City of New Castle, DE
New Castle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by The Mayor and Council of New Castle 8-1-1989 by Ord. No. 319. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 58.
Building construction: issuance of permits — See Ch. 102, Art. I.
Floodplain management — See Ch. 130.
Streets and sidewalks — See Ch. 209.
Vehicles and traffic — See Ch. 225.
Zoning — See Ch. 230.
Fees — See Ch. A239.
This chapter is adopted in order to promote and protect the public health, safety, convenience and general welfare, ensure the orderly growth and development of the City of New Castle, the conservation, protection and proper use of land; to provide adequately for housing, recreation, utilities and services, while safeguarding the city from undue future expenditure for the maintenance of streets and public spaces.
This chapter shall be known and may be cited as the "Subdivision Regulations of the City of New Castle."
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety and welfare. To protect the public, among other purposes set forth above, these provisions are intended to provide for a permanently wholesome community environment, adequate municipal services and safe streets. Further, in light of New Castle's unique historical significance, the interpretation and application of this chapter shall always be directed toward the preservation of the historic areas of the city.
This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this chapter. Nor is it intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the city is a party. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.
Unless otherwise indicated by the context, the following words shall, for the purposes of this chapter, have the meaning herein indicated. Also, words used in the singular include the plural; and words in the plural include the singular; the word "building" includes the word "structure;" "street" includes "roads" and "land" and the word "watercourse" includes "drain," "ditch" and "stream:"
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.
ALLEY
A strip of land over which there is a right-of-way, municipally or privately owned, on which no dwelling or store fronts, serving as the rear entrance to two or more properties.
BUILDING OFFICIAL
The person designated by City Council as the "administrative official" pursuant to Chapter 230, Zoning.
BUILDING PERMIT
A permit authorizing improvements to be constructed in accordance with the terms and conditions of approved construction plans and specifications pursuant to Chapter 230, Zoning, as amended.
BUILDING SETBACK LINE
A line within a lot or property between which, and the right-of-way line of the street (on which the lot abuts), the erection of a building is prohibited.
CITY
As used herein, refers to The Mayor and Council of New Castle, Delaware (i.e. the City of New Castle).
CITY COUNCIL
As used herein, refers to the City Council of The Mayor and Council of New Castle.
CITY ENGINEER
All duties and functions as outlined herein for the City Engineer shall be carried out by the duly appointed Engineer of the City of New Castle.
CITY SPECIFICATIONS
A general term used to describe the following detailed and precise plans and requirements:
A. 
As established and amended from time to time by the Delaware Department of Transportation.
B. 
As established and amended from time to time by New Castle County.
C. 
As established from time to time by the Board of Water and Light Commissioners, an agency of The Mayor and Council of New Castle.
D. 
As established from time to time by the Board of Water and Light Commissioners, an agency of The Mayor and Council of New Castle.
CUL-DE-SAC
A residential street having one end open for public vehicular or pedestrian access, and the other end terminated by a vehicular turnaround.
EASEMENT
A grant by a property owner to the city, the public, a corporation or a person or persons of a right to the use of a strip of land.
LOT
A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
PLAN, AS-BUILT
A revised site improvement plan prepared by a registered engineer showing actual location of all streets, curbs, sidewalks, water lines, electric, telephone and cable line, sewer lines laterals, storm sewers, etc.
PLAN, FINAL STREET AND LOT
A properly certified plan for recording in the office of the Recorder of Deeds. It is to be prepared by a registered surveyor showing lot lines and areas, deed restrictions, easements, right-of-way lines and other information pertaining to the lots and the streets on which the lots abut in a proposed subdivision.
PLANNING COMMISSION or COMMISSION
The Planning Commission of the City of New Castle.
PLAN OF STREETS
The city's plan of streets and alleys, including those which have been or may be laid out but are not yet opened.
PLAN, SITE IMPROVEMENT CONSTRUCTION
A plan prepared by a registered engineer showing the construction details of a proposed improvement in accordance with an approved subdivision plan.
RIGHT-OF-WAY
The dedicated width of street, alley accessway or crosswalk.
SITE IMPROVEMENTS
Grading, paving, curbing, street lights, street signs, fire hydrants, water mains, electric, cable and telephone lines, sanitary sewers, storm sewers and other street improvements, including, where specified by the city, sidewalks, crosswalks and off-street parking paving.
STREETS
A general term used to describe a right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and a space for sewers and public utilities.
A. 
A street used primarily as the principal means of access to adjacent residential properties.
B. 
A street serving primarily as the principal means of transportation between neighborhoods or as a feeder road for through highways.
C. 
A street that serves, or is designed to serve, as a major artery for communication and transportation between cities and other large communities.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, including site improvements, buildings, mobile homes, walls, fences, billboards, etc.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself/herself or for another.
SUBDIVISION
The division of a parcel of land, or the parcel so divided, whether improved or unimproved, into two or more parcels, units or interests suitable for separate ownership or possession for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to context, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION, MINOR
Any subdivision fronting on an existing street where no changes in grade or site improvements (except for normal utility service) are proposed, and which does not involve the extension of municipal facilities and does not adversely affect adjoining property and is not in conflict with any provision of Chapter 230, Zoning, and the Official Map of the city. It is the intent of this chapter that minor subdivisions be administratively reviewed pursuant to the procedure set forth in § 213-7, but that approval of the final plat be by resolution of City Council rather than by ordinance.
A. 
Except as provided in this chapter, no person shall subdivide any tract of land which is located within the city or which is located in part within the city except in conformity with the provisions of this chapter.
B. 
Recording of plat. No plat of any subdivision shall be entitled to be recorded in the office of the New Castle County Recorder of Deeds, or be effective hereunder, until it shall have been approved in the manner prescribed herein. In the event that any such unapproved plat is recorded, it shall be considered invalid and the City Council may institute proceedings on behalf of the city to have the plat stricken from the records of New Castle County.
C. 
Sale of land in subdivision. No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this chapter is voidable at the option of the buyer. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this chapter.
D. 
Permits. The Building Official (i.e., Building Inspector) shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein and until the developer, subdivider or owner shall have obtained all necessary approvals and permits from each utility.
[Amended 11-5-1991 by Ord. No. 334]
E. 
Public improvements. The city hereby defines its policy to be that the city will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by City Council pursuant to the Charter of The Mayor and Council of New Castle and in the manner prescribed herein.
F. 
Fees and filing. City Council shall establish by resolution a schedule of fees, charges and expenses to be paid by each subdivider. The schedule of fees shall be posted in the offices of the City Clerk and may be altered or amended from time to time by City Council. No approval or permit shall be issued unless or until such fees, charges and expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until the charges and fees have been paid in full.[1]
[1]
Editor's Note: The current Fees Resolution is included in the Appendix to this volume.
A three-step procedure for review of proposed subdivision plans is established, as described in Subsections A, B and C below. Applications will be accepted only if all of the owners of legal and equitable interests in the parcel join in the application.
A. 
Preapplication procedure.
(1) 
Prior to submission of a formal application, the subdivider will submit to the Building Official the following general subdivision information:
(a) 
A location map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it, including subdivision name and location, arterial streets and all other facts needed to enable the Commission to determine whether the proposed layout of the land in the proposed subdivision is satisfactory from the standpoint of public interest, and such map to include a Title block with scale, date and names of subdivider.
(b) 
Information describing the existing condition of the site and the proposed development, as needed to supplement the location map, and including data on existing covenants, land characteristics, available community facilities, number of lots, typical lot dimensions, proposed protective covenants and proposed utilities and street improvements.
(2) 
The Building Official within 10 days shall consult with the Chairman of the Planning Commission or his/her designee.
(a) 
If the proposed subdivision is not entirely within the city boundary, the Building Official shall require the subdivider to notify the officials of adjoining jurisdictions responsible for planning and public works functions. If alteration of a watercourse is proposed, the subdivider shall notify officials of the adjacent communities, the State Officer designated by the Governor to assist in implementing of the National Flood Insurance Program and the Federal Insurance Administrator.
(b) 
The Building Official, within 30 days after consulting with the Chairman or his/her designee, shall then preliminarily determine and inform the subdivider whether the plans and data as submitted, or as modified by the subdivider after submission, are in accordance with the standards prescribed by these regulations.
(c) 
If it is determined that the plans are not in accord, the Building Official shall inform the subdivider, in writing, of the reasons within 30 days, and at this time, the Chairman shall inform the entire Planning Commission of the preliminary determination and provide plans and data descriptive of the proposed subdivision.
B. 
Conditional approval of preliminary plat.
(1) 
Following completion of the preapplication procedures prescribed in Subsection A, the subdivider shall cause to be prepared a preliminary plat, together with site improvement construction plans and other supplementary material as prescribed in § 213-8.
(2) 
Twelve copies of the preliminary plat and the supplementary materials specified shall be submitted to the Building Official with written application for conditional approval at least 15 days prior to the meeting of the City Planning Commission at which it is to be considered.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Following review of the preliminary plat and other material submitted for conformity to these regulations, by the Building Official and any other public officials as their interest may appear, the advice of the City Planning Commission, and discussion with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the Planning Commission, within 45 days of the date of application, shall act on the application as submitted, or as later modified by the subdivider, and if approved by the Commission, the Chairman of the Planning Commission shall express, in writing, the Planning Commission's approval as conditional approval and state the conditions of such approval in writing, if any. If disapproved, the Chairman shall express the Planning Commission's disapproval and reasons therefor, in writing.
(4) 
The action of the Planning Commission shall be noted on two copies of the preliminary plat, referenced and attached to any conditions prescribed. One copy shall be returned to the subdivider and the other retained by the Building Official.
(5) 
Conditional approval of a preliminary plat shall not constitute approval of the final plat. It shall be deemed, with the preliminary plat, a guide to the preparation of the final plat, which shall be submitted in accordance with Subsection C.
C. 
Approval of final plat.
(1) 
The final plat shall conform substantially to the preliminary plat as approved. The subdivider may submit only that portion of the preliminary plat proposed for development at one time; provided, however, that such portion conforms to all requirements of these regulations and to any conditions imposed by the Planning Commission.
(2) 
Application for approval shall be submitted, in writing, to the Planning Commission, accompanied by the reproducible original and 12 copies of the final plat and exhibits prescribed in § 213-8. Such application shall be submitted within three months after approval of the preliminary plat; otherwise such approval shall become null and void unless an extension is timely applied for and granted by the Building Official, provided that good cause is shown.
[Amended 12-9-1997 by Ord. No. 379]
(3) 
Approval by City Council of major subdivision. When the final plat includes establishment of new streets or dedication of land for streets, public ways or public facilities, approval will be by ordinance of City Council, on the recommendation of the Planning Commission, with the advice of the Building Official. The ordinance, upon approval by the Mayor, will constitute approval of the final plat, establishment of the new streets on the City Map or Plan, and acceptance of the dedications provided for in the final plat; provided, however, that acceptance of the dedications shall not expose the city to a liability or obligation for maintenance or repair of streets, but such liability or obligation shall arise only following the Building Official's written acceptance of completion.
(4) 
Approval by the City Council of minor subdivision. When the final plat does not include site improvements or establishment of new streets or public ways or dedication of land for public purposes, or otherwise qualifies as a minor subdivision as defined herein, approval will be by resolution of City Council on the recommendation of the Planning Commission.
(5) 
The subdivider will promptly file the approved final plat and accompanying documents with the Recorder of Deeds for New Castle County, and inform the Building Official of the exact place of recordation within that office.
A. 
The plats, plans and supplemental information (including hydrologic calculations, where required) must be furnished by the subdivider as specified in Subsections B and C.
B. 
Conditional approval.
(1) 
The preliminary plat shall be prepared at a convenient scale not smaller than one inch to 50 feet or as otherwise approved by the Building Official, subject to the recordation requirements of the Recorder of Deeds for New Castle County. The plat shall show all existing and proposed conditions, as follows:
(a) 
Boundary lines. Courses and distances of boundary line survey.
(b) 
Easements. Location, width and purpose.
(c) 
Streets on and adjacent to the tract. Name, right-of-way width and location; type, width and actual elevation of surfacing; any legally established center-line elevations; walks, curbs, gutters, culverts and storm drainage inlets.
(d) 
Utilities on and adjacent to the tract. Location, size and invert elevation of sanitary, storm and combined sewers and drainage structures; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles and services; and street lights.
(e) 
Ground elevation on the tract. See Chapter 215 of the Code.
[Amended 2-13-2001 by Ord. No. 396]
(f) 
Subsurface conditions on the tract. If required by the City Engineer, location and results of tests made to ascertain subsurface soil, rock, loading-bearing capacity and groundwater conditions.
(g) 
Other conditions on the tract. Watercourses, rock outcrop, wooded areas, isolated trees one foot or more in diameter, houses and other significant features.
(h) 
Other conditions on adjacent land. Approximate direction and gradient of ground slope, including any embankments or retaining walls; nearby nonresidential land uses or adverse influences.
(i) 
The level of the base flood, as determined by the Federal Insurance Administrator, or if no such determination has been made, then by a registered professional engineer based upon adequate hydrologic studies. Such level will be shown on the same datum plane used for ground elevations.
(j) 
Photographs. If and as required by the Planning Commission.
(k) 
Zoning on and adjacent to tract.
(l) 
Key plan showing location of tract.
(m) 
Title and certificates. Present tract designation, if any, according to official records in the office of the New Castle County Recorder of Deeds; present parcel number as assigned by the New Castle County Division of Assessment; title under which proposed subdivision is to be recorded; names and addresses of owners; notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered civil engineer or surveyor and date of survey.
(2) 
A draft of covenants proposed to regulate land use in the subdivision shall be submitted with the preliminary plat.
C. 
Final approval.
(1) 
Final plat shall be a waterproof image on polyester drafting film, and shall be at a scale no smaller than one inch to 50 feet or as otherwise approved by the Building Official, subject to the recordation requirements of the Recorder of Deeds for New Castle County. The final plat shall show the following:
(a) 
Horizontal and vertical control points approved by the City Engineer, or descriptions and ties to such control points, from which all dimensions and bearings shall be described in relation to one of the following meridians, which shall be specified:
[1] 
True North.
[2] 
The y-axis of the Delaware State Plane Coordinate System.
[3] 
The y-axis of the Universal Transverse Mercator grid, Zone 18.
(b) 
Tract boundary lines, right-of-way lines and property lines of individual lots and dedicated or reserved sites with accurate dimensions, bearings or deflection angles, and radii, arcs and central angle locations for all curves.
(c) 
Name and right-of-way width of each street.
(d) 
Location, dimensions and purposes of all easements.
(e) 
Number to identify each lot or site.
(f) 
Street address number for each lot, as assigned or approved by the United States Postal Service or the city.
(g) 
Purpose for which sites, other than residential lots, are dedicated, reserved or restricted.
(h) 
Minimum building setback lines on all lots and other sites.
(i) 
Location and description of monuments.
(j) 
Name of recorded owners of adjoining unplatted land.
(k) 
Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
(l) 
Certification by surveyor or civil engineer certifying to accuracy of survey and plat.
(m) 
Certification of subdivider that it is the legal owner of the land.
(n) 
Dedications of streets, rights-of-way and any sites for public use.
(o) 
Title, scale, North arrow and date.
(p) 
An approval block, reading "Approved for Recordation," with a signature line labeled "The Mayor and Council of New Castle," a line for the date of approval, and the legend "Return to City of New Castle, City Administration Building, 220 Delaware Street, New Castle, DE."
(2) 
Cross sections and profiles of new or modified streets showing grades approved by the Building Official.
(3) 
Executed covenants in form for recording.
(4) 
Executed instruments conveying dedicated lands to the appropriate public body.
(5) 
Other data. Such other certificates, affidavits, endorsements or documents as may be required by the Planning Commission for effective administration of these regulations.
(6) 
Payment of fees required by § 213-6F.
A. 
Utilities.
(1) 
All major subdivision utilities shall be below ground.
(2) 
All minor subdivision utilities shall conform to the type of such utilities in the immediate neighborhood or vicinity of the subdivision.
(3) 
All utilities shall be installed according to the approval granted and shall be installed prior to completion of the paved area. The full intent of this subsection is to avoid installation of utilities after streets have been completed and accepted for maintenance by the city.
(4) 
When easements are required for utilities, they must be a minimum width of 10 feet along rear lot lines and 10 feet along side lot lines and should be adjacent to, or centered on, the respective lot lines. Electric, telephone and cable lines should be along rear lot lines wherever possible.
(5) 
All trenches, storm, utility, etc., under roadway within the public dedicated right-of-way shall be backfilled with approved materials and properly compacted in accordance with the city specifications.
(6) 
The subdivider shall obtain all necessary approvals and permits from each utility prior to the installation of that utility within any right-of-way which is intended to become part of the New Castle street system. These permits or approvals shall be drawn up in the form as established by the city and shall ensure that the utilities will be installed according to the standards, plans, specifications, rules and regulations of the city and that the installation of utilities will not interfere with necessary construction, operation or maintenance of the roadway after it has been accepted as part of the New Castle roads system.
(7) 
No part of the cost of construction of utilities shall be borne by the city.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Monuments.
(1) 
Specifications.
(a) 
Placement.
[1] 
Permanent stone or concrete monuments (six inches by six inches by 30 inches minimum or six-inch diameter by 30 inches minimum, 36 inches preferred) shall be accurately placed in the boundary (perimeter) of the property being subdivided at the intersection of all lines forming angles and at changes in directions of lines, except that when streams or other watercourses are property boundaries, monuments shall be offset and shall be connected with fully described tie lines, and the stream boundary line shall include a plus or minus distance.
[2] 
If an adjacent property owner refuses to permit a boundary (perimeter) monument to be placed or if a planting or structure obstructs the location where a boundary monument is to be placed, said monument may be offset and shall be connected with fully described tie lines.
(b) 
All streets shall be monumented along one right-of-way line at the following locations:
[1] 
At least one monument at each street intersection.
[2] 
At changes in direction of street lines, excluding curb arcs at intersections.
[3] 
At such other places along the line of streets as may be determined by the city to be necessary so that any street may be readily defined in the future.
(c) 
The placement of all monuments shall be supervised by a registered land surveyor and the scored point (by an indented cross in the top of the monument) or drill hole (not to exceed 1/2 inch in diameter) shall coincide exactly with the point of intersection of the lines being monumented.
(d) 
Monuments shall be set with their top four inches above the finished grade of the surrounding ground.
(2) 
Requirements for acceptance. All required monuments must be placed prior to acceptance of streets, by a registered land surveyor. The only exception being that if the monument location is abutting an incomplete lot where grade and landscaping are yet to be completed.
(3) 
Any monuments that are removed must be replaced by a registered land surveyor at the expense of the party removing them.
C. 
Dead-end streets. Temporary culs-de-sac shall be provided at all dead-end streets, except those ending at the property line of the development. These culs-de-sac shall be constructed of hot mix on select borrow.
D. 
Street names.
(1) 
No street name may be used which will duplicate the name of an existing street within the same postal district. Streets that are extensions of, or in alignment with, existing named streets must bear the names of these streets.
(2) 
Street names shall be approved by City Council.
E. 
Grading and street surfacing. All streets must be graded by the developer or owner(s) to provide for storm drainage, sidewalks, pavements and driveways to the approved line, section and grade, and neatly backsloped to meet the natural ground surface. After the installation of the necessary surface and storm sewer drainage, sewer, gas, water and electric, telephone and cable lines and other underground utilities and when the street has been compacted and brought to grade, the developer or owner(s) shall surface the street in accordance with the plans, cross sections and specifications as submitted to and approved by the city. In all cases all streets adjacent to lots with homes constructed thereon must be completed in their entirety prior to formal acceptance.
F. 
Site improvement construction plans. Before work is started on any project, construction plans prepared by a registered professional engineer licensed in Delaware must be submitted to and approved by the city.
G. 
Conformity to standards. Real estate developers, home builders and owners submitting requests to have subdivision streets accepted for city maintenance must conform to the regulations and standards contained herein. The city regulations and standards will be subject to periodic review as required. Variations in these standards may be achieved with the approval of the city if problems would be created due to field conditions or other factors by strict adherence to these standards.
H. 
Time limitation of standards. The specifications in effect at the time of approval of the construction plans by the city of the particular subdivision shall govern all construction. If no construction is started within a period of two years, the particular subdivision shall be subject to any revised specifications.
I. 
Approval of final plans. Plans submitted to the city for the construction of streets and which define the boundaries of a subdivision, the location and size of lots within the subdivision and the widths of rights-of-way of the streets must be final plans approved by the Council of the city and recorded by the developer or owner(s).
J. 
Modifications of the requirements imposed by these regulations approved by the Planning Commission of the city may be authorized by the Council of the city, provided that such modifications shall not be inconsistent with the general purposes of these regulations or Chapter 230, Zoning.
K. 
Upon approval by the Mayor, this chapter shall be effective June 23, 1989. Nothing contained herein shall prohibit the completion of any road or street actually under construction on the effective date of these regulations and which construction would otherwise be hereby prohibited.
A. 
Required improvements. The subdivider shall grade and provide road base for residential streets, accessways and alleys, construct or install curbs, buffers, storm sewers and related improvements and facilities, sidewalks, crosswalks and off-street parking paving as shown on the approved improvement construction plan. If the subdivider does not control all the property between his/her and existing improved streets and utility facilities, and presents proof that other owners will not cooperate in the construction of improvements, the matter shall be referred to City Council. If a secondary road or through highway is involved, the matter of additional pavement shall be discussed with City Council to determine what proportion of the cost thereof shall be borne by the subdivider. When a street is not built so as to connect with another, a temporary turnaround which meets the requirements of a cul-de-sac shall be constructed at the dead end.
B. 
Work performance. All work shall be in strict accordance with approved plans and city specifications now in effect or hereafter adopted relating to such type of work.
C. 
Public utilities and laterals. All gas, water, electric and other mains, pipes and conduits, together with all service connections or laterals which shall be constructed to the property line, shall be laid, where the need therefor can be reasonably determined, before streets, accessways or alleys, shown on approved plans, or paved. After such streets, accessways, alleys are paved, no openings shall be permitted in such paving, except pursuant to the Street Opening Procedures of the city.
D. 
Inspection of work and materials.
(1) 
Twenty-four hours' notice to city. The Building Official must be notified 24 hours in advance of the commencement of any construction in order that provision may be made for the proper inspection thereof.
(2) 
Samples of materials. Samples of materials and every reasonable facility for ascertaining whether the work is in conformity with the provision of these regulations and city specifications shall be furnished to the city.
E. 
Fees; cost of material tests. The subdivider shall pay the actual cost of any material tests.
A. 
Design standards.
(1) 
Arrangements. Streets shall be arranged to conform with the arrangement of both existing and planned streets, so as to form a harmonious and systematic development of the city. Secondary roads and through highways shall be connected with such existing streets and highways so as to provide for continuation thereof. Residential streets shall be laid out so as to discourage their use as secondary or through highways.
(2) 
Conformation to topography. Wherever possible, streets shall conform to topographical conditions.
(3) 
Grading. The shoulders shall be graded to the full width of the right-of-way and provisions made for slopes beyond the right-of-way.
(4) 
Right-of-way and paving widths.
(a) 
Streets. The minimum width of the right-of-way and the paving shall not be less than those of an existing street of which the new street is to be a continuation, nor less than the following:
Type
Right-of-Way
(feet)
Paving
(feet, face-to-face)
Curb Required
Main thoroughfares
80 to 100
44
Yes
Secondary streets
60 to 80
36
Yes
Residential streets and group housing and apartments
50
30
Yes
(b) 
Cul-de-sac.
[1] 
A cul-de-sac will not be approved when a through street is practicable. The width of right-of-way shall be based upon maximum development of lots. The width of paving shall be based upon the number of lots to be developed, but the minimum width of the right-of-way and paving shall not be less than the following:
Number of Families
Right-of-Way
(feet)
Paving
(feet, face- to-face)
Right-of-Way
(feet)
Radius Turnaround
(feet)
5 (or more)
50
32
50
40
4 (and less)
50
26
50
40
[2] 
Where the installation of a turnaround would cause undue hardship in land use, a T- or Y-shaped back-around may be approved.
(5) 
Intersections.
(a) 
Right-of-way lines shall intersect at right angles, wherever practicable, and shall be rounded by a tangential arc having a minimum radius of 20 feet.
(b) 
Curblines shall be rounded by a tangential arc having a minimum radius of 30 feet.
(c) 
Intersections with through highways shall be kept to a minimum.
(6) 
Grade and alignment.
(a) 
The maximum grade shall be 7%, although wherever possible grades in excess of 5% should be avoided. The minimum grade shall be 0.5%.
(b) 
The grade within 50 feet of any side of an intersection shall not exceed 3%.
(c) 
A combination of minimum radius horizontal curves and maximum grades will not be approved.
(d) 
Sight distance.
[1] 
Local street with local street: such that each vehicle is visible to the other driver when each is 75 feet from the intersection for 25 miles per hour speed. No building or other sign obstruction shall be within the sight triangle.
[2] 
Local street with through street: The same as above.
[3] 
Local street with state highway: The same as above.
(e) 
Horizontal curves. Horizontal curves shall have a minimum radius of 300 feet on main thoroughfares, 200 feet on secondary streets and 150 feet on residential streets. A long radius curve shall be used rather than a series of curves connected by short tangents. Minimum radius curves at end of long tangents shall be avoided.
(f) 
Vertical curves. Vertical curves shall be used at changes in grades of more than 1%; for proper transition, the length of curve shall approximate 25 feet for each percent of change in grade.
(7) 
Street names. Street names must be approved by City Council.
(8) 
Streetlights. Streetlights shall conform in design and location to approved streetlighting standards so as to provide proper street illumination. Streetlights shall be installed within a reasonable time.
(9) 
Utilities. All proposed sewers, sewer laterals and sewer connection, all gas and water mains and all service connections, all electrical, telephone and cable conduits, all other mains, pipes and conduits and the like shall be installed before paving of the street. For a period of five years after acceptance of streets by the city, no utility mains or laterals shall be installed in any paved streets. Construction and details of utilities are governed by appropriate sections of these regulations.
B. 
Sidewalks.
(1) 
Surface, width and specifications. Sidewalks, not in an Historic Zoning District, shall be constructed of concrete to a width of at least four feet. Sidewalks to be constructed in an Historic Zoning District shall be constructed in accordance with the terms of the historic review certificate issued by the city's Historic Area Commission.
(2) 
Location. Sidewalks shall be located within the right-of-way of the street, where possible, and as far from the curb as practicable.
C. 
Monuments. Monuments of stone or concrete of approved design shall be placed at such corners, angle points, points of curve and intermediate points as may be necessary to define and locate the street right-of-way, as directed by the Building Official or City Engineer.
D. 
Hedges, fences and walls. Hedges shall not be planted, and fences, walls and other obstructions shall not be erected within the right-of-way line of the street.
E. 
Cost of construction. The cost of construction for all grading, curb, gutter, subbase, base, surface and sidewalk shall be borne by the developer, subdivider or owner.
F. 
Construction specifications.
(1) 
All construction work shall be done in conformance with approved plans.
(2) 
All work must conform to standard city specifications.
(3) 
All work must be performed under city inspection.
G. 
Maintenance. The subdivider will be responsible for streets and sidewalks until the following conditions have been satisfied:
(1) 
Development street system is approved by the Building Official and certified that the construction was made according to city specifications.
(2) 
Public streets and rights-of-way must be dedicated to and accepted by the city for public use pursuant to the City Charter.
A. 
Water lines; general regulations. No subdivision will be approved unless connection with a public water main is assured for each lot. All water mains and laterals must be installed in accordance with city specifications.
B. 
Electric lines; general regulations. No subdivision will be approved unless connection with a public electric service is assured for each lot. All electric service must be installed in accordance with city specifications.
A. 
Sanitary sewers. No subdivision will be approved unless each lot is connected with a public, sanitary sewer main. The installation of sewer lines shall be governed by city specifications.
B. 
Storm sewer.
(1) 
Cost of installation. Cost of installing all storm drains and appurtenances within subdivision shall be borne by the subdivider or developer.
(2) 
Plans. The subdivider shall prepare and submit to the City Engineer a proposed design and calculation of the storm sewers in accordance with the current (at time of submission of plans) Delaware State Highway Regulations for Subdivisions. Upon approval of these design plans and calculations, the developer shall proceed with the site improvement construction plans.
(3) 
Maintenance. The subdivider will be responsible for storm sewers until the following conditions have been satisfied:
(a) 
Storm sewer system is approved by City Engineer and certified that installation was made according to City Inspection Services.
(b) 
Storm sewers within public streets and easements must be dedicated to and accepted by the city for public use.
(4) 
Location. The location of all storm sewers shall be approved by the City Engineer.
(5) 
Size. Storm sewers shall have a minimum diameter of 15 inches. If any of the storm sewer drains become a portion of the primary storm sewer system of the city, the City Engineer may require that a larger main and/or a greater depth be required than is required for the particular subdivision. In such case, the additional expense incurred by increasing the size and/or depth of the main will be assumed by the city.
(6) 
Manholes. Manholes shall not be more than 300 feet apart on sizes up to 24 inches and not more than 450 feet apart on greater sizes. When approved by the City Engineer, inlets may be substituted for manholes.
(7) 
Changes in direction. A manhole or inlet shall be placed at each change of direction or grade.
(8) 
Materials. All materials used for storm sewer mains and appurtenances must be equal to or better than the minimum standards and specifications established by the City Engineer for storm sewer construction. A copy of specifications are on file at the City Engineer's office.
(9) 
Stormwater drains. Stormwater roof drains shall not discharge water directly over a sidewalk. If downspout on roof drain is near the sidewalk, it shall extend under the sidewalk to the gutter. If a storm sewer is accessible, connection shall be made therewith.
A. 
Requirements for insurance. The subdivider must obtain and provide the city with a performance bond in the amount of 100% of the proposed construction costs of site improvements. An example of this bond, known as "Bond to Accompany the Intention to Construct Streets, Avenues, Roads and Site Improvements Within the Corporate Limits," is attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B. 
Requirements for bond acceptance. Before any building permit will be issued for any site improvements, the following information must be submitted with each performance bond application:
(1) 
Two copies of the performance bond.
(2) 
Two copies of source of supply for all materials.
(3) 
Three copies of the construction plans.
(4) 
One copy of the contract between the subdivider/developer and the contractor.
C. 
Certified check in lieu of bond. If the subdivider is unable to obtain a performance bond, the city will accept a certified check in the amount of 100% of the proposed construction cost of site improvements in lieu of such performance bond. However, all bond forms must be completed and provided to the city with the certified check.
A. 
Appeal to Board of Adjustment.
(1) 
Appeals to the Board of Adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved by the action of the Planning Commission or the Building Official under this chapter. Such appeals shall be taken within a reasonable time, not to exceed 20 days following the action giving rise to the appeal. Such appeal shall be taken by filing with the Building Official for transmittal to the Board of Adjustment a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(2) 
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal; give public notice as required by § 230-62 of Chapter 230, Zoning, and hold a public hearing within 45 days from the date of the filing of the notice of appeal. At the hearing, any party may appear in person or by agent or attorney; the Board shall then decide the appeal within 45 days from the time of the hearing. An appeal stays all proceedings in furtherance of the action appealed from.
B. 
Appeals from the Board of Adjustment. Any person or persons or any board, taxpayer, department or bureau of the city aggrieved by any decision of the Board of Adjustment may seek review by the Superior Court of such decision in the manner provided by the laws of Delaware, and particularly by 22 Del. C. § 328.