This chapter shall be known and cited as "The Town of Milton
Subdivision and Land Development Ordinance."
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amended or rescinded by the Town Council.
The following definitions shall be applicable to this chapter
unless the context indicates to the contrary:
ACCESS
A way or means of ingress, egress or regress, such as, a
driveway, street, road, or highway that connects through private or
public property.
ACCESSWAY
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.
ADJACENT
Physically touching or bordering upon; sharing a common boundary,
but not overlapping.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed application for development, including their heirs, successors
and assigns.
BUFFER YARDS
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.
COVERAGE
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
CROSSWAY
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.
DELAWARE MUTCD
The latest published edition of the Delaware Manual on Uniform
Traffic Control Devices.
DELDOT
The Delaware Department of Transportation.
DEVELOPER
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.
DRAINAGE RIGHT-OF-WAY
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.
FLOODPLAIN
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.
HOMEOWNERS' ASSOCIATION
A body of persons legally responsible for the maintenance
of private open spaces and/or common facilities. Also known as "maintenance
corporation."
INTERCONNECTIVITY
A physical connection of access and accessways between two
or more lots, subdivisions or developments.
INTRACONNECTIVITY
A physical connection of access and accessways within a single
lot, subdivision or development.
LAND 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; 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.
LOT
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.
LOT FRONTAGE
A lot line that is coincident with the right-of-way line
of a road or street access.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
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.
LOT, CORNER
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°.
LOT, DEPTH OF
The mean distance from the front street line of a lot to
its rear line.
LOT, THROUGH
A lot that faces on two streets at opposite ends of the lot
and is not a corner lot.
MAJOR SUBDIVISION
All subdivisions not classified as partitioning or minor
subdivisions.
MINOR SUBDIVISION
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.
OPEN SPACE
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.
PARTITIONING
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.
PERFORMANCE GUARANTEE
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.
PLAN, PRELIMINARY
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.
PLAN, RECORD
A complete subdivision or land development plan, including
all required supplementary data that defines property lines, proposed
streets and other improvements, and easements.
PLAN, SKETCH
An informal plan indicating salient existing features of
a tract and its surroundings, including the general layout of the
proposed subdivision or land development.
STREET
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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).
F.
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.
G.
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.
H.
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.
I.
MINOR STREETSStreets that are used primarily for access to the abutting properties. The number of dwelling units on noncollector streets shall not exceed 50.
J.
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."
SUBDIVIDER
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."
SUBDIVISION
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.
TOWN COUNCIL
Includes the Mayor and the Council of the Town of Milton, as defined in §
1-1.
WETLANDS
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.
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.
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.
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.
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.
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.
G. The minimum right-of-way shall be measured from lot line to lot line,
and measured in accordance with the following schedule:
(1) Arterial streets: 120 feet;
(2) Major collector streets: 80 feet;
(3) Minor collector streets: 60 feet;
(5) Interior streets: 25 feet.
H. The Town assumes, while retaining all controls over the dedicated
rights-of-way, no responsibility for:
(1) Maintenance of the dedicated portion of the right-of-way beyond the
back of curb or present edge of pavement where no curb exists.
(2) Cutting of grass in any portion of the right-of-way.
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.
Sufficient parking spaces shall be provided as required by Chapter
220, Zoning, and this chapter.
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."
D. Cost estimate for any required improvements as per §
188-37 of this chapter.
E. Performance guarantee in accordance with §
188-37 of this chapter.
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.
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.
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:
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.
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. Accepting the construction improvements.
B. All terms and conditions of the agreement, including submission of
a satisfactory release of liens, have been met satisfactorily.
C. Releasing the developer's completion guaranty.
[Added 6-7-2021 by Ord. No. 2021-005]
A. Any person, partnership, corporation or association or any agent or representative thereof who shall violate any provision of this chapter shall be subject to such penalties as are set forth in Chapter
1, Article
I.
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.