of sale properly signed by the owner, notarized and dated on or after the waterlines and all related facilities are completed as signified, in writing, by the authorized Town official. The bill of sale shall be accompanied by an as-built plan sealed by a professional land surveyor showing the location, size and type of material of all waterlines and related facilities being transferred by the bill of sale.
[Amended 3-16-2007 by Ord. No. 422]
(2) 
Acceptance of waterlines by the Town shall be in writing, properly dated and signed by the Mayor and Secretary of the Town Council.
[Amended 9-16-1988 by Ord. No. 207]
C. 
Easements. Easements required by the Town shall be transferred by the subdivider and/or owner to the Town by a deed of easement properly dated, signed by the subdivider and/or owner and notarized. The deed of easement shall specify the length, width, location and purpose of the easement and shall be accompanied by a recorded plat showing the size and location of all easements being transferred by the deed of easement. A deed of easement may be accepted by the Town effective the date of the deed, signed by the Mayor and Secretary of the Town Council, notarized and recorded in the Recorder of Deeds office, Georgetown, Delaware.
[Amended 9-16-1988 by Ord. No. 207; 3-16-2007 by Ord. No. 422]
[Added 6-17-1988 by Ord. No. 200; amended 3-16-2007 by Ord. No. 422]
The owner shall, as a condition precedent to acceptance of any subdivision improvement by the Town, furnish the Town with a maintenance bond or irrevocable letter of credit, in form acceptable to the Town and in an amount equal to 25% of the then-current market cost of labor and material of the improvements for which dedication is sought, to guarantee the condition, maintenance and repair of all such improvements for a period of one year from the date of their acceptance, in writing, by the Town.