City of Rehoboth Beach, DE Article II Approval Procedure

§ 236-7 Approval required; expiration of approval.

[Amended 10-8-1999 by Ord. No. 1199-1]

A. The owner of any lands within the City shall apply for and obtain the approval of the Planning Commission, in accordance with this article, before subdividing or resubdividing any land within the City.

B. The approval for a subdivision shall expire within six months of the date of the decision or approval by the Planning Commission, unless the applicant has fulfilled all of the conditions mandated by the Planning Commission as a contingency of its approval. The Planning Commission may grant one extension of this time period for up to three months based on good cause.

C. Notwithstanding Subsection B herein, the following shall apply to major subdivisions:

[Added 8-17-2012 by Ord. No. 0812-01]

(1) If construction has not commenced within one year from the date of Planning Commission approval, such approval shall become void. The Planning Commission may, at the time of final approval, grant a longer period of time for commencing construction if in its judgment the subdivider has shown good cause. For purposes of this section, commenced construction shall mean the subdivider has begun a continuous program of construction.

(2) The improvements identified in Article IV, Improvements, and any other improvements required by the Planning Commission, shall be completed within two years of Planning Commission approval, unless, because of the size and/or complexity of the improvements, a longer period of time for completion is granted by the Planning Commission at the time of final approval. If the improvements are not completed within the time period set out in this Subsection C(2), the City may exercise any legal remedy to complete the improvements.

(3) After final approval, the subdivider may apply to the Planning Commission for an extension of the time periods included in this subsection to commence construction or complete the improvements of up to one year, and the Planning Commission may grant an extension upon good cause shown.

§ 236-8 Submission of application including sketch plat.

[Amended 6-9-1995 by Ord. No. 695-3; 10-8-1999 by Ord. No. 1199-1]

A. The owner of land within the City, defined as the person or entity that is the named record owner of the land pursuant to the City’s tax records, who desires to subdivide such land shall submit to the Planning Commission a fully executed application on a form approved by the Planning Commission and supplied by the City, in paper form and in digital format acceptable to the City. The application must be executed by the owners of the land or an authorized representative for whom the owners have executed a notarized affidavit giving authority to the representative to execute the application and to proceed on behalf of the owners of the land for the subdivision application before the Planning Commission. The aforesaid affidavit shall be on the form approved by the Planning Commission and supplied by the City. Notwithstanding the requirements of any other section of this chapter, every application for subdivision of land shall be accompanied by a sketch plat which will form a part of the application. All applications shall be filed with the City’s Building and Licensing Department.

[Amended 11-15-2004 by Ord. No. 1104-02[1]; 4-16-2021 by Ord. No. 0421-01]

[1] Editor's Note: This ordinance also repealed former Subsection B, as amended, and redesignated former Subsections C and D as B and C, respectively.

B. The sketch plat shall be a survey attested to by a registered land surveyor licensed by the State of Delaware or other qualified professional authorized to practice land surveying by the State of Delaware. Said survey shall have been completed within the six months preceding the date of the application. Said survey must contain the following:

(1) The applicant's entire property as described on the application.

(2) Indication of the new lots to be created and showing the entire frontage.

(3) Location on the property of all applicable existing and proposed buildings or structures on land described on the application; drainage ditches; streams, both surface and subterranean; all existing streets or roads abutting the property to be subdivided; and easements (along with a copy of said easement).

(4) Proposed grade elevations for new lots.

C. Each sketch plat shall also include a copy of such private deed restrictions, including building setback lines, as may 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 Planning Commission 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 Planning Commission.

§ 236-8.1 Procedures for consideration of application.

[Added 11-15-2004 by Ord. No. 1104-02]

A. An application for a partition, or a minor subdivision, or lot consolidation shall be placed on a meeting agenda of the Planning Commission for a preliminary review of the application, except as permitted by this section. The scheduling of this preliminary review shall be at the discretion of the Chair of the Planning Commission in consideration of the ongoing workload of the Commission; however, such preliminary review shall not be held until a minimum of 28 days from the date of filing of the application. Applications shall be placed on the agenda in the order of their submission. The Chair of the Planning Commission shall not unreasonably delay scheduling the preliminary review.

[Amended 9-15-2023 by Ord. No. 0923-01]

(1) Upon a recommendation from the Building Inspector that an application proposes a partitioning of lots to their originally plotted configuration as shown on a legally created plat recorded in the Sussex County Office of the Recorder of Deeds and which plat has been recognized by the City, the Chair of the Planning Commission may determine that preliminary review is not required and schedule the hearing required under § 236-28.

(2) Upon a recommendation from the Building Inspector that all parcels that are the subject of an application for lot consolidation under § 236-10 meet all the requirements of § 270-22 of Chapter 270, Zoning, the Chair of the Planning Commission may determine that preliminary review is not required and schedule the hearing required under § 236-28.

B. Purpose of preliminary review; incomplete applications; refiling.

(1) The purpose of the preliminary review meeting is:

(a) For the Planning Commission to determine if the application is substantially complete and accurate as submitted so as to warrant further consideration;

(b) To receive preliminary input from adjoining property owners and the public;

(c) In the case of an application determined to be substantially complete and accurate, to determine whether additional information is needed from the applicant or others and whether there are legal or factual issues that need further clarification prior to final action by the Planning Commission at a subsequent meeting; and

(d) To determine whether the proposed subdivision meets the definition of partitioning or minor subdivision as defined in § 236-3.

(2) If the Planning Commission at the preliminary review meeting determines that an application is not substantially complete and accurate, said application shall be returned to the applicant for refiling, and if refiled the above process pursuant to Subsection A of this section shall begin again. If the Planning Commission determines that the proposed subdivision is not a partitioning or minor subdivision as defined in § 236-3, then the Commission shall return it to the applicant for refiling as a major subdivision.

C. For an application at the preliminary review meeting that the Planning Commission has determined to be substantially complete and accurate and for which the applicant has submitted the additional information as requested by the Planning Commission within the time so specified, the Planning Commission shall place said application on the agenda at a subsequent meeting, for a public hearing on the application and action by the Planning Commission. The scheduling of this public hearing shall be at the discretion of the Chair of the Planning Commission in consideration of the ongoing workload of the Commission. Further reasonable extensions of time for the Planning Commission to act on the application, to receive further information, to deliberate, or for other purposes may occur by a majority vote of the Planning Commission members then present.

D. The application for partition or minor subdivision of a parcel of land shall not be considered by the Planning Commission if within the twelve-month period immediately preceding the application the subject parcel was the subject of a subdivision application that was denied by the Planning Commission. However, this limitation shall not be applicable if the majority of the Planning Commission members then present find the facts and circumstances existing at the time of their prior decision have undergone a substantial change justifying their reconsideration, or if the prior application was returned for refiling as a major subdivision.

E. The procedure for the consideration of major subdivisions shall be that found in §§ 236-11 and 236-12.

§ 236-8.2 Consolidation of lots.

[Added 4-19-2024 by Ord. No. 0424-02]

A. Two or more lots under common ownership shall be consolidated into a larger single lot when the multiple lots are utilized as one parcel, as evidenced through the placement of a structure, structures, or other improvements thereon, or when the multiple lots are expressly consolidated to comply with the provisions of Chapter 270.

B. No lots may be consolidated unless the lots are under common ownership (as demonstrated by common legal title).

C. No permit shall be issued when two or more lots must be consolidated to comply with the provisions of Chapter 270 until the owner of the lots has executed a lot consolidation affidavit provided by the City acknowledging the consolidation of the lots into a larger single lot, and the affidavit is recorded in the Sussex County office of the Recorder of Deeds.

D. Lots consolidated pursuant to this chapter, or previously consolidated consistent with the provisions of this chapter, may be resubdivided to their originally plotted lot configuration, upon approval by the Planning Commission, either:

(1) By demonstrating it is not necessary to consolidate the multiple lots to comply with the provisions of Chapter 270; or

(2) By demonstrating that:

(a) But for the requirements of § 270-22A, it is not necessary to consolidate the multiple lots to comply with the provisions of Chapter 270; and

(b) Each of the lots, as originally plotted, conform to the requirements of § 270-22A(3).

E. Notwithstanding anything contained in this chapter or Chapter 270 to the contrary, in all residential districts, no lots may be consolidated unless all such combined lots shall have contiguous and continuous frontage on the same street.

§ 236-9 Partitioning of land.

[Amended 10-8-1999 by Ord. No. 1199-1]

A. Application for approval of a partitioning as classified by the Planning Commission shall be made on forms supplied by the Planning Commission, together with an original survey in accordance with the provisions of § 236-8 showing the property divided and showing the entire frontage, to the City Manager for the acceptance of fees and recording prior to forwarding by the City Manager to the Planning Commission. The application shall be submitted in paper form and in digital format acceptable to the City.

[Amended 4-16-2021 by Ord. No. 0421-01]

B. The application shall be accompanied by a fee in the amount specified in § 236-4, Fee schedule.

C. When required by the Planning Commission, the applicant shall submit one copy of a map showing his entire property.

D. Applications for approval of a partitioning which subdivides land in a business zone shall be referred to the Planning Commission for its review and authorization of approval.

E. Partitioning applications which are found to meet all the requirements of this chapter and Chapter 270, Zoning, shall be approved by the Planning Commission.

F. The Planning Commission shall make a report of all partitionings at each regular meeting of the Commissioners. A copy of this report shall be sent to the Building Inspector.

G. A copy of the final plat approved by a final action of the Planning Commission, and prepared in accordance with the provisions of § 236-8 and containing such conditions as may be required by the Planning Commission shall be filed by the applicant whose application has been approved with the office of the Recorder of Deeds in and for Sussex County within 90 days from the date of such approval. A copy of the recorded final plat shall be provided to the Planning Commission, the Board of Assessment, the Building Inspector and the City Manager, and shall be kept on file by them. If any final plat is not filed within this period, the approval shall expire. The Planning Commission for good cause shown may extend the time for final plat filing for a period not to exceed 90 days.

[Amended 6-18-2007 by Ord. No. 0607-02]

H. No plat shall be filed for the development of a subdivision in the office of the Recorder of Deeds for Sussex County unless it has been duly approved by the City.

[Added 6-18-2007 by Ord. No. 0607-02]

§ 236-10 Minor subdivisions; consolidation of lots.

[Amended 10-8-1999 by Ord. No. 1199-1; 6-18-2007 by Ord. No. 0607-02; 4-16-2021 by Ord. No. 0421-01; 9-15-2023 by Ord. No. 0923-01]

A. Application for approval of a minor subdivision or consolidation of two or more contiguous lots into a single larger lot, as defined in this chapter or as classified by the Planning Commission, shall be made on forms supplied by the Planning Commission and submitted in accordance with the provisions of § 236-8 to the City Manager for acceptance of fees and recording prior to forwarding by the City Manager to the Planning Commission. The application shall be submitted in paper form and in digital format acceptable to the City.

B. The application shall be accompanied by a fee in the amount specified in § 236-4, Fee schedule.

C. The applicant shall supply the original survey and two copies in accordance with the provisions of § 236-8.

D. The Planning Commission shall review the application and all the required material, making certain that all requirements set forth by this chapter and Chapter 270, Zoning, have been satisfied.

E. If the Planning Commission disapproves an application, two copies of the reasons shall be returned with the applicable survey to the applicant. Reasons for disapproval shall be remedied prior to resubmission.

F. A copy of the final plat approved by a final action of the Planning Commission, and prepared in accordance with the provisions of § 236-8 and containing such conditions as may be required by the Planning Commission shall be filed by the applicant whose application has been approved with the office of the Recorder of Deeds in and for Sussex County within 90 days from the date of such approval. A copy of the recorded final plat shall be provided to the Planning Commission, the Board of Assessment, the Building Inspector and the City Manager, and shall be kept on file by them. If any final plat is not filed within this period, the approval shall expire. The Planning Commission for good cause shown may extend the time for final plat filing for a period not to exceed 90 days.

G. No plat shall be filed for the development of a subdivision, and no deed that consolidates two or more lots shall be filed in the office of the Recorder of Deeds for Sussex County unless it has been duly approved by the City.

§ 236-11 Preliminary review of major subdivisions.

A. Prospective applicants for an approval of a major subdivision, as defined in this chapter and/or as classified by the City Manager, may request review and discussion by the Planning Commission by submitting, in duplicate and prior to a regular Planning Commission meeting, a sketch map of the proposed major subdivision to the City Manager. Such 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 which will assure legibility. The Planning Commission and the subdivider shall review and discuss the problems peculiar to the area and their recommended solutions, and the Planning Commission shall, from experience, knowledge and technical assistance, guide the planning of the subdivision.

B. Following such a review and discussion of the sketch map, the Planning Commission shall return one copy of the sketch map together with a letter advising the subdivider of all conclusions and recommendations.

§ 236-12 Approval procedure for major subdivisions.

[Amended 10-8-1999 by Ord. No. 1199-1]

Approval of a major subdivision shall be in accordance with the following procedure:

A. Application for approval of a major subdivision shall be presented by the owner or his agent to the City Manager on forms supplied by the Planning Commission on or before 28 days prior to the next regular meeting of the Planning Commission. The application shall be submitted in paper form and in digital format acceptable to the City.

[Amended 1-20-2004 by Ord. No. 0104-03; 4-16-2021 by Ord. No. 0421-01]

B. The application shall be accompanied by:

(1) The original survey of the plat plan and six copies thereof, drawn in accordance with § 236-13;

(2) Three copies of all other material as required by this chapter, § 236-4, and as noted on the application form supplied by the Planning Commission; and

(3) A fee in the amount specified in § 236-4, Fee schedule.

C. The City Manager shall receive the application and other required maps and material and shall acknowledge receipt in the proper space on the reverse of each copy of the application. He shall return one to the owner or his agent as his receipt, file one as his record of receipt and forward the third together with the survey and prints of the plat plan and other required material to the Secretary of the Planning Commission.

D. The Secretary 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 Secretary shall so advise, in writing, and return all material received, except the application, for resubmission.

(2) If all required material is in order, place the application on the agenda of the next regular meeting of the Planning Commission for its review and setting of the date of public hearing.

E. The Planning Commission shall review the application for approval of a major subdivision and all the required material, making certain that all the requirements and conditions set forth in the letter of conclusions and recommendations following review and discussion as may be elected by this chapter and Chapter 270, Zoning, have been satisfied. If the owner or his agent has failed to satisfy all requirements, the Planning Commission shall so advise, in writing, and return all material required, except the application and one copy of the plat plan, for correction or addition thereto and resubmission.

F. The Planning Commission shall act on an application for approval of a major subdivision which it has found to be in order within a reasonable time period, but in no case before the public hearing shall have been held.

(1) In all cases, the recommendations of those attending a public hearing shall be given careful consideration in the final decision of the Planning Commission.

(2) If the Planning Commission shall disapprove a plat, the Planning Commission shall advise the owner, in writing, of the reasons for disapproval and shall return, together with the letter, all material received, except the application and one copy of the plat plan. The reasons for disapproval shall be remedied prior to resubmission.

(3) Upon final approval by the Planning Commission of any application, the members of the Planning Commission approving such application shall sign the survey of the plat plan and the application and shall have printed five copies of the plat plan for distribution to the City Manager, the Board of Assessment and the Building Inspector.

(4) After these prints have been delivered, the survey and one copy of the application shall be delivered to the owner or his agent.

(5) A copy of the final plat approved by a final action of the Planning Commission, and prepared in accordance with the provisions of § 236-8 and containing such conditions as may be required by the Planning Commission shall be filed by the applicant whose application has been approved with the office of the Recorder of Deeds in and for Sussex County within 90 days from the date of such approval. A copy of the recorded final plat shall be provided to the Planning Commission, the Board of Assessment, the Building Inspector and the City Manager, and shall be kept on file by them. If any final plat is not filed within this period, the approval shall expire. The Planning Commission for good cause shown may extend the time for final plat filing for a period not to exceed 90 days.

[Amended 6-18-2007 by Ord. No. 0607-02]

(6) 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 City.[1]

[Amended 6-18-2007 by Ord. No. 0607-02]

[1] Editor's Note: Former Sec. 17-13, Failure to act deemed approval, and Sec. 17-14, Appeal to Commissioners, which immediately followed this subsection, were repealed 10-8-1999 by Ord. No. 1199-1.