This chapter shall be known and may be cited
as the "City of Rehoboth Beach Land Subdivision Ordinance."
A.
The purpose of this chapter shall be to provide rules,
regulations and standards to guide land subdivision in the City in
order to promote the public health, safety and convenience and the
financial and general welfare of the City. It shall be administered
to ensure orderly growth and development, the conservation, protection
and proper use of land, and adequate provision for vehicular and pedestrian
traffic, utilities and services of and in the City.
B.
These subdivision regulations shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the City. Any action taken by the Planning Commission
under the terms of this chapter shall give primary consideration to
the above-mentioned matters and to the welfare of the entire community.
As used in this chapter, unless the context
indicates otherwise, the following terms shall have the meanings indicated:
The lands required for the installation for 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.
The final map of all or a portion of the subdivision which
is presented to the Planning Commission 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.
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 with access to an accepted public
street of record.
All subdivisions not classified as partitionings or minor
subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the City and which shall have been duly
adopted by the Planning Commission.
Includes any subdivision containing three or more lots fronting
on an existing state, county or municipal street, not involving any
new street or road or the extension of any City or county facilities,
or which does not directly affect drainage on a county road, and not
adversely affecting the development of the remainder of the parcel
or adjoining property.
A map adopted pursuant to Chapter 7, Title 22, Delaware Code
of 1953. Such a map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
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 City 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 Planning Commission or
other approving body approves a plat, including performance bonds,
escrow agreements and other similar collateral or surety agreements.
The map of a subdivision.
The examination of the specific development plans for a parcel,
including all pertinent information required in this chapter. Wherever
the term "site plan approval" is used in this chapter, it shall be
understood to mean a requirement that the site plan be reviewed and
approved by the Planning Commission.
[Added 6-19-2009 by Ord. No. 0609-02]
The map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article II of this chapter.
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county or City roadway,
or a street or way shown upon a plat. For the purpose of this chapter
streets shall be classified as follows:
ALLEYS, DRIVEWAYS or AISLESMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
MARGINAL ACCESS STREETSMinor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
MINOR STREETSThose which are used primarily for access to the abutting properties.
Any person, trust or any other legal entity commencing proceedings
under this 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. The following
divisions shall not be considered subdivisions, provided, however,
that no new streets or roads are involved: divisions of land for agricultural
purposes where the resulting parcels are three acres or larger in
size, divisions of property by testamentary of intestate provisions
or divisions of property upon court order. "Subdivision" also includes
resubdivision and, where appropriate to the context, relates to the
process of subdividing or to the lands or territory divided.
[Amended 10-11-1985 by Ord. No. 1085-2; 11-9-1990 by Ord. No. 1190-1; 2-18-2003 by Ord. No. 0203-3; 4-9-2004 by Ord. No. 0404-02; 3-20-2006 by Ord. No. 0306-02; 4-17-2015 by Ord. No. 0415-03; 9-15-2023 by Ord. No. 0923-01]
The following fees shall be applicable to this
chapter:
A.
If, before final approval has been obtained, any person transfers, sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Commission is required to act, such person shall be subject to a fine as provided in Chapter 1, General Provisions, § 1-27 of this Code. Each parcel, plot or lot so disposed of shall be deemed a separate violation.
B.
In addition to Subsection A hereof, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit, the City may institute and maintain a civil action for injunctive relief.
C.
In any 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 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.
[Amended 8-20-2007 by Ord. No. 0807-01[1]]
A.
If any person shall be aggrieved by the final action
of the Planning Commission, an appeal of the entire final action of
the Planning Commission in writing to the Commissioners may be taken
within 10 days after the date of the final action of the Planning
Commission by filing with the Commissioners a written notice of appeal
consisting of a general statement of the grounds for appeal and the
grounds upon which the person filing the appeal believes they have
been aggrieved. For the purposes of this section, a final action of
the Planning Commission shall mean a vote of the Planning Commission
to approve an application, with or without conditions, or to deny
an application. The following appeal procedures shall apply:
(1)
Upon receipt of the required written notice of appeal,
the Commissioners shall schedule an appeal hearing within 60 days
or as soon thereafter as practical, whereat the Planning Commission,
the appellant, and the applicant, if different than the appellant,
shall be afforded an opportunity to be heard. The Commissioners shall
provide public notice of the hearing.
(2)
Any person who provided written or oral testimony
during the Planning Commission’s public hearing upon the application
that is the subject of the appeal may restate their position as previously
stated on the record.
(3)
The appeal shall be an appeal on the record of the hearing before the Planning Commission. The record shall consist of all written and oral evidence and legal arguments properly submitted at or for the hearing prior to the final action as well as the Planning Commission’s deliberations and decision thereon, except that such record shall also include the Planning Commission’s decision denying any reconsideration as set forth in Subsection D(1) below. Evidence and legal arguments not on the record of the hearing before the Planning Commission may not be presented to the Commissioners in writing or orally.
(4)
The Planning Commission, the appellant, and the applicant,
if different than the appellant, may provide a written submission
of not more than 10 pages to the Commissioners and other parties to
the appeal not later than 21 days prior to the scheduled appeal hearing
before the Commissioners. The Planning Commission, the appellant,
and the applicant, if different than the appellant, may provide an
additional written submission in response to any original submission
of another party to the appeal of not more than 10 pages to the Commissioners
and all other parties to the appeal not later than seven days prior
to the scheduled appeal hearing before the Commissioners.
(5)
After the appeal hearing the Commissioners may, by
recorded vote of a majority of the Commissioners, take one of the
following actions relying upon the record of the hearing before the
Planning Commission and the authorized written, and oral submissions:
(a)
Affirm the final action of the Planning Commission,
in whole or in part;
(b)
Reverse the final action of the Planning Commission,
in whole or in part;
(c)
Remand the whole matter to the Planning Commission
for further review and consideration and a new final action, and,
if the Commissioners consider it necessary, they may direct that the
Planning Commission hold a new hearing, specify directions for the
Planning Commission, and direct the Planning Commission to issue a
written decision containing findings and conclusions following any
new hearing. The Commissioners may not remand an application more
than one time. All appeals from a final action of the Planning Commission
that has been once remanded shall be made in writing to the Commissioners
within 10 days after the date of the final action on remand of the
Planning Commission. The appeal procedures in this Section shall apply;
or
(d)
Modify the final action of the Planning Commission.
(6)
The Commissioners shall review the record using the
arbitrary and capricious standard by determining if the final action
of the Planning Commission was reasonable, and the result of an orderly
and logical review of the evidence and involved a proper interpretation
and application of the applicable provisions of the Code of the City
of Rehoboth Beach.
B.
The fee for filing an appeal to the Commissioners
shall be $150 and shall be payable to the City of Rehoboth Beach on
the date of filing the notice of appeal.
C.
Any person aggrieved by the decision of the Commissioners
may appeal to the appropriate Court, but only after all remedies made
available under this chapter have been exhausted.
D.
Within 10 days after the date of the final action
of the Planning Commission, an applicant may request in writing that
the Planning Commission reconsider a condition imposed by the Planning
Commission, as part of its final action approving an application,
on the basis of newly discovered evidence or new legal arguments which
by due diligence could not have been discovered or presented earlier,
subject to the following provisions:
(1)
There shall be no appeal from the decision of the
Planning Commission on a request for reconsideration;
(2)
The time permitted to appeal the final action of the
Planning Commission shall not be stayed due to a request for reconsideration;
(3)
An appeal of the final action of the Planning Commission
may be taken concurrently with a request for reconsideration, but
in such circumstances no appeal hearing before the Commissioners shall
occur until after the Planning Commission has acted on the request
for reconsideration. The Planning Commission’s consideration
of, and action upon, a request for reconsideration shall become part
of the record; and
(4)
An applicant is not required to make a request for
reconsideration prior to appealing the final action of the Planning
Commission.
[1]
Editor's Note: This ordinance provided that
all subdivision applications duly filed prior to the effective date
of this ordinance shall not be subject to the provisions of this ordinance.
[Added 5-17-2019 by Ord.
No. 0519-07]
Notwithstanding any other provision of the Rehoboth Beach Code
to the contrary, any application submitted for a major subdivision,
minor subdivision, site plan approval, partitioning or other division
of land pending at the time of adoption Ordinance Nos. 1016-02 and
1116-01[1] and which are not finally approved as of April 1, 2019,
shall comply with all requirements of Ordinances 1016-02 and 1116-01
prior to obtaining final approval and recordation.
[1]
Editor's Note: See §§ 270-46.1.1 and 270-23.1, respectively.
