[Amended 7-13-2005 by Ord. No. 2005-6]
The Director of Planning and Zoning shall establish
appropriate procedures, checklists and application forms to ensure
the timely and proper review and processing of subdivision plans.
The Director shall establish the number and acceptable format for
the various types of plans submitted for review under this article.
There are three phases for the review of a subdivision plan: 1. The
requirements of the concept stage are noted in Subsection A below;
2. The requirements of the preliminary stage are noted in Subsection
B below; 3. The requirements of the final stage are noted in Subsection
C below.
A.
Applicant's initial procedure; concept plan review;
purpose: The purpose of the concept stage is to provide the Planning
Commission with the opportunity to informally review a development
proposal prior to the substantial commitment of time and expense on
the part of the applicant in preparing a site plan.
(1)
Concept plan submittal. The applicant shall submit to the Department of Planning and Zoning a concept plan and an application for review. The steps in the concept plan review are noted in Subsections A(1)(a) through (d) below.
(a)
Within 30 days of receiving the application and concept plan submittal per Subsection A of this section, the Department of Planning and Zoning shall review it for completeness.
(b)
The Director of Planning and Zoning shall refer
the concept plan to the appropriate individuals or agencies for review,
comment and/or approval prior to submitting it to the Planning Commission.
(c)
The applicant shall attend a meeting with the
Department of Planning and Zoning. The purpose of the meeting shall
be to provide the Town with an opportunity to address issues or concerns
with the concept plan, identify any impact studies that may be required
and provide direction to the applicant on the scope of such studies.
(d)
Following the meeting describe in Subsection A(1) above, the Planning Commission shall hold one meeting on the concept plan to receive an informational briefing on the plan and anticipated issues and impacts related thereto. The Planning Commission shall take no action to approve or deny a concept plan. Should the Planning Commission determine that the development project represented by the concept plan would have substantial a impact on the physical, economic or social environment, the Planning Commission may hold more than one meeting on the concept plan.
(2)
Notice of meeting. For all concept subdivisions plans
submitted for review under this section, the Director of Planning
and Zoning shall:
(a)
Submit written notice to the applicant by first
class mail, such to be postmarked at least seven days before the day
of the Planning Commission meeting to discuss the concept plan.
(b)
Submit written notice to all owners of property
adjoining and immediately across the street from the subject property.
Such written notice shall state the date, time, place and subject
matter of the meeting to discuss the concept plan, and the name of
the applicant. Such notice shall be sent by first class mail and postmarked
not less than seven days before the day of the meeting.
(c)
The Planning Commission may provide for expanded
public notification of its deliberations of subdivision plans at its
discretion.
(3)
Purpose of Planning Commission meeting. At its meeting
on the concept plan, the Planning Commission shall:
(a)
Evaluate applicant's submission, presentation,
its discussion with the applicant and comments and reports from the
town staff.
(b)
Review the concept plan with regard to the following:
[1]
General suitability of the site for the type,
size and location of development proposed.
[2]
General suitability of the design with regard
to topography, drainage, soils, natural features and surrounding land
use, recreational lands and streets.
[3]
General compatibility with the Zoning Ordinance
and Comprehensive Plan.
[4]
General adequacy of public facilities and services
impacted by the proposed subdivision.
[5]
Road and sidewalk configuration and circulation.
[6]
Method and suitability of access.
[7]
Type of water and sewerage service and stormwater
management practices.
[8]
Land planning techniques.
[9]
Required studies.
(4)
Contents of concept submittal. The concept plan package
shall meet the requirements as to content and organization as may
be established by the Director of Planning and Zoning and at minimum
shall include the following:
(a)
Project concept plan: a scaled drawing showing
the proposed arrangement of lots and rights-of-way on a survey of
the project boundaries. It shall show the project layout, proposed
and existing land uses, open spaces, circulation routes and points
of access to the adjacent street network and main design features.
If phasing is proposed, a master plan for entire project shall be
shown. Drawings shall be 24 inches by 36 inches. Scale will be no
less detailed than 1 inch equal to 100 feet. The plan shall show adjacent
streets and adjacent property owners. A vicinity map at a scale of
no less detailed than 1 inch equal to 1,000 feet shall be included
which shows the location with respect to neighborhood streets.
(b)
Project area schematic: a scaled drawing or
GIS aerial photograph showing the main features of the project in
relationship within the neighborhood. Included in the drawing shall
be existing infrastructure within at least 1,000 feet, including streets,
intersections, water, sanitary sewer and storm drains. Scale shall
be no less detailed than one inch equal to 400 feet. Drawings shall
be no larger than 24 inches by 36 inches
(c)
Site investigation report. The intent of the
site investigation report is to provide readily available information
in a brief narrative format to assist the applicant and the Town in
their initial evaluation of the proposed development. A report providing
information and data on the physical and environmental characteristics
of the site, the proposed number of lots, uses and utility demands,
anticipated impacts of the proposed development on neighboring properties,
area infrastructure and services, recreational resources and other
public facilities, compliance with Georgetown Comprehensive Plan and
the proposed architectural and design character. The site investigation
report shall follow the format established by the Director of Planning
and Zoning, as may be amended from time to time, and shall address
the following:
[1]
Site data summary chart: Tax Map and parcel
number, Planning Commission case numbers and prior approvals, Board
of Adjustments case number and prior approvals, zoning classification,
proposed zoning, allowable density, proposed density, total site area,
flood zone, wetlands (state and federal), number of proposed lots,
number of proposed units and types, availability of utilities, zoning
setback requirements, zoning lot size requirements, maximum building
height allowed by zoning, open space required and proposed, and use
of open space. Provide breakdown for each phase or land use as appropriate.
[2]
Land use overview: provide narrative of existing
site conditions and provide legible copy of Sussex County soil map
with outline of property sketched on it. Describe existing context
and highlight any issues regarding marginal siting conditions, including
topography, hydric soils, existing drainage patterns, standing water,
culverts, ditches, wetlands or sensitive areas.
[3]
Georgetown Land Use Plan and Design Standards
compliance: provide narrative of designated land use and how project
will be consistent with the Land Use Plan and building and design
standards as appropriate.
[4]
Traffic access overview: provide narrative of
existing roads, lanes, width, material, condition, curb, sidewalk
and off-site improvements needed to accommodate the project. If project
is known to require a DelDOT traffic study, provide summary information
and study schedule.
[5]
Utility demands and services overview: provide
narrative of sanitary sewer, public water, gas, electric, cable and
describe any off-site improvements needed. If privately owned and
maintained facilities or open spaces are proposed, provide sample
covenants clause and describe management structure.
[6]
Stormwater management overview: provide narrative
of types of conveyance and management and a summary of any off-site
improvements needed.
[7]
Construction phasing overview: provide narrative
of time of construction and estimate the number of anticipated building
permits per year.
[8]
Economic impact: provide narrative of anticipated
construction cost of infrastructure and buildings, fees and dedications.
Discuss estimated building permit fees, transfer fees, impact fees,
tax revenues, employment opportunities and tax assessments.
[9]
Architectural theme: provide illustrations and/or
narrative of overall design concepts.
[10]
Provide narrative of recreational needs and
opportunities.
[11]
Attach ability to serve letters: provide letters
from utility providers other than Town of Georgetown (power, gas,
communications, emergency, fire and ambulance).
[12]
Provide copy of letter of notification to local
school board for residential developments.
(5)
Optional site inspection. Following the applicant's
concept plan submittal and before the Planning Commission meeting,
the Planning Commission may inspect the site of the proposed development.
(a)
Applicants, their site designers and the landowner
are encouraged to accompany the Planning Commission.
(b)
The purpose of the site inspection is to familiarize
the Planning Commission with the property's existing conditions and
special features, to identify area-wide and site design issues and
to provide an informal opportunity to view neighborhood conditions,
potential layout of streets, stormwater management facilities, open
spaces, buildings and other items that may assist in the evaluation
of a submitted concept plan.
(c)
Comments made by the Planning Commission or
Town staff or consultants shall be interpreted as being only suggestive
at the site inspection. No formal recommendations or official decisions
shall be made at the site inspection.
(d)
Site inspections shall adhere, to the extent
possible, with standard notice requirements for Planning Commission
meetings.
B.
Submission of preliminary subdivision plan. After
completing the concept stage, the applicant shall submit an application
for preliminary plan for review.
(1)
Purpose. The purpose of the preliminary subdivision
review stage is to provide a basis for the Planning Commission to
grant conditional approval of a proposed subdivision in order to minimize
changes and revisions, which might otherwise be necessary on the final
subdivision plan.
(2)
Submittal requirements. Preliminary subdivision plans shall meet the submittal requirements of § 194-32A, B, and C and Subsections B(3) and (4) of this section. They shall be submitted to the Director of Planning and Zoning. The Director shall check the plans for compliance with § 194-32.
(a)
If submission is incomplete, the Director of
Planning and Zoning shall notify the applicant, in writing, indicating
the deficiencies within 30 days of receiving the application.
(b)
If submission is complete, the Director shall
accept the concept plan and application for review and submittal to
the Planning Commission.
(3)
Report of applicant's engineer. The submittal shall
also include a report from the applicant's engineer. It shall include:
(a)
Suitability of land for subdivision development.
(b)
Flood level.
(c)
Total area within boundaries.
(d)
Total area in lots, number of lots, average
lot size.
(e)
Total area in streets, roads, etc.
(f)
Total area in open spaces provided for public
use, parks, playgrounds and recreational areas.
(g)
Total number of lots and their approximate dimensions,
clearly indicating on the plot that part which it is desired to record
and showing in a distinctive manner, such as light dotted lines, the
ultimate future plans as proposed.
(4)
PLUS comments, if applicable. At or prior to submitting
a preliminary subdivision plan, the applicant shall provide the Department
of Planning and Zoning with the written comments from the Delaware
Office of State Planning Coordination Preliminary Land Use Service
(PLUS), if applicable. Provide copy of itemized letter to Office of
State Planning addressing all PLUS comments.
(5)
Planning Commission's examination. The Planning Commission
shall examine the proposed subdivision with respect to the arrangement
of lots, rights-of-way, traffic and vehicular/pedestrian circulation
patterns and safety (internal and external), utilities, drainage,
community facilities (existing or proposed), surrounding development
(existing or future), the preservation of trees and historic sites,
protection of natural environmental features and processes, provision
for open space, streetlighting, recreational needs, safety of residents
and neighbors, landscaping, architecture, compatibility with Town
of Georgetown building site and design standards, compatibility with
the design standards of this chapter and as set forth in the Town
of Georgetown Design and Construction Standards and, in general, with
the objective of ensuring a durable, harmonious and appropriate use
of land.
(6)
Planning Commission action. The Planning Commission
shall take action to approve, approve with conditions, disapprove
or table pending further investigation and/or the receipt of certain
additional information. The Planning Commission shall take no action
until the following has occurred:
(a)
The Department of Planning and Zoning has accepted
as complete the subdivision plan and the report of the applicant's
engineer.
(b)
The Director of Planning and Zoning has submitted
findings in writing to the Planning Commission.
(d)
The applicant has submitted any impact studies
that may be required and has obtained approval from the Director of
Planning and Zoning, Town Engineer or other appropriate town official.
(e)
Comments from appropriate agencies and individuals
have been requested and sufficient time has been provided for such
agencies and individuals to provide comments.
(7)
Action within three meetings. Where a quorum is present,
the Planning Commission shall take action within three regularly scheduled
meetings following acceptance of the application. The Planning Commission
shall furnish a written statement to the applicant and Town Council
indicating the action taken.
(8)
Action by Town Council. Following a decision on the
application by the Planning Commission, the application shall be forwarded
to the Town Council for certification of the Planning Commission's
action. At its discretion, the Town Council may hold an additional
public hearing on the application. The Town Council shall take action
to approve, approve with conditions, disapprove, revert back to the
Planning Commission with reason or table pending further investigation
and/or the receipt of certain additional information.
(9)
Preliminary approval is not final approval. Approval
of the preliminary subdivision plan shall constitute conditional approval
as to character and intensity, but shall not constitute approval of
the final plan or authorize sale of lots or construction of buildings.
(10)
Plan compliance. The preliminary subdivision
plan and all information and procedures relating thereto shall in
all respects comply with these regulations, except where variations
therefrom have been specifically authorized in writing by the Planning
Commission and the Town Council.
(11)
Zoning district classification. If an application
involves a request for a change in zoning district classification,
the Planning Commission may not undertake, until rezoning is determined,
formal consideration of the preliminary subdivision plan.
C.
Submission of final plan and application. The purpose
of final approval is to confirm and certify that all conditions of
preliminary approval have been met, to prepare and/or execute all
necessary agreements and to otherwise finalize the subdivision plan
and related engineering drawings for official recordation and development.
Final subdivision approval is an administrative action with the exception
that the Town Council shall confirm the certification of the Director
of Planning and Zoning and approve the subdivision and or public works
agreement.
(1)
After the Town Council's approval of a preliminary
subdivision plan, the applicant shall prepare and the Town shall review
a final subdivision plan meeting the submittal requirements of Section
1G — 1.26 of the Town of Georgetown Design and Construction
Standards.
(2)
In addition to meeting the technical requirements
of the Town of Georgetown Design and Construction Standards, the final
subdivision submittal shall include:
(a)
A drawing intended for record, incorporating
those changes or additions required by the Town Council in its approval
of the preliminary subdivision plan.
(c)
Reports of the applicant's engineer and estimates
of costs.
(d)
Any required impact studies.
(e)
Information required for the preparation of
a legal description to the streets and other areas to be dedicated
to public use.
(f)
If any applicant is a partnership, the name
and address of each individual composing the partnership, including
all limited partners.
(g)
If any applicant is a corporation, the name
and address of each stockholder owning more then 10% of the stock
of the corporation, the name and address of each office holder and
the name and address of each member of the board of directors or other
governing body.
(3)
Conference with Town officials. Upon request, the
applicant shall meet with the Town Manager, Director of Planning and
Zoning and Town Engineer regarding the applicant's preparation of:
(4)
From the Town Engineer. Per § 194-42, the Town Engineer shall submit to the Director of Planning and Zoning a report to inform the Director of findings and recommendations regarding the complete subdivision application and the improvement construction plans, including such comments as he/she may deem appropriate.
(5)
From the Director of Planning and Zoning. The Director
shall certify that the complete subdivision application and related
plans comply with all requirements of the subdivision regulations.
Deviations, if any, from subdivision regulations shall be noted and
qualified. If specified conditions or stipulations of the preliminary
approval are not met in revised plans, the Director of Planning and
Zoning shall return the subdivision plan to the applicant.
(6)
Applicant responsible for costs. In addition to other costs to be borne by the applicant pursuant to this chapter, the applicant shall be responsible for all costs associated with the review of the items in Subsection C (3) (a), (b), (c) and (d) by the Town.
(7)
Director to submit plans to Town Council. The Director
of Planning and Zoning shall submit the completed final subdivision
plan application to the Town Council upon certifying that each of
following steps is completed:
(a)
All review and approvals have been completed
and documentation of such approvals provided.
(b)
Improvement construction plans have been submitted
to the Town and approved by the Town Engineer,
(c)
A subdivision and/or public works agreement
has been prepared and is pending consideration by the Town Council.
Said agreement shall be executed and acknowledged by the applicant
and all persons having any interest in the title to the subdivision
and shall, by its terms, constitute a covenant running with the land
and be binding upon the persons signing the agreement and their successors
and assigns.
(8)
Town Council action. The Town Council shall approve,
approve with conditions, deny or table the subdivision and/or public
works agreement. Upon approval of the subdivision and/or public works
agreement, the Town Council shall review the submission by the Director
of Planning and Zoning and confirm the Director's certification.
(9)
Written notification of action. The Director of Planning
and Zoning shall promptly notify, in writing, the applicant of the
action taken by the Town Council, with copies to the Town Engineer
and the Town Manager.
(10)
Plan to designate part to be recorded. The final
approved subdivision plan shall show distinctly the part to be recorded,
certified by the applicant, the applicant's engineer, the Town Engineer
and the Director of Planning and Zoning.
(a)
The required wording for certification of the
applicant, the applicant's engineer, and the Town Engineer is noted
in Section 1G — 1.26 of the Town of Georgetown Design and Construction
Standards.
(11)
Entrance permits. The Director of Planning and
Zoning shall not certify the completion of the final subdivision plans
unless an entrance permit, if required by the Department of Highways
and Transportation of the State of Delaware, is received by the developer
and made a part of the subdivision application.
D.
Subdivisions developed and recorded in sections.
(1)
Improvement plan and cost estimates limited to sections to be recorded. If the subdivision is to be developed and recorded in sections, the applicant shall prepare the items in Subsection C (3) (a), (b), (c) and (d) only for the section or sections presently to be recorded, except as noted in Subsection D(6) below.
(2)
Overall land dedication and improvements may be required. If the subdivision is to be developed and recorded in sections, the Planning Commission and Town Council may still require that the applicant dedicate and/or improve some portion of land intended for the use of the entire planned subdivision and make such dedication and/or improvement or some subset of such dedication and/or improvement accessible and useable when the first or any proceeding section thereof is to be recorded. In such a case, this issue shall be addressed in the subdivision and/or public works agreement and the items in Subsection C (3) (a), (b), (c) and (d) shall be addressed as appropriate. It shall be the purpose of this provision to ensure that new residents of a subdivision receive, within a reasonable time, the benefits of planned dedications and/or improvements.
(3)
If the subdivision is to be developed and recorded
in sections, the certification of the Director of Planning and Zoning,
if favorable, shall be in two parts as follows:
(4)
Preliminary approval a prerequisite. Approval by the
Town Council of a preliminary subdivision plan in its entirety shall
be a prerequisite to the certification of final site plan approval
and execution of a subdivision and/or public works agreement regarding
a section or sections to be recorded. Such preliminary approval of
a subdivision plan shall impose no obligation on approved deferred
sections.
(5)
Supplemental application considered on merits. Each supplemental application for a deferred section will be considered on its merits after the foregoing items in Subsection C (3) (a), (b), (c) and (d) have been presented for a review by the Director of Planning and Zoning, Town Manager, Town Engineer and Planning Commission. Preliminary approval in all cases shall be subject to the five years' limitation provided in the succeeding subsection.
(6)
Supplemental application for deferred sections. A supplemental application, in a form to be prescribed by Director of Planning and Zoning, shall be submitted by the applicant as each deferred section, in turn, is proposed for recording. The procedure for handling a sectional supplemental application, if presented within five years following the date of the provisional approval of the subdivision plan, shall be the same as for an original subdivision application, to begin, however, with conferences with the Town Manager, Director of Planning and Zoning and Town Engineer according to the foregoing Subsection C(3) instead of processing the application from beginning. If a lapse of more than five years shall occur, the Planning Commission, at its discretion, may reconsider the unrecorded section or sections of a subdivision plan and require such alterations, changes or modification therein as it may deem appropriate.
E.
Completion guarantee required. As a condition of approval
of improvement construction plans, the applicant shall post a completion
guaranty for any improvements required by the application of this
chapter, in a form acceptable to the Town Solicitor. Where a public
agency other than the Town Council has the authority to require completion
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 guaranties in accordance with this subsection.
F.
Certification. The Director of Planning and Zoning
shall certify final approval on the final subdivision plan, which
shows distinctively the part to be recorded. Two copies of the signed
and approved plan shall be transmitted to the Town Manager for incorporation
in the agreement with the developer; the other signed and approved
copy shall be retained by the Town for its records. The Director shall
sign the required certification or certifications, as the case may
be; certification to be according to the following:
(1)
For a subdivision plan approved by the Town Council,
to be recorded and developed in its entirety:
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"It hereby is certified that this subdivision
plan was granted final approval by the Town Council of the Town of
Georgetown, Delaware, on _________________, and accordingly is eligible
for recording in the office of the Recorder of Deeds for Sussex County,
Delaware.
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Director, Planning and Zoning"
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(2)
For a subdivision plan approved to be recorded and
developed in sections, certification on separate plans as follows:
(a)
On a subdivision plan for entire development
granted preliminary approval by the Town Council:
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"It hereby is certified that this subdivision
plan was granted preliminary approval valid for five years by the
Town Council of Georgetown, Delaware, on _____________, subject to
presentation to Planning Commission of successive sections thereof
to be considered for final approval. Only such sections hereof as
may be granted specific Town Council final approval and so certified
by the Director of Planning and Zoning shall be eligible for recording
in the office of the Recorder of Deeds for Sussex County, Delaware.
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Director, Planning and Zoning"
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(b)
On a subdivision plan distinctively showing
the section or sections thereof approved by the Planning Commission
to be recorded and developed:
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"It hereby is certified that the section or
sections of this subdivision plan distinctively shown hereon as the
part to be recorded were granted final approval by the Town Council
of Georgetown, Delaware, on _________________, and, accordingly, the
section or sections so shown are eligible for recording in the office
of the Recorder of Deeds for Sussex County, Delaware.
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Director, Planning and Zoning"
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G.
Standard conditions of final approval. Final approval
of each subdivision application shall be subject to the following
standard conditions:
(1)
Performance of construction improvement program. Performance
shall be in strict accordance with approved plans and specific actions
complete in every respect. If any less than the completed section
shall be constructed by the developer, that part shall be completed
in that it will connect one existing street to another and that both
intersections shall be completed. No dead-end street shall be acceptable
unless designed under the classification of "cul-de-sac." All work
started shall be completed within two years or approved extension
thereof by resolution of the Town Council on recommendations of the
Town Engineer and Director of Planning and Zoning.
(2)
Release of liens. Submission within 90 days after
completion of the construction improvement program for such section
or subsection a release of liens with respect to the construction
improvement program.
(3)
Insurance. Certification of general liability insurance
with a minimum of $1,000,000 per occurrence, providing full protection
of the Town, its officials and employees against all damages or claims
for damages occurring directly or indirectly by reason of the construction
improvement program, shall be filed with the Town Manager before commencement
of any work related to the subdivision application.
(4)
Recordation. The developer shall record in the office of the Recorder of Deeds for Sussex County, at his/her expense, the final subdivision plan, bearing the certification set forth in the foregoing Subsection G, and provide proof of the recordation to the Department of Planning and Zoning within 90 days following the Planning Commission's approval.
(5)
Conveyance in fee simple. Deed conveying fee simple
land to the Town of Georgetown of all sewers, streets, roads, parklands
and other areas dedicated to public use within the section or subsection
shall be executed and delivered to the Town within 90 days after complete
performance of the construction improvement program for such section
or subsection.
(6)
Guarantee of improvements. Developer shall warrant
all improvements for a period of one year after complete performance
of the construction improvement program, and the Town shall hold 10%
of any surety paid until this one-year period is elapsed.
(7)
Work completed in compliance. Work, grading, excavation,
construction, erection or building shall be commenced or done within
the subdivision only, pursuant to final approval; in full compliance
with all of the conditions of such approval; after execution of the
necessary agreements and approval of all plans required under the
subdivision regulations; in full compliance with the subdivision regulations,
applicable building code provisions, the applicable zoning code provisions
and all other applicable ordinances of the Town of Georgetown and
Sussex County, and the laws of the State of Delaware; and after issuance
of all applicable permits which shall be in effect.
H.
Compliance with conditions of approval. Upon receiving
notice that the Town approved the final subdivision plan, the applicant,
now referred to as "developer," shall confer with the Town regarding
compliance with conditions of approval and, in turn, regarding all
construction procedures and reports until final acceptance by the
Town Council of the completed construction improvements and formal
release by the Town Council of the developer's completion guaranty.
I.
Planning Commission approval of modification to approved plan. If the developer wishes to alter the final subdivision plan after final approval and before any lot or unit in said subdivision is sold, leased or the subject of a contract of sale or lease, to change the location or size of any utility line, to create additional lots, to change the location of any lot without increasing the number of lots within the subdivision or to change the location of lot lines because of excessive topography or similar type of development problem, the developer must obtain the approval of the Planning Commission, but no public hearing shall be required to be held so long as the intent of the original subdivision, as determined by the Planning Commission, is not substantially changed; provided, however, that in making such alterations, no lot or tract of land shall be smaller than the minimum dimensions required by Chapter 230, Zoning, for the district in which the subdivision is located or for the use which is to be made of the land, all easements reserved for utilities and drainage are preserved without change and no lot is created which does not abut a street. In the case of an alteration, as described herein, the developer shall develop a subdivision plan and submit said plan for the approval of the Planning Commission, and such plan shall be recorded as a revised final plan of the subdivision with the approval of the Planning Commission noted thereon.
The Town Engineer shall submit two reports to
the Planning Commission. The first report shall be provided before
the Planning Commission takes action on the preliminary subdivision
plan. The second report shall be provided before the Planning Commission
takes action on the final subdivision plan. The second report shall
address the improvement construction plan as well as the final subdivision
plan. The reports shall include, where appropriate:
A.
A review, with comments, of the plan and improvement
construction reports of the applicant's engineer.
B.
The availability of utilities.
C.
A statement regarding through streets and connections
thereof with existing or probable future streets or adjoining properties.
D.
Endorsement or comment on suitability of land for
proposed purpose.
E.
Verification or adjustment of approximate estimates
of costs of items to be borne in whole or in part by the Town.
F.
Verification of improvement construction costs, which
are to be used for determining the face amount of the completion guaranty.
G.
Certification that the subdivision plan and improvement
construction plan are complete and in full accordance with Town of
Georgetown Design and Construction Standards. Deviations, if any,
from the standards and specification shall be noted and qualified.
A.
Impact studies to be submitted. As provided for in
the Town of Georgetown Design and Construction Standards, impact studies
may be required and shall be submitted with the preliminary subdivision
plan or administrative review plan as may be appropriate.
B.
Planning Commission consideration. The Town Planning
Commission shall review impact studies as part of its plan review
procedures to determine the nature and extent of off-site impacts
of the proposed development.
C.
Town review and approval If impact studies are determined
to be required, no preliminary subdivision plan shall be submitted
to the Planning Commission for action prior to the studies being completed
to the satisfaction of the Director of Planning and Zoning, Town Engineer
or other appropriate town official.
A.
Administration and enforcement.
(1)
Town Manager to administer and enforce. Approved applications
and plans will be referred to the Town Manager for complete administration
and enforcement.
(2)
Authority to approve minor alterations. The Town Manager
and the Town Engineer shall have authority to approve minor alterations
of construction details as field conditions may require. They shall
have no authority to approve changes in boundaries of streets and
other areas to which title has been transferred or for which agreement
has been made to transfer to the Town.
B.
Recording of deed to streets and other public areas.
The Town Manager shall arrange with the Town Solicitor for a search
of title and the recording in the office of the Recorder of Deeds
for Sussex County of a deed conveying title, free of all encumbrances
and liens to property transferred by deed to the Town of Georgetown.
A.
Role of Town Manager. The Town Manager, upon execution
of the agreement, filing of the required surety guaranty bond and
the transfer of title to the Town of Georgetown of the streets and
other areas to be dedicated to public use, shall arrange with the
Town Solicitor for preparation and presentation to the Town Council
of an appropriate ordinance or resolution:
B.
Initial building permit and occupancy. The Director
of Planning and Zoning shall determine when an applicant has complied
with subdivision requirements and is eligible to obtain an initial
building permit for construction within a subdivision.
Final action by the Town Council. Final action
by the Town Council will be a resolution:
B.
Accepting the construction improvements.
C.
Releasing the developer's completion guaranty. Such
final action will be taken by the Town Council upon certification
to it by the Town Manager and Town Solicitor in their respective areas
of responsibility.
D.
That construction improvements are complete and ready
for use according to approved plans and specifications.
E.
That all terms and conditions of the agreement, including
submission of a satisfactory release of liens, have been met to its
satisfaction.
