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.
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.
(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.
[Amended 6-15-1993 by Ord. No. 893; 12-16-2008 by Ord. No. 2022; 3-28-2017 by Ord. No. 2489]
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 forested
buffer strips, if required.
F.
Plans and specifications for open space
and allowable improvements in open space areas.
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.
[Added 5-17-2022 by Ord. No. 2852]
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.
[Added 5-17-2022 by Ord. No. 2852]
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.
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:
[Amended 2-5-2019 by Ord. No. 2629]
(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.
(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.
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.
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.
[Amended 6-15-1993 by Ord. No. 893; 7-29-2008 by Ord. No.
1984; 12-16-2008 by Ord. No. 2022; 11-19-2013 by Ord. No. 2326; 3-28-2017 by Ord. No. 2489]
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 to insure the completion of
requirements for open space and forested buffers 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.
[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.
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.
[Added 1-10-2012 by Ord. No. 2230; amended 11-19-2013 by Ord. No.
2325; 3-28-2017 by Ord. No. 2489]
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.
[Added 3-28-2017 by Ord. No. 2489]