[Amended 9-22-2009 by Ord. No. 09-24]
A. Following approval of the preliminary plan by the
Commission and the submission of plans for improvements within the
proposed subdivision to the appropriate state or County agencies,
the applicant shall submit a record plat for approval by the Commission
30 days prior to the business meeting at which the plan is to be considered.
B. Such record plat may be for all the property included
in the preliminary plan or it may be limited to any portion thereof,
which is intended to be developed as a unit. Additional record plats,
covering additional units of the property, may be submitted later,
provided that the preliminary plan is still valid. Every record plat
shall be substantially in accordance with the approved preliminary
plan, including any changes or additions required by the Commission
as a condition for its approval, and it shall conform in every respect
to the requirements for the preparation of such plat as set forth
in Appendix A of this chapter and Articles
X, Required Improvements, and XI, Design Requirements and Standards.
C. The applicant shall file the following items with
the Commission's staff:
(1) Ten black- or blue-line prints;
(2) One reproducible Mylar or one electronic copy on compact
disc; and
(3) An application for approval of the plat on a form
to be supplied by the Commission.
D. Letters of "no objection" from applicable Development
Advisory Committee (DAC) agencies, including, but not limited to,
the:
(1) Delaware State Fire Marshal;
(2) Delaware Department of Transportation; and
(3) Kent Conservation District;
E. The Commission shall make a determination of the plat's
compliance with the conditions of preliminary approval. The Commission
shall approve, approve with conditions, disapprove, or table a plat
within 45 days after acceptance by the Commission of the plat and
all necessary supporting documentation, otherwise such plat shall
be deemed to have been approved and a certificate to that effect shall
be issued by the Commission upon demand. Criteria for disapproving
a final plan shall include, but not be limited to, material difference
from the approved preliminary plan or inconsistency with the adopted
Kent County Comprehensive Plan. The forty-five-day approval period
may be extended by mutual agreement between the Commission and the
applicant. Should the Commission determine the plan is not consistent
with the codes and regulations of the County, the reasons for such
determination shall be provided to the applicant within 10 working
days following the Commission meeting.
F. Following approval by the Commission, the applicant shall then provide Commission's staff with at least one paper copy of the plan, an electronic copy of the record plan, one Mylar (or equivalent), and the fee for recordation of the approved subdivision plat. The plat must be recorded within the time limits established by §
187-21D above. If the plat is not recorded within that time limit, even after Commission approval, the plat will be deemed to be expired. Should the approval lapse, another application, including the fee, and review will be required.
G. The record
plan (both the paper copies and the Mylar) must be signed by the owner
and signed and sealed by the engineer or surveyor. Upon receipt of
the record plan by the Commission's staff, signatures of the Planning
Director or designee and the County Administrator or designee will
be obtained on the plan prior to recordation. The Commission's staff
will then record the plan in the office of the Recorder of Deeds for
Kent County.
The record plat of the subdivision shall comply
with the following general requirements with regard to style and content:
A. It shall be prepared by a Delaware registered professional
land surveyor or by a Delaware registered professional engineer based
upon a survey prepared by a registered professional land surveyor.
It shall be at a scale no smaller than one inch equals 100 feet, unless
otherwise approved by the Planning Director or designee, and it shall
be drawn on sheets not less than 24 inches by 36 inches, including
a margin of one-half-inch outside-ruled border lines.
B. All dimensions and bearings of lines and all areas
shall be based upon a field survey of sufficient accuracy and detail
that the data shown thereon may be reproduced on the ground. All distances
and the length of all lines shall be given to the nearest hundredth
of a foot. Bearings of all lines shall be bearings referenced to the
date of the plat, and all bearings shall be given to the nearest minute.
All areas shall be given to the nearest square foot.
C. The record plat shall be legibly and accurately drawn
and shall show the information required by Appendix A.
Accompanying the record plat and made a part
thereof shall be the following certificates and statements:
A. An owner's statement acknowledging ownership of the
property and agreeing to the subdivision thereof as shown on the plat
and signed by the owner or owners.
B. Statements explaining how and when the applicant proposes
to provide and install required improvements such as water supply,
sewers or other means of sewage disposal, street pavements, buffers,
curbs and gutters, and drainage structures.
C. An owner's statement of dedication offering all streets,
alleys, and other public ways for dedication to public use as applicable.
D. A statement of the surveyor or engineer that the record
plat, as shown, is a correct representation of the survey as made,
that all monuments indicated thereon exist and are correctly shown
and that the plat complies with all requirements of this chapter and
other applicable laws and regulations.
E. Deed restrictions, articles of incorporation, bylaws,
and declaration of maintenance applicable within the subdivision,
including agreements for the operation and maintenance by the property
owners or agency in the subdivision of any sewage, stormwater management
facilities, recreation areas, or other physical facility which is
of common use or benefit. All such documents must be recorded in conjunction
with the final plan. A homeowners' association or maintenance corporation
must be created for the maintenance of all facilities not to be held
in public ownership.
F. For any new subdivision development located, in whole
or in part, adjacent to or contiguous with lands zoned for agricultural
use, the owner of the development shall provide, as a note on the
recorded plan as well as in the deed, the following written notice
for any residential lot or dwelling unit:
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"This property is located in the vicinity of
land used primarily for agricultural purposes on which normal agricultural
uses and activities have been afforded the highest priority use status.
It can be anticipated that such agricultural uses and activities may
now or in the future involve noise, dust, manure and other odors,
the use of agricultural chemicals and nighttime farm operations."
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G. For any new subdivision development located in whole
or in part on lands contained within the Air Installation Compatible
Use Zone (AICUZ), the owner of the land and/or dwelling shall provide,
as a note on the recorded plan as well as in the deed, the following
written notice:
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"This property and/or dwelling unit is located
in the vicinity of aircraft operations associated with the Dover Air
Force Base. It can be anticipated that such aircraft operations may
result in high noise disturbances or the potential for an aircraft
accident."
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H. Any new subdivision development containing lots located
within the one-hundred-year floodplain as designated in the most current
Federal Flood Insurance Rate Maps shall include the following note
on the plan:
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"Lots ___ through/and _______ are impacted by
the one-hundred-year floodplain. Notification of such shall be included
on the sales contracts, deeds, and deed restrictions for the above-mentioned
lots."
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I. The following open space certifications and covenants,
or derivatives thereof, may be included on all record plans as warranted
and required by the Commission:
(1) Undisturbed natural areas as conservation areas.
(a)
All open space forest lands, old fields, meadows,
regulatory floodplains, excellent groundwater recharge areas, wellhead
protection areas, wetlands, riparian areas, streams, ponds and any
other natural area existing at the time of recordation and designated
as open space shall be subject to a natural area deed restriction.
(b)
Prior to land disturbance within any adjacent
lots, these lands shall be posted with permanent metallic signs on
two-hundred-foot centers indicating "Conservation Area -- The natural
resources of this land are protected by deed restriction."
(c)
These lands shall be protected from any grass
mowing, construction, land disturbance, dumping, filling, debris disposal,
draining, shrub, tree or vegetation removal or harm, through an enforceable
recorded deed restriction indicating the terms of this note; excepting,
however, those operations necessary to initially construct a stormwater
management outfall.
(d)
No disturbances or construction may occur beyond
the limits of disturbance associated with the stormwater management
facility without the prior consent of the Kent County Department of
Planning Services.
(e)
These areas shall be considered Nature Preserve
Areas held in common by the "Homeowners' Association of __________________
Subdivision." These deed restrictions shall run forever with the land
and may not be vacated by the homeowners' association or maintenance
corporation.
(2) Active open space areas.
(a)
All active open space areas, exclusive of improvements
and play equipment areas, shall be constructed and maintained in accordance
with the specifications of Appendix B, Active Open Space Construction
and Maintenance Standards, to be made a part of the maintenance declaration.
(b)
All designated bicycle and pedestrian trail
areas within the subdivision shall be provided with a durable erosion-resistant
surface material.
(c)
Trees, shrubs or other landscape elements may
be planted by the homeowners' association or maintenance corporation,
provided they are adequately maintained.
(d)
Permanent active recreation amenities may be
constructed within active open space areas, provided they conform
to public playground safety specifications and are maintained by the
homeowners' association or maintenance corporation.
(e)
Active open space provisions may not be waived
or vacated by the homeowners' association or maintenance corporation.
(3) Stormwater management areas. The record plan shall
include the following note:
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"Within one year of initial construction of
all stormwater management facilities, wetland and landscape plantings
shall be installed and permanent metallic signage shall be placed
at the SWM detention area indicating: 'Water Quality Management Area
-- Do Not Mow.'"
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(4) Open space landscaping buffer areas. The record plan
shall include the following notes:
(a)
"Declarant hereby grants unto Kent County, its
assigns and successors, the right, privilege and authority to enter
upon said premises and inspect all the open spaces for conformity
with the provisions of this Declaration and the Deed Restrictions
at the expense of the Owners of said lots. In the event that Kent
County determines that maintenance of the open spaces, as set forth
above, is required, all expenses of maintenance shall be collectible
by Kent County in accordance with procedures established by Kent County
for that purpose, or in the manner set forth above in relation to
collection by the Maintenance Corporation. Any lien for such expenses
under the provisions of this Declaration asserted by the County and
filed with the Recorder of Deeds shall be a lien from the time of
recording and shall have priority in relation to other liens, either
general or special, including mortgages and other liens according
to the time of recording of such liens."
(b)
"Declarant hereby grants to the Department of
Natural Resources and Environmental Control, Division of Soil and
Water Conservation Sediment and Storm Water Program or its delegated
agency, the right, privilege and authority to enter upon said premises
and inspect stormwater management areas within stormwater management
easements. In the event that the delegated agency determines that
maintenance is required within said stormwater management areas, all
expenses of maintenance shall be the responsibility of the Maintenance
Corporation or Homeowners' Association."
J. All required deed restrictions shall run with the
land and may not be vacated by the homeowners' association or maintenance
corporation.