No permit to erect, alter or repair any building upon land in
a major subdivision may be issued, and no building may be erected
in a major subdivision, unless and until both a subdivision site plan
and an improvement construction plan have been approved pursuant to
this chapter.
No work, grading, excavation, construction, erection or building
shall be commenced or done within any major subdivision except in
strict accordance with the provisions of this chapter and regulations
adopted hereunder and pursuant to any approved subdivision site plan
and improvement construction plan, provided that this section shall
not prevent the making of geotechnical testing and/or borings, preliminary
engineering investigations, and/or engineering surveys.
A.
Initial application. Any individual, firm, association, syndicate,
copartnership, corporation, trust, or any other legal entity interested
in applying for approval of a major subdivision of land located wholly
or partially within the City of Lewes shall submit, in writing, to
the Building Official for review by the Planning Commission, five
complete copies, and as many additional copies as required by the
Building Official, including electronic versions, of the following:
(1)
Identity of applicant.
(a)
If the applicant is a partnership, the applicant shall identify
the name and address of each individual composing the partnership,
including all limited partners.
(b)
If the applicant is a corporation, the applicant shall identify:
(c)
If the applicant is a limited liability company, the applicant
shall identify the name and address of each member.
(d)
If the applicant is an individual, the applicant shall identify
his/her name and address.
(2)
Conceptual plat plan. The applicant shall submit a conceptual plat plan, drawn to scale, addressing the requirements of this chapter and showing topography, boundaries, setbacks, layout of lots, new and existing streets, easements, rights-of-way, open spaces, existing structures, names of owners of adjacent properties, utilities, the proposed grading plan for all lots and open areas, and other pertinent features. All new streets shall be of sufficient width and proper grade, and shall accommodate the probable volume of traffic, afford adequate light and air, facilitate access of firefighting equipment to buildings, and provide a coordinated system of streets conforming to the City's plan of streets and alleys (including adequate ingress and egress from other public streets). Lots shall be of such character that they can be used for building purposes in accordance with Chapter 197, Zoning, without increasing danger to health or peril from fire, flood, or other hazards.
(3)
Letter from Board of Public Works. The applicant shall submit a letter
from the Board of Public Works indicating whether utilities are existing
and available. Such letter shall further identify the status of the
capacity of the utility systems for the project and the limitations
and notations which the Board of Public Works has placed on the review
and approval of plans.
(4)
Fees.
(a)
Fees specified on the City’s website shall be paid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
The applicant, upon submission of any major subdivision application,
and prior to consideration of such application, and in addition to
the application fees noted above, shall make a cash review fee deposit
in an amount to be determined by the City of Lewes for the purpose
of covering the costs incurred by the Board of Public Works and the
City of Lewes in considering, examining, reviewing and making reports
and recommendations concerning the major subdivision application.
Once the applicant requests Council approval, the City of Lewes shall
determine the cost which has been incurred in considering, examining,
reviewing, and making reports and recommendations concerning the major
subdivision application and shall deduct that cost from the deposit
made by the applicant. If the deposit exceeds the cost incurred by
the Board of Public Works and the City of Lewes, the remaining amount
shall be refunded to the applicant by the City of Lewes without interest.
If the deposit is less than the cost incurred by the Board of Public
Works and the City of Lewes, the applicant shall pay such deficiency
prior to any Council approval being issued by the Mayor and City Council.
(5)
Notice. The applicant shall notify, by certified mail with return
receipt requested, the property owners certified by the applicant
to be the property owners within 100 feet of the boundaries of the
property which is the subject of the major subdivision application,
that such application is being filed with the City, and the applicant
shall provide proof of the notification to the City with the initial
application.
(6)
Applicant's engineer's report. The applicant shall submit
a report from the applicant's engineer addressing the following:
(a)
Suitability of land for subdivision development.
(b)
Floodplain level.
(c)
Total area within boundaries.
(d)
Total area in lots.
(e)
Total area in streets, roads, culs-de-sac, etc.
(f)
Total area in open areas (as applicable).
(g)
Total number of lots and their approximate dimensions, clearly
indicating on the plot that part which it is desired to record and
showing in a distinctive manner, such as light dotted lines, the final
future plans as proposed.
(j)
All easements.
(k)
New street names.
(l)
Preliminary geotechnical and soil reports.
(m)
Sussex County Tax Map number and parcel information.
(n)
Property owner name and contact information.
(7)
Zoning district classification. If a major subdivision application involves a request for a change in zoning district classification, formal consideration of the application will not be undertaken until rezoning is determined pursuant to Chapter 197, Zoning.
(8)
Parcel classification. If a major subdivision application involves
a parcel or lot that requires combining of existing parcels or lots
or requires subdivision from a larger parcel or lot, the Planning
Commission shall first address such combining or subdivision and,
for the purpose of proceeding with review under this chapter, may
approve such request subject to the condition that approval of the
creation of the newly designated parcel shall not become final until
Council approval of the subdivision site plan by the Mayor and City
Council.
(10)
Projects to be completed in phases. If the major subdivision
application is for a project to be completed in phases, the applicant
shall submit both a conceptual plat plan showing the proposed major
subdivision in its entirety and a supplemental application for the
section or phase within the proposed major subdivision to be developed
and recorded. The procedure for considering a supplemental application
shall be the same as for an initial application, except that once
the conceptual plat plan showing the proposed major subdivision in
its entirety is granted provisional approval pursuant to this chapter,
and said provisional approval has not expired, review of each subsequent
supplemental application for a deferred section or phase shall, upon
payment of the application and review fees for the section or phase
to be developed, begin with the conferences with the Board of Public
Works and City Engineer and shall not require additional preliminary
consent.
B.
Expiration of application. An application for major subdivision shall
be valid for a period of 12 months from the last date of appearance
before the Planning Commission and shall become null and void if such
application is not actively proceeding through the City's approval
process through no fault of the City (for example, but not by limitation,
the applicant has not supplied information, appeared at meetings when
scheduled, or exhibited other lack of diligence in pursuing the application).
If an application terminates under the terms of this subsection, the
applicant may recommence the process by submitting a new initial application
and paying the costs and fees required for a new application. Such
new application shall be subject to any changes in ordinances, regulations
and procedures since the original application was filed. The Mayor
and City Council may waive the requirements of this subsection for
good cause shown.
C.
Parks and Recreation Commission review. The applicant shall separately
submit its conceptual plat plan to the Parks and Recreation Commission
for review. The Parks and Recreation Commission shall review the effect
on existing or proposed open space or adjacent park areas or other
natural features within the City. The Parks and Recreation Commission
shall submit its written report to the Planning Commission.
D.
City Engineer and Board of Public Works report. After receiving the
applicant's initial application, the City Engineer and Board
of Public Works shall submit to the Planning Commission a report with
their preliminary findings and recommendations, including any comments
they may deem appropriate. This report shall include the following:
(1)
A review, with comments, of the applicant's engineer's
report.
(2)
A statement regarding through streets and connections thereof with
existing or probable future streets of adjoining properties.
(3)
Endorsement or comment on suitability of land for proposed purpose.
(4)
Verification or adjustment of cost estimates of items, if any, to
be borne in whole or in part by the City or Board of Public Works
during the construction process. This verification or adjustment shall
be reviewed and approved by the City Manager and Board of Public Works
General Manager.
(5)
Certification that the conceptual plat plan is complete and in full
accordance with the subdivision regulations, as well as fits into
a plan for orderly development of the City. Deviations, if any, from
subdivision regulations shall be noted and explained. This certification
shall be reviewed and approved by the Building Official.
E.
Planning Commission review. Upon receipt of the Parks and Recreation
Commission and City Engineer and Board of Public Works first reports,
the Planning Commission will arrange for an initial public hearing
on the proposed major subdivision. The Planning Commission may conduct
such meetings as it deems desirable before or after this public hearing
in order to address possible alterations, changes, and modification
of the proposed major subdivision. Notice of the time and place of
the public hearing shall be published in a paper of general circulation
in the City at least 15 days prior to the time and date of the hearing.
The Planning Commission's review shall include, but not be limited
to, consideration of the following:
(1)
Compliance with the provisions of this chapter, Chapter 197, Zoning, and any other applicable provisions of the Municipal Code of the City of Lewes.
(2)
Integration of the proposed major subdivision into existing terrain
and surrounding landscape.
(3)
Minimal use of wetlands and floodplains.
(4)
Preservation of natural and historical features.
(5)
Preservation of open space and scenic views.
(6)
Minimization of tree and soil removal and grade changes, except to
ease flood concerns.
(7)
Screening of objectionable features from neighboring properties and
roadways.
(8)
Provision for water supply.
(9)
Provision for sewage disposal.
(10)
Prevention of pollution of surface water and groundwater.
(11)
Minimization of erosion and sedimentation, minimization of changes
in groundwater levels, minimization of increased rates of runoff,
minimization of potential for flooding and design of drainage so that
groundwater recharge is maximized.
(12)
Provision for safe vehicular and pedestrian movement within
the site and to adjacent ways.
(13)
Effect on area property values.
(14)
Effect on schools, public buildings and community facilities.
(15)
Effect on area roadways and public transportation. The Planning
Commission, by majority vote, may require a traffic impact study conducted
by an outside agency at the expense of the applicant, should conditions
warrant such a study.
(16)
Compatibility with adjacent area land uses.
(17)
Effect on area waterways.
(18)
Whether estimated costs to be borne by the City during construction,
if any, can be met from available City funds which reasonably may
be anticipated to become available to the City and applicable to subdivision
purposes.
(19)
Whether the estimated expense to the City can be justified on
the basis of estimated tax returns which would accrue to the City
within a reasonable period of time.
(20)
Recognition of scenic byways and walkability.
(21)
Job creation.
(22)
Providing diverse housing options.
F.
Planning Commission action. The Planning Commission, as expeditiously
as possible, but in no event later than 90 days following the initial
public hearing, will reach a decision to either consent to or reject
the initial application.
(1)
In the case of a Planning Commission vote to reject the initial application,
the Planning Commission shall submit a report, with reasons stated,
to the Mayor and City Council for its consideration and disposition.
The applicant shall be given a copy of the Planning Commission's
report to Mayor and City Council. The Mayor and City Council shall
consider the Planning Commission's report formally rejecting
the initial application within a reasonable time, and may either accept
it, reject it, or return it to the Planning Commission for further
consideration. Should the Mayor and City Council disagree with the
Planning Commission's report rejecting the initial application,
the Mayor and City Council may reject the Planning Commission's
report and instead grant the applicant "preliminary consent." Should
the Mayor and City Council accept the Planning Commission's report
rejecting the initial application, the initial application shall be
deemed rejected. After an initial application is deemed rejected,
the applicant may recommence the process by submitting a subdivision
application and paying the costs and fees required for a new application.
Such new application shall be subject to any changes in ordinances,
regulations, and procedures since the original application was filed.
(2)
Planning Commission consent for the initial application shall be
considered "preliminary consent."
(a)
Notice, in writing, of preliminary consent will be given to
the applicant, with copies thereof also provided to the Mayor and
City Council and Board of Public Works.
(b)
Preliminary consent of a major subdivision application shall
be valid for 12 months. Unless Council approval is obtained within
12 months from the date of preliminary consent, the preliminary consent
shall be deemed canceled. If the preliminary consent is canceled,
the applicant shall be required to start the process anew. The Building
Official, upon request and for good cause, may grant a maximum of
two extensions of six months each from this twelve-month deadline.
Each application for extension shall be filed with the Building Official
at least 40 calendar days prior to the expiration date of the preliminary
consent. The preliminary consent shall be deemed null and void if
an extension request is not timely filed and the preliminary consent
lapses.
(c)
If the major subdivision application is for a project to be
completed in sections or phases, the Planning Commission's report
to the Mayor and City Council shall be divided into two parts:
[1]
Recommended provisional approval of a conceptual plat plan showing
the proposed major subdivision in its entirety; and
[2]
Preliminary consent of the section or phase presently to be
recorded. Applicants seeking approval for a phased development shall
be subject to the following additional requirements:
[a]
Provisional approval of the entire proposed major
subdivision conceptual plat plan shall be a prerequisite of Mayor
and City Council action regarding a section or phase to be developed
and recorded. Such provisional approval shall not impose an obligation
upon the City to approve deferred sections. Each supplemental application
for a deferred section or phase shall be considered on its merits
based upon the standards and Code requirements existing at the time
the applicable supplemental application, including the requisite subdivision
site plan and improvement construction plan, has been submitted for
review and approval.
[b]
All supplemental applications for sections and
phases identified in the conceptual plat plan showing the major subdivision
in its entirety shall be approved by the Mayor and City Council pursuant
to this chapter within three years from the date of provisional approval.
In the event the provisional approval shall expire, the Mayor and
City Council, in its discretion, may deny further development or may
reconsider the unrecorded sections or phases and require such alterations,
changes, or modifications, and additional fees as the Mayor and City
Council may deem appropriate as a condition for granting an extended
provisional approval.
[c]
A supplemental application must be presented by
the applicant as each deferred section or phase is proposed for approval
and recording. The presented supplemental application shall substantially
comply with the conceptual plat plan previously granted provisional
approval by the Mayor and City Council.
A.
Complete application.
(1)
Upon receiving preliminary consent from the Planning Commission,
the applicant shall arrange for further conferences with the Board
of Public Works and City Engineer regarding preparation and submission
of a complete major subdivision application which shall include the
following:
(a)
Five stamped and sealed sets of subdivision site plans conforming
with the plan requirements of this chapter, along with as many additional
copies as required by the Building Official, including electronic
versions.
(b)
Five stamped and sealed sets of improvement construction plans
conforming with the requirements of this chapter, along with as many
additional copies as required by the Building Official, including
electronic versions.
(c)
Report of applicant's engineer.
(d)
Estimates of cost, including costs to be borne in whole or in
part by the City during construction, if any.
(e)
Information required for the preparation of a legal description
to the streets and other areas to be dedicated to public use.
(2)
If the subdivision is to be developed and recorded in sections or
phases, the foregoing items shall be prepared only for the section
or phase presently to be recorded.
(3)
No Council approval shall be given by the Mayor and City Council
nor shall the Planning Commission recommend that the Mayor and City
Council grant Council approval unless an entrance permit, if required
by DelDOT, is received by the applicant and made a part of the record.
B.
Subdivision site plan. The subdivision site plan required by this
section shall show the nature and extent of all contemplated improvements
and lots and shall comply with the following:
(1)
Drafting standards.
(a)
The scale shall be as approved by the City Engineer but not
less than one inch equals 50 feet. Dimensions shall be in feet and
decimals; bearings in degrees, minutes and seconds.
(b)
Each sheet shall be numbered to show its relationship to the
total number of sheets.
(c)
Existing features shall be shown such that they are discernible
from the proposed layout and features.
(d)
Prints shall be made with black lines on white background.
(2)
Information required.
(a)
A title, consisting of name and address of the applicant, authorized
agent, engineer, location and area of subdivision, date, scale, Sussex
County Tax Map parcel numbers, number of lots, land area of development,
zoning designation, proposed use, minimum lot size, minimum front
yard, side yard, and rear yard setbacks, minimum lot width, maximum
lot coverage in percentage, North arrow, and benchmark based on Delaware
State Plane Coordinates, most recent designation, for horizontal control,
and North American Vertical Datum, most recent designation, for vertical
control.
(b)
A legend, including, but not limited to, existing and proposed
property lines/right-of-way lines, adjacent property lines, pavement,
elevation contour, property markers, building setback lines, utility
piping and appurtenances, soil test pits, and streetlights.
(c)
Courses and distances for the legal description of all property
lines shown on the plan, including lots.
(d)
Names of adjacent property owners.
(e)
Names, location, widths, curblines and right-of-way and curbline
radii at intersection of existing and plotted streets.
(f)
Location and size of existing sanitary sewers.
(g)
Location and size of existing storm sewers, stormwater management
system, watercourses, tax ditch, and drainage flow.
(h)
Location and type of all existing topographical features which
may affect proposed streets.
(i)
Location and size of existing water mains.
(j)
Location of existing electric, cable television, telephone,
and other utilities.
(k)
Contours at intervals of one foot.
(l)
Layout of proposed streets, including names, rights-of-way and
paved widths and widths of alleys, crossways and easements.
(m)
Layout and dimensions of proposed lots and lot areas to the
right-of-way line of the street.
(n)
Parcels of land, such as additional right-of-way along old roads,
intended to be dedicated and the conditions, if any, of such dedication
or reservation.
(o)
Tentative grades of proposed streets to an existing street,
utilities, stormwater management system or to a point 400 feet beyond
the subdivision boundaries.
(p)
Tentative location and size of proposed sanitary sewers.
(q)
Tentative location and size of proposed storm sewers, drainage
ditches, watercourses or stormwater management system.
(r)
Tentative location and size of proposed waterlines.
(s)
Tentative location of proposed electric, cable television, telephone,
and other utilities.
(t)
Location of federal floodplains, federal wetlands and/or state
wetlands.
(u)
Required traffic study, if applicable.
(v)
Vicinity Map: minimum one inch equals 1,000 feet.
C.
Improvement construction plan. The improvement construction plan
required by this section shall describe the improvements to be constructed
and shall include the following:
(1)
Streets.
(a)
Horizontal plan.
[1]
Center line with bearings, distances and curve data and stations
corresponding to the profile.
[2]
Right-of-way and curblines with radii at intersections.
[3]
Beginning and end of proposed construction.
[4]
Tie-ins by courses and distances to intersections of all roads,
with their names and widths.
[5]
Location of all monuments with references to them.
[6]
Property lines and ownership of abutting properties.
[7]
Contour lines at intervals not to exceed one foot.
[8]
Location and size of all existing horizontal culture (trees,
vegetation, man-made structures, etc.), drainage structures and utilities.
[9]
North arrow and benchmark based on Delaware State Plane Coordinates,
most recent designation, for horizontal control, and North American
Vertical Datum, most recent designation, for vertical control.
[10]
Construction notes.
[11]
Location of all sidewalks, curb, gutter pan (if
necessary), sidewalk ramps and crosswalks.
(b)
Profiles.
[1]
Profile of existing ground surface along center line and both
right-of-way lines.
[2]
Proposed center-line grade with percent of grade on tangents
and elevations at fifty-foot intervals for grade intersections and
either end of curb radii.
[3]
Vertical curve data, including length of tangent elevations
and corrections, with elevations at twenty-five-foot intervals for
sharp vertical curves.
(c)
Cross sections.
[1]
Right-of-way width and location and width of paving.
[2]
Subgrade type.
[3]
Type and thickness of stone base course.
[4]
Type, thickness and crown of paving, including a designation
of binder and surface course paving types and thickness. Include cross-slope
of paving.
[5]
Type and size of curb.
[6]
Grading of sidewalk area if determined necessary.
[7]
Location, width, type, material, and thickness of sidewalks
if determined necessary.
[8]
Typical location of sewers and utilities with sizes.
(2)
Sanitary sewers, storm drains and stormwater management system.
(a)
Horizontal plan.
[1]
Location and size of line with stations corresponding to the
profile.
[2]
Locations of manholes or inlets with pipe invert in and pipe
invert out elevations and top of each manhole or inlet elevations.
[3]
Property lines and ownership, with details of easements where
required.
[4]
Beginning and end of proposed construction.
[5]
Location of laterals, Ys, cleanouts, etc.
[6]
Location of all other drainage facilities and utilities.
[7]
The scale shall be one inch equals 40 feet.
[8]
A grading plan showing the disposal of stormwater and surface
water.
[9]
Location of lift station if necessary.
[10]
Stormwater Structure Schedule describing the structure
designation/name, rim elevation, and connected pipe invert in/invert
out elevations.
[11]
Stormwater Pipe Schedule describing the pipe designation/name,
size, length, slope, and material of construction.
(b)
Profiles (sanitary sewers and storm drains).
[1]
Profile of existing ground surface with elevations at top of
manholes or inlets or lift station, if necessary, or flow line, if
necessary.
[2]
Profile of storm drain or sewer, showing size of pipe, grade,
casing pipe (if any), manhole or inlet locations, and invert in/invert
out elevations at manholes/inlets.
[3]
The scale shall be one inch equals 40 feet.
[4]
Station numbers cross-referenced with plan view stations.
(3)
Water mains.
(a)
Horizontal plan.
[1]
Location and size of line with stations corresponding to profiles.
[2]
Locations of valves, fittings, fire hydrants and other appurtenances.
[3]
Property lines and ownership, with details of easements where
required.
[4]
Dates of beginning and end of proposed construction.
[5]
Location of service lines, curb stops, and water meters, etc.
[6]
Location of all other drainage facilities and public utilities.
Scale shall be one inch equals 40 feet.
(b)
Profiles.
[1]
Water main profiles should be coordinated with sanitary sewer
profiles and can be shown on the same profile sheet.
[2]
Profile of existing ground surface with elevations at valves.
[3]
Profile of water main showing size of pipe, cover, bends, branch
tees for fire hydrants or other mains, names of streets at street
crossings, etc.
[4]
The scale shall be one inch equals 40 feet.
(4)
Electrical. Plan requirements are governed by the appropriate sections
of the latest edition of the Specifications of the Board of Public
Works of the City of Lewes.
(5)
Plans for any underground cable (ex., telephone, cable television).
Plan requirements are governed by the appropriate sections of the
latest edition of the Specifications of the Board of Public Works
of the City of Lewes.
(6)
Blocks.
(a)
Length. Blocks shall not exceed 1,200 feet in length.
(b)
Crosswalks. Crosswalks may be required at or near the middle
of a block and may also be required to give pedestrian access to schools,
churches, business sections and similar community features. Crosswalks
and sidewalk ramps must meet Americans with Disabilities Act (ADA)[1] requirements.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(c)
Width. The width of blocks shall be such as to allow two tiers
of lots. Where a block is subdivided into lots larger than the minimum
as zoned, sufficient ground may be required to be set aside for streets
and other public improvements to provide for the eventual breakdown
of the block to the minimum zoning requirements.
(d)
Business blocks. Business blocks shall be laid out so as to
make sufficient provisions for future parking and delivery service.
(8)
Open areas.
(a)
The developer may be required to provide an open area or areas
that are recommended by the Planning Commission and approved by the
Mayor and City Council. Ten percent of the total area to be developed
will be considered the minimum amount to be set aside as open areas
when required.
(b)
The developer/owner/association shall provide for the development
and maintenance of the open areas in accordance with specifications
determined by the Planning Commission.
(c)
Community assets. Due consideration shall be given to the preservation
of large trees, natural groves, waterways, scenic points, historic
spots and similar community assets in conjunction with a recommendation
of the Parks and Recreation Commission for the City of Lewes.
(9)
Bridges and other improvements. The plans shall contain sufficient
information to provide complete working plans for the proposed construction.
(10)
Suitability of land. No land may be subdivided regardless of
permitted zoning if, upon investigation, it is determined that the
site is unsuitable for dwelling purposes because of danger to health
or peril from fire, flood or other hazard.
(11)
Certificates. The approved improvement construction plan shall
contain the following certificates:
(a)
Professional engineer, registered with the Delaware Association
of Professional Engineers, making the plan certifying to the accuracy
thereof.
(b)
The subdivider certifying his adoption of plan.
(c)
Signature of the Board of Public Works and City Engineer that
the plan conforms to applicable City standards.
D.
City Engineer and Board of Public Works second report. The Board
of Public Works and City Engineer shall submit to the Planning Commission
a report to inform the Planning Commission of findings and recommendations
regarding the complete major subdivision application, including such
comments as the Board of Public Works and City Engineer may deem appropriate.
The City Engineer and Board of Public Works' report shall include:
(1)
A review with comments of the report of the applicant's engineer,
the improvement construction plans, and subdivision site plans.
E.
Planning Commission review. The Planning Commission shall review
the major subdivision application at an open meeting to confirm that
the complete application and related plans comply with all requirements
of this chapter. The Planning Commission shall thereafter submit a
report with recommendations to the Mayor and City Council. This report
shall be accompanied by:
(1)
The City Engineer and Board of Public Works report;
(2)
Five copies (to be provided by the applicant) of the subdivision
site plan to be recorded, certified by the applicant, the applicant's
engineer, the Board of Public Works, the City Engineer and the Chairman
or other authorized members of the Planning Commission, with space
for certification by the City Manager, along with as many additional
copies as required by the Building Official, including electronic
versions;
(3)
Five copies (to be provided by the applicant) of the improvement
construction plan, along with as many additional copies as required
by the Building Official, including electronic versions; and
(4)
The entrance permit, or a copy thereof.
F.
Mayor and City Council review. Within 60 days of receiving the Planning
Commission's report and recommendations on the major subdivision
application, the Mayor and City Council shall consider the application
at a public hearing. The Mayor and City Council, at its discretion,
either prior or subsequent to such public hearing, may request a meeting
with the applicant, the applicant's engineer, or the applicant's
legal representative regarding alterations, changes, or modifications
deemed desirable by the Mayor and City Council. Notice of the time
and place of the public hearing shall be published in a paper of general
circulation in the City at least 15 days prior to the time and date
of the hearing.
G.
Mayor and City Council action.
(1)
The Mayor and City Council may take any of the following actions
upon reviewing the major subdivision application at a duly noticed
public hearing:
(a)
Approve the major subdivision application, subject to the standard
conditions outlined in this chapter.
(b)
Approve the major subdivision application, subject to the standard
conditions outlined in this chapter and such special conditions as
may be imposed or directed.
(c)
Deny the major subdivision application. Should the Mayor and
City Council deny the major subdivision application, the applicant
may recommence the process by submitting a subdivision application
and paying the costs and fees required for a new application. Such
new application shall be subject to any changes in ordinances, regulations,
and procedures since the original application was filed.
(d)
Remand the major subdivision application to the Planning Commission
for further review, along with an explanation of the reason for remanding
the application.
(f)
In the case of a development or subdivision to be completed
in sections or phases, grant or deny provisional approval of the conceptual
plat plan showing the proposed major subdivision in its entirety,
and grant or deny a supplemental application for the section or phase
to be developed.
(g)
In the case of a development or subdivision to be completed
in sections or phases where provisional approval has already been
granted by the Mayor and City Council, grant or deny a supplemental
application.
(3)
Should the Mayor and City Council approve a major subdivision application,
the City Manager, City Engineer, General Manager of the Board of Public
Works, and the Chairperson of the Planning Commission shall certify
such approval on the subdivision site plan to be recorded. Two copies
of the signed and approved subdivision site plan shall be transmitted
to the City Manager to be retained for the City's records. The
City Manager, City Engineer, General Manager of the Board of Public
Works, and the Chairperson of the Planning Commission shall sign the
required certification or certifications, as the case may be, and
affix the City Seal. The required certification shall be as follows:
(a)
For a subdivision site plan to be recorded and developed in
its entirety:
"It hereby is certified that this major subdivision site plan
was approved by the Mayor and City Council of the City of Lewes, Delaware
on_____ (date)_____ and accordingly is eligible for recording in the
office of the Recorder of Deeds for Sussex County, Delaware."
(b)
For a subdivision site plan to be recorded and developed in
sections, the following certification shall be included on each of
the separate plans:
[1]
On a conceptual plat plan for the entire major subdivision granted
provisional approval by the Mayor and City Council:
"It hereby is certified that this site plan was granted provisional
approval, valid for three years, by the Mayor and City Council of
the City of Lewes, Delaware, on _____ (date) _____, subject to timely
presentation to the Mayor and City Council of successive sections
thereof to be considered for approval. Only such section hereof as
may be granted specific approval by the Mayor and City Council, and
so certified by the City Manager, shall be eligible for recording
in the office of the Recorder of Deeds for Sussex County, Delaware."
[2]
On a subdivision site plan distinctively showing the section
or phase thereof approved by the Mayor and City Council to be recorded
and developed:
"It hereby is certified that the section or sections of this
subdivision site plan distinctively shown hereon as the part to be
recorded was/were granted approval by the Mayor and City Council of
the City of Lewes, Delaware, on _____ (date) _____, and, accordingly,
the section or sections so shown are eligible for recording in the
office of the Recorder of Deeds for Sussex County, Delaware."
(4)
The developer shall record the certified plan(s), within 90 days
after Council approval. Prior to recording the subdivision site plan,
now known as the "record plat," the developer shall ensure that the
approved record plat to be recorded contains the following certificates:
(a)
Certificate of the applicant's engineer, or land surveyor,
that the plan represents a survey made by him and that dimensions
and geodetic details are correct.
(b)
The plan shall bear the following notarized certification, signed
by the applicant:
"It is hereby certified that the undersigned are the owner and
developers of the land shown on this subdivision site plan and that
the streets, lanes, avenues, park areas and other areas hereon shown
with the section approved for development are dedicated for the general
use of the traveling public and for the use of the abutting property
owners. This dedication, unless accepted by the City, shall impose
no duty nor obligation upon the City of Lewes respecting the maintenance
and improvement of the dedicated streets, lanes, avenues and other
areas."
(c)
Certification of the Board of Public Works and City Engineer
that the plan conforms to the approved subdivision regulations.
(d)
Certification of the Chairman or other authorized member of
the Planning Commission that the plan has met with the approval of
the Planning Commission.
(e)
Certification by the City Manager that the plan was approved
by the Mayor and City Council on the date shown.
H.
Expiration of Council approval.
(1)
A major subdivision Council approval granted by the Mayor and City
Council shall be rendered null and void if construction is not commenced,
and such construction and conditions or contingencies established
by the Mayor and City Council are not met, within one year from the
date of Council approval.
(2)
If a project is developed in sections or phases, the deadline referenced
in this section shall apply to the sections or phases which have received
Council approval.
(3)
If approval expires under the terms of this section, the applicant
may recommence the process by submitting a subdivision application
and paying the costs and fees required for a new application. Such
new application shall be subject to any changes in ordinances, regulations,
and procedures since the original application was filed.
(4)
Extension of time may be granted by the Mayor and City Council if,
at least 90 days prior to the end of such period, for good cause shown,
the applicant requests such extension through the Building Official
and after review and recommendation of the Planning Commission.
A major subdivision application approved by the Mayor and City
Council shall be subject to the following standard conditions:
A.
Completion of an improvement construction program in strict accordance
with approved plans and specifications complete in every respect.
No dead-end street shall be acceptable unless designed under the classification
of "cul-de-sac." All work started shall be completed within two years
or an approved extension thereof by resolution of the Mayor and City
Council on recommendations of the City Engineer and Board of Public
Works.
B.
Insurance.
(1)
The developer and any site contractor(s) shall obtain and keep in
force until final action liability insurance coverage providing full
protection of the City, its officials and employees against all damages
or claims for damages occurring directly or indirectly by reason of
the improvement construction program with the following minimum coverages:
(2)
The named insured shall be the developer, the site contractor, the
City, the City Engineer, and the Board of Public Works. Building permits
shall not be issued until insurance certificates are provided to both
the City and the Board of Public Works. If insurance lapses for any
reason, building permits and certificates of occupancy shall not be
issued until insurance is in force.
C.
Before any work is started or contract awarded, the developer must
furnish a performance guarantee sufficient to cover 150% of the estimated
cost of the work to be performed pursuant to the subdivision site
plan and improvement construction plan. The performance guarantee
shall be in a form acceptable to the Mayor and City Council (including
but not limited to a surety bond or letter of credit).
D.
The developer must submit any and all impact fees, permits, approvals,
and licenses required by federal, state, county or municipal law.
E.
Conveyance to third party. The developer shall not transfer or grant
possession of any tract, parcel, or lot until the major subdivision
project has received Council approval pursuant to this chapter, except
that if the major subdivision is to be developed in sections or phases,
the developer shall not transfer or grant possession of any tract,
parcel or lot until the phase within which the tract, parcel, or lot
is located has been granted Council approval pursuant to this chapter.
F.
Work, grading, excavation, construction, erection or building shall be commenced or done within the major subdivision only after Council approval, in full compliance with all of the conditions of such approval; and in full compliance with the subdivision regulations, Chapter 70, Building Code, and Chapter 197, Zoning, and all other applicable ordinances of the City of Lewes and the laws of the State of Delaware; and after issuance of all applicable permits which shall be in effect.
G.
Costs.
(1)
The cost of constructing all grading, curb and gutters, subbase,
base, traveling surfaces and sidewalks; all sanitary sewers, manholes,
laterals, etc.; all water mains and appurtenances, such as valves,
service lines, etc.; all stormwater management system facilities and
appurtenances; and all electrical utilities and utility requirements
and appurtenances shall be borne by the developer. If the subdivision
is beyond the nearest City streets, City sewer main, City water main,
City stormwater management conduits and/or City electric service,
the developer shall be required to pay for all of the cost of extending
the applicable services to the subdivision and to pay for all the
off-site extensions.
(2)
All work shall be subject to review, inspection, and approval by
the City and Board of Public Works at all times. The developer shall
reimburse the City and Board of Public Works for the costs of necessary
review and inspections, including, but not limited to, the following
items: conduct and prepare minutes for preconstruction conferences;
obtain executed construction performance bond and insurance certificates;
organize and review shop drawings and surveyor cut sheets; schedule,
conduct, and prepare minutes for monthly progress meetings; resolve
construction-related conflicts and questions; conduct a final inspection;
prepare a final punch list; prepare as-built records from the contractor's
set of as-built drawings; review final punch list and recommend City
and BPW acceptance; provide resident field representation on a daily
basis while work is completed; complete inspection at the end of the
warranty period; and recommend final approval to the City.
H.
Sediment and erosion control. The developer shall be responsible
for constructing and maintaining sediment and erosion controls as
required by the City, Board of Public Works, Sussex County, and the
State of Delaware.
I.
Failure to complete or maintain site improvements. If the developer
fails to properly and promptly install and maintain site improvements
in accordance with the improvement construction plan, the City Manager
and BPW General Manager may put the developer on notice of the deficiencies.
If the developer fails to remedy the deficiencies within the time
specified in the City Manager's or BPW General Manager's
notice, then the City or BPW may correct the deficiency and draw all
costs from the performance guarantee, seek reimbursement from the
developer, or pursue another remedy.
J.
Right of entry. The developer shall allow the City and Board of Public
Works access to all parts of the property undergoing development or
involving construction as part of the subdivision, development, subdivision
site plan, and improvement construction plan.
A.
Administration. Approved applications and plans will be referred
to the City Manager for administration and enforcement.
(1)
Minor alterations. The City Manager, Building Official, Board of
Public Works General Manager, and the City Engineer shall have authority
to approve minor alterations of construction details as field conditions
may require. They, however, shall not approve changes to boundaries
of streets and other areas to which title has been transferred or
for which agreement has been made to transfer to the City.
(2)
Compliance with conditions of approval. Upon receiving notice of
approval by the Mayor and City Council of a major subdivision application,
the applicant, now referred to as the "developer," shall confer with
the City Manager, City Engineer, Board of Public Works, and Building
Official regarding compliance with conditions of Council approval.
The developer shall also confer with these City officials regarding
all construction procedures and reports until final action by the
Mayor and City Council. A preconstruction meeting will be scheduled
by the City Engineer, or Building Official, to address these, and
other, matters prior to the commencement of construction.
(3)
Samples, shop drawings, and surveyor cut sheets. The developer shall
provide sample materials, upon request, to the City, BPW, and City
Engineer to enable the City to ascertain whether the work is in conformity
with this chapter. The developer shall submit shop drawings for all
materials to be used, and surveyor cut sheets related to work installation,
to the City Engineer for review and approval. No work shall be performed
until the shop drawings and cut sheets are returned to the developer
approved.
B.
Notice to proceed. The developer shall not commence work until the
City issues a notice to proceed confirming that the applicable requirements
of this chapter have been met. The City shall not issue a notice to
proceed until the Building Official or City Engineer has convened
a preconstruction meeting or as many meetings as the Building Official
or City Engineer deems necessary. The developer shall submit a construction
schedule to the Building Official, BPW, and the City Engineer prior
to the preconstruction meeting. The developer is responsible for updating
the schedule as necessary, and for submitting the updated schedule
to the Building Official and the City Engineer.
C.
Notice of commencement of construction. The developer shall provide
at least 72 hours' notice to the Building Official, BPW, and
City Engineer before commencing construction to enable the Building
Official or City Engineer to make adequate provisions for the proper
inspection of construction.
D.
Work performance. All work shall be in strict accordance with the
approved plans and specifications now in effect or hereafter adopted
relating to such type of work. All work shall be completed in a good
and workmanlike manner. If any work is abandoned, or performed in
violation of this chapter, the developer shall promptly act to cause
the work to be completed properly.
A.
Conditional acceptance. The developer may request conditional acceptance
of facilities by the Board of Public Works and the Mayor and City
Council when all utility systems, streets, and transportation improvements
have been installed, inspected, tested, and approved by the Board
of Public Works and City or, in the case of a subdivision recorded
and developed in sections or phases, when all utility systems, streets,
and transportation improvements in the approved section or phase have
been installed, inspected, tested, and approved by the Board of Public
Works and City, as follows:
(1)
As-built plans.
(a)
Upon completion of the improvement construction plan, the developer
shall notify the City Manager of its request for conditional acceptance,
and shall provide the City, BPW, and City Engineer as-built detailed
plans of all utility systems, including any and all underground systems
as follows:
[1]
In an electronic format acceptable to the City, City Engineer,
and Board of Public Works;
[2]
Two white prints for filing in the office of the City Manager;
[3]
One copy on Mylar reproducible material or alternative, acceptable
to the City Engineer; and
[4]
Four white prints for filing with the Board of Public Works.
(b)
All location and elevation information shall also be furnished
in electronic format compatible with the City's and Board of
Public Works' Geographic Information System (GIS). The as-built
plans shall include the following:
[1]
Title as required for the subdivision site plan.
[2]
Courses and distances for the legal description of all property
lines shown on plan.
[3]
Names of adjacent current property owners.
[4]
Names, location, width, curb elevation or roadside drainage
channel elevation if curbs do not exist where each property line intersects
the right-of-way line, center line courses, distances and curve data,
paving widths and curblines, right-of-way and curbline radii at intersections
of all existing plotted and approved streets, alleys, rights-of-way
and easements, and open areas, parks and public places or improvements
within the land being subdivided.
[5]
Location, elevation, material, and size of all monuments with
reference to them.
[6]
Layout and dimensions of lots with lot area to right-of-way
line of streets, first floor elevations of all habitable structures,
and sufficient spot elevations showing the disposal of stormwater
and surface area.
[7]
Location and size of sanitary and storm sewers, stormwater management
systems, including manholes, inlets and house laterals, and top and
invert elevations of manholes and inlets.
[8]
Location and size of water mains, including service lines, valves,
fire hydrants, and appurtenances.
[9]
Location, materials, and appurtenances of electric utility.
[10]
Location of natural gas lines.
[11]
Other underground cable or other utility.
[12]
All other information required under the plan
requirements of this chapter.
[13]
All locations noted above shall be confirmed via
Global Positioning System (GPS) on Delaware State Plane Coordinates.
(2)
The developer shall provide a maintenance bond in the amount of 10%
of the construction costs.
(3)
City Council and Board of Public Works review. The Mayor and City
Council and Board of Public Works shall review the as-built plans
to determine whether the requirements of this chapter have been met
and conditional acceptance is appropriate.
(4)
Maintenance. After the Mayor and City Council and Board of Public
Works authorize conditional acceptance, the developer shall be responsible
for the following until final action and official release of the maintenance
bond, including repairs, if necessary, and other reasonable provisions
for the convenience and safety of the public and traffic:
(a)
Streets and sidewalks, including responsibility for the removal
of snow from streets;
(b)
Sanitary sewers, sewer lines, manholes, laterals, etc.;
(c)
All water mains, lines, and appurtenances, such as valves, service
lines, etc.;
(d)
All stormwater management system facilities and appurtenances;
(e)
All electrical utilities, lines and utility requirements and
appurtenances; and
(5)
Initial building permit and house occupancy permit. The City Manager
shall notify the Building Official when a developer has complied with
subdivision requirements and is eligible to obtain an initial building
permit for construction within a subdivision.
A.
Request for final action. The developer shall submit a request for
final action to the City Manager within 90 days after completion of
the improvement construction plan or, in the case of a subdivision
recorded and developed in sections and phases, within 90 days after
completion of the improvement construction plan for the final section
or phase of the major subdivision approved pursuant to this chapter.
The developer shall, prior to final action, provide deeds and other
documentation conveying fee-simple land to the City of Lewes for all
sewers, streets, roads, improvements and other areas dedicated to
the City, as well as establishing ownership of such sewers, streets,
roads, improvements, and other areas free and clear of all liens,
claims, encumbrances, and restrictions.
B.
Upon receiving the developer's request for final action, the
City Manager shall arrange with the City Solicitor the preparation
of all appropriate resolutions, ordinances, deeds of easement, bills
of sale, and any other documents necessary for final action, including
the following:
C.
Mayor and City Council action. Upon receiving certification from
the City Engineer that site improvements have been inspected and approved
as complete, and certification from the City Solicitor that all documents
necessary for the transfer of the streets, open areas, and site utilities
are complete, the Mayor and City Council shall consider taking final
action by a resolution authorizing the following:
D.
Recording documents. After the Mayor and City Council authorizes
final action, the City Manager shall arrange with the City Solicitor
to record in the office of the Recorder of Deeds in and for Sussex
County documents necessary for the transfer of the streets, open areas,
and site utilities to the City. The City may bill the developer for
the costs necessary to record these documents.
E.
Developer guarantee. The developer shall provide the City and Board
of Public Works a construction guarantee for the correction of all
defects and deficiencies in the improvement construction plan constructed
or installed by the developer that occur or become evident within
one year after final action.
