Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 17 of the prior Code; effective 1-1-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 30.
Building construction — See Ch. 85.
Clean hands policy — See Ch. 95.
Floodplain management — See Ch. 125.
Sewers — See Ch. 170.
Streets and sidewalks — See Ch. 183.
Vehicles and traffic — See Ch. 209.
Water — See Ch. 215.
Zoning — See Ch. 220.
This chapter shall be known and cited as "The Town of Milton Land Subdivision Ordinance."
The purpose of this chapter is to provide rules, regulations and standards for land subdivision in the Town in order to promote the public health, safety, convenience and the financial and general welfare of the Town. It shall be administered to insure orderly growth and development, the conservation, protection and proper use of land, and adequate provision for vehicular and pedestrian traffic, utilities and services of and in the Town. The provisions of this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the Town. Any action taken pursuant to the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire municipality.
A. 
This chapter consists of the regulations contained herein.
B. 
The tables included in this chapter are part of the regulations of this chapter.
C. 
The drawings and graphics contained in this chapter are part of the regulations of this chapter.
After the effective date of this chapter, all applications for subdivision approvals of any kind shall be reviewed under this chapter. This chapter will remain in effect until modified, amended or rescinded by the Town Council.
However, where this chapter imposes a greater restriction or requirement than is imposed by other resolutions, ordinances, rules, regulations, easements, covenants, or agreements the stricter provision shall govern.
A. 
The singular number includes the plural, and the plural the singular, unless the context clearly indicates the contrary.
B. 
Words in the present tense shall include the past and future tenses, and the future the present.
C. 
The word "shall" is mandatory. The word "may" is permissive.
D. 
The meaning of the word "adjacent" shall include "abutting" and "adjoining."
The following definitions shall be applicable to this chapter unless the context indicates to the contrary:
ADJACENT
Physically touching or bordering upon; sharing a common boundary, but not overlapping.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed application for development, including his heirs, successors and assigns.
BUFFER YARDS
An area of land forming a visual and/or physical separation or barrier between two uses. In the case of a visual barrier, the land shall be covered with natural plantings or man-made material to provide a physical screen limiting visual access and reducing noise.
COVERAGE
That lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
CROSSWAY
A public way intended for pedestrian use, which excludes motor vehicles and cuts across a block in order to furnish improved access to adjacent streets or properties.
CUL-DE-SAC
A minor street having but one end open for vehicular traffic and with the other end permanently terminated by a turnaround for vehicles.
DEVELOPER
Any landowner or agent, or such landowner, who makes or causes to be made an application for approval of a site development plan.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches and providing for the flow of water therein to safeguard the public against flood damage.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Town Council for final approval in accordance with this chapter and which, if approved, shall be filed in the office of the Recorder of Deeds, in and for Sussex County.
FLOODPLAIN
The low lands adjoining the channel of a river, stream or watercourse, lake or other body of standing water, which have been or may be inundated by floodwater. The channel of a stream or watercourse is a part of the floodplain in accordance with the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA).
HOMEOWNERS' ASSOCIATION
A body of persons legally responsible for the maintenance of private open spaces and/or common facilities. Also known as "maintenance corporation."
LOT
A contiguous parcel of land considered as a unit, devoted to a specific use or occupied by a building or a group of buildings that are united by a common interest, use or ownership, and the customary accessories and open spaces belonging to the same and which abuts and is accessible from a private or public street.
LOT, CORNER
A lot situated at the junction of and adjacent to two or more intersecting streets or alleys, when the interior angle of intersection does not exceed 135°.
LOT COVERAGE
See "coverage."
LOT, DEPTH OF
The mean distance from the front street line of a lot to its rear line.
LOT FRONTAGE
A lot line which is coincident with the right-of-way line of a public road.
LOT LINES
The lines bounding a lot as defined herein.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
LOT WIDTH
The shortest horizontal distance between the side lot lines measured at the required building setback line. If the angle, between the front and sidelines, is less than 90°, the lot width shall be measured from side to side of right angle to the length of the setback line.
MAJOR SUBDIVISION
All subdivisions not classified as partitioning or minor subdivisions.
MINOR SUBDIVISION
Any subdivision containing three or more lots fronting on an existing state or town street, not involving any new street or road or the extension of any city or county facilities or does not directly effect drainage on a state or municipal street, and not adversely affecting the development of the remainder of the parcel or adjoining property.
OPEN SPACE
An area, which is not developed with principal or accessory structures and which is intended to provide light and air, and is designed for environmental, scenic and or recreational purposes. Open space may include, but is not limited to, decorative planting, preservation of existing natural areas, walkways, active and passive recreation areas and playgrounds. For calculation purposes, open space shall not be deemed to include driveways, roadways, parking areas or stormwater management ponds.
PARTITIONING
Any subdivision containing not more than two lots fronting on an existing state, county or Town street, not involving any new street or road or the extension of Town facilities and not adversely affecting the development or the remainder of the parcel or adjoining property.
PERFORMANCE GUARANTEE
Any security, which may be accepted in lieu of a requirement that certain improvements be made before the Town Council approves a plat, including performance bonds, escrow agreements and other similar collateral surety agreements.
PLAT
The map of a subdivision.
SKETCH PLAT
The map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or Town road, or a street or way shown upon a plat. For purposes of this chapter, streets shall be classified as follows:
A. 
See "interior streets."
B. 
Streets, which are used primarily for fast or heavy traffic.
C. 
Private or public access streets for the use of the property owner/s and are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street (i.e., alleys, driveways, aisles).
D. 
Streets, which carry traffic from minor collector streets to the major system of arterial streets and highways, including the principal entrance streets of a large residential development over 200 units and streets for circulation within such a development. Driveway access to major collector streets shall not be permitted without Council's approval.
E. 
Streets, which carry traffic from minor collector streets to the major system of arterial streets and highways, including the principal entrance streets of a medium density residential development between 50 and 200 units and streets for circulation within such a development.
F. 
Streets, which are used primarily for access to the abutting properties. The number of dwelling units on noncollector streets shall not exceed 50.
G. 
Streets that are parallel to and adjacent to arterial streets and major collector streets, and which provide access to abutting properties and protection from through traffic. Refer to "minor streets."
SUBDIVIDER
Any person, firm, corporation, trust or any other legal entity commencing proceedings under the provisions of this chapter to effect a subdivision of land hereunder for himself or for another. Where "subdivider" is used it could also mean the same as "developer."
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development. Subdivisions also include resubdivision, and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
WETLANDS
Those areas of land, which fall within the definition of wetlands currently used by the U.S. Army Corps of Engineers, or those adopted by the State of Delaware in accordance with Army Corps of Engineers.
A. 
The fees for partitioning, minor subdivisions and major subdivisions shall be the fees established in the currently effective Town of Milton Fee Schedule.
[Amended 9-9-2013 by Ord. No. 2013-04]
B. 
Additional costs. The applicant will be responsible for reimbursing the Town of Milton for all expenses incurred by the Town of Milton related to the application in regards to engineering fees, attorneys' fees, or any other professionals used by the Town of Milton in regards to said application and site development.
It shall be unlawful for any subdivider/developer, before final approval has been obtained, to transfer, sell or to agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision. For the purposes of this section, each transfer or sale or each agreement to transfer or sell shall be a separate violation. The provisions of this section shall be in addition to any other remedies which may be available to the Town.
The owner of any land within the Town shall apply for and obtain the approval of the Town Council, pursuant to the provisions of this chapter, before subdividing or resubdividing any land within the Town.
A. 
The final approval for a subdivision shall expire within one year after the date of the approval by the Town Council, unless substantial construction has commenced and the applicant has fulfilled all of the conditions mandated by the Town Council as a contingency of its approval.
B. 
For the purpose of this section, the term "substantial construction" shall mean that the right-of-way has been cleared, the roadway has been rough graded, the drainage system and/or stormwater management facilities have been rough graded, and erosion and sediment control measures are in place and being actively maintained.
C. 
Any application for a subdivision filed prior to the adoption of this chapter will be subject to the conditions of the previous ordinance.
The subdivision plat shall conform to the design standards that will encourage good development patterns within the Town. The Town's requirements of streets, drainage rights-of-way, storm sewers, school sites, public parks and playgrounds shall be satisfied before approval of a subdivision plat. Five percent of the total gross area to be developed will be considered the minimum amount to be set aside as public open space. This does not include streets, sidewalks, rights-of-way, or stormwater management ponds. The streets, drainage rights-of-way, storm sewers, or sanitary sewer plans shall be such as to lend themselves for harmonious development of the Town and enhance the public welfare in accordance with the design standards set forth in this chapter.
The design criteria for lot design shall be as follows:
A. 
Lot dimensions and areas shall be not less than the requirements of Chapter 220, Zoning, of the Code of the Town of Milton.
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
C. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line and all set backs shall be measured from such line.
D. 
Where there is a question as to the suitability of a lot for its intended use due to factors such as flood conditions or similar circumstances, the Town Council may, after adequate investigation, withhold approval of such areas.
E. 
Double frontage and reverse frontage lots shall not be approved unless, in the judgment of the Town Council, such frontage lots shall be required to establish a buffer zone and/or screen planning.
F. 
Setbacks on lots with multiple street frontages, including corner lots, shall be in accordance with Chapter 220, Zoning.
G. 
Lot lines shall follow municipal boundary lines rather than cross them.
The Town of Milton requires the reservation of open space, recreation, and other public facilities as a condition of approval for all single-family, two-family, and multifamily dwelling residential developments requiring conditional use approval, site plan approval, or land subdivision approval by the Town Council.
A. 
The purpose of this section is to ensure that active recreation areas are provided as an integral design element within residential developments and that such facilities are of an adequate scale in relation to the size of the residential development and provide residents with a variety of active recreational pursuits.
B. 
The Town of Milton shall require the reservation of recreation areas, and the subsequent construction of recreation facilities, of a character, extent, and location suitable to the needs created by a development for recreation facilities as defined and in accordance with the design guidelines set forth.
C. 
The following are illustrative of the types of recreation areas and subsequent facilities that may be deemed to serve the open space needs and, therefore, count towards the minimum five-percent requirement:
(1) 
Any combination of improved walking, jogging or biking trails with gazebos and park benches along the paths;
(2) 
Swings, slides, and play apparatus;
(3) 
Tennis, handball, racquetball, basketball, and volleyball courts;
(4) 
Neighborhood/community swimming pools;
(5) 
Clubhouse with meeting, activity, fitness and exercise rooms;
(6) 
Baseball and soccer fields.
D. 
Design guidelines for public open spaces.
(1) 
Recreation areas shall be accessible within the development and arranged in a manner that affords reasonable access to all residents within the development. When warranted, recreation areas can be dispersed throughout the development, provided that each remote location is accessible.
(2) 
Recreation areas shall be pedestrian oriented and designed with linkages to existing and planned public walkways and with other existing or planned recreation areas.
(3) 
The nature and scope of planned recreation areas shall reflect an awareness of and sensitivity toward the anticipated age groups that would reside within the proposed development.
(4) 
Designs shall consider the need for parking facilities associated with recreation areas.
(5) 
No structure, equipment, or game court surface shall be located closer than 30 feet from any lot line.
(6) 
Landscape buffering of parking areas, game courts, playground areas and other features as necessary to preserve and protect the interests of adjoining residential properties may be required.
E. 
Ownership and maintenance of public open spaces. There shall be provisions that insure that all public open space areas, and all other dedications and/or reservations of land not dedicated to the Town of Milton shall be owned and maintained by a responsible entity. These provisions shall be presented to the Town Council for review and shall be in a form acceptable to Town Council. The developer shall either:
(1) 
Retain ownership and maintenance responsibility of all open space areas; or
(2) 
Provide for and establish a legal entity such as a homeowners' association, community open space trust, or maintenance corporation for the purpose of ownership and maintenance of all common open space in the development in perpetuity.
F. 
Homeowners' association requirements. If the developer proposes to establish a homeowners' association for purposes of ownership and maintenance of common open space, such association shall be governed by the following:
(1) 
Membership in the organization shall be mandatory for all purchasers of properties within the development and their heirs and assigns. The members of the organization shall share equitably the costs of maintaining common open space and recreation areas in accordance with all applicable property maintenance ordinances of the Town of Milton, as adopted and amended from time to time,[1] in accordance with all record plan notes, and in accordance with procedures established by the homeowners' association.
[1]
Editor's Note: See Ch. 158, Property Maintenance.
(2) 
The homeowners' association shall be responsible for maintenance, insurance, taxes, fees, and other burdens customary to the ownership of real property and all improvements and constructions thereon, including but not limited to all recreation amenities, walkways, stormwater facilities, ponds, landscaping, and sanitary sewers and other utilities not owned by the Town of Milton.
(3) 
The homeowners' association shall establish an escrow account or supply a bond listing the Town of Milton as the benefactor in the amount of fair market value of five years' salary for the maintenance, plus property taxes of the property/open space for the assessed value for a period of five years if the homeowners' association ever fails.
(4) 
Restrictive covenants shall be established that provide in the event the homeowners' association fails to maintain the open space according to the standards of this chapter and in accordance with the recorded or approved plan, the Town of Milton may:
(a) 
Demand that the deficiency of maintenance be corrected; or
(b) 
Enter the open space area to maintain same. The cost of such maintenance shall be charged to the homeowners' association; or
(c) 
The escrow or bond may be cashed in for full value and the Town takes control of the open area.
G. 
Exemptions for small developments.
(1) 
Residential subdivisions and land developments with less than 10 acres of gross land shall be exempt from the land requirements set forth in § 188-13 above, but shall require a payment to be made to the Town of Milton by the developer in lieu of dedicated open space.
(2) 
Phases or sections within developments that are commonly proposed for development shall not be considered as individual residential subdivisions or land developments qualified for exemptions under this section.
(3) 
The total amount of payment in lieu of open space at final approval shall be equivalent to the assessed preimprovement value of the land area required. The Town of Milton property tax appraisal service shall determine the assessed preimprovement value of the land. If the Town of Milton and/or the developer do not agree on the land value estimate established by the appraiser, an independent third-party professional real estate appraiser, at the developer's expense, shall perform an appraisal. This appraisal shall be awarded on a competitive bid basis to a qualified, certified appraiser that submits the lowest bid. The Town of Milton shall manage the bid process.
The construction/improvement of open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that 100% of the recreation areas/open space shall be completed prior to issuing building permits for the final 20% of the dwelling units proposed, unless a written agreement is in place between the developer and the Town of Milton. Building permits shall not be issued for dwelling units unless the requirements of this section are met.
All of the improvements listed in this chapter shall be subject to inspection and approval by the Town Engineer or the Town's representative who shall be notified 24 hours prior to installation. No underground installation shall be covered until inspected and approved by the Town Engineer or other authorized Town representative.
A. 
Natural features, such as trees, brooks, hilltops, and views shall be preserved whenever possible in designing any subdivision containing such features.
B. 
Grading fill topsoil and protections thereof:
(1) 
Grading shall be done to meet the requirements of DNREC, Sussex Conservation District and the ordinances of the Town of Milton;
(2) 
All material to be used as fill, including the disposal of any soil accumulated during development, construction, and clearing of the land, must be reviewed by the Town Council before being used. The Town Council shall take into consideration the water table, drainage, and soil characteristics of the site in question when making such decision; and
(3) 
No topsoil shall be removed from the site during the course of development and construction but shall be pushed aside during such period while filling and grading. Such topsoil shall then be redistributed so as to provide at least six inches of cover to all areas not occupied by buildings or other facilities and shall be established so as to remain in place with the planting of an eighty-percent mixture of perennial grass seed.
All gas, water, sewer, stormwater, electric and other mains, pipes and conduits, together with all service connections or laterals which shall be constructed to the property lines, shall be laid, where the need therefor can be reasonably determined, before streets, accessways or alleys shown on approved plans are paved. After such streets, accessways or alleys are paved, no openings shall be permitted in such paving for a period of five years, except by special permission of the Town Council.
The criteria for utility and watercourse easements shall be as follows:
A. 
Easements along real property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies and municipal departments concerned.
B. 
Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, at such further width or construction, or both, as will be adequate for the purpose, as determined by Town Council.
Prior to granting approval of the subdivision, the subdivider shall have installed or shall present his agreement with the Town covering the installation of water mains in connection with the established system.
A. 
Water connections to the Town water system shall be properly installed and connected to the water system of the Town in accordance with the requirements and standards of the Town. The developer will be responsible for water infrastructure until final acceptance and official release of the completion guaranty, including repairs, if necessary, and other reasonable provisions for the convenience and safety of traffic.[2]
[2]
Editor's Note: See also Ch. 215, Water.
[1]
Editor's Note: See also Ch. 215, Water.
Prior to granting approval of the subdivision, the subdivider shall have installed or shall present his agreement with the Town covering the installation of storm sewers and sanitary sewers and their respective connections with the established systems in accordance with Town standards and requirements.
A. 
Sanitary sewer, culverts and storm sewers shall be properly installed and connected with the Town system or as determined by the Town Engineer or representatives of other agencies. The developer will be responsible for culverts and storm sewers infrastructure until final acceptance and official release of the completion guaranty, including repairs, if necessary, and other reasonable provisions for the convenience and safety of traffic.[1]
[1]
Editor's Note: See also Ch. 170, Sewers.
The design criteria for street blocks are as follows:
A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 220, Zoning, and to provide for convenient access, circulation control and safety of street traffic;
B. 
Residential blocks shall not exceed 1,200 feet in length, and in residential blocks over 800 feet in length a pedestrian crossway shall be provided in locations deemed necessary by the Town Council. Such walkways shall be 10 feet wide and be straight from street to street. There shall be installed a five-foot walk paved in accordance with the Town specifications. Lots abutting such a walk shall be treated as a corner lot.
Streets shall be designed to conform to the design standard set forth in this chapter and shall be paved in accordance with specifications for the paving of the streets established by the Town.[1] The requirements for street designs shall be as follows:
A. 
The arrangement of streets shall be such as to provide for the appropriate extension of existing streets.
B. 
The design of subdivision streets is to be in accordance with the latest standards published by the American Association of State Highway and Transportation Officials, the State of Delaware Division of Highways Rules and Regulations for Subdivision Streets and this chapter. Where conflicts exist, this chapter shall take precedence.
C. 
Traffic controls and pavement markings shall conform to the Delaware Department of Transportation Bureau of Traffic Signing and Striping Guidelines.
D. 
Entrances onto existing state-maintained and Town-maintained streets shall be designed in accordance with the Delaware Department of Transportation Division of Highways Standards and Regulations for Access to State Highways, latest edition.
E. 
Minor streets shall be designed to discourage through traffic.
F. 
Subdivisions abutting arterial streets shall provide a service street, and reserve frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Town Council may determine appropriate.
G. 
The minimum right-of-way shall be measured from lot line to lot line, and measured in accordance with the following schedule:
(1) 
Arterial streets: 120 feet;
(2) 
Major collector streets: 80 feet;
(3) 
Minor collector streets: 60 feet;
(4) 
Minor streets: 50 feet;
(5) 
Alleys: 25 feet.
H. 
The Town assumes, while retaining all controls over the dedicated rights-of-way, no responsibility for:
(1) 
Maintenance of the dedicated portion of the right-of-way beyond the back of curb or present edge of pavement where no curb exists.
(2) 
Cutting of grass in any portion of the right-of-way.
I. 
Minimum street widths within a subdivision.[2]
(1) 
Minor streets shall be 32 feet wide from back of curb to back of curb with Integral PCC Curb and Gutter, Type 3 required.
(2) 
Minor collector streets shall be 40 feet wide from back of curb to back of curb with Integral PCC Curb and Gutter, Type 3 required.
(3) 
Major collector streets shall be divided and a minimum of 24 feet wide from back of curb to back of curb per direction of travel with Integral PCC Curb and Gutter, Type 3. A landscape island a minimum of eight feet in width shall separate travel lanes. PCC Curb, Type 1 or Integral PCC Curb and Gutter, Type 3 shall be required for the island.
(4) 
Arterial street widths will be considered carefully by the Town Council and will be determined after conferring with other outside agencies.
(5) 
Alleys to be dedicated to the Town of Milton shall be 15 feet wide inside curb to inside curb with either Integral PCC Curb and Gutter, Type 2 or Type 3.
[2]
Editor's Note: See diagrams included at the end of this chapter.
J. 
Integral PCC Curb and Gutter, Type 3 curbs shall be placed on both sides of the street in accordance with specifications of the Town.
K. 
Horizontal curves on minor streets shall have a minimum radius of 150 feet and a minimum sight distance of 150 feet. Minor collector streets shall have a minimum radius of 300 feet and a minimum sight distance of 200 feet. Major collector streets shall have a minimum radius of 500 feet and a minimum sight distance of 225 feet.
L. 
Subdivisions that adjoin or include existing streets that do not conform to the street requirements of this section shall dedicate additional width along either or both sides of the street.
M. 
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 3/10 of 1%.
N. 
Street intersections shall be as nearly at right angles as possible and in no case be less than 60°. The block corners at intersections shall be rounded at the curbline with the curb having a radius not less than 25 feet.
O. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
P. 
A tangent of at least 100 feet long shall be introduced between reverse curves.
Q. 
When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
R. 
All changes in grade shall be connected by vertical curves of sufficient length.
S. 
Dead-end streets and culs-de-sac shall not be longer than 400 feet and shall provide a turnaround at the end with a paving radius of 40 feet. If a street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
T. 
No street shall have a name, which will duplicate or so nearly duplicate as to be confused with the existing streets. Continuation of an existing street shall have the same name. A street name sign identical to those already established in the area or of a design and material specified by the Town shall be installed in a base at each street intersection in accordance with the specifications of the Town.
U. 
Sidewalks shall be placed on both sides of the street and separated from the curb by a grass strip or landscaped buffer area of at least three feet in width on minor streets, at least four feet in width on minor collector streets and at least six feet in width along major collector streets and installed in accordance with the specifications of the Town for design and material.
V. 
Streetlighting shall be installed at street intersections, on curves, and at the end of dead-end streets and shall be spaced a maximum of 300 feet apart along a straight street. The cost of the installation of the streetlights shall be borne by the developer. All electric lines shall be located underground. The developer shall pay the cost of the electricity for the streetlights until final construction of streets is completed and the street is accepted by the Town of Milton.
W. 
Shade trees are to be located in back of the curbline so as not to interfere with the utilities, sidewalks or driveways.
X. 
Where buffer yards are required or proposed, they shall be planted with growth of such type and quality to produce from time of planting a screening hedge of such density and height to effectively perform its purpose the year round. Such proposed planting should be reviewed by the Town Council prior to approval of the subdivision.
Table I
Street Specifications for Subdivisions
General.
Subdivision streets shall be designed to the standards of the Town of Milton. The following outlines the requirements for a subdivision street typical section design.
Pavement Design.
The design of the pavement sections for subdivision streets shall be as per table, the anticipated number of units utilizing the streets and utilization of the streets by construction traffic.
The required structural numbers and examples of acceptable pavement sections are shown in the attached tabulation.
Under drains to drain wet areas shall be placed as directed by the engineer of the developer with concurrence by Town Engineers.
Commercial and Light Industrial Park Streets.
Streets serving light industrial or commercial sites shall be constructed, at a minimum, to the same standards as minor collector streets.
Pavement Sections.
Pavement sections are to be designed based on the number of single-family units utilizing the planned street. The pavement sections listed below are provided as the required structural numbers, but other sections, which meet the structural number requirement, are acceptable. Four rules apply however:
A.
At least three inches of hot mix, in two courses, must be provided, four inches on collector streets.
B.
At least eight inches of graded aggregate, Type A (CR-1) must be provided.
C.
Hot mix may only be applied over premixed (CR-1), not directly over select borrow.
D.
Undisturbed subgrade cannot be counted in structural number calculations.
The pavement section of streets built to serve a future area of development shall be increased in strength to serve both the present and future traffic loads. If such a street must also serve construction traffic of future development, the pavement sections shall again be increased in strength as follows:
Number of Units Proposed for Future Development Area
Increase in Structural Number
1 to 100
0.48
Over 100
0.80
Number of Units
Required Structural Number
Example Pavement
Alley
2.30
1 1/4 inches – Type C
1 3/4 inches – Type B
8 inches – Graded Aggregate\SN = 2.32
1 to 50
2.70
1 1/4 inches – Type C
1 3/4 inches – Type B
11 inches – Graded Aggregate\SN = 2.74
51 to 100
2.90
1 1/2 inches – Type C
2 inches –Type B
11 inches – Graded Aggregate\SN = 2.94
101 to 200
3.30
1 1/2 inches – Type C
3 inches – Type B
11 inches – Graded Aggregate\SN = 3.34
201 to 300
3.80
1 3/4 inches – Type C
4 inches – Type B
11 inches – Graded Aggregate\SN = 3.80
Over 300
4.10
1 3/4 inches – Type C
4 inches – Type B
11 inches – Graded Aggregate\SN = 4.20
Tabulation of Structural Numbers
Use
Material
Structural Number for Inch Thickness
Surface course
Hot mix, Type C
0.40
Binder course
Hot mix, Type B
0.40
Base course
Select borrow
0.08
Quarry waste
0.11
Graded aggregate, Type A (CR-1)
0.14
Bituminous concrete
0.32
[1]
Editor's Note: See Table I below and diagrams included at the end of this chapter.
[Amended 4-1-2013 by Ord. No. 2013-01[1]]
A. 
Streets, including but not limited to the final layer of blacktop, and sidewalks shall be completed by the time 80% of the lots in the subdivision or the phase, if the subdivision is constructed in phases, are either sold or built upon, or by the time five years have passed since the final approval for a subdivision or the phase, whichever occurs first, unless otherwise approved by the Mayor and Council for good cause shown.
B. 
The developer shall be responsible for streets and sidewalks until final acceptance and official release of the completion guaranty, including repairs, if necessary, and other reasonable provisions for the convenience and safety of traffic. Until final acceptance and official release of the completion guaranty, the developer shall be responsible, also, for the removal of snow from streets when necessary for the convenience or safety of traffic.
[1]
Editor's Note: This ordinance also provided that it shall go into effect immediately and shall apply to all subdivisions and phases that have not reached the 80% threshold, regardless of whether five years have passed since final approval.
Sufficient parking spaces shall be provided as required by Chapter 220, Zoning, and this chapter.
Land subject to flooding and land deemed by the Town Council to be uninhabitable shall not be plotted for residential occupancy nor for such other uses that may increase the danger to health, property, or aggravate the flood hazard. Such land within the plot shall be set aside for such uses as will not be endangered by periodic or occasional inundation, will not produce unsatisfactory living conditions and shall be adequately drained and filled in accordance with regulations of any governmental body having jurisdiction over the same. Such land will not be calculated as open space, but will be included when calculating the total acreage for open space.
The plat plan, as required under provisions of this chapter, shall:
A. 
Include all recommendations made by the Town Council and the Planning and Zoning Commission following review and discussion, if so undertaken, and all subsequent requirements as may be set forth by this chapter and other official agencies.
B. 
Be drawn to scale and on paper 24 inches by 36 inches. If the plat plan is drawn in two or more sections, a key map showing the location of the several parts shall accompany it.
C. 
The plat plan shall show the following:
(1) 
The proposed subdivision name or identifying title.
(2) 
The name and address of the owner of record and the developer.
(3) 
The name, address, license number and seal of the licensed land surveyor or engineer.
(4) 
A space for signature by the Mayor and Secretary of the Town Council approving the application and the date of approval, to be provided as follows:
This map has been approved by the Town Council of the Town of Milton at a meeting held on ____________________.
The Town of Milton
By:
Mayor
Attest:
Secretary
(5) 
The date of the survey.
(6) 
The reference meridian for bearings on the map shall be shown graphically and definitely described. Magnetic bearings shall show the date of observation.
(7) 
The graphic scale.
(8) 
Boundaries of the project must be submitted as a scale drawing with the scale used indicated on the drawing and be shown in heavy outline.
(9) 
A location map at a scale not less than 800 feet to the inch showing the relation of the property to adjoining property and to all streets, roads, watercourses, natural and artificial, streams, shorelines, or other water boundaries and all municipal boundary lines crossing or adjacent to the property and existing within 1,000 feet from any part of the property proposed for subdivision.
(10) 
The names of all subdivisions immediately adjacent, and the names of all owners of immediately adjacent lands, the block and lot number of each, the Sussex County Tax Map and parcel number and the property lines of the land to be subdivided.
(11) 
The full plan of the development, including all lot lines and their dimensions, streets, roads, parking areas and alleys, utility easements, parks, playgrounds and other public areas indicating which are to be dedicated to public use and which are being reserved by the owner, and the conditions of such dedications or reservations, the proposed names of all new streets and building setback lines for each street.
(12) 
Provision for buffer areas and other landscaping.
(13) 
The location, design and size of all signs and lighting facilities.
(14) 
The locations and dimensions of areas proposed for neighborhood parks or playgrounds, or other permanent open space.
(15) 
The location and design of all energy distribution facilities, including electrical, gas and solar energy.
(16) 
Location for stormwater management facilities.
(17) 
The lines and dimensions of all property which is offered, or is to be offered, for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the property owners of the development.
(18) 
Right-of-way lines.
(19) 
Easements.
(20) 
Notations and descriptions of deed restrictions, if any.
(21) 
Dimension from center line of site entrance to center line of nearest road intersection.
(22) 
All existing watercourses, tree masses, and other significant features within the boundaries of the plat.
(23) 
A plan for surface drainage of the development approved and sealed by Delaware Soil Conservation District.
(24) 
Contours at one-foot intervals.
(25) 
The designs of any bridges or culverts, which may be required by and as approved by the Town Engineer.
(26) 
The plan for connecting to the water supply system of the Town as approved by the Town Engineer.
(27) 
The plan for connecting to the sewer system of the Town as approved by the Town Engineer.
(28) 
Sufficient data acceptable to the Town Engineer to determine readily the location, bearing and length of every boundary line, street line, or lot line so as to reproduce the lines upon the grounds; and the length of all straight lines, deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings for each street. All dimensions and angles or bearings of the lines of each lot shall also be given. All dimensions shall be shown in feet and hundredths of a foot.
(29) 
By legend and symbol, the monuments established in accordance with the above, distinction being made between monuments which were found and monuments which were placed on the tract boundary and those set for survey control.
(30) 
All lot corner markers which are required to be permanently located in the ground to the proposed grade and to the satisfaction of the Town Engineer.
(31) 
Where the plat plan submitted covers only a part of the subdivider's entire holding, a sketch of the unsubmitted part shall be furnished; and the street system of the submitted part will be considered in the light of adjustments and connections with the future system of the part not submitted.
(32) 
A data column with the following information:
(a) 
Total acreage within project.
(b) 
Total acreage within open space.
(c) 
Total acreage/square footage within lots.
(d) 
Number of lots.
(e) 
Dwelling units (type and number).
(f) 
Average lot area.
(g) 
Minimum lot area.
(h) 
Maximum lot area.
(i) 
Density.
(j) 
The zoning classification of property.
(k) 
Number of permanent monuments (also locate and describe on plan).
(l) 
Sussex County property identification number.
(m) 
Percentage of impervious surface coverage of parcel.
[1] 
Paving.
[2] 
Buildings.
(33) 
In case of proposed streets being dedicated to public use, add the following note:
(a) 
"Subdivision streets constructed within the limits of the right-of-way dedicated to the public use shown on this plan are to be maintained by the Town of Milton following the completion of the streets by the developer to the satisfaction of the Town. The Town assumes no maintenance responsibilities within the dedicated street right-of-way until the Town has accepted the streets."
(34) 
Owner's certification as follows: "I, _____, hereby certify that I am the owner of the property described and shown on this plan and that the plan was made at my direction*, and that I acknowledge the same to be my act and desire the plan to be recorded according to law." (NOTE: * In the case of proposed streets to be dedicated, add the following after the word "direction" to the above certification: "...that all streets shown hereon and not heretofore dedicated are hereby dedicated to the public use and that all proposed monuments and markers shown hereon will be set at the location indicated,".)
(35) 
Engineer's, land surveyor's or architect's certification as follows:
I, _____, hereby certify that I am a registered engineer, land surveyor, or architect in the State of Delaware, that the information shown hereon has been prepared under my supervision and to my best knowledge and belief represents good engineering, surveying, and/or architectural practices as required by the applicable laws of the State of Delaware.
Date _________ Seal _______________ Signature
The following shall be filed with the plat plan:
A. 
Certificate of title showing ownership of the land to be vested in the subdivider or other applicant for approval.
B. 
Street profiles and cross-sections for all streets which shall have been approved by the Town Engineer.
C. 
Certificate of Town Engineer as follows: "I have carefully examined this map and find it conforms with all the laws of the State of Delaware and the ordinances of the Town of Milton."
D. 
Cost estimate for any required improvements as per § 188-37 of this chapter.
E. 
Performance guarantee in accordance with § 188-37 of this chapter.
F. 
Copy of such private deed restrictions, including building setback lines, as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect title of the land being subdivided. Such restrictions shall be satisfactory to the Town Council and shall provide, in the case of any lot intended for residential use, against further division thereof by the grantee without obtaining approval of the Town Council.
G. 
Copy of the certificate of approval of any other official body which may become involved or have an official interest in the development.
A. 
An application for partitioning of a lot shall be made on a form supplied by the Town Council, together with a plat/map, prepared by and attested to by a licensed surveyor or engineer, showing the property to be divided and showing the entire frontage of the proposed partitioned lots, and that of the adjoining properties of the proposed partition. The application, plat and the required fees shall be submitted to the Town Clerk for recording prior to forwarding to the Town Council. The required fees shall be the fees established in the currently effective Town of Milton Fee Schedule. The Town Council may approve partitioning applications which are found to meet all of the requirements of this chapter and Chapter 220, Zoning. A record of all partitions and one copy of the approved plat shall be kept by the Town Council and reflected in the minutes of the Town Council.
[Amended 9-9-2013 by Ord. No. 2013-04]
B. 
The applicant/partitioner shall submit the approved plats, within 90 days from the approved date, to the office of the Recorder of Deeds, in and for Sussex County for recording. If any approved plat is not filed within that period, the approval of such partition shall expire. The Town Council, for good cause shown, may extend the time for filing of the plat for a period not to exceed 90 days.
C. 
If the Town Council disapproves a partition application, a written notice shall be returned to the applicant stating the basis for such disapproval. Reasons for disapproval shall be remedied prior to any resubmission.
The owner of any land within the Town may submit to the Town Council a sketch plan of a subdivision for purposes of discussion and classification pursuant to the provisions of §§ 188-30 through 188-32 of this chapter. The sketch plan shall be submitted two weeks before the regularly scheduled meeting of the Town Council. The sketch plan may be drawn by the applicant but due care should be taken that all information shown thereon is accurate. This sketch plan is for information purposes only and does not constitute approval for any subdivision. The Town Council may make comments back to the applicant in verbal or written form. Verbal comment will be given at the regularly scheduled meeting or written comments may be made within three weeks after the regularly scheduled meeting.
The procedure for the approval of a minor subdivision shall be as follows:
A. 
An application for a minor subdivision shall be made on a form supplied by the Town Council and shall be filed at least two weeks prior to the regularly scheduled meeting of the Town Council with the required fees, in the amount specified in the ordinance adopted by the Town Council, for the Town Clerk's acceptance and recording prior to consideration by the Town Council. For subdivision fees, please consult the currently effective Town of Milton Fee Schedule.
[Amended 9-9-2013 by Ord. No. 2013-04]
B. 
The applicant shall supply at least 20 copies of a plat prepared by and attested to by a professional licensed surveyor or professional engineer. Such plat shall show its location, surrounding properties, roads or other applicable details, and the proposed subdivision layout as platted from deed, Tax Map, and/or survey and in accordance with this chapter, which will assure legibility.
C. 
The Town Council shall review the application and forward the plat to the Planning and Zoning Commission for their recommendations and review.
D. 
The Planning and Zoning Commission shall review the plat for accuracy and receive from the applicant any outside agency recommendations. The Planning and Zoning Commission shall send their recommendations to the Town Council.
E. 
The Town Council shall review all recommendations, making certain that all of the requirements set forth in this chapter and Chapter 220, Zoning, have been satisfied before the approval of a minor subdivision.
F. 
If the Town Council disapproves a minor subdivision application, a written notice shall be returned to the applicant. Reasons for disapproval shall be remedied prior to any resubmission.
G. 
A copy of the plat plan, as approved by the Town Council, shall be filed by the subdivider/applicant with the office of the Recorder of Deeds, in and for Sussex County, within 90 days from the date of such approval. If the approved final plat is not filed within the ninety-day period, the approval of such minor subdivision shall expire. The Town Council, for good cause shown, may extend the time for filing of the plat for a period not to exceed 90 days.
The procedure for the preliminary approval of a major subdivision shall be as follows:
A. 
An application for a major subdivision shall be made on a form supplied by the Town Council and shall be filed at least two weeks prior to the regularly scheduled meeting of the Town Council with the required fees, in the amount specified in the ordinance adopted by the Town Council, for the Town Clerk's acceptance and recording prior to consideration by the Town Council. For subdivision fees, please consult the currently effective Town of Milton Fee Schedule.
[Amended 9-9-2013 by Ord. No. 2013-04]
B. 
The applicant shall supply at least 20 copies of the subdivision plat prepared by and attested to by a professional licensed surveyor or professional engineer. Such plat shall show its location, surrounding properties, roads or other applicable details, and the proposed subdivision layout as platted from deed, Tax Map, and/or survey and in accordance with this chapter, which will assure legibility.
C. 
The Town Council shall review the application and plat and forward the plat with comments to the Planning and Zoning Commission for their review and recommendations.
D. 
The Planning and Zoning Commission will place the subdivision application on the agenda for a public hearing. The Planning and Zoning Commission shall collect all recommendations from the public hearing.
E. 
The Planning and Zoning Commission shall review the plat to ensure that it meets the requirements set forth in all Town ordinances, giving attention to open spaces and community needs. The recommendations from those attending the public hearing shall be given careful consideration in the review process.
F. 
Once the Planning and Zoning Commission satisfies that all requirements from the Town ordinances are met, the Planning and Zoning Commission shall give preliminary site plan approval.
G. 
Once the preliminary site plan has received approval from the Planning and Zoning Commission, the applicant shall contact or file with all necessary agencies for their review and approval prior to the applicant coming back before the Planning and Zoning Commission and the Town Council for final approval. After receiving approvals from the outside agencies if the approved preliminary site has not been changed significantly, the applicant may apply for final site plan approval. Significant change will be at the discretion of the Planning and Zoning Commission.
H. 
The approval for the preliminary site plan subdivision shall expire within one year after the date of the approval by the Planning and Zoning Commission. The Planning and Zoning Commission may grant an extension for a period of up to one year if the applicant shows just cause for the delay.
I. 
If the Planning and Zoning Commission disapproves the preliminary major subdivision site plan application, a written notice shall be returned to the applicant within 15 working days stating the basis for such disapproval. Reasons for disapproval shall be remedied prior to any resubmission to the Commission.
Final approval of a major subdivision shall be in accordance with the following procedure:
A. 
Application for approval of a major subdivision will be presented by the owner or his agent to the Town Clerk on forms supplied by the Town Council at least 21 days in advance of a regular scheduled meeting of the Planning and Zoning Commission.
B. 
The applicant shall supply at least 20 copies of the subdivision plat prepared by and attested to by a licensed surveyor. Such plat shall show its location, surrounding properties, roads or other applicable details, and the proposed subdivision layout as platted from deed, Tax Map, and/or survey and in accordance with this chapter, which will assure legibility. The applicant will present to the Town Clerk all approvals from the outside agencies (including but not limited to signed topographic plats, water designs, sewage designs, stormwater management designs, highway access or curb cuts).
C. 
The Town Clerk shall receive the application and all required plats and material, and shall acknowledge receipt in a proper space on the application. He or she shall return one copy to the owner or agent as their receipt and file one copy as the record of receipt.
D. 
The Town Clerk shall, upon receipt of the application, make certain that all material required accompanies the application. If the owner or agent has failed to provide all required material, the Town Clerk shall so advise the owner or agent, in writing, and return all material received, except the application, for resubmission. If all required material is in order, the Town Clerk shall place the application on the agenda of the next regular scheduled Planning and Zoning Commission meeting and forward a copy of the application together with the prints of the plat plan and other required material to the Planning and Zoning Commission for their review and decision.
E. 
The Planning and Zoning Commission shall review the plat for final approval of a major subdivision and all the required material, making certain that all the requirements and conditions set forth in this chapter and the other Town ordinances have been satisfied. If the owner or his agent fails to satisfy all of the requirements, the Planning and Zoning Commission shall so advise, in writing, and return all material required, except the application and one copy of the plat plan, for correction or addition thereto and resubmission.
F. 
Once the final site plan has received approval from the Planning and Zoning Commission, the application and approved final plat will be forward to the Town Council for their approval.
G. 
The Town Council shall act on an application for approval of a major subdivision, which it has found to be in order, within 90 days. Upon final approval by the Town Council of any application, the Mayor and Secretary of the Town Council approving such application shall sign the plat plan and the application and shall have three copies of the plat plan for distribution to the Board of Assessment, Town Engineer and the Code Enforcement Officer. Three signed plats will be returned to the applicant/owner.
H. 
The applicant/owner shall be responsible for recording the approved plat with the office of the Recorder of Deeds, in and for Sussex County, within 90 days from the date of such approval. The Town Council, for good cause shown, may extend the time for the filing of the plat for a period not to exceed 90 days. No plat shall be filed for the development of a subdivision in the Recorder of Deeds, in and for Sussex County, unless the Town Council has approved it.
Town Council may approve minor lot line adjustments between two parcels for the purpose of small adjustments in boundaries for recordation after review and determination of compliance with all applicable zoning and subdivision regulations, provided:
A. 
The total area of the adjustment does not exceed 10% of the combined area of the lots affected by the adjustment.
B. 
No additional lots are created.
C. 
The owner submits a plat for review and approval. The requirements for the plat must contain all the information as required by Table IV at the end of this chapter.
D. 
Approval of the plat by the Town Council does not automatically transfer property. A separate deed must also be recorded to transfer the property being conveyed.
Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography or other conditions which are not self-imposed or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the Town Council may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter or be contrary to the goals and objectives of the Comprehensive Plan for the Town of Milton. In no case shall any variation, modification or waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with Chapter 220, Zoning.
A. 
Variances, modifications, and waivers from the requirements of this chapter shall be granted only by the affirmative vote from 2/3 of the members of the Town Council.
B. 
In granting variances, modifications, and waivers, the Town Council may require such conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified, or waived.
C. 
Requests for variances, modifications, and waivers may be presented at a scheduled Town Council meeting. Such requests must be submitted to the Town Council at or before the normal deadline established by the Council.
D. 
This section does not apply to the requirements of other public agencies.
A. 
No building permit shall be issued, nor shall construction be authorized, by the Town of Milton on lands where a subdivision or land development plan is required to be approved and recorded as provided herein, until the compliance with this chapter and other applicable provisions has been determined by the Town Council.
B. 
No certificate of occupancy shall be issued until required improvements have been installed, constructed, or placed for the lot in a manner acceptable to the Town.
A. 
As a condition of approval of improvement plans, the Town Council shall require the subdivider to post a performance bond or other guaranty for any improvements required by the applicant of this chapter in an amount sufficient to construct the improvements and in a form acceptable to the Town Solicitor and or Town Engineer. The applicant shall submit a detailed estimate for the cost of the improvements. The amount of such bond shall be no less than 125% of the cost of improvements. Bonding and guaranties shall be required for the following, or other improvements deemed necessary by the Town Council.
B. 
A bond or guaranty shall be furnished for the following:
(1) 
Streets.
(2) 
Street signs.
(3) 
Sidewalks.
(4) 
Curbs.
(5) 
Streetlighting.
(6) 
Shade trees.
(7) 
Buffer yard plantings.
(8) 
Grading fill topsoil and protection thereof.
(9) 
Culverts and stormwater retention ponds.
(10) 
Stormwater system.
(11) 
Sanitary sewers.
(12) 
Water mains.
(13) 
All utilities (example: gas, electric and other mains, pipes and conduits).
Upon completion and prior to the release of the developer's performance guaranty, the developer shall provide the Town of Milton detailed as-built plans, including horizontal and vertical locations. Five paper prints and two digital copies in CAD format acceptable to the Town shall be provided. Information to be provided shall include:
A. 
The date of the survey;
B. 
The graphic scale;
C. 
The location of all water-supply lines and laterals to the individual lots in the development as well as valves, meters, fire hydrants and appurtenances;
D. 
The location of all sewer lines and laterals to the individual lots in the development as well as manholes, inlets and cleanouts;
E. 
The location of all storm sewer lines, drainage structures and stormwater management facilities in the development;
F. 
Sufficient data to determine readily the location, bearing and length of every boundary line, street line, or lot line so as to reproduce the lines upon the grounds; and the length of all straight lines, deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings for each street.
G. 
All dimensions and angles or bearings of the lines of each lot shall also be given.
The Town Council shall arrange with the Town Solicitor for a search of title and the recording in the office of the Recorder of Deeds, in and for Sussex County, of a deed conveying title, free from all encumbrances and liens to property transferred by deed to the Town of Milton.
Final action by the Town Council shall include:
A. 
Accepting the construction improvements.
B. 
All terms and conditions of the agreement, including submission of a satisfactory release of liens, have been met satisfactorily.
C. 
Releasing the developer's completion guaranty.