Town of Millville, DE Article II Application Procedure and Approval Process

§ 125-9 Designation of minor subdivision.

When an application is filed with the Planning and Zoning Commission for the subdivision of a lot, parcel or tract of land and, upon examination by the Planning and Zoning Commission, it is shown by a report of the Town Engineer and/or Town Manager that all sewer, water, drainage and street improvement requirements under this chapter have previously been accomplished, the Planning and Zoning Commission may designate the lot, piece or parcel in question as a subdivision and so notify the applicant. The notification of the action of the Planning and Zoning Commission will include instructions to the applicant to submit a licensed surveyor's plot of the subdivision. The Planning and Zoning Commission will examine the surveyor's plot and, upon acceptance, will have a certificate of completion issued.

§ 125-10 Administrative review of minor subdivisions; recordation.

A. Applications for minor subdivisions, as defined herein, shall be submitted to the Planning and Zoning Commission and reviewed administratively as provided for in Article XII of Chapter 155, Zoning, of the Code of the Town of Millville.

B. If the Planning and Zoning Commission disapproves a minor subdivision application, two copies of the reasons for disapproval shall be returned with the applicable copies to the applicant. The reasons for disapproval shall be remedied prior to any resubmission.

C. A print copy of the plat plan in a form acceptable to the Recorder of Deeds of Sussex County, as approved by the Town Council, shall be filed by the owner with the Office of the Recorder of Deeds, in and for Sussex County, within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire and shall be void. The Town Council, for good cause shown, may extend the time for plat filing for a period not to exceed one additional ninety-day period.

§ 125-11 General procedure.

Whenever any subdivision of land is proposed, before any contract is made for the sale of any lot thereof, and before any permit for erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for the secure approval of such proposed subdivision in accordance with the following procedure, which includes three steps:

A. Concept plan approval.

B. Preliminary subdivision plan approval.

C. Final subdivision plat approval.

§ 125-12 Concept plan.

A. The purpose of the concept plan stage is to provide the Planning and Zoning Commission with the opportunity to informally review a development proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a site plan. The conceptual plan review is optional, however, this initial review is beneficial to both the applicant and the Town and is but highly encouraged by the Planning and Zoning Commission.

(1) Concept plan submittal. The applicant shall submit to the Planning and Zoning Commission a concept plan and an application for review. The steps in the concept plan review are noted in Subsection A(1)(a) through (c) below.[1]

(a) Within 30 days of receiving the application and concept plan submittal per Subsection A of this section, the Planning and Zoning Commission shall review it for completeness.

[1] If the submission is incomplete, the Planning and Zoning Commission shall so notify the applicant, in writing, within 30 days of the submission, advising of the submission's deficiencies.

[2] If the submission is complete, the Planning and Zoning Commission shall accept the application and concept plan submission.

(b) The applicant shall attend a meeting with the Department of Planning and Zoning. The purpose of the meeting shall be to provide the Town with an opportunity to address issues or concerns with the concept plan, identify any impact studies that may be required and provide direction to the applicant on the scope of such studies.

(c) Following the meeting described in Subsection A(1)(b) above, the Planning and Zoning Commission shall hold one meeting on the concept plan to receive an informational briefing from the applicant on various aspects of the plan, including but not limited to anticipated issues and impacts related thereto. The Planning and Zoning Commission shall take no action to approve or deny a concept plan. Should the Planning and Zoning Commission determine that the development project represented by the concept plan will have a substantial impact on the physical, economic or social environment, the Planning and Zoning Commission may hold more than one meeting on the concept plan.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Notice of meeting. For all concept subdivision plans submitted for review under this section, the Planning and Zoning Commission shall:

(a) Submit written notice to the applicant by first-class mail, to be postmarked at least seven days before the day of the Planning and Zoning Commission meeting, to discuss the concept plan.

(b) Submit written notice to all owners of property adjoining and located immediately across the street from the subject property. Such written notice shall state the date, time, place and subject matter of the meeting to discuss the concept plan, and the name of the applicant. Such notice shall be sent by first-class mail and postmarked at least seven days before the day of the meeting.

(c) The Planning and Zoning Commission may provide for additional public notification of its deliberations of concept plans at its discretion.

(3) Purpose of Planning and Zoning Commission meeting. At its meeting on the concept plan the Planning and Zoning Commission shall:

(a) Evaluate applicant's submission, presentation, discussion with the applicant, and comments and reports from the Town staff.

(b) Review the concept plan with consideration of the following:

[1] General suitability of the site for the type, size and location of the development proposed.

[2] General suitability of the design with regard to topography, drainage, soils, natural features and surrounding land use, recreational lands and streets.

[3] General compatibility with Chapter 155, Zoning, and Municipal Development Strategy.

[4] General adequacy of public facilities and services impacted by the proposed subdivision.

[5] Road and sidewalk configuration and circulation.

[6] Method and suitability of access.

[7] Type of water and sewerage service and stormwater management practices.

[8] Land planning techniques.

[9] Required studies.

(4) Contents of concept plan submission. The concept plan package shall meet requirements, as to content and organization, as may be established by the Planning and Zoning Commission from time to time and, at minimum, shall always include the following:

(a) Project concept plan: a scaled drawing showing the proposed arrangement of lots and rights-of-way on a survey of the project boundaries. It shall show the project layout, proposed and existing land uses, open spaces, circulation routes and points of access to the adjacent street network and main design features. If phasing is proposed, a master plan for the entire project shall be shown. Drawings shall be 24 inches by 36 inches. Scale shall be no less detailed than one inch equal to 100 feet. The plan shall show adjacent streets and adjacent property owners. A vicinity map at a scale of no less detailed than one inch equal to 1,000 feet shall be included showing the location of the project and lots with respect to neighborhood streets.

(b) Project area schematic: a scaled drawing or GIS aerial photograph showing the main features of the project in relationship within the neighborhood. Included in the drawing shall be existing infrastructure within at least 1,000 feet, including but not limited to streets, intersections, water, sanitary sewer and storm drains. Scale shall be no less detailed than one inch equal to 400 feet. Drawings shall be no larger than 24 inches by 36 inches.

(c) Site investigation report. The intent of the site investigation report is to provide readily available information in a brief narrative format to assist the applicant and the Town in their initial evaluation of the proposed development. The site investigation report shall provide information and data on the physical and environmental characteristics of the site, the proposed number of lots, uses and utility demands, anticipated impacts of the proposed development on neighboring properties, area infrastructure and services, recreational resources and other public facilities, compliance with Millville Municipal Development Strategy Plan and the proposed architectural and design character. The site investigation report shall follow the format established by the Planning and Zoning Commission, as may be amended from time to time, and shall address the following:

[1] Site data summary chart: Tax Map and parcel number, Planning and Zoning Commission case numbers and prior approvals, Board of Adjustment case number and prior approvals, zoning classification, proposed zoning, allowable density, proposed density, total site area, flood zone, wetlands (state and federal), number of proposed lots, number of proposed units and types, availability of utilities, zoning setback requirements, zoning lot size requirements, maximum building height allowed by zoning, open space required and proposed, and use of open space. Additional details for each phase or land use shall be provided as appropriate.

[2] Land use overview: provide narrative of existing site conditions and provide legible copy of Sussex County Soil Map with outline of property sketched on it. Describe existing context and highlight any issues regarding marginal siting conditions, including but not limited to topography, hydric soils, and existing drainage patterns, standing water, culverts, ditches, wetlands or sensitive areas.

[3] Millville Municipal Development Strategy Plan compliance: provide narrative of designated land use and how project will be consistent with the Strategy Plan, as well as building and design standards as appropriate.

[4] Traffic access overview: provide narrative of existing roads, lanes, width, material, condition, curb, sidewalk and off-site improvements needed to accommodate the project. If the project is known to require a DelDOT traffic study, provide summary information and study schedule.

[5] Utility demands and services overview: provide narrative of sanitary sewer, public water, gas, electric, cable and describe any off-site improvements needed. If privately owned and maintained facilities or open spaces are proposed, provide sample covenants clause and describe management structure.

[6] Stormwater management overview: provide narrative of types of conveyance off site and management and a summary of any off-site improvements needed.

[7] Architectural theme: provide illustrations and/or narrative of overall design concepts.

[8] Attach ability to serve letters: provide letters from utility providers other than the Town of Millville (i.e., for power, gas, communications, emergency, fire and ambulance, etc.).

(5) Optional site inspection. Following the applicant's concept plan submittal and before the Planning and Zoning Commission meeting, the Planning and Zoning Commission may inspect the site of the proposed development.

(a) Applicants, their site designers and the landowner are encouraged to accompany the Planning and Zoning Commission.

(b) The purpose of the site inspection is to familiarize the Planning and Zoning Commission with the property's existing conditions and special features, to identify area-wide and site design issues and to provide an informal opportunity to view neighborhood conditions, potential layout of streets, stormwater management facilities, open spaces, buildings and other items that may assist in the evaluation of a submitted concept plan.

(c) Comments made by the Planning and Zoning Commission or Town staff or consultants shall be interpreted as being only suggestions at the site inspection. No formal recommendations or official decisions shall be made at the site inspection.

(d) Site inspections shall adhere, to the extent possible, with standard notice requirements for Planning and Zoning Commission meeting.

(6) Following completion of the conceptual review by the Planning and Zoning Commission, a letter to the applicant, containing the findings, recommendations, and conclusion of the Planning and Zoning Commissions review, shall be drafted and forwarded to the applicant.

§ 125-13 Preliminary subdivision plan.

A. Submission of preliminary subdivision plan. After completing the concept stage, the applicant shall submit an application for preliminary subdivision plan review.

B. The purpose of the preliminary subdivision plan review stage is to provide a basis for the Planning and Zoning Commission to grant conditional approval of a proposed subdivision in order to minimize changes and revisions, which might otherwise be necessary on the final subdivision plan.

C. The subdivider shall prepare a preliminary plan of the proposed subdivision conforming to the requirements for the preparation of such plan as set forth in Article V. At least 30 calendar days prior to the meeting of the Planning and Zoning Commission at which action on such plan is desired, the following items shall be filed with the Code Enforcement Officer:

(1) Six prints of the preliminary plan;

(2) Completed application form;

(3) Filing fee; and

(4) Other supporting information such as deed restrictions.

D. The preliminary plan shall be checked by the Code Enforcement Officer to determine its conformity with the Municipal Development Strategy of Millville, applicable zoning and other regulations, and the design principles and standards and requirements for plan submission as set forth in this chapter.

§ 125-14 Preliminary plan approval.

A. The Planning and Zoning Commission shall review the preliminary plan with respect to the objectives described in Subsection F below, and may, if it deems necessary, refer the plan to the Delaware Department of Transportation, the Superintendent of Schools, or any other appropriate agency or person for comment.

B. Within 60 days after the meeting at which the preliminary site plan is received, the Planning and Zoning Commission shall take action to approve, approve with conditions or disapprove the preliminary site plan. In cases where the preliminary site plan is considered complete enough so as not to require review by the Planning and Zoning Commission as a final plan, but not in the case of the subdivision of land involving the extension or creation of streets, the Planning and Zoning Commission may approve the preliminary plan as a final plan.

C. After the approval of a preliminary site plan, a final site plan shall be prepared and submitted to the Code Enforcement Officer who shall transmit said plans to the Town Council for review, if the plans are submitted 30 days prior to said meeting.

D. In the case of a subdivision involving the extension or creation of streets, the Town Council shall hold a public hearing at the meeting at which it considers the subdivision plan and shall give public notice of the hearing as prescribed by Delaware law.

E. Within 60 days after the meeting at which the final site plan is received, the Town Council shall take action to approve or disapprove the final site plan. The Town Council shall authorize and require the recording of the final plan in the Sussex County Recorder of Deeds' office within 90 days of final plan approval. If the final site plan is not filed within this period, the approval shall expire. Proof of recordation shall be provided to the Town by the applicant.

F. Site plan approval shall be required for the establishment, erection, or enlargement of all the following structures or uses:

(1) General business use.

(2) Multifamily dwellings containing two or more dwelling units.

(3) Churches, temples, and synagogues.

(4) Schools and other public buildings.

(5) Docks, piers, bulkheads or other over-water structures except for private piers accessory to a dwelling.

(6) The subdivision of land into two or more parcels, lots, units or sites for the purpose of offer, sale, lease, or development.

(7) Office or industrial buildings.

§ 125-15 Construction and improvement plans.

A. Following the Planning and Zoning Commission's action on the preliminary plan, the subdivider shall file for approval the plans for those improvements which he is required to make under the provisions of this chapter and the requirements of other public agencies.

B. The subdivider shall notify the Town Council that approvals have been requested, that the improvement plans have been submitted and are in accordance with the applicable agencies' standards and that the agencies will approve such plans. Written evidence of such approvals shall be made available to the Town Council prior to the recordation of the record plat.

§ 125-16 Final subdivision plan.

A. Following approval of the preliminary plan by the Planning and Zoning Commission and the submission of plans for improvements within the proposed subdivision to the appropriate federal, state or county agencies, the subdivider shall submit a final plan for approval by the Town Council.

B. Such final plan may be for all of the property included in the preliminary plan, or it may be limited to any portion thereof which is intended to be developed as a unit. Additional final plats covering additional units of the property may be submitted later, provided that the preliminary plan is still valid. Every final plan shall be substantially in accordance with the additions required by the Town Council as a condition for its approval, and it shall conform in every respect with the requirements for the preparation of such plat as set forth in Article V.

C. The subdivider shall file the following items with the Town Council:

(1) Six prints or an acceptable reproducible equivalent of the final plan; and

(2) An application for approval of the plat on a form to be supplied by the Town Council.

§ 125-17 Final plan approval and recording.

Upon receipt by the Town Council of the final plan and evidence that other plans required by state or other county agencies are approved, the Town Council will place the final plat on the agenda for approval. Following the approval of the Town Council, the subdivider or his authorized agent must record the final plan in the Sussex County Recorder of Deeds' office within 90 days or the approval shall expire.

§ 125-18 As-built drawings.

Upon completion of all required improvements, the subdivider shall provide the Town of Millville Code Enforcement Officer with three copies of all construction and improvement plans indicating their actual as-built locations and other field notations.

§ 125-19 Changes to approved preliminary and final subdivision plans.

[Added 12-18-2007 by Ord. No. 07-17]

The purpose of this section is to clarify the requirements for the change or modification of an approved preliminary subdivision plan, or approved schematic development plan, or the (resubdivision) of a final subdivision site plan or master plan of the MPC Zoning District that have been approved and intended for recordation in the Sussex County Recorder of Deeds' office.

A. After preliminary subdivision plan or schematic development plan approval has been granted by the Town, if during subsequent review by other state, county or federal agencies, changes are necessary to meet agency requirements or concerns, the following procedures shall be followed:

(1) Any deviations from the approved preliminary subdivision plan or schematic development plan to the submitted final subdivision plan or master plan which are caused by outside government agency approvals shall be reviewed and forwarded to the Planning and Zoning Commission with comments identifying such changes for their approval.

(2) The Planning and Zoning Commission receiving the comments and the changed plans can on their own decision accept the changes as required by the outside government agencies and forward the plans to the Mayor and Town Council for final approval and recordation, or the Planning and Zoning Commission may deem it necessary to hold another public hearing to inform the community and receive comments on the changes and may require additional conditions.

(3) The Planning and Zoning Commission can not approve any application or owner requested changes to a submitted final subdivision plan or master plan that is intended to be forward to the Mayor and Town Council for approval where the original number of lots have been increased, or the number of structures increased, or the number of dwelling units increased without first holding a public hearing, recording their findings and giving a full report and recommendation, in writing, to the Mayor and Town Council.

(4) Once the Mayor and Town Council has received the Planning and Zoning Commission recommendation to the changed plans, the Town Council may accept the recommendation as is, accept with modifications or reject the plans as drawn and have the applicant modify the plans according to the Town Council's decision.

(5) Upon Mayor and Town Council approving the submitted final subdivision plat plan or master plan, the applicant will have the plan recorded with the Sussex County Recorder of Deeds within 90 days as per Article II of this chapter.

B. Amendments and additions to approved final subdivision plat plats.

(1) The procedure for amendments and additions to an approved final subdivision plat plan or approved master plan shall be the same as for a new application, except that minor amendments of the approved plans may be recommended by the Planning and Zoning Commission and approved by the Mayor and Town Council, provided that such change or amendment:

(a) Does not conflict with the specified requirements of this or any other ordinance.

(b) Does not change the character or content of an approved development plan or use.

(c) Has no substantial affect on adjoining or surrounding properties.

(d) Does not result in any change of external access points.

(e) Does not increase the number of lots, dwelling units, commercial structures or the height of the buildings.

(f) Does not decrease the minimum required lot size, open space or minimum required parking and loading spaces.

(g) Does not remove, alter or change conditions required by the Planning and Zoning Commission or Mayor and Town Council that was established during the approval process.

(2) Any amendments to the type of residential dwelling units will be heard by the Planning and Zoning Commission and their recommendation forwarded to the Mayor and Town Council. If the number of any given type of residential dwelling unit has increased by more than 5%, the Mayor and Town Council shall hold a public hearing prior to making their decision on the change.