[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.”
A.
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.
B.
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.
C.
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.
D.
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.
[Amended 5-25-2004]
E.
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.
F.
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
Officials.
[Added 9-28-2005]
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]
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.
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.
The person and/or firm employed or appointed by Town Council
to review applications and oversee the implementation of the Subdivision
Chapter.
[Added 5-25-2004]
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.
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.
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.
Any combination of lots.
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.
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.
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]
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]
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.
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."
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.
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.
A permit authorizing improvement to be constructed in accordance
with the terms and conditions of approved construction plans and specifications.
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.
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]
All subdivisions not classified as partitionings or minor
subdivisions.
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]
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]
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]
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.
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.
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]
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.
A plan prepared by a registered engineer showing the construction
details of a proposed improvement in accordance with an approved subdivision
plan.
The Town's plan of streets and alleys, including those which
have been or may be laid out but not opened.
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.
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
agreement."
[Added 9-28-2005]
A street serving traffic from primarily residential detached
lots.
[Added 9-28-2005]
A street serving traffic from townhouse lots.
[Added 9-28-2005]
The dedicated width of street, alley, accessway or crosswalk.
Sanitary sewer specifications of the Town of Dagsboro, Sussex
County and the State of Delaware.
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:
Arterial streets are those which are used primarily
for fast or heavy traffic.
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.
Minor streets are those which are used primarily
for access to the abutting properties.
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.
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.
Major thoroughfares are streets or highways
so designated on the Major Thoroughfare Plan of the State of Delaware.
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]
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.
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]
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 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.
A.
Classification of activity desired.
(1)
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.
(2)
Such sketch plat should be submitted to the Building
and Zoning Official two weeks before the meeting of the Town Council.
(3)
Such sketch plat may be drawn by the applicant, but
due care should be taken that all information shown thereon is accurate.
(4)
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.
(5)
In addition to the other provisions contained within
this chapter, the approval of a subdivision shall include consideration
of the following:
[Added 11-24-2003]
(a)
Integration of the proposed subdivision into
existing terrain and surrounding landscape.
(b)
Minimal use of wetlands and floodplains.
(c)
Preservation of natural and historical features.
(d)
Preservation of open space and scenic views.
(e)
Minimization of tree, vegetation and soil removal
and grade changes.
(f)
Screening of objectionable features from neighboring
properties and roadways.
(g)
Provision for water supply.
(h)
Provision for sewage disposal.
(i)
Prevention of pollution of surface and groundwater.
(j)
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.
(k)
Provision for safe vehicular and pedestrian
movement within the site and to adjacent ways.
(l)
Effect on area property values.
(m)
Preservation and conservation of farmland.
(n)
Effect on schools, public buildings and community
facilities.
(o)
Effect on area roadways and public transportation.
(p)
Compatibility with other area land uses.
(q)
Effect on area waterways.
(r)
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.
(s)
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.
B.
Partitioning and combining of lots.
[Amended 2-19-2001]
(1)
Partitioning.
(a)
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.
(b)
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees, § 238-8 of this chapter.
(c)
When required by the Town Council or its designee,
the applicant shall submit one copy of a map showing his entire property.
(d)
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.
(e)
Partitioning applications which are found to meet all the requirements of this chapter, and Chapter 275, Zoning, shall be approved by the Town Council.
(f)
One copy of all partitionings shall be kept
on file by the Town Council.
(g)
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.
(2)
Combining.
(a)
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.
(b)
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees, § 238-8 of this chapter.
(c)
When required by the Town Council or its designee,
the applicant shall submit five copies of a map showing his entire
property.
(d)
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.
(e)
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.
(f)
One copy of all combinings shall be kept on
file by the Town Council.
(g)
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.
C.
Minor subdivision.
(1)
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.
[Amended 6-1-1999]
(2)
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees, § 238-8 of this chapter.
(3)
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.
(4)
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.
(5)
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.
[Amended 6-1-1999]
(6)
After these prints have been delivered, the tracing
and a copy of the application shall be delivered to the applicant.
(7)
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.
(8)
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.
D.
Major subdivision.
(1)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
Application for a major subdivision, as defined by
this chapter, shall be in accordance with the following procedure:
(a)
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.
(b)
The application shall be accompanied by:
(c)
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees, § 238-8 of this chapter.
(d)
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.
(e)
The Building and Zoning Official shall, upon
receipt of an application:
[1]
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.
[2]
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.
(f)
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.
(3)
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.
(4)
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:
(a)
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.
(b)
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.
(5)
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.
(6)
Preparation of improvement construction plan and estimates
of cost.
(a)
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:
(7)
Subdivisions developed and recorded in sections.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(8)
Action by Town Council; standard conditions of approval.
[Amended 5-25-2004]
(a)
Action by the Town Council may include any of
the following:
(b)
Approval of each subdivision application shall
be subject to the following standard conditions:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
[6]
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.
[7]
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.
[8]
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.
[9]
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.
[10]
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.
[11]
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.
(9)
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.
E.
Prior to application for a major subdivision, the
applicant shall comply with Chapter 92, Title 29, of the Delaware
Code (the "plus" review process).
[Added 5-25-2004]
A.
Plat plan. The plat plan, as required under § 238-4 of this chapter, shall:
(1)
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
(2)
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
(3)
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
(4)
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.
(5)
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.
(6)
Show the following:
(a)
Proposed subdivision name or identifying title,
the name of the municipality and political subdivision within which
it is situated and county name.
(b)
A location map at a scale of one inch equals
one mile.
(c)
The name and address of the owner of record
and subdivider.
(d)
The name, license number and the seal of the
licensed land surveyor or engineer.
(e)
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]."
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Town Manager
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Member
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(f)
The date of survey.
(g)
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.
(h)
The graphic scale.
(i)
The courses and distances of property perimeter
and the approximate acreage contained therein.
(j)
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.
(k)
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.
(l)
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.
(m)
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.
(n)
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.
(o)
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.
(p)
Location of all uses not requiring structures.
(q)
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.
(r)
A plan for surface drainage of the development.
(s)
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.
(t)
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).
(u)
The designs of any bridges or culverts which
may be required and as approved by the Consulting Engineer.
(v)
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.
(w)
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.
(x)
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.
(y)
The lot and block numbers established in accordance
with the prevailing Town practice.
(z)
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.
(aa)
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.
(bb)
The proposed grading plan when excavation, recontouring
or similar work is to occur in conjunction with development of the
subdivision.
(cc)
The designation of land use primarily for agricultural
purposes within 300 feet of the boundary of the proposed subdivision.
(dd)
The designation of parcels to be set aside for
forested buffer strips, where required.
(ee)
The location of all wetlands (both state and
federal) shall be indicated, in order to facilitate compliance with
state and federal wetlands requirements.
(ff)
The location of the one-hundred-year floodplains
based on current Flood Insurance Rate Maps.
(gg)
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.
B.
Other material. Other material, as required under § 238-5, shall be three copies of each of the following:
(1)
Certificate of title showing the ownership of the
land to be vested in the subdivider or other applicant for approval.
(2)
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.
(3)
Certificate of a licensed engineer or land surveyor
as follows:
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"I hereby certify that this map and the survey
has been made under my supervision and complies with the Laws of the
State of Delaware, the Ordinance of the Town of Dagsboro and that
the error in closure does not exceed one in five thousand. I further
certify that [all monuments and corner markers have been accurately
set under my supervision] - [a bond has been given to the Town guaranteeing
the setting of such monuments and corner markers which are being deferred
for a specified period.] **
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Licensed Engineer or Land Surveyor No."
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[** Strike out inappropriate phrase.]
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(4)
Street profiles and cross-sections for all streets
which shall have been approved by the Consulting Engineer of the Town.
(5)
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.
(6)
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."
(7)
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.
(8)
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.
(9)
Copy of the certificate of approval of any other official
body who may become involved or have an official interest in the development.
(10)
Identification of existing zoning classifications
and proposed changes.
(11)
Identification and location subject to flooding as
a result of a storm of one-hundred-year frequency.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
(16)
Statements explaining how and when the subdivider
proposes to provide for the perpetual maintenance of forested buffer
strips, if required.
A.
Prior to the granting of approval of a subdivision,
the subdivider shall have furnished performance guarantees for the
ultimate installation of the following:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Grading, fill, topsoil and protection thereof.
(a)
Grading shall be done to meet the requirements
of the ordinances of the Town of Dagsboro.
(b)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
Monuments.
(a)
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.
(b)
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.
B.
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.
C.
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.
A.
General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
Town. The Town's requirements of streets, drainage, rights-of-way,
storm sewer, school sites, parks, playgrounds and other services shall
be satisfied before approval of the subdivision plat. The 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:
(1)
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.
(2)
The subdivision layout shall conform to the provisions of the zoning districts in which it is located and the provisions of Chapter 275, Zoning.
(3)
The subdivision layout shall conform with the principles
and standards contained in this chapter.
(4)
A tract shall be subdivided so that no remnants or
landlocked spaces without access are created.
(5)
Strip development, 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.
(6)
Land which is unsuitable for subdivision or development
due to flooding, improper drainage, steep slopes, adverse earth formations
or topography, utility easements or other features which will be reasonably
harmful to the safety, health and general welfare of the present or
future inhabitants of the subdivision and/or its surrounding areas
shall not be subdivided or developed unless adequate methods are formulated
by the developer and approved by the Consulting Engineer and where
applicable to the rules and regulations of the State Department of
Natural Resources and Environmental Control to solve problems created
by the unsuitable land conditions. Such lands shall be set aside for
uses as shall not involve such a danger.
(7)
Cut or fill should be limited to those instances where
it is required to achieve acceptable street grades, parking areas
or building sites or where it will be used to enhance the site, such
as by berms or swales which add visual interest or perform a useful
function, such as screening or drainage.
(8)
Subdivision planning should take into consideration
critical areas, waterways, natural topography, vegetation and especially
historic spots, landmarks and social impacts.
(9)
It is the intent of the Town to stress preservation
of all agricultural lands which are feasible and worthwhile of such
preservation in order to conserve such natural amenities. Where residential
subdivisions are established adjacent to agricultural operations,
the subdivider shall ensure that there shall be no negative effect
on the agricultural operation. A forested buffer strip shall be provided
along the outer perimeter of any portion of a residential subdivision
or development adjacent to agricultural farmland of other ownership.
(10)
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.
[Added 5-21-2007]
B.
Streets.
(1)
The arrangements of streets shall be such as to provide
for the appropriate extension of existing streets.
(2)
Minor streets shall be so designed as to discourage
through traffic.
(3)
Subdivisions abutting arterial streets shall provide
a marginal service road, or reserve frontage with a buffer strip for
planting, or some other means of separation of through and local traffic
as the Town Council may determine appropriate.
(4)
The minimum right-of-way width shall be measured from
lot line to lot line and shall be in accordance with the following
schedule:
[Amended 9-28-2005]
(a)
Arterial streets: 80 feet to 120 feet.
(b)
Major collector streets: 50 to 80 feet.*
(c)
Minor collector streets: 38 to 75 feet.*
(d)
Minor streets: 30 to 50 feet.*
(e)
Marginal access streets: 40 feet.
(f)
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.
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*Note: See residential street standards attached
incorporated by reference into said subsection.
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(5)
No subdivision showing reserve strips controlling
access to streets shall be approved.
(6)
Subdivisions that adjoin or include existing streets
that do not conform to the street width requirements of this chapter
shall dedicate additional width along either one or both sides of
said road.
(7)
Grades of arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 7%. No street
shall have a minimum grade of less than .5 of 1%.
(8)
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.
(9)
Street jogs with center line offsets of less than
125 feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(11)
When connecting street lines deflect from each other
at any point by more than 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.
(12)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(13)
Dead-end streets (cul-de-sac) of a permanent nature
shall not be longer than 400 feet and shall provide a turnaround at
the end with a radius of 40 feet.
(14)
If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way, to the adjoining
properties.
(15)
No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name.
(16)
All minor streets or roadways shall be at least 25
feet between curbs and paved for the entire distance.
[Amended 9-28-2005]
(17)
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.
(18)
Minor streets, intended primarily for access to individual
properties, shall be so arranged as to discourage their use by through
traffic.
(19)
Where the subdivision abuts or contains a major thoroughfare,
the 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:
(a)
By providing vehicular access to such lots by
means of a service drive separated from the major thoroughfare by
a planting strip at least 30 feet in width and connecting therewith
at infrequent intervals.
(b)
By designing reverse frontage lots having access
only from a parallel minor street or from cul-de-sac or loop streets,
and with vehicular access to such lots from the major thoroughfare
prohibited by deed restrictions or other means.
(c)
The choice of the most appropriate method of
accomplishing the desired purpose in a specific instance shall be
made by the 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.
(20)
Private alleys shall be provided in commercial and
industrial areas, unless adequate access to parking and loading area
is provided by other means. Private alleys may not be permitted in
residential areas, except for the purpose of providing rear access
to townhouse dwellings or where required by topographic or other unusual
conditions exist. In the absence of private alleys, easements will
be required for utility lines or drainage facilities.
(21)
Streets may be public or private; however, streets
shall conform to Town standards.
[Amended 6-1-1999; 11-28-2005]
(22)
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.
[Amended 12-12-2016]
(a)
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.
(b)
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.
(c)
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).
(23)
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.
(24)
Each property corner at street intersections shall
be rounded off by an arc, the radius of which shall be not less than
20 feet. Curbs at street intersections shall be rounded off concentrically
with the property lines. The design of the intersection should provide
clear sight distance for oncoming vehicles, and there should be a
suitable leveling of the street grade within and approaching the intersection.
(25)
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.
[Added 9-28-2005]
C.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 275, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in location deemed necessary by the 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.
D.
Lots.
(1)
Lot dimensions and area shall not be less than the
requirements of the Town of Dagsboro Zoning Chapter.
(2)
Insofar as is practical, side lot lines shall be at
right angles to straight streets, and radial to curved streets.
(3)
Each lot must front upon a public or private street at a minimum as established in Chapter 275, Zoning.
[Added 9-28-2005; 11-28-2005]
(4)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(5)
Where there is a question as to the suitability of
a lot or lots for its intended use due to factors such as rock formations,
flood conditions or similar circumstances, the Town Council may, after
adequate investigation, withhold approval of such areas.
(6)
Double frontage and reserve frontage lots will not,
in general, be approved, but if necessary, in the judgment of the
Town Council, shall be required to establish a buffer zone and/or
screen planting.
(7)
Lot lines shall follow municipal boundary lines rather
than cross them.
(8)
Lot width may be reduced by a maximum of 25% on an
approved cul-de-sac, curved area only.
[Added 9-28-2005]
E.
Public use and service areas.
(1)
In developments, easements along real property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse,
drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose in accordance with standards
established by the 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.
(3)
Natural features such as trees, brooks, hill tops
and views shall be preserved whenever possible in designing any subdivision
containing such features.
F.
Surface drainage facilities.
(1)
All drainage facilities shall be constructed in accordance
with minimum construction standards established by the Consulting
Engineer or standards adopted by the Delaware Division of Highways
in areas where it has jurisdiction.
(2)
Where subdivision and/or development results in increased
quantities of stormwater runoff leaving the area to be developed,
the subdivider shall demonstrate that off-site drainage improvements
are adequate to handle the additional water and that all new or expanded
swales, pipes or other off-site improvements are located in dedicated
easements which permit efficient access for maintenance purposes.
Minimum standards shall be those established by the Consulting Engineer
or the State Division of Highways where it has jurisdiction.
G.
Parking areas. Sufficient parking areas shall be provided.
H.
Flood control. Land subject to flooding and land deemed
by the 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.
I.
Erosion and sedimentation control.
(1)
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.
(2)
No topsoil shall be removed from the site or used
as spoil. Topsoil moved during the course of construction shall be
redistributed so as to provide at least six inches of cover to all
areas of the subdivision and shall be stabilized by seeding and planting.
J.
Water supply facilities.
(1)
Every subdivision with lots of such size as to require
a public water supply under the regulations of the State Department
of Natural Resources and Environmental Control or Sussex County shall
be provided with a community water supply and distribution system
and appropriately spaced fire hydrants. The source of which may be
a county, municipal or private water system, in which case the distribution
system for the subdivision shall meet Department of Natural Resources
and Environmental Control, or it may be an independent source of supply
approved by the Consulting Engineer and the State Department of Natural
Resources and Environmental Control, in which case some acceptable
arrangement shall be made for its ownership and operation. The method
of ownership and operation shall be approved by the Town Attorney
and the Consulting Engineer.
(2)
All subdivisions requiring a public water supply shall
be provided with a water supply and distribution system and fire hydrants
meeting nationally recognized standards which have been adopted by
the Consulting Engineer.
(a)
Prior to the start of construction of any public
water supply system, the utility or owner shall submit a copy of the
construction drawing and demand calculations to the Consulting Engineer
in order to assure compliance with all applicable regulations.
(b)
Upon completion of the project, the utility
or owner shall submit a set of as-built drawings to the Consulting
Engineer for his records to aid in future planning, together with
certification of compliance by a responsible utility officer.
(c)
The Town reserves the right to collect appropriate
fees for the engineering design review and for any field inspections
deemed necessary by the Consulting Engineer.
K.
Sanitary sewer facilities.
(1)
Every subdivision with lots of such size as to require
a public sewer system under the zoning regulations or the regulations
of the State Department of Natural Resources and Environmental Control
and/or the Consulting Engineer shall be provided with a community
sanitary sewer system connected to a county 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.
(a)
For such independent systems, it is requested
that application documents be submitted to the Consulting Engineer
at the same time as submission to the Department of Natural Resources
and Environmental Control.
(b)
A copy of the Department of Natural Resources
and Environmental Control approved permit and a copy of construction
drawings shall be submitted to the Consulting Engineer prior to construction.
(c)
Upon completion of the project, the owner shall
submit a set of as-built drawings to the Consulting Engineer for his
records to aid in future planning, together with a certificate of
compliance by a responsible utility officer and/or professional engineer.
(d)
The Town reserves the right to collect appropriate
fees for the engineering design review and for any field inspections
deemed necessary by the Consulting Engineer.
(e)
In addition, some acceptable arrangement of
ownership and operation shall be made which is acceptable to the Town
and the State Department of Natural Resources and Environmental Control.
(2)
Where a public sewerage system will not be available,
private on-site means of sewage disposal meeting the requirements
of the State Department of Natural Resources and Environmental Control
shall be provided, and in addition, the State Department of Natural
Resources and Environmental control or the 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.
L.
Underground utilities. All utility facilities, including
but not limited to gas, electric power, telephone, and CATV cables,
shall be located underground throughout the subdivision and in accord
with the rules and specifications of the State Public Service Commission
laws on utility service in developments. Wherever existing utility
facilities are located aboveground, except where existing on public
roads and rights-of-way, they shall be removed and placed underground.
All utility facilities existing and proposed throughout the subdivision
shall be shown on the preliminary plan. Underground service connections
to the street property line of each platted lot shall be installed
at the subdivider's expense.
M.
Street names. All new streets shall be named. Street
names shall be selected as not to duplicate existing names within
the same Hundred or postal districts. All new names shall be submitted
to the 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.
N.
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.
O.
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.
P.
Inspection and completion. All construction work on
improvements required herein shall be subject to inspection and approval
by the appropriate authorized public officials. Upon the completion
of each improvement, the developer shall furnish the Building 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.
Q.
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."
R.
Plans. Plans, profiles and specifications for the
required improvements shall be prepared by the subdivider and submitted
for approval by the appropriate public authorities prior to construction.
The plans and profiles to be submitted for all new construction shall
include the following:
(1)
Plans and profiles of each street showing proposed
grades and street intersection elevations.
(2)
A typical cross-section of proposed streets showing
the width of roadways. Such cross-section shall extend laterally to
the point where the proposed grade intersects the existing grade,
except that in no case shall less than the full width of the street
right-of-way be shown.
(3)
Construction and specification plans of proposed sanitary
sewers and storm drains shall be approved by the Consulting Engineer
and the State Division of Highways where it has jurisdiction.
(4)
Construction and specific plans of the proposed water
distribution system, showing pipe sizes and the locations of all values
and fire hydrants, shall be in accordance with the Town standards.
(5)
Plans and specifications for any forested buffer strips,
if required.
A.
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.
B.
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.[1]
C.
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.
D.
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.
E.
Improvement construction will be estimated by Town
Engineer and be the basis for determining the face amount of the surety
guaranty bond.
F.
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.
G.
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:
H.
Final action by the Town Council will be a resolution:
(1)
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.
(2)
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.
I.
Notice of commencement of construction; samples of
materials.
(1)
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.
(2)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
E.
In addition to the foregoing, the municipality may
institute and maintain a civil action for injunctive relief.
F.
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.
G.
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.
[Added 5-25-2004]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
