[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.
[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.
C. Curbs or gutters, or both.
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]
C. Curbs or gutters, or both.
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 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.
[Added 5-20-1983 by Ord. No. 116]
Upon the findings of the Planning and
Zoning Commission 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.
[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 (after public notice and hearing). Not more than
two such extensions may be granted.
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.
[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.