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.
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.
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) 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.
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.
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.
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.
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.