[HISTORY: Derived from Ch. 17 of the prior
Code; effective 1-1-2004; amended in its entirety 10-5-2020 by Ord. No. 2020-005[1]. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this
chapter, which was formerly Subdivision of Land, and provided an effective
date of 1-1-2021.
This chapter shall be known and cited as "The Town of Milton
Subdivision and Land Development Ordinance."
A.
The purpose of this chapter is to guide and coordinate the harmonious and sustainable development of the Town; to preserve, in accordance with present and future needs, the health, safety, order, convenience, and public welfare of the citizens of the Town; to ensure that the arrangement and design of subdivisions and land developments conform to the Comprehensive Plan, the Delaware Code, Chapter 220, entitled "Zoning," and all other ordinances, codes, regulations, plans and maps adopted in furtherance thereof; to assure sites are suitable for building purposes and human habitation and use; to provide adequate open spaces for recreation, light and air; to minimize any adverse impacts of land use and whenever possible produce positive and sustainable environmental outcomes; to provide convenient distribution of traffic; to facilitate and accommodate prospective pedestrian and vehicular movement, fire protection, and the rendition of other essential services through a coordinated system and design of streets; to ensure the coordination and conformity of subdivision and land development plans with the public improvement plans of the Town, county and state regarding such facilities as streets, sewers, and other improvements; to establish standards to ensure that developments are environmentally sound by requiring preservation of existing natural features, and wetlands in areas affected through excavation, construction, or other land development activities; to establish minimum standards for the design and construction of improvements that aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage and water and sewage facilities, and that would aid in precluding adverse environmental effects, such as sedimentation, soil erosion, flooding, and water pollution.
B.
Any action taken pursuant to the terms of this chapter shall give
primary consideration to the above-mentioned matters and to the welfare
of the entire municipality.
C.
This chapter identifies a uniform and equitable procedure for the
review and process of subdivision and land development applications.
After the effective date of this chapter, all applications for
subdivision and land development approvals of any kind shall be reviewed
under this chapter. This chapter will remain in effect until modified,
amended or rescinded by the Town Council.
A.
These subdivision regulations shall be considered the minimum requirements
for the protection of the public health, safety and public welfare
of the Town of Milton. Any action taken by the Town under the terms
of this chapter shall give primary consideration to the above-mentioned
matters.
B.
However, where this chapter imposes a greater restriction or requirement
than is imposed by other resolutions, ordinances, rules, regulations,
easements, covenants, or agreements, the stricter provision shall
govern.
A.
The singular number includes the plural, and the plural the singular,
unless the context clearly indicates the contrary.
B.
Words in the present tense shall include the past and future tenses,
and the future the present.
C.
The word "shall" is mandatory. The word "may" is permissive.
D.
The meaning of the word "adjacent" shall include "abutting" and "adjoining."
The following definitions shall be applicable to this chapter
unless the context indicates to the contrary:
A way or means of ingress, egress or regress, such as, a
driveway, street, road, or highway that connects through private or
public property.
A connection, right-of-way or easement, that provides access
to a specific destination or public or private property for pedestrian,
bicycle or emergency use.
Physically touching or bordering upon; sharing a common boundary,
but not overlapping.
A landowner or developer, as hereinafter defined, who has
filed application for development, including their heirs, successors
and assigns.
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier, the
land shall be covered with natural plantings or man-made material
to provide a physical screen limiting visual access and reducing noise.
A temporary access for the ingress and egress of construction
vehicles.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
A public way intended for pedestrian use that excludes motor
vehicles and cuts across a block in order to furnish improved access
to adjacent streets or properties.
The latest published edition of the Delaware Manual on Uniform
Traffic Control Devices.
The Delaware Department of Transportation.
Any landowner or agent of such landowner, who makes or causes
to be made an application for approval of a subdivision or land development
plan.
The lands required for the installation of stormwater sewers
or drainage ditches and providing for the flow of water therein to
safeguard the public against flood damage.
Any land area susceptible to being inundated by water from
any source. As used in this chapter, the term refers to that area
designated as subject to flooding from the base flood (100-year flood)
on the most recent Flood Boundary and Floodway Map prepared by the
United States Department of Housing and Urban Development and the
Flood Insurance Rate Maps prepared by the Federal Emergency Management
Agency, copies of which are kept on file in the Town office.
A map produced by the DelDOT identifying and classifying
all state-maintained roadways.
A body of persons legally responsible for the maintenance
of private open spaces and/or common facilities. Also known as "maintenance
corporation."
A physical connection of access and accessways between two
or more lots, subdivisions or developments.
A physical connection of access and accessways within a single
lot, subdivision or development.
The development of a lot, tract, or parcel of land into two
or more lots, units, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development. Land
development includes redevelopment; subdivision; construction of dwelling
or commercial units or structures, or any combination thereof, to
be subject to Delaware's Unit Property Act;[1] construction of dwelling, commercial, or industrial units
or structures, or any combination thereof, that will require the construction
of additional utility facilities or the enlargement of the capacity
of existing utility services, or both.
A contiguous parcel of land considered as a unit, devoted
to a specific use or occupied by a building or a group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same and that abuts and
is accessible from a private or public street.
See "coverage."
A lot line that is coincident with the right-of-way line
of a road or street access.
The lines bounding a lot as defined herein.
The shortest horizontal distance between the side lot lines
measured at the required building setback line. If the angle between
the front and side lines is less than 90°, the lot width shall
be measured from side to side of right angle to the length of the
setback line.
A lot situated at the junction of and adjacent to two or
more intersecting streets or alleys, when the interior angle of intersection
does not exceed 135°.
The mean distance from the front street line of a lot to
its rear line.
A lot that faces on two streets at opposite ends of the lot
and is not a corner lot.
All subdivisions not classified as partitioning or minor
subdivisions.
Any subdivision containing three or fewer lots fronting on
an existing state or Town street, not involving any new street or
road or the extension of any Town or county facilities or does not
directly affect drainage on a state or Town street, and not adversely
affecting the development of the remainder of the parcel or adjoining
property.
An area that is not developed with principal or accessory
structures and is intended to provide light and air, and is designed
for environmental, scenic and/or recreational purposes. Open space
may include, but is not limited to, decorative planting, preservation
of existing natural areas, walkways, active and passive recreation
areas and playgrounds. For calculation purposes, open space shall
not be deemed to include driveways, roadways, parking areas, tidal
wetlands, or stormwater management ponds.
Any subdivision containing not more than two lots fronting
on an existing state, county or Town street, not involving any new
street or road or the extension of Town facilities and not adversely
affecting the development of the remainder of the parcel or adjoining
property.
Any security that may be accepted in lieu of a requirement
that certain improvements be made before the Town Council approves
a record plan, including performance bonds, escrow agreements and
other similar collateral surety agreements.
A plan of subdivision or land development, including all
required supplementary data, showing the approximate proposed street
and site layout as a basis for consideration by DelDOT and the Town
prior to preparation of the record plan.
A complete subdivision or land development plan, including
all required supplementary data that defines property lines, proposed
streets and other improvements, and easements.
An informal plan indicating salient existing features of
a tract and its surroundings, including the general layout of the
proposed subdivision or land development.
Any access, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way that is an existing state, county or Town road,
or a street or way shown upon a record plan. For purposes of this
chapter, streets shall be classified as follows:
ALLEYA narrow public or private thoroughfare, not exceeding 16 feet in width that provides a secondary means of vehicular access to abutting properties and is not intended for general circulation.
ARTERIAL STREETSA street or road that serves or is intended to serve as the principal trafficway between separated areas of the region and is designated as a "limited-access highway," "major thoroughfare," "parkway," or other equivalent term to identify those streets that comprise the basic structure of the regional traffic plan.
COLLECTOR STREETSA public access street that provides connections between state-maintained roads and local public streets. Direct access service to abutting land is subordinate to providing service to through traffic movements.
CUL-DE-SACA minor street having but one end open for vehicular traffic and with the other end permanently terminated by a turnaround for vehicles.
INTERIOR STREETSPrivate or public access streets for the use of the property owner/s and are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street (i.e., lanes, driveways, aisles).
LANESPrivate or public access streets for the use of the property owner/s and are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
MAJOR COLLECTOR STREETSStreets that carry traffic from minor collector streets to the major system of arterial streets and highways, including the principal entrance streets of a large residential development over 200 units and streets for circulation within such a development. Driveway access to major collector streets shall not be permitted without Council's approval.
MINOR COLLECTOR STREETSStreets that carry traffic from minor collector streets to the major system of arterial streets and highways, including the principal entrance streets of a medium-density residential development between 50 and 200 units and streets for circulation within such a development.
MINOR STREETSStreets that are used primarily for access to the abutting properties. The number of dwelling units on noncollector streets shall not exceed 50.
SERVICE STREETSStreets that are parallel to and adjacent to arterial streets and major collector streets, and that provide access to abutting properties and protection from through traffic. Refer to "minor streets."
STUB STREETSStreets not exceeding 300 feet in length.
Any person, firm, corporation, trust or any other legal entity
commencing proceedings under the provisions of this chapter to effect
a subdivision of land hereunder for itself or for another. Where "subdivider"
is used it could also mean the same as "developer."
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development. Subdivisions
also include resubdivision, and, where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
Includes the Mayor and the Council of the Town of Milton, as defined in § 1-1.
Those areas of land that fall within the definition of wetlands
currently used by the U.S. Army Corps of Engineers, or those areas
of land within the definition of wetlands adopted by the State of
Delaware.
[1]
Editor's Note: See 25 Del. C. § 2201 et seq.
A.
The fees for partitioning, minor subdivisions and major subdivisions
shall be the fees established in the currently effective Town Fee
Schedule.
B.
Additional costs. The applicant will be responsible for reimbursing
the Town for all expenses incurred by the Town related to the application
in regards to engineering fees, attorneys' fees, or any other professionals
used by the Town in regards to said application and site development.
C.
The cost of construction, installation, and inspection of all improvements
required pursuant to this chapter shall be borne by the developer.
D.
All construction work on improvements required pursuant to this chapter
shall conform to standards established by the Town and are subject
to inspection and approval by the Town Engineer or other individuals
authorized by the Town during and upon completion of such construction
work or both. Based on recommendations of the Town Engineer, the Town
Council shall establish a schedule of fees to be paid by the developer
in order to reimburse the Town for the cost of inspecting all work
on construction and improvements. Costs reimbursed shall be only those
actually incurred by the Town in inspecting work for which the Town
has the authority to establish standards or has need to ensure that
future efficient maintenance can be accomplished adequately.
No subdivider or developer, before final approval has been obtained,
shall transfer, sell or agree to transfer or sell, as owner or agent,
any land that forms a part of a subdivision, absent prior approval
of the Town Council. For the purposes of this section, each transfer
or sale or each agreement to transfer or sell shall be a separate
violation. The provisions of this section shall be in addition to
any other remedies that may be available to the Town.
A.
The developer of any land within the Town shall apply for and obtain
the approval of the Town Council, pursuant to the provisions of this
chapter, before subdividing or resubdividing any land within the Town.
B.
The application shall be accurately and clearly completed in a manner
acceptable to the Town. Applications that the Town deems to be unsatisfactory
shall be returned to the applicant for correction and resubmission.
C.
The application shall be subject to the requirements of Chapter 95, Clean Hands Policy, of the Code of the Town of Milton.
D.
The final approval for a subdivision or land development shall expire
within one year after the date of the approval by the Town Council,
unless substantial construction has commenced, and the applicant has
fulfilled all of the conditions mandated by the Town Council as a
contingency of its approval. However, upon a showing of good cause,
an applicant may request and receive up to three one-year extensions,
as long as all county, state and federal outside agency approvals
are current, before being required to resubmit a new application for
subdivision or land development to the Town.
E.
For the purpose of this section, the term "substantial construction"
shall mean that the right-of-way has been cleared, the roadway has
been rough graded, the drainage system and stormwater management facilities
have been rough graded, and erosion and sediment control measures
are in place and being actively maintained.
F.
Any complete application for a subdivision filed prior to the adoption
of this chapter, or prior to the adoption of an applicable amendment
to this chapter, will be subject to the conditions of the previous
ordinance.
A.
The subdivision or land development plan shall conform to design
standards that will encourage good development patterns within the
Town. The Town's requirements of streets, drainage rights-of-way,
storm sewers, school sites, public parks and playgrounds shall be
satisfied before approval of a subdivision or land development plan.
Five percent of the total gross area to be developed will be considered
the minimum amount to be set aside as open space. This does not include
streets, sidewalks, rights-of-way, tidal wetlands, or stormwater management
ponds. The streets, drainage rights-of-way, storm sewers, or sanitary
sewer plans shall be such as to lend themselves to harmonious development
of the Town and enhance the public welfare in accordance with the
design standards set forth in this chapter.
B.
Information regarding how and when the applicant proposes to provide
and install required water supply, sanitary sewers or other means
of sewage disposal, street pavements, buffers, curbs and gutters,
open space improvements, landscaping, street lighting, signage, sidewalks,
and drainage structures shall accompany the preliminary subdivision
or land development plan.
The design criteria for lot design shall be as follows:
A.
Lot dimensions and areas, including setbacks, shall be not less than the requirements of Chapter 220, Zoning, of the Code of the Town.
B.
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets, except where the
Town determines a variation in this requirement will provide an improved
street and lot layout.
C.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra-width line and all setbacks shall be
measured from such line.
D.
Where there is a question as to the suitability of a lot for its
intended use due to factors such as flood conditions or similar circumstances,
the Town Council may, after adequate investigation, withhold approval
of such areas.
E.
Double frontage and reverse frontage lots shall not be approved unless,
in the judgment of the Town Council, such frontage lots shall be required
to establish a buffer zone or screen planting or where their use is
essential to overcoming special topographic problems or to separating
residential development from heavy street traffic.
F.
Setbacks on lots with multiple street frontages, including corner lots, shall be in accordance with Chapter 220, Zoning.
G.
Lot lines shall follow municipal boundary lines rather than cross
them.
H.
The lot design shall be such that all lots will provide satisfactory
building sites properly related to topography and the character of
surrounding area or development.
I.
In any case where public water supply or public sewerage is not available and the applicant receives waivers for connections thereto, all residential lots shall comply with the minimum lot dimensions and areas established by the State Department of Natural Resources and Environmental Control after appropriate water percolation tests and soil evaluations have been performed, provided that these lot size requirements are greater than required under Chapter 220, Zoning. Nothing in this subsection shall be construed to contradict the requirements of Chapter 170, Sewers, and Chapter 215, Water.
J.
Excessive lot depth in relation to lot width shall be avoided. A
ratio of depth to width of 2:1 is preferred.
K.
Corner lots shall have sufficient width to permit appropriate building setbacks from both streets in accordance with Chapter 220, Zoning.
L.
Every lot shall abut upon and have access to a street.
M.
For odd-shaped or triangular-shaped lots or lots fronting on cul-de-sac
streets, the lot frontage measured at the right-of-way line may be
reduced to not less than 1/2 of the minimum lot width required for
the applicable zoning district. If the right-of-way line is a curved
line, the lot width measurement shall be measured along the arc of
the curved line.
N.
Lots adjoining a railroad right-of-way line shall observe a building
setback of at least 50 feet from the right-of-way line and shall include
an appropriate means of buffering such lots from the railroad lines.
A.
The Town requires the reservation of open space, recreation, and
other public facilities of not less than 5% of gross acreage as a
condition of approval for all developments with any single-family,
two-family, and multifamily dwellings requiring conditional use approval,
and any subdivision or land development requiring approval by the
Town Council.
B.
The purpose of this section is to preserve areas of open space within
residential subdivisions and land developments that are designed to
provide buffer spaces between developing areas, to preserve and enhance
existing natural and historic features, and to establish a network
of open spaces within the built environment to provide a balance between
developed and undeveloped lands, wildlife habitat conservation, the
preservation of scenic view corridors, and to provide residents opportunities
to engage in passive recreation activities.
C.
The Town requires the reservation of recreation areas, and the subsequent
construction of recreation facilities, of a character, extent, and
location suitable to the needs created by a subdivision or land development
for recreation facilities as defined and in accordance with the design
guidelines set forth.
D.
Open space shall include land or an area of water, or combination
of land and water, within a subdivision or land development site designed
and available for the use and enjoyment of residents of the development,
not including off-street parking, areas set aside for public facilities
and rights-of-way and any other lands unsuitable for development.
The following are illustrative of the types of open space areas that
may be deemed to serve buffering and preservation of natural features
and count toward satisfaction of the passive open space requirements
of this section:
(1)
Mature forests and groves;
(2)
Hedgerows;
(3)
Watercourses;
(4)
Riparian forest buffers;
(5)
Historic, cultural, or archeological landmarks and resources;
(6)
Landscaped buffers and berming designed to promote privacy;
(7)
Open landscaped areas suitable for being used and enjoyed for purposes
of informal and unstructured recreation and relaxation;
(8)
Stormwater detention ponds when suitably designed to emulate natural
features by incorporating irregular shapes, gradual slopes (no greater
than 1:4) and appropriate landscape plantings, but excluding nonimprovement
easement areas (such features must be depicted on the required landscape
plan); and
(9)
Irreplaceable environmental assets with value that have been identified
and documented as such by any federal, state, or local agency.
E.
The following are illustrative of the types of recreation areas and
subsequent facilities that may be deemed to serve the open space needs
and, therefore, count towards the minimum 5% requirement:
(1)
Any combination of improved walking, jogging or biking trails with
gazebos and park benches along the paths;
(2)
Swings, slides, and play apparatus;
(3)
Tennis, handball, racquetball, basketball, and volleyball courts;
(4)
Neighborhood/community swimming pools;
(5)
Clubhouse with meeting, activity, fitness and exercise rooms;
(6)
Baseball and soccer fields.
F.
Design guidelines for public open spaces.
(1)
Recreation areas shall be accessible within the development and arranged
in a manner that affords reasonable access to all residents within
the development. When warranted, recreation areas can be dispersed
throughout the development, provided that each remote location is
accessible.
(2)
Recreation areas shall be pedestrian oriented and designed with linkages
to existing and planned public walkways and with other existing or
planned recreation areas.
(3)
The nature and scope of planned recreation areas shall reflect an
awareness of and sensitivity toward the anticipated age groups that
would reside within the proposed development.
(4)
Designs shall consider the need for parking facilities associated
with recreation areas.
(5)
No structure, equipment, or game court surface shall be located closer
than 30 feet to any lot line.
(6)
Landscape buffering of parking areas, game courts, playground areas
and other features as necessary to preserve and protect the interests
of adjoining residential properties may be required.
G.
Ownership and maintenance of public open spaces. There shall be provisions
that ensure that all public open space areas, and all other dedications
and/or reservations of land not dedicated to the Town shall be owned
and maintained by a responsible entity. These provisions shall be
presented to the Town Council for review and shall be in a form acceptable
to the Town Council. The developer shall either:
(1)
Retain ownership and maintenance responsibility of all open space
areas; or
(2)
Provide for and establish a legal entity such as a homeowners' association,
community open space trust, or maintenance corporation for the purpose
of ownership and maintenance of all common open space in the development
in perpetuity.
H.
Homeowners' association requirements. If the developer proposes to
establish a homeowners' association for purposes of ownership and
maintenance of common open space, such association shall be governed
by the following:
(1)
Membership in the organization shall be mandatory for all purchasers
of properties within the development and their successors and assigns.
The members of the organization shall share equitably the costs of
maintaining common open space and recreation areas in accordance with
all applicable property maintenance ordinances of the Town, as adopted
and amended from time to time, in accordance with all record plan
notes, and in accordance with procedures established by the homeowners'
association.
(2)
The homeowners' association shall be responsible for maintenance,
insurance, taxes, fees, and other burdens customary to the ownership
of real property and all improvements and constructions thereon, including
but not limited to all recreation amenities, walkways, stormwater
facilities, ponds, landscaping, and sanitary sewers and other utilities
not owned by the Town.
(3)
The homeowners' association shall establish an escrow account or
supply a bond listing the Town as the benefactor in the amount of
fair market value of five years' costs and expenses for the maintenance,
plus property taxes of the property/open space for the assessed value
for a period of five years if the homeowners' association ever fails.
(4)
Restrictive covenants shall be established that provide in the event
the homeowners' association fails to maintain the open space according
to the standards of this chapter and in accordance with the recorded
plan, the Town may:
I.
Exemptions for small developments.
(1)
Residential subdivisions and land developments with less than 10 acres of gross land shall be exempt from the land requirements set forth in § 188-13 above, but shall require a payment to be made to the Town by the developer in lieu of dedicated open space.
(2)
Phases or sections within developments that are commonly proposed
for development shall not be considered as individual residential
subdivisions or land developments qualified for exemptions under this
section.
(3)
The total amount of payment in lieu of open space at final approval
shall be equivalent to the assessed preimprovement value of the land
area required. The Town property tax appraisal service shall determine
the assessed preimprovement value of the land. If the Town or the
developer do not agree on the land value estimate established by the
appraiser, an independent third-party professional real estate appraiser,
at the developer's expense, shall perform an appraisal. This appraisal
shall be awarded on a competitive bid basis to a qualified, certified
appraiser that submits the lowest bid. The Town shall manage the bid
process.
The construction and improvement of open space areas shall be
completed in a proportion equal to or greater than the proportion
of residential dwelling units completed, except that 100% of the recreation
areas and open space shall be completed prior to issuing building
permits for the final 20% of the dwelling units proposed, unless a
written agreement providing otherwise is in place between the developer
and the Town. Building permits shall not be issued for dwelling units
unless the requirements of this section are met.
A.
All of the improvements listed in this chapter shall be subject to
inspection and approval by the Town Engineer or the Town's representative
who shall be notified two working days prior to installation. No underground
installation shall be covered until inspected and approved by the
Town Engineer or other authorized Town representative.
B.
Permitting, constructing, inspecting, and accepting subdivision streets,
including industrial streets as defined by DelDOT, and off-site improvements.
(1)
Samples of materials and every reasonable facility for ascertaining
whether the work is in conformity with the provisions of these regulations
and Town specifications shall be furnished to the designated Town
officials.
(2)
The purpose of these procedures is to ensure that construction within
the proposed Town right-of-way is in compliance with this chapter,
DelDOT Standard Specifications, Standard Construction Details, Construction
Manual and other applicable DelDOT standards.
(3)
The Town or its designee reserves the right to inspect and approve any construction associated within the proposed subdivision in accordance to § 188-15 and the inspection procedures outlined in the latest edition of the DelDOT Construction Manual. Additional inspection will be required for all proposed bridges.
(4)
The Town, with the guidance of the Town Engineer, may make such changes,
additions, and relocations to the approved plans that may be considered
necessary to ensure compliance with any applicable design standards
and ensure the safety of the public. Noncompliant structures and roadside
obstructions, including brick mailboxes, shall be removed at the Town's
direction prior to final acceptance. During review, the Town, with
the guidance of the Town Engineer, may also make recommendations pursuant
to the Town's sustainability plan.
(5)
Once the developer believes all work is complete, it shall request
a prefinal inspection. Once the prefinal inspection is completed and
accepted by both the Town and the developer, an ADA accessibility
inspection shall be scheduled. Once the accessibility inspection punch
list items are completed and accepted, the developer may request a
final inspection. The Town will then schedule a final inspection that
shall be conducted by the Town Engineer. The Town's inspection personnel,
accompanied by the developer, its contractor, or both, along with
representatives of any appropriate county and municipal officials,
shall inspect the site and determine those items of work, if any,
that must be completed, repaired or replaced.
(6)
Once the final inspection items of work have been completed, repaired,
or replaced, the developer shall provide the following to the Town
or its designee:
(a)
As-built construction plans. The as-built construction plans may initially be a print of the approved construction plan annotated in red to show all revisions. The developer's engineer shall prepare this plan and submit it to the Town Engineer or designee prior to eligibility for the issuance of the letter recommending acceptance. In addition, the developer's engineer shall also submit an electronic plan version of the as-built construction plans for the entire subdivision or land development to the Town Engineer, Public Works Supervisor of the Town or designee. The final as-built plans shall show in detail all as-built features, including foundations; locations, lengths and elevations of pipe culverts; side ditches, ditch paving, and other drainage items added or altered; final checked stationing; and all other significant variations from the original plans. As-built plans are required as part of the final acceptance and as referenced in § 188-38.
(b)
A letter from the Town stating that all work required by the
land use agency is complete.
(c)
A letter from DNREC or the DNREC-approved delegated agency stating
that all work required by the Town is complete (if applicable).
(d)
A letter from the homeowners' association providing its contact
information.
(e)
A fully executed affidavit to the Town from the developer releasing
and indemnifying the Town from all claims as a result of any unpaid
bills or obligations related to the subdivision or land development.
The original affidavit shall be provided to the Town Manager of the
Town prior to the issuance of the letter recommending acceptance.
(7)
Once the Town Engineer is satisfied with the construction and the
aforementioned prerequisites are met, the Town Engineer shall recommend
final acceptance and the release of the security by the Town. The
Town Engineer shall notify the Town prior to final acceptance.
(8)
In the event of failure to perform the intended construction in accordance
with the terms of the construction agreement as determined by the
Town, the developer shall receive written notice and have 14 days
to provide the Town with an approved schedule for completion. If a
schedule for completion has not been received within the specified
time period, the developer shall receive a second written notice and
have an additional seven days to meet in person with the Town and
present an approved schedule for completion.
(9)
Should the developer fail to provide a satisfactory construction
schedule or fail to comply with the approved completion schedule,
the Town shall have the right to collect the construction security
to correct the condition. All costs incurred in the removal and correction
of defective workmanship, materials, or both in excess of the construction
security shall be borne by the developer.
(10)
Withdrawal of subdivision street construction approval for failure
to complete the intended construction in accordance with the terms
of the construction agreement as determined by the Town shall be cause
to increase the required construction security to 200% of the itemized
cost estimate on future subdivision street construction projects proposed
by the defaulting developer.
(11)
Following completion of street construction and submission of
required documentation to the satisfaction of the Town Engineer, the
Engineer will recommend acceptance of the streets and shall direct
the developer to prepare an acceptance drawing and an acceptance statement
for signatures. Once accepted into the Town maintenance system, the
developer shall be responsible for any failure of shared-use paths,
sidewalks, pavement or drainage for three years from the date of acceptance,
as noted in the standard construction agreement on file and available
at Town Hall. If the developer fails to correct three-year good faith
punch list items, this shall also be cause to increase the required
construction security to 200% of the itemized cost estimate on future
subdivision street construction projects. Once the three-year good
faith punch list items have been corrected, standard security rates
will be reinstated on future subdivision street construction projects.
(12)
Upon acceptance of the streets into the Town maintenance system,
the applicant shall be responsible for damage to the curb, gutter,
shoulders, and drainage affected by any entrance construction.
(13)
In subdivisions or land development projects where residential
streets and culs-de-sac have been completed and the collector street
serving them is complete except for the final lift of asphalt pavement,
the developer shall submit the completed residential streets and culs-de-sac
for acceptance. Additionally, the developer shall provide:
(14)
The developer shall provide the Town and its designated consultant
inspectors access to all parts of the work and furnish such information
and assistance as is required to make a complete and detailed inspection
as described in DelDOT's current Standard Specifications.
(15)
During construction, the developer shall provide the Town and
its designated consultant inspectors at least two working days' notice
of all major construction activities. These activities shall include,
but are not limited to, the following:
(a)
Installation of utilities;
(b)
Installation of drainage pipe and all major structures;
(c)
Underdrains;
(d)
Test rolling of the subgrade;
(e)
Placement of base material;
(f)
Placement of curbing;
(g)
Placement of paving material (Underground utilities must be
installed, and utility permits closed out prior to placement of paving
and seeding. No underground installation shall be covered until inspected
and approved by the Town Engineer or other authorized Town representative.);
and
(h)
Installation of sidewalk.
(16)
An inspector designated by the Town must be present during the
activities in the previous subsection. All materials shall be released,
inspected, tested, and approved before being incorporated in the work
in accordance with the most recent DelDOT's Standard Specifications
Section 106 - Control of Material.
(17)
All inspection of paving materials used and the placement of
paving materials shall be in accordance with the contractor's quality
control ("QC") plan. The contractor's QC plan shall be prepared in
accordance with DelDOT's Special Provision 401699 - Quality Control/Quality
Assurance of Bituminous Concrete.
(18)
No inspection performed by or on behalf of the Town shall result
in or be construed as creating any liability to the developer or any
third party on the part of the inspector, the Town, or its agents,
officers, and employees.
A.
In addition to the other provisions contained within this chapter,
the design and approval of a subdivision or land development plan
shall include consideration of this section.
B.
Natural features, such as trees, brooks, hilltops, and views shall
be preserved whenever possible in designing any subdivision or land
development containing such features. Such features shall be preserved
whenever they contribute to the preservation of an historic resource
or provide a buffer between the historic resource and new development.
Additionally, the developer shall:
C.
Historical features, such as graveyards, burial sites, artifact areas,
and historic buildings, shall be preserved whenever possible, and
lots shall be designed to minimize adverse impacts of new construction
on these historic features and any historic resources. Protective
techniques such as limits of disturbance, building restriction lines,
and buffers shall be used.
D.
Grading fill topsoil and protections thereof:
(1)
Grading shall be done to:
(2)
All material to be used as fill, including the disposal of any soil
accumulated during development, construction, and clearing of the
land, must be reviewed by the Town Engineer before being used. The
Town Engineer shall take into consideration the water table, drainage,
and soil characteristics of the site in question when making such
decision; and
(3)
No topsoil shall be removed from the site during the course of development
and construction but shall be pushed aside during such period while
filling and grading. Such topsoil shall then be redistributed so as
to provide at least six inches of cover to all areas not occupied
by buildings or other facilities and shall be established so as to
remain in place with the planting of an 80% mixture of perennial grass
seed.
A.
All gas, water, sewer, stormwater, electric and other mains, pipes
and conduits, together with all service connections or laterals that
are constructed to the property lines, shall be laid, where the need
therefor can be reasonably determined, before streets, accessways
or alleys shown on approved plans are paved.
B.
As-built plans shall be provided to the Town and Town Engineer pursuant to § 188-38 for all utility infrastructure constructed. No bond for any phase of the subdivision shall be released until said as-builts have been submitted and approved by the Town Engineer.
C.
After such streets, accessways or alleys are paved, no openings shall
be permitted in such paving for a period of five years, except by
special permission of the Town Council.
The criteria for utility and watercourse easements shall be
as follows:
A.
Easements shall be provided where necessary to meet public utility
requirements. All lots shall have at least five-foot-wide easements
along all lot lines for a total easement width of at least 10 feet
along a lot line common to two lots. Easements of greater width may
be required along lot lines or across lots, where necessary. Easements
along perimeter boundaries of a subdivision shall be no less than
10 feet in width on the interior side of the boundary.
B.
Where a proposed subdivision is traversed by a drainageway, waterway,
or stream, the developer shall make adequate provision for the proper
drainage of surface water, including the provision of easements along
such streams, waterways and drainageways.
C.
No building or structure shall be proposed or constructed on any
recorded easement without the authorization of the Town Council or
its designee and a utility provider having jurisdiction, except for
nonpermanent structures or those not on a permanent foundation. A
disclosure shall be provided on the building permit application that
an easement exists and the structure may need to be removed at no
cost to the Town or the utility provider having jurisdiction.
D.
The Town Council shall have the authority to approve the placement
of all such easements as requested by the Town staff, utility provider,
or regulatory agency.
A.
Prior to receiving final approval of the subdivision or land development,
the developer shall present its agreement with the Town covering the
installation of water mains in connection with the established system
or shall provide an explanation of how and when the developer proposes
to provide and install the required water supply.
B.
Where special physical conditions exist that may act as constraints
on normal development or may preclude development entirely, the developer
may be required at the sole discretion of the Town Engineer to submit
special technical data, studies, or investigations. This information,
and any additional information requested by the Town Engineer pursuant
to this subsection, must be prepared by individuals technically qualified
to perform such work.
C.
Water connections to the Town water system shall be properly installed
and connected to the water system of the Town in accordance with the
requirements and standards of the Town. All costs and expenses relating
to the installation and connection of the water service pipe shall
be borne by the developer, including all upgrades or extensions to
the Town's main related to the request. The developer shall indemnify
the Town from any loss or damage that may, directly or indirectly,
be occasioned by the installation of the water service pipe or lack
thereof.
D.
At the expense of the developer, the Town shall inspect all water
main extensions, connections to the water mains, and maintain all
water service lines from the water main to and including the curb
cock and box or meter pit. The curb cock and box or meter pit shall
be placed in back of the property line and shall be the property of
the Town and under its control once all final inspections have been
satisfied. This inspection will require an open-trench visual inspection.
A.
Prior to receiving final approval of the subdivision or land development,
a developer seeking to obtain approval to extend or connect to the
sanitary sewer within the jurisdiction of the Town must coordinate
the request with and obtain prior approval from the Town Engineer
before submitting an application to the Town's wastewater service
provider. In addition, the developer shall present its agreement or
shall provide an explanation how and when the developer proposes to
provide and install the required sanitary sewers and their respective
connections with the established systems in accordance with Town standards
and requirements.
B.
Prior to receiving final approval of the subdivision or land development,
a developer seeking to obtain approval to extend or connect to the
storm sewer within the jurisdiction of the Town must coordinate the
request with and obtain prior approval from the Town Engineer before
submitting an application to the Town Council. In addition, the developer
shall present its agreement or provide an explanation how and when
the developer proposes to provide and install the required storm sewers
and their respective connections with the established systems in accordance
with Town standards and requirements.
C.
Sanitary sewer, culverts and storm sewers shall be properly installed
and connected with the Town system or as determined by the Town Engineer
or representatives of other agencies. The Town Engineer may request,
at the applicants' expense, a downstream analysis of the sanitary
sewer and storm drain systems in order to ascertain adequate capacity
and safe conveyance of the systems. The developer will be responsible
for culverts and storm sewers infrastructure until final acceptance
and official release of the completion guaranty, including repairs,
if necessary, and other reasonable provisions for the convenience
and safety of traffic. The developer shall indemnify the Town from
any loss or damage that may, directly or indirectly, be occasioned
by the installation of the sanitary sewer, culvert(s), and storm sewer
or lack thereof.
The design criteria for street blocks are as follows:
A.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 220, Zoning, and to provide for convenient access, circulation control and safety of street traffic;
B.
Residential blocks shall not exceed 1,200 feet in length, and in
residential blocks over 800 feet in length a pedestrian crossway shall
be provided in locations deemed necessary by the Town Engineer. Such
walkways shall be 10 feet wide and be straight from street to street.
There shall be installed a five-foot walk paved in accordance with
the Town specifications. Lots abutting such a walk shall be treated
as a corner lot.
Streets shall be designed to conform to the design standard
set forth in this chapter and shall be paved in accordance with specifications
for the paving of the streets established by the Town. The requirements
for street designs shall be as follows:
A.
The arrangement of streets shall be such as to provide for the appropriate
extension of existing streets.
B.
The design of subdivision streets shall be in accordance with the
latest standards published by the American Association of State Highway
and Transportation Officials, the DelDOT Division of Highways Rules
and Regulations for Subdivision Streets, DelDOT Development Coordination
Manual (https://deldot.gov/Business/subdivisions/), and this chapter.
However, if after sufficient studies and information are submitted
and approved by the Town Engineer, the Town Council may consider and
approve a lesser pavement standard.
C.
Traffic controls and pavement markings shall conform to specifications
of the most current edition of the Delaware Manual for Uniform Traffic
Control Devices (DEMUTCD). Any deviation shall be considered and possibly
approved by the Mayor and Town Council with consult from the Public
Works staff.
[Amended 5-2-2022 by Ord. No. 2022-005]
D.
Entrances onto existing state-maintained and Town-maintained streets
shall be designed in accordance with the DelDOT Division of Highways
Standards and Regulations for Access to State Highways, latest edition.
E.
Minor streets shall be designed to discourage through traffic.
F.
Subdivisions abutting arterial streets shall provide a service street,
and reserve frontage with a buffer strip for planting, or some other
means of separation of through and local traffic as the Town may determine
appropriate.
I.
Minimum street widths within a subdivision shall conform to the following:
(1)
Minor streets shall be 32 feet wide from back of curb to back of
curb with Integral PCC Curb and Gutter, Type 3, required.
(2)
Minor collector streets shall be 40 feet wide from back of curb to
back of curb with Integral PCC Curb and Gutter, Type 3, required.
(3)
Major collector streets shall be divided and a minimum of 24 feet
wide from back of curb to back of curb per direction of travel with
Integral PCC Curb and Gutter, Type 3. A landscape island a minimum
of eight feet in width shall separate travel lanes. PCC Curb, Type
1, or Integral PCC Curb and Gutter, Type 3, shall be required for
the island.
(4)
Arterial street widths will be considered carefully by the Town Council
and will be determined after conferring with other outside agencies.
(5)
Alleys to be dedicated to the Town shall be 16 feet wide inside curb
to inside curb with either Integral PCC Curb and Gutter, Type 2 or
Type 3.
J.
Integral PCC Curb and Gutter, Type 3, curbs shall be placed on both
sides of the street in accordance with specifications of the Town.
K.
Horizontal curves on minor streets shall have a minimum radius of
150 feet and a minimum sight distance of 150 feet. Minor collector
streets shall have a minimum radius of 300 feet and a minimum sight
distance of 200 feet. Major collector streets shall have a minimum
radius of 500 feet and a minimum sight distance of 225 feet.
L.
Subdivisions that adjoin or include existing streets that do not
conform to the street requirements of this section shall dedicate
additional width along either or both sides of the street.
M.
Grades of arterial and collector streets shall not exceed 4%. Grades
on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 3/10 of 1%.
N.
Street intersections shall be as nearly at right angles as possible
and in no case be less than 60°. The block corners at intersections
shall be rounded at the curbline with the curb having a radius not
less than 25 feet.
O.
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
P.
A tangent of at least 100 feet long shall be introduced between reverse
curves.
Q.
When connecting street lines deflect from each other at any one point
by more than 10°, they shall be connected by a curve with a radius
of not less than 100 feet for minor streets and 300 feet for arterial
and collector streets.
R.
All changes in grade shall be connected by vertical curves of sufficient
length.
S.
Culs-de-sac shall not be longer than 800 feet and shall provide a
turnaround at the end with a minimum paving radius of 40 feet. If
a street is of a temporary nature, a similar turnaround shall be provided
and provisions made for future extension of the street and reversion
of the excess right-of-way to the adjoining properties.
T.
The maximum length of a dead-end street (as measured from the nearest
approved turn-around area) shall not exceed 300 feet without an additional
alternative turnaround as approved by the Delaware State Fire Marshal's
Office.
U.
No street shall have a name that will duplicate or so nearly duplicate
as to be confused with the existing streets. Continuation of an existing
street shall have the same name. All street signage, traffic control
signage, devices, and pavement markings shall be in accordance with
the specifications of the most current edition of the Delaware Manual
for Uniform Traffic Control Devices (DEMUTCD). Any deviation must
be considered and approved by the Mayor and Town Council for good
cause shown following consultation with the Town Public Works staff.
[Amended 5-2-2022 by Ord. No. 2022-005]
V.
Sidewalks shall be placed on both sides of the street and separated
from the curb by a grass strip or landscaped buffer area of at least
three feet in width on minor streets, at least four feet in width
on minor collector streets and at least six feet in width along major
collector streets and installed in accordance with the specifications
of the Town for design and material.
W.
Streetlighting shall be installed at street intersections, on curves,
and at the end of dead-end streets and shall be spaced a maximum of
300 feet apart along a straight street. The cost of the installation
of the streetlights shall be borne by the developer. All electric
lines shall be located underground. The developer shall pay the cost
of the electricity for the streetlights until final construction of
streets is completed and the street is accepted by the Town.
X.
Shade trees are to be located in back of the curbline so as not to
interfere with the utilities, sight lines, sidewalks or driveways.
Y.
Where buffer yards are required or proposed, they shall be planted
with growth of such type and quality to produce from time of planting
a screening hedge of such density and height to effectively perform
its purpose the year round. Such proposed planting should be reviewed
by the Town prior to approval of the subdivision.
A.
Streets, including but not limited to the final layer of blacktop,
and sidewalks shall be completed by the time 80% of the lots in the
subdivision or the phase, if the subdivision is constructed in phases,
are either sold or built upon, or by the time five years have passed
since the final approval for a subdivision or the phase, whichever
occurs first, unless otherwise approved by the Mayor and Council for
good cause shown.
B.
The developer shall be responsible for streets and sidewalks until
final acceptance and official release of the completion guaranty,
including repairs, if necessary, and other reasonable provisions for
the convenience and safety of traffic. Until final acceptance and
official release of the completion guaranty, the developer shall be
responsible, also, for the removal of snow from streets when necessary
for the convenience or safety of traffic.
C.
All drainage facilities shall be constructed in accordance with minimum
construction standards established by the Town Engineer or other Town
designee or the standards most recently adopted by DelDOT in areas
where it has jurisdiction.
D.
Where the proposed subdivision or land development will result in
increased quantities of stormwater runoff leaving the area to be developed,
the developer shall demonstrate that off-site drainage improvements
are adequate to handle the additional water and that all new or expanded
swales, pipes or other off-site improvements are located in dedicated
easements that permit efficient access for maintenance purposes. Minimum
standards shall be those established by the Town Engineer or DelDOT
where it has jurisdiction.
Sufficient parking spaces shall be provided as required by Chapter 220, Zoning, and this chapter.
A.
Land that is unsuitable for subdivision or land development due to
flooding, improper drainage, steep slopes, adverse earth formations
or topography, utility easements or other features that will be reasonably
harmful to the safety, health and general welfare of the present or
future inhabitants of the subdivision or its surrounding areas shall
not be subdivided or developed unless adequate methods are formulated
by the developer and approved by the Town Engineer and the applicable
rules and regulations of the State Department of Natural Resources
and Environmental Control and DelDOT to solve the problems created
by the unsuitable land conditions. Such lands shall be set aside as
open space and shall not involve such a danger.
B.
Cut or fill should be limited to those instances where it is required
to achieve acceptable street grades, parking areas or building sites
or where it will be used to enhance the site, such as by berms or
swales that add visual interest or perform a useful function, such
as screening or drainage.
C.
Subdivision and land development planning shall take into consideration
critical areas, waterways, natural topography, vegetation, sustainability,
and especially historic spots, landmarks and social impacts.
A.
The record plan, as required under provisions of this chapter, shall:
(1)
Be drawn in a clear and legible manner;
(2)
Be prepared by a registered Delaware land surveyor or engineer; and
(3)
Be prepared at a minimum scale of one inch equals 100 feet, and shall
be drawn on sheets not more than 24 by 36 inches in size, including
a margin of 1/2 inch outside the ruled border lines; except that these
requirements are not applicable to construction plans or drawings
required by other agencies;
(4)
Have all dimensions and bearings of lines and all areas based upon
a field survey of sufficient accuracy and detail that the data shown
thereon may be reproduced on the ground, with all bearings, distances,
areas and other dimensions true and correct to the accuracy required
by accepted surveying standards;
(5)
Show the general plan for the ultimate development of the property,
including as much of the surrounding area as may be necessary for
an adequate consideration of the land to be subdivided or developed;
(6)
Provide all other pertinent, accurate and reliable information on
existing site conditions, property ownership, use of any components
of the Town's sustainability plan recommendations, and the like that
may be necessary for the Planning and Zoning Commission and Town Council
to properly consider the proposed subdivision; and
(7)
Include all recommendations made by the Town Council and the Planning
and Zoning Commission following review and discussion, if so undertaken,
and all subsequent requirements as may be set forth by this chapter
and other official agencies.
B.
Preliminary plan requirements. The preliminary plan shall show the
following:
(1)
The proposed subdivision name or identifying title that shall not
duplicate or closely approximate the name of any other subdivision
in the Town or Sussex County.
(2)
The name and address of the owner of record and the developer.
(3)
The name, address, license number and seal of the licensed land surveyor
or engineer.
(4)
The date of the survey.
(5)
The reference meridian for bearings on the map shall be shown graphically
and definitely described. Magnetic bearings shall show the date of
observation. State Plane Bearing system is preferred. The North point
should always be at the top of the plan.
(6)
The graphic scale.
(7)
The location of existing property lines, streets and alleys, easements,
buildings, utilities, wooded areas and waterways; soils classification;
and any other significant natural or man-made physical features affecting
the proposed subdivision.
(8)
A location map at a scale not less than 800 feet to the inch showing
the relation of the property to adjoining property and to all streets,
roads, watercourses, natural and artificial, streams, shorelines,
or other water boundaries and all municipal boundary lines crossing
or adjacent to the property and existing within 1,000 feet from any
part of the property proposed for subdivision.
(9)
The names of all subdivisions immediately adjacent, and the names
of all owners of immediately adjacent lands, zoning, the block and
lot number of each, the Sussex County Tax Map and parcel number and
the property lines of the land to be subdivided.
(10)
The layout, width and names of all streets, alleys, crosswalkways
and easements proposed to be dedicated for public use. Street names
shall neither duplicate nor closely resemble existing street names
in the same hundred or postal district, except for extensions of existing
streets.
(11)
The layout, consecutive numbering and approximate dimensions
and areas of all proposed lots or parcels and the lettering of blocks.
(12)
Provision for buffer areas and other landscaping.
(13)
The location, design and size of all signs and lighting facilities.
(14)
The locations and dimensions of areas proposed for neighborhood
parks or playgrounds, or other permanent open space.
(15)
The proposed locations and sizes for all utilities and drainage
facilities, including stormwater best management practices.
(16)
The lines and dimensions of all property that is offered, or
is to be offered, for dedication for public use, with the purpose
indicated thereon, and of all property that is proposed to be reserved
by deed covenant for the common use of the property owners of the
development.
(17)
The location of all wetlands (both state and federal) shall
be indicated, in order to facilitate compliance with state and federal
wetlands requirements.
(18)
The location of the 100-year floodplains based on current Flood
Insurance Rate Maps and the location and dimensions of all areas designated
as a Source Water Protection Area ("SWPA") by the Town.
(19)
Notations and descriptions of deed restrictions, if any.
(20)
Dimension from center line of site entrance to center line of
nearest road intersection.
(21)
The proposed grading plan when excavation, recontouring or similar
work is to occur in conjunction with development of the subdivision.
(22)
Topographic contours at one-foot intervals and referenced to
United States Geological Survey data or other commonly accepted data.
Where unusual conditions, such as steep slopes, create problems in
drafting contour lines, a greater interval may be used if other information
is provided to adequately describe the true nature of the topography.
(23)
The designs of any bridges or culverts that may be required
by and as approved by the Town Engineer.
(24)
The plan for connecting to the water supply system of the Town
as approved by the Town Engineer.
(25)
The plan for connecting to the sewer system of the Town as approved
by the Town Engineer and Town's wastewater service provider.
(26)
By legend and symbol, the monuments established in accordance
with the above, distinction being made between existing and proposed.
(27)
Where the preliminary plan submitted covers only a part of the
developer's entire holding, a sketch of the unsubmitted part shall
be furnished; and the street system of the submitted part will be
considered in the light of adjustments and connections with the future
system of the part not submitted.
(28)
A data column with the following existing and proposed information:
(a)
Total acreage within project.
(b)
Total acreage within open space.
(c)
Total acreage/square footage within lots.
(d)
Number of lots.
(e)
Dwelling units (type and number).
(f)
Average lot area.
(g)
Minimum lot area.
(h)
Maximum lot area.
(i)
Density.
(j)
The zoning classification of property.
(k)
Number of permanent monuments (also locate and describe on plan).
(l)
Sussex County property identification number.
(n)
Wetlands.
(o)
SWPAs.
(29)
In case of proposed streets being dedicated to public use, add
the following note:
"Subdivision streets constructed within the limits of the right-of-way
dedicated to the public use shown on this plan are to be maintained
by the Town of Milton following the completion of the streets by the
developer to the satisfaction of the Town. The Town assumes no maintenance
responsibilities within the dedicated street right-of-way until the
Town has accepted the streets."
(30)
Owner's certification as follows:
"I, _____, hereby certify that I am the owner of the property
described and shown on this plan and that the plan was made at my
direction*, and that I acknowledge the same to be my act and desire
the plan to be recorded according to law." (NOTE: * In the case of
proposed streets to be dedicated, add the following after the word
"direction" to the above certification: ". . .that all streets shown
hereon and not heretofore dedicated are hereby dedicated to the public
use and that all proposed monuments and markers shown hereon will
be set at the location indicated,".)
Date __________ Signature
(31)
Engineer's or land surveyor's certification as follows:
I, _____, hereby certify that I am a registered engineer or
land surveyor in the State of Delaware, that the information shown
hereon has been prepared under my supervision and to my best knowledge
and belief represents good engineering and surveying practices as
required by the applicable laws of the State of Delaware.
Date _____ Seal __________ Signature
C.
Supporting statements for the preliminary plan. The preliminary plan
shall be accompanied by the following written and signed statements
in support of the application for preliminary approval:
(1)
Statements explaining how and when the developer proposes to provide
and install the required water supply, sewers or other means of sewage
disposal, street pavements and drainage structures;
(2)
Statements concerning any proposed deed restrictions to be imposed;
(3)
Where special physical conditions exist that may act as constraints
on normal development or may preclude development totally, the developer
may be required to submit special technical data, studies or investigations.
This information must be prepared by individuals technically qualified
to perform such work. Additional information may include but is not
limited to the following: historical and cultural studies, traffic
studies, stormwater runoff computations and identification of areas
subject to periodic flooding;
(4)
If special conditions are found to exist, the Town shall not approve
a preliminary plan until it is determined that it is technically feasible
to overcome such conditions. The Town may then require the developer
to incorporate specific improvement design criteria into the plan
as a condition to its approval;
(5)
When special studies or investigations pertain to a regulatory program
of another public agency, the developer shall submit the results of
these studies or investigations to said public agencies for technical
review and approval. Written comments from these agencies shall be
supplied to the Town by the developer; and
(6)
Statements explaining how and when the developer proposes to provide
for the perpetual maintenance of open space and buffer strips, if
required.
D.
Final record plan requirements. For final approval, the record plan
shall be legibly and accurately drawn and shall show the following:
(1)
All information as required for the preliminary plan except topographic
contours and drainage layout and construction drawings.
(2)
The name under which the subdivision is to be recorded.
(3)
The scale, date, North point and location map showing the general
location of the subdivision in relation to its surroundings.
(4)
Bearings and distances for all boundary lines of the subdivision
or land development.
(5)
The locations and descriptions of all permanent survey monuments.
(6)
The names and locations of adjacent subdivisions and the location
of adjoining parcels of land, with the names of the owners of record.
One of the corners shall be referenced to the nearest intersection
to two roads.
(7)
The locations, dimensions and names of all streets and alleys within
and adjoining the subdivision, with the lengths and bearings of tangents,
dimensions of sight easements, the lengths of arcs and radii, internal
angles, points of curvature and any other necessary surveying data.
(8)
The locations, dimensions and bearings of all lot lines, and the
area of every lot or parcel designated.
(9)
Lots numbered in consecutive numerical order and blocks lettered
consecutively.
(10)
The locations, dimensions and purposes of all crosswalkways,
shared-use paths, easements and other public ways.
(11)
The locations, dimensions and purposes of any other property
offered for dedication or to be reserved for acquisition for public
use or to be reserved by deed covenant for the common use of property
owners in the subdivision.
(12)
A typical street section of the street construction design.
(13)
A space for signature by the Mayor and Secretary of the Town
Council and the date of approval, to be provided as follows:
This map has been approved by the Town Council of the Town of
Milton at a meeting held on __________.
|
The Town of Milton
| ||
|
By:
|
Mayor
| |
|
Attest:
|
Secretary
| |
(14)
Owner's certification as follows:
"I, _____, hereby certify that I am the owner of the property
described and shown on this plan and that the plan was made at my
direction*, and that I acknowledge the same to be my act and desire
the plan to be recorded according to law." (NOTE: * In the case of
proposed streets to be dedicated, add the following after the word
"direction" to the above certification: ". . .that all streets shown
hereon and not heretofore dedicated are hereby dedicated to the public
use and that all proposed monuments and markers shown hereon will
be set at the location indicated,".)
Date Signature
(15)
Engineer's or land surveyor's certification as follows:
I, _____, hereby certify that I am a registered engineer and
land surveyor, or architect in the State of Delaware, that the information
shown hereon has been prepared under my supervision and to my best
knowledge and belief represents good engineering, surveying, and/or
architectural practices as required by the applicable laws of the
State of Delaware.
Date Seal Signature
(16)
The locations, bearings and dimensions and area of any land
set aside for forested buffer strips, if required.
(17)
The location of all wetlands (both state and federal) shall
be indicated by legal description with bearings and distances with
each flag point numbered. A signed and dated statement by an experienced
qualified professional shall be provided verifying the accuracy of
the delineation. If the site contains no wetlands, then the plan must
contain the appropriate statement from the same professional. Building
lots containing wetlands shall be identified by a notation stating
that "construction activities within these sites may require a permit
from the United States Army Corps of Engineers or the State of Delaware."
(18)
The location and dimensions of all areas designated as an SWPA
by the Town within the area to be subdivided or developed.
(19)
A space for the signature of an authorized representative of
the Sussex Conservation District approving the location and design
of all stormwater management areas and erosion and sediment control
facilities which shall be shown on the final record plan.
(20)
The locations, dimensions and purposes of all open space areas.
The legend or plan notes must show a breakdown of acreages, both gross
and net, of open space, the percentage of impervious cover area, the
percentage of open space to total gross acreage and the total acreage
of proposed streets, roads, parking lots, alleys and ways used for
vehicle access and multimodal paths located within state rights-of-way.
The following shall be filed with the record plan:
A.
Certificate of title showing ownership of the land to be vested in
the developer or other applicant for approval.
B.
Street profiles and cross-sections for all streets that shall have
been approved by the Town Engineer.
C.
Certificate of Town Engineer as follows: "I have carefully examined
this map and find it conforms with all the laws of the State of Delaware
and the ordinances of the Town of Milton."
F.
Copy of such private deed restrictions, including building setback
lines, as may be imposed upon the property as a condition of sale,
together with a statement of any restrictions previously imposed that
may affect title of the land being subdivided. Such restrictions shall
be satisfactory to the Town Council and shall provide, in the case
of any lot intended for residential use, against further division
thereof by the grantee without obtaining approval of the Town Council.
G.
Copy of the certificate of final approval of any other official body
that may become involved or have an official interest in the development.
H.
Separate, approved Sussex Conservation and DNREC construction plans
shall submitted as part of the final record plan requirements.
A.
An application for partitioning of a lot shall be made on a form
supplied by the Town, together with a plan/map, prepared by and attested
to by a licensed surveyor or engineer, showing the property to be
divided and showing the entire frontage of the proposed partitioned
lots, and that of the adjoining properties of the proposed partition.
The application, plan and the required fees shall be submitted to
the Town for recording prior to forwarding to the Town Council. The
required fees shall be the fees established in the currently effective
Town of Milton Fee Schedule.
B.
The Town Council may approve partitioning applications that are found to meet all of the requirements of this chapter and Chapter 220, Zoning. Additionally, existing lots less than 20,000 square feet zoned R-1 and located in the Town boundaries prior to the adoption and effect of the Town's original Zoning Ordinance (1987) may file for partitioning of the existing lot to the minimum size of 7,500 square feet, except that minimum width and depth for R-1 zoning is required, the combining of lots or moving of any existing structures is not permitted, and the minimum setback from existing structures to property lines is required.
C.
The applicant shall submit the approved plan, within 90 days from
the approved date, to the office of the Recorder of Deeds, in and
for Sussex County for recording. If any approved plan is not filed
within that period, the approval of such partition shall expire. The
Town Council, for good cause shown, may extend the time for filing
of the plan for a period not to exceed 90 days. A record of all partitions
and one copy of the approved plan shall be kept by the Town and reflected
in the records retained by the Town.
D.
If the Town Council disapproves a partition application, a written
notice shall be returned to the applicant stating the basis for such
disapproval. Reasons for disapproval shall be remedied prior to any
resubmission.
The owner of any land within the Town may submit to the Town Council a sketch plan of a subdivision or land development for purposes of discussion and classification pursuant to the provisions of §§ 188-30 through 188-32 of this chapter. The sketch plan shall be submitted two weeks before the regularly scheduled meeting of the Town Council. The sketch plan may be drawn by the applicant, but due care should be taken that all information shown thereon is accurate. This sketch plan is for information purposes only and does not constitute approval for any subdivision. The Town Council may make comments back to the applicant in verbal or written form. Verbal comment will be given at the regularly scheduled meeting, or written comments may be made within three weeks after the regularly scheduled meeting.
The procedure for the approval of a minor subdivision shall
be as follows:
A.
An application for a minor subdivision shall be made on a form supplied
by the Town and shall be filed at least two weeks prior to the regularly
scheduled meeting of the Town Council with the required fees, in the
amount specified in the current Fee Schedule adopted by the Town Council,
for the Town Clerk's acceptance and recording prior to consideration
by the Town Council.
B.
The applicant shall supply at least five copies of a plan prepared
by and attested to by a professional licensed surveyor or professional
engineer. Such plan shall show its location, surrounding properties,
roads or other applicable details, and the proposed subdivision layout
as plotted from deed, Tax Map, and/or survey and in accordance with
this chapter.
C.
The Town Council shall review the application and forward the plan
to the Planning and Zoning Commission for its recommendations and
review.
D.
The Planning and Zoning Commission shall review the plan for accuracy
and receive from the applicant any outside agency recommendations.
The Planning and Zoning Commission shall send its recommendations
to the Town Council.
E.
The Town Council shall review all recommendations, making certain that all of the requirements set forth in this chapter and Chapter 220, Zoning, have been satisfied before the approval of a minor subdivision.
F.
If the Town Council disapproves a minor subdivision application,
a written notice shall be returned to the applicant. Reasons for disapproval
shall be remedied prior to any resubmission.
G.
A copy of the plan, as approved by the Town Council, shall be filed
by the applicant with the office of the Recorder of Deeds, in and
for Sussex County, within 90 days from the date of such approval.
If the approved final plan is not filed within the ninety-day period,
the approval of such minor subdivision shall expire. The Town Council,
for good cause shown, may extend the time for filing of the plan for
a period not to exceed 90 days.
The procedure for the preliminary plan approval of a major subdivision
or land development shall be as follows:
A.
An application for a major subdivision or land development shall
be made on a form supplied by the Town and shall be filed at least
two weeks prior to the regularly scheduled meeting of the Town Council
with the required fees, in the amount specified in the current Fee
Schedule adopted by the Town Council, for the Town Clerk's acceptance
and recording prior to consideration by the Town Council.
B.
The applicant shall supply at least five copies of the preliminary
plan prepared by and attested to by a professional licensed surveyor
or professional engineer. Such preliminary plan shall show its location,
surrounding properties, roads or other applicable details, and the
proposed subdivision layout as plotted from deed, Tax Map, and/or
survey and in accordance with this chapter.
C.
The Town Council shall review the application and preliminary plan
and forward the preliminary plan with any initial comments to the
Planning and Zoning Commission for its review and recommendations.
D.
The Planning and Zoning Commission shall place the preliminary plan
application on the agenda for a public hearing. The Planning and Zoning
Commission minutes shall collect all public input and technical recommendations
from the public hearing.
E.
The Planning and Zoning Commission shall review the preliminary plan
to ensure that it meets the requirements set forth in all Town ordinances,
giving attention to open spaces and community needs. The recommendations
from those attending the public hearing shall be given careful consideration
in the review process.
F.
Once the Planning and Zoning Commission is satisfied that all requirements
from the Town ordinances are met, the Planning and Zoning Commission
shall give preliminary plan approval.
G.
Once the preliminary plan has received approval from the Planning
and Zoning Commission, the applicant shall contact or file with all
necessary agencies for their review and approval prior to the applicant
coming back before the Planning and Zoning Commission and the Town
Council for final record plan approval. After receiving approvals
from the outside agencies, if the approved preliminary plan has not
been changed significantly, the applicant may apply for final record
plan approval. Significant change will be at the discretion of the
Planning and Zoning Commission.
H.
The approval for the preliminary plan subdivision shall expire within
one year after the date of the approval by the Planning and Zoning
Commission. The Planning and Zoning Commission may grant an extension
for a period of up to one year if the applicant shows just cause for
the delay.
I.
If the Planning and Zoning Commission disapproves the preliminary
plan application, a written notice shall be returned to the applicant
within 15 working days stating the basis for such disapproval. Reasons
for disapproval shall be remedied prior to any resubmission to the
Commission.
Final approval of a major subdivision or land development shall
be in accordance with the following procedure:
A.
Application for approval of a major subdivision or land development
will be presented by the developer, owner or its agent to the Town
Clerk on forms supplied by the Town at least 21 days in advance of
a regular scheduled meeting of the Planning and Zoning Commission.
B.
The applicant shall supply at least five copies of the proposed final
record plan prepared by and attested to by a licensed surveyor. Such
plan shall show its location, surrounding properties, roads or other
applicable details, and the proposed subdivision or land development
layout as platted from deed, Tax Map, and/or survey and in accordance
with this chapter. The applicant will present to the Town all approvals
from the outside agencies (including but not limited to signed topographic
plans, water designs, sewage designs, stormwater management designs,
highway access or curb cuts).
C.
The Town shall receive the application and all required plans and
material, and shall acknowledge receipt in a proper space on the application.
The Town shall return one copy to the developer, owner or its agent
as their receipt and file one copy as the record of receipt.
D.
The Town shall, upon receipt of the application, make certain that
all material required accompanies the application. If the owner or
its agent has failed to provide all required material, the Town shall
so advise the developer, owner or its agent, in writing, and return
all material received, except the application, for resubmission. If
all required material is in order, the Town shall place the application
on the agenda of the next regular scheduled Planning and Zoning Commission
meeting and forward a copy of the application together with the prints
of the plan and other required material to the Planning and Zoning
Commission for its review and recommendation.
E.
The Planning and Zoning Commission shall review the plan for final
approval of a major subdivision or land development and all the required
material, making certain that all the requirements and conditions
set forth in this chapter and the other Town ordinances have been
satisfied. If the developer, owner or his agent fails to satisfy all
of the requirements, the Planning and Zoning Commission shall so advise,
in writing, and return all material required, except the application
and one copy of the plan, for correction or addition thereto and resubmission.
F.
Once the final record plan has received approval from the Planning
and Zoning Commission, the application and approved record plan will
be forwarded to the Town Council for its approval.
G.
The Town Council shall act on an application for final approval that
it has found to be in order, within 90 days. Upon final approval by
the Town Council of any application, the Mayor and Secretary of the
Town Council shall sign the record plan and the application and shall
have three copies of the record plan for distribution to the Board
of Assessment, Town Engineer and the Code Enforcement Officer. Three
signed plans will be returned to the developer, owner, or applicant.
H.
The developer, owner, or applicant shall be responsible for recording
the approved record plan with the office of the Recorder of Deeds,
in and for Sussex County, within 90 days from the date of such approval.
The Town Council, for good cause shown, may extend the time for the
filing of the record plan for a period not to exceed 90 days. No record
plan shall be filed for the development of a subdivision or land development
in the Recorder of Deeds, in and for Sussex County, unless the Town
Council has approved it.
Town Council may approve minor lot line adjustments between
two parcels for the purpose of small adjustments in boundaries for
recordation after review and determination of compliance with all
applicable zoning and subdivision regulations, provided:
A.
The total area of the adjustment does not exceed 10% of the combined
area of the lots affected by the adjustment.
B.
No additional lots are created.
C.
The owner submits a plan for review and approval. The requirements for the plan must contain all the information required under § 188-26, as applicable.
D.
Approval of the plan by the Town Council does not automatically transfer
property. A separate deed must also be recorded to transfer the property
being conveyed.
A.
Where, in the case of a particular proposed subdivision or land development, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the developer because of unusual topography or other conditions that are not self-imposed or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the Town Council may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter or be contrary to the goals and objectives of the Comprehensive Plan for the Town. In no case shall any variation, modification or waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with Chapter 220, Zoning.
B.
Where land is proposed for development in accordance with the provisions of Chapter 220, Zoning, pertaining to the establishment of a Large Parcel Development District, the requirements and conditions for approval as set forth in Chapter 220, Zoning, shall prevail in case of any conflict with these regulations; provided, however, that nothing in this section shall be construed as permitting any exception from the requirements of these regulations with regard to the design, arrangement or improvement of streets and highways within any proposed Large Parcel Development District.
A.
Variances, modifications, and waivers from the requirements of this
chapter shall be granted only by the affirmative vote from 2/3 of
the members of the Town Council.
B.
In granting variances, modifications, and waivers, the Town Council
may require such conditions as will, in its judgment, substantially
secure the objectives of the requirements so varied, modified, or
waived.
C.
Requests for variances, modifications, and waivers may be presented
at a scheduled Town Council meeting. Such requests must be submitted
to the Town Council at or before the normal deadline established by
the Council.
D.
This section does not apply to the requirements of other public agencies.
A.
No building permit shall be issued, nor shall construction be authorized,
by the Town on lands where a subdivision or land development plan
is required to be approved and recorded as provided herein, until
the compliance with this chapter and other applicable provisions has
been determined by the Town Council.
B.
No certificate of occupancy shall be issued until required improvements
have been installed, constructed, or placed for the lot in a manner
acceptable to the Town.
C.
The Code Enforcement Officer and other designated Town officials
have the duty and authority to enforce the regulations of this chapter,
including reporting to the Town Council any violation or lack of compliance.
A.
As a condition of approval of improvement plans, the Town Council
shall require the developer to post a performance bond or other guaranty
for any improvements required by the applicant of this chapter in
an amount sufficient to construct the improvements and in a form acceptable
to the Town Solicitor and Town Engineer. The applicant shall submit
a detailed estimate for the cost of the improvements. Except as otherwise
provided in this chapter, the amount of such bond shall be no less
than 125% of the cost of improvements. Bonding and guaranties shall
be required for the following, or other improvements deemed necessary
by the Town Council.
B.
A bond or guaranty shall be furnished for the following:
(1)
Streets.
(2)
Street signs.
(3)
Sidewalks.
(4)
Curbs.
(5)
Streetlighting.
(6)
Shade trees.
(7)
Buffer yard plantings.
(8)
Grading fill topsoil and protection thereof.
(9)
Culverts and stormwater retention ponds.
(10)
Stormwater system.
(11)
Sanitary sewers.
(12)
Water mains.
(13)
All utilities (example: gas, electric and other mains, pipes
and conduits).
(14)
Other public improvements identified in the subdivision plan.
C.
Upon completion of all of the improvements covered under the original performance security and all guarantees and after as-builts have been approved by the Town Engineer, the developer shall post a warranty bond in the amount of 10% of the value of the original performance security or $25,000, whichever is greater. The warranty security shall be in the form of a cash warranty bond, warranty surety bond, or warranty letter of credit. The warranty security shall remain in place until one year after completion, approval and acceptance of the improvements called for under § 188-38.
Upon completion of each improvement and prior to the release
of the developer's performance guaranty, the developer shall provide
the Town detailed as-built plans, including horizontal and vertical
locations. Five paper prints and two digital copies in CAD format
acceptable to the Town shall be provided. Information to be provided
shall include:
A.
The date of the survey;
B.
The graphic scale;
C.
The location of all water-supply lines and laterals to the individual
lots in the development as well as valves, meters, fire hydrants and
appurtenances;
D.
The location of all sewer lines and laterals to the individual lots
in the development as well as manholes, inlets and cleanouts;
E.
The location of all storm sewer lines, drainage structures and stormwater
management facilities in the development;
F.
Sufficient data to determine readily the location, bearing and length
of every boundary line, street line, or lot line so as to reproduce
the lines upon the grounds; and the length of all straight lines,
deflection angles, radii, lengths of curves and central angles of
all curves, tangent distances and tangent bearings for each street;
G.
All dimensions and angles or bearings of the lines of each lot; and
H.
The location of all gas, phone, cable, fiber optic, electric and
other mains, pipes and conduits in the subdivision or land development
and outside of the subdivision or development if it was installed
as a part of the subdivision or development.
A.
The developer shall be responsible for streets and sidewalks until
final acceptance and official release of bond, including repairs,
if necessary, and other reasonable provisions for the convenience
and safety of traffic. The developer shall be responsible, also, for
the removal of snow from streets when necessary for the convenience
or safety of traffic until said final acceptance and official release
of bond.
B.
The Town Council, upon the developer's full compliance with the construction
agreement, the filing of the required surety guaranty bond, and preparation
of the documentation for the transfer of title to the Town of the
streets and other areas to be dedicated to public use, shall arrange
with the Town Solicitor for preparation and presentation to the Town
Council of an appropriate resolution:
Final action by the Town Council shall be taken upon certification
to it by the Town Engineer, the Town staff, and Town Solicitor in
their respective areas of responsibility and shall include:
A.
Any applicant aggrieved by a finding, decision, or condition of the
Town Council may request and shall receive opportunity to appear before
the Town Council to present additional relevant information and request
reconsideration of the original finding, decision, or condition within
15 days of receipt of notice of the finding or decision.
[Added 6-7-2021 by Ord. No. 2021-005]
B.
In addition to Subsection A of this section, in the case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed by the Town Council or Planning and Zoning Commission of the Town of Milton, in addition to other remedies herein provided, the Town Council may institute any appropriate action or proceeding in a court of competent jurisdiction to prevent, restrain, correct, or abate such violation or threatened violation.
