[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.
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.
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:
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.
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.
ACCESSWAY
ADMINISTRATIVE SUBDIVISION
ALLEY
APPLICANT
ARCHITECT
BLOCK
BUILDING
BUILDING SETBACK LINE
CARTWAY (roadway traveling)
COLLECTOR STREET
CONSTRUCTION IMPROVEMENTS PLAN
CROSSWALK
CUL-DE-SAC
DEVELOPER
DWELLING UNIT
EASEMENT
ENGINEER
FRONTAGE
IMPROVEMENTS
LANDSCAPE SCREENING
LOCAL STREET
LOT
LOT, CORNER
LOT IMPROVEMENT
MAIN THOROUGHFARE
MAJOR SUBDIVISION
MINIMUM LOT AREA
MINOR SUBDIVISION
MONUMENT
MULTIFAMILY DWELLING UNIT
NONRESIDENTIAL SUBDIVISION
OFF-SITE
OFFICIAL MAP
OPEN SPACE, PRIVATE
OPEN SPACE, PUBLIC
ORDINANCE
OWNER
PARK AND RECREATION IMPROVEMENT FUND
PLANNING COMMISSION
PUBLIC IMPROVEMENT
REGISTERED ENGINEER
REGISTERED LAND SURVEYOR
RESERVE STRIP
RESUBDIVISION
REVERSE FRONTAGE LOTS
REVERSE SUBDIVISION
RIGHT-OF-WAY
STREET, DEAD END
STREET RIGHT-OF-WAY WIDTH
SALES or LEASE
SETBACK
STRUCTURE
SUBDIVIDER
(1)
(2)
(3)
(4)
SUBDIVISION
SUBDIVISION ADVISORY COMMITTEE
SUBDIVISION AGENT
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
TOWN COUNCIL
TREE
WORKDAYS
Words and terms defined.
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.
The adjustment of property lines or straightening of boundaries; does not create a lot upon which building can occur. (See § 196-21.)
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.
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the legal owner of the premises.
An architect registered by the Delaware State Board of Examiners
and Registration of Architects.
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.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
includes any structure.
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.
That portion of a street right-of-way which is intended for
use as a means of vehicular circulation.
A street which serves as the connection from minor streets
to the arterial street system.
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.
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.
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.
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the legal owner of the premises.
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.
Authorization by a property owner for the use by another
and for a specified purpose, of any designated part of his property.
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.
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.
See "lot improvement" or "public improvement."
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.
A street used primarily as the principal means of access
to adjacent residential properties.
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.
A lot situated at the intersection of two streets.
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.
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.
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.
The area of a lot taken at its perimeter, exclusive of any
portion within a public or private street right-of-way.
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.
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.
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.
A subdivision whose intended use is other than residential,
such as business, commercial or industrial.
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.
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.
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.
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.
Any legislative action, however denominated by the Town of
Elsmere, which has the force of law, including any amendment or repeal
of any ordinance.
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.
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.
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.
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.
An engineer properly registered in the state.
A land surveyor properly licensed and registered in the state.
A parcel of ground in separate ownership separating a street
from other adjacent properties or from other streets.
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.
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.
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]
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.
A street or a portion of a street with only one vehicular-traffic
outlet.
The distance between property lines measured at right angles
to the center line of the street.
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.
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]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any person who:
Having an interest in land, causes it, directly
or indirectly, to be divided into a subdivision; or
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
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
Is directly or indirectly controlled by or under
direct or indirect common control with, any of the foregoing.
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.)
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.
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.
See "major subdivision."
See "minor subdivision."
Council of the Town of Elsmere, Delaware, which is the legislative
body having the power to adopt ordinances.
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.
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.
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:
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.
(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:
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One to 20 acres: one inch equals 50 feet
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Twenty-one to 100 acres: one inch equals 100
feet
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Above 100 acres: one inch equals 200 feet
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(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:
[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:
(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:
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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.
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Town Secretary
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[2]
For a subdivision plot plan approved to be recorded
in sections, certification on separate plans as follows:
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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.
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Town Secretary
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(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:
(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.
(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:
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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.
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(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.
