[HISTORY: Adopted by The Mayor and Council
of New Castle 8-1-1989 by Ord. No. 319. Amendments noted where
applicable.]
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repealed by this chapter, or with private restrictions placed upon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:"
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.
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.
The person designated by City Council as the "administrative official" pursuant to Chapter 230, Zoning.
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.
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.
As used herein, refers to The Mayor and Council of New Castle,
Delaware (i.e. the City of New Castle).
As used herein, refers to the City Council of The Mayor and
Council of New Castle.
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.
A general term used to describe the following detailed and
precise plans and requirements:
ROADWAY/STREETAs established and amended from time to time by the Delaware Department of Transportation.
SANITARY SEWERAs established and amended from time to time by New Castle County.
WATER MAINAs established from time to time by the Board of Water and Light Commissioners, an agency of The Mayor and Council of New Castle.
ELECTRICAs established from time to time by the Board of Water and Light Commissioners, an agency of The Mayor and Council of New Castle.
A residential street having one end open for public vehicular
or pedestrian access, and the other end terminated by a vehicular
turnaround.
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.
A portion of a subdivision or other parcel of land intended
for transfer of ownership or for building development.
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.
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.
The Planning Commission of the City of New Castle.
The city's plan of streets and alleys, including those which
have been or may be laid out but are not yet opened.
A plan prepared by a registered engineer showing the construction
details of a proposed improvement in accordance with an approved subdivision
plan.
A modification, division, addition, deletion, or correction
to a previously recorded lot or lots that does not create a new building
lot and that does not alter a public right-of-way or conflict with
the Official Map of the City. Examples of a resubdivision include
but are not limited to a lot line adjustment where no new building
lots are created or the extinguishment of an existing lot line whereby
two existing lots are combined into one lot.
[Added 3-8-2022 by Ord.
No. 535]
The dedicated width of street, alley accessway or crosswalk.
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.
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.
RESIDENTIAL (URBAN)A street used primarily as the principal means of access to adjacent residential properties.
SECONDARYA street serving primarily as the principal means of transportation between neighborhoods or as a feeder road for through highways.
MAIN THOROUGHFARESA street that serves, or is designed to serve, as a major artery for communication and transportation between cities and other large communities.
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.
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.
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.
[1][1]
Editor's Note: The definition of "subdivision, minor," which
immediately followed this definition, was repealed 3-8-2022 by Ord. No. 535.
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.
(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]
(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.
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)
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.
[Amended 3-8-2022 by Ord.
No. 535]
(4)
When the final plat does not include site improvements or establishment
of new streets or public ways or dedication of land for public purposes,
approval will be by resolution of City Council on the recommendation
of the Planning Commission.
[Amended 3-8-2022 by Ord.
No. 535]
(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.
D.
Approval of resubdivision plat.
[Added 3-8-2022 by Ord.
No. 535]
(1)
Resubdivision plats shall be reviewed and approved by the Building
Official.
(2)
Resubdivision plats shall not create a violation of the Schedule of Zone Regulations contained in Chapter 230 or increase an existing nonconforming situation relative to the Schedule of Zone Regulations.
(3)
Resubdivision plats shall contain the same information as a final
plat as determined by the Building Official and shall contain a note
clearly stating the purpose and intent of the subject resubdivision.
(4)
Resubdivision plats approved by the Building Official shall be forwarded
to the City Council for approval by resolution.
(5)
The subdivider will promptly file the approved resubdivision 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.
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.
(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:
(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.
A.
Utilities.
(1)
All subdivision utilities shall be below ground.
[Amended 3-8-2022 by Ord. No. 535[1]
[1]
Editor's Note: This ordinance also repealed former Subsection
A(2), which required all minor subdivision utilities to conform to
the utilities in the immediate neighborhood or vicinity. Ordinance
No. 535 also renumbered former Subsection A(3) through (7) as Subsection
A(2) through (6).
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
No part of the cost of construction of utilities shall
be borne by the City.
[Amended 12-9-1997 by Ord. No. 379]
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:
(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.
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.
G.
Maintenance. The subdivider will be responsible for
streets and sidewalks until the following conditions have been satisfied:
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:
(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:
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.
