City of Lewes, DE
Sussex County
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Table of Contents
Table of Contents
No permit to erect, alter or repair any building upon land in a major subdivision may be issued, and no building may be erected in a major subdivision, unless and until both a subdivision site plan and an improvement construction plan have been approved pursuant to this chapter.
No work, grading, excavation, construction, erection or building shall be commenced or done within any major subdivision except in strict accordance with the provisions of this chapter and regulations adopted hereunder and pursuant to any approved subdivision site plan and improvement construction plan, provided that this section shall not prevent the making of geotechnical testing and/or borings, preliminary engineering investigations, and/or engineering surveys.
A. 
Initial application. Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity interested in applying for approval of a major subdivision of land located wholly or partially within the City of Lewes shall submit, in writing, to the Building Official for review by the Planning Commission, five complete copies, and as many additional copies as required by the Building Official, including electronic versions, of the following:
(1) 
Identity of applicant.
(a) 
If the applicant is a partnership, the applicant shall identify the name and address of each individual composing the partnership, including all limited partners.
(b) 
If the applicant is a corporation, the applicant shall identify:
[1] 
The name and address of each stockholder owning more than 10% of the stock of the corporation;
[2] 
The name and address of each officer; and
[3] 
The name and address of each member of the Board of Directors or other governing body.
(c) 
If the applicant is a limited liability company, the applicant shall identify the name and address of each member.
(d) 
If the applicant is an individual, the applicant shall identify his/her name and address.
(2) 
Conceptual plat plan. The applicant shall submit a conceptual plat plan, drawn to scale, addressing the requirements of this chapter and showing topography, boundaries, setbacks, layout of lots, new and existing streets, easements, rights-of-way, open spaces, existing structures, names of owners of adjacent properties, utilities, the proposed grading plan for all lots and open areas, and other pertinent features. All new streets shall be of sufficient width and proper grade, and shall accommodate the probable volume of traffic, afford adequate light and air, facilitate access of firefighting equipment to buildings, and provide a coordinated system of streets conforming to the City's plan of streets and alleys (including adequate ingress and egress from other public streets). Lots shall be of such character that they can be used for building purposes in accordance with Chapter 197, Zoning, without increasing danger to health or peril from fire, flood, or other hazards.
(3) 
Letter from Board of Public Works. The applicant shall submit a letter from the Board of Public Works indicating whether utilities are existing and available. Such letter shall further identify the status of the capacity of the utility systems for the project and the limitations and notations which the Board of Public Works has placed on the review and approval of plans.
(4) 
Fees.
(a) 
Fees specified on the City’s website shall be paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b) 
The applicant, upon submission of any major subdivision application, and prior to consideration of such application, and in addition to the application fees noted above, shall make a cash review fee deposit in an amount to be determined by the City of Lewes for the purpose of covering the costs incurred by the Board of Public Works and the City of Lewes in considering, examining, reviewing and making reports and recommendations concerning the major subdivision application. Once the applicant requests Council approval, the City of Lewes shall determine the cost which has been incurred in considering, examining, reviewing, and making reports and recommendations concerning the major subdivision application and shall deduct that cost from the deposit made by the applicant. If the deposit exceeds the cost incurred by the Board of Public Works and the City of Lewes, the remaining amount shall be refunded to the applicant by the City of Lewes without interest. If the deposit is less than the cost incurred by the Board of Public Works and the City of Lewes, the applicant shall pay such deficiency prior to any Council approval being issued by the Mayor and City Council.
(5) 
Notice. 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 major 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 initial application.
(6) 
Applicant's engineer's report. The applicant shall submit a report from the applicant's engineer addressing the following:
(a) 
Suitability of land for subdivision development.
(b) 
Floodplain level.
(c) 
Total area within boundaries.
(d) 
Total area in lots.
(e) 
Total area in streets, roads, culs-de-sac, etc.
(f) 
Total area in open areas (as applicable).
(g) 
Total number of lots and their approximate dimensions, clearly indicating on the plot that part which it is desired to record and showing in a distinctive manner, such as light dotted lines, the final future plans as proposed.
(h) 
Latest City assessment of property, per the City records, as well as an estimate of the assessments to be made of the following after development/subdivision:
[1] 
Land.
[2] 
Buildings.
(i) 
Estimates of off-site extensions of water mains, sewers, and paved streets for the following:
[1] 
The portion of the same to be recorded.
[2] 
The final future plan.
(j) 
All easements.
(k) 
New street names.
(l) 
Preliminary geotechnical and soil reports.
(m) 
Sussex County Tax Map number and parcel information.
(n) 
Property owner name and contact information.
(7) 
Zoning district classification. If a major subdivision application involves a request for a change in zoning district classification, formal consideration of the application will not be undertaken until rezoning is determined pursuant to Chapter 197, Zoning.
(8) 
Parcel classification. If a major subdivision application involves a parcel or lot that requires combining of existing parcels or lots or requires subdivision from a larger parcel or lot, the Planning Commission shall first address such combining or subdivision and, for the purpose of proceeding with review under this chapter, may approve such request subject to the condition that approval of the creation of the newly designated parcel shall not become final until Council approval of the subdivision site plan by the Mayor and City Council.
(9) 
Other reviews. The applicant shall indicate the status of any preapplication reviews required pursuant to Delaware Code, Title 29, Chapter 92,[1] or any other legally required review, as part of the initial application.
[1]
Editor's Note: See 29 Del.C. § 9201 et seq.
(10) 
Projects to be completed in phases. If the major subdivision application is for a project to be completed in phases, the applicant shall submit both a conceptual plat plan showing the proposed major subdivision in its entirety and a supplemental application for the section or phase within the proposed major subdivision to be developed and recorded. The procedure for considering a supplemental application shall be the same as for an initial application, except that once the conceptual plat plan showing the proposed major subdivision in its entirety is granted provisional approval pursuant to this chapter, and said provisional approval has not expired, review of each subsequent supplemental application for a deferred section or phase shall, upon payment of the application and review fees for the section or phase to be developed, begin with the conferences with the Board of Public Works and City Engineer and shall not require additional preliminary consent.
B. 
Expiration of application. An application for major 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 the application). If an application terminates under the terms of this subsection, the applicant may recommence the process by submitting a new initial 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.
C. 
Parks and Recreation Commission review. The applicant shall separately submit its conceptual plat plan to the Parks and Recreation Commission for review. The Parks and Recreation Commission shall review the effect on existing or proposed open space or adjacent park areas or other natural features within the City. The Parks and Recreation Commission shall submit its written report to the Planning Commission.
D. 
City Engineer and Board of Public Works report. After receiving the applicant's initial application, the City Engineer and Board of Public Works shall submit to the Planning Commission a report with their preliminary findings and recommendations, including any comments they may deem appropriate. This report shall include the following:
(1) 
A review, with comments, of the applicant's engineer's report.
(2) 
A statement regarding through streets and connections thereof with existing or probable future streets of adjoining properties.
(3) 
Endorsement or comment on suitability of land for proposed purpose.
(4) 
Verification or adjustment of cost estimates of items, if any, to be borne in whole or in part by the City or Board of Public Works during the construction process. This verification or adjustment shall be reviewed and approved by the City Manager and Board of Public Works General Manager.
(5) 
Certification that the conceptual plat plan is complete and in full accordance with the subdivision regulations, as well as fits into a plan for orderly development of the City. Deviations, if any, from subdivision regulations shall be noted and explained. This certification shall be reviewed and approved by the Building Official.
E. 
Planning Commission review. Upon receipt of the Parks and Recreation Commission and City Engineer and Board of Public Works first reports, the Planning Commission will arrange for an initial public hearing on the proposed major subdivision. The Planning Commission may conduct such meetings as it deems desirable before or after this public hearing in order to address possible alterations, changes, and modification of the proposed major subdivision. Notice of the time and place of the public hearing shall be published in a paper of general circulation in the City at least 15 days prior to the time and date of the hearing. The Planning Commission's review shall include, but not be limited to, consideration of the following:
(1) 
Compliance with the provisions of this chapter, Chapter 197, Zoning, and any other applicable provisions of the Municipal Code of the City of Lewes.
(2) 
Integration of the proposed major subdivision into existing terrain and surrounding landscape.
(3) 
Minimal use of wetlands and floodplains.
(4) 
Preservation of natural and historical features.
(5) 
Preservation of open space and scenic views.
(6) 
Minimization of tree and soil removal and grade changes, except to ease flood concerns.
(7) 
Screening of objectionable features from neighboring properties and roadways.
(8) 
Provision for water supply.
(9) 
Provision for sewage disposal.
(10) 
Prevention of pollution of surface water and groundwater.
(11) 
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.
(12) 
Provision for safe vehicular and pedestrian movement within the site and to adjacent ways.
(13) 
Effect on area property values.
(14) 
Effect on schools, public buildings and community facilities.
(15) 
Effect on area roadways and public transportation. The Planning Commission, by majority vote, may require a traffic impact study conducted by an outside agency at the expense of the applicant, should conditions warrant such a study.
(16) 
Compatibility with adjacent area land uses.
(17) 
Effect on area waterways.
(18) 
Whether estimated costs to be borne by the City during construction, if any, can be met from available City funds which reasonably may be anticipated to become available to the City and applicable to subdivision purposes.
(19) 
Whether the estimated expense to the City can be justified on the basis of estimated tax returns which would accrue to the City within a reasonable period of time.
(20) 
Recognition of scenic byways and walkability.
(21) 
Job creation.
(22) 
Providing diverse housing options.
F. 
Planning Commission action. The Planning Commission, as expeditiously as possible, but in no event later than 90 days following the initial public hearing, will reach a decision to either consent to or reject the initial application.
(1) 
In the case of a Planning Commission vote to reject the initial application, the Planning Commission shall submit a report, with reasons stated, to the Mayor and City Council for its consideration and disposition. The applicant shall be given a copy of the Planning Commission's report to Mayor and City Council. The Mayor and City Council shall consider the Planning Commission's report formally rejecting the initial application within a reasonable time, and may either accept it, reject it, or return it to the Planning Commission for further consideration. Should the Mayor and City Council disagree with the Planning Commission's report rejecting the initial application, the Mayor and City Council may reject the Planning Commission's report and instead grant the applicant "preliminary consent." Should the Mayor and City Council accept the Planning Commission's report rejecting the initial application, the initial application shall be deemed rejected. After an initial application is deemed rejected, 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.
(2) 
Planning Commission consent for the initial application shall be considered "preliminary consent."
(a) 
Notice, in writing, of preliminary consent will be given to the applicant, with copies thereof also provided to the Mayor and City Council and Board of Public Works.
(b) 
Preliminary consent of a major subdivision application shall be valid for 12 months. Unless Council approval is obtained within 12 months from the date of preliminary consent, the preliminary consent shall be deemed canceled. If the preliminary consent is canceled, the applicant shall be required to start the process anew. The Building Official, upon request and for good cause, may grant a maximum of two extensions of six months each from this twelve-month deadline. Each application for extension shall be filed with the Building Official at least 40 calendar days prior to the expiration date of the preliminary consent. The preliminary consent shall be deemed null and void if an extension request is not timely filed and the preliminary consent lapses.
(c) 
If the major subdivision application is for a project to be completed in sections or phases, the Planning Commission's report to the Mayor and City Council shall be divided into two parts:
[1] 
Recommended provisional approval of a conceptual plat plan showing the proposed major subdivision in its entirety; and
[2] 
Preliminary consent of the section or phase presently to be recorded. Applicants seeking approval for a phased development shall be subject to the following additional requirements:
[a] 
Provisional approval of the entire proposed major subdivision conceptual plat plan shall be a prerequisite of Mayor and City Council action regarding a section or phase to be developed and recorded. Such provisional approval shall not impose an obligation upon the City to approve deferred sections. Each supplemental application for a deferred section or phase shall be considered on its merits based upon the standards and Code requirements existing at the time the applicable supplemental application, including the requisite subdivision site plan and improvement construction plan, has been submitted for review and approval.
[b] 
All supplemental applications for sections and phases identified in the conceptual plat plan showing the major subdivision in its entirety shall be approved by the Mayor and City Council pursuant to this chapter within three years from the date of provisional approval. In the event the provisional approval shall expire, the Mayor and City Council, in its discretion, may deny further development or may reconsider the unrecorded sections or phases and require such alterations, changes, or modifications, and additional fees as the Mayor and City Council may deem appropriate as a condition for granting an extended provisional approval.
[c] 
A supplemental application must be presented by the applicant as each deferred section or phase is proposed for approval and recording. The presented supplemental application shall substantially comply with the conceptual plat plan previously granted provisional approval by the Mayor and City Council.
A. 
Complete application.
(1) 
Upon receiving preliminary consent from the Planning Commission, the applicant shall arrange for further conferences with the Board of Public Works and City Engineer regarding preparation and submission of a complete major subdivision application which shall include the following:
(a) 
Five stamped and sealed sets of subdivision site plans conforming with the plan requirements of this chapter, along with as many additional copies as required by the Building Official, including electronic versions.
(b) 
Five stamped and sealed sets of improvement construction plans conforming with the requirements of this chapter, along with as many additional copies as required by the Building Official, including electronic versions.
(c) 
Report of applicant's engineer.
(d) 
Estimates of cost, including costs to be borne in whole or in part by the City during construction, if any.
(e) 
Information required for the preparation of a legal description to the streets and other areas to be dedicated to public use.
(2) 
If the subdivision is to be developed and recorded in sections or phases, the foregoing items shall be prepared only for the section or phase presently to be recorded.
(3) 
No Council approval shall be given by the Mayor and City Council nor shall the Planning Commission recommend that the Mayor and City Council grant Council approval unless an entrance permit, if required by DelDOT, is received by the applicant and made a part of the record.
B. 
Subdivision site plan. The subdivision site plan required by this section shall show the nature and extent of all contemplated improvements and lots and shall comply with the following:
(1) 
Drafting standards.
(a) 
The scale shall be as approved by the City Engineer but not less than one inch equals 50 feet. Dimensions shall be in feet and decimals; bearings in degrees, minutes and seconds.
(b) 
Each sheet shall be numbered to show its relationship to the total number of sheets.
(c) 
Existing features shall be shown such that they are discernible from the proposed layout and features.
(d) 
Prints shall be made with black lines on white background.
(2) 
Information required.
(a) 
A title, consisting of name and address of the applicant, authorized agent, engineer, location and area of subdivision, date, scale, Sussex County Tax Map parcel numbers, number of lots, land area of development, zoning designation, proposed use, minimum lot size, minimum front yard, side yard, and rear yard setbacks, minimum lot width, maximum lot coverage in percentage, North arrow, and benchmark based on Delaware State Plane Coordinates, most recent designation, for horizontal control, and North American Vertical Datum, most recent designation, for vertical control.
(b) 
A legend, including, but not limited to, existing and proposed property lines/right-of-way lines, adjacent property lines, pavement, elevation contour, property markers, building setback lines, utility piping and appurtenances, soil test pits, and streetlights.
(c) 
Courses and distances for the legal description of all property lines shown on the plan, including lots.
(d) 
Names of adjacent property owners.
(e) 
Names, location, widths, curblines and right-of-way and curbline radii at intersection of existing and plotted streets.
(f) 
Location and size of existing sanitary sewers.
(g) 
Location and size of existing storm sewers, stormwater management system, watercourses, tax ditch, and drainage flow.
(h) 
Location and type of all existing topographical features which may affect proposed streets.
(i) 
Location and size of existing water mains.
(j) 
Location of existing electric, cable television, telephone, and other utilities.
(k) 
Contours at intervals of one foot.
(l) 
Layout of proposed streets, including names, rights-of-way and paved widths and widths of alleys, crossways and easements.
(m) 
Layout and dimensions of proposed lots and lot areas to the right-of-way line of the street.
(n) 
Parcels of land, such as additional right-of-way along old roads, intended to be dedicated and the conditions, if any, of such dedication or reservation.
(o) 
Tentative grades of proposed streets to an existing street, utilities, stormwater management system or to a point 400 feet beyond the subdivision boundaries.
(p) 
Tentative location and size of proposed sanitary sewers.
(q) 
Tentative location and size of proposed storm sewers, drainage ditches, watercourses or stormwater management system.
(r) 
Tentative location and size of proposed waterlines.
(s) 
Tentative location of proposed electric, cable television, telephone, and other utilities.
(t) 
Location of federal floodplains, federal wetlands and/or state wetlands.
(u) 
Required traffic study, if applicable.
(v) 
Vicinity Map: minimum one inch equals 1,000 feet.
(w) 
Certifications per Subsection G from this § 170-20.
C. 
Improvement construction plan. The improvement construction plan required by this section shall describe the improvements to be constructed and shall include the following:
(1) 
Streets.
(a) 
Horizontal plan.
[1] 
Center line with bearings, distances and curve data and stations corresponding to the profile.
[2] 
Right-of-way and curblines with radii at intersections.
[3] 
Beginning and end of proposed construction.
[4] 
Tie-ins by courses and distances to intersections of all roads, with their names and widths.
[5] 
Location of all monuments with references to them.
[6] 
Property lines and ownership of abutting properties.
[7] 
Contour lines at intervals not to exceed one foot.
[8] 
Location and size of all existing horizontal culture (trees, vegetation, man-made structures, etc.), drainage structures and utilities.
[9] 
North arrow and benchmark based on Delaware State Plane Coordinates, most recent designation, for horizontal control, and North American Vertical Datum, most recent designation, for vertical control.
[10] 
Construction notes.
[11] 
Location of all sidewalks, curb, gutter pan (if necessary), sidewalk ramps and crosswalks.
(b) 
Profiles.
[1] 
Profile of existing ground surface along center line and both right-of-way lines.
[2] 
Proposed center-line grade with percent of grade on tangents and elevations at fifty-foot intervals for grade intersections and either end of curb radii.
[3] 
Vertical curve data, including length of tangent elevations and corrections, with elevations at twenty-five-foot intervals for sharp vertical curves.
(c) 
Cross sections.
[1] 
Right-of-way width and location and width of paving.
[2] 
Subgrade type.
[3] 
Type and thickness of stone base course.
[4] 
Type, thickness and crown of paving, including a designation of binder and surface course paving types and thickness. Include cross-slope of paving.
[5] 
Type and size of curb.
[6] 
Grading of sidewalk area if determined necessary.
[7] 
Location, width, type, material, and thickness of sidewalks if determined necessary.
[8] 
Typical location of sewers and utilities with sizes.
(2) 
Sanitary sewers, storm drains and stormwater management system.
(a) 
Horizontal plan.
[1] 
Location and size of line with stations corresponding to the profile.
[2] 
Locations of manholes or inlets with pipe invert in and pipe invert out elevations and top of each manhole or inlet elevations.
[3] 
Property lines and ownership, with details of easements where required.
[4] 
Beginning and end of proposed construction.
[5] 
Location of laterals, Ys, cleanouts, etc.
[6] 
Location of all other drainage facilities and utilities.
[7] 
The scale shall be one inch equals 40 feet.
[8] 
A grading plan showing the disposal of stormwater and surface water.
[9] 
Location of lift station if necessary.
[10] 
Stormwater Structure Schedule describing the structure designation/name, rim elevation, and connected pipe invert in/invert out elevations.
[11] 
Stormwater Pipe Schedule describing the pipe designation/name, size, length, slope, and material of construction.
(b) 
Profiles (sanitary sewers and storm drains).
[1] 
Profile of existing ground surface with elevations at top of manholes or inlets or lift station, if necessary, or flow line, if necessary.
[2] 
Profile of storm drain or sewer, showing size of pipe, grade, casing pipe (if any), manhole or inlet locations, and invert in/invert out elevations at manholes/inlets.
[3] 
The scale shall be one inch equals 40 feet.
[4] 
Station numbers cross-referenced with plan view stations.
(3) 
Water mains.
(a) 
Horizontal plan.
[1] 
Location and size of line with stations corresponding to profiles.
[2] 
Locations of valves, fittings, fire hydrants and other appurtenances.
[3] 
Property lines and ownership, with details of easements where required.
[4] 
Dates of beginning and end of proposed construction.
[5] 
Location of service lines, curb stops, and water meters, etc.
[6] 
Location of all other drainage facilities and public utilities. Scale shall be one inch equals 40 feet.
(b) 
Profiles.
[1] 
Water main profiles should be coordinated with sanitary sewer profiles and can be shown on the same profile sheet.
[2] 
Profile of existing ground surface with elevations at valves.
[3] 
Profile of water main showing size of pipe, cover, bends, branch tees for fire hydrants or other mains, names of streets at street crossings, etc.
[4] 
The scale shall be one inch equals 40 feet.
(4) 
Electrical. Plan requirements are governed by the appropriate sections of the latest edition of the Specifications of the Board of Public Works of the City of Lewes.
(5) 
Plans for any underground cable (ex., telephone, cable television). Plan requirements are governed by the appropriate sections of the latest edition of the Specifications of the Board of Public Works of the City of Lewes.
(6) 
Blocks.
(a) 
Length. Blocks shall not exceed 1,200 feet in length.
(b) 
Crosswalks. Crosswalks may be required at or near the middle of a block and may also be required to give pedestrian access to schools, churches, business sections and similar community features. Crosswalks and sidewalk ramps must meet Americans with Disabilities Act (ADA)[1] requirements.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(c) 
Width. The width of blocks shall be such as to allow two tiers of lots. Where a block is subdivided into lots larger than the minimum as zoned, sufficient ground may be required to be set aside for streets and other public improvements to provide for the eventual breakdown of the block to the minimum zoning requirements.
(d) 
Business blocks. Business blocks shall be laid out so as to make sufficient provisions for future parking and delivery service.
(7) 
Lots.
(a) 
Conformance to zoning. Lots shall conform to the requirements of the Chapter 197, Zoning of the City of Lewes.
(b) 
Depth. Excessive depth in relation to width shall be avoided.
(c) 
Frontage and access. Each lot shall have frontage on and access to a street.
(8) 
Open areas.
(a) 
The developer may be required to provide an open area or areas that are recommended by the Planning Commission and approved by the Mayor and City Council. Ten percent of the total area to be developed will be considered the minimum amount to be set aside as open areas when required.
(b) 
The developer/owner/association shall provide for the development and maintenance of the open areas in accordance with specifications determined by the Planning Commission.
(c) 
Community assets. Due consideration shall be given to the preservation of large trees, natural groves, waterways, scenic points, historic spots and similar community assets in conjunction with a recommendation of the Parks and Recreation Commission for the City of Lewes.
(9) 
Bridges and other improvements. The plans shall contain sufficient information to provide complete working plans for the proposed construction.
(10) 
Suitability of land. No land may be subdivided regardless of permitted zoning if, upon investigation, it is determined that the site is unsuitable for dwelling purposes because of danger to health or peril from fire, flood or other hazard.
(11) 
Certificates. The approved improvement construction plan shall contain the following certificates:
(a) 
Professional engineer, registered with the Delaware Association of Professional Engineers, making the plan certifying to the accuracy thereof.
(b) 
The subdivider certifying his adoption of plan.
(c) 
Signature of the Board of Public Works and City Engineer that the plan conforms to applicable City standards.
D. 
City Engineer and Board of Public Works second report. The Board of Public Works and City Engineer shall submit to the Planning Commission a report to inform the Planning Commission of findings and recommendations regarding the complete major subdivision application, including such comments as the Board of Public Works and City Engineer may deem appropriate. The City Engineer and Board of Public Works' report shall include:
(1) 
A review with comments of the report of the applicant's engineer, the improvement construction plans, and subdivision site plans.
(2) 
Verification of adjustments of estimates of costs concerning:
(a) 
Expenses to be borne by the City, if any; and
(b) 
Improvement construction costs which will be the basis for determining the face amount of the performance guarantee.
E. 
Planning Commission review. The Planning Commission shall review the major subdivision application at an open meeting to confirm that the complete application and related plans comply with all requirements of this chapter. The Planning Commission shall thereafter submit a report with recommendations to the Mayor and City Council. This report shall be accompanied by:
(1) 
The City Engineer and Board of Public Works report;
(2) 
Five copies (to be provided by the applicant) of the subdivision site plan to be recorded, certified by the applicant, the applicant's engineer, the Board of Public Works, the City Engineer and the Chairman or other authorized members of the Planning Commission, with space for certification by the City Manager, along with as many additional copies as required by the Building Official, including electronic versions;
(3) 
Five copies (to be provided by the applicant) of the improvement construction plan, along with as many additional copies as required by the Building Official, including electronic versions; and
(4) 
The entrance permit, or a copy thereof.
F. 
Mayor and City Council review. Within 60 days of receiving the Planning Commission's report and recommendations on the major subdivision application, the Mayor and City Council shall consider the application at a public hearing. The Mayor and City Council, at its discretion, either prior or subsequent to such public hearing, may request a meeting with the applicant, the applicant's engineer, or the applicant's legal representative regarding alterations, changes, or modifications deemed desirable by the Mayor and City Council. Notice of the time and place of the public hearing shall be published in a paper of general circulation in the City at least 15 days prior to the time and date of the hearing.
G. 
Mayor and City Council action.
(1) 
The Mayor and City Council may take any of the following actions upon reviewing the major subdivision application at a duly noticed public hearing:
(a) 
Approve the major subdivision application, subject to the standard conditions outlined in this chapter.
(b) 
Approve the major subdivision application, subject to the standard conditions outlined in this chapter and such special conditions as may be imposed or directed.
(c) 
Deny the major subdivision application. Should the Mayor and City Council deny the major subdivision application, 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.
(d) 
Remand the major subdivision application to the Planning Commission for further review, along with an explanation of the reason for remanding the application.
(e) 
Suspend review of the major subdivision application pending one of the following:
[1] 
Further consideration by the Mayor and City Council.
[2] 
Receipt of certain additional information.
(f) 
In the case of a development or subdivision to be completed in sections or phases, grant or deny provisional approval of the conceptual plat plan showing the proposed major subdivision in its entirety, and grant or deny a supplemental application for the section or phase to be developed.
(g) 
In the case of a development or subdivision to be completed in sections or phases where provisional approval has already been granted by the Mayor and City Council, grant or deny a supplemental application.
(2) 
Notification, in writing, of approval taken by the Mayor and City Council will be transmitted promptly to the applicant, along with copies of such approval to:
(a) 
The Planning Commission;
(b) 
The Board of Public Works; and
(c) 
The City Engineer by the City Manager.
(3) 
Should the Mayor and City Council approve a major subdivision application, the City Manager, City Engineer, General Manager of the Board of Public Works, and the Chairperson of the Planning Commission shall certify such approval on the subdivision site plan to be recorded. Two copies of the signed and approved subdivision site plan shall be transmitted to the City Manager to be retained for the City's records. The City Manager, City Engineer, General Manager of the Board of Public Works, and the Chairperson of the Planning Commission shall sign the required certification or certifications, as the case may be, and affix the City Seal. The required certification shall be as follows:
(a) 
For a subdivision site plan to be recorded and developed in its entirety:
"It hereby is certified that this major subdivision site plan was approved by the Mayor and City Council of the City of Lewes, Delaware on_____ (date)_____ and accordingly is eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware."
(b) 
For a subdivision site plan to be recorded and developed in sections, the following certification shall be included on each of the separate plans:
[1] 
On a conceptual plat plan for the entire major subdivision granted provisional approval by the Mayor and City Council:
"It hereby is certified that this site plan was granted provisional approval, valid for three years, by the Mayor and City Council of the City of Lewes, Delaware, on _____ (date) _____, subject to timely presentation to the Mayor and City Council of successive sections thereof to be considered for approval. Only such section hereof as may be granted specific approval by the Mayor and City Council, and so certified by the City Manager, shall be eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware."
[2] 
On a subdivision site plan distinctively showing the section or phase thereof approved by the Mayor and City Council to be recorded and developed:
"It hereby is certified that the section or sections of this subdivision site plan distinctively shown hereon as the part to be recorded was/were granted approval by the Mayor and City Council of the City of Lewes, Delaware, on _____ (date) _____, and, accordingly, the section or sections so shown are eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware."
(4) 
The developer shall record the certified plan(s), within 90 days after Council approval. Prior to recording the subdivision site plan, now known as the "record plat," the developer shall ensure that the approved record plat to be recorded contains the following certificates:
(a) 
Certificate of the applicant's engineer, or land surveyor, that the plan represents a survey made by him and that dimensions and geodetic details are correct.
(b) 
The plan shall bear the following notarized certification, signed by the applicant:
"It is hereby certified that the undersigned are the owner and developers of the land shown on this subdivision site plan and that the streets, lanes, avenues, park areas and other areas hereon shown with the section approved for development are dedicated for the general use of the traveling public and for the use of the abutting property owners. This dedication, unless accepted by the City, shall impose no duty nor obligation upon the City of Lewes respecting the maintenance and improvement of the dedicated streets, lanes, avenues and other areas."
(c) 
Certification of the Board of Public Works and City Engineer that the plan conforms to the approved subdivision regulations.
(d) 
Certification of the Chairman or other authorized member of the Planning Commission that the plan has met with the approval of the Planning Commission.
(e) 
Certification by the City Manager that the plan was approved by the Mayor and City Council on the date shown.
H. 
Expiration of Council approval.
(1) 
A major subdivision Council approval granted by the Mayor and City Council shall be rendered null and void if construction is not commenced, and such construction and conditions or contingencies established by the Mayor and City Council are not met, within one year from the date of Council approval.
(2) 
If a project is developed in sections or phases, the deadline referenced in this section shall apply to the sections or phases which have received Council approval.
(3) 
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.
(4) 
Extension of time may be granted by the Mayor and City Council if, at least 90 days 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.
A major subdivision application approved by the Mayor and City Council shall be subject to the following standard conditions:
A. 
Completion of an improvement construction program in strict accordance with approved plans and specifications complete in every respect. 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 an approved extension thereof by resolution of the Mayor and City Council on recommendations of the City Engineer and Board of Public Works.
B. 
Insurance.
(1) 
The developer and any site contractor(s) shall obtain and keep in force until final action liability insurance coverage providing full protection of the City, its officials and employees against all damages or claims for damages occurring directly or indirectly by reason of the improvement construction program with the following minimum coverages:
(a) 
Bodily injury liability of $1,000,000 per person with an aggregate limit of $3,000,000 per occurrence;
(b) 
Property damage liability of $3,000,000; and
(c) 
Hazards coverage.
(2) 
The named insured shall be the developer, the site contractor, the City, the City Engineer, and the Board of Public Works. Building permits shall not be issued until insurance certificates are provided to both the City and the Board of Public Works. If insurance lapses for any reason, building permits and certificates of occupancy shall not be issued until insurance is in force.
C. 
Before any work is started or contract awarded, the developer must furnish a performance guarantee sufficient to cover 150% of the estimated cost of the work to be performed pursuant to the subdivision site plan and improvement construction plan. The performance guarantee shall be in a form acceptable to the Mayor and City Council (including but not limited to a surety bond or letter of credit).
D. 
The developer must submit any and all impact fees, permits, approvals, and licenses required by federal, state, county or municipal law.
E. 
Conveyance to third party. The developer shall not transfer or grant possession of any tract, parcel, or lot until the major subdivision project has received Council approval pursuant to this chapter, except that if the major subdivision is to be developed in sections or phases, the developer shall not transfer or grant possession of any tract, parcel or lot until the phase within which the tract, parcel, or lot is located has been granted Council approval pursuant to this chapter.
F. 
Work, grading, excavation, construction, erection or building shall be commenced or done within the major subdivision only after Council approval, in full compliance with all of the conditions of such approval; and in full compliance with the subdivision regulations, Chapter 70, Building Code, and Chapter 197, Zoning, and all other applicable ordinances of the City of Lewes and the laws of the State of Delaware; and after issuance of all applicable permits which shall be in effect.
G. 
Costs.
(1) 
The cost of constructing all grading, curb and gutters, subbase, base, traveling surfaces and sidewalks; all sanitary sewers, manholes, laterals, etc.; all water mains and appurtenances, such as valves, service lines, etc.; all stormwater management system facilities and appurtenances; and all electrical utilities and utility requirements and appurtenances shall be borne by the developer. If the subdivision is beyond the nearest City streets, City sewer main, City water main, City stormwater management conduits and/or City electric service, the developer shall be required to pay for all of the cost of extending the applicable services to the subdivision and to pay for all the off-site extensions.
(2) 
All work shall be subject to review, inspection, and approval by the City and Board of Public Works at all times. The developer shall reimburse the City and Board of Public Works for the costs of necessary review and inspections, including, but not limited to, the following items: conduct and prepare minutes for preconstruction conferences; obtain executed construction performance bond and insurance certificates; organize and review shop drawings and surveyor cut sheets; schedule, conduct, and prepare minutes for monthly progress meetings; resolve construction-related conflicts and questions; conduct a final inspection; prepare a final punch list; prepare as-built records from the contractor's set of as-built drawings; review final punch list and recommend City and BPW acceptance; provide resident field representation on a daily basis while work is completed; complete inspection at the end of the warranty period; and recommend final approval to the City.
H. 
Sediment and erosion control. The developer shall be responsible for constructing and maintaining sediment and erosion controls as required by the City, Board of Public Works, Sussex County, and the State of Delaware.
I. 
Failure to complete or maintain site improvements. If the developer fails to properly and promptly install and maintain site improvements in accordance with the improvement construction plan, the City Manager and BPW General Manager may put the developer on notice of the deficiencies. If the developer fails to remedy the deficiencies within the time specified in the City Manager's or BPW General Manager's notice, then the City or BPW may correct the deficiency and draw all costs from the performance guarantee, seek reimbursement from the developer, or pursue another remedy.
J. 
Right of entry. The developer shall allow the City and Board of Public Works access to all parts of the property undergoing development or involving construction as part of the subdivision, development, subdivision site plan, and improvement construction plan.
A. 
Administration. Approved applications and plans will be referred to the City Manager for administration and enforcement.
(1) 
Minor alterations. The City Manager, Building Official, Board of Public Works General Manager, and the City Engineer shall have authority to approve minor alterations of construction details as field conditions may require. They, however, shall not approve changes to boundaries of streets and other areas to which title has been transferred or for which agreement has been made to transfer to the City.
(2) 
Compliance with conditions of approval. Upon receiving notice of approval by the Mayor and City Council of a major subdivision application, the applicant, now referred to as the "developer," shall confer with the City Manager, City Engineer, Board of Public Works, and Building Official regarding compliance with conditions of Council approval. The developer shall also confer with these City officials regarding all construction procedures and reports until final action by the Mayor and City Council. A preconstruction meeting will be scheduled by the City Engineer, or Building Official, to address these, and other, matters prior to the commencement of construction.
(3) 
Samples, shop drawings, and surveyor cut sheets. The developer shall provide sample materials, upon request, to the City, BPW, and City Engineer to enable the City to ascertain whether the work is in conformity with this chapter. The developer shall submit shop drawings for all materials to be used, and surveyor cut sheets related to work installation, to the City Engineer for review and approval. No work shall be performed until the shop drawings and cut sheets are returned to the developer approved.
B. 
Notice to proceed. The developer shall not commence work until the City issues a notice to proceed confirming that the applicable requirements of this chapter have been met. The City shall not issue a notice to proceed until the Building Official or City Engineer has convened a preconstruction meeting or as many meetings as the Building Official or City Engineer deems necessary. The developer shall submit a construction schedule to the Building Official, BPW, and the City Engineer prior to the preconstruction meeting. The developer is responsible for updating the schedule as necessary, and for submitting the updated schedule to the Building Official and the City Engineer.
C. 
Notice of commencement of construction. The developer shall provide at least 72 hours' notice to the Building Official, BPW, and City Engineer before commencing construction to enable the Building Official or City Engineer to make adequate provisions for the proper inspection of construction.
D. 
Work performance. All work shall be in strict accordance with the approved plans and specifications now in effect or hereafter adopted relating to such type of work. All work shall be completed in a good and workmanlike manner. If any work is abandoned, or performed in violation of this chapter, the developer shall promptly act to cause the work to be completed properly.
A. 
Conditional acceptance. The developer may request conditional acceptance of facilities by the Board of Public Works and the Mayor and City Council when all utility systems, streets, and transportation improvements have been installed, inspected, tested, and approved by the Board of Public Works and City or, in the case of a subdivision recorded and developed in sections or phases, when all utility systems, streets, and transportation improvements in the approved section or phase have been installed, inspected, tested, and approved by the Board of Public Works and City, as follows:
(1) 
As-built plans.
(a) 
Upon completion of the improvement construction plan, the developer shall notify the City Manager of its request for conditional acceptance, and shall provide the City, BPW, and City Engineer as-built detailed plans of all utility systems, including any and all underground systems as follows:
[1] 
In an electronic format acceptable to the City, City Engineer, and Board of Public Works;
[2] 
Two white prints for filing in the office of the City Manager;
[3] 
One copy on Mylar reproducible material or alternative, acceptable to the City Engineer; and
[4] 
Four white prints for filing with the Board of Public Works.
(b) 
All location and elevation information shall also be furnished in electronic format compatible with the City's and Board of Public Works' Geographic Information System (GIS). The as-built plans shall include the following:
[1] 
Title as required for the subdivision site plan.
[2] 
Courses and distances for the legal description of all property lines shown on plan.
[3] 
Names of adjacent current property owners.
[4] 
Names, location, width, curb elevation or roadside drainage channel elevation if curbs do not exist where each property line intersects the right-of-way line, center line courses, distances and curve data, paving widths and curblines, right-of-way and curbline radii at intersections of all existing plotted and approved streets, alleys, rights-of-way and easements, and open areas, parks and public places or improvements within the land being subdivided.
[5] 
Location, elevation, material, and size of all monuments with reference to them.
[6] 
Layout and dimensions of lots with lot area to right-of-way line of streets, first floor elevations of all habitable structures, and sufficient spot elevations showing the disposal of stormwater and surface area.
[7] 
Location and size of sanitary and storm sewers, stormwater management systems, including manholes, inlets and house laterals, and top and invert elevations of manholes and inlets.
[8] 
Location and size of water mains, including service lines, valves, fire hydrants, and appurtenances.
[9] 
Location, materials, and appurtenances of electric utility.
[10] 
Location of natural gas lines.
[11] 
Other underground cable or other utility.
[12] 
All other information required under the plan requirements of this chapter.
[13] 
All locations noted above shall be confirmed via Global Positioning System (GPS) on Delaware State Plane Coordinates.
(2) 
The developer shall provide a maintenance bond in the amount of 10% of the construction costs.
(3) 
City Council and Board of Public Works review. The Mayor and City Council and Board of Public Works shall review the as-built plans to determine whether the requirements of this chapter have been met and conditional acceptance is appropriate.
(4) 
Maintenance. After the Mayor and City Council and Board of Public Works authorize conditional acceptance, the developer shall be responsible for the following until final action and official release of the maintenance bond, including repairs, if necessary, and other reasonable provisions for the convenience and safety of the public and traffic:
(a) 
Streets and sidewalks, including responsibility for the removal of snow from streets;
(b) 
Sanitary sewers, sewer lines, manholes, laterals, etc.;
(c) 
All water mains, lines, and appurtenances, such as valves, service lines, etc.;
(d) 
All stormwater management system facilities and appurtenances;
(e) 
All electrical utilities, lines and utility requirements and appurtenances; and
(5) 
Initial building permit and house occupancy permit. The City Manager shall notify the Building Official when a developer has complied with subdivision requirements and is eligible to obtain an initial building permit for construction within a subdivision.
A. 
Request for final action. The developer shall submit a request for final action to the City Manager within 90 days after completion of the improvement construction plan or, in the case of a subdivision recorded and developed in sections and phases, within 90 days after completion of the improvement construction plan for the final section or phase of the major subdivision approved pursuant to this chapter. The developer shall, prior to final action, provide deeds and other documentation conveying fee-simple land to the City of Lewes for all sewers, streets, roads, improvements and other areas dedicated to the City, as well as establishing ownership of such sewers, streets, roads, improvements, and other areas free and clear of all liens, claims, encumbrances, and restrictions.
B. 
Upon receiving the developer's request for final action, the City Manager shall arrange with the City Solicitor the preparation of all appropriate resolutions, ordinances, deeds of easement, bills of sale, and any other documents necessary for final action, including the following:
(1) 
Documents, other than deeds conveying fee-simple land, to transfer streets, open areas, site utilities, and other areas dedicated to public use within the major subdivision.
(2) 
Documents authorizing and directing the incorporation of the streets and open areas on the Official City Map.
C. 
Mayor and City Council action. Upon receiving certification from the City Engineer that site improvements have been inspected and approved as complete, and certification from the City Solicitor that all documents necessary for the transfer of the streets, open areas, and site utilities are complete, the Mayor and City Council shall consider taking final action by a resolution authorizing the following:
(1) 
Accepting all site utilities, streets, and open areas in accordance with the improvement construction plan.
(2) 
Releasing the maintenance surety bond or letter of credit.
D. 
Recording documents. After the Mayor and City Council authorizes final action, the City Manager shall arrange with the City Solicitor to record in the office of the Recorder of Deeds in and for Sussex County documents necessary for the transfer of the streets, open areas, and site utilities to the City. The City may bill the developer for the costs necessary to record these documents.
E. 
Developer guarantee. The developer shall provide the City and Board of Public Works a construction guarantee for the correction of all defects and deficiencies in the improvement construction plan constructed or installed by the developer that occur or become evident within one year after final action.