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.
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:
B. Preliminary subdivision plan approval.
C. Final subdivision plat approval.
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.
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.
[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.