The City Manager and/or his/her designee or
City representative shall establish appropriate procedures, checklists
and application forms to ensure the timely and proper review and processing
of subdivision plans. The City Manager and/or his/her designee or
City representative shall establish the number and acceptable format
for the various types of plans submitted for review under this article.
There are three phases for the review of a subdivision plan: (1) The
requirements of the concept stage are noted in Subsection A below;
(2) The requirements of the preliminary stage are noted in Subsection
B below; (3) The requirements of the final stage are noted in Subsection
C below.
A.
Applicant's initial procedure; concept plan review;
purpose. The purpose of the concept stage is to provide the Planning
Commission with the opportunity to informally review a development
proposal prior to the substantial commitment of time and expense on
the part of the applicant in preparing a site plan.
(1)
Concept plan submittal. The applicant shall submit to the City Manager and/or his/her designee or City representative a concept plan and an application for review. The steps in the concept plan review are noted in Subsection A(1)(a) through (d) below.
(a)
Within 30 days of receiving the application and concept plan submittal per Subsection A of this section, the City Manager and/or his/her designee or City representative shall review it for completeness.
[1]
If the submission is incomplete, the City Manager
and/or his/her designee or City representative shall notify the applicant
within 30 days, in writing, indicating the deficiencies.
[2]
If the submission is complete, the City Manager
and/or his/her designee or City representative shall accept the application
and concept plan submittal.
(b)
The City Manager and/or his/her designee or
City representative shall refer the concept plan to the appropriate
individuals or agencies for review, comment and/or approval prior
to submitting it to the Planning Commission.
(c)
The applicant shall attend a meeting with the
City Manager and/or his/her designee or City representative. The purpose
of the meeting shall be to provide the City with an opportunity to
address issues or concerns with the concept plan, identify any impact
studies that may be required and provide direction to the applicant
on the scope of such studies.
(d)
Following the meeting describe in Subsection A(1) above, the Planning Commission shall hold one meeting on the concept plan to receive an informational briefing on the plan and anticipated issues and impacts related thereto. The Planning Commission shall take no action to approve or deny a concept plan. Should the Planning Commission determine that the development project represented by the concept plan would have a substantial impact on the physical, economic or social environment, the Planning Commission may hold more than one meeting on the concept plan.
(2)
Notice of meeting. For all concept major subdivision
plans submitted for review under this section, the City Manager and/or
his/her designee or City representative shall:
(a)
Submit written notice to the applicant by first
class mail, such to be postmarked at least seven days before the day
of the Planning Commission meeting to discuss the concept plan.
(b)
Submit written notice to all owners of property
adjoining and immediately across the street from the subject property.
Such written notice shall state the date, time, place and subject
matter of the meeting to discuss the concept plan, and the name of
the applicant. Such notice shall be sent by first class mail and postmarked
not less than seven days before the day of the meeting.
(3)
Purpose of Planning Commission meeting. At its meeting
on the concept plan, the Planning Commission shall:
(a)
Evaluate applicant's submission, presentation,
its discussion with the applicant and comments and reports from the
City staff.
(b)
Review the concept plan with regard to the following:
[1]
General suitability of the site for the type,
size and location of development proposed.
[2]
General suitability of the design with regard
to topography, drainage, soils, natural features and surrounding land
use, recreational lands and streets.
[4]
General adequacy of public facilities and services
impacted by the proposed subdivision.
[5]
Road and sidewalk configuration and circulation.
[6]
Method and suitability of access.
[7]
Type of water and sewerage service and stormwater
management practices.
[8]
Land planning techniques.
[9]
Required studies.
(4)
Contents of concept submittal. The concept plan package
shall meet the requirements as to content and organization as may
be established by the City Manager and/or his/her designee or City
representative and at minimum shall include the following:
(a)
Project concept plan: a scaled drawing showing
the proposed arrangement of lots and rights-of-way on a survey of
the project boundaries. It shall show the project layout, proposed
and existing land uses, open spaces, circulation routes and points
of access to the adjacent street network and main design features.
If phasing is proposed, a master plan for entire project shall be
shown. Drawings shall be 24 inches by 36 inches. The scale will be
no less detailed than one inch equals 100 feet. The plan shall show
adjacent streets and adjacent property owners. A vicinity map at a
scale of no less detailed than one inch equals 1,000 feet shall be
included which shows the location with respect to neighborhood streets.
(b)
Project area schematic: a scaled drawing or
GIS aerial photograph showing the main features of the project in
relationship within the neighborhood. Included in the drawing shall
be existing infrastructure within at least 1,000 feet, including streets,
intersections, water, sanitary sewers and storm drains. The scale
shall be no less detailed than one inch equals 400 feet. Drawings
shall be no larger than 24 inches by 36 inches.
(c)
Site investigation report: The intent of the
site investigation report is to provide readily available information
in a brief narrative format to assist the applicant and the City in
their initial evaluation of the proposed development. The report shall
provide information and data on the physical and environmental characteristics
of the site, the proposed number of lots, uses and utility demands,
anticipated impacts of the proposed development on neighboring properties,
area infrastructure and services, recreational resources and other
public facilities, and compliance with the City of Harrington Comprehensive
Plan. The site investigation report shall follow the format established
by the City Manager and/or his/her designee or City representative,
as may be amended from time to time, and shall address the following:
[1]
Site data summary chart: Tax Map and parcel
number, Planning Commission case numbers and prior approvals, Board
of Adjustments case number and prior approvals, zoning classification,
proposed zoning, allowable density, proposed density, total site area,
flood zone, wetlands (state and federal), number of proposed lots,
number of proposed units and types, availability of utilities, zoning
setback requirements, zoning lot size requirements, maximum building
height allowed by zoning, open space required and proposed, and use
of open space; provide breakdown for each phase or land use as appropriate.
[2]
Land use overview: provide narrative of existing
site conditions and provide legible copy of Kent County soil map with
outline of property sketched on it; describe existing context and
highlight any issues regarding marginal siting conditions, including
topography, hydric soils, existing drainage patterns, standing water,
culverts, ditches, wetlands or sensitive areas.
[3]
City of Harrington Land Use Plan and Design
Standards compliance: provide narrative of designated land use and
how project will be consistent with the Land Use Plan and building
and design standards as appropriate.
[4]
Traffic access overview: provide narrative of
existing roads, lanes, width, material, condition, curb, sidewalk
and off-site improvements needed to accommodate the project. If project
is known to require a DelDOT traffic study, provide summary information
and study schedule.
[5]
Utility demands and services overview: provide
narrative of sanitary sewer, public water, gas, electric, cable and
describe any off-site improvements needed. If privately owned and
maintained facilities or open spaces are proposed, provide sample
covenants clause and describe management structure.
[6]
Stormwater management overview: provide narrative
of types of conveyance and management and a summary of any off-site
improvements needed.
[7]
Construction phasing overview: provide narrative
of time of construction and estimate the number of anticipated zoning
compliance certificates per year.
[Amended 12-15-2008 by Ord. No. 08-07]
[8]
Economic impact: provide narrative of anticipated
construction cost of infrastructure and buildings, fees and dedications;
discuss estimated zoning compliance certificate fees, transfer fees,
impact fees, tax revenues, employment opportunities and tax assessments.
[Amended 12-15-2008 by Ord. No. 08-07]
[9]
Architectural theme: provide illustrations and/or
narrative of overall design concepts.
[10]
Provide narrative of recreational
needs and opportunities.
[11]
Attach ability-to-serve letters:
provide letters from utility providers other than City of Harrington
(power, gas, communications, emergency, fire and ambulance).
[12]
Provide copy of letter of notification
to local school board for residential developments.
(5)
Optional site inspection. Following the applicant's
concept plan submittal and before the Planning Commission meeting,
the Planning Commission may inspect the site of the proposed development.
(a)
Applicants, their site designers and the landowner
are encouraged to accompany the Planning Commission.
(b)
The purpose of the site inspection is to familiarize
the Planning Commission with the property's existing conditions and
special features, to identify area-wide and site design issues and
to provide an informal opportunity to view neighborhood conditions,
potential layout of streets, stormwater management facilities, open
spaces, buildings and other items that may assist in the evaluation
of a submitted concept plan.
(c)
Comments made by the Planning Commission or
City staff or consultants shall be interpreted as being only suggestive
at the site inspection. No formal recommendations or official decisions
shall be made at the site inspection.
(d)
Site inspections shall adhere, to the extent
possible, with standard notice requirements for Planning Commission
meetings.
B.
Submission of preliminary subdivision plan. After
completing the concept stage, the applicant shall submit an application
for preliminary subdivision plan for review.
[Amended 12-15-2008 by Ord. No. 08-07]
(1)
Purpose. The purpose of the preliminary subdivision
review stage is to provide a basis for the Planning Commission to
grant conditional approval of a proposed subdivision in order to minimize
changes and revisions which might otherwise be necessary on the final
subdivision plan.
(2)
Submittal requirements. Preliminary subdivision plans shall meet the submittal requirements of § 370-33A, B, C and D and Subsection B(3) and (4) of this section. They shall be submitted to City Manager and/or his/her designee or City representative. The City Manager and/or his/her designee or City representative shall check the plans for compliance with § 370-33.
(a)
If the submission is incomplete, the City Manager
and/or his/her designee or City representative shall notify the applicant,
in writing, indicating the deficiencies within 30 days of receiving
the application.
(b)
If the submission is complete, the City Manager
and/or his/her designee or City representative shall accept the concept
plan and application for review and submittal to the Planning Commission.
(3)
Report of applicant's engineer. The submittal shall
also include a report from the applicant's engineer. It shall include:
(a)
Suitability of land for subdivision development.
(b)
Flood level.
(c)
Total area within boundaries.
(d)
Total area in lots, number of lots, average
lot size.
(e)
Total area in streets, roads, etc.
(f)
Total area in open spaces provided for public
use, parks, playgrounds and recreational areas.
(g)
Total number of lots and their approximate dimensions,
clearly indicating on the plot that part which it is desired to record
and showing in a distinctive manner, such as light dotted lines, the
ultimate future plans as proposed.
(4)
PLUS comments, if applicable. At or prior to submitting
a preliminary subdivision plan, the applicant shall provide the Department
of Planning and Zoning with the written comments from the Delaware
Office of State Planning Coordination Preliminary Land Use Service
(PLUS), if applicable. A copy of the itemized letter to the Office
of State Planning responding to all PLUS comments shall be provided.
(5)
Planning Commission's examination. The Planning Commission
shall examine the proposed subdivision with respect to the arrangement
of lots, rights-of-way, traffic and vehicular/pedestrian circulation
patterns and safety (internal and external), utilities, drainage,
community facilities (existing or proposed), surrounding development
(existing or future), the preservation of trees and historic sites,
protection of natural environmental features and processes, provision
for open space, streetlighting, recreational needs, safety of residents
and neighbors, landscaping, architecture, compatibility with City
of Harrington building site and design standards, compatibility with
the design standards of this chapter and as set forth in the City
of Harrington Design and Construction Standards and appropriate use
of land.
(6)
Planning Commission action. The Planning Commission
shall take action to approve, approve with conditions, disapprove
or table pending further investigation and/or the receipt of certain
additional information. The Planning Commission shall take no action
until the following has occurred:
(a)
The City Manager and/or his/her designee or
City representative has accepted as complete the subdivision plan
and the report of the applicant's engineer.
(b)
The City Manager and/or his/her designee or
City representative has submitted findings in writing to the Planning
Commission.
(d)
The applicant has submitted any impact studies
that may be required and which have been reviewed by from the City
Manager and/or his/her designee or City representative, City Engineer
or other appropriate City official.
(e)
Comments from appropriate agencies and individuals
have been requested and sufficient time has been provided for such
agencies and individuals to provide comments.
(7)
Action within three meetings. Where a quorum is present,
the Planning Commission shall take action within three regularly scheduled
meetings following acceptance of the application. The Planning Commission
shall furnish a written statement to the applicant and City Council
indicating the action taken.
(8)
Action by City Council. Following a decision on the
application by the Planning Commission, the application shall be forwarded
to the City Council for certification of the Planning Commission's
action. At its discretion, the City Council may hold an additional
public hearing on the application. The City Council shall take action
to approve, approve with conditions, disapprove, and revert back to
the Planning Commission with reasons or table pending further investigation
and/or the receipt of certain additional information.
(9)
Preliminary approval is not final approval. Approval
of the preliminary subdivision plan shall constitute conditional approval
as to character and intensity, but shall not constitute approval of
the final plan or authorize sale of lots or construction of buildings.
(10)
Plan compliance. The preliminary subdivision
plan and all information and procedures relating thereto shall in
all respects comply with these regulations, except where variations
therefrom have been specifically authorized in writing by the Planning
Commission and the City Council.
(11)
Zoning district classification. If an application
involves a request for a change in zoning district classification,
the Planning Commission may not undertake, until rezoning is determined,
formal consideration of the preliminary subdivision plan.
C.
Submission of final plan and application. The purpose
of final approval is to confirm and certify that all conditions of
preliminary approval have been met, to prepare and/or execute all
necessary agreements and to otherwise finalize the subdivision plan
and related engineering drawings for official recordation and development.
Final subdivision approval is an administrative action, with the exception
that the City Council shall confirm the certification of the City
Manager and/or his/her designee or City representative and approve
the subdivision and/or public works agreement.
(1)
After the City Council's approval of a preliminary
subdivision plan, the applicant shall prepare and the City shall review
a final subdivision plan meeting the submittal requirements of the
City of Harrington Design and Construction Standards.
(2)
In addition to meeting the technical requirements of the City of Harrington Design and Construction Standards and § 370-33, Contents of final subdivision plan, the final subdivision submittal shall include:
(a)
A drawing intended for record, incorporating
those changes or additions required by the City Council in its approval
of the preliminary subdivision plan.
(c)
Reports of the applicant's engineer and estimates
of costs.
(d)
Any required impact studies.
(e)
Information required for the preparation of
a legal description to the streets and other areas to be dedicated
to public use.
(f)
If any applicant is a partnership, the name
and address of each individual composing the partnership, including
all limited partners.
(g)
If any applicant is a corporation, the name
and address of each stockholder owning more than 10% of the stock
of the corporation, the name and address of each office holder and
the name and address of each member of the board of directors or other
governing body.
(3)
Conference with City officials. Upon request, the
applicant shall meet with the City Manager and/or his/her designee
or City representative and City Engineer regarding the applicant's
preparation of:
(4)
From the City Engineer. Per § 370-43, the City Engineer shall submit to the City Manager and/or his/her designee or City representative a report to inform the City Manager and/or his/her designee or City representative of findings and recommendations regarding the complete subdivision application and the improvement construction plans, including such comments as he/she may deem appropriate.
(5)
From the City Manager or City representative. The
City Manager and/or his/her designee or City representative shall
certify that the complete subdivision application and related plans
comply with all requirements of the subdivision regulations. Deviations,
if any, from subdivision regulations shall be noted and qualified.
If specified conditions or stipulations of the preliminary approval
are not met in revised plans, the City Manager and/or his/her designee
or City representative shall return the subdivision plan to the applicant.
(7)
City Manager or City representative to submit plans
to City Council. The City Manager and/or his/her designee or City
representative shall submit the completed final subdivision plan application
to the City Council upon certifying that each of following steps is
completed:
(a)
All review and approvals have been completed
and documentation of such approvals provided.
(b)
Improvement construction plans have been submitted
to the City and approved by the City Engineer.
(c)
A subdivision and/or public works agreement
has been prepared and is pending consideration by the City Council.
Said agreement shall be executed and acknowledged by the applicant
and all persons having any interest in the title to the subdivision
and shall, by its terms, constitute a covenant running with the land
and be binding upon the persons signing the agreement and their successors
and assigns.
(8)
City Council action. The City Council shall approve,
approve with conditions, deny or table the subdivision and/or public
works agreement. Upon approval of the subdivision and/or public works
agreement, the City Council shall review the submission by the City
Manager and/or his/her designee or City representative and confirm
the City Manager's and/or his/her designee's or City representative's
certification.
(9)
Written notification of action. The City Manager and/or
his/her designee or City representative shall promptly notify, in
writing, the applicant of the action taken by the City Council, with
copies to the City Engineer and the City.
(10)
Plan to designate part to be recorded. The final
approved subdivision plan shall show distinctly the part to be recorded,
certified by the applicant, the applicant's engineer, the City Engineer
and the City Manager and/or his/her designee or City representative.
(a)
The required wording for certification of the
applicant, the applicant's engineer, and the City Engineer is noted
in the City of Harrington Design and Construction Standards.
(11)
Entrance permits. The City Manager and/or his/her
designee or City representative shall not certify the completion of
the final subdivision plans unless an entrance approval plan, if required
by the Department of Highways and Transportation of the State of Delaware,
is received by the developer and made a part of the subdivision application.
D.
Subdivisions developed and recorded in sections.
(1)
Improvement plan and cost estimates limited to sections to be recorded. If the subdivision is to be developed and recorded in sections, the applicant shall prepare the items in Subsection C(3)(a), (b), (c) and (d) only for the section or sections presently to be recorded, except as noted in Subsection D(6) below.
(2)
Overall land dedication and improvements may be required. If the subdivision is to be developed and recorded in sections, the Planning Commission and City Council may still require that the applicant dedicate and/or improve some portion of land intended for the use of the entire planned subdivision and make such dedication and/or improvement or some subset of such dedication and/or improvement accessible and usable when the first or any proceeding section thereof is to be recorded. In such a case, this issue shall be addressed in the subdivision and/or public works agreement and the items in Subsection C(3)(a), (b), (c) and (d) shall be addressed as appropriate. It shall be the purpose of this provision to ensure that new residents of a subdivision receive, within a reasonable time, the benefits of planned dedications and/or improvements.
(3)
If the subdivision is to be developed and recorded
in sections, the certification of the City Manager and/or his/her
designee or City representative, if favorable, shall be in two parts
as follows:
(4)
Preliminary approval a prerequisite. Approval by the
City Council of a preliminary subdivision plan in its entirety shall
be a prerequisite to the certification of final site plan approval
and execution of a subdivision and/or public works agreement regarding
a section or sections to be recorded. Such preliminary approval of
a subdivision plan shall impose no obligation on approved deferred
sections.
(5)
Supplemental application considered on merits. Each supplemental application for a deferred section will be considered on its merits after the foregoing items in Subsection C(3)(a), (b), (c) and (d) have been presented for a review by the City Manager and/or his/her designee or City representative, City Engineer and Planning Commission. Preliminary approval in all cases shall be subject to the five-year limitation provided in the succeeding subsection.
(6)
Supplemental application for deferred sections. A supplemental application, in a form to be prescribed by City Manager and/or his/her designee or City representative, shall be submitted by the applicant as each deferred section, in turn, is proposed for recording. The procedure for handling a sectional supplemental application, if presented within five years following the date of the preliminary approval of the subdivision plan, shall be the same as for an original subdivision application, to begin, however, with conferences with the City Manager and/or his/her designee or City representative and City Engineer according to the foregoing Subsection C(3) instead of processing the application from beginning. If a lapse of more than five years shall occur, the Planning Commission, at its discretion, may reconsider the unrecorded section or sections of a subdivision plan and require such alterations, changes or modification therein as it may deem appropriate.
E.
Completion guarantee required. As a condition of approval
of improvement construction plans, the applicant shall post a completion
guaranty for any improvements required by the application of this
chapter, in a form acceptable to the City Solicitor. Where a public
agency other than the City Council has the authority to require completion
guaranties, but in the determination of the City Council those guaranties
are not adequate to ensure completion of improvements, the City Council
may require additional guaranties in accordance with this subsection.
F.
Certification. The City Manager and/or his/her designee
or City representative shall certify final approval on the final subdivision
plan, which shows distinctively the part to be recorded. Two copies
of the signed and approved plan shall be transmitted to the City Manager
and/or his/her designee or City representative for incorporation in
the agreement with the developer; the other signed and approved copy
shall be retained by the City for its records. The City Manager and/or
his/her designee or City representative shall sign the required certification
or certifications, as the case may be; certification to be according
to the following:
(1)
For a subdivision plan approved by the City Council,
to be recorded and developed in its entirety:
|
"It hereby is certified that this subdivision
plan was granted final approval by the City Council of the City of
Harrington, Delaware, on __________, and accordingly is eligible for
recording in the office of the Recorder of Deeds for Kent County,
Delaware.
| |
|
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City Manager or City representative"
|
(2)
For a subdivision plan approved to be recorded and
developed in sections, certification on separate plans as follows:
(a)
On a subdivision plan for entire development
granted preliminary approval by the City Council:
|
"It hereby is certified that this subdivision
plan was granted preliminary approval valid for five years by the
City Council of the City of Harrington, Delaware, on __________, subject
to presentation to the Planning Commission of successive sections
thereof to be considered for final approval. Only such sections hereof
as may be granted specific City Council final approval and so certified
by the City Manager or City representative shall be eligible for recording
in the office of the Recorder of Deeds for Kent County, Delaware.
| |
|
| |
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City Manager or City representative"
|
(b)
On a subdivision plan distinctively showing
the section or sections thereof approved by the Planning Commission
to be recorded and developed:
|
"It hereby is certified that the section or
sections of this subdivision plan distinctively shown hereon as the
part to be recorded were granted final approval by the City Council
of City of Harrington, Delaware, on __________, and, accordingly,
the section or sections so shown are eligible for recording in the
office of the Recorder of Deeds for Kent County, Delaware.
| |
|
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City Manager or City representative"
|
G.
Standard conditions of final approval. Final approval
of each subdivision application shall be subject to the following
standard conditions:
(1)
Performance of construction improvement program. Performance
shall be in strict accordance with approved plans and specific actions
complete in every respect. If any less than the completed section
shall be constructed by the developer, that part shall be completed
in that it will connect one existing street to another and that both
intersections shall be completed. No dead-end street shall be acceptable
unless designed under the classification of "cul-de-sac." All work
started shall be completed within two years or approved extension
thereof by resolution of the City Council on recommendations of the
City Engineer and City Manager and/or his/her designee or City representative.
(2)
Release of liens. Within 90 days after completion
of the construction improvement program for such section or subsection,
of a release of liens with respect to the construction improvement
program shall be submitted.
(3)
Insurance. Certification of general liability insurance
with a minimum of $1,000,000 per occurrence, providing full protection
of the City, its officials and employees against all damages or claims
for damages occurring directly or indirectly by reason of the construction
improvement program, shall be filed with the City Manager and/or his/her
designee or City representative before commencement of any work related
to the subdivision application.
(4)
Recordation. The developer shall record in the office of the Recorder of Deeds for Kent County, at his/her expense, the final subdivision plan, bearing the certification set forth in the foregoing Subsection G, and provide proof of the recordation to the Department of Planning and Zoning within 90 days following the Planning Commission's approval.
(5)
Conveyance in fee simple. A deed conveying fee simple
land to the City of Harrington of all sewers, streets, roads, parklands
and other areas dedicated to public use within the section or subsection
shall be executed and delivered to the City within 90 days after complete
performance of the construction improvement program for such section
or subsection.
(6)
Guarantee of improvements. The developer shall warrant
all improvements for a period of one year after complete performance
of the construction improvement program, and the City shall hold 10%
of any surety paid until this one-year period is elapsed.
(7)
Work completed in compliance. Work, grading, excavation,
construction, erection or building shall be commenced or done within
the subdivision only, pursuant to final approval; in full compliance
with all of the conditions of such approval; after execution of the
necessary agreements and approval of all plans required under the
subdivision regulations; in full compliance with the subdivision regulations,
applicable building code provisions, the applicable zoning code provisions
and all other applicable ordinances of the City of Harrington and
Kent County, and the laws of the State of Delaware; and after issuance
of all applicable permits which shall be in effect.
H.
Compliance with conditions of approval. Upon receiving
notice that the City approved the final subdivision plan, the applicant,
now referred to as "developer," shall confer with the City regarding
compliance with conditions of approval and, in turn, regarding all
construction procedures and reports until final acceptance by the
City Council of the completed construction improvements and formal
release by the City Council of the developer's completion guaranty.
I.
Planning Commission approval of modification to approved
plan. If the developer wishes to alter the final subdivision plan
after final approval and before any lot or unit in said subdivision
is sold, leased or the subject of a contract of sale or lease, to
change the location or size of any utility line, to create additional
lots, to change the location of any lot without increasing the number
of lots within the subdivision or to change the location of lot lines
because of excessive topography or similar type of development problem,
the developer must obtain the approval of the Planning Commission,
but no public hearing shall be required to be held so long as the
intent of the original subdivision, as determined by the Planning
Commission, is not substantially changed; provided, however, that
in making such alterations, no lot or tract of land shall be smaller
than the minimum dimensions required by the ordinances of the City
of Harrington, for the district in which the subdivision is located
or for the use which is to be made of the land, all easements reserved
for utilities and drainage are preserved without change and no lot
is created which does not abut a street. In the case of an alteration,
as described herein, the developer shall develop a subdivision plan
and submit said plan for the approval of the Planning Commission,
and such plan shall be recorded as a revised final plan of the subdivision
with the approval of the Planning Commission noted thereon.
The City Engineer shall submit two reports to
the Planning Commission. The first report shall be provided before
the Planning Commission takes action on the preliminary subdivision
plan. The second report shall be provided before the Planning Commission
takes action on the final subdivision plan. The second report shall
address the improvement construction plan as well as the final subdivision
plan. The reports shall include, where appropriate:
A.
A review, with comments, of the plan and improvement
construction reports of the applicant's engineer.
B.
The availability of utilities.
C.
A statement regarding through streets and connections
thereof with existing or probable future streets or adjoining properties.
D.
Endorsement or comment on suitability of land for
proposed purpose.
E.
Verification or adjustment of approximate estimates
of costs of items to be borne in whole or in part by the City.
F.
Verification of improvement construction costs, which
are to be used for determining the face amount of the completion guaranty.
G.
Certification that the subdivision plan and improvement
construction plan are complete and in full accordance with City of
Harrington Design and Construction Standards. Deviations, if any,
from the standards and specifications shall be noted and qualified.
A.
Impact studies to be submitted. As provided for in
the City of Harrington Design and Construction Standards, impact studies
may be required and shall be submitted with the preliminary subdivision
plan or administrative review plan as may be appropriate.[1]
B.
Planning Commission considerations. The City Planning
Commission shall review impact studies as part of its plan review
procedures to determine the nature and extent of off-site impacts
of the proposed development.
C.
City review and approval. If impact studies are determined
to be required, no preliminary subdivision plan shall be submitted
to the Planning Commission for action prior to the studies being completed
to the satisfaction of the City Manager and/or his/her designee or
City representative, City Engineer or other appropriate City official.
Applications for minor subdivisions of three
lots or fewer shall be submitted to the City Manager and/or his/her
designee or City representative and reviewed administratively as provided
for in ordinances of the City of Harrington.
A.
Administration and enforcement.
(1)
City Manager or City representative to administer
and enforce. Approved applications and plans will be referred to the
City Manager and/or his/her designee or City representative for complete
administration and enforcement.
(2)
Authority to approve minor alterations. The City Manager
and/or his/her designee or City representative and the City Engineer
shall have authority to approve minor alterations of construction
details as field conditions may require. They shall have no authority
to approve changes in boundaries of streets and other areas to which
title has been transferred or for which agreement has been made to
transfer to the City.
B.
Recording of deed to streets and other public areas.
The City Manager and/or his/her designee or City representative shall
arrange with the City Solicitor for a search of title and recording
in the office of the Recorder of Deeds for Kent County of a deed conveying
title, free of all encumbrances and liens to property transferred
by deed to the City of Harrington.
A.
Role of City Manager or City representative. The City
Manager and/or his/her designee or City representative, upon execution
of the agreement, filing of the required surety guaranty bond and
the transfer of title to the City of Harrington of the streets and
other areas to be dedicated to public use, shall arrange with the
City Solicitor for preparation and presentation to the City Council
of an appropriate ordinance or resolution:
B.
Initial zoning compliance certificate and occupancy.
The City Manager and/or his/her designee or City representative shall
determine when an applicant has complied with subdivision requirements
and is eligible to obtain an initial zoning compliance certificate
for construction within a subdivision.
[Amended 12-15-2008 by Ord. No. 08-07]
Final action by the City Council will be a resolution:
B.
Accepting the construction improvements.
C.
Releasing the developer's completion guaranty. Such
final action will be taken by the City Council upon certification
to it by the City Manager and City Solicitor in their respective areas
of responsibility.
D.
Providing that construction improvements are complete
and ready for use according to approved plans and specifications.
E.
Providing that all terms and conditions of the agreement,
including submission of a satisfactory release of liens, have been
met to its satisfaction.
[Added 10-2-2017 by Ord.
No. 17-12[1]]
A.
Preliminary subdivision plan. The Planning Commission's preliminary
subdivision plan approval shall become null and void unless the application
for final subdivision plan approval for the proposed development is
received by the City within three years from the date of the Planning
Commission approval. The Planning Commission may for good cause grant
one eighteen-month extension.
B.
Final subdivision plan. The Planning Commission's final subdivision
plan approval shall become null and void unless a zoning compliance
certificate has been issued for the proposed development within three
years from the date of the Planning Commission approval. The Planning
Commission may for good cause grant one eighteen-month extension.
