This chapter shall be known and may be cited
as the "City of Harrington Subdivision Ordinance."
The purpose of this chapter is to assure that
sites are suitable for all development purposes, including residential,
commercial, industrial, institutional and recreational, to assure
that these sites are properly prepared for human habitation and to
provide for the harmonious development of the City, for the coordination
of existing streets with proposed streets, parks or other features
of the City plan of streets and alleys, for adequate open spaces for
traffic, recreation, light and air and for proper distribution of
population, thereby creating conditions favorable to the health, safety
and general welfare of the City of Harrington.
This chapter shall apply to any lot or lots,
tract or parcel of land created before or after the effective date
of this chapter. Where existing provisions or other laws or ordinances
are inconsistent or in conflict with the provisions of this chapter,
the provisions of this chapter shall have precedence. It is not intended
by this chapter to impair or interfere with private restrictions placed
upon property by deed or covenants running with the land. Where this
chapter imposes a greater restriction upon land than is imposed or
required by such existing provisions or law, ordinances, contract
or deed, the provisions of this chapter shall have precedence. The
provisions of this chapter will be followed as a prerequisite to be
fulfilled before final approval is given to the annexation of an area
to the incorporated limits of the City of Harrington.
"Subdivision" is the division of a tract or
parcel of land into two or more lots or parcels of land for the purpose
of transfer of ownership or leasehold, building development or, if
a new street is involved, any division of a tract or parcel of land.
The term includes resubdivision and, when appropriate to the context,
shall relate to the process of subdivision or to the land subdivided.
Any tract, parcel or lot of land which is intended
to be or is or has been subject to any of the actions described herein
shall be considered to be a subdivision within the meaning of this
chapter.
A.
No tract, parcel or lot of land shall be divided,
redivided, subdivided or resubdivided by recorded plot, separation
of ownership or lease into two or more tracts, parcels or lots except
in strict accordance with all provisions of this chapter and the regulations
adopted hereunder. The requirements for subdivision approval as stated
herein shall not apply to those subdivisions or resubdivisions which
constitute minor subdivisions and which, in the opinion of the City
Manager and/or his/her designee or City representative, involve only
the relocation of lot lines. The City Manager and/or his/her designee
or City representative is authorized to approve such subdivisions
or resubdivisions, upon the submission of a licensed surveyor's plot,
and upon a determination by the City Manager and/or his/her designee
or City representative that all applicable zoning requirements have
been met.
B.
No tract, parcel or lot of land shall developed, and
no construction shall be undertaken thereon, directed toward the occupancy
of such land or the occupancy of any building, structure or structures
thereon, or on any parcel thereof, by more than one family or by more
than one business, professional, personal service or industrial establishment,
except in strict accordance with the provision of this chapter and
the regulations adopted hereunder.
C.
Notwithstanding any other section in this chapter
to the contrary, no lot or part of a major subdivision shall be transferred
or sold by the developer or possession granted by the developer to
any third party prior to completion of the construction improvement
program required pursuant to this chapter and acceptance by the City;
provided, however, that lots or parts of a major subdivision may be
transferred or sold, or possession granted, prior to completion of
improvements, provided that the developer has provided an adequate
completion guaranty to ensure that all improvements will be made,
pursuant to the terms of this chapter.
[Amended 12-15-2008 by Ord. No. 08-07]
No certificate to erect, alter or repair any
building upon land in a subdivision may be issued and no building
may be erected in a subdivision unless and until final acceptance
of a subdivision has occurred and the required agreement has been
executed.
No work, grading, excavation, construction,
erection or building shall be commenced or done within any subdivision
except in strict accordance with the provisions in this chapter and
regulations adopted hereunder and pursuant to any approved subdivision
plan and the required agreement, provided that this section shall
not prevent the making of test borings or engineering surveys.
Upon application and upon a showing that there has been full compliance with this chapter, Chapter 440, Zoning, and all other applicable ordinances of the City of Harrington and the laws of the State of Delaware, the City Manager or City representative of the City of Harrington, or his or her assigned agent, shall issue a certificate of occupancy to the developer for any dwelling house or building.
A.
No dwelling house, building or structure located in
any subdivision shall be occupied or used, wholly or partially, until
a certificate of occupancy shall have been issued therefor.
B.
No land on which any dwelling house, building or structure
is located which is within a subdivision shall be conveyed, and no
possession of such land or dwelling house, building or structure thereon
shall be transferred, until a certificate of occupancy shall have
been issued.
When an application is filed with the Planning
Commission for the subdivision of a lot, parcel or tract of land and,
upon examination by the Planning Commission, it is shown by a report
of the City Engineer and/or City Manager and/or his/her designee or
City representative that all sewer, water, drainage and street improvement
requirements under this chapter have previously been accomplished,
the Planning Commission may designate the lot, piece or parcel in
question as a subdivision and so notify the applicant. The notification
of the action of the Planning Commission will include instructions
to the applicant to submit a licensed surveyor's plot of the subdivision.
The Planning Commission will examine the surveyor's plot and, upon
acceptance, will have a certificate of completion issued.
The City Council shall adopt standard specifications
and details to carry out the intent and purpose of this chapter, including
but not limited to regulations concerning design standards for streets,
sidewalks, curbs, gutters, driveways, water lines, sanitary sewers
and storm sewers, stormwater management and culverts. Such regulations
shall be prepared by the City Engineer and shall be approved by the
City Council of the City of Harrington and, when approved, shall have
the full force and effect as provisions of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction, be subject
to a fine of not less than $25 nor more than $200 and imprisonment
for a term of not less than 10 days nor more than 30 days for the
first such conviction. For a second or subsequent conviction, any
person, firm or corporation shall, upon conviction, be subject to
a fine of not less than $50 nor more than $500 and imprisonment for
a term of not less than 20 days nor more than 60 days for each such
conviction. Each day that a violation of any of the provisions of
this chapter continues shall be deemed and taken to be a separate
and distinct violation.
