[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Editor's Note: This chapter superseded former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."
American Association of State Highway and Transportation
Officials.
Most current edition of AASHTO's publication "A Policy on
Geometric Design of Highways and Streets."
Average daily trips.
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.
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.
Permission from Town to developer where project is phased
and utilities are completed.
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.
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.
Certification to the developer that all provisions of the
subdivision regulations and other applicable codes of the Town have
been fulfilled as required.
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.
Any combination of lots.
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.
[Amended 3-4-2019; 8-1-2022]
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.
Town Council acceptance of utilities subject to final acceptance.
A dead-end street provided with a cul-de-sac at the end to
facilitate turnaround of traffic.
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.
See "Subdivision."
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.
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.
Any street which has two separated roadways divided by an
island or grass plot and designated for one-way traffic on each roadway.
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.
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."
Approval by Town Council of subdivision plat and construction
improvement plans.
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.
Specification for highway improvements of the Town or standard
specification of the Highway Department of the State of Delaware.
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.
A permit authorizing improvement to be constructed in accordance
with the terms and conditions of approved construction plans and specifications.
A member in good standing of the Delaware Bar.
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.
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.
All subdivisions not classified as partitionings or minor
subdivisions.
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.
Any street which is primarily used to serve local traffic
or abutting lots and handles a traffic volume of less than 500 ADT.
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.
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.
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.
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.
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.
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.
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.
A plan prepared by a registered engineer showing the construction
details of a proposed improvement in accordance with an approved subdivision
plan.
The Town's plan of streets and alleys, including those which
have been or may be laid out but not opened.
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.
The map of a subdivision or land development.
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.
The plat or plan which has received preliminary approval.
Agreement executed between the developer and the Town covering
terms and conditions related to construction of roads and other infrastructure
in approved developments.
A street serving traffic from primarily residential detached
lots.
A street serving traffic from townhouse lots.
The public dedicated width of street, alley, accessway or
crosswalk.
Sanitary sewer specifications of the Town, Sussex County
and the State of Delaware.
Stormwater drainage and/or management system specifications
of the State of Delaware and the Town, if any.
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.
Road class to be determined as either minor, minor collector,
or major collector in accordance with the respective definitions given
in this section.
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.
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.
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.
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.
[Amended 3-4-2019; 8-1-2022]
The plan which is being reviewed for preliminary approval.
The Town of Millsboro or, as appropriate, the Town Council.
Water main specification of the Town, Sussex County and the
State of Delaware.
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.
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.
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.
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.
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.
(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.
(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. In addition to
the foregoing notice, the Town Manager shall cause to be posted at
one or more prominent and easily visible places on the property which
is the subject of the major subdivision application, on eighteen-inch-by-twenty-four-inch
yellow cardboard, a public notice setting forth the date and time
at which the Town Council has scheduled a public hearing concerning
preliminary approval of the major subdivision application, the name
of the party requesting preliminary approval of the major subdivision
application, the application number assigned to the major subdivision
request (if any), a description of the property involved, and a statement,
in plain language, of the nature of the major subdivision requested.
The notice shall also include Town Hall's address and telephone number
for interested parties seeking further information on the public hearing
and the proposed major subdivision. One such notice sign shall be
posted for each street on which the subject property fronts. It shall
be the responsibility of the party who has requested the major subdivision,
and not the responsibility of the Town, to maintain the notice signs
in good condition during the posting period. Said notice sign or signs
shall be posted at least 15 days prior to the public hearing and shall
remain posted until the Town Council has taken a final action upon
the requested preliminary approval of the proposed major subdivision.
[Amended 11-7-2022]
(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.
(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.
(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. In addition to the foregoing notice, the Town Manager shall
cause to be posted at one or more prominent and easily visible places
on the property which is the subject of the major subdivision application,
on eighteen-inch-by-twenty-four-inch yellow cardboard, a public notice
setting forth the date and time at which the Town Council has scheduled
a public hearing concerning final approval of the major subdivision
application, the name of the party requesting final approval of the
major subdivision application, the application number assigned to
the major subdivision request (if any), a description of the property
involved, and a statement, in plain language, of the nature of the
major subdivision requested. The notice shall also include Town Hall's
address and telephone number for interested parties seeking further
information on the public hearing and the proposed major subdivision.
One such notice sign shall be posted for each street on which the
subject property fronts. It shall be the responsibility of the party
who has requested the major subdivision, and not the responsibility
of the Town, to maintain the notice signs in good condition during
the posting period. Said notice sign or signs shall be posted at least
15 days prior to the public hearing and shall remain posted until
the Town Council has taken a final action upon the requested final
approval of the proposed major subdivision.
[Amended 11-7-2022]
(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:
(8)
Approval of each subdivision application shall be
subject to the following standard conditions:
(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.
[Amended 2-4-2019; 9-6-2022]
(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.
(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.
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|
| ||
|
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.
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|
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:
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"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. _____"
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(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.
(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.
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*See residential street standards incorporated
by reference into said subsection.
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(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.
(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.
(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.
(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 and parking spaces, as required by Chapter 210, Zoning, shall be provided.
[Amended 11-7-2022]
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:
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Millsboro Open Space Requirements
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|---|---|---|---|
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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.
(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.
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.
These subdivision regulations shall become effective
upon adoption and shall remain in force until amended or rescinded
by ordinance.
