City of Lewes, DE Article III Major Subdivision

§ 170-17 Building permits contingent upon compliance.

No permit to erect, alter or repair any building upon land in a major subdivision may be issued, and no building may be erected in a major subdivision, unless and until both a subdivision site plan and an improvement construction plan have been approved pursuant to this chapter.

§ 170-18 Work not to be commenced prior to approval.

No work, grading, excavation, construction, erection or building shall be commenced or done within any major subdivision except in strict accordance with the provisions of this chapter and regulations adopted hereunder and pursuant to any approved subdivision site plan and improvement construction plan, provided that this section shall not prevent the making of geotechnical testing and/or borings, preliminary engineering investigations, and/or engineering surveys.

§ 170-19 Preliminary review.

Preliminary review of a major subdivision proposal is conducted to 1) provide information to the applicant, 2) inform and receive comments from the public, and 3) obtain initial design input from agencies or staff. As part of its review, the City and staff will consider the proposal in terms of 1) issues raised during the review process and 2) effectiveness of addressing the intent of criteria (standards and guidelines) that will be fully evaluated during final plan fully review (Article IV). Preliminary review is not used to determine final plan compliance but provides the opportunity to 1) ensure the applicant is aware of the review criteria, 2) discuss and provide recommendations and input to help refine the preliminary design to better match defined criteria, and 3) provide recommendations for City Council to consider when it reviews the application for preliminary review and ordinance compliance during final plan review.

A. Preapplication. Prior to submitting a major subdivision application an applicant, or their representative, shall contact the City Planner to schedule a preapplication meeting as described in § 170-10, Subdivision preapplication meeting. The City Planner shall provide the applicant with a copy of the major subdivision plan application form, which identifies plan submittal and required plan content. Applicants should also consult with agency representatives including but not limited to the City of Lewes Board of Public Works, Sussex Conservation District, State Department of Natural Resources and Environmental Control, Department of Transportation, State Fire Marshal, or the Army Corp of Engineers where applicable, early in the process to identify key considerations to help coordinate solutions and avoid unnecessary expense or delay.

B. Project concept review. Prospective applicants with projects requiring City approval may request project concept review and discussion by the Planning Commission prior to submitting a preliminary plan for review. The purpose of the conceptual plan review is to obtain initial feedback on a proposal and to help clarify any review issues the applicant may wish to consider in preparation for a formal submittal.

(1) The conceptual plan review will be conducted as part of a regular Planning Commission meeting however the applicant is not required to meet the requirements for a formal application nor submit a full set of plans (applicants can submit a sketch plan and any related material to help the Planning Commission understand the proposal). To schedule a project concept review, contact the City Planner at least 30 calendar days' prior to the date of the Planning Commission meeting to be added to the agenda.

(2) At a public meeting the Planning Commission and the applicant shall review and discuss general conditions and insights related to the proposed project. Following the project concept review and discussion, the Planning Commission will provide nonbinding written comments and suggestions based on its experience, knowledge, and technical assistance. The Planning Commission shall take no action to approve or deny the concept or any details of a proposed development at the project concept review and discussion.

C. Initial application. Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity interested in applying for approval of a major subdivision of land located wholly or partially within the City of Lewes shall submit, in writing, to the City Planner a request to initiate a subdivision review.

(1) Following the preapplication meeting, the subdivider shall prepare and submit a complete application which includes the following:

(a) A completed preliminary plan - major subdivision application form.

(b) A subdivision site plan and applicant's engineer report in an electronic form and hardcopy (quantity determined by City Planner) that complies with specifications described in this chapter and the checklist in "Exhibit A" from the major subdivision application form.

(c) Letter from Board of Public Works. The applicant shall submit a letter from the Board of Public Works indicating whether utilities are existing and available. Such letter shall further identify the status of the capacity of the utility systems for the project and the limitations and notations which the Board of Public Works has placed on the review and approval of plans.

(d) Fees as identified on the major subdivision application form and unspecified costs. In addition to the application fees the applicant shall arrange for a review fee deposit[1] in an amount to be determined by the City of Lewes for the purpose of covering the costs incurred by the Board of Public Works, City of Lewes, and City Engineer, in considering, examining, reviewing and making reports and recommendations concerning the major subdivision application. Additional required materials, studies, or reports may be identified during the review process and shall be prepared at the applicant's expense.

[1] Once the applicant requests Council approval, the City of Lewes shall determine the cost which has been incurred in considering, examining, reviewing, and making reports and recommendations concerning the major subdivision application and shall deduct that cost from the deposit made by the applicant. If the deposit exceeds the cost incurred by the Board of Public Works and the City of Lewes, the remaining amount shall be refunded to the applicant by the City of Lewes without interest. If the deposit is less than the cost incurred by the Board of Public Works and the City of Lewes, the applicant shall pay such deficiency prior to any Council approval being issued by the Mayor and City Council.

(e) Following submittal of a major subdivision application the City Planner shall review the submittal to verify it meets all requirements for a review to proceed. The City Planner shall notify the applicant in writing of any submittal deficiencies or indicate the formal review will commence and provide instructions for public notification and public hearing scheduling in accordance with § 170-9, Notice requirements.

(f) Once the City Planner verifies the application checklist and is in sufficient form for further review, they will:

[1] Notify and provide access to plan application material to the Parks and Recreation Department, the Lewes Board of Public Works and City staff to initiate a formal review. Plan application material will also be posted on the City of Lewes website to provide central access.

[2] Post the property and advise the applicant to proceed with public notice in accordance with § 170-9.

[3] Request that an information session be added to the agenda of an upcoming Planning Commission public meeting.

(g) Following verification that an application has been submitted, updates for preliminary review consideration can only be filed with approval by the City Planner to determine if the updates represent minor alterations or if changes constitute significant revisions (e.g., additional lots included, the circulation network contains new segments or intersections, revisions to storm water management approach, or proposed open space is reduced or relocated) that would require additional staff review prior to the initial review by the Planning Commission. Updates cannot be submitted for review by the Planning Commission within 15 calendar days' prior to a scheduled public hearing to ensure proper processing and allow Commission members and the public to review any plan updates[2] to the event. If the City Planner determines that a plan update constitutes a significant revision requiring a full reevaluation by City staff and partners, they will contact the applicant to discuss rescheduling the public hearing and resubmitting the application, along with additional fees to cover any estimated engineering review required to assess the impacts of the revised plan application.

[2] Updates do not include public comments or hearing presentations as long as these do not contain any plan revisions.

(2) Related approvals. Formal action on a major subdivision application will be contingent on approval or completion of the following pending applications, as applicable:

(a) Zoning district classification. If a major subdivision application involves a request for a change in zoning district classification, formal consideration of the application will not be undertaken until rezoning is determined pursuant to Chapter 197, Zoning.

(b) Parcel classification. If a major subdivision application involves a parcel or lot that requires combining of existing parcels or lots or requires subdivision from a larger parcel or lot, the Planning Commission shall first address such combining or subdivision and, for the purpose of proceeding with review under this chapter, may approve such request subject to the condition that approval of the creation of the newly designated parcel shall not become final until Council approval of the subdivision site plan by the Mayor and City Council.

(c) Annexation. As stipulated in § 170-13 a subdivision application cannot be submitted prior to annexation completion.

(3) Projects to be completed in phases. If the major subdivision application is for a project to be completed in phases, the applicant shall submit both a conceptual plat plan showing the proposed major subdivision in its entirety and a supplemental application for the section or phase within the proposed major subdivision to be developed and recorded. The procedure for considering a supplemental application shall be the same as for an initial application, except that once the conceptual plat plan showing the proposed major subdivision in its entirety is granted provisional approval pursuant to this chapter, and said provisional approval has not expired, review of each subsequent supplemental application for a deferred section or phase shall, upon payment of the application and review fees for the section or phase to be developed, begin with the conferences with the Board of Public Works and City Engineer and shall not require additional conceptual plat plan review.

(4) Expiration of application. An application for major subdivision shall be valid for a period of 12 months from the last date of appearance before City Council 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 the 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 subsection, the applicant may recommence the process by submitting a new initial 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.

(5) Staff report. Reviews from City commissions, the City Engineer, the City Planner, the Board of Public Works, Sussex Conservation District, Fire Marshal, the Historic Lewes Byways Commission, and other partner agencies will be compiled into a Staff Report and made available during the public review process. The staff report will contain at a minimum the following:

(a) A report from the Parks and Recreation Commission, following their review of the plan at a public meeting, providing recommendations on features such as street trees, the effect on existing or proposed open space or adjacent park areas or other natural features, availability or connections for recreation or pedestrian/bicycle access, landscaping designs including buffer/screening or other design recommendations to maintain services, protect natural features and address needs to maintain a sustainable community.

(b) Information from City staff describing the plan submittal application and reviewing it for consistency with the adopted Comprehensive Plan, zoning compliance, consistency with surrounding land uses, design standards or guideline recommendations, evaluation of submitted application material and reports, and other relevant planning issues to assist the City with the review submittal.

(c) Preliminary evaluations or other reports provided by other agencies to the applicant, which shall be submitted to the City as soon as available or at least 15 calendar days' prior to the Planning Commission public hearing, including:

[1] PLUS review letter (when required) along with any related correspondence addressing any review comments or any additional preapplication reviews required pursuant to Delaware Code, Title 29, Chapter 92,[3] or any other legally required review, as part of the initial application.

[3] Editor's Note: See 29 Del.C. § 9201 et seq.

[2] Sussex Conservation District preapplication review report regarding proposed stormwater management concepts. For plans requiring review by DNREC applicants should coordinate with appropriate staff.

[3] DelDOT reviews or deliberations, including the status of any preliminary traffic analysis meetings regarding the proposed project or applications for a letter of no objection to recordation (LONOR), or letter of no contention (LONC)/permit for entrance construction (PEC), when applicable. If traffic impacts are addressed under a separate or preexisting traffic impact study (TIS) and Transportation Improvement District (TID) the applicant shall furnish information regarding those agreements and terms that would apply to the proposed development.

[4] Sussex County Emergency Services review of proposed subdivision and street names to verify they do not duplicate or closely resemble current names. A letter showing the results of the evaluation shall be provided prior to preliminary plan approval by the Mayor and City Council.

[5] Any other agency review or agreements as identified during the preapplication meeting or subsequent discussions with City representatives.

D. Planning Commission preliminary plan review.

(1) Following receipt of a major subdivision application the Planning Commission will hold an information session at a public meeting to include a brief presentation on the proposed application, review of information by staff on the review process, and coordination (scheduling) of a public hearing. Public comment and Planning Commission deliberations on the application will occur at or in conjunction with the scheduled public hearing.

(2) Planning Commission public hearing. A public hearing shall be held following public notice in accordance with § 170-9 to review plan submittal material. The Commission shall receive a report from staff regarding the proposed plan and evaluation reports. The Commission will advise applicants and the public on procedures to present material or provide comment as part of the public hearing process.

(3) The Planning Commission's assessment as part of the preliminary plan review process shall include, but not be limited to, consideration of the following:

(a) The application complies with the provisions of this chapter, regarding a preliminary review application, the proposal addresses policies contained in the Comprehensive Plan, and that the proposed use and development is consistent with Chapter 197, Zoning, and any other applicable provisions of the Municipal Code of the City of Lewes.

(b) The applicant has participated in preliminary reviews when required by State Law and this ordinance for a preliminary plan and provided documentation that describes evaluation findings to the City.

(c) The public has been provided opportunity to review application material, participate in the preliminary review process and submit their comments into the public record.

(d) The proposed preliminary plan will be consistent with criteria used to ensure safety, maximize compatibility (with adopted policies) and minimize impacts to protect the interests of future and current residents. For preliminary plan review the Planning Commission should consider how the proposed development addresses:

[1] The intent statements used in conjunction with the design standards and guidelines contained in Article IV, Improvement Specifications and Design Standards for Major Subdivisions.

[2] Provisions in the zoning ordinance concerning development impacts including but not limited to water pollution/recharge, wetlands encroachment or alterations in flood hazard areas.

The Planning Commission is not charged with verifying compliance to the design standards as part of the preliminary plan review, but rather to provide suggestions to the applicant and City Council on how the standards and guidelines could be applied to achieve the stated intent. As part of its recommendation to City Council, and for consideration by the applicant, the Planning Commission should describe 1) how an application satisfies or conflicts with each intent statement and 2) how specific standards or guidelines should be applied as recommended conditions of approval where applicable.

(4) Planning Commission recommendation.

(a) Upon completion of the public hearing, the Planning Commission as expeditiously as possible shall compile a report with its recommendations on the preliminary plan. Recommendations for approval, approval with conditions or denial should be based upon the assessments used in § 170-19D(3). The Planning Commission report should be forwarded to the Mayor and City Council along with the information on accessing all project related documents and the public hearing record.

(b) If the major subdivision application is for a project to be completed in sections or phases, the Planning Commission's report to the Mayor and City Council shall be divided into two parts:

[1] Recommendations on provisional approval of a conceptual plat plan showing the proposed major subdivision in its entirety; and

[2] Preliminary plan recommendation for the section or phase presently to be considered for approval.

E. Mayor and City Council action.

(1) Upon receiving the Planning Commission's report the Mayor and City Council shall consider the application at a public hearing which shall occur within 60 days of receiving the Planning Commission report. Notice of the time and place of the public hearing shall be provided in accordance with § 170-9, Public notice.

(2) The Mayor and City Council, as expeditiously as possible, but in no event later than 90 days following receipt of the Planning Commission report, will reach a decision on the preliminary review application, as follows:

(a) Approve the preliminary plan application.

(b) Approve the preliminary plan with conditions.

(c) Reject the preliminary plan application. After a preliminary plan 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.

(d) Remand the preliminary plan application to the Planning Commission for further review, along with an explanation of the reason for remanding the application.

(e) Suspend review of the preliminary plan review pending one of the following:

[1] Further consideration by the Mayor and City Council.

[2] Receipt of certain additional information.

(f) In the case of a development or subdivision to be completed in sections or phases, grant or deny provisional approval of the conceptual plat plan showing the proposed major subdivision in its entirety, and grant or reject preliminary plan approval for the section or phase to be developed.

(g) In the case of a development or subdivision to be completed in sections or phases where provisional approval has already been granted by the Mayor and City Council, grant or deny a supplemental application.

(3) Mayor and City Council approval of a preliminary plan review shall be considered "preliminary review approval."

(a) Notice, in writing, of preliminary review approval will be given to the applicant, with copies thereof also provided to the Planning Commission and Board of Public Works.

(b) Preliminary review approval of a major subdivision application shall be valid for 12 months. 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 submittal 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. The preliminary review approval shall be deemed null and void if an extension request is not timely filed and the preliminary approval lapses. If the preliminary review approval is canceled, the applicant shall be required to start the process anew.

(c) If the major subdivision application is for a project to be completed in sections or phases, Mayor and City Council preliminary review approval shall be divided into two parts:

[1] Provisional approval of a conceptual plat plan showing the proposed major subdivision in its entirety; and

[2] Preliminary plan approval for the section or phase presently to be recorded. Applicants seeking approval for a phased development shall be subject to the following additional requirements:

[a] Provisional approval of the entire proposed major subdivision conceptual plat plan shall be a prerequisite of Mayor and City Council action regarding a section or phase to be developed and recorded. Such provisional approval shall not impose an obligation upon the City to approve deferred sections. Each supplemental application for a deferred section or phase shall be considered on its merits based upon the standards and Code requirements existing at the time the applicable supplemental application, including the requisite subdivision site plan and improvement construction plan, has been submitted for review and approval.

[b] All supplemental applications for sections and phases identified in the conceptual plat plan showing the major subdivision in its entirety shall be approved by the Mayor and City Council pursuant to this chapter within three years from the date of provisional approval. In the event the provisional approval shall expire, the Mayor and City Council, in its discretion, may deny further development or may reconsider the unrecorded sections or phases and require such alterations, changes, or modifications, and additional fees as the Mayor and City Council may deem appropriate as a condition for granting an extended provisional approval.

[c] A supplemental application must be presented by the applicant as each deferred section or phase is proposed for approval and recording. The presented supplemental application shall substantially comply with the conceptual plat plan previously granted provisional approval by the Mayor and City Council.

§ 170-20 Final plan approval.

A. Final major subdivision submittal.

(1) Upon receiving preliminary plan approval from the Mayor and City Council, the applicant shall arrange for further conferences with the City Planner, Board of Public Works, City Engineer, and other agencies regarding preparation and submission of a final major subdivision submittal. After the applicant has completed the needed evaluations, incorporated suggested revisions, and prepared their material they shall submit a final major subdivision plan which shall include the following:

(a) A final major subdivision checklist form provided by the City Planner or available online.

(b) A final subdivision site plan showing the nature and extent of all contemplated improvements and lots in an electronic form and hardcopy (quantity determined by City Planner) conforming to the requirements of this chapter and Exhibit B, the final plan checklist.[1]

[1] Editor's Note: Said exhibit is included as an attachment to this chapter.

(c) A set of improvement construction plans describing the improvements to be constructed in an electronic form and hardcopy (quantity determined by City Planner) conforming to the requirements of this chapter and Exhibit B, the final plan checklist.

(d) Report of applicant's engineer.

(e) Estimates of cost, including costs to be borne in whole or in part by the City during construction, if any.

(f) Information required for the preparation of a legal description to the streets and other areas to be dedicated to public use.

(g) For any projects involving an HOA, a draft of the standard HOA regulations that will be used for the proposed community.

(h) Approval verification or completed reports provided by other agencies including but not limited to:

[1] Sussex Conservation District report regarding sedimentation/erosion control and proposed stormwater management plans. For plans requiring review by DNREC, applicants should coordinate with appropriate staff.

[2] DelDOT reviews, deliberations including the status of any preliminary traffic analysis meetings regarding the proposed project or applications for a letter of no objection to recordation (LONOR), or letter of no contention (LONC)/permit for entrance construction (PEC), when applicable. If traffic impacts are addressed under a separate or preexisting traffic impact study (TIS) and Transportation Improvement District (TID) or pending permit applications, the applicant shall furnish information regarding those applications and terms that would apply to the proposed development.

(i) The status of any subdivision application reviews required pursuant to Delaware Code, Title 29, Chapter 92,[2] or any other legally required review, as part of the initial application.

[2] Editor's Note: See 29 Del.C. § 9201 et seq.

(j) Any other agency review or agreements as identified during the preliminary review stage, conferences with City Council or staff reports.

(2) If the subdivision is to be developed and recorded in sections or phases, the foregoing items shall be prepared only for the section or phase presently to be recorded.

B. Final major subdivision review.

(1) Following submission of a final plan the City Planner shall review the submittal to verify it meets all requirements for a review to proceed. The City Planner shall notify the applicant in writing of any submittal deficiencies or indicate the formal review will commence. If the City Planner discovers the final plan submittal significantly differs from the approved preliminary plan, during submittal or subsequent staff review, they will advise the applicant of inconsistencies. If changes cannot be applied to reconcile the inconsistencies the City Planner shall arrange to have the final plan submittal considered by the Mayor and City Council at one of their regular meetings to address the noted inconsistencies with preliminary plan approval terms.

(2) The City Planner shall also notify the City Engineer and any Commission or agency that provided preliminary plan comments, that a final major subdivision plan has been submitted and invite them to provide, at least 15 calendar days' prior a City Council review of the submittal at a public meeting, any follow-up evaluation or comment as part of the upcoming public meeting process.

(3) Second staff report. A second staff report shall be completed by the City Planner and the City Engineer along with any follow-up evaluations provided by commissions or agencies that provided evaluations in the original staff report. The second staff report will contain information from City staff describing the plan submittal, an evaluation of consistency with the approved preliminary plan, compliance with any identified conditions, verification of adjustments of estimates of costs, and consistency with adopted City plans and ordinances. The staff report will also contain information from the City Engineer and Board of Public Works to inform City Council of findings and recommendations regarding the complete major subdivision application, including such comments as the Board of Public Works and City Engineer may deem appropriate.

C. Mayor and City Council action.

(1) The Mayor and City Council may take any of the following actions upon reviewing the major subdivision plan at a public meeting:

(a) Approve the major subdivision plan, subject to the standard conditions outlined in this chapter.

(b) Approve the major subdivision plan, subject to the standard conditions outlined in this chapter and such special conditions as may be imposed or directed.

(c) Approve the major subdivision plan with conditions.

(d) Deny the major subdivision plan. Should the Mayor and City Council deny the major subdivision plan, 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.

(e) Defer review of the major subdivision plan pending one of the following:

[1] Further consideration by the Mayor and City Council.

[2] Receipt of certain additional information.

(f) In the case of a development or subdivision to be completed in sections or phases, grant or deny provisional approval of the preliminary plat plan showing the proposed major subdivision in its entirety, and grant or deny a supplemental application for the section or phase to be developed.

(g) In the case of a development or subdivision to be completed in sections or phases where provisional approval has already been granted by the Mayor and City Council, grant or deny a supplemental application.

(2) Notification, in writing, of approval taken by the Mayor and City Council will be transmitted promptly to the applicant, along with copies of such approval to:

(a) The Planning Commission;

(b) The Board of Public Works; and

(c) The City Engineer by the City Manager.

(3) Should the Mayor and City Council approve a major subdivision application, the City Manager, City Engineer, General Manager of the Board of Public Works, and the Chairperson of the Planning Commission shall certify such approval on the subdivision site plan to be recorded. Two copies of the signed and approved subdivision site plan shall be transmitted to the City Manager to be retained for the City's records. The City Manager, City Engineer, General Manager of the Board of Public Works, and the Chairperson of the Planning Commission shall sign the required certification or certifications, as the case may be, and affix the City Seal. The required certification shall be as follows:

(a) For a subdivision site plan to be recorded and developed in its entirety:

"It hereby is certified that this major subdivision site plan was approved 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."

(b) For a subdivision site plan to be recorded and developed in sections, the following certification shall be included on each of the separate plans:

[1] On a conceptual plat plan for the entire major subdivision granted provisional approval by the Mayor and City Council:

"It hereby is certified that this site plan was granted provisional approval, valid for three years, by the Mayor and City Council of the City of Lewes, Delaware, on _____ (date) _____, subject to timely presentation to the Mayor and City Council of successive sections thereof to be considered for approval. Only such section hereof as may be granted specific approval by the Mayor and City Council, and so certified by the City Manager, shall be eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware."

[2] On a subdivision site plan distinctively showing the section or phase thereof approved by the Mayor and City Council to be recorded and developed:

"It hereby is certified that the section or sections of this subdivision site plan distinctively shown hereon as the part to be recorded was/were granted approval by the Mayor and City Council of the City of Lewes, Delaware, on_____ (date) _____, and, accordingly, the section or sections so shown are eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware."

(4) The developer shall record the certified plan(s), within 90 days after Council approval. Upon recording the plan(s) with Sussex County, an electronic copy, and two paper copies, of the County-recorded and stamped plan(s) (quantity to be determined by the City Planner) shall be submitted to the City of Lewes, Board of Public Works, and City Engineer. Prior to recording the subdivision site plan, now known as the "record plat," the developer shall ensure that the approved record plat to be recorded contains the following certificates:

(a) Certificate of the applicant's engineer, or land surveyor, that the plan represents a survey made by him and that dimensions and geodetic details are correct.

(b) The plan shall bear the following certification, signed by the applicant:

"It is hereby certified that the undersigned are the owner and developers of the land shown on this subdivision site plan and that the streets, lanes, avenues, park areas and other areas hereon shown with the section approved for development are dedicated for the general use of the traveling public and for the use of the abutting property owners. This dedication, unless accepted by the City, shall impose no duty nor obligation upon the City of Lewes respecting the maintenance and improvement of the dedicated streets, lanes, avenues and other areas."

(c) Certification of the Board of Public Works and City Engineer that the plan conforms to the approved subdivision regulations.

(d) Certification of the Chairman or other authorized member of the Planning Commission that the plan has been reviewed by the Planning Commission.

(e) Certification by the City Manager that the plan was approved by the Mayor and City Council on the date shown.

D. Expiration of Council approval.

(1) A major subdivision Council approval granted by the Mayor and City Council shall be rendered null and void if construction is not commenced, and such construction and conditions or contingencies established by the Mayor and City Council are not met, within one year from the date of Council approval.

(2) If a project is developed in sections or phases, the deadline referenced in this section shall apply to the sections or phases which have received Council approval.

(3) The City Planner, upon request and for good cause (§ 170-14E), may grant a maximum of two extensions of six months each from the one year deadline. 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. If after the original 12 months and two six-month extensions construction is not commenced, and such construction and conditions or contingencies established by the Mayor and City Council are not met, the applicant can request an additional one-year extension by submitting a request to City Council 30 calendar days before expiration through the City Planner for review and approval by City Council.

(4) 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.

§ 170-21 Standards of approved major subdivision and development applications.

A major subdivision site development application approved by the Mayor and City Council shall be subject to the following standards:

A. Completion of an improvement construction program in strict accordance with approved plans and specifications complete in every respect. All work started shall be completed within two years or an approved extension thereof by resolution of the Mayor and City Council on recommendations of the City Engineer and Board of Public Works.

B. Insurance.

(1) The developer and any site contractor(s) shall obtain and keep in force until final action liability insurance coverage providing full protection of the City, its officials and employees against all damages or claims for damages occurring directly or indirectly by reason of the improvement construction program with the following minimum coverages:

(a) The limits of liability for the insurance shall provide coverages for not less than the following amounts or greater where required by laws and regulations:

[1] Workers' compensation:

[a] State: statutory.

[b] Applicable federal (e.g., Longshoreman's, Maritime): Statutory.

[c] Employer's liability:

[i] $1,000,000 each accident.

[ii] $1,000,000 disease, each employee.

[iii] $1,000,000 disease, policy limit.

[2] General liability, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of the developer and contractor(s):

[a] General aggregate: $3,000,000.

[b] Products - completed operations aggregate: $3,000,000.

[c] Personal and advertising injury: $1,000,000.

[d] Each occurrence (bodily injury and property damage): $1,000,000.

[e] Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable.

[f] Exclusion(s) for damage to property in developer or contractor care, custody or control to be deleted.

[g] Designated construction project aggregate limit endorsement (ISO Endorsement CG 2503 or its equivalent).

[3] Automobile liability:

[a] Bodily injury:

[i] Each person: $1,000,000.

[ii] Each accident: $1,000,000.

[b] Property damage:

[i] Each accident: $1,000,000.

[c] Combined single limit: $1,000,000.

[4] The contractual liability coverage shall provide coverage for not less than the following amounts:

[a] Bodily injury, each occurrence: $1,000,000.

[b] Property damage, each occurrence: $1,000,000.

[5] Excess or umbrella liability.

[a] General aggregate: $5,000,000.

[b] Each occurrence: $5,000,000.

(2) The named insured shall be the developer, the site contractor, the City, the City Engineer, and the Board of Public Works, Building permits shall not be issued until insurance certificates are provided to both the City and the Board of Public Works. If insurance lapses for any reason, building permits and certificates of occupancy shall not be issued until insurance is in force.

C. Before any work is started or contract awarded, the developer must furnish a performance guarantee sufficient to cover 150% of the estimated cost of the work to be performed pursuant to the subdivision site plan, improvement construction plan or site development plan. The estimated cost of work shall be submitted by the developer for review and approval by the City/BPW Engineer. The performance guarantee shall be in a form acceptable to the Mayor and City Council (including but not limited to a surety bond or letter of credit).

D. The developer must submit any and all impact fees, permits, approvals, and licenses required by federal, state, county or municipal law. Impact fees are collected at time of building permit.

E. Conveyance to third party. The developer shall not transfer or grant possession of any tract, parcel, or lot until the major subdivision project has received Council approval pursuant to this chapter, except that if the major subdivision is to be developed in sections or phases, the developer shall not transfer or grant possession of any tract, parcel or lot until the phase within which the tract, parcel, or lot is located has been granted Council approval pursuant to this chapter.

F. Work, grading, excavation, construction, erection or building shall be commenced or done within the major subdivision only after Council approval, in full compliance with all of the conditions of such approval; and in full compliance with the subdivision regulations, Chapter 70, Building Code, and Chapter 197, Zoning, and all other applicable ordinances of the City of Lewes and the laws of the State of Delaware; and after issuance of all applicable permits which shall be in effect.

G. Costs.

(1) The cost of constructing all grading, curb and gutters, subbase, base, traveling surfaces and sidewalks; all sanitary sewers, manholes, laterals, etc.; all water mains and appurtenances, such as valves, service lines, etc.; all stormwater management system facilities and appurtenances; and all electrical utilities and other utility requirements and appurtenances shall be borne by the developer. If the subdivision is beyond the nearest City streets, City sewer main, City water main, City stormwater management conduits and/or City electric service, the developer shall be required to pay for all of the cost of extending the applicable services to the subdivision and to pay for all the off-site extensions and all downstream utility upgrades necessitated by the development.

(2) All work shall be subject to review, inspection, and approval by the City and Board of Public Works at all times. The developer shall reimburse the City and Board of Public Works, as described below, for the costs of necessary review and inspections, including, but not limited to, the following items: conduct and prepare minutes for preconstruction conferences; obtain executed construction performance bond and insurance certificates; organize and review shop drawings and surveyor cut sheets; schedule, conduct, and prepare minutes for monthly progress meetings; resolve construction-related conflicts and questions; conduct a final inspection; prepare a final punch list; prepare as-built records from the contractor's set of as-built drawings; review final punch list and recommend City and BPW acceptance; provide resident field representation on a daily basis while work is completed; complete inspection at the end of the warranty period; and recommend final approval to the City.

(a) Developer shall deposit with the City and/or the Board of Public Works an amount, as established separately by the City and Board of Public Works, to cover inspections and legal work or other actual costs associated with the development improvements. The deposit will be no less than $50,000 and will be replenished when requested by the City and/or the Board of Public Works, as appropriate, in $25,000 increments when the fund balance reaches $25,000. Developer shall replenish such funds within 30 days' notice from the City and/or the Board of Public Works. Any unused funds shall be returned to developer within 30 days of final acceptance of all development improvements.

H. Sediment and erosion control. The developer shall be responsible for constructing and maintaining sediment and erosion controls as required by the City, Board of Public Works, and the State of Delaware.

I. Failure to complete or maintain site improvements. If the developer fails to properly and promptly install and maintain site improvements in accordance with the improvement construction plan, the City Manager and BPW General Manager may put the developer on notice of the deficiencies. If the developer fails to remedy the deficiencies within the time specified in the City Manager's or BPW General Manager's notice, then the City or BPW may correct the deficiency and draw all costs from the performance guarantee, seek reimbursement from the developer, or pursue another remedy.

J. Right of entry. The developer shall allow the City and Board of Public Works access to all parts of the property undergoing development or involving construction as part of the subdivision, development, subdivision site plan, and improvement construction plan.

§ 170-22 Implementation of approved applications and plans.

A. Administration. Approved applications and plans will be referred to the City Manager for administration and enforcement.

(1) Minor alterations. The City Manager, City Planner, Building Official, Board of Public Works General Manager, BPW Engineer, and the City Engineer shall have authority to approve minor alterations of construction details as field conditions may require. They, however, shall not approve changes to boundaries of streets and other areas to which title has been transferred or for which agreement has been made to transfer to the City and/or Board of Public Works. Minor alterations do not involve an adjustment in the performance guarantee amount or the development construction schedule and are compatible with the design concept of the completed development as a functioning whole as indicated by the approved applications and plans.

(2) Compliance with conditions of approval. Upon receiving notice of approval by the Mayor and City Council of a major subdivision application, the applicant, now referred to as the "developer," shall confer with the City Manager, City Planner, City Engineer, Board of Public Works, and Building Official regarding compliance with conditions of Council approval. The developer shall also confer with these City officials regarding all construction procedures and reports until final action by the Mayor and City Council. A preconstruction meeting will be scheduled by the City Engineer, City Planner, or Building Official, to address these, and other, matters prior to the commencement of construction.

(3) Samples, shop drawings, and surveyor cut sheets. The developer shall provide sample materials, upon request, to the City, BPW, and City Engineer to enable the City to ascertain whether the work is in conformity with this chapter. The developer shall submit shop drawings for all materials to be used, and surveyor cut sheets related to work installation, to the City and BPW Engineer for review and approval. No work shall be performed until the shop drawings and cut sheets are approved by the City and BPW Engineer and returned to the developer.

B. Notice to proceed. The developer shall not commence work until the City issues a notice to proceed confirming that the applicable requirements of this chapter have been met. The City shall not issue a notice to proceed until the City Planner, Building Official or City Engineer has convened a preconstruction meeting or as many meetings as the City Planner, Building Official or City Engineer deems necessary. The developer shall submit a construction schedule to the Building Official, BPW, and the City Engineer prior to the preconstruction meeting. The developer is responsible for updating the schedule on a monthly basis in advance of project progress meetings scheduled by the City Engineer, and for submitting the updated schedule to the City Planner, Building Official and the City Engineer.

C. Notice of commencement of construction. The developer shall provide at least 72 hours' notice to the City Planner, Building Official, BPW, and City and BPW Engineer before commencing, or recommencing, construction to enable the City Planner, Building Official or City Engineer to make adequate provisions for the proper inspection of construction.

D. Work performance. All work shall be in strict accordance with the approved plans and specifications now in effect or hereafter adopted relating to such type of work. All work shall be completed in a good and workmanlike manner. If any work is abandoned, or performed in violation of this chapter, the developer shall promptly act to cause the work to be completed properly.

§ 170-23 Acceptance and occupancy.

A. Conditional acceptance. The developer may request conditional acceptance of facilities by the Board of Public Works and the Mayor and City Council when all utility systems, streets (except for surface course of paving when agreed upon in the development agreement, curb, sidewalks, and transportation improvements have been installed, inspected, tested, and approved by the Board of Public Works and City or, in the case of a subdivision recorded and developed in sections or phases, when all utility systems, streets, curbs, sidewalks, and transportation improvements in the approved section or phase have been installed, inspected, tested, and approved by the Board of Public Works and City, as follows:

(1) At the request of the developer, upon completion of all utility systems, streets (except for surface course of paving if noted in the development agreement) and transportation improvements installation, a conditional acceptance inspection will be performed. The developer's contractor and the City Engineer will determine when the project is ready for an inspection.

(2) The City Engineer will schedule the conditional acceptance inspection and notify the City, BPW, the developer, the developer's contractor, and other appropriate parties.

(3) If all construction is found satisfactory at the inspection, the City Engineer will recommend "conditional acceptance" to the City and Board of Public Works.

(4) If corrections are necessary per the inspection, a punchlist will be compiled by the City Engineer and sent to the developer and the developer's contractor, with copies to the City and Board of Public Works.

(5) Upon completion of the corrections, the City Engineer will verify the acceptability of the corrections and recommend "conditional acceptance" to the City and Board of Public Works.

(6) No sewer/water lateral, or electrical, connections will be permitted by the developer until after conditional acceptance by the City and Board of Public Works.

(7) The developer will be liable for any damage to the City and Board of Public Works infrastructure systems until the project is complete and ready for final inspection and acceptance.

(8) The developer is required to maintain the utility systems, streets, curb, sidewalks, and transportation improvements, and the project 150% performance bond(s) (or letter of credit), until "final acceptance" by the City of Lewes and Board of Public Works.

B. City Council and Board of Public Works review. The Mayor and City Council and Board of Public Works shall review the City Engineer's recommendations to determine whether the requirements of this chapter have been met and conditional acceptance is appropriate.

C. Maintenance. After the Mayor and City Council and Board of Public Works authorize conditional acceptance, the developer shall be responsible for the following until final action and official release of the maintenance bond, including repairs, if necessary, and other reasonable provisions for the convenience and safety of the public and traffic:

(1) Streets and sidewalks, including responsibility for the removal of snow from streets;

(2) Sanitary sewers, sewer lines, manholes, laterals, etc.;

(3) All water mains, lines, and appurtenances, such as valves, service lines, etc.;

(4) All stormwater management system facilities and appurtenances;

(5) All electrical utilities, lines and utility requirements and appurtenances; and all other utilities.

D. Initial building permit. The City Manager shall notify the Building Official when a developer has complied with acceptance requirements and is eligible to obtain an initial building permit for construction within a subdivision.

§ 170-24 Final action and warranty inspection.

A. Request for final action. The developer shall submit a request for final action to the City Manager within 90 days after completion of the improvement construction plan or, in the case of a subdivision recorded and developed in sections and phases, within 90 days after completion of the improvement construction plan for the final section or phase of the major subdivision approved pursuant to this chapter. The developer shall, prior to final action, provide deeds and other documentation conveying fee-simple land to the City of Lewes for all sewers, streets, roads, improvements and other areas dedicated to the City, as well as establishing ownership of such sewers, water, storm drain piping, electric, streets, roads, improvements, and other areas free and clear of all liens, claims, encumbrances, and restrictions.

B. As-built plans.

(1) Upon completion of the improvement construction plan, the developer shall notify the City Manager of its request for conditional acceptance, and shall provide the City, BPW, and City Engineer as-built detailed plans of all utility systems, including any underground systems and lighting requirements, and all other infrastructure (streets, curb and gutter, sidewalks, transportation improvements, stormwater management facilities, trails and pathways, landscaping and berms, etc.), systems as follows:

(a) All as-built plans shall be signed and sealed by a State of Delaware licensed surveyor.

[1] City of Lewes/Board of Public Works GIS-compatible (Autocad 2017 version or earlier) electronic format acceptable to the City, City Engineer, and Board of Public Works. All CAD as-built information is to be in model space.

(b) Two white prints for filing in the office of the City Manager.

(c) Four white prints for filing with the Board of Public Works.

(d) Developer shall provide completed as-built template spreadsheets.

(2) All location and elevation information shall also be furnished in electronic format compatible with the City's and Board of Public Works' Geographic Information System (GIS). The as-built plans shall include the following:

(a) Geographical reference shall be NAD83 (drawn in real world coordinates).

(b) Vertical datum shall be NAVD88.

(c) Plans shall contain a minimum of two control points.

(d) All sewer information is to be green.

(e) All water information is to be blue.

(f) Indicate street names, lot and parcel numbers.

(g) Title as required for the subdivision site plan.

(h) Courses and distances for the legal description of all property lines shown on plan.

(i) Names of adjacent current property owners.

(j) Names, location, width, curb elevation, or roadside drainage channel elevation if curbs do not exist, where each property line intersects the right-of-way line, center line courses, distances and curve data, paving widths and curblines, right-of-way and curbline radii at intersections of all existing plotted and approved streets, alleys, rights-of-way and easements, and open areas, parks and public places or improvements within the land being subdivided.

(k) Location, elevation, material, and size of all monuments with reference to them.

(l) Layout and dimensions of lots with lot area to right-of-way line of streets, first floor elevations of all habitable structures, and sufficient spot elevations showing the disposal of stormwater and surface area.

(m) Location and size of sanitary and storm sewers (CAD layer name shall be SEWER "X" with "X" denoting the pipe size), stormwater management systems (CAD layer name shall be STORM SEWER "X" with "X" denoting the pipe size), including manholes (CAD layer name shall be MH "X" with "X" denoting the size of the manhole), inlets (CAD layer name shall be CB "X x X" with "X x X" denoting the size of the inlet), and house laterals (CAD layer name shall be SEWER LATERALS), top and invert elevations of manholes and inlets, and pump stations (CAD layer name shall be PUMP STATIONS).

[1] Show annotation for the distance of the sewer lines from center of manhole to center of manhole (continuous runs are not acceptable).

[2] Show annotation of slope (%) of the sewer line.

[3] Show flow arrows.

[4] Indicate pipe size and material (10 inches PVC, 18 inches DIP, etc.).

[5] Show annotation of manhole numbers.

[6] Show annotation of manhole rim elevations.

[7] Show annotation of inverts in and out of the sewer pipe connected to the manhole, and storm sewer pipe connected to the manhole and/or inlets.

[8] Show annotation for the location (Station No. along sewer main) of house lateral piping.

[9] Show annotation for the location of sewer cleanouts.

[10] Show annotation of pump station(s) (as designated by the City Engineer.

[11] Show annotation of stormwater pipe outfall locations and details (outlet protection, etc.).

(n) Location and size of water mains (CAD layer name shall be WATER "X" with "X" denoting the pipe size), including service lines (CAD layer name shall be WATER SERVICES), valves (CAD layer name shall be VALVES), fire hydrants (including blow-offs and/or yard hydrants as necessary) (CAD layer name shall be HYDRANTS), and appurtenances.

[1] Indicate pipe size and material (eight-inch PVC, 10-inch DIP, etc.).

[2] Show annotation of water main valve locations (station number along street).

[3] Show annotation of fire hydrant (including valve) locations (station number along street).

[4] Show annotation for the location (station number along street) of house service lines.

[5] Show annotation for the location of water service line curb stops and water meters.

(o) Location, materials, and appurtenances of electric utility (CAD layer name shall be ELECTRIC).

[1] Show annotation for the location of electrical lines, boxes, pedestals, services, and lighting.

(p) Location of natural gas lines (CAD layer name shall be NATURAL GAS).

(q) Other underground cable or other utility (CAD layer name shall be OTHER UTILITIES).

(r) All other information required under the plan requirements of this chapter.

C. The developer shall confirm with the City and BPW that all escrow accounts shall be up-to-date prior to the final inspection.

D. The developer shall provide evidence that improvements are free and clear of liens, claims, encumbrances, and restrictions.

E. Upon receiving the developer's request for final action, the City Manager shall arrange with the City Solicitor the preparation of all appropriate resolutions, ordinances, deeds of easement, bills of sale, and any other documents necessary for final action, including the following:

(1) Documents, other than deeds conveying fee-simple land, to transfer streets, open areas, site utilities, and other areas dedicated to public use within the major subdivision.

(2) Documents authorizing and directing the incorporation of the streets and open areas on the Official City Map.

F. Upon completion and submittal of all required documents, a final inspection will be scheduled by the City Engineer. The City Engineer, City, BPW and the developer will inspect the project along with applicable contractors and other appropriate parties.

(1) If all construction is satisfactory, the City Engineer will recommend final acceptance by the City and BPW.

(2) If corrections are needed, a punchlist will be compiled by the City Engineer and sent to the developer with copies to the City and BPW.

(3) Upon completion of the corrections, the City Engineer will verify the acceptability of the corrections and recommend "final acceptance" by the City and BPW.

G. Mayor and City Council action. Upon receiving certification from the City Engineer that site improvements have been inspected and approved as complete, and certification from the City Solicitor that all documents necessary for the transfer of the streets, open areas, and site utilities are complete, the Mayor and City Council shall consider taking final action by a resolution authorizing the following:

(1) Accepting all site utilities, streets, and open areas in accordance with the improvement construction plan.

(2) Releasing the developer's project performance 150% bond or letter of credit.

H. Recording documents. After the Mayor and City Council authorizes final action, the City Manager shall arrange with the City Solicitor to record in the office of the Recorder of Deeds in and for Sussex County documents necessary for the transfer of the streets, open areas, and site utilities to the City. The City may bill the developer for the costs necessary to record these documents.

I. Developer guarantees.

(1) Maintenance bonds and guarantees:

(a) Ten percent of construction costs for the Lewes BPW improvements. Effective upon final action for a period of one year.

(b) Ten percent of construction costs for the City improvements. Effective upon final action for a period of one year.

(c) Full value of the replacement cost of the surface course of paving. Effective upon final action for a period of three years.

J. Warranty inspection:

(1) Prior to the end of the one-year guarantee period, a warranty inspection will be scheduled by the City Engineer. The City Engineer, the City, BPW and the developer will inspect the project along with applicable contractors and other appropriate parties.

(2) If all construction is satisfactory, the City Engineer will recommend release of maintenance bonds by the City and Lewes BPW.

(3) If corrections are needed, a punchlist will be compiled by the City Engineer and sent to the developer with copies to the City and BPW.

(4) Upon completion of the corrections, the City Engineer will verify the acceptability of the corrections and recommend release of the maintenance bonds by the City and BPW.