It is the intent of the following subdivision
regulations to reduce unnecessary burdens for minor land subdivision
and at the same time require appropriate land use review and approval
of any new or proposed road, subdivisions, or land development before
it is invested in recordation by Kent County. The following land use
actions may be approved administratively, unless otherwise determined
by the Director of Planning Services or designee.
A minor subdivision is one that creates a total
of five or fewer parcels of land (including any residual) either on
an existing public roadway or on a private road and may be approved
administratively, provided:
A. All separate parcels in existence on October 11, 1994,
shall be considered original tracts.
B. Minor subdivisions shall be subject to the review process and procedures in §
187-33 below.
C. Minor subdivision plans shall contain all information
as required by Appendix C, Administrative Plan Requirements, at the
end of this chapter.
The consolidation of two or more lots may be
approved administratively, provided:
A. Any conditions applicable to any applicable original
subdivision remain in full force and effect;
B. The consolidation of lots, including those within major subdivisions, shall be recorded as provided in §
187-33 below and may not be resubdivided except through minor subdivision;
C. A revised deed must also be recorded simultaneously
with the consolidation describing the lots as one lot; and
D. The owner submits a sketch plan for review and approval
by the Commission's staff. The sketch plan may be a copy of the existing
record plan, which must contain all information as required by Appendix
C at the end of this chapter.
The creation of mortgage, or lease line within
a commercial, industrial, or multifamily residential lot does not
require the approval of a new subdivision plan. At the owner's discretion,
a plan depicting the creation or deletion of internal lots to reflect
a new mortgage or lease line may be recorded after administrative
approval, provided:
A. All prior conditions of approval for the original
subdivision remain in full force and effect;
B. Any necessary cross-easements, covenants, or other
deed restrictions necessary to perpetuate previous approvals must
be executed prior to recording the record plat;
C. The owner submits a sketch plan for review and approval
by the Commission's staff. The sketch plan may be a copy of the existing
record plan, which must contain all information as required by Appendix
C at the end of this chapter.