Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity interested in applying for approval of a minor subdivision or combining of lots located wholly or partly within the City of Lewes shall submit, in writing, to the Building Official the following:
Five copies of conceptual plat plans, each of which shall be certified by a land surveyor registered with the State of Delaware Board of Professional Land Surveyors or a professional engineer registered with the Delaware Association of Professional Engineers, along with as many additional copies as required by the Building Official, including electronic versions, showing the following:
Letter from the Board of Public Works certifying that utilities are existing and available for the proposed lot(s); provided, however, that such letter shall not be required where the application is for a subdivision or combining of lots for the purpose of creating a parcel for identification for purposes of zoning decisions or review under Chapters 170 or 197.
Letter of intent requesting Planning Commission review.
Fees specified on the City’s website shall be paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If a party other than the owner of record is making application, a letter of permission from the owner of record must be submitted.
The applicant shall notify, by certified mail with return receipt requested, the property owners certified by the applicant to be the property owners within 100 feet of the boundaries of the property which is the subject of the subdivision application that such application is being filed with the City, and the applicant shall provide proof of the notification to the City with the application.
An application for combining of lots or minor subdivision shall be valid for a period of 12 months from the last date of appearance before the Planning Commission and shall become null and void if such application is not actively proceeding through the City's approval process, through no fault of the City (for example, but not by limitation, the applicant has not supplied information, appeared at meetings when scheduled, or exhibited other lack of diligence in pursuing his application). If an application terminates under the terms of this section, the applicant may recommence the process by submitting a subdivision application and paying the costs and fees required for a new application. Such new application shall be subject to any changes in ordinances, regulations, and procedures since the original application was filed. The Mayor and City Council may waive the requirements of this subsection for good cause shown.
The Planning Commission shall recommend to the Mayor and City Council for its consideration and disposition either approval or disapproval of the application for minor subdivision or combining of lots, with reasons stated. The applicant shall be given a copy of the Planning Commission's recommendation to the Mayor and City Council.
The Mayor and City Council shall consider the application within a reasonable time after receiving the Planning Commission's recommendation. No public hearing shall be required.
Notification, in writing, of action taken by the Mayor and City Council shall be transmitted promptly to the applicant with copies to the Planning Commission.
In case of approval of a minor subdivision application or combining of lots by the Mayor and City Council, the City Manager shall certify such approval on the proposed plat plan. Four copies of the signed and approved plan shall be transmitted to the City Manager, two of which are for recordation and two of which are for retention by the City Manager for his/her records. The City Manager shall sign the required certification and affix the City Seal, such certification to be according to the following:
Any approval of a minor subdivision or combining of lots granted by the Mayor and City Council shall be rendered null and void if construction, conditions, or contingencies, if any, set by the Mayor and City Council are not substantially completed, and the certified plat plan is not recorded, within one year of Council approval. If approval expires under the terms of this section, the applicant may recommence the process by submitting a subdivision application and paying the costs and fees required for a new application. Such new application shall be subject to any changes in ordinances, regulations, and procedures since the original application was filed.
Extension of time may be granted by the Mayor and City Council if, prior to the end of such period, for good cause shown, the applicant requests such extension through the Building Official and after review and recommendation of the Planning Commission.