This chapter shall be known, referred to and cited as the "Subdivision Ordinance of Sussex County, Delaware."
A.
The Sussex County Council, by authority of Chapters 68 and 69, Title 9, Delaware Code, hereby adopts the following regulations governing the subdivision and development of lands located within the jurisdiction of said county.
A.
This chapter is established to promote and protect the health, safety, convenience, orderly growth and welfare of the citizens of the county; to assist in the proper development, conservation of property values and use of land in the county; to encourage the preservation and conservation of farmland; and to assure that future schools and other public buildings, community facilities, residential developments and commercial and industrial areas will be conveniently and properly located.
B.
The provisions and requirements of this chapter shall not apply to subdivisions and land developments for which plans have been recorded in the office of Recorder of Deeds in and for Sussex County, Delaware; except, however, that changes sufficient to constitute a subdivision, as defined in this chapter, are subject to all applicable provisions in this chapter.
The following general rules of word meaning and usage shall apply to this chapter.
A.
The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.
B.
Words used in the present tense include the past and future tenses, and the future the present.
C.
The word "shall" is always mandatory. The word "may" is permissive.
D.
The word "public" means "open to common use," whether or not public ownership is involved.
E.
Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.
[Amended 6-11-1991 by Ord. No. 768; 6-6-1995 by Ord. No. 1031; 3-25-1997 by Ord. No. 1130; 7-29-2008 by Ord. No. 1984; 12-16-2008 by Ord. No. 2022;[1] 6-26-2012 by Ord. No. 2269; 3-28-2017 by Ord. No. 2489; 2-5-2019 by Ord. No. 2629; 5-17-2022 by Ord. No. 2852; 8-27-2024 by Ord. No. 3038; 12-10-2024 by Ord. No. 3062]
For the purpose of this chapter, certain terms and words are hereby defined:
A narrow public or private thoroughfare, not exceeding 16 feet in width, which provides a secondary means of vehicular access to abutting properties and which is not intended for general circulation.
A line within a lot, so designated on a plat of a subdivision, between which line and the street line of any abutting street no building or structure may be erected.
The minimum distance that a building must be set back from a street or lot line as required by a building setback line so designated on a plat of a subdivision. The "building setback" may be greater than but shall not be less than required in the Zoning Ordinance.[2]
An overall lot grading plan prepared by a licensed professional who is permitted to prepare detailed sediment and stormwater plans, specifying the elevation, surface gradients, lot types, swale locations, driveway pipe sizes and other drainage information required for lot grading, as further set forth in the Sussex Conservation District Technical Drainage and Grading Requirements. A bulk grading plan shall confirm that all conveyance features must be located in deeded open space or the subject of a permanent easement, and that they satisfy the following requirements:
Conveyance swale design criteria:
A minimum longitudinal swale slope of 1.0% if contiguous to a residential lot excluding roadside swales. If the slope is greater than 0.5% but less than 1%, then no more than 300 feet of conveyance swale can be routed through an adjacent lot, not to exceed three side-by-side lots, prior to entering a closed drainage system. All other conveyance swale design criteria shall apply.
Maximum side slopes of 3:1 or flatter.
Must contain the ten-year design storm within the banks.
Conveyance must be nonerosive.
Must show spot elevations at grade breaks in the proposed conveyance swales as applicable.
Must include flow direction arrows.
Pipe/inlet size, type, inverts, slope, rim elevations must be labeled on the plan view.
Must include a summary table listing conveyance swale drainage area, discharge (Q10), velocity and depth of flow.
Closed drainage system design criteria:
Must include yard basins where required within the drainage easement or open space to capture and convey lot surface runoff via a closed system to a positive outfall location.
Must show spot elevations at grade breaks in the proposed conveyance swales as applicable.
Must include flow direction arrows.
Pipe/inlet size, type, inverts, slope, rim elevations must be labeled on the plan view.
Profiles for closed drainage systems receiving residential lot drainage shall only be required within a system with more than two pipes and/or structures that are not located within a roadway.
Must include a summary table listing conveyance swale drainage area, discharge (Q10), velocity and depth of flow.
See "roadway."
The removal of trees and other vegetation by any means. "Clearing" or "cleared" does not include selectively removing dead or diseased trees or invasive species.
A street which is intended to collect traffic from the minor streets within a neighborhood or a portion thereof and to distribute such traffic to major thoroughfares.
The County Planning and Zoning Commission of Sussex County.
Sussex County, Delaware.
The attorney or attorneys appointed by the Sussex County Council to serve as legal counsel to the County Council and the County Planning and Zoning Commission.
The County Engineer of Sussex County, Delaware.
A public way intended for pedestrian use and excluding motor vehicles which cuts across a block in order to furnish improved access to adjacent streets or properties.
A minor street having but one end open for vehicular traffic and the other end permanently terminated by a turnaround or backaround for vehicles.
A plan depicting final grades for land development prepared by a licensed professional who is permitted to prepare detailed sediment and stormwater management plans, including house and lot perimeter spot elevations and conveyance features to ensure positive drainage under the minimum slope requirements. A detailed grading plan shall satisfy the following requirements:
It must demonstrate that lots can be graded with a minimum slope of 5% the first 10 feet from the dwelling or as required by building/residential codes and 1% beyond 10 feet to the side and rear swales or a closed pipe.
It must show spot elevations delineating grade breaks at all property and right-of-way lines, including finished grades at all lot and house corners.
It must show first floor and slab elevations.
Relief from the foregoing standards may be granted by the Sussex County Engineer for environmental, topographic, archeological or site constraints or low-impact development (i.e., rain gardens, bioswales, etc.).
The Planning and Zoning Director of Sussex County, Delaware.
A piece of land for which the owner grants a right of use to someone else for one or more designated purposes, which purposes are consistent with the general property rights of the owners. The use may be in perpetuity or for a designated period of time and may be subject to abandonment.
An individual technically qualified and legally qualified in the State of Delaware to practice the profession of engineering and who is registered to do so in the State of Delaware.
A feature, excluding laterals draining agricultural fields, that carries only runoff in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, its aquatic bed is always above the water table during a year of normal rainfall, and runoff is its primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water.
The map or plan or record of a subdivision and any accompanying material, as described in these regulations.
A method or process, to include a forest inventory/tree survey, for determining the area or areas within a parcel that contain high habitat value and groupings of trees or individual trees to be preserved within the Perimeter Buffer and Perimeter Buffer Protection Area.
A report detailing the findings of a Forest Assessment prepared and certified by a licensed landscape architect, certified arborist, or licensed forester or a forester designated by the Society of American Foresters as a "certified forester."
A lot grading plan prepared by a licensed professional who is permitted to prepare detailed sediment and stormwater management plans conforming to the approved detailed grading plan submitted simultaneously with a building permit for construction on a lot. An individual lot grading plan shall satisfy the following requirements:
It must show compliance with a minimum slope of 5% the first 10 feet from the dwelling or as required by building/residential codes and 1% beyond 10 feet to the side and rear swales or a closed pipe.
It must show spot elevations delineating grade breaks at all property and right-of-way lines, including finished grades at all lot and house corners.
It must show first floor and slab elevations.
Relief from the foregoing standards may be granted by the Sussex County Engineer for environmental, topographic, archeological or site constraints or low-impact development (i.e., rain gardens, bioswales, etc.).
A well-defined channel, excluding laterals draining agricultural fields, that contains flowing water for only part of the year, typically during winter and spring when the aquatic bed is below the water table, connecting otherwise isolated nontidal wetlands to downstream tidal/perennial waters/streams. The flow may be heavily supplemented by runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water.
See "minor street."
A fractional portion of a subdivision, measured, surveyed and platted and set apart for separate use and occupancy from contiguous parcels of land, and having its principal frontage upon a street.
The total horizontal area within the lot lines of the lot.
The average horizontal distance between the front and rear lot lines.
A certification prepared by a licensed professional who is permitted to prepare detailed sediment and stormwater management plans that a lot, as graded, is in general conformity with the individual lot grading plan. A lot grading certificate shall include the following information:
North arrow.
Tax Map and parcel number(s).
Subdivision name and lot number.
Property lines, lot dimensions, drainage easements and adjacent rights-of-way.
The location of the following items:
Elevations at four corners of the structure and at the location of the spot elevations indicated on the detailed grading plan as applicable.
Inverts of drainage structures receiving runoff from the lot.
Top and bottom of curb and gutter (if applicable).
Driveway culvert pipe material, size and inverts, where applicable.
Immediately adjacent upstream and downstream driveway culverts, including inverts and pipe sizes (if applicable).
Swale inverts along property frontage.
Finished floor and slab elevations.
A description of any discrepancies or variations from the approved plans (including site plans, detailed grading plan, construction plans or calculations and specifications) and any approved revisions as a result thereof.
The boundary line of the lot.
A lot having frontage on two approximately parallel streets.
The shortest horizontal distance between the side lot lines measured at the required building setback line. If the angle between the front and side lines is less than 90°, the lot width shall be measured from side to side at right angles to the length of the setback line. (See definition of "lot width" in § 115-4B of Chapter 115, Zoning, for example.)
Those roadways in the unincorporated areas of Sussex County or subject to the zoning regulation of Sussex County, Delaware, which because of the traffic patterns of Sussex County operate at capacity and which are designated as follows:
Delaware Route 1 from the Kent County line to the Worcester County, Maryland, line.
U.S. Route 113 from the Kent County line to the Worcester County, Maryland, line.
U.S. Route 13 from the Kent County line to the Wicomico County, Maryland, line.
Delaware Route 404 from the Caroline County, Maryland, line to its intersection with Delaware Route 18.
Delaware Route 18 from its intersection with Delaware Route 404 to its intersection with U.S. Route 113.
U.S. Route 9 from its intersection with U.S. Route 13 to its intersection with Delaware Route 1.
U.S. Route 9 from its intersection with Delaware Route 1 to the southwesterly town limit of the Town of Lewes.
Any subdivision of land creating six or more new lots.
A street other than a major thoroughfare or collector street and intended primarily for providing access to abutting properties.
Any subdivision creating five or fewer lots and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions or portion of the County Comprehensive Plan, Official Map, Zoning Ordinance, or this chapter. Only one such subdivision shall be approved per year per parcel. The maximum number of lots created in the minor subdivision process shall not exceed four plus one for each 10 acres of original parcel size.
Those wetlands, not classified by this chapter as tidal wetlands, which lie contiguous or abutting to tidal waters, tidal wetlands, perennial streams or those intermittent streams providing a surface water connection between adjacent wetlands and ultimately downstream navigable waters. Nontidal wetlands also include those wetlands only separated from otherwise contiguous or abutting wetlands by constructed dikes, barriers, culverts, natural river berms and beach dunes
The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year). It does not imply, however, that no greater flood is likely to occur or that such a flood will not happen more often than once every 100 years.
In the approximate areas of the coastal floodplain, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source until such other data has been provided by the Federal Insurance Administrator in order to determine the required elevation for conformance to requirements of Chapter 115, Article XXV, § 115-189, of the Code of Sussex County.
In addition, for all subdivision proposals and other proposed developments greater than 50 lots or five acres, whichever is the lesser, the developer shall include within such proposals base flood elevation data utilizing hydrologic and hydraulic engineering techniques undertaken only by professional engineers or others of demonstrated qualifications.
Those land areas within all major residential subdivisions, residential planned communities or developments which have a purpose to provide active and/or passive recreational opportunities, maintain land in a predominantly undeveloped or natural and undisturbed state, including lands used for agricultural purposes, promote conservation, protect wildlife or serve as a buffer between residential and nonresidential areas and/or commercial and noncommercial areas.
The following uses are permitted and the land area devoted to said uses will be included in the calculation of open space:
Play areas not including playgrounds, tot lots or other structures, walking paths, bike paths and multimodal paths that are not located on state road rights-of-way.
Ponds.
Perimeter buffers, perimeter buffer protection areas, resource buffers and forested areas.
Areas protected by perpetual conservation easements.
Areas providing scenic vistas, areas providing wildlife corridors.
Areas designated as "safe zones" under the Source Water Protection Ordinance contained in Chapter 89.
Resources.
Stormwater management facility area.
The following uses are not permitted and the land area devoted to said uses will not be included in the calculation of open space:
Land area included within designated lot lines.
Building footprints.
Predominantly impervious surfaces such as street rights-of-way, sidewalks within street rights-of-way, parking and/or loading areas.
Utility facilities, including but not limited to, any building, plant, equipment for treatment or pumping, lagoons and rapid infiltration basins, for sewer, water, gas, and/or electric utilities.
Clubhouses, community buildings, recreational facilities, including swimming pools, game courts, tot lots and playgrounds, pavilions, community patios, sidewalks and other impervious recreational or community facilities.
Medians, boulevards, parking islands or areas between the pavement or curb and sidewalk within a right of way unless these areas are planted with trees no further than 30 feet from one another that have a minimum height of six feet above ground when planted and will obtain a minimum height of 10 feet when fully grown.
Any reference in this chapter to "open space" shall be subject to and governed by this definition.
The boundary of perennial nontidal rivers or streams, intermittent streams or ephemeral streams shall be defined by the ordinary high-water mark. "Ordinary high-water mark" means the line on a shore or bank established by the fluctuations of water and indicated by physical characteristics, such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other similar physical characteristics indicating the frequent presence of flowing water.
A well-defined channel that contains flowing water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year and which is not subject to tidal influence. Groundwater is the primary source of water for a perennial stream, but it also carries runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.
A managed area of planted or existing trees and shrubs and associated landscaping, not less than 30 feet in width measured from the property boundary located along the entire outer perimeter of any portion of a major subdivision. No lots or stormwater management facilities (excepting outfalls) shall exist within the Perimeter Buffer. The Perimeter Buffer shall function to filter views from and into a subdivision in such a manner that improves the screening than if no landscaping was provided. See illustration below.
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A plan submitted by a developer depicting compliance with the Perimeter Buffer and Perimeter Buffer Protection Area, including, but not limited to, planting schedules, types of vegetation (existing and to be planted); fencing, signage and other marking. The Perimeter Buffer Landscape Plan shall be prepared and certified by a licensed landscape architect, certified arborist, or licensed forester or forester designated by the Society of American Foresters as a "certified forester."
An area adjacent to a Perimeter Buffer that contains Woodlands that is not less than 20 feet in width measured from the edge of the Perimeter Buffer to be retained and protected to ensure that existing Woodlands in a Perimeter Buffer are not disturbed. No lots or stormwater management facilities (excepting outfalls) shall be permitted in the Perimeter Buffer Protection Area. See illustration below.
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The preliminary drawing or drawings described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning and Zoning Commission for approval.
Any owner of a parcel of real estate identified on the assessment rolls of the Sussex County Assessment Office.
The Recorder of Deeds of Sussex County, Delaware.
The whole body of regulations, text, charts, diagrams, notations and references contained or referred to in this chapter and the Comprehensive Zoning Ordinance.[3]
A managed area between residential land uses and resources that is not subdividable once established, with the exception of a subdivision boundary resulting from an approved phase. Resource buffers function to:
Protect the resources and their associated functions.
Improve/protect water quality via sediment filtration, reduce impact of nutrient loading on resources, moderate water temperature, and enhance infiltration and stabilization of channel banks.
Provide wildlife habitat via nesting, breeding, and feeding opportunities; provide sanctuary/refuge during high-water events; protect critical water's edge habitat; and protect rare, threatened, and endangered species associated with each resource and its upland edge.
Enhance and/or maintain the floodplain storage functionality via reduction of flood conveyance velocities as well as dissipation of stormwater discharge energy.
Those wetlands and waters to be provided with a resource buffer due to their importance to Sussex County. These resources include tidal waters, tidal wetlands, nontidal wetlands, perennial streams, and those intermittent streams providing a surface water connection between wetlands.
The portion of a street or highway available for and intended for use by motor vehicle traffic.
A minor street which is parallel to and adjacent to a major thoroughfare and which provides access to abutting properties and restricts access to the major thoroughfare.
A public or private thoroughfare which affords the principal means of access to abutting properties, whether designated as "freeway," "expressway," "highway," "road," "avenue," "boulevard," "lane," "place," "circle" or however otherwise designated.
A dividing line separating a lot, tract or parcel of land and a contiguous street and also referred to as a "right-of-way line."
Any individual, firm, partnership, association, corporation, estate, trust or any other group or combination, acting as a unit, dividing or proposing to divide land so as to constitute a subdivision, as defined herein, and including any agent of the subdivider.
Any real property, improved or unimproved, or a portion thereof shown on the latest adopted county tax roll as a unit or as contiguous units, which is divided for the purpose of sale or lease or building development, whether immediate or future, by any subdivider into two or more lots.
An individual technically and legally qualified to practice the profession of surveying and who is registered to do so in the State of Delaware.
A drainage channel or conveyance and the corresponding right-of-way established and/or formed in accordance with Title 7, Chapter 41, of the Delaware Code, and approved by a ditch order entered by the Superior Court of the State of Delaware and County of Sussex.
A Committee comprising the staff of the Commission, County Engineer and representatives of the following, which shall be designated from time to time by the Commission: the State Division of Highways, State Division of Environmental Control, State Fire Marshal's Office and such other professional and technical representatives as may be deemed necessary by the Commission. The exact membership of the Committee shall be determined by vote of the Commission, as will the number necessary to constitute a quorum, the times and places for meetings and such other measures necessary to create a Committee which shall effectively function as an advisory body to the Commission with regard to design requirements, improvement specifications and other applicable standards relating to the design and construction of subdivisions.
Those waters occurring below the mean high-water line of any tidal water body, tidal stream, or tidal marsh, which is defined as the average height of all the high-tide water recorded over a nineteen-year period as defined by the National Oceanic and Atmospheric Administration.
Areas under the jurisdiction of Title 7, Chapter 66, of the Delaware Code, as regulated and mapped by the Department of Natural resources and Environmental Control.
Activities that are approved through federal and state permit programs that meet the definition of water-dependent activities included in those programs. Water-dependent uses are uses that can only be conducted on, in, over, or adjacent to the water; each involves, as an integral part of the use, direct access to and use of the water. Examples include marinas, boat ramps/launches, docks, piers, water intakes, aquatic habitat restoration, and similar uses.
Those considered ancillary to and supporting permitted water-dependent activities completed on adjacent uplands. Examples include utility connections, limited points of access, loading/unloading areas, and similar uses.
Any body of water, including any creek, canal, river, lake or bay, or any other body of water, natural or artificial.
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Agricultural land consisting of prior converted croplands, as defined by the National Food Security Act Manual (August 1988), are not wetlands. The procedure for delineating the boundary of all wetlands, except for tidal wetlands as defined by this chapter, shall be the methodology provided in the Corps of Engineers Wetland Delineation Manual (January 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (November 2010).
An area of contiguous wooded vegetation of at least 10,000 square feet in an area where trees exist at a density of at least one tree with diameter at breast height of six inches or greater per 400 square feet of land and where the tree branches form a contiguous canopy. Active tree nurseries and orchards shall not be considered Woodlands.
The Comprehensive Zoning Ordinance of Sussex County, Delaware.[4]
[Amended 11-10-1992 by Ord. No. 862;[1] 12-6-1994 by Ord. No. 996; 6-6-1995 by Ord. No. 1031; 7-29-2008 by Ord. No. 1984; 3-28-2017 by Ord. No. 2489; 5-17-2022 by Ord. No. 2852; 8-27-2024 by Ord. No. 3038]
A.
Any person, partnership or corporation intending to subdivide and develop land, as defined herein, shall prepare a plan of said proposed subdivision or land development in accordance with this chapter. Said plan shall be prepared and submitted to the Commission for review and approval and shall be recorded in the office of the Recorder of Deeds.
B.
In Agricultural Districts, as designated on the Official Zoning Map of Sussex County, any division of a parcel of land into lesser parcels of five acres or more and being a minimum width of at least 200 feet shall be permitted, provided that it does not involve a proposed new street or an extension to an existing street.
C.
The Recorder of Deeds shall not receive, file or record a plat or any copy thereof of any new lot unless the plat has been approved by the Commission.
D.
No building permit shall be issued for construction on lands where a subdivision or land development plan is required to be approved until the record plan is approved and recorded in the office of the Recorder of Deeds as hereinafter provided.
E.
No grading, excavating, construction or erection under the jurisdiction of Sussex County may begin within any subdivision or development except in accordance with this chapter and after the issuance of a notice to proceed by the County Engineer or his or her designee.
F.
When land being subdivided is subject to these regulations and regulations of other public agencies, the more restrictive provisions shall be observed.
G.
Agricultural use protections. Normal agricultural uses and activities conducted in a lawful manner are preferred. In order to establish and maintain a preference and priority for such normal agricultural uses and activities and avert and negate complaints arising from normal noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations, land uses adjacent to land used primarily for agricultural purposes shall be subject to the following restrictions:
(1)
For any new subdivision development located in whole or in part within 300 feet of the boundary of land used primarily for agricultural purposes, the owner of the development shall provide in the deed restrictions and any leases or agreements of sale for any residential lot or dwelling unit the following notice: "This property is located in the vicinity of land used primarily for agricultural purposes on which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future involve noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal agricultural uses and activities."
(2)
For any new subdivision development located in whole or in part within 50 feet of the boundary of land used primarily for agricultural purposes, no improvement requiring an occupancy approval for a residential type use shall be constructed within 50 feet of the boundary of land used primarily for agricultural purposes.
H.
When land being subdivided contains wetlands, either state or federal, or a resource with resource buffers, the recorded restrictive covenants or declaration for the subdivision and the deeds to the lots to be conveyed shall include a disclosure statement that reads "This site contains regulated wetlands or a resource with resource buffers governed by the Sussex County Zoning and Subdivision Codes. Activities within these wetlands may require a permit from the U.S. Army Corps of Engineers and/or the State of Delaware. Disturbance of a resource or resource buffer may be a violation of the Sussex County Zoning and Subdivision Codes, for which penalties and other remedies may be imposed by Sussex County.
I.
If any subdivision or other developments are proposed within the flood-prone districts, a zoning permit shall be issued only after the following items are submitted and approved:
(1)
A plan which accurately locates the construction proposal with respect to the flood-prone area boundaries, stream channel and existing flood-prone developments. Included shall be all plans for proposed subdivision and/or land development to assure that:
(a)
All such proposals are consistent with the need to minimize flood damage.
(b)
All public and private utilities, such as sewer, water, on-site waste disposal, gas and electrical systems, are located and constructed to minimize or eliminate flood damage and designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(2)
Such a plan shall also include existing and proposed contours and elevations of the ground, storage elevations, structure, size, locations and elevations of streets, water supply, sanitary facilities, soil types and floodproofing measures.
(3)
A document certified by a registered professional engineer or architect that adequate precautions against flood damage have been taken with respect to the design of any building or structure and that the plans for the development of the site adhere to the requirements and provisions of Chapter 115, Article XXV, § 115-189, of the Code of Sussex County.
[1]
Editor's Note: Section 2 of this ordinance provided that it "shall take effect... as to all applications for the subdivision of land filed with the Planning and Zoning Commission on or after November 10, 1992."