Town of Elsmere, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 3-12-1991 by Ord. No. 265. Amendments noted where applicable.]
These regulations shall be known and may be cited as the "Subdivision and Development Regulations" of the Town of Elsmere, Delaware.
[Amended 5-30-1996 by Ord. No. 326]
By authority of the Home Rule Charter of the Town of Elsmere, the Council of the Town of Elsmere, Delaware, hereafter referred to as "the Council," adopts the following regulations governing the subdivision of land within the corporate limits of Elsmere, Delaware, and hereby exercises its authority to review, approve and disapprove plans for the subdivision of land within the corporate limits of Elsmere, Delaware. By the authority of the Town of Elsmere Ordinance No. 99,[1] the Planning Commission shall exercise its authority to review plans for the subdivision of land and make recommendations for approval or disapproval. The Town of Elsmere shall be exempted from these regulations.
[1]
Editor's Note: See Ch. 38, Planning Commission.
The purpose of this chapter is to assure adequate sites suitable for residential, industrial and commercial development within the Town. Such development should be coordinated with existing streets and structures to ensure that adequate open space and efficient traffic flow are maintained. These subdivision regulations are designed to protect and preserve the health, safety and general welfare of all Elsmere residents.
A. 
This chapter shall apply to any lot or lots forming a part of a subdivision created before or after the effective date of this chapter. This chapter shall supersede all other ordinances or provisions of the law with which it may be in conflict. This chapter, however, is not intended to impair or interfere with private restrictions placed upon property by deed, covenant or other private instrument, or with restrictive covenants running with the land. Where this chapter imposes a greater restriction upon the land than is imposed or required by such existing provisions of law, ordinances, contract, or deed, the provisions of this chapter shall control.
B. 
If any part of this chapter is judged to be invalid by any court of competent jurisdiction, such judgment will only apply to the part of the ordinance declared to be invalid and will not affect the validity of the remainder of the regulations.
C. 
This chapter will not apply to any action pending under the existing regulations.
A. 
No tract, parcel or lot of land shall be divided, redivided, subdivided or resubdivided by recorded plat, separation of ownership or lease into two or more tracts, parcels or lots, except in strict accordance with all provisions of this chapter and the subdivision regulations adopted hereunder.
B. 
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, building structure or structures thereon or on any parcel thereof by more than two families or more than two businesses, professional, personal service or industrial establishments, except in strict accordance with the provisions of this chapter and the subdivision regulations adopted hereunder.
C. 
No public street, and no private street, alley or driveway intended to be used by more than two families or by more than two businesses, professional, personal service or industrial establishments or by customers of such businesses, professional, personal service or industrial establishments or by the public, and no sanitary sewer, water main or storm drain shall be laid out, constructed, opened or used over, through or under any tract, parcel or lot, except in strict accordance with the provisions of this chapter and the subdivision regulations adopted hereunder.
A. 
No permit to erect, alter or repair any building upon land in a subdivision may be issued and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and the required agreements have been executed.
B. 
No work, grading, excavation, construction, erection or building shall be commenced or done within any subdivision except in strict accordance with provisions in this chapter and the subdivision regulations adopted hereunder and pursuant to an approved subdivision plan and required agreements; provided that this section shall not prevent the making of test borings or engineering surveys.
C. 
Upon application and upon a showing that there has been full compliance with the subdivision regulations, the Building Code, the Zoning Ordinance[1] and all other applicable ordinances and regulations of the Town of Elsmere and the laws of the State of Delaware, the Building Committee of the Town shall issue a certificate of occupancy to the developer for any dwelling house, building or structure.
[1]
Editor's Note: See Ch. 76, Building Construction, and Ch. 225, Zoning.
D. 
No dwelling house, building or structure located in any subdivision shall be occupied or used, wholly or partially, until a certificate of occupancy as provided above shall be issued. No land on which any dwelling house, building or structure is located which is within a subdivision shall be conveyed and no possession of such land or dwelling house, building or structure shall be transferred until a certificate of occupancy as provided above has been issued.
A. 
Resubdivision. Any change in the map of an approved or recorded subdivision (including plans approved prior to the adoption of this chapter) which affects street layout, areas dedicated for public use or any lot line, shall be reviewed by the same procedure, rules and regulations as for a subdivision.
B. 
Future resubdivision. Whenever a parcel of land is subdivided and the subdivision plan shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided into small building sites, the Town Council may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plan.
A. 
The owner of an approved subdivision or any part of an approved subdivision may vacate said plan or any portion of said plan by submitting to the Town Manager a written request stating:
(1) 
The reasons for vacation; and
(2) 
Metes and bounds description of said property to be vacated. The written request must be accompanied by a copy of the approved and recorded plan.
B. 
The request shall be acted upon by the Town Council upon recommendation of the Subdivision Advisory Committee and Planning Commission. The Town Council may reject any request it deems not to be in the best interests of the public.
C. 
When the owners of several adjacent parcels wish to vacate recorded plans, a joint written document may be submitted to the Town Manager.
[1]
Editor's Note: Former § 196-9, Schedule of fees, was repealed 9-14-2000 by Ord. No. 386. See now Schedule A, Fees, at the end of Ch. 225, Zoning.
The Town Council reserves the right to place conditions upon the approval of the subdivision of land.
A. 
The Town Manager, with approval of Town Council, may waive any requirement of these regulations as they may pertain to any development which, prior to annexation, had obtained subdivision approval from New Castle County.
B. 
The Town Manager, with approval of the Town Council, may waive any requirement of these regulations as they may pertain to any minor subdivision for the purpose of creating a lot in which the Town of Elsmere has or is intended to receive an ownership interest.
[Added 8-8-1996 by Ord. No. 328]
Nothing in this chapter shall be construed as to create any liability to the Town of Elsmere, its agents, servants and employees with respect to the administration and endorsement of the regulations adopted hereunder.
A. 
The Town Council may amend these subdivision regulations by ordinance. Public hearings on all proposed amendments shall be held by the Planning Commission and Town Council after having been advertised in a newspaper of local circulation at least 14 days prior to the meeting date. In the case of an unfavorable report by the Planning Commission, such amendment shall not become effective except by a favorable vote of 3/4 of the Town Council.
B. 
Any subdivision or land development plan that has been officially accepted in writing for review at the time of the effective date of any revision, modification or amendment shall continue to be reviewed under previous regulations through recordation of a plan.
C. 
The Planning Commission shall review the regulations annually to determine the advisability of recommending revisions or amendments in light of changing standards and technological advances.
The subdivision regulations in effect prior to the enactment of these subdivision regulations shall be applicable to any final subdivision plan approved by Council prior to the enactment of these regulations.
A. 
It shall be the duty of the Town Manager to enforce these regulations and to bring to the attention of the Town Solicitor and Town Council any violations or lack of compliance herewith.
B. 
No building permit shall be issued for the construction of any building or structure located on a lot subdivided or sold in violation of the provisions of these regulations.
A. 
The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading these regulations shall not be permitted. All such described subdivisions shall be subject to all of the requirements contained in these regulations.
B. 
No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before the subdivision has been approved by the Town Council in accordance with the provisions of these regulations and a plan filed with the New Castle County Recorder of Deeds.
C. 
The Town Council or any owner of real estate affected by a violation of this section may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or otherwise correct such action.
[Amended 9-10-2015 by Ord. No. 600]
Any violation of these regulations shall be a misdemeanor, punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment not to exceed six months, or by both fine and imprisonment. Any person who shall violate these regulations shall be deemed guilty of a separate offense for every day that the violation shall continue. Furthermore, any person, partnership, corporation, etc., who, prior to entering into a public works agreement to secure the necessary improvements, contracts to sell, conveys, rents or leases any lots or dedicated or reserved areas which form part of a subdivision, shall be guilty of a misdemeanor and be subject to the above penalties. Each parcel, plat or lot so disposed of shall be deemed a separate violation of this chapter.
A. 
For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as set forth in this section.
B. 
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations;" the word "regulations" means "these regulations."
C. 
A "person" includes a corporation, a partnership and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure;" a "building" or "structure" includes any part thereof; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
D. 
Words and terms defined.
ACCESSWAY
A right-of-way which provides common vehicular and pedestrian access to a property or properties, extending not more than 400 feet from a street to a dead end.
ADMINISTRATIVE SUBDIVISION
The adjustment of property lines or straightening of boundaries; does not create a lot upon which building can occur. (See § 196-21.)
ALLEY
A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT
The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
ARCHITECT
An architect registered by the Delaware State Board of Examiners and Registration of Architects.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and includes any structure.
BUILDING SETBACK LINE
A line extending between the two side lot lines of a lot or parcel of land which is parallel to and a stated distance from a street line.
CARTWAY (roadway traveling)
That portion of a street right-of-way which is intended for use as a means of vehicular circulation.
COLLECTOR STREET
A street which serves as the connection from minor streets to the arterial street system.
CONSTRUCTION IMPROVEMENTS PLAN
The maps or drawings accompanying a subdivision plan and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Town Council as a condition of the approval of the plat.
CROSSWALK
A right-of-way municipally or privately owned, 10 feet or more in width, which cuts across a block in order to improve pedestrian access to adjacent street or properties.
CUL-DE-SAC
A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement, including the turning of fire trucks.
DEVELOPER
The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
DWELLING UNIT
Any structure or part thereof, designated to be occupied as living quarters for one or more individuals customarily living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
EASEMENT
Authorization by a property owner for the use by another and for a specified purpose, of any designated part of his property.
ENGINEER
An individual technically qualified in the State of Delaware and registered by the Delaware Association of Professional Engineers; or in the case of a structure only, in lieu of an engineer, an architect registered by the Delaware State Board of Examiners and Registration of Architects.
FRONTAGE
That side of a lot abutting on a street or way ordinarily regarded as the front of the lot. All sides of a corner lot abutting on a street will be considered frontage.
IMPROVEMENTS
See "lot improvement" or "public improvement."
LANDSCAPE SCREENING
Any planting, structure, device, wall, fence or combination of materials with a sufficient height above finished grade so as to create a visual barrier or improve or enhance the natural environment.
LOCAL STREET
A street used primarily as the principal means of access to adjacent residential properties.
LOT
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for purpose, whether immediate or future, of transfer of ownership or for building development.
LOT, CORNER
A lot situated at the intersection of two streets.
LOT IMPROVEMENT
Any building, structure, place, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
MAIN THOROUGHFARE
A street which serves or is designated to serve as a connection between uses which generate heavy traffic volumes and/or between other arterial streets.
MAJOR SUBDIVISION
The division of any parcel of land into six or more lots upon which building can occur, with the following exceptions: All subdivisions regardless of number or size of lots which create new streets shall be classified as major subdivisions; all multifamily developments of six or more families regardless of number or size of lots shall be classified as major subdivisions; all commercial, business or industrial developments regardless of the number or size of lots shall be classified as major subdivisions, except where no new streets or other public improvements are created.
MINIMUM LOT AREA
The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way.
MINOR SUBDIVISION
The division of a parcel of land into five or fewer residential lots upon which building can occur (in accordance with Chapter 225, Zoning) or the adjustment of property lines to permit the expansion of an existing structure. The minor subdivision shall not involve any new street or road. The division of a parcel of land for commercial or industrial uses where no new streets or other public improvements are involved.
MONUMENT
A stone or concrete boundary marker intended to fix the physical location of property lines, having a flat top at least five inches in diameter or four inches square and at least 36 inches in length.
MULTIFAMILY DWELLING UNIT
A dwelling unit which is intended for sale, lease or rental located in a residential building designed for or occupied by three or more households.
NONRESIDENTIAL SUBDIVISION
A subdivision whose intended use is other than residential, such as business, commercial or industrial.
OFF-SITE
Any premises not located within the perimeter of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OFFICIAL MAP
The map established by the Town Council pursuant to law showing the streets, highways and parks and drainage systems and setback lines theretofore laid out, adopted and established by law and any amendments or additions thereto adopted by the Town Council or additions thereto resulting from the approval of subdivision plats by the Town Council and the subsequent filing of such approved plats.
OPEN SPACE, PRIVATE
A plot or area of land and/or water which is not dedicated to public use, but is intended for active and/or passive recreational use or other similar open uses, excluding areas used or intended to be used for buildings, parking, loading and streets.
OPEN SPACE, PUBLIC
A plot or area of land and/or water which is dedicated to public use by legal mapping and/or by any other lawful procedure and which is intended for active and/or passive recreational use or other similar open uses, excluding areas used or intended to be used for buildings, parking, loading and streets.
ORDINANCE
Any legislative action, however denominated by the Town of Elsmere, which has the force of law, including any amendment or repeal of any ordinance.
OWNER
Any persons, group of persons, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARK AND RECREATION IMPROVEMENT FUND
A special fund established by the Town Council to retain moneys contributed by developers in accordance with the "money in lieu of land" provisions of these regulations to purchase recreational lands within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision.
PLANNING COMMISSION
The Planning Commission of the Town of Elsmere established in accordance with Ordinance No. 99 (May 1969)[1] to advise the Council on zoning and planning, in addition to other matters.
PUBLIC IMPROVEMENT
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the Town of Elsmere may ultimately assume the responsibility for maintenance and operation, of which may affect an improvement for which Town responsibility is established. All such improvements shall be properly bonded.
REGISTERED ENGINEER
An engineer properly registered in the state.
REGISTERED LAND SURVEYOR
A land surveyor properly licensed and registered in the state.
RESERVE STRIP
A parcel of ground in separate ownership separating a street from other adjacent properties or from other streets.
RESUBDIVISION
A change in a map of an approved or recorded subdivision plan if such change affects any street layout on such map or area reserved thereon for public use or any lot line; or it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
REVERSE FRONTAGE LOTS
A lot extending between and having frontage on two generally parallel streets, one major and one minor, with vehicular access solely from the minor street.
REVERSE SUBDIVISION
The combining of an existing parcel of land with one or more contiguous parcels of land in order to create one single parcel.
[Added 2-12-2015 by Ord. No. 590]
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on an approved subdivision plan is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of areas of such lots or parcels. Rights-of-way intended for streets, crosswalks water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to the public use by the developer or owner of the approved subdivision on which such right-of-way is established.
STREET, DEAD END
A street or a portion of a street with only one vehicular-traffic outlet.
STREET RIGHT-OF-WAY WIDTH
The distance between property lines measured at right angles to the center line of the street.
SALES or LEASE
Any immediate or future transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, intestate succession or transfer or an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate (not disposed of by will, having made no will) succession or other written instrument.
SETBACK
The distance between a building and a street line and a building and all surrounding property lines as established by the Zoning Ordinance of the Town of Elsmere.[2]
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER
Any person who:
(1) 
Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or
(2) 
Directly or indirectly sells, leases or develops or offers to sell, lease or develop or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plat in a subdivision; or
(3) 
Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision; and
(4) 
Is directly or indirectly controlled by or under direct or indirect common control with, any of the foregoing.
SUBDIVISION
Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. "Subdivision" includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map plat or other recorded instrument. (See "administrative subdivision," "minor subdivision," and "major subdivision" and § 196-5 above.)
SUBDIVISION ADVISORY COMMITTEE
A committee comprising of Town Manager, building officials, Town Engineer, Town Fire Marshal or his designate and the Chief of Police or his designate and such members of public, semipublic and private agencies, departments, corporations, associations or groups having an interest in the subdivision plan review process, coordinated by the Town Manager to review subdivision proposals in accordance with these regulations.
SUBDIVISION AGENT
Any person who represents or acts for or on behalf of a subdivider or developer, in selling, leasing or developing or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
SUBDIVISION, MAJOR
See "major subdivision."
SUBDIVISION, MINOR
See "minor subdivision."
TOWN COUNCIL
Council of the Town of Elsmere, Delaware, which is the legislative body having the power to adopt ordinances.
TREE
Any woody plant which has a trunk diameter of 2 1/2 to three inches or more in diameter measured three feet above the ground level.
WORKDAYS
The number of days established in these regulations for steps in the review and approval process for subdivision applications. All workday limits shall be guidelines which may be modified by the Town Manager upon reasonable cause. Workdays shall mean Monday through Friday, not including days in which the Town municipal building offices are closed.
[1]
Editor's Note: See Ch. 38, Planning Commission.
[2]
Editor's Note: See Ch. 225, Zoning.
The Town Manager shall keep an accurate public record of its findings, decisions and recommendations relative to all subdivision plans filed with it for review and approval.
A. 
If the literal compliance with any mandatory provision of the regulations contained in this chapter appears to the satisfaction of a majority of the members of the Board of Adjustment present at a scheduled public hearing, to be unreasonable and to cause undue hardship as it applies to a property to be subdivided, the Board of Adjustment may grant a variance to the subdivider of such property from such mandatory provision, so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter.
B. 
In granting variances, the Board of Adjustment may impose such conditions as will, in its judgment, substantially secure the objectives of the standards or requirement so varied.
C. 
Requests for variances from these regulations shall be submitted to the Town Manager who shall contact the Board of Adjustment chairman to fix a time and place to the Board for holding a public hearing on the variance request. The Town Manager shall cause notice of the public hearing to be published in the legal notices of the Wilmington News Journal, at least 14 days before the date of the hearing. The notice shall contain the time, date and place of the hearing and shall specify the place and times at which information and maps relating to the proposed variance may be examined.
D. 
Requests for variance of the subdivision and land development regulations shall be subject to a nonrefundable filing fee per section, to be due and payable to the Town at the time the request is submitted.
The adjustment of property lines or straightening of boundaries which does not create additional building lots shall be approved and reviewed as administrative subdivision under the procedures and regulations below:
A. 
Application and submission procedures.
(1) 
The Town Manager will provide application forms and information to applicants when requested regarding subdivision procedures. An applicant for subdivision approval must provide the following:
(a) 
A completed application for subdivision approval.
(b) 
The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner and the name of the land surveyor, if any.
(c) 
The names and addresses of all adjacent property owners.
(d) 
A reproducible drawing and 10 prints drawn to a scale of one inch equals 50 feet, including the following information:
[1] 
The location of all roadways within 100 feet of the property to be subdivided.
[2] 
The location of all buildings and accessory buildings on the property being subdivided.
B. 
Review procedure.
(1) 
The Town Manager shall, within 10 working days, review the proposed subdivision. Preliminary approval for the administrative subdivision shall be made by the Town Manager if the proposed subdivision will not be detrimental to the public health, safety or general welfare of the Town or appear injurious to other property. If the Town Manager disapproves the administrative subdivision, the applicant may request a Planning Commission and Town Council review of the proposal for final determination.
(2) 
Within three working days of preliminary approval of the administrative subdivision, the Town Manager shall send notices of the proposed subdivision to all adjacent property owners and members of the Planning Commission and Town Council. The applicant may fulfill the requirement of notification by supplying the Town Manager with written statements from adjacent property owners stating that they have reviewed the proposed subdivision and have no objections. If such statements are not provided by the applicant, the Town Manager shall proceed with notification. Notices to adjacent property owners shall explain that they have an opportunity to review the proposed subdivision in the Town of Elsmere offices, to object in writing to the proposal and to request a public hearing before the Planning Commission and Town Council to review the proposal. Notices shall, in addition, be sent to adjacent property owners if the Town Manager disapproves the subdivision and the applicant requests a Planning Commission and Town Council review.
(3) 
If no objections are forthcoming from adjacent property owners, within 10 days, the Town Manager shall issue final approval of the administrative subdivision.
(4) 
After the approval of an administrative subdivision, the Town Secretary shall certify such approval on the subdivision plot plan which shows distinctly the part to be recorded. The Town Manager shall certify on the approved subdivision plot plan that said plans and related plans comply with all requirements of the subdivision regulations and deviations, if any, from the subdivision regulations have been noted and qualified. Three copies of the plan shall be signed and provided to the Town Solicitor for recordation and certification. A copy of the approved plan shall be forwarded to the applicant.
All division of land into five or fewer residential lots upon which building can occur or the adjustment of property lines to permit the expansion of an existing structure shall be approved and reviewed as a minor subdivision under the procedures and regulations below. Subdivisions of five lots or fewer which involve any new street or road shall be reviewed and approved as major subdivisions. All division of land into commercial or industrial lots where no new streets or other public improvements are involved shall be reviewed and approved as minor subdivisions.
A. 
Application and submission procedures.
(1) 
The Town Manager will provide application forms and will provide the information to applicants when requested regarding subdivision procedures. The applicant for subdivision must provide the following:
(a) 
A completed application for subdivision approval.
(b) 
An affidavit of ownership which shows the book and page number of each conveyance to the present owner as recorded in the County Recorder of Deed's offices.
(c) 
A reproducible original and 10 copies of a subdivision plan drawn to convenient scale (one inch equals 20 feet through one inch equals 100 feet) and showing date, scale and North point. Each sheet shall be numbered to show its relation to the total number of sheets. The subdivision plan shall include the following information:
[1] 
A title consisting of the name of the fee simple or equitable owners (s) of the land to be subdivided, the name(s) and address(es) of the subdivider(s) if different than the owner(s) name and address of the Delaware registered engineer, land surveyor or architect. The subdivision plan shall bear the certificate, signature and seal of a Delaware registered engineer, land surveyor or architect.
[2] 
A graphic and written scale along with date, including the month, day and year that the original ground was completed and the month, day and year that the original drawing was revised.
[3] 
A location map drawn to the scale of one inch equals 800 feet indicating the location of the property and its relationship to all streets and other property within 1,000 feet of the applicant's property.
[4] 
The total area of parcel in acres.
[5] 
The courses and distances of the boundary line survey on all properties being subdivided.
[6] 
The proposed name of the subdivision which shall not duplicate the name of any other subdivision in the Town.
[7] 
The layout and dimensions of all proposed lots which will be created by the subdivision.
[8] 
The names of all property owners of unsubdivided property within 200 feet of the extreme limits of the subdivision as their names appear in the tax records. In the event that lots adjoin the land to be subdivided, the subdivision name and lot number of the adjoining lot shall be shown. The zoning classification governing the tract and adjoining properties shall be shown.
[9] 
The location of all existing and proposed watercourses and natural drainage flows and the location and size of storm sewers and other related stormwater facilities which may influence the design of the subdivision.
[10] 
The location of the open floodway district and floodway fringe, if applicable.
[11] 
The location, widths and names of all existing roads upon which the proposed subdivision will front and within 100 feet of the proposed subdivision.
[12] 
Contour lines at vertical intervals of two feet for land with average natural slope of four feet or less and at intervals of five feet for land with average natural slope exceeding 4%.
[13] 
Location of proposed landscape screening, if applicable.
[14] 
The general location of mature tree stands, if any.
[15] 
The location and size of existing and proposed waterlines which serve the proposed subdivision.
[16] 
The location and size of existing and proposed sanitary sewers which serve the proposed subdivision.
[17] 
Location of all proposed sidewalks.
[18] 
The dimensions and area of all property to be dedicated or reserved for public open space use or to be dedicated for use of all property owners in the subdivision and the location, dimensions and purpose of any proposed easements, if applicable.
[19] 
Proposed parking areas and number of parking spaces, where applicable.
[20] 
The approximate location of proposed buildings and the amount of land to be used for buildings expressed as a percentage of total land area, if applicable. The location of existing buildings and a description of their present or intended use.
[21] 
The North point, the phrase "Minor Subdivision Plan" and the phrase "Town of Elsmere, Christiana Hundred, New Castle County, Delaware.
[22] 
Sediment and stormwater plans.
[Added 6-8-2017 by Ord. No. 629]
[a] 
Preparation of sediment and stormwater plans according to standards set within the current Delaware Sediment and Stormwater Regulations, including, at a minimum, the following information:
[i] 
The use and maintenance of appropriate structural and nonstructural sediment and erosion controls and other BMPs to reduce polluted discharges to the MS4 during the time when construction is underway.
[ii] 
Specifications for construction site operators to control wastes such as discarded construction or building materials, concrete truck washout, chemicals, litter, oil, and sanitation waste.
[iii] 
Description of the characteristics and limitations of soil as indicated by the New Castle County Soils Survey.
[iv] 
Description of the recharge capabilities of the site and analysis of the proposed subdivision's impact upon those recharge capabilities.
[v] 
Computation of pre- and post-development stormwater runoff levels.
[vi] 
Any other substantial adverse environmental effects.
[b] 
Plans and computations will be provided to the New Castle Conservation District (NCCD) for review and approval under agreement with the Town. NCCD will ensure that BMPs are properly constructed and installed according to requirements set forth according to the Delaware Sediment and Stormwater Regulations. NCCD will inspect construction sites and enforce control measures, and will notify operators if federal NPDES General Permit requirements are not being met (i.e., weekly inspections), and provide enforcement if necessary.
B. 
Review and approval process.
(1) 
Twenty-five copies and a reproducible original of the subdivision plan shall be submitted by the applicant to the Town Manager. The Town Manager shall, within three workdays, distribute subdivision plan copies to the Building Committee and the Town Engineer and Town Council. Within 15 working days of the receipt of the subdivision plan, the Building Committee and Town Engineer shall review, prepare and return written comments to the Town Manager.
(2) 
Upon receipt of departmental comments, the Town Manager shall prepare a written report to the applicant indicating those suggestions, concerns or problems pointed out by the Building Committee and Town Engineer. This report shall be prepared within five workdays and forwarded to the applicant. The applicant may then revise or amend the subdivision plan as per Building Committee and Town Engineer suggestions.
(3) 
If no concerns are raised by the Building Committee or Town Engineer or if concerns are eliminated through applicant revisions in the subdivision plan, the Town Manager shall, within five workdays, prepare a written report containing the recommendations concerning the subdivision plan to the Planning Commission and Town Council.
(4) 
The Planning Commission shall review the subdivision plan and within 40 workdays, issue a recommendation to the Town Council concerning the subdivision plan. If approved, the Town Solicitor should prepare a subdivision agreement to be signed by the applicant and the Town Manager upon approval by Town Council.
(5) 
Upon receipt of the Planning Commission report, Town Council shall review the subdivision plan for final determination. The subdivision plan and agreement shall be submitted to Town Council with a resolution of approval. The resolution, plan and agreement shall be approved, approved with conditions or disapproved by Town Council.
(6) 
After approval or approval with conditions, the Town Secretary shall certify such approval on the subdivision plot plan which shows distinctly the part to be recorded. The Town Manager shall certify on the approved subdivision plot plan that said plans and related plans comply with all requirements of the subdivision regulations and deviations, if any, from the subdivision regulations have been noted and qualified. Five copies of the plan shall be signed and provided to the Town Secretary's for recordation and certification. A copy of the approved plan shall be forwarded to the applicant.
(a) 
Following approval of the subdivision plan by Town Council, the subdivider or developer shall prepare the necessary construction improvements plans for approval by the Town in accordance with § 196-24 of these regulations. Approval of the subdivision plan by Council shall indicate the Town's approval of the construction improvement plans.
(b) 
If, however, the subdivision plan is not completed in full within five years from the date of approval by Town Council, the applicant is required to reapply for subdivision approval to the Planning Commission beginning with Subsection B above.
(7) 
Within 15 working days after Council approval, all agreements, easements and deeds of land concerning the subdivision plan shall be executed and signed by the applicant and the Town Manager.
A. 
Sketch plan.
(1) 
Submission procedures.
(a) 
The sketch of a proposed subdivision shall be clearly and legibly drawn to the following scale:
One to 20 acres: one inch equals 50 feet
Twenty-one to 100 acres: one inch equals 100 feet
Above 100 acres: one inch equals 200 feet
(b) 
A reproducible original and 25 prints shall be submitted to the Town Manager.
(2) 
Required information. The sketch plan shall contain at least the following data, legibly drawn to scale, but not necessarily showing precise dimensions:
(a) 
Approximate tract boundaries and existing and proposed zoning districts accurately labeled.
(b) 
The phrase "sketch plan."
(c) 
Approximate total area in acres.
(d) 
North point, scale and date, including the month, day and year that the original drawing was completed and the month, day and year that the original drawing was revised, for each revision.
(e) 
Significant planimetric, topographic and physical features.
(f) 
Proposed general street and lot layout and proposed utility and drainage easements.
(g) 
Name and address of the owner and/or subdivider and registered civil engineer, professional land surveyor or land planner, if any, responsible for the preparation of the sketch plan.
(h) 
A general location map.
(i) 
Existing street, utility and drainage easements within the tract and adjacent to it if they have an effect on the development of the proposed subdivision (the information regarding the area adjacent to the proposed subdivision may be obtained from available existing records or other documents or from observation in the files if the adjacent property owner refuses permission to enter onto his land).
(j) 
The approximate location of all proposed structures, number of businesses or firms.
(k) 
The approximate location, size and capacity of all proposed off-street parking spaces.
(l) 
The estimated number of dwelling units.
(3) 
Review procedures.
(a) 
The Town Manager shall within three working days distribute sketch plan copies to the Building Committee and the Town Engineer. Within five workdays of the receipt of the sketch plan, the Building Committee and the Town Engineer will review and comment to the Town Manager regarding the proposed sketch plan. Concerns, suggestions, requests for additional information should be included in the departmental reviews.
(b) 
If the Building Committee or Town Engineer determines that a traffic impact study will be necessary for future consideration, the request for a traffic impact study should be submitted with the departmental comments on the sketch plan. The traffic impact study will comply with the provisions of Subsection B(1)(a)[6] below. If a the Building Committee or Town Engineer determines that a market analysis will be necessary for future consideration, the request for a market analysis study should be submitted in the departmental comments on the sketch plan.
(c) 
Upon receipt of Building Committee or Town Engineer concerns, the Town Manager shall prepare a written report to the applicant indicating those suggestions, concerns or problems pointed out by the reviewing departments. This report shall be completed and available to the applicant within 12 workdays following the submission of the sketch plan by the developer.
B. 
Major subdivision application.
(1) 
Application and submission procedures.
(a) 
The Town Manager will provide application forms and will provide information to the applicant when requested regarding subdivision procedures. The applicant for subdivision must provide the following:
[1] 
A completed application for subdivision approval.
[2] 
An affidavit of ownership which shows the book and page number of each conveyance to the present owner as recorded in the County Recorder of Deeds' offices.
[3] 
Twenty-five copies of a subdivision plan drawn to a convenient scale (one inch equals 20 feet through one inch equals 100 feet) and showing date, scale and North point. Each sheet shall be numbered to show its relation to the total number of sheets. The subdivision plan shall include the following information:
[a] 
A title consisting of the name of the fee simple or equitable owners(s) of the land to be subdivided, the name(s) and address(es) of the subdivider(s) if different than the owner(s) name and address of the Delaware registered engineer, land surveyor or architect. The subdivision plan shall bear the certificate, signature and seal of a Delaware registered engineer, land surveyor or architect.
[b] 
A location map drawn to the scale of one inch equals 800 feet indicating the location of the property and its relationship to all streets and other property within 1,000 feet of the applicant's property.
[c] 
A graphic and written scale along with date, including the month, day and year that the original drawing was completed and the month, day and year that the original drawing was revised.
[d] 
The courses and distances of the boundary line survey on all properties being subdivided. The total area of the parcel in acres.
[e] 
The proposed name of the subdivision which shall not duplicate the name of any other subdivision in the Town.
[f] 
The layout and approximate dimensions of all proposed lots which will be created by the subdivision and approximate location of proposed buildings.
[g] 
The names of all property owners of unsubdivided property within 200 feet of the extreme limits of the subdivision as their names appear in the tax records. In the event that lots adjoin the land to be subdivided, the subdivision name and lot number of the adjoining lot shall be shown. The zoning classification governing the tract and adjoining properties shall be shown.
[h] 
Layout of proposed streets, their proposed names, rights-of-way and paving width, as well as right-of-way and paving widths for proposed alleys and easements for ingress and egress. Except for continuations, street names shall not duplicate existing street names in the Town.
[i] 
The location and size of all existing storm sewers, watercourses and natural drainage flows which may influence the design of the subdivision. The approximate location of all proposed storm drainage facilities including, when applicable, retention areas, sewer lines and drainage ditches.
[j] 
The location of the open floodway district and floodway fringe, if applicable.
[k] 
The location, widths and names of all existing roads upon which the proposed subdivision will front and within 100 feet of the proposed subdivision.
[l] 
Contour lines at vertical intervals of two feet for land with average natural slope of 4% or less and at intervals of five feet for land with average natural slope exceeding 4%.
[m] 
Location of proposed landscape screening, if applicable.
[n] 
The general location of mature tree stands, if any.
[o] 
The location and size of existing waterlines which might serve the proposed subdivision; proposed connections with existing waterlines and including the approximate location and approximate size of all proposed waterlines and water facilities.
[p] 
The location and size of existing sanitary sewer lines; proposed connections with existing sanitary sewer lines, including the approximate location and approximate size of all proposed sanitary sewer lines and sanitary sewer facilities.
[q] 
Location of all proposed sidewalks.
[r] 
The approximate dimensions and area of all property proposed to be dedicated or reserved for public open space use or to be dedicated for use of all property owners in the subdivision and the location, dimensions and purposes of any proposed easements.
[s] 
The location of any proposed entrance/exit facilities which provide access for the subdivision to and from a public road.
[t] 
Proposed parking areas and number of parking spaces where applicable.
[u] 
Identification and boundaries of soils classifications as indicated by the New Castle County Soils Survey.
[v] 
The approximate total area of all land to be used for roads, open space and building lots expressed in percentage of total land areas.
[4] 
A demographic impact analysis to include, at a minimum, the following information:
[a] 
Projected population at the completion of each phase of project, if phased or at completion of project (for residential development).
[b] 
Projected population of school-age children (grades K through 12) using evaluative criteria developed by the local school district; location of schools serving subdivision.
[5] 
Sediment and stormwater plans.
[Amended 6-8-2017 by Ord. No. 629]
[a] 
Preparation of sediment and stormwater plans according to standards set within the current Delaware Sediment and Stormwater Regulations, including, at a minimum, the following information:
[i] 
The use and maintenance of appropriate structural and nonstructural sediment and erosion controls and other BMPs to reduce polluted discharges to the MS4 during the time when construction is underway.
[ii] 
Specifications for construction site operators to control wastes such as discarded construction or building materials, concrete truck washout, chemicals, litter, oil, and sanitation waste.
[iii] 
Description of the characteristics and limitations of soil as indicated by the New Castle County Soils Survey.
[iv] 
Description of the recharge capabilities of the site and analysis of the proposed subdivision's impact upon those recharge capabilities.
[v] 
Computation of pre- and post-development stormwater runoff levels.
[vi] 
Any other substantial adverse environmental effects.
[b] 
Plans and computations will be provided to the New Castle Conservation District (NCCD) for review and approval under agreement with the Town. NCCD will ensure that BMPs are properly constructed and installed according to requirements set forth according to the Delaware Sediment and Stormwater Regulations. NCCD will inspect construction sites and enforce control measures, and will notify operators if federal NPDES General Permit requirements are not being met (i.e., weekly inspections), and provide enforcement if necessary.
[6] 
A traffic impact analysis may be required and, if required, shall include the following information:
[a] 
A description of existing traffic volumes on the roads which will be impacted by the subdivision and a description of the present physical condition of affected roads. The Delaware Division of Highways shall be requested to determine and evaluate the impact area.
[b] 
A traffic forecast which projects traffic volumes upon affected roadways five years in the future with and without the completion of the subdivision.
[7] 
A market analysis may be required and, if required, shall include a description of the proposed commercial/industrial development, including:
[a] 
Square footage of gross building areas and subareas proposed for commercial or industrial development.
[b] 
Known and probable uses.
[c] 
Traffic configuration.
[d] 
Number of parking spaces required and provided.
[e] 
The present and/or projected market area and population proposed to be served.
[8] 
The applicant shall provide the following information to assist in the determination of the cost/revenue impact to the Town of the proposed development:
[a] 
The estimated market value and estimated completion date of the proposed development. If the development is proposed for completion by sections, the estimated market value and completion dates by section.
[b] 
Units per acre.
[c] 
Any special conditions which would affect Town costs or revenues.
(b) 
If the major plan submission substantially complies with Subsection A of this section as to form of the submission, the Town Manager shall acknowledge such compliance, in writing, within five working days from the date of receipt and at the same time shall signify the intention of the Subdivision Advisory Committee to review the plan.
(c) 
If the major plan submission does not substantially comply with Subsection A of this section as to form of the submission, the Town Manager shall notify the subdivider, in writing, within five working days from the date of receipt, of the specific nature of the noncompliance.
(d) 
Upon substantial compliance with Subsection A of this section, the preliminary major plan may be resubmitted in accordance with this section.
(e) 
An applicant shall be permitted to develop and record the subdivision plan in sections. Upon submission of the subdivision plan and application, the applicant shall indicate, in writing, any proposed sectional development intended, the sequence of such sectional development and a proposed time schedule for such development.
(f) 
The completed application and supporting documentation shall be submitted directly to the Town Manager who, in turn, will submit the application and supporting documentation to members of the Subdivision Advisory Committee and any other appropriate agencies such as the Delaware Division of Highways, Soil Conservation Service and Delaware Geological Survey, Inc.
(2) 
Review and approval process.
(a) 
Twenty-five copies and original of the subdivision plan shall be submitted to the Town Manager. The Town Manager shall, within three workdays, distribute subdivision plan copies to all members of the Subdivision Advisory Committee and shall develop a tentative review time schedule, including a date for the Subdivision Advisory Committee meeting. Within 15 workdays of the receipt of the subdivision plan, the departments shall review and prepare written comments for the Subdivision Advisory Committee meeting. The Town Manager shall transmit copies of the subdivision plan to Town Council and the Planning Commission.
(b) 
The Subdivision Advisory Committee and the developer shall meet to discuss the subdivision plan. Within five workdays after the meeting, the Subdivision Advisory Committee shall make comments concerning revisions or modifications to the subdivision to the developer or submit the plan with its recommendations to the planning commission.
(c) 
Within seven workdays of the receipt of the Subdivision Advisory Committee recommendations, the Town Manager shall prepare a written report containing the recommendations concerning the subdivision plan. The report should contain revisions to be made by the developer at the request of the Subdivision Advisory Committee. Copies of this report shall be transmitted to the Town Council, the Planning Commission and the Subdivision Advisory Committee.
(d) 
The Planning Commission shall review the subdivision plan and within 40 workdays issue a recommendation to Town Council containing its recommendations concerning the subdivision plan. If approved, the Town Solicitor should prepare a subdivision agreement to be signed by the developer and the Town Manager upon approval by Town Council.
(e) 
Upon receipt by the Town Council of the Planning Commission recommendation, Town Council, within a reasonable time, will consider the application at a public hearing. All such hearings shall be advertised in a newspaper of general circulation in the Town not less than 10 days prior to any such public hearing. Town Council, at its discretion, either prior or subsequent to such public hearing, may request an informal review with the applicant and/or the applicant's engineer, and/or the applicant's legal representative, regarding alterations, changes or modifications deemed desirable by Town Council.
(f) 
The subdivision plan and agreement shall be submitted to Town Council with a resolution of approval. The resolution, plan and agreement shall be approved, approved with conditions or disapproved by Town Council.
(g) 
Approval shall indicate the Town's approval of the proposed subdivision subject to final approval of the construction improvements plan.
(h) 
Following approval of the subdivision plan by Town Council, the subdivider or developer shall prepare the necessary construction improvements plan for approval by the Town in accord with § 196-24 below.
(i) 
If the subdivision is to be developed in sections the applicant may complete the construction improvements for each section individually.
(j) 
If, however, the subdivision plan is not completed in full within five years from the date of approval by Town Council, the applicant is required to reapply for subdivision approval beginning with the Subdivision Advisory Committee's review as described above for the uncompleted sections of the subdivision.
(k) 
Following the approval of the construction improvements plan by the Town, the developer shall prepare a complete subdivision plan (with construction improvements plan) for the recordation.
(l) 
After approval of the subdivision plan and agreement by the Town Council, the Town Secretary shall certify such approval on the subdivision plot plan which shows distinctively the part to be recorded. The Town Manager shall certify on the approved subdivision plot plan that said plans and related plans comply with all requirements of the subdivision regulations and deviations, if any, from the subdivision regulations have been noted and qualified. The agreement shall be executed and signed by the applicant and Town Manager and shall constitute a covenant running with the land and binding upon the parties to the agreement and their successors and assigns. The Town Secretary shall sign the required certification or certifications, as the case may be, and affix the Town seal according to Subsection B(2)(l)[1] or [2] as follows:
[1] 
For a subdivision plot plan approved by the Town Council to be recorded and developed in its entirety:
It is hereby certified that this subdivision plot plan was granted “approval” by the Council of the Town of Elsmere, Delaware on (date) and accordingly, is eligible for recording in the office of the Recorder of Deeds for New Castle County, Delaware.
Town Secretary
[2] 
For a subdivision plot plan approved to be recorded in sections, certification on separate plans as follows:
It is hereby certified that the section or sections of this subdivision plot plan distinctly shown hereon as the part to be recorded were granted “approval” by the Council of the Town of Elsmere, Delaware on (date) and, accordingly, is eligible for recording in the office of the Recorder of Deeds for New Castle County, Delaware.
Town Secretary
(m) 
Notification in writing or action taken by Town Council will be transmitted to the applicant promptly to the Town Manager.
A construction improvements plan shall be required upon approval of all major subdivision plans by the Town Council before construction can begin on a major subdivision site.
A. 
Submission procedures.
(1) 
Five complete sets of construction improvements plans shall be submitted to the Town Manager and 15 street (horizontal) plans.
(2) 
The construction improvement plan shall include:
(a) 
Streets.
[1] 
Horizontal plan.
[a] 
Center line with bearings, distances and curve data and stations corresponding to the profile.
[b] 
Right-of-way and curblines with radii at intersections.
[c] 
Beginning and end of proposed construction.
[d] 
Tie-ins by courses and distances to intersections of all public roads with their names and widths.
[e] 
Location of all monuments with reference to permanent structures.
[f] 
Proposed and existing property lines and ownership of abutting properties.
[g] 
Contour lines at intervals not to exceed five feet.
[h] 
Location, size and elevations of all drainage structures and public utilities.
[i] 
The scale shall be at least one inch equals 50 feet.
[2] 
Profiles.
[a] 
Profile of existing ground surface along center line and also along both right-of-way lines if required by the Town Manager.
[b] 
Proposed center line grade with percent of grade on tangents and elevations at fifty-foot intervals, grade intersections and both ends of curb radii.
[c] 
Vertical curve data including length, tangent elevations and corrections with elevations at twenty-five-foot intervals for sharp vertical curves.
[d] 
The scale shall be at least one inch equals five feet vertical and one inch equals 50 feet horizontal.
[3] 
Cross section.
[a] 
Right-of-way width and location and width of paving.
[b] 
Type, thickness and crown of paving.
[c] 
Type and size of curb.
[d] 
Grading of sidewalk area.
[e] 
Typical location of sewers and utilities with sizes.
[f] 
The scale shall be one inch equals one foot vertical and one inch equals 10 feet horizontal.
(b) 
Sanitary sewers and storm drains.
[1] 
Horizontal plan.
[a] 
Location and size of line with stations corresponding to the profile.
[b] 
Location and types of manholes or inlets with grades between and elevation of flow line and top of each manhole or inlet.
[c] 
Property lines and ownership, with details of easements where required.
[d] 
Beginning and end of proposed construction.
[e] 
Location of laterals, Y's, etc.
[f] 
Location of all other drainage facilities and public utilities.
[g] 
The scale shall be at least one inch equals 50 feet.
[2] 
Profile (sanitary sewers and storm drains).
[a] 
Profile of existing ground surface with elevations at top of manholes or inlets at flow line.
[b] 
Profile of storm drain or sewer showing size of pipe, grade, cradle (if any), manhole or inlet locations.
[c] 
The scale shall be at least one inch equals 50 feet horizontal and one inch equals five feet vertical.
[d] 
Location of these and all other utilities at points of intersection.
(c) 
Water mains.
[1] 
Horizontal plan.
[a] 
Location and side of line with stations corresponding to profiles.
[b] 
Locations of valves, fittings, fire hydrants and other appurtenances.
[c] 
Property lines and ownership with details of easements where required.
[d] 
Beginning and end of proposed construction.
[e] 
Location of service lines, etc.
[f] 
Location of all other drainage facilities and public utilities.
[g] 
Scale shall be at least one inch equals 50 feet.
[2] 
Profile.
[a] 
Profile of existing ground surface with elevations valves.
[b] 
Profile of water main showing size of pipe, cover, etc.
[c] 
The scale shall be at least one inch equals 50 feet horizontal and one inch equals five feet vertical.
[d] 
Location of these and all other utilities at points of intersection.
(d) 
Bridges and other improvements. These plans shall contain sufficient information to provide complete working plans for the proposed construction.
(e) 
Certificate. The approved construction improvements plan shall contain the following certificates:
[1] 
Registered professional engineer making the plan certifying to the accuracy thereof.
[2] 
The applicant certifying his adoption of plan.
[3] 
Signature of Town Manager to plan conforms to applicable Town standards.
(f) 
Additional information to be shown:
[1] 
Title as required for the subdivision plan.
[2] 
Courses and distances for the legal description of all property lines shown on the plan.
[3] 
Names of abutting owners.
[4] 
Names, locations, widths, center line courses, distances and curve data, paving widths and curblines, right-of-way and curbline radii at intersections of all existing plotted and approved streets, alleys, rights-of-way and easements and parks and other public places or improvements within the land being subdivided.
[5] 
Location, elevation, material and size of all monuments with references to them.
[6] 
Layout and dimensions of lots with lot area to right-of-way line of streets.
[7] 
Location to include elevations and size of sanitary and storm sewers, including manholes, inlets and building laterals.
B. 
Review and approval process.
(1) 
The Town Manager shall, within three workdays, distribute construction improvements plans to the Town Engineer, Building Committee and other departments as required.
(2) 
Each department shall review the construction improvements plan and submit written comments to the Town Manager. To discuss problems identified through departmental review, the Town Manager shall hold meetings with the developer and department directors. This phase of the review and approval process shall be completed in 30 workdays.
(3) 
When problems are resolved, all concerned department directors shall, within 10 workdays, certify that the construction improvements plan conforms with all city requirements and specifications as well as the approved subdivision plan.
(4) 
If the construction improvements plan does not conform substantially to the approved subdivision plan, it shall be referred to Town Council. Town Council shall either not approve the construction improvements plan and return it to the developer or approve the plan and forward it to the Town Manager.
(5) 
After approval by Town Council certification by department directors of the construction improvements plan, the developer shall prepare a complete subdivision plan for recordation.
(6) 
Prior to execution by the Town of the complete subdivision plan, all easements, deeds, rights-of-way, bonds, etc. shall be provided by the developer to the Town Manager.
(7) 
Town Manager and Town Secretary approved construction improvements plan and complete subdivision plan and both are recorded as required.
(8) 
Following the completion in full of the construction improvements and following appropriate notice to all property owners of record in the subdivision and prior to their certification and acceptance by the Building Official, the Town may require repairs or reconstruction to the construction improvements.
C. 
Standard conditions and procedures for construction improvements plan.
(1) 
Liability insurance. A liability insurance policy in the amount of $300,000/$500,000 per accident, providing full protection of the Town, its officials and employees against all damages or claims for damages occurring directly or indirectly by reason of the construction improvements, shall be filed with the Town Secretary before any work begins in an approved subdivision.
(2) 
Compliance with regulations, codes, etc. Grading, excavation, construction, erection or building shall begin only if in full compliance with these subdivision regulations, the subdivision regulations appendices, the Town Building Code and Zoning Code,[1] Town standard specifications and all other applicable standards and ordinances of the Town of Elsmere and the laws of the State of Delaware.
[1]
Editor's Note: See Ch. 76, Building Construction, and Ch. 225, Zoning.
(3) 
Notice of construction. The Town Manager and/or Building Official must be notified 24 hours in advance of the commencement of any construction operation in order that provision may be made for their proper inspection.
(4) 
Inspections. The Building Official shall coordinate inspection of required improvements during construction. If the Building Official finds upon inspection that any of the required improvements have not been constructed in accordance with the Town standard specifications, the developer shall be responsible for correcting the improvements. Wherever the cost of improvements is covered by a surety guaranty bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.
(5) 
Limited authority for minor alterations. The Town Manager and the Town Engineer shall have the 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.
(6) 
As-built plans. Upon completion of construction improvements, the developer shall provide the Public Works Director one set of reproducible as-built detailed plans. The as-built plan shall give accurate dimensions locating all subsurface facilities and showing all monuments.
(7) 
Release of liens. The developer shall, within 90 days after completion of the construction improvements of the subdivision or approved sections, submit a release of liens to the Town Secretary with respect to the construction improvements.
(8) 
Completion deadline. All construction improvements shall be completed within two years of the date of the recordation of the plan. The Town Manager may grant extensions upon request.
(9) 
Completion requirements. With the exception indicated below, no certificate of occupancy of any dwelling house, building or structure within the subdivision shall be issued by the Town until all work required by the construction improvements plan shall have been completed in strict accordance with the approved plans and specifications and maintained in a condition acceptable to the Town, except that such certificates of occupancy may be issued prior to the completion of blacktopping of streets, installing sidewalks, monuments, as-built drawings and street lights (if applicable), which shall be guaranteed through the posting of a bond in accordance with Subsection C(10), below.
(a) 
The following exception to the above requirement may be granted by the Building Official with the approval of the Town Manager:
A certificate of occupancy may be issued for a dwelling house, building or structure within the subdivision if that portion of the construction improvements plan related to that dwelling house, building or structure shall have been completed in strict accordance with the approved plans and specifications and all required completion bonds are posted for blacktopping of streets, installing sidewalks, monuments, as-built drawings and street lights. Certificates of occupancy for no more than 50% of the dwellings, buildings or structures permitted in the approved subdivision or section of the subdivision shall be issued under this exception. If certificates of occupancy are issued under this exception, a bond may be required in accord with Subsection C(10) below, for any uncompleted work required in the construction improvements plan within the subdivision or section of the subdivision.
(10) 
Bonding. Before construction within a subdivision begins and prior to the issuance of building permits, a surety guaranty bond or other security instrument acceptable to a approved by the Town Solicitor shall be posted in the amount equal to 150% of the estimated cost to the Town for work required in the construction improvements plan.
(11) 
Notification, certification, acceptance and guaranty of construction improvements. Following the inspection and completion in full of the construction improvements, the following shall occur:
(a) 
Appropriate notice to all property owners of record in the subdivision that the construction improvements are under review by the city for certification as complete and ready for use. Such notices shall explain that the property owners may provide comments in writing to the Public Works Department and/or the Council representative in the district within which the subdivision is located concerning the construction improvements.
(b) 
Certification by the Town Manager that the construction improvements are complete and ready for use according to approved plans and specifications.
(c) 
For a one-year period beginning on the date of certification by the Town Manager, the developer shall guarantee to the satisfaction of the Town all facilities specified in the construction improvements plan. The developer's surety guaranty bond or other security instrument, required in § 196-24C(10), shall serve as this guaranty.
(d) 
Following the one-year guaranty period, the Town Secretary shall certify that all terms and conditions of the agreement, including submission of a satisfactory release of liens, have been met to the Town's satisfaction.
(e) 
Following the one-year guaranty period and certification by the Town Secretary, the Town Manager shall authorize the release of bonds required in § 196-24C(10) of this chapter.
(12) 
Streets on Official Map. After their acceptance by Council, the Town Manager shall direct the incorporation of streets on the Official Town Map.