A.
Before the submission of a subdivision
plat, the subdivider shall consult with the Commission's staff and
other public agencies to ascertain the location of proposed major
streets, highways, parks, playgrounds, school sites and other planned
public improvements, and to determine the zoning regulations and other
requirements relating to or affecting the proposed subdivision. The
subdivider shall also consult with the County Engineer and, where
applicable, the State Department of Natural Resources and Environmental
Control on matters relating to proposed facilities for sanitary sewage
disposal, storm drainage and water supply intended to serve the proposed
subdivision. The purpose of these consultations is to assist the subdivider
by furnishing information and advice, in order to expedite matters
for the subdivider, save him unnecessary expense and promote the best
coordination between the plans of the subdivider and those of the
county and other public agencies.
B.
The Commission's staff may require a sketch
of the property in question showing the proposed scheme for development
of the property and other significant information.
C.
If the Director determines that the proposed
subdivision represents a minor subdivision of a parcel, existing as
of the effective date of this amended provision, on a street other
than a major arterial roadway, and if the Director determines that
review by the Commission is not necessary or desirable, he may waive
the requirement of preparing a preliminary plat and may authorize
the preparation of a record plat for purposes of recordation. He may,
however, request review assistance from other concerned agencies prior
to authorizing preparation of the plat. Lots in any minor subdivision
plat approved by the Director, without review by the Commission, shall
have a minimum area of 3/4 of an acre and a minimum width of 150 feet
and shall utilize entrances as approved by the Delaware Department
of Transportation.
[Amended 3-25-1997 by Ord. No. 1130; 5-17-2022 by Ord. No. 2852]
A.
After the preliminary conference with the staff, the subdivider shall prepare a preliminary plat of the proposed subdivision conforming to the requirements for the preparation of such plat as set forth in Article IV. The following items shall be filed with the staff: black- or blue-line prints of the preliminary plat in a quantity to be determined by the Director, a completed application form, the filing fee and all supporting statements required by this chapter.
[Amended 1-16-1996 by Ord. No. 1071; 1-15-2002 by Ord. No.
1518]
B.
The preliminary plat shall be checked by
the staff to determine its conformity with the county's Official Zoning
Map, other pertinent features of the Comprehensive Plan of the county,
applicable zoning and other regulations and the design principles
and standards and requirements for plat submission as set forth in
this chapter. The staff shall also refer the preliminary plat to the
Commission's Technical Advisory Committee for comment and recommendation.
C.
Upon filing an application for a preliminary
subdivision plat approval, the applicant shall provide a notarized
list of property owners and addresses for all property owners within
200 feet of the proposed site for the subdivision. A notice shall
be sent by the Commission staff to the adjoining owners that plans
are available for public review in the Planning and Zoning Office,
and the date of the scheduled public hearings shall be noted. Property
owners will be determined by the County Assessment Office property
maps.
A.
A public hearing in accordance with Title
9, Chapter 6810 (b), and Title 9, Chapter 6812, on a preliminary plat
shall be conducted at the next available regular meeting of the Commission
as determined by the Department and the Commission. At the public
hearing, the Commission shall receive a report from its staff, together
with the comments and recommendations of the Technical Advisory Committee.
The Commission shall either tentatively approve or disapprove or conditionally
approve the plat subject to specific changes or modifications.
[Amended 6-26-2011 by Ord. No. 2270]
B.
Tentative approval of a subdivision plat
shall be valid for 36 months. Unless a final plan, in accordance with
the approved preliminary plat, including any required changes or modifications,
and in accordance with all other applicable provisions, shall be filed
with the Commission's staff within 36 months from the date of action
of the preliminary plat, the Commission's action thereon shall be
deemed canceled. An extension of this time period may be sought in
accordance with § 99-40F.
[Amended 6-2-2009 by Ord. No. 2052; 12-15-2015 by Ord. No. 2428]
C.
In addition to the other provisions contained
within this article, the approval of a subdivision shall include consideration
of the following:
[Added 7-8-1997 by Ord. No. 1152]
(1)
Integration of the proposed subdivision
into existing terrain and surrounding landscape.
(2)
Minimal use of wetlands and floodplains.
(3)
Preservation of natural and historical
features.
(4)
Preservation of open space and scenic views.
(5)
Minimization of tree, vegetation and soil
removal and grade changes.
(6)
Screening of objectionable features from
neighboring properties and roadways.
(7)
Provision for water supply.
(8)
Provision for sewage disposal.
(9)
Prevention of pollution of surface and
groundwater.
(10)
Minimization of erosion and sedimentation,
minimization of changes in groundwater levels, minimization of increased
rates of runoff, minimization of potential for flooding and design
of drainage so that groundwater recharge is maximized.
(11)
Provision for safe vehicular and pedestrian
movement within the site and to adjacent ways.
(12)
Effect on area property values.
(13)
Preservation and conservation of farmland.
(14)
Effect on schools, public buildings and
community facilities.
(15)
Effect on area roadways and public transportation.
(16)
Compatibility with other area land uses.
(17)
Effect on area waterways.
A.
Following approval of the preliminary plat
by the Commission, the subdivider shall submit a final plat for approval
by the Commission.
B.
Such final plat may be for all the property included in the preliminary plat or it may be limited to any portion thereof which is intended to be developed as a unit. Additional final plats, covering additional units of the property, may be submitted later. Every final plat shall be substantially in accordance with the approved preliminary plat, including any changes or additions required by the Commission as a condition for its approval, and it shall conform in every respect to the requirements for the preparation of such plat as set forth in § 99-12 of this article and Article VI.
C.
Upon receipt by the staff of the final
plat and evidence that other plans or studies required by state or
other county agencies are approved, the staff will place the final
plat on the agenda of the Planning and Zoning Commission for approval.
Failure of the Commission to report within 45 days after the meeting
of the Planning and Zoning Commission on the final plan shall be deemed
approval.
D.
The subdivider shall file the following
items with the Commission's staff: four black- or blue-line prints
of the plat.
Within 60 days after approval of
the Commission, the subdivider shall provide the Commission's staff
with 10 prints, of which one print shall be recorded in the office
of the Recorder of Deeds.
The subdivider shall file for approval
of plans for those improvements which he is required to make under
the provisions of this chapter and the requirements of other public
agencies.
A.
Before undertaking resubdivision of previously subdivided and recorded plats, the owner of those lots to be altered shall consult with the Commission staff and the County Engineer in accordance with § 99-7, who shall in turn submit recommendations to the Director. The Director shall give notice to all property owners within the subdivision, as they are identified on the assessment rolls, of the pending application. In the event the proposed resubdivision or alteration results in increased density within the subdivision, the subdivider shall provide evidence that not less than 51% of the property owners consent to the application. For purposes of determining the percentage of property owners, each recorded lot or parcel of real estate shall be entitled to only one vote or consent regarding the proposed resubdivision or alteration. In the case of more than one lot or parcel owned by the same person(s) or legal entity, each lot or parcel shall be entitled to one vote or consent.
[Amended 6-5-2001 by Ord. No. 1463; 6-26-2012 by Ord. No. 2269]
B.
If a subdivider wishes to alter a subdivision previously recorded to create new lots, new streets or substantially change the intent of the original plat, in the opinion of the Director, the subdivider must comply with the provisions of this chapter as they would apply to the creation of a totally new subdivision and submit for review a plat in accordance with the provisions of §§ 99-10 and 99-11 of this chapter.
C.
If the Director determines that the proposed
resubdivision or alteration to a previously recorded plat is a minor
subdivision, as defined in this chapter, and that there is unanimous
consent by all owners to the proposed alteration or resubdivision,
the Director may grant approval to the application without referring
it to the Commission for review.
[Added 6-5-2001 by Ord. No. 1463]
D.
If an amendment proposes to resubdivide
in order to create or establish lots in areas shown on the final record
plan as parks or common areas set aside for the use of all property
owners, the Director shall not accept an application under this section
unless the applicant has obtained a ruling from a court of competent
jurisdiction deleting or removing the requirement that said area or
areas be maintained in perpetuity as a park or a common area available
for the use of all property owners.
[Added 12-16-2008 by Ord. No. 2022[1]]
[1]
Editor's Note: This ordinance also provided
that it shall apply to applications filed after 1-1-2009.
[Amended 6-5-2001 by Ord. No. 1463; 11-8-2005 by Ord. No.
1804]
Fees to partially cover the cost
of considering, examining and checking the plats required herein and
for recording the final plat shall be collected at the time of filing
the plans in accordance with the following schedule of charges:
A.
A fee shall accompany an application under
this chapter, and the subdivider shall also reimburse the County prior
to any public hearing for the cost of preparing and giving of notice.
These fees shall be included in the schedule of fees adopted as part
of the annual Sussex County budget.
[Amended 6-21-2022 by Ord. No. 2868]
B.
Final plat.
