This chapter shall be known as the "Town of
Selbyville Land Subdivision Ordinance."
The following definitions shall be applicable
unless the context indicates otherwise. Words used in the singular
include the plural, and words in the plural include the singular;
the word "building" includes the word "structure"; "street" includes
"roads and lands"; and the word "watercourse" includes "drain," "ditch"
and "stream."
APPLICATION FEE, SUBDIVISION
A nonrefundable fee to be paid by an applicant for approval
of a land subdivision plot at the time of submission of a tentative
plot plan.
APPROVAL, PRELIMINARY
That approval by the Planning Commission or Mayor and Council
of the tentative plot plan, after submission to the Planning Commission
of the report of Town Engineer, report of the applicant's engineer
and tentative plot plan and after necessary action by the Planning
Commission. Preliminary approval is a prerequisite as authorization
to proceed with development of the subdivision plot plan and improvement
construction plans for any section to be recorded.
BUILDING SETBACK LINE
A line within a lot or property and the right-of-way line
of the street on which the lot abuts between which the erection of
a building is prohibited.
CERTIFICATE OF COMPLETION
Certification to the developer that all provisions of the
subdivision regulations and other applicable codes of the Town of
Selbyville have been fulfilled as required.
CERTIFICATE OF OCCUPANCY
Certification by the Town of Selbyville that there has been
full compliance by the developer with the subdivision regulations
and all other applicable ordinances of the Town of Selbyville, and
lots and/or dwelling houses, buildings or structures located upon
a lot my be conveyed by the developer and/or occupied by the grantee.
COMPLETION GUARANTY
A bond or deposit of funds or securities in escrow, payable
to the Town of Selbyville in an amount of 125% of required improvements,
as estimated by the Town Engineer in conjunction with any other authorized
representative of the town and conditioned by their satisfactory completion
within the time specified in the construction permit or an approved
extension thereof.
DEVELOPER
An individual, group of individuals or corporation having
intent to subdivide a lot, piece or parcel of land for the purpose
of transfer of ownership or leasehold or building development. In
the case of lots, pieces or parcels of a land not located within the
corporate limits of Selbyville, and when such are to become a part
of the corporate limits of Selbyville, as provided in the statutes
of the State of Delaware, the developer shall be the individual, group
of individuals or corporation designated by the majority of the owners
of the said lots, pieces or parcels of land, as recorded in the office
of the Recorder of Deeds in and for Sussex County.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation for stormwater sewers
or drainage ditches, or required along a natural watercourse for preserving
the channel and providing for the flow of water therein to safeguard
the public against flood damage.
EASEMENT
A grant by a property owner to the city, the public, a corporation
or a person or persons of a right to the use of a strip of land.
ENGINEER OF THE TOWN OF SELBYVILLE
A qualified employee of the Town of Selbyville, so designated
by the Mayor and Council of the Town of Selbyville, or a professional
engineer registered by the Delaware State Board of Registration for
Professional Engineers and Land Surveyors appointed by the Mayor and
Council; also referred to as "Consulting Engineer" or "Town Engineer."
FINAL PLAT
The final map of all or a portion of the subdivision which
is presented to the Mayor and Council for final approval in accordance
with these regulations, and which if approved shall be filed with
the Office of the Recorder of Deeds, in and for Sussex County.
HIGHWAY SPECIFICATION
Specification for highway improvements of the Town of Selbyville
or standard specification of the Highway Department of the State of
Delaware.
IMPROVEMENT
Grading, paving, curbing, streetlights, street signs, fire
hydrants, water mains, sanitary sewers and other street improvements,
including, where specified by the Mayor and Council, sidewalks, crosswalks
and off-street parking paving.
IMPROVEMENT CONSTRUCTION PERMIT
A permit authorizing improvement to be constructed in accordance
with the terms and conditions of approved construction plans and specifications.
LOTS
A parcel of land or assemblage of recorded contiguous parcels
of land, or a parcel or portion of land separated from other parcels
or portions by descriptions as on a subdivision or recorded survey
map or by metes and bounds for the purposes of sale lease, or separate
use; which parcel of portion of land has its principal frontage on
a public street or a private street of record; said private street
must provide access to an accepted public street.
MAJOR SUBDIVISION
All subdivisions not classified as partitionings or minor
subdivisions.
MASTER PLANS
A composite of the mapped and written proposals recommending the physical development of the town once they shall have been duly adopted by the Mayor and Council pursuant to Chapter
7, Title 22, Delaware Code.
MINOR SUBDIVISION
Any subdivision fronting on an existing state, county or
municipal street, not involving any new street or road or the extension
of any town or county facilities or does not directly affect drainage
on a road, and not adversely affecting the development of the remainder
of the parcel or adjoining property.
OFFICIAL MAP
A map adopted pursuant to Chapter
7, Title 22, Delaware Code. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage right-of-way shown thereon.
OWNER
Any individual, firm, association, partnership, syndicate
copartnership, estate, trust, corporation or any other group or combination
acting as a unit, being holder of recorded title to the land sought
to be subdivided commencing and maintaining proceedings to subdivide
the same under this chapter.
PARTITIONING
Any subdivision containing not more than two lots fronting
on an existing state, county or municipal street, not involving any
new street or road or the extension of town or Sussex County facilities
and not adversely affecting the development of the remainder of the
parcel or adjoining property.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Mayor and Council or
other approving body approves a plat, including performance bonds,
escrow agreements, and other similar collateral or surety agreements.
PLAN, AS-BUILT
A plan prepared by a registered engineer showing the actual
location of all streets, curbs, sidewalks, water lines, sewer lines,
laterals, storm sewers and the like.
PLAN, IMPROVEMENT CONSTRUCTION
A plan prepared by a registered engineer showing the construction
details of a proposed improvement in accordance with an approved subdivision
plan.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the Town of Selbyville
as established by the Zoning Ordinance of the Town of Selbyville.
PLAN OF STREETS
The town's plan of streets and alleys, including those which
have been or may be laid out but not opened.
PLAN, SUBDIVISION
A properly certified plan, prepared by a registered land
surveyor, showing lot lines and areas, deed restrictions, easements,
right-of-way lines and other information pertaining to the lots and
the street on which the lots abut in a proposed subdivision for recording
in the office of the Recorder of Deeds in and for Sussex County.
PLAT
The map of a subdivision.
RIGHT-OF-WAY
The dedicated width of street, alley, accessway or crosswalk.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §§
160-4 through
160-7 of this chapter.
STREET
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county or town roadway,
or a street or way shown upon a plat. For the purpose of this chapter,
streets shall be classified as follows:
A.
Arterial streets are those which are used primarily
for fast or heavy traffic.
B.
Collector streets are those which carry traffic
from minor streets to the major system of arterial streets and highways,
including the principal entrance streets of a residential development.
C.
Minor streets are those which are used primarily
for access to the abutting properties.
D.
Marginal access streets are minor streets which
are parallel to and adjacent to arterial streets and highways; and
which provide access to abutting properties and protection from through
traffic.
E.
Alleys or driveways or aisles are minor ways
which are used primarily for vehicular service access to the back
or the side of properties otherwise abutting on a street.
F.
Major thoroughfares are streets or highways
so designated on the Major Thoroughfare Plan of the State of Delaware.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership
or corporation, trust or any other legal entity commencing proceedings
under the chapter to effect a subdivision of land hereunder for himself
or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development; if a new street
is involved, any division of a parcel of land. Subdivision also includes
resubdivision, and where appropriate to the context, relates to the
process of subdividing or to the lands or territory divided.
SURETY GUARANTY BOND
An approved surety guaranty bond (or a deposit of funds or
securities in escrow), the face amount of which bond or escrow account
to be payable to the Town of Selbyville for 125% of the estimated
cost of the proposed construction of improvements.
WETLANDS
A private or state wetland as defined by the Delaware Department
of Natural Resources and Environmental Control regulations and maps
as promulgated pursuant to Chapter 66, Title 7, of the Delaware Code,
as the chapter appears upon the date of the adoption of this chapter.
[Amended 8-5-1996 by Ord. No. 90-1; 11-3-2003]
A. Application for approval of a partitioning or combining,
as defined by this chapter and/or as classified by the Mayor and Council,
shall be made in triplicate on a form supplied by the Mayor and Council,
together with three copies of a map, prepared by and attested by a
licensed surveyor, showing the property to be divided or combined,
and showing the entire frontage, to the Town Clerk of the Town for
acceptance of fees and recording prior to forwarding by the Town Clerk
to the Planning and Zoning Commission.
B. The application shall be accompanied by a fee in the amount specified in Schedule of Fees, §
160-11 of this chapter.
C. When required by the Planning and Zoning Commission,
the applicant shall submit one copy of a map showing his entire property.
D. Application for approval of a partitioning or combining which subdivides land in any business, commercial or industrial zone as defined and designated by Chapter
200, Zoning, shall be referred to the Planning and Zoning Commission for their review and authorization of approval.
E. Partitioning or combining applications which are found to meet all the requirements of this chapter and Chapter
200, Zoning, shall be approved by the Mayor and Council.
F. The Planning and Zoning Commission shall make a report
of all partitioning or combining at each regular meeting of the Mayor
and Council of Selbyville, and a copy of this report shall be sent
to the Town Clerk of the Mayor and Council of the Town of Selbyville.
G. One copy of all partitionings or combinings shall
be kept on file by the Mayor and Council.
H. A print copy of the plat plan of the partitioning
or combining in a form acceptable to the Recorder of Deeds of Sussex
County as approved by the Mayor and Council shall be filed by the
owner with the Office of the Recorder of Deeds, in and for Sussex
County, within 90 days from the date of such approval. If any final
plat is not filed within this period, the approval shall expire and
shall be void. The Mayor and Council for good cause shown may extend
the time for plat filing for a period not to exceed one additional
ninety-day period.
The developer shall observe the following requirements
and principles of the land subdivision in the design of each subdivision
or portion thereof as well as specifications established and incorporated
herein by reference and any additional requirements set by the Planning
and Zoning Commission and the Mayor and Council.
A. General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
town. The town's requirements of streets, drainage, rights-of-way,
storm sewer, school sites, parks, playgrounds and other services shall
be satisfied before approval of the subdivision plat. The streets,
drainage, rights-of-way, storm sewer or sanitary sewer plans shall
be such as to lend themselves to the harmonious development of the
town and enhance the public welfare in accordance with the following
design standards:
(1) The subdivision plat shall take into account proposals
of the adopted Comprehensive Plan as appropriate in the are of proposed
development and should relate to existing and proposed adjoining land
uses.
(2) The subdivision layout shall conform to the provisions of the zoning districts in which it is located and the provisions of Chapter
200, Zoning.
(3) The subdivision layout shall conform with the principles
and standards contained in this chapter.
(4) A tract shall be subdivided so that no remnants or
landlocked spaces without access are created.
(5) Strip development of all types should be limited and
avoided as leading to undesirable consequences relative to future
development of interior parcels and compromise of the traffic integrity
of the roads involved.
(6) Land which is unsuitable for subdivision or development
due to flooding, improper drainage, steep slopes, adverse earth formations
or topography, utility easements or other features which will be reasonably
harmful to the safety, health and general welfare of the present or
future inhabitants of the subdivision and/or its surrounding areas
shall not be subdivided or developed unless adequate methods are formulated
by the developer and approved by the consulting engineer and where
applicable to the rules and regulations of the State Department of
Natural Resources and Environmental Control to solve problems created
by the unsuitable land conditions. Such lands shall be set aside for
uses as shall not involve such a danger.
(7) Cut or fill should be limited to those instances where
it is required to achieve acceptable street grades, parking areas
or building sites or where it will be used to enhance the site, such
as by berms or swales which add visual interest or perform a useful
function, such as screening or drainage.
(8) Subdivision planning should take into consideration
critical areas, waterways, natural topography, vegetation and especially
historic spots, landmarks and social impacts.
(9) It is the intent of the town to stress preservation
of all agricultural lands which are feasible and worthwhile of such
preservation in order to conserve such natural amenities. Where residential
subdivisions are established adjacent to agricultural operations,
the subdivider shall ensure that there shall be no negative effect
on the agricultural operation. A forested buffer strip shall be provided
along the outer perimeter of any portion of a residential subdivision
or development adjacent to agricultural farmland of other ownership.
B. Streets.
(1) The arrangements of streets shall be such as to provide
for the appropriate extension of existing streets.
(2) Minor streets shall be so designed as to discourage
through traffic.
(3) Subdivisions abutting arterial streets shall provide
a marginal service road, or reserve frontage with a buffer strip for
planting, or some other means of separation of through and local traffic
as the Mayor and Council may determine appropriate.
(4) The minimum right-of-way width shall be measured from
lot line to lot line and shall be in accordance with the following
schedule:
(a)
Arterial streets: 80 feet to 120 feet.
(b)
Collector streets: 50 feet.
(d)
Marginal access streets: 40 feet.
(e)
Internal roads, alleys, driveways, aisles and
parking areas in business and industrial developments: 16 feet, and
shall be designed and built to satisfy the requirements of the State
of Delaware and the Town of Selbyville. See also specifications and
profile which are attached hereto and incorporated by reference.
(5) No subdivision showing reserve strips controlling
access to streets shall be approved.
(6) Subdivisions that adjoin or include existing streets
that do not conform to the street width requirements of this chapter
shall dedicate additional width along either one or both sides of
said road.
(7) Grades of arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 7%. No street
shall have a minimum grade of less than 0.5 of 1%.
(8) Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 70º. The block
corners at intersection shall be rounded at the curbline with a curve
having a radius of not less than 20 feet.
(9) Street jogs with center line offsets of less than
125 feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(11)
When connecting street lines deflect from each
other at any point by more than 10º they shall be connected by
a curve with a radius of not less than 100 feet for minor streets
and 300 feet for arterial and collector streets.
(12)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(13)
Dead-end streets (cul-de-sac) of a permanent
nature shall be a minimum of 400 feet and shall provide a turnaround
at the end with a radius of 40 feet.
[Amended 12-3-2018]
(14)
If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way,
to the adjoining properties.
(15)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
(16)
All minor roadways shall be 34 feet between
curbs and paved for the entire width.
(17)
Where deemed desirable to the layout of the
subdivision and adjoining areas, the Mayor and Council may require
the platting and dedication of one or more collector streets, or parts
thereof, to serve the subdivision.
(18)
Minor streets, intended primarily for access
to individual properties, shall be so arranged as to discourage their
use by through traffic.
(19)
Where the subdivision abuts or contains a major
thoroughfare, the Planning and Zoning Commission may require that
measures be taken to reduce the impact of heavy traffic on the residential
lots abutting or fronting upon such highway, and to afford separation
of through and local traffic by one of the following measures:
(a)
By providing vehicular access to such lots by
means of a service drive separated from the major thoroughfare by
a planting strip at least 30 feet in width and connecting therewith
at infrequent intervals.
(b)
By designing reverse frontage lots having access
only from a parallel minor street or from cul-de-sac or loop streets,
and with vehicular access to such lots from the major thoroughfare
prohibited by deed restrictions or other means.
(c)
The choice of the most appropriate method of
accomplishing the desired purpose in a specific instance shall be
made by the Mayor and Council or its staff by giving consideration
to topography and other physical conditions, the character of existing
and contemplated development in the subdivision and its surroundings,
and other pertinent factors.
(20)
Private alleys shall be provided in commercial
and industrial areas, unless adequate access to parking and loading
area is provided by other means. Private alleys may not be permitted
in residential areas, except for the purpose of providing rear access
to townhouse dwellings or where required by topographic or other unusual
conditions exist. In the absence of private alleys, easements will
be required for utility lines or drainage facilities.
(21)
Except as hereafter provided, there shall be
no private streets platted in any subdivision and every subdivided
property shall be served from a publicly dedicated street.
(22)
Upon the completion of construction on 30% or
more of the lots within the proposed subdivision, the street improvements
required herein shall be completed by the subdivider.
(23)
No street referred to herein shall be dedicated
to the Town of Selbyville nor accepted for dedication by the Town
of Selbyville unless the street shall have been constructed to meet
the standards and specifications of the State of Delaware, Department
of Transportation, Division of Highways.
(24)
Each property corner at street intersections
shall be rounded off by an arc, the radius of which shall be not less
than 20 feet. Curbs at street intersections shall be rounded off concentrically
with the property lines. The design of the intersection should provide
clear sight distance for oncoming vehicles, and there should be a
suitable leveling of the street grade within and approaching the intersection.
C. Blocks.
(1) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter
200, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(2) In blocks over 1,000 feet long, pedestrian crosswalks
may be required in location deemed necessary by the Mayor and Council.
Such walkway shall be 10 feet wide and to be straight from street
to street. There shall be installed a four-foot walk paved in accordance
with town specifications. Lots abutting such a walkway shall be treated
as a corner lot.
D. Lots.
(1) Lot dimensions and area shall not be less than the
requirements of the Town of Selbyville Zoning Ordinance.
(2) Insofar as is practical, side lot lines shall be at
right angles to straight streets, and radial to curved streets.
(3) Each lot must front upon a public street at a minimum as established in Chapter
200, Zoning.
(4) Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(5) Where there is a question as to the suitability of
a lot or lots for its intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Planning and Zoning
Commission may, after adequate investigation, withhold approval of
such areas.
(6) Double frontage and reserve frontage lots will not,
in general, be approved, but if necessary, in the judgment of the
Planning and Zoning Commission, shall be required to establish a buffer
zone and/or screen planting.
(7) Lot lines shall follow municipal boundary lines rather
than cross them.
E. Public use and service areas.
(1) In developments, easements along real property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
(2) Where a subdivision is traversed by a watercourse,
drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose in accordance with standards
established by the Mayor and Council and the State of Delaware. A
drainageway channel which lies along a road and in front of lots or
where it is felt that such would be a hazard to health and life by
the Mayor and Council shall be adequately replaced by storm sewer
pipe of a size established by the Consulting Engineer. Setback line
requirements as established by the Zoning Ordinance Schedule along
watercourse, etc., shall be satisfied.
(3) Natural features such as trees, brooks, hill tops
and views shall be preserved whenever possible in designing any subdivision
containing such features.
F. Surface drainage facilities.
(1) All drainage facilities shall be constructed in accordance
with minimum construction standards established by the consulting
engineer or standards adopted by the Delaware Division of Highways
in areas where it has jurisdiction.
(2) Where subdivision and/or development results in increased
quantities of stormwater runoff leaving the area to be developed,
the subdivider shall demonstrate that off-site drainage improvements
are adequate to handle the additional water and that all new or expanded
swales, pipes or other off-site improvements are located in dedicated
easements which permit efficient access for maintenance purposes.
Minimum standards shall be those established by the consulting engineer
or the State Division of Highways where it has jurisdiction.
G. Parking areas. Sufficient parking areas shall be provided.
H. Flood control. Land subject to flooding and land deemed
by the Mayor and Council to be uninhabitable shall not be platted
for residential occupancy, nor for such other uses as may increase
danger to health, life or property, or aggravate the flood hazard;
but such land with the plat shall be set aside for such uses as will
not be endangered by periodic or occasional inundation nor will not
produce unsatisfactorily living conditions; or shall be adequately
drained and filled in accordance with regulations to the satisfaction
of the Town of Selbyville.
I. Erosion and sedimentation control. All subdivision
plans shall include adequate provision for control of temporary flooding
or erosion and sediment control, both during construction and after
completion of construction. No topsoil shall be removed from the site
or used as spoil. Topsoil moved during the course of construction
shall be redistributed so as to provide at least six inches of cover
to all areas of the subdivision and shall be stabilized by seeding
and planting.
J. Water supply facilities.
(1) Every subdivision with lots of such size as to require
a public water supply under the regulations of the State Department
of Natural Resources and Environmental Control or Sussex County shall
be provided with a community water supply and distribution system
and appropriately spaced fire hydrants. The source of which may be
a county, municipal or private water system, in which case the distribution
system for the subdivision shall meet Department of Natural Resources
and Environmental Control, or it may be an independent source of supply
approved by the consulting engineer and the State Department of Natural
Resources and Environmental Control, in which case some acceptable
arrangement shall be made for its ownership and operation. The method
of ownership and operation shall be approved by the Town Attorney
and the consulting engineer.
(2) All subdivisions requiring a public water supply shall
be provided with a water supply and distribution system and fire hydrants
meeting nationally recognized standards which have been adopted by
the consulting engineer.
(a)
Prior to the start of construction of any public
water supply system, the utility or owner shall submit a copy of the
construction drawing and demand calculations to the consulting engineer
in order to assure compliance with all applicable regulations.
(b)
Upon completion of the project, the utility
or owner shall submit a set of as-built drawings to the consulting
engineer for his records to aid in future planning, together with
certification of compliance by a responsible utility officer.
(c)
The town reserves the right to collect appropriate
fees for the engineering design review and for any field inspections
deemed necessary by the consulting engineer.
K. Sanitary sewer facilities.
(1) Every subdivision with lots of such size as to require
a public sewer system under the zoning regulations or the regulations
of the State Department of Natural Resources and Environmental Control
and/or the consulting engineer shall be provided with a community
sanitary sewer system connected to a county or municipal system or
to an adequate community sewerage disposal plant meeting the requirements
of the State Department of Natural Resources and Environmental Control
and the consulting engineer. If connected to the county or municipal
system, sewers shall be constructed to meet the standards and requirements
of such system and shall become a part thereof without cost to the
county or municipality. If built as an independent system, sanitary
sewer facilities shall meet nationally recognized standards which
have been adopted by the consulting engineer.
(a)
For such independent systems, it is requested
that application documents be submitted to the consulting engineer
at the same time as submission to the Department of Natural Resources
and Environmental Control.
(b)
A copy of the Department of Natural Resources
and Environmental Control approved permit and a copy of construction
drawings shall be submitted to the consulting engineer prior to construction.
(c)
Upon completion of the project, the owner shall
submit a set of as-built drawings to the consulting engineer for his
records to aid in future planning, together with a certificate of
compliance by a responsible utility officer and/or professional engineer.
(d)
The town reserves the right to collect appropriate
fees for the engineering design review and for any field inspections
deemed necessary by the consulting engineer.
(e)
In addition, some acceptable arrangement of
ownership and operation shall be made which is acceptable to the town
and the State Department of Natural Resources and Environmental Control.
(2) Where a public sewerage system will not be available,
private on-site means of sewage disposal meeting the requirements
of the State Department of Natural Resources and Environmental Control
shall be provided, and in addition, the State Department of Natural
Resources and Environmental Control or the Mayor and Council may require
the installation and capping of sanitary sewer mains and house connections
if their evaluation shall indicate that public sewer service will
be necessary in the future to protect the public health. Generally,
this requirement will be made when the establishment of a sanitary
sewer district with related services exists or is planned or when
the State Department of Natural Resources and Environmental Control
will only issue temporary holding tank permits.
L. Underground utilities. All utility facilities, including
but not limited to gas, electric power, telephone and CATV cables,
shall be located underground throughout the subdivision and in accord
with the rules and specifications of the State Public Service Commission
laws on utility service in developments. Wherever existing utility
facilities are located aboveground, except where existing on public
roads and rights-of-way, they shall be removed and placed underground.
All utility facilities existing and proposed throughout the subdivision
shall be shown on the preliminary plan. Underground service connections
to the street property line of each platted lot shall be installed
at the subdivider's expense.
M. Street names. All new streets shall be named. Street
names shall be selected as not to duplicate existing names within
the same hundred or postal districts. All new names shall be submitted
to the Mayor and Council for approval. The subdivider shall be responsible
for the placement of all new street name signs. The continuation of
any street shall have the same name.
N. Sidewalks. When provided by subdivider or deemed necessary
by the Mayor and Council. In residential subdivisions sidewalks shall
be five feet in width unless otherwise specified, and in commercial
and industrial subdivisions they shall be from curb to property lines
unless otherwise specified.
O. Streetlights. Streetlights shall be required in all
subdivisions unless specifically exempted by the Mayor and Council.
The installation of streetlights, including number, type and spacing
shall be as specified by the Mayor and Council or its staff.
P. Inspection and completion. All construction work on
improvements required herein shall be subject to inspection and approval
by the appropriate authorized public officials. Upon the completion
of each improvement, the developer shall furnish the Building Inspector
and inspection consultant with an accurate and detailed description
of the location and a completion date of the improvement as it was
actually constructed. No underground installation shall be covered
until inspected and approved.
Q. Inspection consultant. The Mayor and Council may hire
an inspection consultant not associated with the subdivider or improvement
contractors to oversee and certify that improvements meet the standards
set forth in this chapter. The inspection consultant's fee will be
paid by the subdivider in a manner consistent with the standards established
by the Delaware Division of Highways, Sussex County, Delaware. If
the Mayor and Council feel the hiring of an inspection consultant
is unwarranted because of minimal improvements required of a subdivision,
it shall state on the approved final plat plan "No Inspection Consultant
Needed."
R. Plans. Plans, profiles and specifications for the
required improvements shall be prepared by the subdivider and submitted
for approval by the appropriate public authorities prior to construction.
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 consulting engineer
and the State Division of Highways where it has jurisdiction.
(4) Construction and specific 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 county standards.
(5) Plans and specifications for any forested buffer strips,
if required.
These subdivision regulations shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the Town of Selbyville. Any action taken by
the Mayor and Council under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire community.