In addition to the requirements established
herein, all subdivision plans shall comply with the following laws,
rules, and provisions:
A.
All applicable statutory provisions.
B.
Chapter 155, Zoning, of the Code of the Town of Millville and all other applicable laws of the appropriate jurisdictions.
C.
The Municipal Development Strategy of the Town of
Millville, including all improvements shown on the Municipal Development
Strategy as adopted.
D.
Any requirements or rules of appropriate state agencies.
E.
The standards and regulations adopted by any Millville
commissions or officials.
F.
No approvals shall be granted for extensions of subdivisions
until the developer has met all requirements of this chapter on all
portions of the subdivision previously approved.
G.
Building permits may be withheld if a subdivision
does not conform to the above guidelines or purposes of these regulations.
H.
Land which the Town Council finds to be unsuitable
for subdivision or development due to flooding, improper drainage,
steep slopes, rock formations, adverse earth formations or topography,
utility easements, or other features which will reasonably be harmful
to the safety, health, and general welfare of the present or future
inhabitants of the subdivision and/or its surrounding areas shall
not be subdivided or developed unless acceptable methods are determined
by the developer and approved by the Town Council to solve the problems
created by the unsuitable land conditions. Such land shall be set
aside for uses as shall not involve such a danger.
I.
Existing features which would add value to residential
development or to the Town as a whole, such as trees, waterways, historic
spots, and similar irreplaceable assets, shall be preserved in the
design of the subdivision.
J.
Strip development, for example and not by limitation,
several houses built along a road, while the remaining bulk of the
parcel from which the lots are partitioned remains undeveloped and
with limited access of all types, should be limited and avoided as
such may lead to undesirable consequences relative to the future development
of interior parcels and compromise the safety and integrity of the
roads involved.
K.
The applicant shall place permanent reference monuments
of stone or concrete, at least 30 inches in length, and four inches
square with suitable center point, flush with the finished grade at
such locations as may be required by the Town Council. Monuments of
noncorrosive metal pipe, 3/4 inches in diameter and at least 24 inches
in length, shall be set in place, flush with the finished grade at
all intersections of streets; at all intersections of streets and
alleys within subdivision boundary lines; at all points on streets,
alleys, and boundary lines where there is a change in direction or
curvature; and at all lot corners.
A.
The lot arrangement, design, and orientation shall
be such that all lots will provide satisfactory building sites properly
related to the topography and character of surrounding development.
B.
The dimensions and areas of all lots shall comply
with the requirements of the zoning district in which they are located.
C.
Excessive lot depth in relation to lot width shall
be avoided.
D.
Corner lots shall, if possible, have extra width to permit appropriate building setback from both streets in accordance with Chapter 155, Zoning.
E.
Every lot shall abut upon and have access to a street.
F.
Double frontage and reverse frontage lots shall be
avoided, except where their use is essential to overcoming special
topographic problems or to separating residential development from
heavy street traffic.
G.
Residential lots fronting or abutting on major thoroughfares
shall have extra lot depths and deeper building setbacks.
H.
Residential lots shall not take access from collector
streets.
I.
Insofar as possible, side lot lines shall be substantially
at right angles or radial to the street line, except where a variation
to this requirement will provide an improved street and lot layout.
J.
The size and shape of lots intended for single-family
residential use shall be sufficient to permit the ultimate provision
of at least a single garage on each lot, except that the Town Council
may permit the grouping of garages into a compound serving several
such lots.
K.
Lots shall be laid out so as to provide positive drainage
away from all buildings, and individual lot drainage shall be coordinated
with the general storm drainage pattern for the area.
A.
The street layout shall be designed to create desirable
building sites while respecting existing topography, minimizing street
grades, avoiding excessive cuts and fills, and preserving trees to
the maximum extent possible.
B.
Streets shall be spaced to allow for blocks meeting
the dimensional requirements contained herein and to minimize the
number of intersections with existing or proposed major thoroughfares.
C.
Where the subdivision adjoins or embraces any part
of a major thoroughfare, the layout of such subdivision shall provide
for the platting and dedication of such part of the major thoroughfare
in the location and at the width indicated, except that the subdivider
shall not be required to dedicate that part of such major thoroughfare
which is in excess of 60 feet in width (30 feet from the center line
on either side of the right-of-way). The subdivider may, however,
be required to reserve any excess over 60 feet for future acquisition
by the State Division of Highways.
D.
Where deemed desirable to the layout of the subdivision
and adjoining areas, the Town Council may require the platting and
dedication of one or more collector streets or parts thereof to serve
the subdivision.
E.
Minor streets, intended primarily for access to individual
properties, shall be so arranged as to discourage their use by through
traffic.
F.
Streets shall be laid out to intersect one another
at as near right angles as topography and the limiting factors of
good design will permit, and no street shall intersect another street
at an angle of less than 70° for a minor street or 80° for
a major thoroughfare.
G.
All streets shall be constructed to meet the standards
and specifications of the State of Delaware Division of Highways and
the Town of Millville. Street names must be approved by the Town Council
and Sussex County.
H.
Proposed collector streets in the subdivision shall
provide for the continuation of existing, planned, or platted streets
on adjacent tracts, unless such continuation shall be prevented by
topography or other physical conditions, or unless such extension
is found by the Town Council to be unnecessary for the coordination
of development between the subdivision and such adjacent tract. When
deemed advisable the Town Council may restrict access to proposed
collector streets from abutting properties.
I.
Where the Town Council deems it desirable or necessary
to provide access to adjacent tracts not presently subdivided, proposed
collector streets in the subdivision shall be extended to the boundary
lines with such adjacent tract, and temporary turnarounds shall be
provided within the subdivision at the ends of such streets, by means
of temporary easements or otherwise.
J.
Where the subdivision abuts or contains a major thoroughfare,
the Town Council may require that measures be taken to reduce the
impact of heavy traffic on the residential lots abutting or fronting
upon such highway and to afford separation of through and local traffic
by one of the following measures:
(1)
By providing vehicular access to such lots by means
of a service drive separated from the major thoroughfare by a planting
strip at least 30 feet in width and connecting therewith at infrequent
intervals.
(2)
By designing reverse frontage lots having access only
from a parallel minor street or from cul-de-sac or loop streets, and
with vehicular access to such lots from the major thoroughfare prohibited
by deed restrictions or other means. The choice of the most appropriate
method of accomplishing the desired purpose in a specific instance
shall be made by the Town Council or its staff, giving consideration
to topography and other physical conditions, the character of existing
and contemplated development in the subdivision and its surroundings,
and other pertinent factors.
K.
Cul-de-sac streets, generally not exceeding 600 feet
in length, shall be permitted where they are necessitated by topographic
conditions or where, in the judgment of the Town Council or its staff,
they are appropriate to the type of development contemplated.
L.
Private alleys shall be provided in commercial and
industrial areas, unless adequate access to parking and loading areas
is provided by other means. In the absence of private alleys, easements
will be required for utility lines or drainage facilities.
M.
Upon the completion of construction on 30% or more
of the lots within the proposed subdivision, the street improvements
required herein shall be completed by the subdivider.
N.
No street referred to herein shall be dedicated to
the Town of Millville nor accepted for dedication by the Town of Millville
unless the street shall have been constructed to meet the standards
and specifications of the State of Delaware, Department of Transportation,
and Division of Highways.
O.
Shade trees. Shade trees are to be located behind
the curbline so as not to interfere with utilities, sidewalks, or
driveways, at intervals of approximately 60 feet.
In order to provide for roads of suitable location, width, and
improvement to accommodate prospective traffic and afford satisfactory
access to police, fire fighting, snow removal, sanitation and road
maintenance equipment, and to coordinate roads so as to compose a
convenient system and avoid undue hardships to adjoining properties,
the following minimum design standards for streets and roads are hereby
required:
A.
The arrangements of streets shall be such as to provide
for the appropriate extension of existing streets.
B.
Minor streets shall be so designed as to discourage
through traffic.
C.
Subdivisions abutting arterial streets shall provide
a marginal service road, or 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.
D.
The minimum right-of-way width shall be measured from
lot line to lot line and be in accordance with the following schedule:
(1)
Arterial streets: 80 feet to 120 feet.
(2)
Major collector streets: 50 feet to 80 feet.
(3)
Minor collector streets: 38 feet to 75 feet.
(4)
Minor streets: 30 feet to 50 feet.
(5)
Marginal access streets: 40 feet.
(6)
Internal roads, alleys, driveways, aisles, and parking
areas in business and industrial developments: 16 feet and built to
satisfy the requirements of the State of Delaware and the Town of
Millville.
E.
All minor roadways shall be at least 25 feet between
curbs and paved for the entire distance.
F.
Dual lane or boulevard type street design will be
required for primary entrance streets of all residential subdivisions
of 300 units or more, commercial developments greater than 30 acres,
or mixed use developments of 150 acres or more.
G.
Upon findings by the Town that the street standards
contained in this chapter are not feasible or practical for a particular
project or parcel, the Town may require such alternate or additional
standards in accordance with generally accepted engineering principles
as may be deemed necessary.
H.
Cul-de-sac streets shall have a circular turnaround
of not less than 80 feet paved in diameter to the street line, and
with a roadway of not less than 80 feet in diameter, unless the Town
Council approves a T- or Y-background.
I.
Street grades shall not be less than 0.5% or greater
than 7.0%.
J.
Each property corner at street intersections shall
be rounded off by an arc, the radius of which shall be not less than
20 feet. Curbs at street intersections shall be rounded off concentrically
with the property lines. The design of the intersection should provide
clear sight distance for oncoming vehicles, and there should be a
suitable leveling of the street grade within and approaching the intersection.
A.
The Town Council shall not recommend for approval
any plan of a subdivision which does not make adequate provision for
stormwater or floodwater runoff channels or basins. The stormwater
drainage system shall be separate and independent of any sanitary
sewer system. The system shall be designed to meet the guidelines
established in the Sussex County Drainage Code or Delaware Division
of Highways.
B.
Construction of drainage facilities shall be in accord
with the standards and specifications established by the Delaware
State Division of Highways.
C.
Where a proposed subdivision is traversed by any stream,
watercourse, or drainage way, the subdivider shall make adequate provision
for the proper drainage of surface water, including the provision
of easements along such streams, watercourses, and drainage ways,
in accordance with standards established by the Town Council.
A.
All subdivision plans shall include adequate provision
for control of temporary flooding or erosion and sediment control,
both during construction and after completion of construction.
B.
Topsoil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas of the subdivision and shall be stabilized by seeding and
planting.
[Added 12-18-2007 by Ord. No. 07-15]
A.
General standards.
(1)
Stormwater management systems shall be designed to
prevent flooding and the degradation of water quality related to stormwater
runoff and soil erosion from proposed development.
(2)
Priority shall be placed on site design that maintains
natural drainage patterns and watercourses. Alterations to natural
drainage patterns shall not create flooding or degradation in water
quality for adjacent or downstream property owners.
(3)
The use of swales and buffer strips vegetated with
native materials is encouraged as a method of stormwater conveyance
so as to decrease runoff velocity, allow for biofiltration, allow
suspended sediment particles to settle, and to remove pollutants.
(4)
Drainage systems and retention ponds shall be designed
to be visually attractive. The integration of stormwater conveyance
systems and retention and detention ponds in the overall landscape
concept is recommended. Stormwater retention ponds designed to be
a true wet pond will be designed in such a manner as to provide adequate
aeration using such devices as fountains or aerators, etc. Ponds with
a natural contour, rather than square or rectangular design and appearance,
shall be encouraged.
(5)
A landscaping plan for a stormwater pond and its buffer
area, indicating how aquatic and terrestrial areas will be vegetatively
stabilized and established, is required. Landscape plants should be
those recommended by the Sussex Conservation District for Best Management
Practices.
(6)
The use of the stormwater retention ponds for other
than parkland or additional open space shall be prohibited, however,
the stormwater pond will not be used in the calculation of open space
or parklands.
(7)
Maintenance. Whenever a landowner, developer or development
is required to provide on-site stormwater retention and/or surface
drainage to wetland, or whenever other protective environmental measures,
including monitoring devices are required, such measures or facilities
shall be provided and maintained at the landowner, developer or HOA
expense. The landowner, developer or HOA shall provide satisfactory
assurance to the municipality, whether by written agreement or otherwise,
that the landowner, developer or HOA will bear the responsibility
for providing and maintaining such methods or facilities.
All utility facilities, including but not limited
to gas, electric power, telephone, and CATV cables, shall be located
underground throughout the subdivision. Wherever existing utility
facilities are located above ground, except where existing on public
roads and rights-of-way, they shall be removed and placed underground.
All utility facilities existing and proposed throughout the subdivision
shall be shown on the preliminary plan. Underground service connections
to the street property line of each platted lot shall be installed
at the subdivider's expense.
A.
Sidewalks shall be provided within all residential
subdivisions, including creation of a new street. Sidewalks shall
be provided on both sides of the street and shall be five feet in
width unless otherwise specified, and in commercial and industrial
subdivisions they shall be from curb to property lines unless otherwise
specified.
B.
Sidewalks shall connect to adjacent existing developments
and vacant or undeveloped lands which may be developed in the future.
Streetlights shall be required in all subdivisions
unless specifically exempted by the Town Council. The installation
of streetlights, including number, type, and spacing, shall be as
specified by the Town Council or its staff.
All construction work on improvements required
herein shall be subject to inspection and approval by the appropriate
authorized public officials. Upon the completion of each improvement,
the subdivider shall furnish the Code Enforcement Officer and inspection
consultant with an accurate and detailed description of the location
and completion date of the improvement as it was actually constructed.
No underground installation shall be covered with soil or other fill
until inspected and approved.
The Town Council shall hire an inspection consultant not associated with the subdivider or improvement contractors to oversee and certify that improvements meet the standards set forth in Article III of this chapter. The inspection consultant's fee will be paid by the subdivider in a manner consistent with the standards established by the Delaware Division of Highways, Sussex County, Delaware. If the Town Council feels the hiring of an inspection consultant is unwarranted because of minimal improvements required of a subdivision, it shall state on the approved final plat plan: "No inspection consultant needed."
To the extent possible, the Town requires the
preservation of existing feature which would add to a residential
development or to the Town as a whole, such as mature trees or woodlands,
watercourses, historic sites, views and similar irreplaceable assets.
The preliminary plan should show the number and location of mature
trees or tree stands and other features and further indicate the affect
that the development will have on those amenities. The subdivider
shall refrain from causing any change in grade or destruction or removal
of any trees within the development until approval of the preliminary
plat has been granted.
If the subdivider has not begun substantial construction of the improvements required by Article IV of this chapter and the construction improvement program within two years of the date of the recording of the final plat in the Sussex County Recorder of Deeds, the approval granted by the Town Council shall be deemed void and, prior to commencing construction, the subdivider must remake application for approval of the subdivision plan in accordance with the procedure set forth in this chapter.
