For the purpose of this chapter, certain numbers, abbreviations,
terms, and words used herein shall be used, interpreted, and defined
as set forth in this section.
A. Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense; words used
in the plural number include the singular; the word "herein" means
"in these regulations"; the word "regulations" means "these regulations."
B. A "person" includes a corporation, a partnership,
and an incorporated association of persons such as a club; "shall"
is always mandatory; a "building" includes a "structure"; a "building"
or "structure" includes any part thereof; "used" or "occupied" as
applied to any land or building shall be construed to include the
words "intended, arranged, or designed to be used or occupied."
C. Words and terms not defined herein shall be interpreted
in accord with their normal dictionary meaning and customary usage.
As used in this chapter, the following terms
shall have the meanings indicated:
AISLE
An accessway between rows of parking spaces or islands which
provides internal vehicular passage through a parking lot.
ALLEY
A public right-of-way affording secondary means of access
to abutting property.
APPLICANT
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the legal owner of the premises.
APPROVED FINAL SUBDIVISION PLAN
A plat plan that has met all the requirements according to
this chapter and has been approved by the Mayor and Town Council,
has the Town Seal and Mayor's signature attesting approval, and is
intended for recordation with the Sussex County Recorder of Deeds.
[Added 12-18-2007 by Ord. No. 07-16]
APPROVED MASTER PLAN
Refer to the "approved final subdivision plan."
[Added 12-18-2007 by Ord. No. 07-16]
APPROVED PRELIMINARY SUBDIVISION PLAN
The preliminary drawing or drawings indicating the proposed
manner or layout of the subdivision, meeting the requirements of this
chapter and containing all the conditions established by the Planning
and Zoning Commission and given their recommendation approval.
[Added 12-18-2007 by Ord. No. 07-16]
BLOCK
The property fronting on one side of a street and lying between
two intersecting streets or otherwise limited by a railroad right-of-way,
a live stream, an unsubdivided tract, or other physical barrier of
such nature as to interrupt the continuity of development.
BOULEVARD or DUAL LANE STREET
Any street which has two separate roadways divided by an
island or grass plot, and designated for one-way traffic on each roadway.
BUILDING LINE
A line parallel to the street line and distant from it at
least the minimum depth of the required front yard.
CODE ENFORCEMENT OFFICER
An employee of the Town of Millville designated as the primary
point of contact for any person interested in subdividing property.
COLLECTOR STREET
A street which is designed to collect traffic from the minor
streets within a subdivision or a portion thereof and to distribute
such traffic to major thoroughfares.
CONCEPT PLAN
That sketch or line drawing providing general information,
including information such as subdivision plot dimensions, location
in respect to Town streets, distances to nearest utilities, present
land use and existing structures and also names of owners, land uses
and existing structures of adjacent properties.
COUNTY
Sussex County, Delaware.
CROSSWAY
A public way intended for pedestrian use and excluding motor
vehicles, which cuts across a block in order to furnish improved access
to adjacent streets or properties.
CUL-DE-SAC
A minor street having only one end open for vehicular traffic
and with the other end permanently terminated by a turnaround or back
around for vehicles.
EASEMENT
A strip of land for which the owner grants a right of use
to someone else for one or more designated purposes, which purposes
are consistent with the general property rights of the owner.
ENGINEER
An individual technically qualified and legally qualified
in the State of Delaware to practice the profession of civil engineering
and who is registered to do so in the State of Delaware.
FINAL SUBDIVISION PLAT
The plat to be given final approval by the Town Council which
includes all changes, additional information, and requirements imposed
by the Millville Town Council. The final plat is recorded in the Sussex
County Recorder of Deeds' office.
HEALTH OFFICER
The Health Officer of the state responsible for Sussex County.
INSPECTION CONSULTANT
An individual hired to oversee and certify that all improvements
meet standards prescribed by this chapter.
LOT
A portion of a subdivision or other parcel of land intended
for the transfer of ownership or for building development, whether
immediate or in the future. It shall have frontage upon a street and
be described by metes and bounds.
LOT AREA
The total horizontal area within the lot lines of the lot.
Minimum lot: 14,000 square feet.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT, REVERSED FRONTAGE
A key lot or the first lot to the rear of a corner lot, the
front lot line of which is a continuation of the side lot line of
the corner lot and fronting on the street that intersects the street
upon which the corner lot fronts and/or that faces the street upon
which the side of a corner lot abuts.
LOT WIDTH
The shortest horizontal distance between the side lot lines
measured along the required building setback line.
MAJOR COLLECTOR STREET
Any street which serves to carry traffic to or from several
minor streets and connects them to other collector streets or to arterial
highways, which usually does not serve the primary function of providing
access to abutting properties, and which serves more than 300 lots
but not more than 500 lots or handles a traffic volume of more than
3,000 ADT but not more than 5,000 ADT.
MAJOR THOROUGHFARE
A street or highway so designated on the Major Thoroughfare
Plan of the State of Delaware.
MINOR COLLECTOR STREET
Any street which serves to carry traffic to or from several
minor streets, and connects them to other collector streets or to
arterial highways, and serves 50 to 300 lots or handles a traffic
volume of 500 to 3,000 ADT. Typically principal entrance streets of
residential subdivisions are minor collector streets.
MINOR STREET
Any street which is primarily used to serve local traffic
or abutting lots, and handles a traffic volume of less than 500 ADT.
PRELIMINARY PLAN
The preliminary drawing or drawings described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Town Council for approval.
PUBLIC WORKS AGREEMENT
Agreement executed between the developer and the Town covering
terms and conditions related to construction of roads and other infrastructure
in approved developments.
REGULATIONS
The whole body of regulations, text, charts, diagrams, notations,
and references contained or referred to in this chapter.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm main, shade trees,
or for another special use. The usage of the term "right-of-way" for
land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included
within the dimensions or areas of such lots or parcels.
ROADWAY
The portion of a street or highway available for and intended
for use by motor vehicle traffic.
SERVICE DRIVE
A minor street which is parallel to and adjacent to a major
thoroughfare, and which provides access to abutting properties and
restricts access to the major thoroughfare.
STREET (GENERAL)
A public or private thoroughfare which affords the principal
means of access to abutting properties, and whether designated as
a freeway, expressway, highway, road, avenue, boulevard, land, place,
circle, or however otherwise designated.
STREET CLASS
Road class to be determined as either minor, minor collector,
or major collector in accordance with the respective definitions given
in this section.
STREET LINE
A dividing line separating a lot, tract, or parcel of land
and a contiguous street; also referred to as a "right-of-way line."
STREET TYPE
Road type to be determined as residential (townhouse or detached),
commercial, industrial, or dual lane roads in accordance with the
respective definitions given in this section.
SUBDIVIDER
Any individual, firm, partnership, association, corporation,
estate, trust, or any other group or combination, acting as a unit,
dividing or proposing to divide land so as to constitute a subdivision
as defined herein, and including any agent of the subdivider.
SUBDIVISION
The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development,
or, if a new street is involved, any division of a parcel of land.
The term includes resubdivision and, when appropriate to context,
shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION, MINOR
Any subdivision containing not more than four lots fronting
on an existing state, county or municipal street not involving the
creation of any new street, and not requiring the extension of any
Town, county or private utilities.