Town of Selbyville, DE Subdivision of Land

The subdivision shall become void unless the developer/owner shall have commenced within one year from the date of final approval by the Mayor and Town Council.

The construction and improvement program provided in this chapter shall be completed within two years of final approval by the Mayor and Council.

APPLICATION FEE, SUBDIVISION

The developer/owner may apply for an extension thereof by approved resolution of the Mayor and Town Council, which resolution shall be granted if the construction and improvement program is in progress and there has been no cessation or interruption for a period of one year. If there has been cessation or interruption for a period of greater than one year, the subdivision shall become void.

§ 160-3 Definitions.

The following definitions shall be applicable unless the context indicates otherwise. Words used in the singular include the plural, and words in the plural include the singular; the word "building" includes the word "structure"; "street" includes "roads and lands"; and the word "watercourse" includes "drain," "ditch" and "stream."

A nonrefundable fee to be paid by an applicant for approval of a land subdivision plot at the time of submission of a tentative plot plan.

APPROVAL, PRELIMINARY

That approval by the Planning Commission or Mayor and Council of the tentative plot plan, after submission to the Planning Commission of the report of Town Engineer, report of the applicant's engineer and tentative plot plan and after necessary action by the Planning Commission. Preliminary approval is a prerequisite as authorization to proceed with development of the subdivision plot plan and improvement construction plans for any section to be recorded.

BUILDING SETBACK LINE

A line within a lot or property and the right-of-way line of the street on which the lot abuts between which the erection of a building is prohibited.

CERTIFICATE OF COMPLETION

Certification to the developer that all provisions of the subdivision regulations and other applicable codes of the Town of Selbyville have been fulfilled as required.

CERTIFICATE OF OCCUPANCY

Certification by the Town of Selbyville that there has been full compliance by the developer with the subdivision regulations and all other applicable ordinances of the Town of Selbyville, and lots and/or dwelling houses, buildings or structures located upon a lot my be conveyed by the developer and/or occupied by the grantee.

COMBINING OF LOTS

Any combination of lots.

COMPLETION GUARANTY

A bond or deposit of funds or securities in escrow, payable to the Town of Selbyville in an amount of 125% of required improvements, as estimated by the Town Engineer in conjunction with any other authorized representative of the town and conditioned by their satisfactory completion within the time specified in the construction permit or an approved extension thereof.

DEVELOPER

An individual, group of individuals or corporation having intent to subdivide a lot, piece or parcel of land for the purpose of transfer of ownership or leasehold or building development. In the case of lots, pieces or parcels of a land not located within the corporate limits of Selbyville, and when such are to become a part of the corporate limits of Selbyville, as provided in the statutes of the State of Delaware, the developer shall be the individual, group of individuals or corporation designated by the majority of the owners of the said lots, pieces or parcels of land, as recorded in the office of the Recorder of Deeds in and for Sussex County.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation for stormwater sewers or drainage ditches, or required along a natural watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

EASEMENT

A grant by a property owner to the city, the public, a corporation or a person or persons of a right to the use of a strip of land.

ENGINEER OF THE TOWN OF SELBYVILLE

A qualified employee of the Town of Selbyville, so designated by the Mayor and Council of the Town of Selbyville, or a professional engineer registered by the Delaware State Board of Registration for Professional Engineers and Land Surveyors appointed by the Mayor and Council; also referred to as "Consulting Engineer" or "Town Engineer."

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Mayor and Council for final approval in accordance with these regulations, and which if approved shall be filed with the Office of the Recorder of Deeds, in and for Sussex County.

HIGHWAY SPECIFICATION

Specification for highway improvements of the Town of Selbyville or standard specification of the Highway Department of the State of Delaware.

IMPROVEMENT

Grading, paving, curbing, streetlights, street signs, fire hydrants, water mains, sanitary sewers and other street improvements, including, where specified by the Mayor and Council, sidewalks, crosswalks and off-street parking paving.

IMPROVEMENT CONSTRUCTION PERMIT

A permit authorizing improvement to be constructed in accordance with the terms and conditions of approved construction plans and specifications.

LEGAL REPRESENTATIVE

A member in good standing of the Delaware Bar.

LOTS

A parcel of land or assemblage of recorded contiguous parcels of land, or a parcel or portion of land separated from other parcels or portions by descriptions as on a subdivision or recorded survey map or by metes and bounds for the purposes of sale lease, or separate use; which parcel of portion of land has its principal frontage on a public street or a private street of record; said private street must provide access to an accepted public street.

MAJOR SUBDIVISION

All subdivisions not classified as partitionings or minor subdivisions.

MASTER PLANS

A composite of the mapped and written proposals recommending the physical development of the town once they shall have been duly adopted by the Mayor and Council pursuant to Chapter 7, Title 22, Delaware Code.

MINOR SUBDIVISION

Any subdivision fronting on an existing state, county or municipal street, not involving any new street or road or the extension of any town or county facilities or does not directly affect drainage on a road, and not adversely affecting the development of the remainder of the parcel or adjoining property.

OFFICIAL MAP

A map adopted pursuant to Chapter 7, Title 22, Delaware Code. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage right-of-way shown thereon.

OWNER

Any individual, firm, association, partnership, syndicate copartnership, estate, trust, corporation or any other group or combination acting as a unit, being holder of recorded title to the land sought to be subdivided commencing and maintaining proceedings to subdivide the same under this chapter.

PARTITIONING

Any subdivision containing not more than two lots fronting on an existing state, county or municipal street, not involving any new street or road or the extension of town or Sussex County facilities and not adversely affecting the development of the remainder of the parcel or adjoining property.

PERFORMANCE GUARANTY

Any security which may be accepted in lieu of a requirement that certain improvements be made before the Mayor and Council or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.

PLAN, AS-BUILT

A plan prepared by a registered engineer showing the actual location of all streets, curbs, sidewalks, water lines, sewer lines, laterals, storm sewers and the like.

PLAN, IMPROVEMENT CONSTRUCTION

A plan prepared by a registered engineer showing the construction details of a proposed improvement in accordance with an approved subdivision plan.

PLANNING AND ZONING COMMISSION

The Planning and Zoning Commission of the Town of Selbyville as established by the Zoning Ordinance of the Town of Selbyville.

SANITARY SEPTIC SEWER SPECIFICATIONS

PLAN OF STREETS

The town's plan of streets and alleys, including those which have been or may be laid out but not opened.

PLAN, SUBDIVISION

A properly certified plan, prepared by a registered land surveyor, showing lot lines and areas, deed restrictions, easements, right-of-way lines and other information pertaining to the lots and the street on which the lots abut in a proposed subdivision for recording in the office of the Recorder of Deeds in and for Sussex County.

PLAT

The map of a subdivision.

RIGHT-OF-WAY

The dedicated width of street, alley, accessway or crosswalk.

Sanitary sewer specifications of the Town of Selbyville, Sussex County and the State of Delaware.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §§ 160-4 through 160-7 of this chapter.

STREET

Any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county or town roadway, or a street or way shown upon a plat. For the purpose of this chapter, streets shall be classified as follows:

Arterial streets are those which are used primarily for fast or heavy traffic.

Collector streets are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development.

Minor streets are those which are used primarily for access to the abutting properties.

Marginal access streets are minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

Alleys or driveways or aisles are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Major thoroughfares are streets or highways so designated on the Major Thoroughfare Plan of the State of Delaware.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership or corporation, trust or any other legal entity commencing proceedings under the chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; if a new street is involved, any division of a parcel of land. Subdivision also includes resubdivision, and where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.

SURETY GUARANTY BOND

An approved surety guaranty bond (or a deposit of funds or securities in escrow), the face amount of which bond or escrow account to be payable to the Town of Selbyville for 125% of the estimated cost of the proposed construction of improvements.

WATER MAIN SPECIFICATION

Water main specification of the town, Sussex County and the State of Delaware.

WETLANDS

A private or state wetland as defined by the Delaware Department of Natural Resources and Environmental Control regulations and maps as promulgated pursuant to Chapter 66, Title 7, of the Delaware Code, as the chapter appears upon the date of the adoption of this chapter.

Editor's Note: See Ch. 200, Zoning.

§ 160-4 Procedures for approval of subdivision of land.

The owner of any lands within the Town of Selbyville shall apply for and obtain the approval of the Mayor and Council, in accordance with the following, before subdividing or resubdividing any land within the Town of Selbyville.

Classification of activity desired.

The owner of land within the Town of Selbyville may submit to the Planning and Zoning Commission a sketch plat of a subdivision, for the purposes of discussion and classification in accordance with § 160-5, 160-6 or 160-7 of this chapter as found applicable by said Planning and Zoning Commission. Where applicable, the owner or subdivider shall present documented evidence that all lot owners within the subdivision are aware of the proposed alterations or additions and have no objections.

Such sketch plat should be submitted to the Code Enforcement Official (CEO) two weeks before the next regular meeting of the Planning and Zoning Commission.

Such sketch plat may be drawn by the applicant, but due care should be taken that all information shown thereon is accurate.

The Planning and Zoning Commission, or its designee, shall return the sketch plat, noting thereof any additional information needed, to the land owner with the applicable application forms within a week of receipt.

§ 160-5 Partitioning; combining.

[Amended 8-5-1996 by Ord. No. 90-1; 11-3-2003]

Application for approval of a partitioning or combining, as defined by this chapter and/or as classified by the Mayor and Council, shall be made in triplicate on a form supplied by the Mayor and Council, together with three copies of a map, prepared by and attested by a licensed surveyor, showing the property to be divided or combined, and showing the entire frontage, to the Town Clerk of the Town for acceptance of fees and recording prior to forwarding by the Town Clerk to the Planning and Zoning Commission.

The application shall be accompanied by a fee in the amount specified in Schedule of Fees, § 160-11 of this chapter.

When required by the Planning and Zoning Commission, the applicant shall submit one copy of a map showing his entire property.

Application for approval of a partitioning or combining which subdivides land in any business, commercial or industrial zone as defined and designated by Chapter 200, Zoning, shall be referred to the Planning and Zoning Commission for their review and authorization of approval.

Partitioning or combining applications which are found to meet all the requirements of this chapter and Chapter 200, Zoning, shall be approved by the Mayor and Council.

The Planning and Zoning Commission shall make a report of all partitioning or combining at each regular meeting of the Mayor and Council of Selbyville, and a copy of this report shall be sent to the Town Clerk of the Mayor and Council of the Town of Selbyville.

One copy of all partitionings or combinings shall be kept on file by the Mayor and Council.

A print copy of the plat plan of the partitioning or combining in a form acceptable to the Recorder of Deeds of Sussex County as approved by the Mayor and Council shall be filed by the owner with the Office of the Recorder of Deeds, in and for Sussex County, within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire and shall be void. The Mayor and Council for good cause shown may extend the time for plat filing for a period not to exceed one additional ninety-day period.

§ 160-6 Minor subdivision.

Application for approval of a Minor Subdivision, as defined in this chapter and/or as classified by the Mayor and Council, shall be made in forms supplied by the Mayor and Council, and at least two weeks in advance of the next regular Planning and Zoning Commission meeting to the Town Clerk of the Mayor and Council for acceptance of fees and recording prior to forwarding by the Town Clerk of the Mayor and Council to the Planning and Zoning Commission.

The application shall be accompanied by a fee in the amount specified in the Schedule of Fees, § 160-11 of this chapter.

The applicant shall supply one tracing and two black-on-white prints of the plat plan of the subdivision, as prescribed and as described in § 160-8.

The Planning and Zoning Commission shall review the application for approval of a minor subdivision and all the required material, making certain that all requirements established by this chapter and Chapter 200, Zoning, have been satisfied.

Upon approval of the application by the Planning and Zoning Commission of a minor subdivision application, the Mayor and Town Clerk of the Mayor and Council shall sign the tracing and application and have printed five copies of the plat plan to be distributed to the Mayor and Council.

After these prints have been delivered, the tracing and a copy of the application shall be delivered to the applicant.

If the Mayor and Council disapprove a minor subdivision application, two copies of the reasons for disapproval shall be returned with the applicable tracing to the applicant. The reasons for disapproval shall be remedied prior to any resubmission.

A print copy of the plat plan in a form acceptable to the Recorder of Deeds of Sussex County as approved by the Mayor and Council shall be filed by the owner with the Office of the Recorder of Deeds, in and for Sussex County within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire and shall be void. The Mayor and Council for good cause shown may extend the time for plat filing for a period not to exceed one additional ninety-day period.

§ 160-7 Major subdivision.

Prospective applicants for an approval of a major subdivision, as defined in this chapter and/or as classified by the Mayor and Council, may request review and discussion by the Planning and Zoning Commission by:

Submitting, in duplicate and two weeks prior to a regular Planning and Zoning Commission meeting, a sketch map of the proposed major subdivision to the Town Clerk of the Mayor and Council.

Such a sketch map shall show its location, surrounding properties, roads or other applicable detail; and the proposed subdivision layout as plated from deed, or tax map, and/or survey and at a scale as approved by the Engineer of the Town of Selbyville but not less than one inch equals 50 feet.

The Planning and Zoning Commission and the subdivider shall review and discuss the problems to the area, their recommended solutions, and the Planning and Zoning Commission shall, from experience, knowledge and technical assistance, guide the planning of said subdivision; such guidance may include reference of the plan to the Delaware Department of Transportation, the Superintendent of Schools or any other appropriate agency or person for comment.

Following such a review and discussion, the Planning and Zoning Commission shall return one copy of the sketch map together with a letter advising the subdivider of all conclusions and recommendations.

Application for a major subdivision, as defined by this chapter, shall be in accordance with the following procedure:

Applications for approval of a major subdivision shall be presented by the owner or his agent to the Town Clerk, in triplicate and on forms supplied by the Mayor and Council, at least two weeks in advance of a regular meeting of the Planning and Zoning Commission.

The application shall be accompanied by:

The original tracing of the plat plan and six black-on-white copies thereof, drawn in accordance with § 160-8 of this chapter; and

Three copies of all other material as required by this chapter, § 160-8, and as noted on the application form supplied by the Mayor and Council.

The application shall be accompanied by a fee in the amount specified in the Schedule of Fees, § 160-11 of this chapter.

The Town Clerk of the Mayor and Council shall receive the application, and other required maps and material, and shall acknowledge receipt in proper space on the reverse of each copy of the application. The Town Clerk shall return one to the owner or his agent as his receipt and file the remainder one as the town's record of receipt.

The Town Clerk shall, upon receipt of an application:

Make certain that all the material required accompanies the application. If the owner or his agent has failed to provide all required material, the Town Clerk shall so advise in writing and return all material received, except the application, for resubmission.

If all required material is in order, place the application on the agenda of the next regular meeting of the Planning and Zoning Commission for its review and setting of the date of public hearing.

The Planning and Zoning Commission shall review the application for approval of a major subdivision and all the required material, making certain that all requirements and conditions set forth in the letter of conclusions and recommendations and Chapter 200, Zoning, have been satisfied.

If the owner or his agent has failed to satisfy all requirements, the Planning and Zoning Commission shall so advise in writing and return all material received, except the application and one copy of the plat plan, for correction or addition thereto and resubmission.

The Mayor and Council shall act on an application for approval of a major subdivision which they have found to be in order after a public hearing shall have been held. In all cases, the recommendation of those attending a public hearing shall be given careful consideration in the final decision of the Mayor and Council.

If the Mayor and Council shall disapprove a plat, the Mayor and Council shall advise the owner in writing of the reasons for disapproval, and shall return, together with said letter, all material received, except the application and one copy of the plat plan. The reasons for disapproval shall be remedied prior to resubmission. A subdivision application may be disapproved by the Mayor and Council for financial reasons, such as the following:

If it is the judgment of the Mayor and Council that estimated costs to be borne by the Town of Selbyville cannot be met from available town funds which reasonably may be anticipated to become available to the town and applicable to subdivision purposes.

If, in the opinion of the Mayor and Council, the estimated expense to the town cannot be justified on the basis of estimated tax returns which would accrue to the town within a reasonable period of time.

In the case of favorable action on a subdivision plot plan by the Mayor and Council, such action shall be considered as preliminary approval, subject to development and consideration of improvement construction plans and further estimates of costs. Notice, in writing, of preliminary approval by the Mayor and Council will be given to the applicant; copies thereof, also, will be given the Town Clerk and Building Inspector.

In case of approval of a subdivision application by the Mayor and Council, the Mayor shall certify such approval on the subdivision plot plan which shows distinctively the part to be recorded. Two copies of the signed and approved plan shall be incorporated in the agreement with the developer; the other signed and approved copy shall be retained in the town records. The Mayor shall sign the required certification or certifications and affix the Town Seal, certification to be according to the following:

For a subdivision plot plan approved by the Mayor and Council to be recorded and developed in its entirety:

	"It hereby is certified that this subdivision plot plan was granted approval by the Mayor and Council of the Town of Selbyville on ______ (date) ______ and accordingly is eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware.
	________________ Mayor"

For a subdivision plot plan approved to be recorded and developed in sections, certification on separate plans as follows:

On a subdivision plot plan for entire development granted provisional approval by the Mayor and Town Council:

"It hereby is certified that this subdivision plot plan was granted provisional approval valid for five years by the Mayor and Council of the Town of Selbyville on ___ (date)_____, subject to presentation to Mayor and Council of successive sections thereof to be considered for approval. Only such section hereof as may be granted specific Mayor and Town Council approval and so certified by the Mayor may be eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware.

________________

Mayor"

On a subdivision plot plan distinctively showing the section or sections thereof approved by the Mayor and Town Council to be recorded and developed:

	"It hereby is certified that the section or sections of this subdivision plot plan distinctively shown hereon as the part to be recorded were granted approval by the Mayor and Town Council of Selbyville on ______(date)_______, and accordingly, the section or sections so shown are eligible for recording in the office of the Recorder of Deeds for Sussex County, Delaware.
	________________ Mayor"

Preparation of improvement construction plan and estimates of cost.

The applicant, upon receiving a preliminary approval of a subdivision plot plan by the Mayor and Council, shall arrange for further conferences with the Planning and Zoning Commission, Building Inspector and Engineer regarding preparation of:

Improvement construction plans.

Report of the applicant's engineer.

Estimates of cost, including costs to be borne in whole or in part by the town.

If the subdivision is to be developed and recorded in sections, the foregoing items in Subsection G(1)(a), (b) and (c) shall be prepared only for the section or sections presently to be recorded.

Subdivisions developed and recorded in sections.

In such a case, the report and decisions of the Mayor and Council, if favorable, shall be in two parts as follows:

Provisional approval of the subdivision plot plan in its entirety.

Approval of subdivision plot plan section or sections presently to be recorded.

Provisional approval by the Mayor and Council of the subdivision plot plan in its entirety shall be a prerequisite of the Mayor and Council action regarding a section or sections to be recorded. Such provisional approval of a subdivision plot plan shall impose no obligation on approved deferred sections.

Each supplemental application for a deferred section will be considered on its merits after the foregoing items in Subsection G(1)(a), (b) and (c) have been presented for a review by the Engineer and Mayor and Council. Provisional approval in all cases shall be subject to the five years' limitation provided in the succeeding subsection.

A supplemental application, in a form to be prescribed by the Mayor and Council, will be required to be presented by the applicant to the Mayor and Council 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 provisional approval of the subdivision plot plan by the Mayor and Council, shall be the same as for an original subdivision application, to begin, however, with conferences with the Building Inspector and Engineer according to the foregoing Subsection G(1), instead of processing the application from beginning. If a lapse of more than five years shall occur, the Mayor and Council, at their discretion, may reconsider the unrecorded section or sections of a subdivision plot and require such alterations, changes or modification therein as it may deem appropriate as a condition for granting of an extended provisional approval.

No plat shall be filed for the development of a subdivision in the Office of the Recorder of Deeds, in and for Sussex County, unless it has been duly approved by the Mayor and Council of the Town of Selbyville.

Upon completion of all required improvements, the owner shall provide the Mayor and Council with three copies of all construction and improvement plans indicating their actual as-built locations and other field notations.

Upon receiving notice of approval by the Mayor and Council of a subdivision application, the applicant, now referred to as "developer," shall confer with the Planning and Zoning Commission regarding compliance with conditions of approval and, in turn, regarding all construction procedures and reports until final acceptance by the Mayor and Council of the completed construction improvements and formal release by the Mayor and Council of the developer's surety guaranty bond, if any.

Approval of each subdivision application shall be subject to the following standard conditions:

Execution of suitable agreement within 90 days after notification of approval by the Mayor and Council of a subdivision application. Said agreement shall be executed and acknowledged by the developer 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.

Performance of a construction improvement program in strict accordance with approved plans and specifications 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 Mayor and Council on recommendations of the Engineer.

Submission with 90 days after completion of the construction improvement program for such section or subsection or release of liens with respect to the construction improvement program.

Liability insurance policy in the amount of $300,000/$500,000 per accident, providing full protection to the town, its officials and employees against all damages or claims for damages occurring indirectly by reason of the construction improvement program, shall be filed with the Mayor and Council before commencement of any work within the subdivision.

The subdivision plot, bearing the certification set forth in Subsection F, shall be recorded as provided within 90 days after approval by the Mayor and Council.

If the major subdivision is to be developed in sections or phases, no tract, parcel or lot which is any part of any such subdivision shall be transferred by the developer nor shall possession of any tract, parcel or lot be granted by the developer to any third party until all work required by the construction improvement program shall have been completed pursuant to the provisions of this chapter, with the exception of blacktopping streets, installing sidewalks, monuments and streetlights, if applicable, and furnishing as-built plans, and a bond with surety acceptable to the town assuring completion of the uncompleted work required to complete the performance of the project with beneficial occupancy having been issued by the Town of Selbyville. If the major subdivision is not to be developed in sections or phases, no tract, parcel or lot shall be transferred by the developer nor shall possession of any lot be granted by the developer to any third party until all work required by the construction program shall have been completed pursuant to the provisions of this section with conditional acceptance of such improvements having been made by the city.

Deed conveying fee simple land to the Town of Selbyville 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 town within 90 days after complete performance of the construction improvement program for such section or subsection.

Work, grading, excavation, construction, erection or building shall be commenced or done within the subdivision only, pursuant to approval provided in this chapter; in full compliance with all of the conditions of such approval; after execution of the agreement provided above in this section and approval of all plans required under the subdivision regulations, applicable Building Codes, Chapter 200, Zoning, and all other applicable ordinances of the Town of Selbyville and the laws of the State of Delaware; and after issuance of all applicable permits which shall be in effect.

If the developer wishes to alter the subdivision plot plan after final approval by the Mayor and Council and before any lot or unit in said subdivision is sold, leased or the subject of a contract for sale of 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, approval shall be required from the Mayor and Council, but no public hearing shall be required to be held so long as the intent of the original subdivision, as determined by the Mayor and Council, 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 Chapter 200, Zoning, 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 plot plan and submit said plan for the approval of the Mayor and Council and such plan shall be recorded as a revised plot plan of the subdivision with the approval of the Mayor and Council.

§ 160-8 Details of plat plans and an application for approval.

Plat plan. The plat plan, as required under § 160-4 of this chapter, shall:

Include all recommendations made by the Mayor and Council or the Planning and Zoning Commission, if so referred, following "review and discussion" when so elected and all subsequent requirements as may be set forth by the Mayor and Council or another official agency.

Be clearly and legibly drawn, and endorsed with black waterproof India Ink upon translucent tracing cloth of good quality or in a form acceptable to the Mayor and Council and to the Recorder of Deeds of Sussex County, Delaware, and shall be accompanied by a duplicate thereof.

Be drawn at a scale of not less than 50 feet to the inch or any scale acceptable to the Engineer of the Town of Selbyville, and if the plat plan is drawn in two or more sections, it shall be accompanied by a key map showing the location of the several parts.

Provide all the pertinent information on existing site conditions, property ownership and the like which may be necessary for the Planning and Zoning Commission to properly consider the proposed subdivision, and such information shall be accurate and reliable.

Show the general plan for the ultimate development of the property, including as much of the surrounding area as may be necessary for an adequate consideration of the land to be subdivided. Such plat shall be accurately drawn to scale.

Show the following:

Proposed subdivision name or identifying title, the name of the municipality and political subdivision within which it is situated and county name.

A location map at a scale of one inch equals one mile.

The name and address of the owner of the record and subdivider.

The name, license number and the seal of the licensed land surveyor or engineer.

A space for signature of the majority of the members approving the application and date of approval shall be provided as follows: "This map has been approved by the Mayor and Council of the Town of Selbyville at a meeting held [DATE]."

	Attest:	Town Clerk	By:	________________ Mayor
				________________ Member ________________ Member

(f)

The date of survey.

(g)

The reference meridian used for bearings on the map shall be shown graphically and definitely described. Magnetic bearings shall show the date of observation. The North point should always be at the top of the plat.

(h)

The graphic scale.

(i)

The courses and distances of property perimeter and the approximate acreage contained therein.

(j)

A key map at a scale not less than 400 feet to the inch showing the relation of the property to adjoining property and to all streets, roads, watercourses, natural and artificial, streams, shorelines or other water boundaries, and all municipal boundary lines crossing or adjacent to the property and existing within 1,000 feet of any part of the property proposed for subdivision.

(k)

The names of all subdivisions immediately adjacent and the names of all owners of all immediately adjacent lands, and the Tax Parcel Map block and lot numbers of each; and the property lines of the land to be subdivided.

(l)

The location of existing property lines, streets and alleys, easements, buildings, utilities, wooded areas and waterways; soil classification; and any other significant natural or man-made physical features affecting the proposed subdivision.

(m)

The present zoning classifications and zoning district lines of the proposed subdivision and adjoining properties and the proposed uses of property within the area being plotted.

(n)

The full plan of the development, including all lot lines and their dimensions, streets, roads, sidewalks, loading areas, parking areas, other paved areas, alleys or driveways, utility easements, parks, playgrounds and other public areas, including which are to be dedicated to public use and which are being reserved by the owner and the conditions of such dedications or reservations, the proposed names of all new streets and the building setback lines for each street.

(o)

Location, dimensions and nature of all proposed structures, signs and utilities, including the approximate number of dwelling units to be included in each residential structure.

(p)

Location of all uses not requiring structures.

(q)

All existing watercourses, tree masses and isolated trees more than six inches in diameter and their common name, existing buildings, water mains and feeder lines, and other significant features, within the boundaries of the plat.

(r)

A plan for surface drainage of the development.

(s)

Contours at vertical intervals of not more than five feet for land with average natural grade of 10% or greater, and at vertical intervals of not more than two feet or less steeply sloping land and on the basis of datum used or recommended by the Consulting Engineer.

(t)

The plan shall show groundwater table elevations, soil characteristics the result of such percolation tests (FHA procedure as may be required by the consulting engineer, certified by a licensed engineer).

(u)

The designs of any bridges or culverts which may be required and as approved by the consulting engineer.

(v)

The plan for supplying a community water supply system as approved by the Department of Natural Resources and Environmental Control or as otherwise may be provided.

(w)

The plan for supplying a sewer and wastewater system as approved by the Department of Natural Resources and Environmental Control or as otherwise may be provided.

(x)

Sufficient data acceptable to the consulting engineer of the town to determine readily the location, bearing and length of every boundary line, street line and lot line, so as to reproduce such lines upon the ground; and the length of all straight lines, the deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings for each street. All dimensions and angles or bearings of the lines of each lot shall also be given. All dimensions shall be shown in feet and hundredths of a foot.

(y)

The lot and block numbers established in accordance with the prevailing town practice.

(z)

Clearly label, legend and symbol the monuments established in accordance with the above, a distance being made between monuments which were found and monuments which were placed on the tract boundary and those set for survey control.

(aa)

All lot corner markers, which are required to be permanently located in the ground to the existing grade and to the satisfaction of the Consulting Engineer, shown thus, "O," on the plat.

(bb)

The proposed grading plan when excavation, recontouring or similar work is to occur in conjunction with development of the subdivision.

(cc)

The designation of land used primarily for agricultural purposes within 300 feet of the boundary of the proposed subdivision.

(dd)

The designation of parcels to be set aside for forested buffer strips, where required.

(ee)

The location of all wetlands (both state and federal) shall be indicated, in order to facilitate compliance with state and federal wetlands requirements.

(ff)

The location of the one-hundred-year floodplains based on current Flood Insurance Rate Maps.

(gg)

Where the plat plan submitted covers only a part of the subdivider's entire holding, a sketch of the unsubmitted part shall be furnished; and the street system of the submitted part will be considered in the light of adjustments and connections with the future street system of the part not submitted.

Other material. Other material, as required under § 160-8, shall be three copies of each of the following:

Certificate of title showing the ownership of the land to be vested in the subdivider or other applicant for approval.

Statement duly acknowledged before some officer authorized to take acknowledgment of deeds and signed by the owners of the property, to the effect that the subdivision shown on the plat is made with his or their free consent and in accordance with their desires.

Certificate of a licensed engineer or land surveyor as follows:

	"I hereby certify that this map and the survey has been made under my supervision and complies with the Laws of the State of Delaware, the Ordinance of The Town of Selbyville and that the error in closure does not exceed one in five thousand. I further certify that all monuments and corner markers have been accurately set under my supervision.
	Licensed Engineer or Land Surveyor No.____"

Street profiles and cross sections for all streets which shall have been approved by the consulting engineer of the town.

All offers of dedication and covenants governing the maintenance of undedicated open space, which shall bear the certificate of approval of the Town Solicitor as to their legal sufficiency.

Certificate of the consulting engineer, as follows: "I have carefully examined this map and find it conforms with all the laws of the State of Delaware and the ordinances of the Town of Selbyville."

Certificate of the consulting engineer as to the completion of all improvements required by the town to his satisfaction in accordance with standards and specifications set forth in this chapter or as otherwise prescribed by the town. For any required improvements not so completed, there shall be submitted with the plat a certificate of the consulting engineer and Town Solicitor, respectively, as to the estimated cost of such improvements as to the sufficiency of the bond offered in lieu thereof.

Copy of such private deed restrictions, including building setback lines, as be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided. Such restrictions shall be satisfactory to the Mayor and Council and shall provide, in the case of any lot intended for residential use, against further division thereof by the grantee without obtaining approval by the Mayor and Council.

Copy of the certificate of approval of any other official body who may become involved or have an official interest in the development.

(10)

Identification of existing zoning classifications and proposed changes.

(11)

Identification and location subject to flooding as a result of a storm of one-hundred-year-year frequency.

(12)

Statements explaining how and when the subdivider proposes to provide and install the required water supply, sewers or other means of sewage disposal, street pavements and drainage structures.

(13)

Where special physical conditions exist which may act as constraints on normal development or may preclude development totally, the subdivider may be required to submit special technical data, studies or investigations. This information must be prepared by individuals technically qualified to perform such work. Additional information may include but is not limited to the following: on-site sanitary sewage disposal feasibility, water supply surveys, such as test well drilling, stormwater runoff computations and identification of area subject to periodic flooding.

(14)

If special conditions are found to exist, the Planning and Zoning Commission shall not approve a preliminary plat until it is determined that it is technically feasible to overcome such conditions. The Planning and Zoning Commission may then require the subdivider or developer to incorporate specific improvement design criteria into the plat as a condition to its approval.

(15)

When special studies or investigations pertain to a regulatory program or another public agency, the subdivider shall submit the results of these studies or investigations to said public agencies for technical review and approval. Written comments from these agencies shall be supplied to the Planning and Zoning Commission by the subdivider.

(16)

Statements explaining how and when the subdivider proposes to provide for the perpetual maintenance of forested buffer strips, if required.

§ 160-9 Improvements.

Prior to the granting of approval of a subdivision, the subdivider shall have furnished performance guaranties for the ultimate installation of the following:

Streets. Streets shall be designed to conform with the design standard set forth in § 160-10 of this chapter and shall be paved in accordance with specification for paving of streets established by the town. Internal roads, alleys, driveways, aisles and parking areas, when required, shall be constructed with a well drained base and a hard surface finish.

Street name signs. A street name sign identical to those already established in the area or of a design and of material specified by the town and shall be installed in a base at each street intersection in accordance with specifications of the town.

Sidewalks. Sidewalks, where required, shall be placed between the curbline and the property line as determined by the Mayor and Council and the consulting engineer and in accordance with the town specifications for design and material.

Curbs. Curbs shall be placed on both sides of a street at a maximum distance of eight feet from the property line and in accordance with town specifications for design and material.

Shade trees. Shade trees are to be located back of the curbline so as not to interfere with utilities, sidewalks or driveways, at intervals of approximately 60 feet.

Grading, fill, topsoil and protection thereof:

Grading shall be done to meet the requirements of the ordinances of the Town of Selbyville.

All material to be used as fill, including the disposal of any soil accumulated during development, construction and clearing of the land, must be reviewed and approved by the Planning and Zoning Commission before being used. The Planning and Zoning Commission shall take into consideration the water table, drainage and soil characteristics of the site in question when making such a decision.

Buffer zone planting. Where buffer zones are required or proposed, they shall be planted with growth of such type and quality to produce from time of planting a screening hedge of sufficient density and height to effectively perform its purpose the year round. Such proposed plantings shall be reviewed by the Planning and Zoning Commission prior to approval of the subdivision.

Surface drainage facilities; culverts and storm sewers. Culverts and storm sewers shall be properly installed and connected with the town system or as determined by the consulting engineer or other authorized town authority and in conformity with requirements established in § 160-10.

Sanitary sewers. Sanitary sewers shall be properly installed in accordance with the requirements of the Town of Selbyville, including conformity with requirements established in § 160-10.

(10)

Water supply facilities. Water supply facilities shall be properly installed in accordance with the requirements of the Town of Selbyville, including conformity with requirements established in § 160-10.

(11)

Underground utilities. Underground utilities shall be properly installed in accordance with the requirements of the Town of Selbyville, including conformity with requirements established in § 160-10.

(12)

Monuments. The applicant shall place permanent reference monuments of stone or concrete, at least 30 inches in length, and four inches square with suitable center point, flush with the finished grade at such locations as may be required by the Planning and Zoning Commission. Monuments of noncorrosive metal pipe, 3/4 inches in diameter and at least 24 inches in length, shall be set in place flush with the finished grade at all intersections of streets, at all intersections of streets and alleys with subdivision boundary lines; at all points on streets, alleys and boundary lines where there is a change in direction or curvature; and all lot corners.

All of the above-listed improvements shall be subject to inspection and approved by the consulting engineer who shall be notified 24 hours prior to such installation. No underground installation shall be covered until inspected and approved by the consulting engineer or other authorized town authority.

Construction standards and specifications.

[Amended 8-4-2014]

All requirements for the design and construction of any improvements under the regulatory jurisdiction of the Town of Selbyville shall be as set forth, defined and described in the Town of Selbyville Construction Standards and Specifications, latest edition (hereinafter "Standards"). The Standards apply to all projects conducted by private contractors, developers, the State of Delaware, Sussex County, or any other entity or agency that may perform work within the corporate limits of the Town of Selbyville and those areas outside of Town limits that involve improvements under the regulatory authority of the Town of Selbyville.

The Standards shall become effective upon passage of an appropriate resolution by the Mayor and Council for the Town of Selbyville. As revisions to the Standards become necessary from time to time, said revisions will become effective upon approval by the Mayor and Council. A copy of the current Standards, in force and effect at any given time, shall be maintained at Town Hall for distribution to and review by any member of the public. The date of revision shall be displayed on all pages of the Standards.

In the event a conflict or discrepancy between the current Standards and any other ordinance of the Town is discovered, said conflict or discrepancy shall be brought to the attention of the Town Administrator immediately upon discovery. When possible, the Town Administrator, in consultation with the Town's Engineer, shall issue a clarification concerning the perceived conflict or discrepancy. If a clarification resolving the conflict or discrepancy is not or cannot be issued, or if the conflict or discrepancy is not discovered, the current Standards in effect shall apply.

[Amended 9-13-2021]

All contractors and developers undertaking any work within the Town's regulatory jurisdiction agree to:

Indemnify and hold harmless the Town, its agents, employees, officials, and all others who represent the Town, from and against any and all claims, damages, losses and expenses (including, but not limited to, expert fees and reasonable attorneys' fees), arising from the contractor's or developer's performance of the work;

Assume full responsibility for any work performed that does not comply with the requirements of the Town, Sussex County, State of Delaware, federal government, and/or any ordinance, statute, rule, regulation, code or standard passed by any of the foregoing entities;

Assume and pay all costs of (including, but not limited to, expert fees and reasonable attorneys' fees) and damages resulting from any lawsuit, claim or action arising from or related to the contractor's or developer's illegal or defective performance of the work;

Remove and repair or replace any unacceptable or defective materials or work, as determined by the Town; and

Allow the Town to remove and repair or replace any unacceptable or defective materials or work, when the contractor or developer fails to do so, with all costs and expenses (including, but not limited to, expert fees and reasonable attorneys' fees) related thereto being the contractor's or developer's responsibility. Any such costs and expenses incurred by the Town shall be collectible in the same manner as other obligations due and owing the Town, with all legal costs and expenses (including, but not limited to, expert fees and reasonable attorneys' fees) related to such collection effort being the contractor's or developer's responsibility.

§ 160-10 Design standards.

The developer shall observe the following requirements and principles of the land subdivision in the design of each subdivision or portion thereof as well as specifications established and incorporated herein by reference and any additional requirements set by the Planning and Zoning Commission and the Mayor and Council.

General. The subdivision plat shall conform to design standards that will encourage good development patterns within the town. The town's requirements of streets, drainage, rights-of-way, storm sewer, school sites, parks, playgrounds and other services shall be satisfied before approval of the subdivision plat. The streets, drainage, rights-of-way, storm sewer or sanitary sewer plans shall be such as to lend themselves to the harmonious development of the town and enhance the public welfare in accordance with the following design standards:

The subdivision plat shall take into account proposals of the adopted Comprehensive Plan as appropriate in the are of proposed development and should relate to existing and proposed adjoining land uses.

The subdivision layout shall conform to the provisions of the zoning districts in which it is located and the provisions of Chapter 200, Zoning.

The subdivision layout shall conform with the principles and standards contained in this chapter.

A tract shall be subdivided so that no remnants or landlocked spaces without access are created.

Strip development of all types should be limited and avoided as leading to undesirable consequences relative to future development of interior parcels and compromise of the traffic integrity of the roads involved.

Land which is unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, adverse earth formations or topography, utility easements or other features which will be reasonably harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the consulting engineer and where applicable to the rules and regulations of the State Department of Natural Resources and Environmental Control to solve problems created by the unsuitable land conditions. Such lands shall be set aside for uses as shall not involve such a danger.

Cut or fill should be limited to those instances where it is required to achieve acceptable street grades, parking areas or building sites or where it will be used to enhance the site, such as by berms or swales which add visual interest or perform a useful function, such as screening or drainage.

Subdivision planning should take into consideration critical areas, waterways, natural topography, vegetation and especially historic spots, landmarks and social impacts.

It is the intent of the town to stress preservation of all agricultural lands which are feasible and worthwhile of such preservation in order to conserve such natural amenities. Where residential subdivisions are established adjacent to agricultural operations, the subdivider shall ensure that there shall be no negative effect on the agricultural operation. A forested buffer strip shall be provided along the outer perimeter of any portion of a residential subdivision or development adjacent to agricultural farmland of other ownership.

Streets.

The arrangements of streets shall be such as to provide for the appropriate extension of existing streets.

Minor streets shall be so designed as to discourage through traffic.

Subdivisions abutting arterial streets shall provide a marginal service road, or reserve frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Mayor and Council may determine appropriate.

The minimum right-of-way width shall be measured from lot line to lot line and shall be in accordance with the following schedule:

Arterial streets: 80 feet to 120 feet.

Collector streets: 50 feet.

Minor streets: 50 feet.

Marginal access streets: 40 feet.

Internal roads, alleys, driveways, aisles and parking areas in business and industrial developments: 16 feet, and shall be designed and built to satisfy the requirements of the State of Delaware and the Town of Selbyville. See also specifications and profile which are attached hereto and incorporated by reference.

No subdivision showing reserve strips controlling access to streets shall be approved.

Subdivisions that adjoin or include existing streets that do not conform to the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road.

Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 7%. No street shall have a minimum grade of less than 0.5 of 1%.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 70º. The block corners at intersection shall be rounded at the curbline with a curve having a radius of not less than 20 feet.

Street jogs with center line offsets of less than 125 feet shall be prohibited.

(10)

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(11)

When connecting street lines deflect from each other at any point by more than 10º they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

(12)

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(13)

Dead-end streets (cul-de-sac) of a permanent nature shall be a minimum of 400 feet and shall provide a turnaround at the end with a radius of 40 feet.

[Amended 12-3-2018]

(14)

If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way, to the adjoining properties.

(15)

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

(16)

All minor roadways shall be 34 feet between curbs and paved for the entire width.

(17)

Where deemed desirable to the layout of the subdivision and adjoining areas, the Mayor and Council may require the platting and dedication of one or more collector streets, or parts thereof, to serve the subdivision.

(18)

Minor streets, intended primarily for access to individual properties, shall be so arranged as to discourage their use by through traffic.

(19)

Where the subdivision abuts or contains a major thoroughfare, the Planning and Zoning Commission may require that measures be taken to reduce the impact of heavy traffic on the residential lots abutting or fronting upon such highway, and to afford separation of through and local traffic by one of the following measures:

By providing vehicular access to such lots by means of a service drive separated from the major thoroughfare by a planting strip at least 30 feet in width and connecting therewith at infrequent intervals.

By designing reverse frontage lots having access only from a parallel minor street or from cul-de-sac or loop streets, and with vehicular access to such lots from the major thoroughfare prohibited by deed restrictions or other means.

The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the Mayor and Council or its staff by giving consideration to topography and other physical conditions, the character of existing and contemplated development in the subdivision and its surroundings, and other pertinent factors.

(20)

Private alleys shall be provided in commercial and industrial areas, unless adequate access to parking and loading area is provided by other means. Private alleys may not be permitted in residential areas, except for the purpose of providing rear access to townhouse dwellings or where required by topographic or other unusual conditions exist. In the absence of private alleys, easements will be required for utility lines or drainage facilities.

(21)

Except as hereafter provided, there shall be no private streets platted in any subdivision and every subdivided property shall be served from a publicly dedicated street.

(22)

Upon the completion of construction on 30% or more of the lots within the proposed subdivision, the street improvements required herein shall be completed by the subdivider.

(23)

No street referred to herein shall be dedicated to the Town of Selbyville nor accepted for dedication by the Town of Selbyville unless the street shall have been constructed to meet the standards and specifications of the State of Delaware, Department of Transportation, Division of Highways.

(24)

Each property corner at street intersections shall be rounded off by an arc, the radius of which shall be not less than 20 feet. Curbs at street intersections shall be rounded off concentrically with the property lines. The design of the intersection should provide clear sight distance for oncoming vehicles, and there should be a suitable leveling of the street grade within and approaching the intersection.

Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 200, Zoning, and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in location deemed necessary by the Mayor and Council. Such walkway shall be 10 feet wide and to be straight from street to street. There shall be installed a four-foot walk paved in accordance with town specifications. Lots abutting such a walkway shall be treated as a corner lot.

Lots.

Lot dimensions and area shall not be less than the requirements of the Town of Selbyville Zoning Ordinance.[1]

Editor's Note: See Ch. 200, Zoning.

Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

Each lot must front upon a public street at a minimum as established in Chapter 200, Zoning.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for its intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning and Zoning Commission may, after adequate investigation, withhold approval of such areas.

Double frontage and reserve frontage lots will not, in general, be approved, but if necessary, in the judgment of the Planning and Zoning Commission, shall be required to establish a buffer zone and/or screen planting.

Lot lines shall follow municipal boundary lines rather than cross them.

Public use and service areas.

In developments, easements along real property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.

Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose in accordance with standards established by the Mayor and Council and the State of Delaware. A drainageway channel which lies along a road and in front of lots or where it is felt that such would be a hazard to health and life by the Mayor and Council shall be adequately replaced by storm sewer pipe of a size established by the Consulting Engineer. Setback line requirements as established by the Zoning Ordinance Schedule along watercourse, etc., shall be satisfied.[2]

[2]

Editor's Note: See Ch. 200, Zoning.

Natural features such as trees, brooks, hill tops and views shall be preserved whenever possible in designing any subdivision containing such features.

Surface drainage facilities.

All drainage facilities shall be constructed in accordance with minimum construction standards established by the consulting engineer or standards adopted by the Delaware Division of Highways in areas where it has jurisdiction.

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 consulting engineer or the State Division of Highways where it has jurisdiction.

Parking areas. Sufficient parking areas shall be provided.

Flood control. Land subject to flooding and land deemed by the Mayor and Council to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard; but such land with the plat shall be set aside for such uses as will not be endangered by periodic or occasional inundation nor will not produce unsatisfactorily living conditions; or shall be adequately drained and filled in accordance with regulations to the satisfaction of the Town of Selbyville.

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. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding and planting.

Water supply facilities.

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 Sussex County shall be provided with a community water supply and distribution system and appropriately spaced fire hydrants. The source of which may be a county, municipal or private water system, in which case the distribution system for the subdivision shall meet Department of Natural Resources and Environmental Control, or it may be an independent source of supply approved by the consulting 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 Town Attorney and the consulting engineer.

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 consulting engineer.

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 consulting engineer in order to assure compliance with all applicable regulations.

Upon completion of the project, the utility or owner shall submit a set of as-built drawings to the consulting engineer for his records to aid in future planning, together with certification of compliance by a responsible utility officer.

The town reserves the right to collect appropriate fees for the engineering design review and for any field inspections deemed necessary by the consulting engineer.

Sanitary sewer facilities.

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 consulting 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 consulting 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 consulting engineer.

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

A copy of the Department of Natural Resources and Environmental Control approved permit and a copy of construction drawings shall be submitted to the consulting engineer prior to construction.

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

The town reserves the right to collect appropriate fees for the engineering design review and for any field inspections deemed necessary by the consulting engineer.

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

Where a public sewerage system will not be available, private on-site means of sewage disposal meeting the requirements of the State Department of Natural Resources and Environmental Control shall be provided, and in addition, the State Department of Natural Resources and Environmental Control or the Mayor and Council may require the installation and capping of sanitary sewer mains and house connections if their evaluation shall indicate that public sewer service will be necessary in the future to protect the public health. Generally, this requirement will be made when 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.

Underground utilities. All utility facilities, including but not limited to gas, electric power, telephone and CATV cables, shall be located underground throughout the subdivision and in accord with the rules and specifications of the State Public Service Commission laws on utility service in developments. Wherever existing utility facilities are located aboveground, except where existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plan. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense.

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 Mayor and Council 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.

Sidewalks. When provided by subdivider or deemed necessary by the Mayor and Council. In residential subdivisions sidewalks shall be five feet in width unless otherwise specified, and in commercial and industrial subdivisions they shall be from curb to property lines unless otherwise specified.

Streetlights. Streetlights shall be required in all subdivisions unless specifically exempted by the Mayor and Council. The installation of streetlights, including number, type and spacing shall be as specified by the Mayor and Council or its staff.

Inspection and completion. All construction work on improvements required herein shall be subject to inspection and approval by the appropriate authorized public officials. Upon the completion of each improvement, the developer shall furnish the Building Inspector and inspection consultant with an accurate and detailed description of the location and a completion date of the improvement as it was actually constructed. No underground installation shall be covered until inspected and approved.

Inspection consultant. The Mayor and Council may hire an inspection consultant not associated with the subdivider or improvement contractors to oversee and certify that improvements meet the standards set forth in this chapter. The inspection consultant's fee will be paid by the subdivider in a manner consistent with the standards established by the Delaware Division of Highways, Sussex County, Delaware. If the Mayor and Council feel the hiring of an inspection consultant is unwarranted because of minimal improvements required of a subdivision, it shall state on the approved final plat plan "No Inspection Consultant Needed."

Plans. 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. The plans and profiles to be submitted for all new construction shall include the following:

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

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.

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

Construction and specific 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.

Plans and specifications for any forested buffer strips, if required.

§ 160-11 Fees; inspection; maintenance; acceptance of facilities.

The cost of construction, installation and inspection of all improvements required herein shall be borne by the developer.

A nonrefundable subdivision application fee as set by resolution of the Town Council from time to time shall be paid by the applicant at the time of the submission of a tentative plot plan. The applicant shall pay all other charges related to a review of the subdivision.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All construction work on improvements required herein shall conform to standards established by the town and are subject to inspection and approval by the consulting engineer and/or other authorized individuals during and upon completion of such construction work. Upon the completion of each improvement, the subdivider shall furnish the appropriate official with an accurate and detailed description of location and the completion date of the improvement as it was actually constructed.

Based on recommendations of the consulting engineer, the Mayor and Council shall establish a schedule of fees to be paid by the subdivider in order to reimburse the town for the cost of inspecting all construction work on improvements required herein. Costs reimbursed shall be only those actually incurred by the town in inspecting work for which the town has the authority to establish design standards or has need to ensure the future efficient maintenance can be accomplished adequately.

Improvement construction will be estimated by Town Engineer and be the basis for determining the face amount of the surety guaranty bond.

The developer will be responsible for streets and sidewalks until final acceptance and official release of bond, including repairs, if necessary, and other reasonable provisions for the convenience and safety of traffic. The developer will be responsible, also, for the removal of snow from streets when necessary for the convenience or safety of traffic.

The Mayor and Council, upon execution of the agreement, filing of the required surety guaranty bond and the transfer of title to the Town of Selbyville of the streets and other areas to be dedicated to public use, shall arrange with the Town Solicitor for preparation and presentation to the Mayor and Council of an appropriate ordinance and resolution:

Accepting the streets and other areas dedicated to the public use.

Authorizing and directing the incorporation of same in the Official City Map.

Final action by the Mayor and Council will be a resolution:

Accepting the construction improvements when construction improvements are complete and ready for use according to approved plans and specifications and when all terms and conditions of the agreement, including submission of a satisfactory release of liens, have been met to the satisfaction of the Mayor and Council.

Releasing the developer's surety guaranty bond. Such final action will be taken by the Mayor and Council upon certification to it by the Engineer, the Mayor and Council and Town Solicitor in their respective areas of responsibility.

Notice of commencement of construction; samples of materials.

Twenty-four-hour notice to town. The Building Inspector and Mayor and Council must be notified 24 hours in advance of the commencement of any construction operation pursuant to approvals obtained in order that provisions may be made for the proper inspection thereof.