Sussex County, DE Article VI Improvements

§ 99-28 Required improvements.

A. After recording of the plat but prior to the transfer or sale of any lot or part of the subdivision, the subdivider shall be required to provide and install certain minimum improvements in the subdivision. All such required improvements shall be constructed in accordance with the minimum requirements of these regulations and the construction standards and specifications adopted by the appropriate county or state agency or such other governmental agency as may have jurisdiction over a particular improvement. Nothing contained herein, however, shall be construed as prohibiting the subdivider from installing improvements meeting higher standards than the minimum requirements.

B. Lots or parts of the subdivision may be sold or transferred prior to completion of improvements, provided that the subdivider has made adequate guaranties that all improvements will be made. These guaranties shall comply with the provisions of § 99-32 of this chapter.

§ 99-29 Minimum installation requirements.

The minimum requirements for the installation of improvements in subdivisions shall be as follows:

A. Streets and roads. All new streets and roads shall be constructed in accordance with the minimum requirements of these regulations or the minimum construction standards adopted by the Delaware Division of Highways where it has jurisdiction.

B. Surface drainage facilities.

(1) All drainage facilities shall be constructed in accordance with minimum construction standards established by the County Engineer or standards adopted by the Delaware Division of Highways in areas where it has jurisdiction.

(2) Where subdivision and/or development results in increased quantities of stormwater runoff leaving the area to be developed, the subdivider shall demonstrate that off-site drainage improvements are adequate to handle the additional water and that all new or expanded swales, pipes or other off-site improvements are located in dedicated easements which permit efficient access for maintenance purposes. Minimum standards shall be those established by the County Engineer or by the State Division of Highways where it has jurisdiction.

C. Erosion and sedimentation control. All subdivision plans shall include adequate provision for control of temporary flooding or erosion and sediment control both during construction and after completion of construction.

D. Water supply facilities.

[Amended 1-30-1990 by Ord. No. 657]

(1) Every subdivision with lots of such size as to require a public water supply under the regulations of the State Department of Natural Resources and Environmental Control or the county shall be provided with a community water supply and distribution system and appropriately spaced fire hydrants. The source of supply may be a county, municipal or private water system, in which case the distribution system for the subdivision shall meet the standards for such jurisdiction or the standards of the State Department of Natural Resources and Environmental Control, or it may be an independent source of supply approved by the County Engineer and the State Department of Natural Resources and Environmental Control, in which case some acceptable arrangement shall be made for its ownership and operation. The method of ownership and operation shall be approved by the County Attorney and the County Engineer.

(2) All subdivisions requiring a public water supply shall be provided with a water supply and distribution system and fire hydrants meeting nationally recognized standards which have been adopted by the County Engineer.

(a) Prior to the start of construction of any public water supply system, the utility or owner shall submit a copy of the construction drawing and demand calculations to the County Engineer in order to assure compliance with all applicable regulations.

(b) Upon completion of the project, the utility or owner shall submit a set of as-built drawings to the County Engineer for his records to aid in future planning, together with certification of compliance by a responsible utility officer.[1]

[1] Editor’s Note: Former Subsection D(2)(c), which immediately followed and reserved the right of the County to collect appropriate fees for design review and inspections, was repealed 3-28-2017 by Ord. No. 2489.

E. Sanitary sewer facilities.

[Amended 1-30-1990 by Ord. No. 657]

(1) Every subdivision with lots of such size as to require a public sewer system under the zoning regulations or the regulations of the State Department of Natural Resources and Environmental Control and/or the County Engineer shall be provided with a community sanitary sewer system connected to a county or municipal system or to an adequate community sewerage disposal plant meeting the requirements of the State Department of Natural Resources and Environmental Control and the County Engineer. If connected to the county or municipal system, sewers shall be constructed to meet the standards and requirements of such system and shall become a part thereof without cost to the county or municipality. If built as an independent system, sanitary sewer facilities shall meet nationally recognized standards which have been adopted by the County Engineer.

(a) For such independent systems, it is requested that application documents be submitted to the County Engineer at the same time as submission to the Department of Natural Resources and Environmental Control.

(b) A copy of the Department of Natural Resources and Environmental Control approved permit and a copy of construction drawings shall be submitted to the County Engineer prior to construction.

(c) Upon completion of the project, the owner shall submit a set of as-built drawings to the County Engineer for his records to aid in future planning, together with a certificate of compliance by a responsible utility officer and/or professional engineer.

(d) (Reserved)[2]

[2] Editor’s Note: Former Subsection E(1)(d), which reserved the right of the County to collect appropriate fees for design review and inspections, was repealed 3-28-2017 by Ord. No. 2489.

(e) In addition, some acceptable arrangement of ownership and, operation shall be made which is acceptable to the County and the State Department of Natural Resources and Environmental Control.

(2) Where a public sewerage system will not be available, private onsite means of sewage disposal meeting the requirements of the State Department of Natural Resources and Environmental Control shall be provided, and in addition, upon the determination by the County Engineer that public sewer service will be necessary in the future to protect public health and that the installation and capping of sanitary sewer mains and house connections is necessary because the establishment of a sanitary sewer district with related services exists or is planned or when the State Department of Natural Resources and Environmental Control will only issue temporary holding tank permits, the Commission shall require the installation and capping of sanitary sewer mains and house connections.

[Amended 11-13-1990 by Ord. No. 734]

F. Underground utilities. Electrical and telephone wires and cables shall be placed underground in accord with the rules and specifications of the Public Service Commission laws on utility service in developments and special ordinances of Sussex County.

G. Reference monuments. Permanent reference markers shall be at such locations as approved by a registered land surveyor and represent common surveying practices.

(1) Monuments shall be located on street right-of-way lines, at street intersections, angle points of curves and block corners. They shall be spaced so as to be within sight of each other, the site lines being wholly contained within the street lines.

(2) The external boundaries of a subdivision should be monumented in the field. These monuments should be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius and at all angle points in any line.

H. Street names. All new streets shall be named. Street names shall be selected as not to duplicate existing names within the same hundred or postal districts. All new names shall be submitted to the Commission's staff for approval. The subdivider shall be responsible for the placement of all new street name signs. The continuation of any street shall have the same name.

I. Open space and open space area improvements.

[Added 12-16-2008 by Ord. No. 2022[3]]

[3] Editor's Note: This ordinance also provided that it shall apply to applications filed after 1-1-2009.

§ 99-30 Plans.

[Amended 6-15-1993 by Ord. No. 893; 12-16-2008 by Ord. No. 2022; 3-28-2017 by Ord. No. 2489; 5-17-2022 by Ord. No. 2852; 8-27-2024 by Ord. No. 3038]

Plans, profiles and specifications for the required improvements shall be prepared by the subdivider and submitted for approval by the appropriate public authorities prior to construction. No construction shall commence prior to the issuance of a notice to proceed by the County Engineer or his or her designee for the required improvements. All plans, profiles and specifications approved by the County Engineer or his or her designee with the issuance of a notice to proceed shall remain valid or, if substantial construction is not actively and continuously underway, they shall expire upon the expiration of the final site plan. Prior to the issuance of a notice to proceed, the County Engineer may require the owner and/or his designee to execute an agreement addressing the required improvements. The plans and profiles submitted for all new construction shall include the following:

A. Plans and profiles of each street showing proposed grades and street intersection elevations.

B. A typical cross section of proposed streets showing the width of roadways. Such cross section shall extend laterally to the point where the proposed grade intersects the existing grade, except that in no case shall less than the full width of the street right-of-way be shown.

C. Construction and specification plans of proposed sanitary sewers and storm drains shall be approved by the County Engineer and the State Division of Highways where it has jurisdiction.

D. Construction and specification plans of the proposed water distribution system, showing pipe sizes and the locations of all valves and fire hydrants, shall be in accordance with the county standards.

E. Plans and specifications for any perimeter buffers and perimeter buffer protection areas, if required.

F. Plans and specifications for open space and allowable improvements in open space areas.

G. A bulk grading plan as may be required by Chapter 99.

H. All construction and specification plans shall include an owner's statement acknowledging ownership of the property and agreeing to the requirements and information shown on the plat signed by the owner or owners; an engineer's statement certifying the information shown on the plat; and a statement as required by § 99-26A(17). In addition, a three-by-five-inch block shall be included at the bottom right corner of the plan title sheet containing the agreement number of the project, the ordinance or subdivision number of the project and a signature line for the County Engineer.

I. DelDOT standard construction details may be provided by schedule or by inclusion of the details within the construction and specification plans.

J. Resources and resource buffers.

K. Proposed access easement layout with a note that such access easements are public access easements for maintenance purposes. For purposes of this requirement, "public" shall mean, and be limited to, those parties requiring access for maintenance purposes.

§ 99-31 Inspections; closeout procedures; fees.

[Amended 2-5-2019 by Ord. No. 2629; 8-27-2024 by Ord. No. 3038]

A. Following the issuance of a notice to proceed as required by this article, all construction work on improvements required herein shall be subject to inspection and approval by the County Engineer and/or other authorized individuals during and upon completion of such construction work to confirm that all work has been performed in accordance the requirements of this chapter.

B. Upon the issuance of a notice to proceed as required by this article, the required improvements shall proceed in a timely fashion.

C. Pavement topcoats on all streets and roadways shall be completed in accordance with the following percentages for the project or approved phase:

Certificate of Occupancy Percentage	Top Coat Must be Installed Within (number of years)
40%	5
50%	3
70%	2
90%	1

D. A two-year extension from the requirements of Subsection C above may be granted at the discretion of the County Engineer if the following factors can be demonstrated:

(1) There is active construction occurring in the approved phase. For purposes of this article, "active construction" is defined as a minimum of 5% (rounded up to the next whole number) of the total lots in the approved phase have had a certificate of occupancy issued during the two years prior to the date of the extension request.

(2) A maximum of two, two-year time extensions may be granted per approved phase.

(3) Any two-year extension granted by the County Engineer shall supersede the deadlines set forth in Subsection C above, and the topcoat must be installed by the expiration of the time extension.

(4) Entrance areas that provide the only point of vehicular access for a development are eligible for an extension without satisfying the percentages outlined in Subsection C of this section at the discretion of the County Engineer.

E. Project close-out procedures.

(1) Prior to topcoat surface application, the road must pass a pre-pave inspection and all punch list items required by the County Engineer or his or her designee must be completed. All final topcoat surfaces must pass topcoat inspections and approval by the County Engineer or his or her designee and have completed all items listed on the punch list issued by the County Engineer or his or her designee.

(2) If concrete curb damage is evident as determined by the County Engineer or his or her designee the following repairs are required:

(a) If a vertical crack is less than 1/32 of an inch wide, then the curb is acceptable.

(b) If a vertical crack is more than 1/32 of an inch wide, then the crack must be sawcut and filled with a backer rod and sealant.

(c) If the curb is chipped with a width and/or height two inches or less and less than 1/4 inch deep, then the chip must be patched with a sealant.

(d) If there are more than six chips and/or three vertical cracks or a total of six chips and vertical cracks within a four-foot section of curb, then the curb must be replaced. The four-foot section shall be measured from each chip.

(e) If replacement is required, the curb shall be saw cut and replaced in a minimum of four-foot section and not within four feet of a joint.

(f) As new technology emerges, it may be considered as a method to repair or replace curb. One such example includes milling a section of curb adjacent to the roadway.

(g) The County Engineer or his or her designee may require concrete core samples.

(3) If sidewalk or driveway apron damage is evident as determined by the County Engineer or his or her designee the following repairs are required:

(a) If there is a vertical difference greater than 1/4 inch at a joint, then the sidewalk must be replaced from joint to joint.

(b) If replacement is required, the concrete shall be saw cut and replaced in a minimum of four-foot sections beginning at a joint.

(c) As new technology emerges it may be considered as a method to repair or replace sidewalk. One such example includes grinding a section of sidewalk adjacent to a vertical separation.

(d) The County Engineer or his or her designee may require concrete core samples.

(4) If pavement damage is evident as determined by the Sussex County Engineer and/or other authorized individuals, the damaged area shall be repaired by traditional mill and overlay practices. New technologies may also be considered following consultation with a registered professional engineer and approval of the Sussex County Engineer.

(5) The following tolerances shall apply to the following items at the time of project closeout:

(a) Open cross road pipes: an invert elevation of plus or minus 0.05 foot.

(b) Swales within the right-of-way: an invert elevation of plus or minus 0.10 foot.

(6) All driveway pipes for unfinished lots shown on the approved detailed grading plan shall be installed prior to the topcoat inspection.

(7) For any closed drainage system project closeout inspection, the County Engineer or his or her designee may require the storm drain pipes to be flushed.

(8) Pavement cores:

(a) Curb and gutter: The County Engineer or his or her designee may require pavement cores to be taken at the base course with a minimum of one core per road and/or one core per 500 linear feet.

(b) Open drainage: The County Engineer or his or her designee individual may require pavement cores to be taken at the base course and/or wearing course with a minimum of one core per road and/or one core per 500 linear feet.

(c) Should the cores show the road section to be less than what is required, a geotechnical engineer shall determine if the structural numbers are sufficient or additional pavement is necessary.

(d) The County Engineer or his or her designee may require sidewalk cores to be taken at one core per 500 linear feet.

(9) Upon the satisfaction of all requirements, the owner or his or her designee may apply for a determination of "substantial completion" by the County Engineer. Substantial completion shall confirm that all work has been performed to the extent that it is in a condition to be utilized in the manner required, designed and intended, and any included conditions have been addressed.

(10) If perimeter buffers and perimeter buffer protection areas are required, the Director shall confirm that the requirements of § 99-21.A have been satisfied.

F. Based on the recommendations of the County Engineer, the County Council shall establish a schedule of fees to be paid by the subdivider in order to reimburse the County for the cost of inspecting all construction work on improvements required herein. This schedule of fees shall be adopted as part of the Annual Sussex County Budget.

§ 99-32 Bonds and guaranties.

[Amended 6-15-1993 by Ord. No. 893; 7-29-2008 by Ord. No. 1984; 12-16-2008 by Ord. No. 2022;[1] 1-10-2012 by Ord. No. 2230; 11-19-2013 by Ord. No. 2326; 11-19-2013 by Ord. No. 2325; 3-28-2017 by Ord. No. 2489; 8-27-2024 by Ord. No. 3038]

A. As a condition of approval of improvement plans, the County Council shall require the subdivider to post a performance bond or other guaranty for any improvements required by the application of this chapter in an amount sufficient to construct the improvements and in a form acceptable to the County Attorney. The amount of such bond shall be 125% of the cost of improvements or $50,000, whichever is greater. Bonding and guaranties may be required for street and road improvements, water supply facilities, sanitary sewer facilities, buffers, amenities, recreational facilities and other improvements deemed necessary by the Commission or required by the Subdivision Ordinance. All amenities and/or recreational facilities required by the Commission or shown on the final plat shall be bonded as a separate phase or phase of the subdivision.

B. Where a public agency other than the County has the authority to require performance guaranties, but in the determination of the County Council those guaranties are not adequate to ensure completion of improvements, the County Council may require additional bonds or guaranties in accordance with the provisions of Subsection A of this section.

C. Bonds posted for perimeter buffers and perimeter buffer protection areas as required by § 99-21.A.E. and other improvements deemed necessary by the Commission shall be posted with the Director of Planning and Zoning. All other bonds and guaranties shall be posted with the County Engineer.

D. Notwithstanding the preceding subsections of this section, no performance bond or other guaranty shall be required for improvements required by the application of this chapter upon lands owned by the party seeking to construct the improvements; provided, however, that no lots shall be sold or transferred and no residential building permits or zoning permits shall be issued until: 1) all required improvements are constructed and receive substantial completion; or 2) a bond or guaranty is posted in accordance with Subsections A, B and C of this section; provided, however, that a party seeking to transfer a lot or obtain a residential building permit or zoning permit prior to substantial completion may notify the County in writing of the intention to do so and provide an estimate for the work that remains to construct the improvements using unit prices published by Sussex County. The performance bond or guaranty shall either be 125% of the value of the estimate or $50,000, whichever is greater. The party seeking to transfer lots or obtain a residential building permit or zoning permit shall allow 20 days from the date of written notice to review the estimate, complete the necessary inspections and determine the amount of the performance bond or guaranty required for the remaining improvements.

E. After a performance bond or other guaranty is provided as required herein, a party may not alter the area of an approved phase of the development unless a new performance bond or other guaranty is provided for the new or altered phase. Any such alteration shall be subject to the approval of the Sussex County Engineer or his or her designee.

[1] Editor's Note: This ordinance also provided that it shall apply to applications filed after 1-1-2009.