A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BUILDING PERMIT AUTHORITY
The Sussex County Department of Building Code or designated representative of the Town based on the current situation.
CERTIFIED COMPREHENSIVE PLAN
A document prepared, adopted, and certified according to the provisions of Title 22, Chapter 7; and Title 29, Chapter 92, Delaware Code.
CONCEPT PLAN
An informal sketch or drawing of a site or subdivision plan of sufficient accuracy to be used for discussion only, and utilizing Table 4-3, Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan; and Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan, as a guide for the information to be included.
CONDITIONS OF APPROVAL
Conditions placed on the final approval of an applicant's plan that are both consistent with the guidelines for development review and do not allow for the denial of a plan that is consistent with the objectives of the guidelines for development review and appropriate uses and intensities of use set forth in this chapter.
MAJOR SUBDIVISION PLAN
A plan for the division of any parcel or parcels of land into more than five parcels or any division of any parcel or parcels of land that requires the construction or extension of public utilities or streets.
MINOR SUBDIVISION PLAN
A plan for the division of any parcel or parcels of land into no more than five parcels, none of which requires the construction or extension of public utilities or streets, containing information as set forth in Table 4-1, Information Required for Single-Family Development, Minor Subdivision and Minor Site Plan.
PRELIMINARY PLAN
A plan of subdivision or land development, including all required data in Table 4-3, Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan; and Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan, as a basis for consideration by the Planning and Zoning Commission and Town Council prior to preparation of major subdivision and major site plans.
RECORD PLAT
A map depicting the layout of a major subdivision, containing information as set forth in Table 4-3, Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan; and Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan, and submitted for final approval.
SINGLE-FAMILY DEVELOPMENT PLAN
A plan for the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of either a single-family detached dwelling on a legal lot or an accessory building to an existing single-family detached dwelling on a legal lot, containing information as set forth in Table 4-1, Information Required for Single-Family Development, Minor Subdivision and Minor Site Plan.
SITE PLAN
A plan for the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure except for a single-family detached dwelling or an accessory building on a lot with a single-family detached dwelling, containing information as set forth in Table 4-1, Information Required for Single-Family Development, Minor Subdivision and Minor Site Plan; or Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan. A "major site plan" is any construction of a new structure larger than 50,000 square feet.
B. 
General procedures.
(1) 
Duties of the Administrator.
(a) 
The Administrator shall establish procedures regarding the number of plan copies necessary for submission and the format of that submission.
(b) 
The Administrator shall refer the plans to the Town Council and Planning and Zoning Commission in accordance with the schedule set forth in Table 4-2, Deadlines and Duration of Single-Family Development, Minor Subdivision and Minor Site Plan; and Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan.
(2) 
Issuance of building permits. As a prerequisite for the issuance of building permits and as proof that the plan in question has complied with all regulations of this chapter, the applicant is responsible for submitting a certificate of zoning compliance to the building permit authority.
(3) 
Final recordation of plats. As a prerequisite for the final recordation of subdivision plats and as proof that the plan in question has complied with all regulations of this chapter, the applicant is responsible for submitting a record plat signed by the President, or designee, to the Recorder of Deeds.
(4) 
Consistency with Comprehensive Plan. If the Town Council finds any development project to be inconsistent with the policies set forth in the municipality's most recently certified Comprehensive Plan, then the Town Council shall provide the applicant with documentation that details the substantive reasons why the project is not in compliance with the Comprehensive Plan and informs the applicant that the project shall not be approved until such time as it is brought into compliance with the municipality's Comprehensive Plan.
C. 
Guidelines for development review: parameters guiding the review and approval of an applicant's development plan by the Planning and Zoning Commission/Town Council. These guidelines generally include the development plan's potential impact on the public health, safety and welfare, and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and, more specifically, the plan's impact on the following objectives:
(1) 
Maximum safety and convenience of vehicular and pedestrian traffic;
(2) 
Provision of adequate access to all sites for fire and police protection;
(3) 
Provision of adequate off-street parking;
(4) 
Site layouts minimizing adverse effect upon adjacent properties;
(5) 
Landscaping of the site in a manner in keeping with the generally prevailing character of the neighborhood;
(6) 
An adequate drainage system and layout.
A. 
Purpose: to ensure that single-family detached dwellings and accessory buildings to single-family detached dwellings comply with the provisions of this chapter prior to the issuance of building permits.
B. 
When required.
(1) 
Prior to the issuance of a building permit for a single-family detached dwelling on legal lot.
(2) 
Prior to the issuance of a building permit for an accessory building on legal lots with existing single-family detached dwellings.
C. 
Required information. See Table 4-1, Information Required for Single-Family Development, Minor Subdivision and Minor Site Plan.
D. 
Application review process.
(1) 
The single-family development plan shall be presented and submitted by the applicant to the Administrator.
(2) 
The Administrator shall review the single-family development plan for compliance with the regulations of this chapter. If a conditional use review is found necessary, then the Administrator shall review the conditional use concurrently during the single-family development review.
(a) 
If the single-family development plan is determined to be in compliance with the regulations of this chapter, then the Administrator shall approve the issuance of a certificate of zoning compliance to the applicant. A copy of this certificate shall be forwarded to the Town Council and the Planning and Zoning Commission for their information and records.
(b) 
The applicant shall be responsible for presenting the certificate of zoning compliance to the building permit authority in order to obtain a building permit.
(c) 
If the single-family development plan is determined to be out of compliance with the regulations of this chapter, then the Administrator shall issue a letter to the applicant detailing those elements of the single-family development plan not in compliance with the regulations of this chapter and issue a copy of said letter to the Town Council and Planning and Zoning Commission.
E. 
Duration, revocation, and extensions. See Table 4-2, Deadlines and Duration of Single-Family Development, Minor Subdivision and Minor Site Plan.
A. 
Purpose.
(1) 
To provide the opportunity for applicants and the Planning and Zoning Commission to review conceptual drawings in advance of a formal subdivision or site plan application.
(2) 
To encourage creativity on the part of the applicants and the Planning and Zoning Commission by reviewing plans early in the design process, before considerable expense on engineered drawings have been incurred by the applicants.
B. 
When required.
(1) 
The concept plan stage is required for major subdivisions and major site plans.
(2) 
The concept plan stage is optional but encouraged for all other types of plan review.
(3) 
The concept plan submission is the first official step of the subdivision process for major subdivisions and major site plans.
(4) 
Concept plan review is to occur prior to the formal submission of all other types of plan review.
(5) 
The applicant may resubmit revised plans for concept plan review as many times as desired in the spirit of working collaboratively with the Planning and Zoning Commission on design changes and creative concepts for development.
C. 
Required information. See Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan.
D. 
Application review process.
(1) 
The concept plan shall be presented and submitted by the applicant to the Administrator.
(2) 
The Administrator shall determine whether a conditional use review is necessary and if the plan is consistent with the most recently certified Comprehensive Plan.
(3) 
If the Administrator finds the proposed plan to be consistent with the policies set forth in the municipality's most recently certified Comprehensive Plan, then the Administrator shall place the concept plan on the Planning and Zoning Commission's next regularly scheduled meeting.
(4) 
The Planning and Zoning Commission may take the following actions:
(a) 
The Commission may make suggestions to the developer that will improve the project and/or bring the project more into compliance with the standards, goals, and intent of this chapter. These suggestions shall be transmitted to the applicant, in writing, after the meeting.
(b) 
The Commission may, by simple majority vote, endorse the concept plan and forward the plan. If a concept plan is endorsed by the Commission, the formal site plan, minor or major subdivision plan must be developed in close conformity with the concept plan. An endorsed concept plan may not be construed to absolve any applicant or particular land development project from otherwise complying with any and all provisions of this chapter. The next step will be to submit a formal application.
(c) 
Optional concept plan submission. The Commission may choose not to make a recommendation or an endorsement of a concept plan. In this case, the applicant does not have standing to present the concept plan to the Town Council. The next step will be to submit a formal application.
(d) 
Mandatory concept plan submission. The Commission, upon receipt of testimony from the applicant, the public and Town Administrator, may choose not to recommend or endorse the concept plan. In this case, the Commission shall submit to the applicant, in writing, the reasons for not endorsing the plan, so the applicant can make the necessary changes to gain favorable recommendation/endorsement of the concept plan. If the concept plan has not been recommended or endorsed by the Planning and Zoning Commission after two additional reviews, the applicant may either continue to work with the Commission or present the concept plan to the Town Council. In either case, the Commission shall, as part of the Town Council public hearing, provide a finding of facts for recommendation or denial of the concept plan in addition to testimony from the applicant, public and Town Administrator. The Town Council may either approve or deny the concept plan. If the concept plan is approved by the Town Council, the preliminary plan must be developed in close conformity with the concept plan. An approved concept plan may not be construed to absolve any applicant or particular land development project from otherwise complying with any and all provisions of this chapter.
(e) 
The Commission may choose to forward the concept plan to the Administrator for review and informal comment. The Administrator's comments are to be considered by the Planning and Zoning Commission when the concept plan is reviewed.
E. 
Duration, revocation, and extensions. See Table 4-3, Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan.
A. 
Purposes.
(1) 
To guide the growth and development of the municipality in accordance with the Comprehensive Plan.
(2) 
To establish design standards and procedures for reviewing site plans.
(3) 
To encourage an orderly layout of land uses.
(4) 
To ensure that public facilities are available and of sufficient capacity to serve proposed developments.
(5) 
To minimize and manage the impact of development on air, water, and other natural resources.
B. 
When required. Prior to the submittal of major site plans or major subdivision plans.
C. 
Required information. See Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan.
D. 
Application review process.
(1) 
The preliminary plan shall be presented and submitted by the applicant to the Planning and Zoning Commission.
(2) 
The Planning and Zoning Commission shall determine whether a conditional use review is necessary and if the plan is consistent with the most recently certified plan.
(3) 
State planning and zoning review. No plan shall be reviewed unless it complies with Title 29, Chapter 92, of the Delaware Code.
(4) 
Referrals to other agencies.
(a) 
The Planning and Zoning Commission may request review and comments on a plan from the municipal Engineer; pertinent state departments such as Natural Resources and Environmental Control, Education, and Transportation; county departments and agencies, particularly private infrastructure providers; adjacent municipalities; and any other appropriate agency or person.
(b) 
Before taking action on a plan, the Planning and Zoning Commission shall allow sufficient time for departments and agencies to respond.
(5) 
The Planning and Zoning Commission shall forward the preliminary plan to the Administrator.
(6) 
The Administrator shall review the plan and issue comments of a professional and technical nature to the Town Council that, at a minimum, address the plan's compliance with all regulations of this chapter and the relevant guidelines for development review.
(7) 
The Planning and Zoning Commission shall review the plan and the Administrator comments in accordance with the guidelines for development review found in § 105-4-1C of this chapter. If a conditional review is necessary, it will be held concurrent with the review of the plan. The Planning and Zoning Commission shall develop recommendations for the Town Council.
(8) 
The Town Council shall review the plan, the Administrator's comments, and Planning and Zoning Commission recommendations in accordance with the guidelines for development review found in § 105-4-1C of this chapter. If a conditional use review is necessary, it will be held concurrent with review of the plan. The Town Council may approve any plan that meets the provisions of this chapter and the guidelines for development review. The Town Council may withhold, postpone, or deny approval of any plan which is not in compliance with the provisions of this chapter and may apply conditions of approval in accordance with the guidelines for development review.
(9) 
The developer is responsible for complying with conditions of approval as a prerequisite to obtaining a certificate of zoning compliance for site plans, or the signature of the President or designee on a major subdivision plan.
(10) 
The Town Council may assign responsibility for compliance with conditions of approval to the Administrator.
(11) 
Action. The Town Council may by a simple majority vote approve the preliminary plan.
(a) 
If a preliminary plan is approved, then the Town Council shall direct the Administrator to issue the applicant an approval letter.
(b) 
If a preliminary plan is approved, then the Town Council shall direct the applicant to the process for final major site plan or major subdivision plat approval as described in § 105-4-6. The approval of a preliminary plan shall not be construed to exempt future developments on the lots in question from review by the regulations set forth by this chapter as a prerequisite for the issuance of building permits.
(c) 
If a preliminary plan is not approved, the Town Council shall issue a letter to the applicant, detailing the substantive reasons for the disapproval of the applicant's plan.
E. 
Duration, revocation, and extensions. See Table 4-2, Deadlines and Duration of Single-Family Development, Minor Subdivision and Minor Site Plan.
A. 
Purposes.
(1) 
To guide the growth and development of the municipality in accordance with the Comprehensive Plan.
(2) 
To establish design standards and procedures for reviewing site plans.
(3) 
To encourage an orderly layout of land uses.
(4) 
To ensure that public facilities are available and of sufficient capacity to serve proposed developments.
(5) 
To minimize and manage the impact of development on air, water, and other natural resources.
B. 
When required.
(1) 
Prior to the issuance of building permits for site plans.
(2) 
Prior to the recordation of minor or major subdivision plats.
C. 
Required information. See Table 4-1, Information Required for Single-Family Development, Minor Subdivision and Minor Site Plan.
D. 
Application review process.
(1) 
The minor subdivision plan or site plan shall be presented and submitted by the applicant to the Administrator.
(2) 
The Administrator shall determine whether a conditional use review is necessary and if the plan is consistent with the most recently certified plan.
(3) 
State planning review. No plan shall be reviewed unless it complies with Title 29, Chapter 92, of the Delaware Code.
(4) 
Referrals to other agencies.
(a) 
The Planning and Zoning Commission may request review and comments on a plan from the municipal Engineer; pertinent state departments such as Natural Resources and Environmental Control, Education, and Transportation; county departments and agencies, particularly private infrastructure providers; adjacent municipalities; and any other appropriate agency or person.
(b) 
Before taking action on a plan, the Administrator shall allow sufficient time for departments and agencies to respond.
(5) 
The Administrator shall review the plan and issue comments of a professional and technical nature to the Planning and Zoning Commission that, at a minimum, address the plan's compliance with all regulations of this chapter and the relevant guidelines for development review.
(6) 
The Administrator shall forward the minor subdivision plan or site plan to the Planning and Zoning Commission.
(7) 
The Planning and Zoning Commission shall review the plan and the Administrator's comments in accordance with the guidelines for development review found in § 105-4-1C of this chapter. If a conditional review is necessary, it will be held concurrent with the review of the plan.
(8) 
The Administrator shall review the Planning and Zoning Commission recommendations in accordance with the guidelines for development review found in § 105-4-1C of this chapter. The Administrator may approve any plan that meets the provisions of this chapter and the guidelines for development review. The Administrator may withhold, postpone, or deny approval of any plan which is not in compliance with the provisions of this chapter and may apply conditions of approval in accordance with the guidelines for development review.
(9) 
The developer is responsible for complying with conditions of approval as a prerequisite to obtaining a certificate of zoning compliance for site plans, or the signature of the President or designee on a minor subdivision plan.
(10) 
Action.
(a) 
If a minor site plan is approved, then the Administrator will issue the applicant an approval letter. It shall then be the responsibility of the applicant to finalize the plan (including any conditions of approval stipulated by the Planning and Zoning Commission). The applicant shall also obtain all necessary permits and approvals from outside agencies, including but not limited to permits and approvals from the Sussex Conservation District, the Delaware Department of Transportation, and the State Fire Marshal.
(b) 
The applicant shall submit the final site plan and all required permits and approvals from outside agencies to the Administrator. Upon finding that the plans, permits, and approvals are complete, the Administrator shall issue a certificate of zoning compliance to the applicant. The applicant shall be responsible for presenting the certificate of zoning compliance to the building permit authority in order to obtain a building permit.
(c) 
If a minor subdivision plan is approved, then the Administrator shall direct the applicant to the process for plat approval as described in § 105-4-5. The approval of a minor subdivision plan shall not be construed to exempt future developments on the lots in question from review by the regulations set forth by this chapter as a prerequisite for the issuance of building permits.
(d) 
If a minor subdivision or minor site plan is not approved, the Administrator shall issue a letter to the applicant detailing the substantive reasons for the disapproval of the applicant's plan.
(11) 
Minor subdivisions must follow the plat process as outlined in § 105-4-7.
E. 
Duration, revocation, and extensions. See Table 4-2, Deadlines and Duration of Single-Family Development, Minor Subdivision and Minor Site Plan.
A. 
Purposes.
(1) 
To guide the growth and development of the municipality in accordance with the Comprehensive Plan.
(2) 
To establish design standards and procedures for reviewing site plans.
(3) 
To encourage an orderly layout of land uses.
(4) 
To ensure that public facilities are available and of sufficient capacity to serve proposed developments.
(5) 
To minimize and manage the impact of development on air, water, and other natural resources.
B. 
When required.
(1) 
Prior to the issuance of building permits for site plans.
(2) 
Prior to the recordation of major subdivision plats.
C. 
Required information. See Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan.
D. 
Application review process.
(1) 
The major subdivision plan or major site plan shall be presented and submitted by the applicant to the Planning and Zoning Commission.
(2) 
The Planning and Zoning Commission shall determine whether a conditional use review is necessary and if the plan is consistent with the most recently certified plan.
(3) 
State planning review. No plan shall be reviewed unless it complies with Title 29, Chapter 92, of the Delaware Code.
(4) 
Referrals to other agencies.
(a) 
The Planning and Zoning Commission may request review and comments on a plan from the municipal Engineer; pertinent state departments such as Natural Resources and Environmental Control, Education, and Transportation; county departments and agencies, particularly private infrastructure providers; adjacent municipalities; and any other appropriate agency or person.
(b) 
Before taking action on a plan, the Planning and Zoning Commission shall allow sufficient time for departments and agencies to respond.
(5) 
The Planning and Zoning Commission shall forward the major subdivision plan or major site plan to the Administrator.
(6) 
The Administrator shall review the plan and issue comments of a professional and technical nature to the Town Council that, at a minimum, address the plan's compliance with all regulations of this chapter and the relevant guidelines for development review.
(7) 
The Planning and Zoning Commission shall review the plan and the Administrator's comments in accordance with the guidelines for development review found in § 105-4-1C of this chapter. If a conditional review is necessary, it will be held concurrent with the review of the plan. The Planning and Zoning Commission shall develop recommendations for the Town Council.
(8) 
The Town Council shall review the plan, the Administrator's comments, and Planning and Zoning Commission recommendations in accordance with the guidelines for development review found in § 105-4-1C of this chapter. If a conditional use review is necessary, it will be held concurrent with review of the plan. The Town Council may approve any plan that meets the provisions of this chapter and the guidelines for development review. The Town Council may withhold, postpone, or deny approval of any plan which is not in compliance with the provisions of this chapter and may apply conditions of approval in accordance with the guidelines for development review.
(9) 
The developer is responsible for complying with conditions of approval as a prerequisite to obtaining a certificate of zoning compliance for site plans, or the signature of the President or designee on a major subdivision plan.
(10) 
The Town Council may assign responsibility for compliance with conditions of approval to the Administrator.
(11) 
Action. The Town Council may by a simple majority vote approve the major subdivision or site plan.
(a) 
If a site plan or subdivision plan is approved, then the Town Council shall direct the Administrator to issue the applicant an approval letter. It shall then be the responsibility of the applicant to finalize the plan (including any conditions of approval stipulated by the Planning and Zoning Commission and/or the Town Council). The applicant shall also obtain all necessary permits and approvals from outside agencies, including but not limited to permits and approvals from the Sussex Conservation District, the Delaware Department of Transportation, and the State Fire Marshal.
(b) 
The applicant shall submit the final site plan and all required permits and approvals from outside agencies to the Administrator. Upon finding that the plans, permits, and approvals are complete, the Administrator shall issue a certificate of zoning compliance to the applicant. The applicant shall be responsible for presenting the certificate of zoning compliance to the building permit authority in order to obtain a building permit.
(c) 
If a major subdivision plan is approved, then the Town Council shall direct the applicant to the process for plat approval as described in § 105-4-5. The approval of a major subdivision plan shall not be construed to exempt future developments on the lots in question from review by the regulations set forth by this chapter as a prerequisite for the issuance of building permits.
(d) 
If a major subdivision or site plan is not approved, the Town Council shall issue a letter to the applicant detailing the substantive reasons for the disapproval of the applicant's plan.
(12) 
Major subdivisions must follow the plat process as outlined in § 105-4-7.
E. 
Duration, revocation, and extensions. See Table 4-3, Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan.
A. 
Requirements.
(1) 
The applicant shall prepare a record plat in accordance with Table 4-4, Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan, and submit the record plat to the Administrator.
(2) 
As a prerequisite to obtaining the President's or designee's signature on a record plat, the applicant is responsible for complying with conditions of approval imposed on the applicant's plan and for receiving letters of no objection and/or required permits and approvals from applicable agencies, including, but not limited to, the Delaware State Fire Marshal, Delaware Department of Transportation, and the Sussex Conservation District.
(3) 
The Administrator shall review the record plat for compliance with the regulations of this chapter.
(a) 
If the record plat is determined to be in compliance with the regulations of this chapter and the applicant has obtained all required outside agency letters, permits and approvals as indicated in § 105-4-7A(2) above, then the Administrator shall issue a letter to the President addressing this compliance and the President or designee shall sign the record plat.
(b) 
If the record plat is determined to be out of compliance with the regulations of this chapter or if all required letters, permits and approvals have not been received or are not complete, then the Administrator shall issue a letter to the applicant detailing those elements of the record plat not in compliance with the regulations of this chapter.
(4) 
The applicant shall be responsible for recording the record plat at the Recorder of Deeds. All deed restrictions, covenants, incorporation documents for homeowners' associations and other legal documents related to the subdivision and/or required by the Town Solicitor shall be recorded with the record plat. No building permits shall be issued until the plat is lawfully recorded.
(5) 
Duration, revocation, and extensions. See Table 4-3, Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan.
A. 
Definition and purpose.
(1) 
Definition: a use that is appropriate in a zoning district at a particular location only when certain criteria are met.
(2) 
Purpose: to provide an additional level of review for these uses in order to determine their appropriateness at their proposed locations.
B. 
Required findings. The Planning and Zoning Commission shall review and make recommendations to the Town Council, who shall determine whether each conditional use:
(1) 
Is in harmony with the purposes and intent of the Comprehensive Plan;
(2) 
Will be in harmony with the general character of its neighborhood considering density, design, bulk, and scale of proposed new structures;
(3) 
Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties;
(4) 
Will not cause objectionable noise, vibrations, fumes, odors, dust, glare, or physical activity;
(5) 
Will have no detrimental effect on vehicular or pedestrian traffic;
(6) 
Will not adversely affect the health, safety, security, or general welfare of residents, visitors, or workers in the area;
(7) 
Will not, in conjunction with existing, proposed, and potential development, overburden existing public services and facilities;
(8) 
Complies with all other applicable standards, laws, and regulations in addition to the provisions of this chapter.
C. 
Action.
(1) 
The Town Council shall properly notice the conditional use hearing as a public hearing.
(2) 
If the required findings of the conditional use are satisfied, then the Town Council may, by a simple majority, vote to approve the conditional use in question with or without reasonable conditions that address the required findings of a conditional use and/or address the health, safety, and general welfare of the community.
(3) 
If the conditional use in question is not approved, then the Town Council shall issue a letter to the applicant, detailing the substantive reasons for the disapproval of the applicant's plan.
(4) 
The conditional use approval shall be tied substantially to the plan presented to the Town Council. Any change in use or alteration of the plan shall require a new conditional use hearing.
A. 
Variances.
(1) 
Definition: relief from the strict application of the provisions of this chapter when, owing to special conditions or exceptional situations, a literal interpretation of this chapter will result in unnecessary hardship or exceptional practical difficulties to the owner of property.
(2) 
The Board of Adjustment is responsible for considering requests for variances.
(3) 
Required findings. The Board may authorize, in specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinances, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.
(4) 
Additional standards.
(a) 
Use variances not authorized. These provisions governing variances shall not be construed to permit the Board of Adjustment, under the guise of a variance, to authorize a use of land not otherwise permitted in this chapter.
(b) 
Nonconforming situations not grounds for variance. Nonconforming uses, lots, structures, or signs shall not be considered grounds for granting variances.
B. 
Administrative review.
(1) 
Purpose. To provide a mechanism for appeals where an error is alleged in any interpretation, order, requirement, decision, or determination made by the Administrator or designee in the administration of this chapter.
(2) 
Procedure. In order for the Board of Adjustment to conduct an administrative review:
(a) 
The Administrator must issue a written interpretation, requirement, decision, or determination. The Administrator's written product must include information about the applicant's/property owner's situation, request, inquiry, etc., and references to pertinent sections of this chapter to support the interpretation, requirement, decision, or determination.
(b) 
The Administrator must make every effort to present the written product to the applicant, including, but not limited to, return receipt mailing.
(c) 
The applicant must, by return receipt mailing or similar verifiable method, file a written request to the Town Council for administrative review within 30 days of receiving written notice of the Administrator's action.
(3) 
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Administrator certifies to the Board of Adjustment that a stay would cause imminent peril to life or property. In such a case, proceedings shall be stayed only by a restraining order granted by the Board of Adjustment or a court having jurisdiction.
C. 
Application and review process.
(1) 
Application filing.
(a) 
Applications for administrative review and variances shall be submitted to the Administrator. The Administrator may provide forms to facilitate application processing.
(b) 
Applications shall be made in writing and shall provide the following information:
[1] 
Information about the owner and applicant;
[2] 
Statement of the type of relief, permission, or review requested;
[3] 
Information about the property for which the application or review is being made;
[4] 
Information to support the application:
[a] 
References to pertinent provisions of this chapter from which relief is being applied; or
[b] 
Identification of the provisions of this chapter with which the application must comply and statements as to how the application complies with those provisions.
[5] 
Plans or drawings that support or clarify the relief or permission requested;
[6] 
Other information requested by the Board of Adjustment.
(2) 
Burden of proof on applicant. An applicant for an administrative review or a variance shall have the burden of presenting the information needed by the Board of Adjustment to make a determination.
(3) 
Board of Adjustment hearing.
(a) 
Scheduling. The Board of Adjustment shall schedule a public hearing on each application, to occur as soon as practicable following the receipt of the application by the Administrator.
(b) 
Public notice.
[1] 
Contents. The public notice shall specify the time, place, and nature of the hearing.
[2] 
How given. At least 15 days prior to the public hearing, the following notices must be in place:
[a] 
Newspaper publication. Legal notice in a newspaper of general circulation at least 15 days prior to a public hearing;
[b] 
Property posting. For an application concerning specific property, a sufficiently large sign shall be posted on the subject property in a visible location;
[c] 
Municipal Hall. Notice shall be posted at a public place in Town.
(c) 
Public hearing.
[1] 
The hearing shall take place no less than 15 days following publication of the legal notice.
[2] 
The Board of Adjustment's hearing shall be conducted and applications shall be acted on as specified on Article III of this chapter.
[3] 
The Board of Adjustment may attach conditions to approvals of applications.
(4) 
Relationship to development plan review.
(a) 
Approval of an application by the Board of Adjustment does not supersede or obviate the need for compliance with any other development plan review standards or requirements.
(b) 
The Board of Adjustment may condition approvals on satisfactory compliance with applicable development review standards.
(5) 
Appeals.
(a) 
Appeals to Superior Court. Appeals of the Board of Adjustment's decisions shall be made to the Superior Court as provided in 22 Del. C. §§ 328 through 332.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Table 4-1. Information Required for Single-Family Development, Minor Subdivision and Minor Site Plan
Information Required for Development Plan Review
Single-Family Development Plan
Minor Subdivision
Minor Site Plan
See Also
Blank = No requirement
G = General information
R = Complete data or information required
PLAT INFORMATION
Name and address of owner and applicant
R
R
R
Subdivision name
R
Article IX, § 105-9-2B
Signature and seal of a registered Delaware land surveyor or professional engineer
R
R
Name, signature, license number, seal, and address of engineer, land surveyor, architect, planner, and/or landscape architect, as applicable, involved in preparation of plat
R
R
Title block denoting type of application, Tax Map sheet, county municipality, block and lot, and street location
R
R
R
A vicinity map at specified scale, showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc., within 500 feet; date of current survey
R
R
Schedule of required and provided zoning district requirements, including lot area, width, depth, yard, setbacks, building coverage, open space, parking, etc.
R
R
R
Article VIII
North arrow and scale
R
R
R
Signature blocks for President and/or pertinent municipal official, pertinent county officials, municipal Engineer
R
R
Certification blocks for surveyor, engineer, architect, including surveyor's or engineer's seal, signature, and certification statement that the final plat, as shown, is a correct representation of the survey as made; that all monuments indicated thereon exist and are correctly shown and that the plat complies with all requirements of this chapter and other applicable laws and regulations
R
R
Locations and descriptions of all permanent survey monuments
R
Article IX, § 105-9-2C
Plan sheets no larger than 24 inches by 36 inches, including a 1/2-inch margin outside of rules border lines or other size acceptable to the Town
R
R
Metes and bounds description showing dimensions, bearings, curve date, length of tangents, radii, arcs, chords, and central angles for all center lines and rights-of-way and center-line curves on streets
R
R
Acreage of tract to nearest tenth of an acre
R
R
R
Date of original and all revisions
R
R
Size and location of existing or proposed structures with all setbacks dimensioned
R
R
R
Article VIII
Proposed lot lines and areas of lots in square feet
R
Article IX, § 105-9-3
Locations and dimensions of existing and proposed streets
R
R
Copy and/or delineation of any existing deed restrictions or covenants
R
R
R
Copies of and a summary of deed restrictions for the subdivision or site plan, including agreements for the operation and maintenance by the property owners or agency in the subdivision of common areas, open space, recreation facilities, surface drainage facilities, erosion and sedimentation control facilities, water supply facilities, sanitary sewer facilities, forested buffer strips, or other improvements deemed necessary by the Town Council
R
R
Owners' certification, acknowledging ownership of the property and agreeing to the subdivision and/or development thereof as shown on the plat and signed by the owner(s)
R
R
R
Existing or proposed easement or land reserved for or dedicated to public use or to the residents of the proposed development
R
R
Development or staging plans
R
List of required regulatory approvals or permits; conditional approval may be granted subject to other regulatory approvals
R
R
R
Variances requested
R
R
R
§ 105-4-9
Conditional uses required
R
R
R
§ 105-4-8
Payment of application fees
R
R
R
SETTING/ENVIRONMENTAL INFORMATION
Property owners and lines of all parcels within 200 feet identified on most recent tax parcel map
R
R
Land used primarily for agricultural purposes, lands in Agricultural Preservation Districts, and lands whose development rights have been sold to preserve them for farming (PDRs)
R
Existing streets, watercourses, floodplains, wetlands or other environmentally sensitive areas on and within 200 feet of site
R
R
Water resource protection areas
R
R
Habitat for rare and endangered species
R
R
Location of all wetlands and supporting documentation
R
R
R
Location of the 100-year floodplain based on current Flood Insurance Rate Map
R
R
R
Existing rights-of-way and/or easements on and within 200 feet of tract
R
Topographical features of the site from the USC&GS map
R
R
Existing and proposed contour intervals based on USC&GS data at one-foot intervals; contours must extend at least 200 feet beyond subject property
R
Boundary, limits, nature and extent of wooded areas, specimen trees, and other significant features
R
R
Existing drainage system of site and of any larger tract or basin of which it is a part
R
Article XII, § 105-12-2
Drainage area map
Article XII, § 105-12-2
Drainage calculations
R
Article XII, § 105-12-2
IMPROVEMENTS AND CONSTRUCTION INFORMATION
Water supply and distribution plan
G
G
G
Article XI, § 105-11-3
Sewage collection and treatment plan
G
G
G
Article XI, § 105-11-4
Soil erosion and sediment control plan
G
G
Article XI, § 105-12-4
Permanent stormwater management plan
R
R
Article XI, § 105-12-3
Detailed landscape plan
R
R
Article XII, § 105-12-6
Site identification signs, traffic control signs, and directional signs
R
R
Article XIII
Vehicular and pedestrian circulation patterns
G
Article X
Parking and loading plan showing spaces, size and type, aisle width, curb cuts, drives, driveways, and all ingress and egress areas and dimensions
R
R
Article XIV
Spot and finished elevations at all property corners; corners of all structures or dwellings, existing or proposed first-floor elevations
R
R
Lots numbered in consecutive numerical order
R
Other information required by the municipality, the county, or other departments and agencies involved in approval of plan
R
R
R
Table 4-2. Deadlines and Duration of Single-Family Development, Minor Subdivision and Minor Site Plan
Item
Single-Family Development Plan
Minor Subdivision
Minor Site Plan
Deadline for submitting plan to Planning and Zoning Commission before next Planning and Zoning Commission meeting
15 days
15 days
Deadline for acting on plan following Town Council meeting
60 days
60 days
Duration of plan approvals beginning at approval or recordation date
1 year
3 years
3 years
Number and duration of extensions permitted, provided that the applicant can demonstrate that delays were beyond his/her control
1 extension of 6 months
1 extension of 6 months
1 extension of 6 months
Table 4-3. Deadlines and Duration of Concept Plan, Preliminary Plan, Major Subdivision Plan and Major Site Plan
Item
Concept Plan
Preliminary Plan
Major Subdivision
Major Site Plan
Record Plat1
Deadline for submitting plan to Planning and Zoning Commission before next Planning and Zoning Commission meeting
15 days
15 days
15 days
15 days
N/A
Deadline for acting on plan following Town Council meeting
30 days
60 days2
60 days2
60 days2
N/A
Duration of plan approvals beginning at approval or recordation date
1 year
3 Years
3 years
3 years
5 years
Number and duration of extensions permitted, provided that the applicant can demonstrate that delays were beyond his/her control
None
1 extension of 6 months
Extension of 6 months
Extension of 6 months
None
Notes:
1
The record plat is submitted directly to the Administrator for approval and does not require approval by the Town Council.
2
90 days if a conditional use hearing is required.
Blank
=
No requirement
G
=
General information
R
=
Complete data or information required
Table 4-4. Information Required for Concept Plan, Preliminary Plan, Major Subdivision and Major Site Plan
Information Required for Development Plan Review
Concept Plan
Preliminary Plan
Major Subdivision
Major Site Plan
Record Plat
See also
Blank = No requirement
G = General information
R = Complete data or information required
PLAT INFORMATION
Name and address of owner and applicant
R
R
R
R
R
Subdivision name, as approved by Sussex County 911 Addressing
G
R
R
R
Article IX, § 105-9-2B
Signature and seal of a registered Delaware land surveyor or professional engineer
R
R
R
Name, signature, license number, seal, and address of engineer, land surveyor, architect, planner, and/or landscape architect, as applicable, involved in preparation of plat
R
R
R
R
Title block denoting type of application, Tax Map sheet, county municipality, block and lot, and street location
R
R
R
R
R
A vicinity map at specified scale showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc. within 500 feet; date of current survey
G
R
R
R
R
Schedule of required and provided zoning district requirements, including lot area, width, depth, yard, setbacks, building coverage, open space, parking, etc.
G
R
R
R
R
Article VIII
North arrow and scale (1" = 100')
R
R
R
R
R
Scale (1" = 50')
R
R
Signature blocks for President and/or pertinent municipal official, pertinent county officials, municipal Engineer
R
R
R
Certification blocks for surveyor, engineer, architect, including surveyor's or engineer's seal, signature, and certification statement that the final plat, as shown, is a correct representation of the survey as made, that all monuments indicated thereon exist and are correctly shown and that the plat complies with all requirements of this chapter and other applicable laws and regulations
R
R
R
Locations and descriptions of all permanent survey monuments
R
Article IX, § 105-9-2C
Plan sheets no larger than 24 inches by 36 inches, including a 1/2 inch margin outside of rules border lines or other size acceptable to county
R
R
R
R
R
Metes and bounds description showing dimensions, bearings, curve date, length of tangents, radii, arcs, chords, and central angles for all center lines and rights-of way and center line curves on streets
R
Acreage of tract to nearest tenth of an acre
G
R
R
R
R
Date of original and all revisions
R
R
R
R
Size and location of existing or proposed residential structures with all setbacks dimensioned
G
R
R
Article VIII
Size and location of existing or proposed commercial structures with all setbacks dimensioned
G
G
R
R
Article VIII
Proposed lot lines and areas of lots in square feet
G
R
R
R
R
Article IX, § 105-9-3
Locations and dimensions of existing and proposed streets
G
R
R
R
R
Copy and/or delineation of any existing deed restrictions or covenants
G
R
R
R
Copies of and a summary of deed restrictions for the new subdivision, including agreements for the operation and maintenance by property owners or agency in the subdivision of common areas, open space, recreation facilities, surface drainage facilities, erosion and sedimentation control facilities, water supply facilities, sanitary sewer facilities, forested buffer strips, or other improvements deemed necessary by the Town Council
R
R
R
Owners' certification, acknowledging ownership of the property and agreeing to the subdivision thereof as shown on the plat and signed by the owner(s)
R
R
R
R
Owners' statement dedicating streets and other public ways for public use
R
Article X
Existing or proposed easement or land reserved for or dedicated to public use or to the residents of the proposed development
G
R
R
R
Development or staging plans
G
R
R
R
List of required regulatory approvals or permits; conditional approval may be granted subject to other regulatory approvals
G
R
R
R
Variances requested
G
R
R
R
R
§ 105-4-9
Conditional uses required
G
R
R
R
R
§ 105-4-8
Payment of application fees
R
R
R
R
SETTING/ENVIRONMENTAL INFORMATION
Property owners and lines of all parcels within 200 feet identified on most recent tax parcel map
G
R
R
R
Land used primarily for agricultural purposes, lands in Agricultural Preservation Districts, and lands whose development rights have been sold to preserve them for farming (PDRs)
G
R
R
R
R
Existing streets, watercourses, floodplains, wetlands or other environmentally sensitive areas on and within 200 feet of site
G
R
R
R
R
Location of all wetlands and supporting documentation
G
R
R
R
R
Location of the 100-year floodplain based on current Flood Insurance Rate Map
G
R
R
R
R
Water resource protection areas
G
R
R
R
R
Article XII, § 105-12-1
Habitat for rare and endangered species
R
R
Existing rights-of-way and/or easements on and within 200 feet of tract
R
R
R
Topographical features of the site from the USC&GS map
G
R
R
R
Existing and proposed contour intervals based on topographic survey, USGS data, or other statewide approved data source; contours at one-foot intervals on site and extending 50'; contours must extend at least 200 feet beyond subject property but may use best available published data from 50' to 200'
G
R
R
Boundary, limits, nature and extent of wooded areas, specimen trees, and other significant features
G
R
R
R
Existing drainage system of site and of any larger tract or basin of which it is a part
G
G
R
R
Article XII, § 105-12-2
IMPROVEMENTS AND CONSTRUCTION INFORMATION
Water supply and distribution plan
G
R
R
Article XI, § 105-11-3
Sewage collection and treatment plan
G
R
R
Article XI, § 105-11-4
Soil erosion and sediment control plan
R
R
Article XII, § 105-12-4
Grading plan
G
R
R
Article XII, § 105-12-4
Permanent stormwater management plan
G
G
G
Article XII, § 105-12-3
Solid waste management plan
Additional utility infrastructure plans, including gas, telephone, electric, cable TV
R
R
R
Article XI, § 105-11-7
Site identification signs, traffic control signs, and directional signs
G
R
R
Article XIII
Vehicular and pedestrian circulation patterns
G
R
R
R
R
Article X
Spot and finished elevations at all property corners, corners of all structures or dwellings, existing or proposed first-floor elevations
R
R
Construction details, such as cross sections and profiles, as required by applicable laws, regulations, and policies
G
R
R
Articles X through XII
Proposed street names, as approved by Sussex County 911 Addressing
R
R
R
R
Article X, § 105-10-1A
New blocks lettered consecutively, lots numbered in consecutive numerical order
R
R
R
Other information required by the municipality, the county, or other departments and agencies involved in approval of plan
G
G
R
R
R
Detailed landscaping plan
G
G
R
R
Article XII
Residential buildings:
Identification of the architectural style(s) of the development and the accompanying site design style(s); the design style of the development shall be conveyed with drawings of typical proposed building elevations, including dimensions of building height and width, and facade treatment; the applicant may submit and the Town Council may approve multiple typical elevations for various housing styles
G1
R1
R1
Article XV
Nonresidential buildings:
Conceptual elevations of all proposed nonresidential buildings; typical elevations of signs and screening including location, material and height; locations of loading and service areas
G1
R1
R1
Article XIII, Article XV
Figure 4-1. Single-Family Development Plan Approval
Figure 4-2. Minor Subdivision Approval
Figure 4-3. Preliminary Plan, Major Subdivision, and Site Plan Approval