[HISTORY: Adopted by the Town Council of the Town of Dagsboro 11-9-1998 by Ord. No. 71. Amendments noted where applicable.]
This chapter shall be known as the “Town of Dagsboro Land Subdivision Ordinance.”
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivisions in the Town of Dagsboro in order to promote the public health, safety, convenience and the financial and general welfare of the Town. It shall be administered to insure orderly growth and development; to conserve, protect and properly use land; provide for adequate light, air and privacy; secure safety from fire, flood and other danger; prevent the overcrowding of the land and undue congestion of population; and adequate provision for vehicular and pedestrian traffic, utilities and services of and in the Town of Dagsboro.
This chapter shall apply to any lot or lots, tract or parcel of land created before or after the effective date of this chapter. Where existing provisions or other laws or ordinances are inconsistent or in conflict with the provisions of this chapter, the provisions of this chapter shall have precedence. It is not intended by this chapter to impair or interfere with private restrictions placed upon property by deed or covenants running with the land. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provisions or law, ordinances, contract or deed, the provisions of this chapter shall have precedence. The provisions of this chapter will be followed as a prerequisite to be fulfilled before final approval is given to the annexation of an area to the incorporated limits of the Town of Dagsboro.
Any tract, parcel or lot of land which is intended to be or is or has been subject to any of the actions described herein shall be considered to be a subdivision within the meaning of this chapter.
No tract, parcel or lot of land shall be divided, redivided, subdivided or resubdivided by recorded plot, separation of ownership or lease, into two or more tracts, parcels or lots, except in strict accordance with all provisions of the Comprehensive Plan and of this chapter and the regulations adopted hereunder.
No tract, parcel or lot of land shall be developed, and no construction shall be undertaken thereon, directed toward the occupancy of such land or the occupancy of any building, structure or structures thereon, or on any parcel thereof, by more than one family or by more than one business, professional, personal service or industrial establishment, except in strict accordance with the provisions of this chapter and the regulations adopted hereunder.
Notwithstanding any other section in this chapter to the contrary, no tract, parcel or lot which is part of any major subdivision shall be transferred or sold by the developer or possession granted by the developer to any third party prior to completion of the construction improvement program required pursuant to this chapter.
The following definitions shall be applicable unless the contexts 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."
- American Association of State Highway and Transportation
- AASHTO POLICY
- Most current edition of AASHTO's publication: A Policy on
Geometric Design of Highways and Streets.[Added 9-28-2005]
- Average daily trips.[Added 9-28-2005]
- Any accessway between rows of parking spaces or islands which
provides internal vehicular passage through a parking lot.[Added 9-28-2005]
- A narrow public thoroughfare, not less than 12 feet but not
exceeding 16 feet in width, which provides a secondary means of vehicular
access to an abutting property generally to the side or rear of a
structure and which is not intended for general circulation.[Added 9-28-2005]
- 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 Town Council of the tentative plot plan, after submission of the report of the Town Engineer, report of the applicant's engineer and tentative plot plan. 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 AND ZONING OFFICIAL
- The person and/or firm employed or appointed by Town Council
to review applications and oversee the implementation of the Subdivision
- 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 Dagsboro have been fulfilled as required.
- CERTIFICATE OF OCCUPANCY
- Certification by the Town of Dagsboro that there has been full compliance by the developer with the subdivision regulations and all other applicable ordinances of the Town of Dagsboro, and lots and/or dwelling houses, buildings or structures located upon a lot may be conveyed by the developer and/or occupied by the grantee.
- COMBINING OF LOTS
- Any combination of lots.
- COMPLETION GUARANTY
- A bond or deposit of funds or securities in escrow, payable to the Town of Dagsboro 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.
- COMPREHENSIVE PLAN
- A composite of the mapped and written proposals recommending the physical development of the Town once they shall have been duly adopted by the Town Council pursuant to Chapter 7, Title 22, Delaware Code.
- CUL-DE-SAC STREET
- A dead-end street provided with a cul-de-sac at the end to
facilitate turnaround of traffic.[Added 9-28-2005]
- 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 Dagsboro, and when such are to become a part of the corporate limits of Dagsboro, 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.
- The conversion of a tract or parcel of land to or for a specific
purpose, such as, building extensively; this is intended to include
the projects subjected to the condominium law of the State of Delaware,
Chapter 22 of Title 25 of the Delaware Code.[Amended 5-25-2004]
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of 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.
- A private vehicular accessway serving only one residential
lot or unit, which may include the land between the driveway lines,
whether improved or unimproved, may comprise pavement, shoulders,
gutters, sidewalk, and other areas within the driveway lines.[Added 9-28-2005]
- DUAL-LANE STREET OR BOULEVARD
- Any street which has two separate roadways divided by an
island or grass plot, and designated for one-way traffic on each roadway.[Added 9-28-2005]
- A grant by a property owner to the Town, 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 DAGSBORO
- A qualified employee of the Town of Dagsboro, so designated by the Town Council of the Town of Dagsboro, or a professional engineer registered by the Delaware State Board of Registration for Professional Engineers and Land Surveyors appointed by the Town 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 Town 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 Dagsboro or standard specification of the Highway Department of the State of Delaware.
- Grading, paving, curbing, streetlights, street signs, fire hydrants, water mains, sanitary sewers and other street improvements, including, where specified by the Town 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.
- LEGAL REPRESENTATIVE
- A member in good standing of the Delaware Bar.
- 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 or 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 COLLECTOR STREET
- Any street which serves to carry traffic to or from several
minor streets and connects them to other collector streets or to arterial
highways, usually does not serve the primary function of providing
access to abutting properties, and serves more than 300 lots but not
more than 500 lots or handles a traffic volume of more than 3,000
ADT but not more than 5,000 ADT.[Added 9-28-2005]
- MAJOR SUBDIVISION
- All subdivisions not classified as partitionings or minor subdivisions.
- MINOR COLLECTOR STREET
- Any street which serves to carry traffic to or from several
minor streets, and connects them to other collector streets or to
arterial highways, and serves 50 to 300 lots or handles a traffic
volume of 500 to 3,000 ADT. Typically, principal entrance streets
or residential subdivision are minor collector streets.[Added 9-28-2005]
- MINOR STREET
- Any street which is primarily used to serve local traffic
or abutting lots, and handles a traffic volume of fewer than 500 ADT.[Added 9-28-2005]
- MINOR SUBDIVISION
- Any subdivision containing not more than four lots, fronting
on an existing paved state, county or municipal street or which may
involve a new minor street of 50 feet in width or a dead end internal
road of 28 feet, which may be a private street subject to restrictions
as required by the Town Council, and which does not adversely affect
the extension of Town or county facilities, the drainage on a road
or the development of the remainder of the parcel or adjoining property.[Amended 6-1-1999]
- OFFICIAL MAP
- A map adopted Chapter 7, Title 22, Delaware Code. Such a map, once it shall have been duly adopted by the Town Council pursuant to Chapter 7, Title 22, Delaware Code, 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.
- 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.
- 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 GUARANTEE
- Any security which may be accepted in lieu of a requirement that certain improvements be made before the Town Council or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
- PERMANENT MAINTENANCE EASEMENT
- An easement providing permanent right to the Town and other
applicable agencies or utilities for maintenance of adjacent road
and other facilities located in the easement.[Added 9-28-2005]
- PLAN, AS-BUILT
- A plan prepared by a registered engineer showing the actual location of all streets, curbs, sidewalks, waterlines, 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.
- 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.
- Means the map of a subdivision.
- PUBLIC WORKS AGREEMENT
- Agreement executed between a developer and the Town covering
terms and conditions related to construction of roads and other infrastructure
in approved developments; also referred to as "developer or development
- RESIDENTIAL, DETACHED LOT STREET
- A street serving traffic from primarily residential detached
- RESIDENTIAL, TOWNHOUSE STREET
- A street serving traffic from townhouse lots.[Added 9-28-2005]
- The dedicated width of street, alley, accessway or crosswalk.
- SANITARY SEPTIC SEWER SPECIFICATIONS
- Sanitary sewer specifications of the Town of Dagsboro, Sussex County and the State of Delaware.
- 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 § 238-4 of this chapter.
- Any street, avenue, boulevard, road, lane, 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.
- STREET CLASS
- Road class to be determined as either minor, minor collector,
or major collector in accordance with the respective definitions given
in this section. [Added 9-28-2005]
- STREET TYPE
- Road type to be determined as residential (townhouse or detached),
commercial, industrial, or dual lane roads in accordance with the
respective definitions given in this section.[Added 9-28-2005]
- 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.
- 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 development, resubdivision, and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
- SUBSTANTIAL CONSTRUCTION
- Payment of surety, the clearing and grading of the site,
installation of roads, parking, circulation and utilities, and placing
of initial foundations as required or called for under the subdivision
approval process or site plan process, Developer's Agreement or Construction
Improvement Plan so that the essentials necessary for meeting the
requirements established by the Town are finished.[Added 5-25-2004]
- SURETY GUARANTY BOND
- An approved surety guaranty bonds (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 Dagsboro for 125% of the estimated cost of the proposed construction of improvements.
- WATER MAIN SPECIFICATION
- Water main specification of the Town, Sussex County and the State of Delaware.
- 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.
The owner of any lands within The Town of Dagsboro shall apply for and obtain the approval of the Town Council, in accordance with the following, before subdividing or resubdividing any land within the Town of Dagsboro.
Classification of activity desired.
The owner of land within the Town of Dagsboro may submit to the Building and Zoning Official a sketch plat of a subdivision, for the purposes of discussion and classification in accordance with Subsections B, C, or D of this section as found applicable by said Building and Zoning Official. Where applicable, the owner or subdivider shall present documented evidence that all lot owners within the subdivision are aware of the proposed alterations or additions and have no objections.
Such sketch plat should be submitted to the Building and Zoning Official two weeks before the meeting of the Town Council.
Such sketch plat may be drawn by the applicant, but due care should be taken that all information shown thereon is accurate.
The Building and Zoning Official or its designee shall return the sketch plat, noting thereof any additional information needed, to the land owner with the applicable application forms within a reasonable period of time.
In addition to the other provisions contained within this chapter, the approval of a subdivision shall include consideration of the following:
Integration of the proposed subdivision into existing terrain and surrounding landscape.
Minimal use of wetlands and floodplains.
Preservation of natural and historical features.
Preservation of open space and scenic views.
Minimization of tree, vegetation and soil removal and grade changes.
Screening of objectionable features from neighboring properties and roadways.
Provision for water supply.
Provision for sewage disposal.
Prevention of pollution of surface and groundwater.
Minimization of erosion and sedimentation, minimization of changes in groundwater levels, minimization of increased rates of runoff, minimization of potential for flooding and design of drainage so that groundwater recharge is maximized.
Provision for safe vehicular and pedestrian movement within the site and to adjacent ways.
Effect on area property values.
Preservation and conservation of farmland.
Effect on schools, public buildings and community facilities.
Effect on area roadways and public transportation.
Compatibility with other area land uses.
Effect on area waterways.
Whether, in the judgment of the Town Council, estimated costs to be borne by the Town cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.
Whether, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.
Partitioning and combining of lots.
Application for approval of a partitioning, as defined by this chapter and/or as classified by the Building and Zoning Official, shall be made in triplicate on forms supplied by the Town Council, together with three copies of a map, prepared by and attested to by a licensed surveyor, showing the property to be divided and showing the entire frontage, to the Building and Zoning Official of the Town of Dagsboro for acceptance of fees and costs for recording prior to forwarding by the Building and Zoning Official to the Town Council.
When required by the Town Council or its designee, the applicant shall submit one copy of a map showing his entire property.
Application for approval of a partitioning which subdivides land in any business, commercial or industrial zone as defined and designated by Chapter 275, Zoning, may be referred to the Building and Zoning Official by the Town Council for his or her review.
Partitioning applications which are found to meet all the requirements of this chapter, and Chapter 275, Zoning, shall be approved by the Town Council.
One copy of all partitionings shall be kept on file by the Town Council.
A print copy of the plat plan of the partitioning in a form acceptable to the Recorder of Deeds of Sussex County as approved by the Town 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 Town Council for good cause shown may extend the time for plat filing for a period not to exceed one additional ninety-day period.
Application for approval of a combining, as defined by this chapter and/or as classified by the Building and Zoning Official, shall be made in triplicate on forms supplied by the Town Council, together with five copies of a map, prepared by and attested to by a licensed surveyor, showing the property to be combined, with a broken line identifying the boundary to be eliminated, and showing the entire boundary of the property, to the Building and Zoning Official of the Town of Dagsboro for acceptance of fees and costs for recording prior to forwarding by the Building and Zoning Official to the Town Council.
When required by the Town Council or its designee, the applicant shall submit five copies of a map showing his entire property.
Application for approval of a combining which combines land in any zone as defined and designated by Chapter 275, Zoning, may be referred to the Building and Zoning Official by the Town Council for his or her review.
Combining applications which are found to meet all the requirements of this chapter, and Chapter 275, Zoning, may be approved by the Town Council as long as there is no adverse effect on neighboring or adjacent properties.
One copy of all combinings shall be kept on file by the Town Council.
A print copy of the plat plan of the combining in a form acceptable to the Recorder of Deeds of Sussex County as approved by the Town 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 Town Council for good cause shown may extend the time for plat filing for a period not to exceed one additional ninety-day period.
Application for approval of a Minor Subdivision, as defined in this chapter and/or as classified by the Building and Zoning Official, shall be made on forms supplied by the Town Council, and at least two weeks in advance of the next regular Town Council meeting, to the Building and Zoning Official for acceptance of fees and costs of recording prior to forwarding by the Building and Zoning Official to the Town Council. The requirements of §§ 238-5, 238-6, 238-7 and 238-8 of this chapter shall apply.
The applicant shall supply one tracing and two black-on-white prints of the plat plan of the subdivision, as prescribed and as described in § 238-5.
The Town Council shall review the application for approval of a minor subdivision and all the required material, making certain that all requirements established by this chapter and Chapter 275, Zoning, have been satisfied, or, in the alternative, the Town Council may refer the application to the Building and Zoning Official who shall review the application and all the required material, making certain that all requirements established by this chapter and Chapter 275, Zoning, have been satisfied. The Building and Zoning Official shall report its conclusions and recommendations to the Town Council.
Upon review and approval, which may have conditions placed upon it, the Town Council and Building and Zoning Official shall sign the tracing and application and have printed five copies of the plat plan in a form acceptable to the Recorder of Deeds of Sussex County.
After these prints have been delivered, the tracing and a copy of the application shall be delivered to the applicant.
If the Town Council disapproves a minor subdivision application, two copies of the reasons for disapproval shall be returned with the applicable tracing to the applicant. The reasons for disapproval shall be remedied prior to any resubmission.
A print copy of the plat plan in a form acceptable to the Recorder of Deeds of Sussex County as approved by the Town 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 Town Council for good cause shown may extend the time for plat filing for a period not to exceed one additional ninety-day period.
Prospective applicants for an approval of a major subdivision, as defined in this chapter and/or as classified by the Town Council, may, prior to formal application, request review and discussion by the Building and Zoning Official, or the Town Council may refer an application to the Building and Zoning Official prior to formal action pursuant to Subsection D(2) of this section, by:
Submitting, in duplicate and two weeks prior to a regular Town Council meeting, a sketch map of the proposed major subdivision to the Building and Zoning Official.
Such a sketch map shall show its location, surrounding properties, roads or other applicable detail; and the proposed subdivision layout as plated from deed, or tax map, and/or survey and at a scale as approved by the Engineer of the Town of Dagsboro but not less than one inch equals 50 feet.
The Building and Zoning Official and the subdivider shall review and discuss the problems to the area, their recommended solutions, and the Building and Zoning Official shall, from experience, knowledge, and technical assistance, guide the planning of said subdivision; such guidance may include reference of the plan to the Delaware Department of Transportation, the Superintendent of Schools or any other appropriate agency or person for comment.
Following such a review and discussion, the Building and Zoning Official shall return one copy of the sketch map together with a letter advising the subdivider of all conclusions and recommendations.
Application for a major subdivision, as defined by this chapter, shall be in accordance with the following procedure:
Applications for approval of a major subdivision shall be presented by the owner or his agent to the Building and Zoning Official, in triplicate and on forms supplied by the Town Council, at least two weeks in advance of a regular meeting of the Town Council.
The application shall be accompanied by:
The Building and Zoning Official shall receive the application, and other required maps and material, and shall acknowledge receipt in proper space on the reverse of each copy of the application. The Building and Zoning Official shall return one to the owner or his agent as his receipt and file the remainder one as the Town's record of receipt.
The Building and Zoning Official shall, upon receipt of an application:
Make certain that all the material required accompanies the application. If the owner or his agent has failed to provide all required material, the Building and Zoning Official shall so advise in writing and return all material received, except the application, for resubmission.
If all required material is in order, the Building and Zoning Official shall forward the application to the Town Manager to place the application on the agenda of the next regular meeting of the Town Council for its review and setting of the date of public hearing.
The Town Council shall review the application for approval of a major subdivision and all the required material, making certain that all requirements and conditions set forth in the letter of conclusions and recommendations and Chapter 275, Zoning, have been satisfied. If the owner or his agent has failed to satisfy all requirements, the Town Council shall so advise in writing and return all material received, except the application and one copy of the plat plan, for correction or addition thereto and resubmission.
The Town Council shall act on an application for approval of a major subdivision which it has found to be in order after a public hearing shall have been held. In all cases, the recommendation of those attending a public hearing shall be given careful consideration in the final decision of the Town Council.
If the Town Council shall disapprove a plat, the Council shall advise the owner in writing of the reasons for disapproval, and shall return, together with said letter, all material received, except the application and one copy of the plat plan. The reasons for disapproval shall be remedied prior to resubmission. A subdivision application may be disapproved by the Town Council for financial reasons, such as the following:
If it is the judgment of the Town Council that estimated costs to be borne by the Town of Dagsboro cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.
If, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.
In the case of favorable action on a subdivision plot plan by the Town Council, such action shall be considered as preliminary approval, subject to development and consideration of improvement construction plans and further estimates of costs. Notice, in writing, of preliminary approval by the Town Council will be given to the applicant; copies thereof, also, will be given the Town Manager and Building and Zoning Official.
Preparation of improvement construction plan and estimates of cost.
The applicant, upon receiving a preliminary approval of a subdivision plot plan by the Town Council, shall arrange for further conferences with the Town Council, Building and Zoning Official and Engineer regarding preparation of:
Subdivisions developed and recorded in sections.
Provisional approval by the Town Council of the subdivision plot plan in its entirety shall be a prerequisite of the Town Council action regarding a section or sections to be recorded. Such provisional approval of a subdivision plot plan shall impose no obligation on approved deferred sections.
Each supplemental application for a deferred section will be considered on its merits after the foregoing items in this section have been presented for a review by the Engineer and Town Council. Provisional approval in all cases shall be subject to the five years' limitation provided in the succeeding subsection.
A supplemental application in a form to be prescribed by the Town Council will be required to be presented by the applicant to the Town Council 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 plot plan by the Town Council, shall be the same as for an original subdivision application, to begin, however, with conferences with the Building and Zoning Official and Engineer according to the foregoing Subsection D(6)(a) instead of processing the application from beginning. If a lapse of more than five years shall occur, the Town Council, at its discretion, may reconsider the unrecorded section or sections of a subdivision plot and require such alterations, changes or modification therein as it may deem appropriate as a condition for granting of an extended provisional approval.
No plat shall be filed for the development of a subdivision in the Office of the Recorder of Deeds, in and for Sussex County, unless it has been duly approved by the Town Council of the Town of Dagsboro.
Upon completion of all required improvements, the owner shall provide the Town Council with three copies of all construction and improvement plans indicating their actual as-built locations and other field notations.
Upon receiving notice of approval by the Town Council of a subdivision application, the applicant, now referred to as "developer," shall confer with the Building and Zoning Official 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 surety guaranty bond, if any.
Action by Town Council; standard conditions of approval.
Action by the Town Council may include any of the following:
Approved, subject to standard conditions as outlined in this chapter.
Approved, subject to standard conditions as outlined in this chapter and also such special conditions as may be imposed or directed.
Approval of each subdivision application shall be subject to the following standard conditions:
Execution of suitable agreement within 90 days after notification of approval by the Town Council of a subdivision application. Said agreement shall be executed and acknowledged by the developer 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.
Performance of a construction improvement program in strict accordance with approved plans and specifications 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 Engineer.
Submission within 90 days after completion of the construction improvement program for such section or subsection or release of liens with respect to the construction improvement program.
Liability insurance policy in a minimum amount of $1,000,000 per accident, providing full protection to the Town, its officials and employees against all damages or claims for damages occurring indirectly by reason of the construction improvement program, shall be filed with the Town Council before commencement of any work within the subdivision.
The subdivision plot, bearing the certification set forth in this chapter shall be recorded as provided within 90 days after approval by the Town Council.
If the major subdivision is to be developed in sections or phases, no tract, parcel or lot which is any part of any such subdivision shall be transferred by the developer nor shall possession of any tract, parcel or lot be granted by the developer to any third party until all work required by the construction improvement program shall have been completed pursuant to the provisions of this chapter, with the exception of blacktopping streets, installing sidewalks, monuments and streetlights, if applicable, and furnishing as-built plans, and a bond with surety acceptable to the Town assuring completion of the uncompleted work required to complete the performance of the project with beneficial occupancy having been issued by the Town of Dagsboro. If the major subdivision is not to be developed in sections or phases, no tract, parcel or lot shall be transferred by the developer nor shall possession of any lot be granted by the developer to any third party until all work required by the construction program shall have been completed pursuant to the provisions of this section with conditional acceptance of such improvements having been made by the Town.
Deed conveying fee simple land to the Town of Dagsboro 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.
Work, grading, excavation, construction, erection or building shall be commenced or done within the subdivision only, pursuant to approval provided in this chapter; in full compliance with all of the conditions of such approval; after execution of the agreement provided above in this section and approval of all plans required under the subdivision regulations, applicable building codes, Chapter 275, Zoning, and all other applicable ordinances of the Town of Dagsboro and the laws of the State of Delaware; and after issuance of all applicable permits which shall be in effect.
Bond requirements. Before any work is started or contract awarded, the developer shall place in escrow sufficient funds or provide a performance bond or letter of credit to cover 150% of the estimated cost of the work to be performed.
Upon completion of all required improvements, owner shall provide the Town Council with three copies of all construction and improvement plans indicating their actual as-built locations and other field notations.
Upon receiving notice of approval by the Town Council of a final subdivision plat, the applicant, now referred to as "developer," shall confer with the Building and Zoning Official regarding the compliance with the conditions of approval and, in turn, regarding all construction procedures and reports until final acceptance by the Town Council of the completed construction and improvements and formal release by the Town Council of the developer's surety guarantee bond, if any.
If the developer wishes to alter the subdivision plot plan after final approval by the Town Council and before any lot or unit in said subdivision is sold, leased or the subject of a contract for sale of 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, approval shall be required from the Town Council, but no public hearing shall be required to be held so long as the intent of the original subdivision, as determined by the Town Council, 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 275, 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 plot plan and submit said plan for the approval of the Town Council and such plan shall be recorded as a revised plot plan of the subdivision with the approval of the Town Council.
Prior to application for a major subdivision, the applicant shall comply with Chapter 92, Title 29, of the Delaware Code (the "plus" review process).
Plat plan. The plat plan, as required under § 238-4 of this chapter, shall:
Include all recommendations made by the Town Council or the Building and Zoning Official, if so referred, following review and discussion when so elected and all subsequent requirements as may be set forth by the Town Council or another official agency; and
Be clearly and legibly drawn, and endorsed with black waterproof India ink upon translucent tracing cloth of good quality or in a form acceptable to the Town Council and to the Recorder of Deeds of Sussex County, Delaware, and shall be accompanied by a duplicate thereof; and
Be drawn at a scale of not less than 50 feet to the inch or any scale acceptable to the Engineer of the Town of Dagsboro and if the plat plan is drawn in two or more sections, it shall he accompanied by a key map showing the location of the several parts; and
Provide all the pertinent information on existing site conditions, property ownership and the like which may be necessary for the Town Council to properly consider the proposed subdivision, and such information shall be accurate and reliable.
Show the general plan for the ultimate development of the property, including as much of the surrounding area as may be necessary for an adequate consideration of the land to be subdivided. Such plat shall be accurately drawn to scale.
Show the following:
Proposed subdivision name or identifying title, the name of the municipality and political subdivision within which it is situated and county name.
A location map at a scale of one inch equals one mile.
The name and address of the owner of record and subdivider.
The name, license number and the seal of the licensed land surveyor or engineer.
A space for signature of the majority of the members approving the application and date of approval shall be provided as follows: "This map has been approved by the Town Council of the Town of Dagsboro at a meeting held [DATE]."
The date of survey.
The reference meridian used for bearings on the map shall be shown graphically and definitely described. Magnetic bearings shall show the date of observation. The North point should always be at the top of the plat.
The graphic scale.
The courses and distances of property perimeter and the approximate acreage contained therein.
A key map at a scale not less than 400 feet to the inch showing the relation of the property to adjoining property and to all streets, roads, watercourses, natural and artificial, streams, shorelines, or other water boundaries, and all municipal boundary lines crossing or adjacent to the property and existing within 1,000 feet of any part of the property proposed for subdivision.
The names of all subdivisions immediately adjacent and the names of all owners of all immediately adjacent lands, and the Tax Parcel Map block and lot numbers of each; and the property lines of the land to be subdivided.
The location of existing property lines, streets and alleys, easements, buildings, utilities, wooded areas and waterways; soil classification; and any other significant natural or man-made physical features affecting the proposed subdivision.
The present zoning classifications and zoning district lines of the proposed subdivision and adjoining properties and the proposed uses of property within the area being plotted.
The full plan of the development, including all lot lines and their dimensions, streets, roads, sidewalks, loading areas, parking areas, other paved areas, alleys or driveways, utility easements, parks, playgrounds and other public areas, including which are to be dedicated to public use and which are being reserved by the owner and the conditions of such dedications or reservations, the proposed names of all new streets and the building setback lines for each street.
Location, dimensions and nature of all proposed structures, signs and utilities, including the approximate number of dwelling units to be included in each residential structure.
Location of all uses not requiring structures.
All existing watercourses, tree masses and isolated trees more than six inches in diameter and their common name, existing buildings, water mains and feeder lines, and other significant features, within the boundaries of the plat.
A plan for surface drainage of the development.
Contours at vertical intervals of not more than five feet for land with average natural grade of 10% or greater, and at vertical intervals of not more than two feet or less steeply sloping land and on the basis of datum used or recommended by the Consulting Engineer.
The plan shall show ground water table elevations, soil characteristics the result of such percolation tests (F.H.A. procedure as may be required by the Consulting Engineer, certified by a licensed engineer).
The designs of any bridges or culverts which may be required and as approved by the Consulting Engineer.
The plan for supplying a community water supply system as approved by the Department of Natural Resources and Environmental Control or as otherwise may be provided.
The plan for supplying a sewer and wastewater system as approved by the Department of Natural Resources and Environmental Control or as otherwise may be provided.
Sufficient data acceptable to the Consulting Engineer of the Town to determine readily the location, bearing and length of every boundary line, street line and lot line, so as to reproduce such lines upon the ground; and the length of all straight lines, the deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings for each street: All dimensions and angles or bearings of the lines of each lot shall also be given. All dimensions shall be shown in fee and hundredths of a foot.
The lot and block numbers established in accordance with the prevailing Town practice.
Clearly label, legend and symbol the monuments established in accordance with the above, a distance being made between monuments which were found and monuments which were placed on the tract boundary and those set for survey control.
All lot corner markers, which are required to be permanently located in the ground to the existing grade and to the satisfaction of the Consulting Engineer shown thus, "O," on the plat.
The proposed grading plan when excavation, recontouring or similar work is to occur in conjunction with development of the subdivision.
The designation of land use primarily for agricultural purposes within 300 feet of the boundary of the proposed subdivision.
The designation of parcels to be set aside for forested buffer strips, where required.
The location of all wetlands (both state and federal) shall be indicated, in order to facilitate compliance with state and federal wetlands requirements.
The location of the one-hundred-year floodplains based on current Flood Insurance Rate Maps.
Where the plat plan submitted covers only a part of the subdivider's entire holding, a sketch of the unsubmitted part shall be furnished; and the street system of the submitted part will be considered in the light of adjustments and connections with the future street system of the part not submitted.
Other material. Other material, as required under § 238-5, shall be three copies of each of the following:
Certificate of title showing the ownership of the land to be vested in the subdivider or other applicant for approval.
Statement duly acknowledged before some officer authorized to take acknowledgment of deeds and signed by the owners of the property, to the effect that the subdivision shown on the plat is made with his or their free consent and in accordance with their desires.
Certificate of a licensed engineer or land surveyor as follows:
Street profiles and cross-sections for all streets which shall have been approved by the Consulting Engineer of the Town.
All offers of dedication and covenants governing the maintenance of undedicated open space, which shall bear the certificate of approval of the Town Solicitor as to their legal sufficiency.
Certificate of the Consulting Engineer as follows: "I have carefully examined this map and find it conforms with all the laws of the State of Delaware and the ordinances of the Town of Dagsboro."
Certificate of the Consulting Engineer as to the completion of all improvements required by the Town to his satisfaction in accordance with standards and specifications set forth in this chapter or as otherwise prescribed by the Town. For any required improvements not so completed, there shall be submitted with the plat a certificate of the Consulting Engineer and Town Solicitor, respectively, as to the estimate cost of such improvements as to the sufficiency of the bond offered in lieu thereof.
Copy of such private deed restrictions, including building setback lines, as be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided. Such restrictions shall be satisfactory to the Town Council and shall provide, in the case of any lot intended for residential use, against further division thereof by the grantee without obtaining approval by the Town Council.
Copy of the certificate of approval of any other official body who may become involved or have an official interest in the development.
Identification of existing zoning classifications and proposed changes.
Identification and location subject to flooding as a result of a storm of one-hundred-year frequency.
Statements explaining how and when the subdivider proposes to provide and install the required water supply, sewers or other means of sewage disposal, street pavements and drainage structures.
Where special physical conditions exist which may act as constraints on normal development or may preclude development totally, the subdivider may be required to submit special technical data, studies or investigations. This information must be prepared by individuals technically qualified to perform such work. Additional information may include but is not limited to the following: on-site sanitary sewage disposal feasibility, water supply surveys, such as test well drilling, stormwater runoff computations and identification of area subject to periodic flooding.
If special conditions are found to exist, the Town Council shall not approve a preliminary plat until it is determined that it is technically feasible to overcome such conditions. The Town Council may then require the subdivider or developer to incorporate specific improvement design criteria into the plat as a condition to its approval.
When special studies or investigations pertain to a regulatory program or another public agency, the subdivider shall submit the results of these studies or investigations to said public agencies for technical review and approval. Written comments from these agencies shall be supplied to the Town Council by the subdivider.
Statements explaining how and when the subdivider proposes to provide for the perpetual maintenance of forested buffer strips, if required.
Prior to the granting of approval of a subdivision, the subdivider shall have furnished performance guarantees for the ultimate installation of the following:
Streets. Streets shall be designed to conform with the design standard set forth in § 238-7 of this chapter and shall be paved in accordance with specification for paving of streets established by the Town. Internal roads, alleys, driveways, aisles and parking areas, when required, shall be constructed with a well drained base and a hard surface finish.
Street name signs. A street name sign identical to those already established in the area or of a design and of material specified by the Town and shall be installed in a base at each street intersection in accordance with specifications of the Town.
Sidewalks. Sidewalks, where required, shall be placed between the curbline and the property line as determined by the Town Council and the Consulting Engineer and in accordance with the Town specifications for design and material.
Curbs. Curbs shall be placed on both sides of a street at a maximum distance of eight feet from the property line and in accordance with Town specifications for design and material.
Shade trees. Shade trees are to be located back of the curbline so as not to interfere with utilities, sidewalks or driveways, at intervals of approximately 60 feet.
Grading, fill, topsoil and protection thereof.
Grading shall be done to meet the requirements of the ordinances of the Town of Dagsboro.
All material to be used as fill, including the disposal of any soil accumulated during development, construction and clearing of the land, must be reviewed and approved by the Town Council before being used. The Town Council shall take into consideration the water table, drainage, and soil characteristics of the site in question when making such a decision.
Buffer zone planting. Where buffer zones are required or proposed, they shall be planted with growth of such type and quality to produce from time of planting a screening hedge of sufficient density and height to effectively perform its purpose the year round. Such proposed plantings shall be reviewed by the Town Council prior to approval of the subdivision.
Surface drainage facilities; culverts and storm sewers. Culverts and storm sewers shall be properly installed and connected with the Town system or as determined by the Consulting Engineer or other authorized Town authority and in conformity with requirements established in § 238-7.
Sanitary sewers. Sanitary sewers shall be properly installed in accordance with the requirements of the Town of Dagsboro, including conformity with requirements established in § 238-7.
Water supply facilities. Water supply facilities shall be properly installed in accordance with the requirements of the Town of Dagsboro, including conformity with requirements established in § 238-7.
Underground utilities. Underground utilities shall be properly installed in accordance with the requirements of the Town of Dagsboro, including conformity with requirements established in § 238-7.
The applicant shall place permanent reference monuments of stone or concrete, at least 30 inches in length and four inches square with suitable center point, flush with the finished grade at such locations as may be required by the Town Council.
Monuments of noncorrosive metal pipe, 3/4 inch in diameter and at least 24 inches in length, shall be set in place flush with the finished grade at all intersections of streets, at all intersections of streets and alleys with subdivision boundary lines; at all points on streets, alleys and boundary lines where there is a change in direction or curvature; and all lot corners.
All of the above listed improvements shall be subject to inspection and approved by the Consulting Engineer who shall be notified 24 hours prior to such installation. No underground installation shall be covered until inspected and approved by the Consulting Engineer or other authorized Town authority.
Also, prior to granting of approval of a subdivision, the subdivider shall have installed or shall present his agreement with Sussex County covering the installation of sewer mains and connection with the established system or his plans for same as approved by the Department of Natural Resources and Environmental Control.
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 Town Council.
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 street, drainage, right-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:
The subdivision plat shall take into account proposals of the adopted Comprehensive Plan as appropriate in the area of proposed development and should relate to existing and proposed adjoining land uses.
The subdivision layout shall conform to the provisions of the zoning districts in which it is located and the provisions of Chapter 275, Zoning.
The subdivision layout shall conform with the principles and standards contained in this chapter.
A tract shall be subdivided so that no remnants or landlocked spaces without access are created.
Strip development, for example only and not by limitation, several houses built along a road while the remaining bulk of the parcel from which the lots are partitioned remains undeveloped and with limited access, 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.
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.
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.
Subdivision planning should take into consideration critical areas, waterways, natural topography, vegetation and especially historic spots, landmarks and social impacts.
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.
Prohibit major subdivision access and egress, rights-of-way and entrances upon and/or through streets within the Town of Dagsboro not designated as State Route 20 or State Route 26 unless a specific waiver by the Dagsboro Town Council is acquired.
The arrangements of streets shall be such as to provide for the appropriate extension of existing streets.
Minor streets shall be so designed as to discourage through traffic.
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 Town Council may determine appropriate.
The minimum right-of-way width shall be measured from lot line to lot line and shall be in accordance with the following schedule:
Arterial streets: 80 feet to 120 feet.
Major collector streets: 50 to 80 feet.*
Minor collector streets: 38 to 75 feet.*
Minor streets: 30 to 50 feet.*
Marginal access streets: 40 feet.
Internal roads, alleys, driveways, aisles, and parking areas in business and industrial developments: 16 feet, built to satisfy the requirements of the State of Delaware and the Town of Dagsboro.
No subdivision showing reserve strips controlling access to streets shall be approved.
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.
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 .5 of 1%.
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 70°. The block corners at intersection shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
Street jogs with center line offsets of less than 125 feet shall be prohibited.
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
When connecting street lines deflect from each other at any point by more than 10° 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.
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
Dead-end streets (cul-de-sac) of a permanent nature shall not be longer than 400 feet and shall provide a turnaround at the end with a radius of 40 feet.
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.
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.
All minor streets or roadways shall be at least 25 feet between curbs and paved for the entire distance.
Where deemed desirable to the layout of the subdivision and adjoining areas, the Town Council may require the platting and dedication of one or more collector streets, or parts thereof, to serve the subdivision.
Minor streets, intended primarily for access to individual properties, shall be so arranged as to discourage their use by through traffic.
Where the subdivision abuts or contains a major thoroughfare, the Town Council 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:
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.
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.
The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the Town 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.
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.
Streets may be public or private; however, streets shall conform to Town standards.
[Amended 6-1-1999; 11-28-2005]
Prior to occupancy of the first dwelling unit, the road base and binder course shall be placed. The wearing course and all other approved street improvements shall be completed by the subdivider or developer prior to occupancy of 75% of the approved dwelling units or prior to expiration of a term of five years, said term commencing at the date of approval of the final site plan, whichever occupancy percentage or term occurs first.
An extension for completion of the placement of the wearing course and all final street improvements may be approved by the Town Council for good cause and upon request of such extension by the subdivider, developer or its successor or assigns.
Should an extension to complete street improvements be granted, all required street improvements shall be in place prior to occupancy of 100% of the approved dwelling units.
The provisions of this amendment shall not apply to any subdivision that is the subject of final site plan approval at the time of enactment of this subsection (December 12, 2016).
No street referred to herein shall be dedicated to the Town of Dagsboro nor accepted for dedication by the Town of Dagsboro unless the street shall have been constructed to meet the standards and specifications of the State of Delaware, Department of Transportation, Division of Highways.
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.
Dual-lane or boulevard-type street design shall be required for primary entrance streets of all residential subdivisions of 300 units or more, commercial developments greater than 30 acres or mixed-use developments of 150 acres or more.
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 275, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
In blocks over 1,000 feet long, pedestrian crosswalks may be required in location deemed necessary by the Town Council. Such walkway shall be 10 feet wide and 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.
Lot dimensions and area shall not be less than the requirements of the Town of Dagsboro Zoning Chapter.
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
Each lot must front upon a public or private street at a minimum as established in Chapter 275, Zoning.
[Added 9-28-2005; 11-28-2005]
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.
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 Town Council may, after adequate investigation, withhold approval of such areas.
Double frontage and reserve frontage lots will not, in general, be approved, but if necessary, in the judgment of the Town Council, shall be required to establish a buffer zone and/or screen planting.
Lot lines shall follow municipal boundary lines rather than cross them.
Lot width may be reduced by a maximum of 25% on an approved cul-de-sac, curved area only.
Public use and service areas.
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.
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 Town 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 Town 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 Schedule along watercourse, etc., shall be satisfied.
Natural features such as trees, brooks, hill tops and views shall be preserved whenever possible in designing any subdivision containing such features.
Surface drainage facilities.
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.
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.
Parking areas. Sufficient parking areas shall be provided.
Flood control. Land subject to flooding and land deemed by the Town 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 unsatisfactory living conditions; or shall be adequately drained and filled in accordance with regulations to the satisfaction of the Town of Dagsboro.
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.
Water supply facilities.
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.
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.
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.
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.
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.
Sanitary sewer facilities.
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 sewer system. If connected to the county 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.
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.
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.
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.
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.
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.
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 Town 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.
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.
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 Town 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.
Sidewalks. When provided by subdivider or deemed necessary by the Town 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.
Streetlights. Streetlights shall be required in all subdivisions unless specifically exempted by the Town Council. The installation of streetlights, including number, type and spacing, shall be as specified by the Town Council or its staff.
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 and Zoning Official 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.
Inspection Consultant. The Town 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 Town Council feels 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."
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:
Plans and profiles of each street showing proposed grades and street intersection elevations.
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.
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.
Construction and specific plans of the proposed water distribution system, showing pipe sizes and the locations of all values and fire hydrants, shall be in accordance with the Town standards.
Plans and specifications for any forested buffer strips, if required.
The cost of construction, installation and inspection of all improvements required herein shall be borne by the developer. All costs related to this Subdivision Chapter shall be borne by the developer unless otherwise provided.
A nonrefundable subdivision application fee as set by resolution of Town Council shall be paid by the applicant at the time of the submission of a minor subdivision, partition, combining or major subdivision plan. The applicant shall pay all other charges related to a review of the subdivision.
All construction work on improvements required herein shall conform to standards established by the Town and are subject to inspection and approval by the Consulting 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.
Based on recommendations of the Consulting Engineer, the Town Council shall establish a schedule of fees to be paid by the subdivider in order to reimburse the Town for the cost of inspecting all construction work on improvements required herein. Costs reimbursed shall be only those actually incurred by the Town in inspecting work for which the Town has the authority to establish design standards or has need to ensure the future efficient maintenance can be accomplished adequately.
Improvement construction will be estimated by Town Engineer and be the basis for determining the face amount of the surety guaranty bond.
The developer will be responsible for streets and sidewalks until final acceptance and official release of bond, including repairs, if necessary, and other reasonable provisions for the convenience and safety of traffic. The developer will be responsible, also, for the removal of snow from streets when necessary for the convenience or safety of traffic.
The Town Council, upon execution of the agreement, filing of the required surety guaranty bond and the transfer of title to the Town of Dagsboro 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 and resolution:
Final action by the Town Council will be a resolution:
Accepting the construction improvements when construction improvements are complete and ready for use according to approved plans and specifications and when all terms and conditions of the agreement, including submission of a satisfactory release of liens, have been met to the satisfaction of the Town Council.
Releasing the developer's surety guaranty bond. Such final action will be taken by the Town Council upon certification to it by the Engineer, the Town Council and Town Solicitor in their respective areas of responsibility.
Notice of commencement of construction; samples of materials.
Twenty-four-hour notice to Town. The Building and Zoning Official and Town Council must be notified 24 hours in advance of the commencement of any construction operation pursuant to approvals obtained in order that provisions may be made for the proper inspection thereof.
Samples of materials and every reasonable facility for ascertaining whether the work is in conformity with the provisions of these regulations and Town specifications shall be furnished the proper officers and employees of the Town.
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 Town Attorney. The amount of such bond shall be no less than 125% of the costs 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 or other improvements deemed necessary by the Town Council.
Where a public agency other than the Town has 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.
Unusual conditions. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography or other conditions which are not self-imposed or that these conditions would result in inhibiting the achievement of the objectives of these regulations, the Town Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter or be contrary to the goals and objectives of the Comprehensive Plan for the Town.
HR - High Density Residential District. Where land is proposed for development in accordance with the provisions of Chapter 275, Zoning, pertaining to the establishment of High Density Residential Districts, the requirements and conditions for approval as set forth in Chapter 275, Zoning, shall prevail in case of any conflict with these regulations; provided, however, that nothing in this section shall be construed as permitting any exception from the requirements of these regulations with regard to the design, arrangement or improvement of streets and highways within any proposed High Density Residential District.
Approval of modifications and exceptions. Variances, modifications and waivers from the requirements of this chapter shall be granted only by the affirmative vote of a majority of the members of all the Town Council. In granting variances, modifications and waivers, the Town Council may require such conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified or waived. This section does not apply to the requirements of other public agencies.
No building permit shall be issued nor shall construction be authorized by the Town on lands where a subdivision plat is required to be approved and recorded as provided herein unless such construction or use is in compliance with this chapter. No permit shall be issued until all required improvements have been installed, constructed or placed for the lot for which the permit is to be issued or until bonds or performance guaranties have been established in accordance with the provisions of § 238-9, Bonds and guaranties.
It shall be the duty of the Building and Zoning Official or other Town officials to enforce these regulations and to bring to the attention of the Town Council any violation or lack of compliance herewith.
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief.
In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or any purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded. Any provision of this chapter to the contrary notwithstanding, the Town Council upon application from an owner and upon such terms and conditions as are determined by the Town Council necessary to protect prospective purchasers of lots to be sold by owner and following approval by the Town Council of the sketch map required by this chapter and before final approval of the subdivision, may grant the owner permission to enter into agreements of sale for lots within the proposed subdivision, provided that there shall be no down payment in excess of 10% of the purchase price or $10,000 from any one purchaser, whichever is the lesser, and not more than 30% of the lots in the proposed subdivision shall be subject to any agreement of sale.
In any case where the Town institutes legal proceedings to enforce this chapter, the Town shall be entitled to collect from the offending party or parties the Town's reasonable legal fees and costs incurred in such enforcement or prevention action.
Any major subdivision approval granted by the Town Council subsequent to the effective date of this section shall be rendered null and void if substantial construction is not commenced thereon within five years of the date of recordation of the final plat pursuant to this chapter.
Any major subdivision approval granted by the Town Council after November 9, 1998, and prior to the effective date of this section, shall be rendered null and void if substantial construction is not commenced thereon within five years of the effective date of this section.
Any major subdivision approval granted by the Town Council after November 9, 1998, and prior to the effective date of this section, but for which a final plat has not yet been recorded, shall be rendered null and void if substantial construction is not commenced thereon within five years of the date of recordation of the final plat pursuant to this chapter.
Any major subdivision lawfully existing on or before November 9, 1998, shall be rendered null and void if substantial construction is not commenced thereon within five years of the effective date of this section.
For the purposes of this section, the term "substantial construction" shall mean that the right-of-way has been cleared, the roadway has been rough-graded, the drainage system and/or stormwater management facilities have been rough-graded and erosion and sediment control measures are in place and being actively maintained.
Any applicant aggrieved by a finding, decision or recommendation of the Town Council may request and shall receive opportunity to appear before the Town Council to present additional relevant information and request reconsideration of the original finding, decision or recommendation.
Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
These subdivision regulations shall be considered the minimum requirements for the protection of the public health, safety and welfare of the Town of Dagsboro. Any action taken by the Town Council under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
If any article, section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.