Town of Millsboro, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Millsboro 7-7-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
Floodplain management — See Ch. 109.
Housing standards — See Ch. 125.
Sewers — See Ch. 161.
Water — See Ch. 206.
Zoning — See Ch. 210.
[1]:
Editor's Note: This chapter superseded former Ch. 178, Subdivision of Land, comprised of former Art. I, Furnishing Utility Services, adopted 4-7-1986, and former Art. II, General Provisions, adopted 11-7-1988, as amended.
This chapter shall be known as the "Subdivision and Land Development Ordinance" and/or the "Subdivision Ordinance or Code."
A. 
The purpose of this chapter shall be to provide rules, regulations and standards to guide land development in The Town of Millsboro in order to promote the public health, safety, convenience and the financial and general welfare of the Town. It shall be administered to ensure orderly growth and development; to conserve, protect and properly use land; provide for adequate light, air and privacy; secure safety from fire, flood and other danger; prevent the overcrowding of the land and undue congestion of population; and adequate provision for vehicular and pedestrian traffic, utilities and services of and in the Town.
B. 
This chapter shall apply to any lot or lots, tract or parcel of land created before or after the effective date of this chapter. Where existing provisions or other laws or chapters are inconsistent or in conflict with the provisions of this chapter, the provisions of this chapter shall have precedence. It is not intended by this chapter to impair or interfere with private restrictions placed upon property by deed or covenants running with the land. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provisions or law, ordinances, contract or deed, the provisions of this chapter shall have precedence.
C. 
Any tract, parcel or lot of land which is intended to be or is or has been subject to any of the actions described herein shall be considered to be a subdivision within the meaning of this chapter.
D. 
No tract, parcel or lot of land shall be divided, redivided, subdivided or resubdivided by recorded plot, separation of ownership or lease, into two or more tracts, parcels, lots, or units except in strict accordance with all provisions of this chapter and the regulations adopted hereunder.
E. 
No tract, parcel or lot of land shall be developed, and no construction shall be undertaken thereon, directed toward the occupancy of such land or the occupancy of any building, structure or structures thereon, or on any parcel thereof, except in strict accordance with the provisions of this chapter and the regulations adopted hereunder.
F. 
Notwithstanding any other section in this chapter to the contrary, no tract, parcel or lot which is part of any major subdivision shall be transferred or sold by the developer or possession granted by the developer to any third party prior to completion of the construction improvement program required pursuant to this chapter; provided, further, that any other transfer or sale of the whole or part of a major subdivision requires prior consent of the Town Council.
G. 
Cost of utility facilities. The cost of the construction of additional utility facilities or enlargement of the capacity of existing utility facilities, or both, or a combination thereof, whether such facilities will serve the parcel or site to be developed or the public at large, shall be borne by the developer and without any cost or expense to the Town.
H. 
Cost of utilities, reports and inspections. The cost of the construction of additional utility facilities or the cost of enlarging the capacity of existing utility facilities, or both, or a combination thereof, together with the cost of examining, reviewing and making reports and recommendations by the consulting engineer of the Town, and any cost for inspections to be accomplished by the consulting engineer for the Town during the construction of such utility facilities or during the construction of the enlarging of the capacity of existing utility facilities, or both, or any combination thereof, as determined by the Town Council, shall be deposited with the Town at a time or times determined by the Town Council.
I. 
Cash deposit required. Upon submission of any plan for development of any site or parcel of land as set forth in this chapter and prior to consideration of such plan by the Town Council, the applicant shall make a cash deposit in an amount to be determined by the Town Council for the purpose of covering the costs incurred or to be incurred by the Town in considering, examining, reviewing and making reports and recommendations concerning the plan, as submitted. If the deposit is used, the Town, at its discretion, shall invoice the applicant for additional deposit or deposits during the subdivision and development process. When final disposition of the plan is submitted, the Town Council shall determine the cost which has been incurred in considering, examining, reviewing and making reports and recommendations concerning the plan and shall deduct that cost from the deposit made by the applicant. If the deposit exceeds the cost incurred by the Town, the remaining amount shall be refunded to the applicant by the Town without interest. If the deposit is less than the costs incurred by the Town, the applicant shall pay such deficiency prior to any building permit, or, as applicable, any certificate of occupancy, being issued by the Town. If the applicant/developer fails to maintain the deposit, the Town may revoke any approvals or permits or issue a stop-work order until the deposit is reestablished at a level acceptable to the Town.
J. 
The cost of construction, installation and inspection of all improvements required herein shall be borne by the developer. All costs related to this chapter shall be borne by the developer unless otherwise provided.
K. 
A nonrefundable subdivision application fee, as set by Town Council, shall be paid by the applicant at the time of the submission of a tentative plot plan. The applicant shall pay all other charges related to a review of the subdivision.
L. 
All construction work on improvements required herein shall conform to standards established by the Town and are subject to inspection and approval by the consulting engineer and/or other authorized individuals during and upon completion of such construction work. Upon the completion of each improvement, the developer shall furnish the appropriate official with an accurate and detailed description of location and the completion date of the improvement as it was actually constructed.
M. 
Based on recommendations of the consulting engineer, the Town Council shall establish a schedule of fees to be paid by the developer in order to reimburse the Town for the cost of inspecting all construction work on improvements required herein. Costs reimbursed shall be only those actually incurred by the Town in inspecting work for which the Town has the authority to establish design standards or has need to ensure that future efficient maintenance can be accomplished adequately.
N. 
Duration of approval shall be:
(1) 
Any approval of a combination, minor subdivision, major subdivision or land development granted by the Town Council subsequent to July 2, 2001, shall be rendered null and void if substantial construction is not commenced thereon within three years of the date of recordation of the final plat.
(2) 
Any approval of a combination, minor subdivision, major subdivision or land development granted by the Town Council after November 7, 1988, and prior to July 2, 2001, shall be rendered null and void if substantial construction is not commenced thereon within three years of July 2, 2001.
(3) 
Any approval of a combination, minor subdivision, major subdivision or land development granted by the Town Council after November 7, 1988, and prior to July 2, 2001, but for which a final plat has not yet been recorded, shall be rendered null and void if a final plat is not recorded within three years and if substantial construction is not commenced thereon within three years of the date of recordation of the final plat.
(4) 
Any combination, minor subdivision, major subdivision or land development granted by the Town Council and/or otherwise lawfully existing on or before November 7, 1988, shall be rendered null and void if substantial construction has not commenced thereon within three years of July 2, 2001.
(5) 
The developer may request an extension of such time frames for good cause provided that such request is made prior to the end of the approved period.
The following definitions shall be applicable unless the context indicates otherwise. Words used in the singular include the plural, and words in the plural include the singular; the word "building" includes the word "structure"; "street" includes "roads and lands"; and the word "watercourse" includes "drain, ditch and stream."
AASHTO
American Association of State Highway and Transportation Officials.
AASHTO POLICY
Most current edition of AASHTO's publication "A Policy on Geometric Design of Highways and Streets."
ADT
Average daily trips.
ALLEY
A narrow public thoroughfare, not less than 12 feet but not exceeding 16 feet in width, which provides a secondary means of vehicular access to an abutting property generally to the side or rear of a structure and is not intended for general circulation.
APPLICATION FEE, SUBDIVISION
A nonrefundable fee to be paid by an applicant for approval of a land subdivision plot at the time of submission of a tentative plot plan.
BENEFICIAL OCCUPANCY
Permission from Town to developer where project is phased and utilities are completed.
BUILDING OFFICIAL
The office, official and/or officials of the Town charged with the responsibility for review of applications, supervision of activities under this chapter and enforcement.
BUILDING SETBACK LINE
A line within a lot or property and the right-of-way line of the street on which the lot abuts between which the erection of a building is prohibited.
CERTIFICATE OF COMPLETION
Certification to the developer that all provisions of the subdivision regulations and other applicable codes of the Town have been fulfilled as required.
CERTIFICATE OF OCCUPANCY
Certification by the Town that there has been full compliance by the developer with the subdivision regulations and all other applicable ordinances of the Town, and lots and/or dwelling houses, buildings or structures located upon a lot may be conveyed by the developer and/or occupied by the grantee.
COMBINING OF LOTS
Any combination of lots.
COMPLETION GUARANTY
A bond or deposit of funds or securities in escrow, payable to the Town in an amount of 150% of required improvements, as estimated by the Town Engineer in conjunction with any other authorized representative of the Town and conditioned by their satisfactory completion within the time specified in the construction permit or an approved extension thereof.
COMPREHENSIVE PLAN
A composite of the mapped and written proposals recommending the physical development of the Town once they shall have been duly adopted by the Town Council pursuant to Chapter 7, Title 22, Delaware Code.
CONDITIONAL ACCEPTANCE
Town Council acceptance of utilities subject to final acceptance.
CUL-DE-SAC STREET
A dead-end street provided with a cul-de-sac at the end to facilitate turnaround of traffic.
DEVELOPER
Any individual, firm, association, syndicate, copartnership or corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for the purpose of transfer of ownership or leasehold or building development. In the case of lots, pieces or parcels of a land not located within the corporate limits of Millsboro, and when such are to become a part of the corporate limits of Millsboro, as provided in the statutes of the State of Delaware, the developer shall be the individual, group of individuals or corporation designated by the majority of the owners of the said lots, pieces or parcels of land, as recorded in the office of the Recorder of Deeds in and for Sussex County.
DEVELOPMENT
See "Subdivision."
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of 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.
DRIVEWAY
A private vehicular accessway serving only one residential lot or unit, which may include the land between the driveway lines, whether improved or unimproved, may comprise pavement, shoulders, gutters, sidewalk, and other areas within the driveway line.
DUAL STREET or BOULEVARD
Any street which has two separated roadways divided by an island or grass plot and designated for one-way traffic on each roadway.
EASEMENT
A grant by a property owner to the Town, the public, a corporation or a person or persons of a right to the use of a strip or total of land.
ENGINEER OF THE TOWN
A qualified employee of the Town, so designated by the Town Council, or one or more professional engineering firms registered by the Delaware State Board of Registration for Professional Engineers and Land Surveyors or certified land use planners appointed by the Town Council; also referred to as "consulting engineer" or "Town Engineer."
FINAL APPROVAL
Approval by Town Council of subdivision plat and construction improvement plans.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Town Council 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.
HIGHWAY SPECIFICATION
Specification for highway improvements of the Town or standard specification of the Highway Department of the State of Delaware.
IMPROVEMENT
Grading, paving, curbing, streetlights, street signs, fire hydrants, water mains, sanitary sewers, other utility, and other street improvements, including, where specified by the Town Council, sidewalks, crosswalks and off-street parking paving.
IMPROVEMENT CONSTRUCTION PERMIT
A permit authorizing improvement to be constructed in accordance with the terms and conditions of approved construction plans and specifications.
LEGAL REPRESENTATIVE
A member in good standing of the Delaware Bar.
LOT
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 or private street.
MAJOR COLLECTOR STREET
Any street which serves to carry traffic to or from several minor streets and connects them to other collector streets or to arterial highways, usually does not serve the primary function of providing access to abutting properties, and serves more than 300 lots but not more than 500 lots or handles a traffic volume of more than 3,000 ADT but not more than 5,000 ADT.
MAJOR SUBDIVISION
All subdivisions not classified as partitionings or minor subdivisions.
MINOR COLLECTOR STREET
Any street which serves to carry traffic to or from several minor streets, and connects them to other collector streets or to arterial highways, and serves 50 to 300 lots, or handles a traffic volume of 500 to 3,000 ADT. Typically principal entrance streets of residential subdivision are minor collector streets.
MINOR STREET
Any street which is primarily used to serve local traffic or abutting lots and handles a traffic volume of less than 500 ADT.
MINOR SUBDIVISION
Any subdivision fronting on an existing paved state, county or municipal street, not involving any new street or road or the extension of any Town or county facilities or does not directly affect drainage on a road, and not adversely affecting adjoining property or the development of the remainder of the parcel.
OFFICIAL MAP
A map adopted pursuant to Chapter 7, Title 22, Delaware Code. Such a map, once it shall have been duly adopted by the Town Council pursuant to Chapter 7, Title 22, Delaware Code, shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of-way shown thereon.
OWNER
Any individual, firm, association, partnership, syndicate copartnership, estate, trust, corporation or any other group or combination acting as a unit, being holder of recorded title to the land sought to be subdivided commencing and maintaining proceedings to subdivide the same under this chapter.
PARTITIONING
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 Town or Sussex County facilities and not adversely affecting the adjoining property or development of the remainder of the parcel.
PERFORMANCE GUARANTEE
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Town Council or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERMANENT MAINTENANCE EASEMENT
An easement providing permanent right to the Town and other applicable agencies or utilities for maintenance of adjacent road and other facilities located in the easement.
PLAN, AS-BUILT
A plan prepared by a registered engineer showing the actual location of all streets, curbs, sidewalks, waterlines, sewer lines, laterals, storm sewers, stormwater drainage, stormwater management system, and the like.
PLAN, IMPROVEMENT CONSTRUCTION
A plan prepared by a registered engineer showing the construction details of a proposed improvement in accordance with an approved subdivision plan.
PLAN OF STREETS
The Town's plan of streets and alleys, including those which have been or may be laid out but not opened.
PLAN, SUBDIVISION
A properly certified plan, including site plans for a residential planned community, prepared by a registered land surveyor, showing lot lines and areas, deed restrictions, easements, right-of-way lines and other information pertaining to the lots, units and/or structures and the street on which the lots, units and/or structures abut in a proposed subdivision for recording in the office of the Recorder of Deeds in and for Sussex County.
PLAT or PLAN
The map of a subdivision or land development.
PRELIMINARY APPROVAL
That approval by the Town Council of the tentative plot plan, after submission of the report of the Town Engineer, report of the applicant's engineer and tentative plot plan. Preliminary approval is a prerequisite as authorization to proceed with development of the subdivision plot plan and improvement construction plans for the whole or any section to be recorded.
PRELIMINARY PLAT/PLAN
The plat or plan which has received preliminary approval.
PUBLIC WORKS AGREEMENT, DEVELOPERS AGREEMENT
Agreement executed between the developer and the Town covering terms and conditions related to construction of roads and other infrastructure in approved developments.
RESIDENTIAL DETACHED LOT STREET
A street serving traffic from primarily residential detached lots.
RESIDENTIAL TOWNHOUSE STREET
A street serving traffic from townhouse lots.
RIGHT-OF-WAY
The public dedicated width of street, alley, accessway or crosswalk.
SANITARY SEPTIC SEWER SPECIFICATIONS
Sanitary sewer specifications of the Town, Sussex County and the State of Delaware.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §§ 178-4 through 178-7 of this chapter.
STORMWATER/DRAINAGE
Stormwater drainage and/or management system specifications of the State of Delaware and the Town, if any.
STREET
Any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county or Town roadway, or a street or way shown upon a plat.
STREET CLASS
Road class to be determined as either minor, minor collector, or major collector in accordance with the respective definitions given in this section.
STREET TYPE
Road type to be determined as residential (townhouse or detached), commercial, industrial, or dual-lane roads in accordance with the respective definitions given in this section.
SUBDIVISION
The development and/or division of a lot, tract or parcel of land into two or more lots, units, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development or redevelopment, whether immediate or future; or construction and use of dwelling or commercial units, or any combination thereof, to be submitted to the Unit Property Act of the State of Delaware,[1] or construction of dwelling or commercial units or structures or industrial units or uses or other structures, or a combination thereof, which development will require the construction of additional utility facilities or the enlargement of the capacity of existing utility services, or both, or a combination thereof; if a new street is involved, any division or development of a parcel of land. The term also includes development, redevelopment, resubdivision, redivision, and, where appropriate to the context, relates to the process of subdivision, development or to the land subdivided or developed.
SUBDIVISION REVIEW COMMITTEE, SRC
The Subdivision Review Committee, ("SRC"), shall be composed of an official of the office of the Building Official, the Town Manager and one person appointed by the Mayor and confirmed by the Council to serve for one year or until his or her successor is appointed and confirmed.
SURETY or GUARANTY BOND
An approved surety or guaranty bond (or a deposit of funds or securities in escrow), the face amount of which bond or escrow account is to be payable to the Town for 150% of the estimated cost of the proposed construction of improvements.
TENTATIVE PLAN
The plan which is being reviewed for preliminary approval.
TOWN
The Town of Millsboro or, as appropriate, the Town Council.
WATER MAIN SPECIFICATION
Water main specification of the Town, Sussex County and the State of Delaware.
WETLANDS
A private or state wetland as defined by the Delaware Department of Natural Resources and Environmental Control regulations and maps as promulgated pursuant to Chapter 66, Title 7, of the Delaware Code, as the chapter appears upon the date of the adoption of this chapter and identified as wetlands pursuant to federal law.
[1]:
Editor's Note: See 25 Del.C. § 2201 et seq.
The owner of any lands within the Town shall apply for and obtain the approval of the Town Council, in accordance with the following, before subdividing any land within the Town:
A. 
The owner of land within the Town may submit to the Building Official a sketch plat of a subdivision, for the purposes of discussion and classification in accordance with this chapter as found applicable by said Building Official. Where applicable, the owner or developer shall present documented evidence that all lot owners within the subdivision are aware of the proposed alterations or additions and have no objections.
B. 
Such sketch plat may be drawn by the applicant, but due care should be taken that all information shown thereon is accurate.
C. 
The Building Official or designee shall return the sketch plat, noting thereon any additional information needed, to the landowner with the applicable application forms within a reasonable period of time.
A. 
Application for approval of a partitioning or combining, as defined by this chapter and/or as classified by the Building Official, shall be made at least two weeks in advance of the next regular Town Council meeting at which action is being requested on forms supplied by the Town Council together with six sets of a survey, prepared by and attested to by a licensed surveyor, showing the property to be divided or combined, the existing property lines, showing the entire frontage, and the proposed new boundary lines, to the Building Official of the Town for acceptance of fees prior to forwarding by the Building Official to the Town Council.
B. 
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees established by Town Council.[1]
[1]:
Editor's Note: The Schedule of Fees is on file in the Town offices.
C. 
Application for approval of a partitioning or combining which subdivides or combines land in any district as defined and designated by the Zoning Ordinance[2] may be referred to the Building Official by the Town Council for his or her review.
[2]:
Editor's Note: See Ch. 210, Zoning.
D. 
Partitioning or combining applications which are found to meet all the requirements of this chapter and the Zoning Ordinance,[3] shall be approved by the Town Council. The application and approval plats shall be signed by the Mayor and Secretary of Town Council.
[3]:
Editor's Note: See Ch. 210, Zoning.
E. 
One copy of all partitionings and/or combinings shall be kept on file by the Town Council.
F. 
Two prints of the plat plan of the partitioning or combining, in a form acceptable to the Recorder of Deeds of Sussex County, as approved by the Town Council, shall be filed by the owner with the office of the Recorder of Deeds, in and for Sussex County, within 90 days from the date of such approval and provide a certified copy of the recording information to the Town. If any final plat is not filed within this period, the approval shall expire and shall be void as of the 91st day.
A. 
Application for approval of a minor subdivision, as defined in this chapter and/or as classified by the Building Official, shall be made on forms supplied by the Town Council, and at least two weeks in advance of the next regular Town Council meeting at which action is being requested, to the Building Official for acceptance of fees prior to forwarding by the Building Official to the Town Council.
B. 
The applicant shall notify, by certified mail, with return receipt requested, the property owners certified by the applicant to be property owners within 200 feet of the boundaries of the property which is the subject of the application that such application is being filed with the Town and the applicant shall provide proof of same to the Town with the application.
C. 
Place a notice on the subject property that an application for subdivision and/or development has been filed with the Town; such notice shall remain until the application is either approved or denied.
D. 
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees.[1]
[1]:
Editor's Note: The Schedule of Fees is on file in the Town offices.
E. 
The applicant shall supply six sets of the plat plan of the subdivision, as prescribed and as described in this chapter.
F. 
The Town Council shall review the application for approval of a minor subdivision and all the required material, making certain that all requirements established by this chapter and the Zoning Ordinance[2] have been satisfied, or, in the alternative, the Town Council may refer the application to the Building Official who shall review the application and all the required material, making certain that all requirements established by this chapter and the Zoning Ordinance have been satisfied. The Building Official shall report his/her conclusions and recommendations to the Town Council.
[2]:
Editor's Note: See Ch. 210, Zoning.
G. 
Upon approval of the application by the Town Council, the Mayor and Secretary to Town Council shall sign the application as approved and the plats and retain three copies for the Town. A copy of the application and three plat plans shall be delivered to the applicant.
H. 
If the Town Council disapproves a minor subdivision application, the reasons for disapproval shall be returned with the plat to the applicant. The reasons for disapproval shall be remedied prior to any resubmission.
I. 
Two sets of the plat plan in a form acceptable to the Recorder of Deeds of Sussex County as approved by the Town Council shall be filed by the owner with the office of the Recorder of Deeds, in and for Sussex County, within 90 days from the date of such approval and provide a certified copy of the recording information to the Town. If any final plat is not filed within this period, the approval shall expire and shall be void as of the 91st day.
A. 
Preapplication procedure.
(1) 
Preapplication conference. Prospective applicants for an approval of a major subdivision, as defined in this chapter and/or as classified by the Town Council, shall, prior to formal application, request review and discussion by the Building Official, or the Town Council shall refer an application to the Building Official prior to formal action.
(2) 
The applicant shall submit, in duplicate and two weeks prior to a regular Town Council meeting, a conceptual or tentative map of the proposed major subdivision to the Building Official.
(3) 
Such a conceptual or tentative map shall show its location, surrounding properties, roads or other applicable detail; and the proposed subdivision layout as platted from deed, or tax map, and/or survey and at a scale as approved by the Engineer of the Town but not less than one inch equals 50 feet.
(4) 
The Building Official, and/or designee, and the developer shall review and discuss the problems to the area, their recommended solutions, and the Building Official shall, from experience, knowledge, and technical assistance, guide the planning of said subdivision; such guidance may include reference to the plan to the Delaware Department of Transportation, the Superintendent of Schools, Town utility plans or any other appropriate agency or person for comment.
(5) 
Following such a review and discussion, the Building Official shall return one copy of the tentative map together with a letter advising the applicant of all conclusions and recommendations.
B. 
Preliminary approval.
(1) 
Following the preapplication procedure, applications for approval of a major subdivision shall be presented by the owner or his agent to the Building Official on forms supplied by the Town Council, with plans, at least two weeks in advance of a regular meeting of the Subdivision Review Committee at which action is being requested.
(2) 
The application shall be accompanied by:
(a) 
Six sets of the tentative plan drawn in accordance with this chapter, § 178-12, with the following exceptions which are not required for preliminary approval:
[1] 
Soil classification [§ 178-12A(6)(l)];
[2] 
Utility easements [§ 178-12A(6)(n)];
[3] 
Surface drainage [§ 178-12A(6)(r)];
[4] 
Groundwater table elevations, etc. [§ 178-12A(6)(t)];
[5] 
Designs of bridges or culverts [§ 178-12A(6)(u)];
[6] 
Survey lines and bearings [§ 178-12A(6)(x)];
[7] 
All lot markers [§ 178-12A(6)(aa)];
[8] 
Preliminary proposed grading plan [§ 178-12A(6)(bb)];
[9] 
Street profiles and cross sections [§ 178-12B(4)];
[10] 
Dedication covenants [§ 178-12B(5)];
[11] 
Consulting engineer certificate [§ 178-12B(6)];
[12] 
Completion of improvements certificate [§ 178-12B(7)];
[13] 
Copy of private deed restrictions covenants [§ 178-12B(8)];
[14] 
Copy of certificate of approval of other official body [§ 178-12B(9)].
(b) 
Six copies of all other material as required by this chapter and material as noted on the application form.
(c) 
Identification of all existing entrances to property; copy of all Delaware Department of Transportation applications and approvals; copy of any correspondence with Delaware Department of Transportation requesting access; and a statement as to the status of such. The Subdivision Review Committee, by majority vote, may require a traffic impact study conducted by an independent agency at the expense of the applicant should conditions warrant such a study.
(d) 
Statement from Town as to availability, location and capacity of utilities.
(e) 
Review by Town to determine cash deposit required pursuant to (§ 178-2I).
(f) 
The applicant shall notify, by certified mail, with return receipt requested, the property owners certified by the applicant to the property owners within 250 feet of the boundaries of the property which is the subject of the application that such application is being filed with the Town and the applicant shall provide proof of same to the Town with the application. The applicant shall place a notice on the subject property that an application for subdivision and/or development is being filed with the Town.
(3) 
The application shall be accompanied by a fee in the amount specified in the Schedule of Fees.[1]
[1]:
Editor's Note: The Schedule of Fees is on file in the Town offices.
(4) 
The Building Official shall receive the application, and other required maps and material, and shall acknowledge receipt in the proper space on the application. The Building Official shall return one to the owner or his agent as a receipt.
(5) 
The Building Official shall, upon receipt of an application:
(a) 
Make certain that all the material required accompanies the application. If the owner or his agent has failed to provide all required material, the Building Official shall so advise in writing and return all material received, except the application, for resubmission.
(b) 
Forward the application to the Town engineer for review and report.
(c) 
When all required material, including the Town's engineering report, is received, the Building Official shall forward the application to the Town Manager to place the application on the agenda of the next regular meeting of the Subdivision Review Committee.
(6) 
The Subdivision Review Committee shall review the application and all the required material, making certain that all requirements and factors listed below have been addressed and shall prepare its conclusions for the Town Council. The Subdivision Review Committee may have informal conferences and meetings with the applicant and/or applicant's representative. In addition to the other provisions contained within this section, the approval of a subdivision shall include consideration of the following:
(a) 
Integration of the proposed subdivision into existing terrain and surrounding landscape.
(b) 
Minimal use of wetlands and floodplains.
(c) 
Preservation of natural and historical features.
(d) 
Preservation of open space and scenic views.
(e) 
Minimization of tree, vegetation and soil removal and grade changes.
(f) 
Screening of objectionable features from neighboring properties and roadways.
(g) 
Provision for water supply.
(h) 
Provision for sewage disposal.
(i) 
Prevention of pollution of surface and groundwater.
(j) 
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.
(k) 
Provision for safe vehicular and pedestrian movement within the site and to adjacent ways.
(l) 
Effect on area property values.
(m) 
Preservation and conservation of farmland.
(n) 
Effect on schools, public buildings and community facilities.
(o) 
Effect on area roadways and public transportation.
(p) 
Compatibility with other area land uses.
(q) 
Effect on area waterways.
(r) 
Whether, in the judgment of the Town Council, estimated costs to be borne by the Town cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.
(s) 
Whether, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.
(7) 
The application and the Subdivision Review Committee's report shall be forwarded to the Town Council. If the owner or his agent has failed to satisfy all requirements, the Town Council shall so advise in writing and return all material received, except the application and one copy of the plat plan, for correction or addition thereto and resubmission.
(8) 
Prior to preliminary approval of a major subdivision, Town Council shall hold a public hearing after 15 days' notice published in a newspaper of general circulation in the Town and posting of the property subject of the application.
(9) 
The Town Council shall act on an application for approval of a major subdivision which they have found to be in order after a public hearing has been held. In all cases, the recommendation of those attending a public hearing shall be given careful consideration in the final decision of the Town Council.
(10) 
If the Town Council disapproves a plan, proposal or plat, the Council shall advise the owner in writing of the reasons for disapproval. The reasons for disapproval shall be remedied prior to resubmission. In addition, a subdivision application may be disapproved by the Town Council for financial reasons, including but not limited to the following:
(a) 
If it is the judgment of the Town Council that estimated costs to be borne by the Town cannot be met from available Town funds which reasonably may be anticipated to become available to the Town and applicable to subdivision purposes.
(b) 
If, in the opinion of the Town Council, the estimated expense to the Town cannot be justified on the basis of estimated tax returns which would accrue to the Town within a reasonable period of time.
(11) 
In the case of favorable action on an application by the Town Council, such action shall be considered as preliminary approval, subject to development and consideration of improvement construction plans and further estimates of costs. Notice, in writing, of preliminary approval by the Town Council will be given to the applicant; copies thereof, also, will be given to the Town Manager and Building Official.
(12) 
Preliminary approval of subdivision plat shall be valid for three years. Preliminary approval, in accordance with the preliminary plat, including any required changes or modifications, and in accordance with all other applicable provisions, shall be valid for three years. The developer shall file a report of the status of all agencies' reviews and preparation of the final plan with the Town within 12 months of preliminary approval. Unless a final plan, in accordance with the approved preliminary plat, including any required changes or modifications, and in accordance with all other applicable provisions, is filed with the Town within three years from the date of approval of the preliminary plat, the preliminary approval is deemed canceled and it is null and void as of the end of such three-year period. A developer may request an extension prior to the end of the three-year period. The final plat may include only a portion of the area of the preliminary plat and final plats for remaining portions may be filed at a later date, not to exceed three years without a new preliminary plat, but shall be subject to any changes in the regulations in the Town's ordinances. Any resubmission or reconsideration of plans following the loss of preliminary approval shall be subject to any changes in any ordinances and fees enacted prior to the resubmission date.
(13) 
Subdivisions developed and recorded in sections/phasing.
(a) 
In such a case, the report and decisions of the Town Council, if favorable, shall be in two parts as follows:
[1] 
Provisional approval of the subdivision plot plan in its entirety.
[2] 
Preliminary approval of subdivision plot plan section or sections presently to be recorded.
(b) 
Provisional approval by the Town Council of the subdivision plot plan in its entirety shall be a prerequisite of the Town Council action regarding a section or sections to be recorded. Such provisional approval of a subdivision plot plan shall impose no obligation on approved deferred sections.
(c) 
Each supplemental application for a deferred section will be considered on its merits after the foregoing items in this section have been presented for a review by the Engineer and Town Council. Provisional approval in all cases shall be subject to the three-years' limitation provided in the succeeding subsection.
(d) 
A supplemental application in a form to be prescribed by the Town Council shall be required to be presented by the applicant to the Town Council as each deferred section, in turn, is proposed for recording. The procedure for handling a sectional supplemental application, if presented within three years following the date of the provisional approval of the subdivision plot plan by the Town Council, shall be the same as for an original subdivision application, to begin, however, with conferences with the Building Official and Engineer instead of processing the application from the beginning. If a lapse of more than three years shall occur, the Town Council, at its discretion, may deny any further development or may reconsider the unrecorded section or sections of a subdivision plot and require such alterations, changes or modification and additional fees therein as it may deem appropriate as a condition for granting of an extended provisional approval.
C. 
Procedures for final approval of major subdivision.
(1) 
Preparation of improvement construction plan and estimates of cost.
(a) 
The applicant, upon receiving a preliminary approval of a subdivision plot plan by the Town Council, shall arrange for further conferences with the Town Council, Building Official and Engineer regarding preparation of:
[1] 
Six sets of subdivision plot plans and six sets of improvement construction plans.
[2] 
Plans. Plans, profiles and specifications for the required improvements shall be prepared by the developer and submitted for approval by the appropriate public authorities prior to construction. The plans and profiles to be submitted for all new construction shall include the following as well as all requirements of §§ 178-12 through 178-14:
[a] 
Plans and profiles of each street showing proposed grades and street intersection elevations.
[b] 
A typical cross section of proposed streets showing the width of roadways. Such cross section shall extend laterally to the point where the proposed grade intersects the existing grade, except that in no case shall less than the full width of the street right-of-way be shown.
[c] 
DelDOT entrance permit if applicable.
[d] 
Construction and specification plans of proposed sanitary sewers and storm drains shall be approved by the consulting engineer and the State Division of Highways where it has jurisdiction.
[e] 
Construction and specific plans of the proposed water distribution system, showing pipe sizes and the locations of all valves and fire hydrants, shall be in accordance with Town standards.
[f] 
Plans and specifications for any forested buffer strips, if required.
[3] 
Report of the applicant's engineer.
[4] 
Estimates of cost, including costs to be borne in whole or in part by the Town.
[5] 
Information required for the preparation of a legal description for the streets and other areas to be dedicated to public use.
(b) 
If the subdivision is to be developed and recorded in sections, the foregoing items in Subsection C(1)(a) above shall be prepared only for the section or sections presently to be recorded.
(2) 
The Engineer, after receipt and review of the report of the applicant's engineer, shall submit to the Town Council a report of his/her findings and recommendations with such comments as he/she may deem appropriate. This report shall include:
(a) 
A review with comments of the development plan report of the applicant's engineer.
(b) 
The availability and capacity of utilities, and recommendations regarding planning and project.
(c) 
Endorsement or comment on the suitability of the land for the proposed purpose.
(d) 
Verification or adjustment of approximate estimates of costs of items to be borne in whole or in part by the Town.
(e) 
Certification that the plot plan is complete and is in full compliance with the provisions of this chapter and complies with the plan for orderly development of the Town.
(f) 
Deviations, if any, from the provisions of any ordinance shall be noted and qualified.
(3) 
No recommendation for final approval shall be given by the Subdivision Review Committee nor shall any report be submitted by the Subdivision Review Committee to the Town Council unless an entrance permit, if required by the Department of Highways and Transportation of the State of Delaware, is received by the developer and made a part of the record of the Subdivision Review Committee. The entrance permit, or a copy thereof, shall be transmitted by the Subdivision Review Committee to the Town Council as part of the report of the Subdivision Review Committee.
(4) 
Prior to final approval, a suitable public works or development agreement shall be drafted for approval by the Town Council.
(5) 
Prior to final approval, the Town Council will consider the application at a public hearing following at least 15 days' prior notice by publication in a newspaper of general circulation in the Town and posting of the property subject of the application.
(6) 
Prior to final approval, Town Council, at its discretion, may request one or more informal reviews with the applicant, and/or the applicant's engineer, and/or the applicant's legal representative regarding alteration, changes or modifications deemed desirable by Town Council.
(7) 
Any of the following actions may be taken by the Town Council:
(a) 
Approved, subject to standard conditions as outlined in this chapter.
(b) 
Approved, subject to standard conditions as outlined in this chapter and also such special conditions as may be imposed or directed.
(c) 
Disapproved.
(d) 
Suspended, pending:
[1] 
Further investigation by the Town Council.
[2] 
Receipt of certain additional information.
(e) 
Other.
(8) 
Approval of each subdivision application shall be subject to the following standard conditions:
(a) 
The subdivision plot, bearing the certification set forth in this chapter, shall be recorded. Such recording shall be completed within 30 days after standard conditions in Subsection C(8)(b), (d) and (e) of this section are met. The developer shall provide certified copies of recording to the Town.
(b) 
Execution of suitable agreement, public works agreement or development agreement, by the developer and copy of the certificate of recordation of said agreement and of the final plan by the Recorder of Deeds to the Town within 90 days after notification of final approval by the Town Council of a subdivision application. Said agreement shall be executed and acknowledged by the developer and all persons having any interest in the title to the subdivision and shall, by its terms, constitute a covenant running with the land and be binding upon the persons signing the agreement and their successors and assigns.
(c) 
Performance of a construction improvement program in strict accordance with approved plans and specifications complete in every respect. If any less than the completed section shall be constructed by the developer, that part shall be completed in that it will connect one existing street to another and that both intersections shall be completed. 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 approved extension thereof by resolution of the Town Council on recommendations of the Engineer.
(d) 
Liability insurance policy in the amount of $1,000,000/$500,000 per accident, providing full protection to the Town, its officials and employees, against all damages or claims for damages occurring indirectly by reason of the construction improvement program shall be filed with the Town Council before commencement of any work within the subdivision.
(e) 
Bond requirements. Before any work is started or contract awarded, the developer must put in escrow sufficient funds or provide a performance bond, surety guarantee bond or irrevocable letter of credit ("bond") to cover 150% of the estimated cost of the work to be performed. As a condition of approval of improvement plans, the Town Council shall require the developer to post a performance bond or other guaranty for any improvements required by the application of this chapter in an amount sufficient to construct the improvements and in a form acceptable to the Town Attorney. The amount of such bond shall be no less than 150% of the costs of improvements. Bonding and guaranties may be required for street and road improvements, surface drainage facilities, erosion and sedimentation control facilities, water supply facilities, sanitary sewer facilities, forested buffer strips or other improvements deemed necessary by the Town Council. Where a public agency other than the Town has authority to require performance guaranties, but in the determination of the Town Council those guaranties are not adequate to ensure completion of improvements, the Town Council may require additional bonds or guaranties in accordance with the provisions of Subsection A of this section.
(f) 
The developer must submit any and all impact fees, permits and licenses required by federal, state, county or municipal law.
(g) 
The developer must submit site approval from the Delaware State Fire Marshall.
(h) 
If the major subdivision is to be developed in sections or phases, no tract, parcel or lot which is any part of any such subdivision shall be transferred by the developer nor shall possession of any tract, parcel or lot be granted by the developer to any third party until all work required by the construction improvement program shall have been completed pursuant to the provisions of this chapter and furnishing as-built plans, and a bond with surety acceptable to the Town assuring completion of the uncompleted work required to complete the performance of the project with beneficial occupancy having been issued by the Town.
(i) 
If the major subdivision is not to be developed in sections or phases, no tract, parcel or lot shall be transferred by the developer nor shall possession of any lot be granted by the developer to any third party until all work required by the construction program shall have been completed pursuant to the provisions of this section with conditional acceptance of such improvements having been made by the Town.
(j) 
Work, grading, excavation, construction, erection or building shall be commenced or done within the subdivision only, pursuant to approval provided in this chapter; in full compliance with all of the conditions of such approval; after execution of the agreement provided above in this section and approval of all plans required under the subdivision regulations, applicable Building Codes, the Zoning Ordinance[2] and all other applicable ordinances of the Town and the laws of the State of Delaware; and after issuance of all applicable permits which shall be in effect.
[2]:
Editor's Note: See Ch. 210, Zoning.
(k) 
A deed conveying fee simple land to the Town of all water mains, sewers, streets, roads, parklands and other areas dedicated to public use within the section or subsection shall be executed and delivered to the Town within 90 days after complete performance of the construction improvement program for such section or subsection.
(l) 
The cost of constructing all grading, curb 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, drainage and/or 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 Town streets, Town sewer main, Town water main, Town stormwater management conduits and/or Town 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.
(m) 
All work must be performed under Town inspection. Cost of inspection shall be borne by the developer.
(9) 
Notification, in writing, of approval taken by the Town Council will be transmitted promptly to the applicant with copies to the Town Engineer and the Town Manager.
(10) 
In case of approval of a subdivision application by the Town Council, the Mayor or his/her designee shall certify such approval on a subdivision plot plan which shows distinctively the part to be recorded. Two copies of the signed and approved plan shall be transmitted to the Town Manager for incorporation in the agreement with the developer; the other signed and approved copy shall be retained by the Town Manager for his/her records, and three copies shall be returned to the developer for recordation. The developer shall provide to the Town certified copies of recording. The Mayor or his/her designee shall sign the required certification or certifications, as the case may be, and affix the Town seal, certification to be according to the following:
(a) 
For a subdivision plot plan approved by the Town Council, to be recorded and developed in its entirety:
It hereby is certified that this subdivision plot plan was granted final approval by the Town Council of the Town, Delaware, on ____________ [date] ___________ and accordingly is eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware.
Mayor or Designee
(b) 
For a subdivision plot plan approved to be recorded and developed in sections, certification on separate plans as follows:
[1] 
On a subdivision plot plan for entire development granted provisional approval by the Town Council:
It hereby is certified that this subdivision plot plan was granted provisional approval valid for three years by the Town Council of Millsboro, Delaware, on ____________ (date) ____________ subject to presentation to Town Council of successive sections thereof to be considered for approval. Only such section hereof as may be granted specific Town Council approval and so certified by the Town Council shall be eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware.
Mayor or Designee
[2] 
On a subdivision plot plan distinctively showing the section or sections thereof having received final approval by Town Council to be recorded and developed:
It is hereby certified that the section or sections of this subdivision plot plan distinctively shown hereon as the part to be recorded was/were granted final approval by the Town Council of Millsboro, 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.
Mayor or Designee
A. 
Approved applications and plans will be referred to the Building Official for complete administration and enforcement, including execution of a public works or development agreement (as approved by the Town Solicitor) between the developer and the Town.
B. 
Limited authority. The Building Official and the Town Engineer shall have authority to approve minor alterations of construction details as field conditions may require. They shall have no authority to approve changes in boundaries of streets and other areas to which title has been transferred or for which agreement has been made to transfer to the Town.
C. 
Compliance with conditions of approval. Upon receiving notice of approval by the Town Council of a subdivision application, the applicant, also may now be referred to as developer, shall confer with the Town Manager, Town Engineers, and Building Official regarding compliance with conditions of approval and, in turn, regarding all construction procedures and reports until final acceptance by the Town Council of the completed construction improvements and formal release by the Town Council of the developer's surety performance bond and/or performance letter of credit will be released after final approval.
D. 
Samples of materials and every reasonable facility for ascertaining whether the work is in conformity with the provisions of these regulations and the Town specifications shall be furnished to the proper officers and employees of the Town.
E. 
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.
F. 
Preconstruction meeting. The Town Engineer shall convene a preconstruction meeting or as many meetings as the Town Engineer deems necessary prior to issuing any notice to proceed.
G. 
Costs to be borne by developer.
(1) 
The cost of constructing all improvements and utility services as required by this chapter shall be borne by the developer.
(2) 
All work must be performed under Town inspection. Cost of inspection shall be borne by the developer.
(3) 
Review, administration, impact and inspection fees as established by the Town shall be paid in advance of any notice to proceed being issued.
H. 
Notice to proceed. When all requirements of this chapter have been met, the Town shall give notice to proceed to the developer.
I. 
Notice of commencement of construction. In order that provisions may be made for the proper inspection of construction, twenty-four-hour notice shall be given to the Town Engineer by the developer.
In those cases where a subdivision is to be recorded and developed in sections or phases, sewer and water lateral and electrical connections are completed, the developer may receive permission to convey lots for the section or phase being developed. For beneficial occupancy, the first course(s) of stone and asphalt-like material shall be installed; provided, however, the final coat shall be installed when such phase is complete.
A. 
Conditional acceptance of facilities shall be by the Town Council when all utility systems have been installed, inspected and approved by the Town.
B. 
Maintenance. The developer shall be responsible for the following until final acceptance and official release of maintenance or guarantee bond, including repairs, if necessary, and other reasonable provisions for the convenience and safety of the public and traffic:
(1) 
Streets, rights-of-way, and sidewalks, including repairs, if necessary, and other reasonable provisions for the convenience and safety of the public and traffic, including responsibility for the removal of snow from streets;
(2) 
Sanitary sewers, sewer lines, manholes, laterals, etc.;
(3) 
All water mains, lines and appurtenances, such as valves, service lines, etc.;
(4) 
All stormwater drainage facilities and appurtenances;
(5) 
All electrical utilities, lines and utility requirements and appurtenances; and
(6) 
The removal of snow from streets when necessary for the convenience or safety of traffic.
C. 
The Town Manager shall notify the Building Official when an applicant has complied with subdivision requirements and is eligible to obtain an initial building permit for construction within a subdivision.
D. 
As-built plans. Upon completion, the developer shall provide the Town six sets of as-built detailed plans of all utility systems, including any and all underground systems, in a form acceptable to the Town Engineer.
A. 
The developer shall submit, within 90 days after completion of the construction improvement program for such section or subsection, a release of liens with respect to the construction improvement program.
B. 
Final action by the Town Council.
(1) 
Final action by the Town Council will be a resolution:
(a) 
Accepting all site utilities, streets and open areas in accordance with the construction improvement plans.
(b) 
Releasing the maintenance surety bond or letter of credit.
(c) 
Determining that all terms and conditions of the developers agreement, including submission of a satisfactory release of liens, have been met to its satisfaction.
(2) 
Such final action will be taken by the Town Council upon certification to it by the Town Engineer and Town Solicitor that site improvements, and all necessary documents necessary for the transfer of the streets, open areas and site utilities are complete and have been recorded in the office of the Recorder of Deeds, in and for Sussex County, Delaware.
C. 
The Town Manager shall arrange with the Town Solicitor for a search of title and the recording in the office of the Recorder of Deeds for Sussex County of a deed conveying title, free of all encumbrances and liens to property transferred by deed to the Town. Such deed conveying fee simple land to the Town of all water mains, sewers, streets, roads, and other areas dedicated to public use within the section or subsection shall be executed and delivered to the Town within 90 days after complete performance of the construction improvement program for such section or subsection. The Town may charge the developer for other unspecified fees necessary to review the subdivisions that are not stated in Chapter 178; otherwise, the application fee will apply to the aforementioned expenses.
D. 
The Town Manager shall arrange with the Town Solicitor for preparation and presentation to the Town Council of an appropriate resolution, ordinance, deeds of easement, bill of sale, and any other document necessary for the transfer by the developer to the Town of streets, open areas, site utilities and other areas dedicated to public use within the section or subsection.
E. 
The Town Manager shall authorize and direct the incorporation of the streets and open areas on the Official Town Map, if such exists.
A. 
Plat plan. The plat plan, as required under this chapter shall:
(1) 
Include all recommendations made by the Town Council or the Building Official, if so referred, following "review and discussion" when so elected and all subsequent requirements as may be set forth by the Town Council or another official agency; and
(2) 
Be clearly and legibly drawn, in a form acceptable to the Town Council and to the Recorder of Deeds of Sussex County, Delaware, and shall be accompanied by six copies thereof; and
(3) 
Be drawn at a scale of not less than 50 feet to the inch or any scale acceptable to the Engineer of the Town and if the plat plan is drawn in two or more sections, it shall be accompanied by a key map showing the location of the several parts; and
(4) 
Provide all the pertinent information on existing site conditions, property ownership and the like which may be necessary for the Town Council to properly consider the proposed subdivision, and such information shall be accurate and reliable; and
(5) 
Show the general plan for the ultimate development of the property, including as much of the surrounding area as may be necessary for an adequate consideration of the land to be subdivided. Such plat shall be accurately drawn to scale; and
(6) 
Show the following:
(a) 
Proposed subdivision name or identifying title, the name of the municipality and political subdivision within which it is situated, county name, and Tax Map identification numbers.
(b) 
A location map at a scale of one inch equals one mile.
(c) 
The name and address of the owner of the record and developer.
(d) 
The name, license number and the seal of the licensed land surveyor or engineer.
(e) 
A space for the signature of the Mayor and Town Council approving the application and date of approval shall be provided as established in this chapter.
(f) 
The date of survey.
(g) 
The reference meridian used for bearings on the map shall be shown graphically and definitely described. Magnetic bearings shall show the date of observation. The North point should always be at the top of the plat.
(h) 
The graphic scale.
(i) 
The courses and distances of property perimeter, as markers and not as points, and the approximate acreage contained therein.
(j) 
A key map at a scale not less than 400 feet to the inch showing the relation of the property to adjoining property and to all streets, roads, watercourses, natural and artificial, streams, shorelines, or other water boundaries, and all municipal boundary lines crossing or adjacent to the property and existing within 1,000 feet of any part of the property proposed for subdivision.
(k) 
The names of all subdivisions immediately adjacent and the names of all owners of all immediately adjacent lands, and the Tax Parcel Map block and lot numbers of each; and the property lines of the land to be subdivided.
(l) 
The location of existing property lines, streets and alleys, easements, buildings, utilities, wooded areas and waterways; soil classification; and any other significant natural or man-made physical features affecting the proposed subdivision.
(m) 
The present zoning classifications and zoning district lines of the proposed subdivision and adjoining properties and the proposed uses of property within the area being plotted.
(n) 
The full plan of the development including all lot lines and their dimensions, streets, roads, sidewalks, loading areas, parking areas, other paved areas, alleys or driveways, utility easements, parks, playgrounds and other public areas including which are to be dedicated to public use and which are being reserved by the owner and the conditions of such dedications or reservations, the proposed names of all new streets and the building setback lines for each street.
(o) 
Location, dimensions and nature of all proposed structures, signs and utilities, including the approximate number of dwelling units to be included in each residential structure.
(p) 
Location of all uses not requiring structures.
(q) 
All existing watercourses, tree masses and isolated trees more than six inches in diameter and their common name, existing buildings, water mains and feeder lines, and other significant features, within the boundaries of the plat.
(r) 
A plan for surface drainage of the development as approved by Sussex County Soil Conservation (Department of Natural Resources and Environmental Control).
(s) 
Contours at vertical intervals of not more than five feet for land with average natural grade of 10% or greater, and at vertical intervals of not more than two feet for less steeply sloping land and on the basis of datum used or recommended by the consulting engineer.
(t) 
The plan shall show groundwater table elevations, soil characteristics, the result of such percolation tests (F.H.A. procedure as may be required by the consulting engineer, certified by a licensed engineer).
(u) 
The designs of any bridges or culverts which may be required and as approved by the consulting engineer.
(v) 
The plan for connecting to the water supply system of the Town.
(w) 
The plan for connecting to the sewer and wastewater system of the Town.
(x) 
Sufficient data acceptable to the consulting engineer of the Town to determine readily the location, bearing and length of every boundary line, street line and lot line, so as to reproduce such lines upon the ground, and the length of all straight lines, the deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings for each street. All dimensions and angles or bearings of the lines of each lot shall also be given. All dimensions shall be shown in feet and hundredths of a foot.
(y) 
The lot and block numbers established in accordance with the prevailing Town practice.
(z) 
Clearly label, legend and symbol the monuments established in accordance with the above, a distance being made between monuments which were found and monuments which were placed on the tract boundary and those set for survey control.
(aa) 
All lot corner markers, which are required to be permanently located in the ground to the existing grade and to the satisfaction of the consulting engineer shown thus, "O", on the plat.
(bb) 
The proposed grading plan when excavation, recontouring or similar work is to occur in conjunction with development of the subdivision.
(cc) 
The designation of land use primarily for agricultural purposes within 300 feet of the boundary of the proposed subdivision.
(dd) 
The designation of parcels to be set aside for forested buffer strips, where required.
(ee) 
The location of all wetlands (both state and federal) shall be indicated, in order to facilitate compliance with state and federal wetlands requirements.
(ff) 
The location of the one-hundred-year floodplains based on current flood insurance rate maps.
(gg) 
Where the plat plan submitted covers only a part of the developer's entire holding, a sketch of the unsubmitted part shall be furnished, and the street system of the submitted part will be considered in the light of adjustments and connections with the future street system of the part not submitted.
B. 
Other material. Other material, as required by this chapter, shall be six copies of each of the following:
(1) 
Certificate of title showing the ownership of the land to be vested in the developer or other applicant for approval.
(2) 
Statement duly acknowledged before some officer authorized to take acknowledgment of deeds and signed by the owners of the property, to the effect that the subdivision shown on the plat is made with his or their free consent and in accordance with their desires.
(3) 
Certificate of a licensed engineer or land surveyor as follows:
"I hereby certify that this map and the survey have been made under my supervision and comply with the Laws of the State of Delaware, the Ordinance of the Town and that the error in closure does not exceed one in five thousand. I further certify that all monuments and corner markers have been accurately set under my supervision. Licensed Engineer or Land Surveyor No. _____"
(4) 
Street profiles and cross sections for all streets which shall have been approved by the consulting engineer of the Town.
(5) 
All offers of dedication and covenants governing the maintenance of undedicated open space, which shall bear the certificate of approval of the Town Solicitor as to their legal sufficiency.
(6) 
Certificate of the consulting engineer as follows: "I have carefully examined this map and find it conforms to all the laws of the State of Delaware and the ordinances of the Town."
(7) 
Certificate of the consulting engineer as to the completion of all improvements required by the Town to his satisfaction in accordance with standards and specifications set forth in this chapter or as otherwise prescribed by the Town. For any required improvements not so completed, there shall be submitted with the plat a certificate of the consulting engineer and Town Solicitor, respectively, as to the estimated cost of such improvements and as to the sufficiency of the bond offered in lieu thereof.
(8) 
Copy of such private deed restrictions and covenants, 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 Town Council 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 Town Council.
(9) 
A copy of the certificate of approval of any other official body that may become involved or have an official interest in the development.
(10) 
Identification of existing zoning classifications and proposed changes.
(11) 
Identification and location subject to flooding as a result of a storm of one-hundred-year frequency.
(12) 
Statements explaining how and when the developer proposes to provide and install the required water supply, sewers or other means of sewage disposal, street pavements and drainage structures.
(13) 
Where special physical conditions exist which may act as constraints on normal development or may preclude development totally, the developer may be required to submit special technical data, studies or investigations. This information must be prepared by individuals technically qualified to perform such work. Additional information may include but is not limited to the following: stormwater runoff computations and identification of area subject to periodic flooding.
(14) 
If special conditions are found to exist, the Town Council shall not approve a tentative plat or the preliminary plat until it is determined that it is technically feasible to overcome such conditions. The Town Council may then require the developer to incorporate specific improvement design criteria into the plat as a condition to its approval.
(15) 
When special studies or investigations pertain to a regulatory program or another public agency, the developer shall submit the results of these studies or investigations to said public agencies for technical review and approval. Written comments from these agencies shall be supplied to the Town Council by the developer.
(16) 
Statements explaining how and when the developer proposes to provide for the perpetual maintenance of forested buffer strips, if required.
A. 
Prior to the granting of final approval of a subdivision, the developer shall have furnished performance guarantees, or surety guarantee bonds, for the ultimate installation of the following:
(1) 
Streets. Streets shall be designed to conform to the design standards set forth in this chapter and shall be paved in accordance with specifications for paving of streets established by the Town. Internal roads, alleys, driveways, aisles and parking areas, when required, shall be constructed with a well-drained base and a hard surface finish.
(2) 
Street name signs. A street name sign identical to those already established in the area or of a design and of material specified by the Town shall be installed in a base at each street intersection in accordance with specifications of the Town.
(3) 
Sidewalks. Sidewalks are required. They shall be placed on both sides of the street between the curbline and the property line as recommended by the Planning Commission and the consulting engineer and in accordance with the Town specifications for design and material and as approved by the Town Council.
(4) 
Curbs. Curbs shall be constructed and installed on both sides of a street. The location of said curbs shall be as recommended by the Subdivision Review Committee and the consulting engineer and in accordance with Town specifications for design and material and as approved by the Town Council.
(5) 
Streetlights. Streetlights shall be designed, located and installed as recommended by the Subdivision Review Committee and the consulting engineer and in accordance with Town specifications for design and material and as approved by the Town Council.
(6) 
Shade trees. Shade trees are to be located back of the curbline so as not to interfere with utilities, sidewalks or driveways, at intervals of approximately 60 feet.
(7) 
Grading, fill, topsoil and protection thereof.
(a) 
Grading shall be done to meet the requirements of the ordinances of the Town.
(b) 
All material to be used as fill, including the disposal of any soil accumulated during development, construction and clearing of the land, must be reviewed and approved by the consulting engineer before being used. The consulting engineer shall take into consideration the water table, drainage, and soil characteristics of the site in question when making such a decision.
(8) 
Buffering. Where buffering by planting or inanimate methods is required or proposed, it shall be planted or installed with growth or materials of such type and quality to effectively perform its purpose the year round. Such proposed buffering shall be reviewed by the Town Council prior to approval of the subdivision.
(9) 
Surface drainage facilities, culverts and storm sewers. Culverts and storm sewers shall be properly installed and connected with the Town system or as determined by the consulting engineer or other authorized Town authority. The storm drainage system shall be of such size as is required by the Town pursuant to requirements of the State of Delaware within the development; provided, furthermore, that any retention, detention or bioinfiltration ponds shall be located solely on common area in a development or subdivision and not on any single lot or lots.
(10) 
Sanitary sewers. Sanitary sewers shall be properly installed in accordance with the requirements of the Town, including conformity with requirements established in this chapter.
(11) 
Water supply facilities. Water supply facilities shall be properly installed in accordance with the requirements of the Town, including conformity with requirements established in this chapter.
(12) 
Underground utilities. Underground utilities shall be properly installed in accordance with the requirements of the Town, including conformity with requirements established in this chapter.
(13) 
Monuments. The applicant shall place permanent reference monuments of stone or concrete, at least 30 inches in length, and four inches square with suitable center point, flush with the finished grade at such locations as may be required by the Town Council. Monuments of noncorrosive metal pipe, 3/4 inches in diameter and at least 24 inches in length, shall be set in place flush with the finished grade at all intersections of streets; at all intersections of streets and alleys with subdivision boundary lines; at all points on streets, alleys and boundary lines where there is a change in direction or curvature; and all lot corners.
B. 
All of the above-listed improvements shall be subject to inspection and approved by the consulting engineer, who shall be notified 24 hours prior to such installation. No underground installation shall be covered until inspected and approved by the consulting engineer or other authorized Town authority.
The developer shall observe the following requirements and principles of the land subdivision in the design of each subdivision or portion thereof as well as specifications established and incorporated herein by reference and any additional requirements set by the Town Council.
A. 
General. The subdivision plat shall conform to design standards that will encourage good development patterns within the Town. The Town's requirements of streets, drainage, right-of-ways, storm sewers, school sites, parks, playgrounds and other services shall be satisfied before approval of the subdivision plat. The streets, drainage, right-of-ways, storm sewers or sanitary sewer plans shall be such as to lend themselves to the harmonious development of the Town and enhance the public welfare in accordance with the following design standards:
(1) 
The subdivision plat shall take into account proposals of the adopted Comprehensive Plan as appropriate in the area of proposed development and should relate to existing and proposed adjoining land uses.
(2) 
The subdivision layout shall conform to the provisions of the zoning districts in which it is located and the provisions of the Zoning Ordinance.[1]
[1]:
Editor's Note: See Ch. 210, Zoning.
(3) 
The subdivision layout shall conform to the principles and standards contained in this chapter.
(4) 
A tract shall be subdivided so that no remnants or landlocked spaces without access are created.
(5) 
Strip development (by example only and not by limitation, such as several houses built along a road while the remaining bulk of the parcel from which the lots are partitioned remains undeveloped and with limited access) of all types should be limited and avoided as leading to undesirable consequences relative to future development of interior parcels and compromise of the traffic integrity of the roads involved.
(6) 
Land which is unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, adverse earth formations or topography, utility easements or other features which will be reasonably harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the consulting engineer and where applicable to the rules and regulations of the State Department of Natural Resources and Environmental Control to solve problems created by the unsuitable land conditions. Such lands shall be set aside for uses as shall not involve such a danger.
(7) 
Cut or fill should be limited to those instances where it is required to achieve acceptable street grades, parking areas or building sites or where it will be used to enhance the site, such as by berms or swales which add visual interest or perform a useful function, such as screening or drainage.
(8) 
Subdivision planning shall take into consideration critical areas, waterways, natural topography, vegetation and especially historic spots, landmarks and social impacts.
(9) 
It is the intent of the Town to stress preservation of all agricultural lands which are feasible and worthwhile of such preservation in order to conserve such natural amenities. Where residential subdivisions are established adjacent to agricultural operations, the developer shall ensure that there shall be no negative effect on the agricultural operation. A forested buffer strip shall be provided along the outer perimeter of any portion of a residential subdivision or development adjacent to agricultural farmland of other ownership.
B. 
Streets.
(1) 
The arrangements of streets shall be such as to provide for the appropriate extension of existing streets.
(2) 
Minor streets shall be so designed as to discourage through traffic.
(3) 
Subdivisions abutting arterial streets shall provide a marginal service road, or reserve frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Town Council may determine appropriate.
(4) 
The minimum right-of-way width shall be measured from lot line to lot line and shall be in accordance with the following schedule:
(a) 
Arterial streets: 80 feet to 120 feet.
(b) 
Major collector streets: 50 feet to 80 feet.*
(c) 
Minor collector streets: 38 feet to 75 feet.*
(d) 
Minor streets: 30 feet to 50 feet.*
(e) 
Marginal access streets: 40 feet.
(f) 
Alley: 12 feet to 16 feet.
*See residential street standards incorporated by reference into said subsection.
(5) 
No subdivision showing reserve strips controlling access to streets shall be approved.
(6) 
Subdivisions that adjoin or include existing streets that do not conform to the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road.
(7) 
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 0.3 of 1%.
(8) 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersection shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
(9) 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(10) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(11) 
When connecting street lines deflect from each other at any point by more than 10° they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
(12) 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(13) 
Dead-end streets or cul-de-sacs of a permanent nature shall not be longer than 400 feet and shall provide a turnaround at the end with a radius of at least 40 feet.
(14) 
If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(15) 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
(16) 
All minor roadways shall be at least 25 feet between curbs and paved for the entire distance, except in single-family detached residential subdivisions of 10 lots or less and with approval of the Town.
(17) 
Dual-lane or boulevard-type street design shall be required for primary entrance streets of all residential subdivisions of 300 units or more, commercial developments greater than 30 acres or mixed-use developments of 150 acres or more.
(18) 
Upon findings by the Town that the street standards contained in this Code are not feasible or practical for a particular project or parcel, the Town may require such alternate or additional standards in accordance with good engineering principals as the Town may deem necessary.
(19) 
Minor streets, intended primarily for access to individual properties, shall be so arranged as to discourage their use by through traffic.
(20) 
Where the subdivision abuts or contains a major thoroughfare, the Town Council may require that measures be taken to reduce the impact of heavy traffic on the residential lots abutting or fronting upon such highway and to afford separation of through and local traffic by one of the following measures:
(a) 
By providing vehicular access to such lots by means of a service drive separated from the major thoroughfare by a planting strip at least 30 feet in width and connecting therewith at infrequent intervals.
(b) 
By designing reverse frontage lots having access only from a parallel minor street or from cul-de-sac or loop streets, and with vehicular access to such lots from the major thoroughfare prohibited by deed restrictions or other means.
(c) 
The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the Town Council or its staff by giving consideration to topography and other physical conditions, the character of existing and contemplated development in the subdivision and its surroundings, and other pertinent factors.
(21) 
Private alleys shall be provided in commercial and industrial areas, unless adequate access to parking and loading areas is provided by other means.
(22) 
Alleys may be permitted in residential areas, for the purpose of providing rear access to dwellings or where required by topographic or other unusual conditions exist. Residential alleys shall have a minimum right-of-way of 16 feet and a minimum pavement of 12 feet. In the absence of private alleys, easements will be required for utility lines or drainage facilities.
(23) 
No street referred to herein shall be dedicated to the Town nor accepted for dedication by the Town unless the street shall have been constructed to meet the standards and specifications of the Town.
(24) 
Each property corner at street intersections shall be rounded off by an arc, the radius of which shall be not less than 20 feet. Curbs at street intersections shall be rounded off concentrically with the property lines. The design of the intersection shall provide clear sight distance for oncoming vehicles, and there shall be a suitable leveling of the street grade within and approaching the intersection.
C. 
Blocks.
(1) 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance[2] and to provide for convenient access, circulation control and safety of street traffic.
[2]:
Editor's Note: See Ch. 210, Zoning.
(2) 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Town Council. Such walkway shall be 10 feet wide and perpendicular to the curbs on each side of the street. There shall be installed a five-foot walk paved in accordance with Town specifications. Lots abutting such a walkway shall be treated as a corner lot.
D. 
Lots.
(1) 
Lot dimensions and area shall not be less than the requirements of the Town Zoning Ordinance.[3]
[3]:
Editor's Note: See Ch. 210, Zoning.
(2) 
Insofar as is practical, side lot lines shall be at right angles to streets.
(3) 
Any lot shall front upon and have access to and from a public or private street. No structures may front on a minor collector street.
(4) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(5) 
Where there is a question as to the suitability of a lot or lots for its intended use due to factors such as rock formations, flood conditions or similar circumstances, the Town Council may, after adequate investigation, withhold approval of such areas.
(6) 
Double frontage and reserve frontage lots will not, in general, be approved, but if necessary, in the judgment of the Town Council, shall be required to establish a buffer zone and/or screen planting.
(7) 
Lot lines shall follow municipal boundary lines rather than cross them.
(8) 
Lot width may be reduced by a maximum of 25% on an approved cul-de-sac, curved area only.
E. 
Public use and service areas.
(1) 
In developments, easements along real property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
(2) 
Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. A drainageway channel which lies along a road and in front of lots or where it is felt that such would be a hazard to health and life by the Town Council shall be adequately replaced by storm sewer pipe of a size established by the consulting engineer. Setback line requirements as established by the Zoning Ordinance Schedule[4] along watercourse, etc., shall be satisfied.
[4]:
Editor's Note: See Ch. 210, Zoning.
(3) 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
F. 
Surface drainage facilities.
(1) 
All drainage facilities shall be constructed in accordance with minimum construction standards established by the consulting engineer or standards adopted by the Delaware Division of Highways and the Delaware Department of Natural Resources and Environmental Control in areas where it has jurisdiction.
(2) 
Where subdivision and/or development results in increased quantities of stormwater runoff leaving the area to be developed, the developer shall demonstrate that off-site drainage improvements are adequate to handle the additional water and that all new or expanded swales, ponds, pipes or other off-site improvements are located in dedicated easements which permit efficient access for maintenance purposes. Minimum standards shall be those established by the consulting engineer or the State Division of Highways and/or the Delaware Department of Natural Resources and Environmental Control where it has jurisdiction.
G. 
Parking areas. Sufficient parking areas shall be provided.
H. 
Flood control. Land subject to flooding and land deemed by the Town Council to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard; but such land with the plat shall be set aside for such uses as will not be endangered by periodic or occasional inundation nor will not produce unsatisfactorily living conditions; or shall be adequately drained and filled in accordance with regulations to the satisfaction of the Town, Delaware Department of Natural Resources and Environmental Control, and the U. S. Army Corps of Engineers.
I. 
Erosion and sedimentation control. All subdivision plans shall include adequate provision for control of temporary flooding or erosion and sediment control, both during construction and after completion of construction. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding and planting.
J. 
Water supply facilities. All subdivisions shall provide a connection to the Town's water supply and distribution system and fire hydrants.
K. 
Sanitary sewer facilities. All subdivisions shall provide a connection to the Town's sanitary sewer and wastewater facilities.
L. 
Underground utilities. All utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision and in accord with the rules and specifications of the State Public Service Commission laws on utility service in developments. Wherever existing utility facilities are located aboveground, except where existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plan. Underground service connections to the street property line of each platted lot shall be installed at the developer's expense.
M. 
Open space requirements.
(1) 
In new developments, active open space shall be provided on a sliding scale as follows:
Millsboro Open Space Requirements
Zoning Districts Project Gross Acreage Minimum Required Active Open Space
Medium-Density Residential (MR) 15.1 - 25 10%
25.1 or more 15%
High-Density Residential (HR) 5.1 - 15 10%
15.1 - 25 15%
25.1 or more 20%
Residential Planned Community (RPC) 15.1 - 25 20%
25.1 or more 25%
Mobile Home Park (MH) 15.1 - 25 15%
25.1 or More 20%
(2) 
Active open space standards.
(a) 
In new residential developments in the MR, HR, RPC, and MH Zones, active open space shall be designed to be centrally located and accessible to all residents in a community.
(b) 
Active open space may be in the form of one large area, or numerous smaller areas interspersed throughout the community.
(c) 
Town Council may require improvements (example: playground equipment) in the active open space areas which are appropriate to the intended future residents of the community.
(d) 
Active open space shall include no obstructions other than structures for amenities such as swimming pools, fountains, benches, playground apparatus, and landscaping.
(e) 
These amenities and structures may only cover up to a maximum of 50% of the total required active open space area.
(f) 
Active open space should be integrated with passive open space and natural areas whenever it is practical to do so.
(g) 
Active open space areas shall be connected to residences and to one another by sidewalks, walking trails, and/or any pathway or walkway system designed into the community.
(h) 
Recreational walking trails may count towards the active open space requirement at the discretion of the Town Council. Such walking trail shall not constitute more than 5% of the total active open space.
(3) 
Passive open space requirements.
(a) 
All lands in any new development project in any zone that are constrained by site limitations, environmental features, stormwater features or buffers as regulated by other parts of this chapter shall be set aside as passive open space. Passive open space areas either may be left in their natural states or enhanced using appropriate and environmentally sustainable planting, reforestation, or stabilization methods.
(b) 
Passive open space shall contain the following lands in new development projects:
[1] 
Riparian buffer areas.
[2] 
Floodplains.
[3] 
Wetland.
[4] 
Forested areas (outside lot lines).
[5] 
Water resource protection areas.
(c) 
Passive open space may also contain the following:
[1] 
Identified areas of cultural resources.
[2] 
Significant or important view sheds or aesthetic features.
(d) 
Passive open space shall be permanently protected through deed restrictions or conservation easements.
(e) 
Passive open space shall be demarked with permanent markers to ensure against encroachment.
(f) 
No structures or lot lines shall be permitted within passive open space, with the exception of walking trails, and utility infrastructure.
N. 
Inspection consultant. The Town Council may hire an inspection consultant not associated with the developer or improvement contractors to oversee and certify that improvements meet the standards set forth in this chapter. The inspection consultant's fee will be paid by the developer in a manner consistent with the standards established by the Delaware Division of Highways, Sussex County, Delaware. If the Town Council feels the hiring of an inspection consultant is unwarranted because of minimal improvements required of a subdivision, it shall state on the approved final plat plan "No Inspection Consultant Needed."
A. 
Unusual conditions. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in exceptional practical difficulty to the developer because of unusual topography or other conditions or because there are conditions which would result in inhibiting the achievement of the objectives of these regulations, the Town Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter or be contrary to the goals and objectives of the Comprehensive Plan for the Town.
B. 
Approval of modifications and exceptions. Variances, modifications and waivers from the requirements of this chapter shall be granted only by the affirmative vote of a majority of all the members of the Town Council. In granting variances, modifications and waivers, the Town Council may require such conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified or waived. This section does not apply to the requirements of other public agencies.
C. 
RPC/HR High-Density Residential District and RPC/MR Medium-Density Residential District. Where land is proposed for development in accordance with the provisions of the Zoning Ordinance[1] pertaining to the establishment of these districts, the requirements and conditions for approval as set forth in the Zoning Ordinance shall prevail in case of any conflict with these regulations; provided, however, that nothing in this section shall be construed as permitting any exception from the requirements of these regulations with regard to the design, arrangement or improvement of streets and highways within any proposed High-Density Residential District or Medium-Density Residential District.
[1]:
Editor's Note: See Ch. 210, Zoning.
A. 
No building permit shall be issued nor shall construction be authorized by the Town on lands where a subdivision plat is required to be approved and recorded as provided herein unless such construction or use is in compliance with this chapter. No permit shall be issued until all required improvements have been installed, constructed or placed for the lot for which the permit is to be issued or until bonds or performance guaranties have been established in accordance with the provisions of this chapter.
B. 
It shall be the duty of the Building Official or other Town officials to enforce these regulations and to bring to the attention of the Town Council any violation or lack of compliance herewith.
C. 
Every act or omission in violation of this chapter shall be punishable by a fine not to exceed $500 or be imprisoned for not more than 30 days or both. Where such an act or omission is of a continuing nature, each and every day during which such act or omission continues shall be deemed a separate violation.
D. 
If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Town Council is required to act, such person shall be subject to a fine not to exceed $200 or be imprisoned for not more than 30 days, or both, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
E. 
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief.
F. 
In any such 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 developer or his assigns or successors to secure the return of any deposit made or any 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. Any provision of this chapter to the contrary notwithstanding, the Town Council, upon application from an owner and upon such terms and conditions as are determined by the Town Council necessary to protect prospective purchasers of lots to be sold by the owner and following approval by the Town Council of the sketch map required by this chapter and before final approval of the subdivision, may grant the owner permission to enter into agreements of sale for lots within the proposed subdivision, provided that there shall be no down payment in excess of 10% of the purchase price or $10,000 from any one purchaser, whichever is the lesser, and not more than 30% of the lots in the proposed subdivision shall be subject to any agreement of sale.
G. 
In any case where the Town institutes legal proceedings to enforce this chapter, the Town shall be entitled to collect from the offending party or parties the Town's reasonable legal fees and costs incurred in such enforcement or prevention action.
A. 
Any applicant aggrieved by a finding, decision or recommendation of the Town Council may request and shall receive opportunity to appear before the Town Council to present additional relevant information and request reconsideration of the original finding, decision or recommendation.
B. 
Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
These subdivision regulations shall be considered the minimum requirements for the protection of the public health, safety and welfare of the Town. Any action taken by the Town Council under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
All ordinances or parts of ordinances other than the Zoning Ordinance[1] or the Building Code of the Town which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. If any article, section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.
[1]:
Editor's Note: See Ch. 210, Zoning.
These subdivision regulations shall become effective upon adoption and shall remain in force until amended or rescinded by ordinance.