A.
Prior to submitting a minor subdivision application an applicant, or their representative, shall contact the City Planner to discuss a preapplication meeting as described in § 170-10, Subdivision preapplication meeting.
B.
Any individual, firm, association, syndicate, copartnership, corporation,
trust, or any other legal entity interested in applying for approval
of a minor subdivision or combining of lots located wholly or partly
within the City of Lewes shall submit, in writing, to the City Planner
the following:
(1)
Following the preapplication meeting, the subdivider shall prepare
and submit a complete application which includes the following:
(a)
A completed minor subdivision application form (provided by
the City Planner or from the City website).
(b)
A conceptual plat plan in an electronic form and hardcopy (quantity
determined by City Planner) that complies with specifications described
in this chapter, including:
[1]
Certification by a land surveyor registered with the State of
Delaware Board of Professional Land Surveyors or a professional engineer
registered with the Delaware Association of Professional Engineers.
(2)
Letter from the Board of Public Works certifying that utilities are existing and available for the proposed lot(s); provided, however, that such letter shall not be required where the application is for a subdivision or combining of lots for the purpose of creating a parcel for identification for purposes of zoning decisions or review under Chapters 170 or 197.
(3)
Letter of intent requesting Planning Commission review.
(4)
Fees as specified on the minor subdivision application on the City's
website shall be paid by the applicant. Additional required materials,
studies, or reports may be identified during the review process and
shall be prepared at the applicant's expense.
(5)
If a party other than the owner of record is making application,
a letter of permission from the owner of record must be submitted.
C.
Following submittal of a minor subdivision application the City Planner shall review the submittal and inform the applicant of any deficiencies to address or to indicate the formal review will commence and provide instructions for public notification in accordance with § 170-9, Notice requirements. Applications will be scheduled as an agenda item for consideration at a regularly scheduled meeting of the Planning Commission following a one-month period for processing and notification.
D.
An application for combining of lots or minor subdivision shall be valid for a period of 12 months from the last date of appearance before the Planning Commission and shall become null and void if such application is not actively proceeding through the City's approval process, through no fault of the City (for example, but not by limitation, the applicant has not supplied information, appeared at meetings when scheduled, or exhibited other lack of diligence in pursuing his application). The City Planner, upon request and for good cause (§ 170-14E), may grant a maximum of two extensions of six months each from this twelve-month deadline. Each application for extension shall be filed with the City Planner at least 30 calendar days' prior to the expiration date of the preliminary review approval. If after the original 12 months and two six-month extensions such application is not actively proceeding the applicant can request an additional one-year extension by submitting a request to City Council 30 calendar days' before expiration for review and approval by City Council. If an application terminates under the terms of this section, the applicant may recommence the process by submitting a subdivision application and paying the costs and fees required for a new application. Such new application shall be subject to any changes in ordinances, regulations, and procedures since the original application was filed. The Mayor and City Council may waive the requirements of this subsection for good cause shown.
E.
Good cause means a factual and evidentiary showing that circumstances,
beyond the reasonable control of the applicant, prevent an applicant
from meeting a defined deadline. To obtain consideration for extension
the applicant must submit a request for consideration describing the
good cause basis for the request. Good cause shall include but not
be limited to failure to obtain needed required approvals from permitting
agencies, delays in resolving engineering, environmental or development
issues, failure to obtain financial approval, emergency health issue,
or delay in obtaining a required easement or final ownership agreements.
Minor lot line adjustments may be approved administratively,
provided:
A.
No additional lots are created.
B.
The minor lot line adjustment will not result in a parcel that would
be split zoned, i.e., having portions of the lot be in separate zoning
districts.
C.
The resulting lot cannot create a lot that can be further subdivided based on the Table of Dimensional Regulations for the applicable zoning district found in the Municipal Code of the City of Lewes. Chapter 197, Zoning.
D.
The resulting lot complies with requirements of the Municipal Code of the City of Lewes, Chapter 197, Zoning.
F.
All minor lot line adjustments are subject to be reviewed at the
City Manager's or their designees' discretion in order to determine
if the application should be considered an administrative review or
require the need to follow the minor subdivision application process
with the Lewes Planning Commission.
G.
The owner submits a minor subdivision application, required documents
and fee for review and approval by the Municipal Planning Development
Officer.
A.
The Planning Commission shall recommend to the Mayor and City Council
for its consideration and disposition either approval, approval with
conditions, or disapproval of the application for minor subdivision
or combining of lots, with reasons stated. The applicant shall be
given a copy of the Planning Commission's recommendation to the Mayor
and City Council.
B.
The Mayor and City Council shall consider the application within
a reasonable time after receiving the Planning Commission's recommendation.
No public hearing shall be required. The Mayor and City Council will
reach a decision on the minor subdivision or combining of lots, as
follows:
(1)
Approve the application.
(2)
Approve the application with conditions.
(3)
Reject the application. After the application is deemed rejected,
the applicant may recommence the process by submitting a subdivision
application and paying the costs and fees required for a new application.
Such new application shall be subject to any changes in ordinances,
regulations, and procedures since the original application was filed.
C.
Notification, in writing, of action taken by the Mayor and City Council
shall be transmitted promptly to the applicant with copies to the
Planning Commission.
D.
In case of approval of a minor subdivision application or combining
of lots by the Mayor and City Council, the City Manager shall certify
such approval on the proposed plat plan. Four copies of the signed
and approved plan shall be transmitted to the City Manager, two of
which are for recordation and two of which are for retention by the
City Manager for his/her records. The City Manager shall sign the
required certification and affix the City Seal, such certification
to be according to the following:
|
"It hereby is certified that this minor subdivision/combining
of lots site plan was granted approval by the Mayor and City Council
of the City of Lewes, Delaware, on _________(date) _______and accordingly
is eligible for recording in the office of the Recorder of Deeds for
Sussex County, Delaware. City Manager"
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A.
Any approval of a minor subdivision or combining of lots granted
by the Mayor and City Council shall be rendered null and void if construction,
conditions, or contingencies, if any, set by the Mayor and City Council
are not substantially completed, and the certified plat plan is not
recorded, within one year of Council approval. If approval expires
under the terms of this section, the applicant may recommence the
process by submitting a subdivision application and paying the costs
and fees required for a new application. Such new application shall
be subject to any changes in ordinances, regulations, and procedures
since the original application was filed.
B.
The City Planner, upon request and for good cause (§ 170-14E), may grant a maximum of two extensions of six months each from this twelve-month deadline. Each application for extension shall be filed with the City Planner at least 30 calendar days' prior to the expiration date of the minor subdivision approval. If after the original 12 months and two six-month extensions such approval has not been finalized the applicant can request an additional one-year extension by submitting a request to City Council 30 calendar days before expiration for review and approval by City Council.
