Chapter 215 Lines and Grades

[HISTORY: Adopted by the Mayor and Council of New Castle 2-13-2001 by Ord. No. 396. Amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land — See Ch. 213.

Zoning — See Ch. 230.

ATTACHMENTS

In designing the proposed lines and grades for any site, the designer should take into consideration the following parameters, which will be utilized by the City to determine the acceptability of the lines and grades:

(1)

The lines and grades plan should ensure that the grading is "consistent" with the grading on adjacent land, thus creating a coordinated and more attractive layout.

(2)

The proper layout of the land, as shown through the lines and grades plan, should help to ensure that adjacent properties are not adversely affected by the proposed construction.

Runoff from the new parcel should not be unduly directed towards the adjacent parcels, but should utilize the natural contours of the land and should maintain natural flow patterns. In situations where the grading of the land cannot be accomplished without creating runoff problems tin the adjacent properties, additional measures must be taken on the parcel being developed to mitigate these adverse impacts. These additional measures may include the construction of stormwater management facilities to control the rate and volume of runoff.

§ 215-2 Lines and grades plan information for subdivisions which do not involve internal streets and individual building permits.

The following information shall be submitted to the City of New Castle for review and approval prior to issuance of a building permit on all subdivisions that do not contain internal streets. Additional information may be required by the City to ascertain the extent of impact to adjacent properties. Once approved by the city, the approved lines and grades plan shall direct the construction that takes place on the parcel.

The name, address and phone number of the owner and the person responsible for the preparation of the plan.

The tax parcel number and address of the property shown on the lines and grades plan.

A location map showing the approximate location of the affected parcel in relationship to adjacent parcels and roadways.

Existing site grades with a minimum one-quarter-foot contour interval for land with an average slope less than or equal to 1%; existing site grades with a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than or equal to 2%; existing site grades with a minimum one foot contour interval for land with an average slope greater than 2%. The existing topography shall extend at least 50 feet beyond the property lines in all directions. The site grades shall be established by field survey or aerial topography and shall not be interpolated from USGS maps or some other source.

All existing site topography, including drainage structures, existing streets, existing driveways, on-site buildings, off-site buildings within 200 feet of the property lines and general drainage patterns. Enough information must be presented so that the impact of the proposed construction on adjacent properties can be determined. Field survey or aerial topography shall be utilized to establish the existing topography.

All proposed site topography, including new roads, all site clearing and proposed structures.

Proposed structures' first floor elevations.

Proposed spot grades at all building corners, driveway or parking lot corners and all low and high spots created because of the proposed grading.

All proposed drainage structures, including pipes, inlets, manholes, swales and ditches, along with runoff directional flow arrows.

Proposed building setback lines and other pertinent zoning criteria.

If necessary to mitigate off-site runoff impacts, the complete design calculations and construction plans, including necessary construction details, shall be provided for any stormwater management facilities.

The plan must be signed and sealed by a Delaware registered professional engineer or professional land surveyor.

§ 215-3 Lines and grades plan information for subdivisions which involve internal streets.

The following information shall be submitted to the City of New Castle for review and approval prior to beginning construction or the issuance of a building permit on all subdivisions that contain internal streets. Additional information may be required by the City to ascertain the extent of impact to adjacent properties. Once approved by the city, the approved lines and grades plan shall direct the construction that takes place on the parcel.

The names, addresses and phone numbers of the owner and the person responsible for the preparation of the plan.

The tax parcel number and address of the property shown on the lines and grades plan.

A location map showing the approximate location of the affected parcel in relationship to adjacent parcels and roadways.

Existing site grades with a minimum one-quarter-foot contour interval for land with an average slope less than or equal to 1%; existing site grades with a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than or equal to 2%; or existing site grades with a minimum one-foot-contour interval for land with an average slope greater than 2%. The existing topography shall extend at least 50 feet beyond the property lines in all directions. The site grades shall be established by field survey or aerial topography and shall not be interpolated from USGS maps or some other source.

All proposed site topography including new roads, all site clearing and proposed structures.

Proposed site grades with a minimum one-quarter-foot contour interval for land with an average slope less than or equal to 1%; proposed site grades with a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than or equal to 2%; or proposed site grades with a minimum one-foot contour interval for land with an average slope greater than 2%. Proposed site grades must continue until they tie back into existing grades. The proposed site grades must be provided for the internal street construction as well as the grading for the individual lots, even if no construction is initially planned on the individual lots. Modifications to the approved lines and grades plan for the individual lots shall be handled in accordance with the standards set forth in § 215-2, except the proposed grading on the adjacent lots, if also covered by the approved lines and grades plan, will be reviewed and may need to be revised and approved again prior to allowing the modification.

Proposed structures' first floor elevations.

Proposed spot grades at all building corners, driveway or parking lot corners and all low and high spots created because of the proposed grading.

All proposed drainage structures, including pipes, inlets, manholes, swales and ditches, along with runoff directional flow arrows.

Proposed building setback lines and other pertinent zoning criteria.

All proposed utilities installed within the road rights-of-way.

The plan must be signed and sealed by a Delaware registered professional engineer or professional land surveyor.

§ 215-4 Lines and grades plan information for all new construction projects.

The following information shall be submitted to the City of New Castle for review and approval prior to beginning construction or the issuance of a building permit, whether the permit is required for the construction of a new structure, any addition resulting in a change in the footprint of an existing structure or for any grading, paving or filling which alters the existing topography of a parcel of land. Additional information may be required by the City to ascertain the extent of impact to adjacent properties. Once approved by the city, the approved lines and grades plan shall direct the construction that takes place on the parcel.

The names, addresses and phone numbers of the owner and the person responsible for the preparation of the plan.

The tax parcel number and address of the property shown on the lines and grades plan.

A location map showing the approximate location of the affected parcel in relationship to adjacent parcels and roadways.

Existing site grades with a minimum one-quarter-foot contour interval for land with an average slope less than or equal to 1%; existing site grades with a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than or equal to 2%; or existing site grades with a minimum one-foot contour interval for land with an average slope greater than 2%. The existing topography shall extend at least 50 feet beyond the property lines in all directions. The site grades shall be established by field survey or aerial topography and shall not be interpolated from USGS maps or some other source.

All proposed site topography, including new roads, all site clearing and proposed structures.

Proposed site grades with a minimum one-quarter-foot contour interval for land with an average slope less than or equal to 1%; proposed site grades with a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than or equal to 2%; or proposed site grades with a minimum one-foot-contour interval for land with an average slope greater than 2%. Proposed site grades must continue until they tie back into existing grades. The proposed site grades must be provided for the internal street construction as well as the grading for the individual lots, even if no construction is initially planned on the individual lots. Modifications to the approved lines and grades plan for the individual lots shall be handled in accordance with the standards set forth in § 215-2, except the proposed grading on the adjacent lots, if also covered by the approved lines and grades plan, will be reviewed and may need to be revised and approved again prior to allowing the modification.

Proposed structures' first floor elevations.

Proposed spot grades at all building corners, driveway or parking lot corners and all low and high spots created because of the proposed grading.

All proposed drainage structures, including pipes, inlets, manholes, swales and ditches, along with runoff directional flow arrows.

Proposed building setback lines and other pertinent zoning criteria.

All proposed utilities installed within the road rights-of-way.

The plan must be signed and sealed by a Delaware registered professional engineer or professional land surveyor.

§ 215-5 Lines and grades plan: information for utility construction.

The following information shall be submitted to the City of New Castle for review and approval prior to beginning construction or the issuance of a building permit for any utilities. Additional information may be required by the City to ascertain the extent of impact to adjacent properties. Once approved by the city, the approved lines and grades plan shall direct the construction that takes place on the parcel.

The names, addresses and phone numbers of the owner and the person responsible for the preparation of the plan.

The tax parcel number and address of the property(ies) shown on the lines and grades plan.

A location map showing the approximate location of the affected parcel(s) in relationship to adjacent parcels and roadways.

Existing site grades for all affected properties with a minimum one-quarter-foot contour interval for land with an average slope less than or equal to 1%; existing site grades with a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than or equal to 2%; or existing site grades with a minimum one-foot contour interval for land with an average slope greater than 2%. The existing topography shall extend at least 50 feet beyond the property lines in all directions. The site grades shall be established by field survey or aerial topography and shall not be interpolated from USGS maps or some other source.

All existing site topography, including existing utilities, drainage structures, existing streets, existing driveways, on-site buildings, off-site buildings within 200 feet of the property lines and general drainage patterns. Enough information must be presented so that the impact of the proposed construction on adjacent properties can be determined. Field survey or aerial topography shall be utilized to establish the existing topography.

All proposed site topography, including new roads, all site clearing and proposed structures.

Proposed spot grades at all building corners, driveway or parking lot corners and all low and high spots created because of the proposed grading.

All proposed drainage structures, including pipes, inlets, manholes, swales and ditches, along with runoff directional flow arrows.

All proposed utilities to be installed.

The plan must be signed and sealed by a Delaware registered professional engineer or professional land surveyor.

§ 215-6 Certificate of occupancy or utility approval.

Prior to issuance of the certificate of occupancy for any structure, other improvement and/or lot or prior to the final approval of any utility construction, each lot owner must submit to the City a completed lines and grades certificate of accuracy. The completed form must be signed and sealed by a Delaware registered professional engineer or professional land surveyor. By signing and sealing the plan, the owner and the professional engineer or land surveyor are attesting to the fact that the actual built condition of the land and/or structure or other improvement is in conformance with the approved lines and grades plan within acceptable parameters. Additionally, the owner and the professional engineer or land surveyor are attesting to the fact that the lots, as built, will not cause any adverse impacts, that are within the parameters of this lines and grade ordinance, on the adjacent properties. The owner and professional engineer or land surveyor must also attest to the fact that the structures built on the property do not violate any zoning regulations, including any required setbacks. Submission of the lines and grades certificate of accuracy does not in any way limit the city's rights and abilities to independently confirm the adequacy of the lot grading and other site construction.

For the as-built condition to be considered within acceptable parameters, the following criteria must be met:

(1)

Lots must not create adverse impacts on the adjacent properties.

(2)

General runoff flow patterns must be consistent with the flow patterns envisioned on the approved lines and grades plan.

(3)

The as-built site grades must be within 3 inches of the proposed site grades on the approved lines and grades plan.

(4)

Structures cannot violate any setback, bulk or other pertinent zoning regulations.

An as-built lines and grades plan must be submitted to the City along with the required signed and sealed lines and grades certificate of accuracy. The information required on the as-built lines and grades plan shall be the same information as required in §§ 215-2, 215-3 and 215-4 above, except that all of the information shall be for the as-built condition. As with the existing topographic information, the as-built topographic information, including contours at a minimum one-quarter-foot contour interval for land with en average slope less than or equal to 1%; a minimum one-half-foot contour interval for land with an average slope greater than 1% and less than, or equal to 2%; or a minimum one-foot contour interval for land with an average slope greater than 2%. The as-built lines and grades plan shall be established by field survey or aerial topography. Preferably, the as-built lines and grades plan will be done at the same scale and with the same general format as the proposed lines and grades plan. A sample lines and grades certificate of accuracy is attached as Exhibit A.[1]

[1]

Editor's Note: Exhibit A is located at the end of this chapter.

In those situations where the criteria necessary for the as-built lines and grades of the property are not met, the City shall not issue a certificate of occupancy (or final approval of utility construction) for any buildings on the property until such time that remedial measures have been completed to bring the property into compliance with the approved lines and grades plan and the standards contained herein. The City may take additional measures necessary to ensure the safety of the adjacent properties if the property creates undue adverse impacts on the adjacent properties.

§ 215-7 Exemption from compliance.

[Added 6-21-2002 by Ord. No. 407; amended 9-10-2002 by Ord. No. 417]

Notwithstanding the terms of this chapter requiring a lines and grades plan for all new construction projects, the administrative or Code Official is authorized to issue a building permit without requiring a lines and grades plan upon the Code Official's determination that the application for a permit is for alteration or repair or when, in the opinion of the Code Official, waiver or modification of the requirement for a lines and grades plan is otherwise warranted. All lines and grades plans shall be dated.

A plot or mortgage survey plan bearing the seal of a Delaware registered land surveyor or professional engineer may be accepted at the discretion of the Code Official to accommodate new structures under 480 square feet, however, applications for in-ground pools must be accompanied by a lines and grades plan regardless of pool size.