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] 
Delineations of:
[a] 
All lands to be subdivided or combined.
[b] 
Location of all existing improvements, with setbacks being indicated.
[c] 
Existing and proposed boundary lines.
(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.
E. 
Neither of the subject parcels is associated with a major subdivision as defined in § 170-6, Compliance required, 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.
(4) 
Defer review of the application pending one of the following:
(a) 
Further consideration by the Mayor and City Council.
(b) 
Receipt of certain additional information.
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"
[Amended 8-11-2025 by Ord. No. 12-25]
A. 
Any approval of a minor subdivision or combining of lots granted by the Mayor and City Council shall expire two years after the date of approval of the Mayor and City Council if the plan has not been finalized and recorded in the Sussex County Recorder of Deeds, unless an extension of time is applied for and granted in accordance with this section.
(1) 
The City Planner, upon request and for good cause (§ 170-14E), may grant a maximum of two extensions of one year each. Each application for extension shall be filed with the City Planner at least 30 calendar days' prior to the expiration date of the plan approval.
(2) 
Following the two administrative extensions, the applicant may request a one-year extension from the Mayor and City Council by submitting a written application through the City Planner at least 30 calendar days' prior to expiration. In considering a request for an extension of approval, the Mayor and City Council shall consider, but not be limited to, the following:
(a) 
Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons.
(b) 
Whether the applicant has made substantial progress toward obtaining final approvals.
(3) 
If approval expires under the terms of this section, the applicant may recommence the process by submitting an 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.