The provisions of this article govern the preparation of all development plans, regardless of whether they result in the subdivision of land.
A.
Conformance to applicable rules and regulations. In addition to the requirements established in this chapter, all subdivisions shall comply with the following laws, rules, and regulations. If a subdivision plan does not comply with these laws, rules, and regulations, it may be disapproved and building permits may be withheld:
(1)
All applicable statutory provisions.
(2)
The provisions of this chapter, building and housing codes, and all other applicable laws of the county and state.
(3)
The municipal Comprehensive Plan.
(4)
Standards and regulations adopted by any municipal boards, committees, or commissions.
(5)
Rules, regulations, and standards of applicable county or state agencies.
B.
Subdivision name. Sussex County 911 Addressing shall approve the proposed name of the subdivision.
C.
Reference monuments.
(1)
Permanent reference markers shall be at such locations as approved by a registered land surveyor and represent common surveying practices.
(2)
Monuments shall be located on street right-of-way lines, at street intersections, angle points of curves and block corners. They shall be spaced so as to be within sight of each other, the sight lines being wholly contained within the street lines.
(3)
The external boundaries of a subdivision should be monument in the field. These monuments should be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius and at all angle points in any line.
D.
Character of land. Land which the Town Council finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will be harmful to the safety, health, and general welfare of the current or future inhabitants of and/or its surrounding areas shall not be subdivided or developed unless acceptable methods are determined by the developer and approved by the Town Council upon recommendation of the Administrator to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses that mitigate the characteristics that make the land unsuitable for development.
A.
Block design.
(1)
Spacing. Streets shall be spaced so that blocks meet the dimensional requirements of this chapter and to minimize the number of intersections with existing or proposed state-maintained roads.
(2)
Shape. The lengths, widths, and shapes of blocks shall be appropriate for the character of the municipality, the surrounding neighborhood, and the proposed development.
(3)
Easements. The subdivision plan shall provide for the reservation of easements through a block to accommodate utilities, drainage facilities, or pedestrian traffic.
B.
Lot design.
(1)
General requirement. Lots shall be arranged so that there will be no foreseeable difficulties, because of topography or other conditions, in securing building permits.
(2)
No lot lines shall be platted in any floodplain, wetland, riparian buffer, or designated open space.
(3)
Lot access. Every lot shall abut and have access to a public street.
(4)
Lot dimensions.
(a)
General. Lot dimensions shall comply with the minimum size, width, depth, and other applicable dimensional and density standards of the zone in which they are located.
(b)
Side lot lines. In general, side lot lines shall be at right angles to street lines or radial to curving street lines unless a deviation from this rule will produce a better street or lot plan.
(c)
Corner lots. Corner lots shall have sufficient extra width to permit the building setback from both streets required in this chapter.
(d)
Depth and width. Excessive lot depth in relation to lot width shall be avoided.
(e)
Lot area. The area of all lots shall be the minimum required for the zone in which the subdivision is located.
(f)
Lots used for single-family homes. The size and shape of lots intended for single-family use shall be sufficient to permit the construction of a garage for a single automobile.
(g)
Nonresidential. The depth and width of properties proposed for nonresidential uses shall be sufficient to provide parking, loading, landscaping, and other facilities specified in this chapter, and other applicable requirements.
(h)
Double the minimum area. Where lots are more than double the required minimum area, the municipality may require that these lots be arranged to permit further subdivision and the opening of future streets.
(i)
Drainage.
[1]
Lots shall be laid out so as to provide positive drainage away from all buildings.
[2]
Individual lot drainage shall be coordinated with the general storm drainage pattern for the area in which the subdivision is located.
[3]
Drainage systems shall be designed to avoid concentration of stormwater runoff from adjacent lots on to any single lot.
[4]
Drainage plans must be approved and constructed according to the requirements of the Sussex Conservation District and Delaware stormwater regulations.
[5]
The use of open ditches shall be discouraged. Open ditches should only be used for drainage if no other practical alternative is possible. Best management practices should always be considered.
(6)
Lot frontage.
(a)
Street frontage of any lot shall be as specified in the dimensional and density standards of this chapter,[1] measured along the right-of-way line. Where street frontage is not specified in the dimensional and density standards, it shall be 30 feet.
(b)
Double-frontage and reversed-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation.
A.
Applicability. The requirements of this section shall only be construed to apply to the subdivision of land occurring after the adoption of this chapter.
B.
Required to accommodate public utilities.
(1)
General requirement. Easements shall be provided where necessary to meet public utility requirements.
(2)
Along lot lines. All subdivision lots shall have five-foot-wide easements along all lot lines for a total easement width of at least 10 feet along a lot line common to two lots. Easements of greater width may be required along lot lines or across lots, where necessary.
(3)
Along perimeter boundaries. Easements along perimeter boundaries of the subdivision shall be no less than 10 feet in width on the interior side of the boundary.
C.
Required to accommodate waterways and drainageways. Where a proposed subdivision is traversed by any stream, waterway or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such waterways and drainageways.
D.
Permanent obstructions prohibited. No building, structure or other permanent obstruction shall be placed on any easement.
A.
Approval required prior to start of construction. Plans, profiles and specifications for the required improvements shall be prepared by the subdivider and submitted for approval by the Administrator and by the appropriate public authorities prior to construction.
B.
Required information. The plans and profiles to be submitted for all new construction shall include the following:
(1)
Plans and profiles of each street, showing proposed grades and street intersection elevations;
(2)
A typical cross section of proposed streets showing the width of roadways. Such cross section shall extend laterally to the point where the proposed grade intersects the existing grade, except that in no case shall less than the full width of the street right-of-way be shown;
(3)
Construction and specification plans of proposed sanitary sewers and storm drains shall be approved by the county, the Sussex Conservation District, the Delaware Department of Transportation or Town Engineer where each has jurisdiction;
(4)
Construction and specification plans of the proposed water distribution system, showing pipe sizes and the locations of all valves and fire hydrants, shall be in accordance with the standards of the relevant state and public utility agencies and the State Fire Marshal;
(5)
Plans and specifications for any forested buffer strips, if required.
A.
Inspections, as-built drawings required. All construction work on improvements required herein shall be subject to inspection and approval by the municipal Engineer and/or other authorized individuals during and upon completion of such construction work. Upon the completion of each improvement, the subdivider shall furnish the appropriate official with an accurate and detailed description of location and the completion date of the improvement as it was actually constructed.
B.
Fees for inspections. The Town Council shall establish a schedule of fees to be paid by the subdivider in order to reimburse the municipality for the cost of inspecting all construction work on improvements required herein.
A.
Performance bond or guarantee required. As a condition of approval of improvement plans, the Town Council shall require the subdivider to post a performance bond or other guaranty for any improvements required by the application of this chapter in an amount sufficient to construct the improvements and in a form acceptable to the municipal Attorney. The amount of such bond shall be no less than 125% of the cost of improvements. Bonding and guaranties may be required for street and road improvements, surface drainage facilities, erosion and sedimentation control facilities, water supply facilities, sanitary sewer facilities, forested buffer strips, open space and parks, or other improvements deemed necessary by the municipality.
B.
Additional bonds or guarantees authorized. Where a public agency other than the municipality has the authority to require performance guaranties, but in the determination of the Town Council those guaranties are not adequate to ensure completion of improvements, the Town Council may require additional bonds or guaranties in accordance with the provisions of Subsection A of this section.