A.
After the preliminary conference with the Commission's
staff, the applicant shall prepare a preliminary plan of the proposed
subdivision conforming to the requirements for the preparation of
such plat as set forth in Appendix A.[1] Deadlines for submission of applications shall be established
annually by the Department of Planning Services and shall be at least
60 days prior to the meeting of the Commission. Upon making application,
the following items shall be filed with the staff:
[Added 1-16-2007 by Ord. No. 07-02]
(1)
Forty-five black- or blue-line prints of the preliminary
plan;
(2)
One reproducible Mylar or one electronic copy on compact
disc;
(3)
A completed application form;
(4)
Checklist;
(5)
Filing fee; and
(6)
Other supporting information that the Director or
designee and/or applicant deem pertinent to the application.
[1]
Appendix A is included at the end of this chapter.
B.
If a proposed subdivision plan indicates that central
sewer will be utilized, a letter from the Department of Public Works
verifying that central sewer is legally and technically available
must be provided upon the preliminary plan application.
C.
If a proposed subdivision plan indicates that on-site
septic will be utilized, a copy of the DNREC-approved soils feasibility
study must be submitted with the plan.
D.
The preliminary plan shall be reviewed by the Commission's
staff to determine its conformity with DelDOT's Functional Classification
Map, other pertinent features of the Comprehensive Plan of the County,
applicable zoning and other regulations and the design principles,
standards, and requirements for plan submission as set forth in this
chapter. The staff shall also refer the preliminary plan to the State
Office of Planning Coordination and the Regional Planning Commission's
Development Advisory Committee (DAC) for comment and recommendation.
A.
A public hearing on the preliminary plan shall be conducted at a regular meeting of the Commission as soon as practicable after the filing deadline for that application, scheduled in accordance with § 187-13C.
[Amended 1-16-2007 by Ord. No. 07-02]
B.
Notice.
(1)
No hearing shall be held by the Commission until notice
of time and place thereof has been provided to the applicant, property
owners within 200 feet of the subject property, and to such other
interested parties as may be determined by the Commission at least
10 days before the date of said hearing. Notice shall be provided
as follows:
(a)
The applicant shall notify by mail all property
owners within 200 feet of the extreme limits of the subdivision as
their names appear in the County tax record at least 10 days prior
to the hearing. The applicant shall provide the Department with a
copy of the notice sent to property owners and post office receipts
on or before the public hearing date.
(b)
The Department shall provide notice to the general
public of the public hearing before the Commission by publishing the
date, time, place, and nature of the hearing at least 10 days before
the hearing in a newspaper of general circulation in the County.
(c)
The Commission's staff will also post a notice
outlining the date, time, place, and nature of the hearing in a conspicuous
location on the property.
(2)
The published and posted notices shall contain reference
to the time and place or places within the County where the text,
maps, and plans for the proposed subdivision may be examined.
C.
At the hearing, the Commission shall receive a report
from its staff, together with the comments and recommendations of
the Development Advisory Committee. Interested parties shall have
the opportunity to offer testimony both in favor of and in opposition
to the proposed plan.
D.
Following the public hearing, the Commission shall
tentatively approve, deny, or conditionally approve the plan subject
to specific changes or modifications within 45 days after acceptance
by the Commission of the plat and all necessary supporting documentation,
otherwise such plat shall be deemed to have been approved and a certificate
to that effect shall be issued by the Commission upon demand. A plan
shall be considered accepted upon the initial public hearing date.
The Commission shall be deemed to have accepted the plan on the date
it is presented in the public hearing. Such period may be extended
by mutual agreement between the Commission and the applicant for the
Commission's approval. Any comments or conditions related to the plan
shall be returned to the applicant, with other copies retained in
the files of the Commission. The grounds of disapproval of any plat
shall be stated upon the records of the Commission, and a copy of
such statement shall be furnished to the applicant. Any approval or
disapproval, after its recordation by the Commission, may be appealed
to the Levy Court within 30 days.
E.
The Commission may require that a preliminary plan
be resubmitted for further action if it is determined that the preliminary
plan does not meet the intent of the Kent County Comprehensive Plan
or does not meet the intent and provisions of the subdivision regulations.
F.
If the Commission approves the preliminary plan, such approval shall
be valid for 24 months from the date of approval. The Department shall
provide written notification via certified mail to applicants and
landowners of approved preliminary plans at least six months prior
to the expiration date.
[Amended 1-28-2020 by Ord. No. 20-2]
The preliminary plan of the proposed subdivision
shall comply with the following general requirements with regard to
preparation, style, and content:
A.
It shall be prepared by a Delaware registered professional
land surveyor, registered professional architect, registered landscape
architect, certified planner, or professional engineer (adherence
to design discipline registration shall be observed) at a scale no
smaller than one inch to 100 feet unless approved by the Planning
Director or designee and on a twenty-four-inch-by-thirty-six-inch
sheet.
B.
It shall provide all the pertinent information on
existing site conditions, property ownership and the like which may
be necessary for the Commission to properly consider the proposed
subdivision, and such information shall be accurate and reliable.
C.
It shall 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 plan shall be accurately drawn to scale, but surveyed dimensions
are not required.
D.
The preliminary plan shall be drawn in a clear and
legible manner and shall show all information as required by Appendix
A.[1]
[1]
Appendix A is included at the end of this chapter.
Statements explaining how and when the applicant
proposes to provide and install required water supply, sewers or other
means of sewage disposal, street pavements, buffers, curbs and gutters,
open space improvements, landscaping and drainage structures shall
accompany the preliminary plan.
