It is the intent of the following subdivision
regulations to reduce unnecessary burdens for minor land subdivision
and at the same time require appropriate land use review and approval
of any new or proposed road, subdivisions, or land development before
it is invested in recordation by Kent County. The following land use
actions may be approved administratively, unless otherwise determined
by the Director of Planning Services or designee.
A minor subdivision is one that creates a total
of five or fewer parcels of land (including any residual) either on
an existing public roadway or on a private road and may be approved
administratively, provided:
A.
Minor lot line adjustments or the sale or exchange
of part of a lot between owners of adjacent lots for the purpose of
small adjustments in boundaries may be approved administratively,
provided:
(1)
The total area of the adjustment does not exceed 10%
of the combined area of the lots affected by the adjustment;
(2)
No additional lots are created;
(3)
The adjusted lot line is approximately parallel with
the original lot line, when appropriate, or, if it is proposed to
intersect with the original line, it does not significantly change
the shape of the lots involved;
(4)
The owner submits a sketch plan for review and approval
by the Commission's staff. The sketch plan may be a copy of the existing
record plan and must contain all of the information as required by
Appendix C at the end of this chapter.
B.
Approval of the sketch plan does not automatically
transfer property. A separate deed must also be recorded simultaneously
to transfer the property being conveyed.
C.
The Director of Planning Services or designee may
permit an increase in the percentage of the combined area of the lots
affected by the lot line adjustment following a request for such with
justification from the applicant.
The consolidation of two or more lots may be
approved administratively, provided:
A.
Any conditions applicable to any applicable original
subdivision remain in full force and effect;
B.
The consolidation of lots, including those within major subdivisions, shall be recorded as provided in § 187-33 below and may not be resubdivided except through minor subdivision;
C.
A revised deed must also be recorded simultaneously
with the consolidation describing the lots as one lot; and
D.
The owner submits a sketch plan for review and approval
by the Commission's staff. The sketch plan may be a copy of the existing
record plan, which must contain all information as required by Appendix
C at the end of this chapter.
The creation of mortgage, or lease line within
a commercial, industrial, or multifamily residential lot does not
require the approval of a new subdivision plan. At the owner's discretion,
a plan depicting the creation or deletion of internal lots to reflect
a new mortgage or lease line may be recorded after administrative
approval, provided:
A.
All prior conditions of approval for the original
subdivision remain in full force and effect;
B.
Any necessary cross-easements, covenants, or other
deed restrictions necessary to perpetuate previous approvals must
be executed prior to recording the record plat;
C.
The owner submits a sketch plan for review and approval
by the Commission's staff. The sketch plan may be a copy of the existing
record plan, which must contain all information as required by Appendix
C at the end of this chapter.
A.
The application must be submitted by the legal owner
of the subject property, or a representative authorized by the legal
owner, to the Department and must consist of the following:
(1)
Two paper prints of the subdivision plan and any attachments,
including the approved checklist;
(2)
A review fee, which shall be set from time to time
by ordinance of the Levy Court. The current fee schedule is on file
in the Levy Court Administration offices;
(3)
In the case of a minor subdivision, for each proposed
lot not served by public sewer, a site evaluation report approved
by DNREC containing a plot drawing on a project plan or an approved
septic system permit for each lot;
(4)
Parcels created that do not meet the minimum requirements
for building lots must be incorporated into an adjacent property.
Such incorporation must be indicated on the plan and the following
note shall be added to the plan: "The approval of this subdivision
plan does not constitute a separate building lot but is intended to
be combined with an adjacent property;"
(5)
Neither landlocked parcels nor parcels not meeting the requirements for a buildable lot according to Chapter 205, Zoning, may be created without designation of conveyance to another parcel. A deed for the conveyance must be submitted with the record plan and recorded simultaneously with the plan;
(6)
For minor subdivisions, letters of "no objection to
recordation" must be submitted or a stamp of approval must be on the
record plat from, but not limited to, the following agencies:
(7)
A set of deed restrictions and/or perpetual maintenance
agreement that clarifies and controls the operation and maintenance
of any private facilities (private streets, access easements, etc.);
and
(8)
Any additional information that the Department deems
pertinent to this subdivision plan.
B.
The Director or designee may waive any submission requirement, design standard, or required improvement, whether contained in this section or elsewhere in Chapter 187, that is not applicable to the application or where it can be shown that strict compliance with the standards of this chapter would result in extraordinary hardship to the applicant because of unusual topography or other conditions which are not self-imposed or that these conditions would result in inhibiting the achievement of the objectives of these regulations. Such waiver shall be a minimal easing of the requirements and may not have the effect of nullifying the intent and purpose of this chapter or Chapter 205, Zoning, or be contrary to the goals and objectives of the Comprehensive Plan. The applicant shall make any request to waive a submission requirement in writing and submit it with the application with justification for said waiver. Should the Director or designee deny such a waiver request, the applicant shall have the opportunity to file a written appeal of such decision with the County Administrator who may uphold or overturn the decision of the Director after review and consideration. For any such appeal filed with the County Administrator, the County Administrator shall issue a written determination of final administrative decision. Any applicant aggrieved of final administrative decision may appeal to the Regional Planning Commission for consideration of the waiver at the next available business meeting agenda. All approved waivers shall be noted on the record plat.
[Amended 5-28-2013 by Ord. No. 13-08; 9-24-2019 by Ord. No. 19-17]
C.
If the subdivision plan is approved by the Department,
the plan will be signed by the Director of Planning Services or designee
and returned to the applicant for recordation. One copy of the approved
plan will be kept on file in the Department.
D.
A final record plat must be submitted to Department
within 90 days after sketch plan approval or the sketch plan is no
longer valid.
E.
The Recorder of Deeds shall record no subdivision
within the unincorporated area of the County unless the Kent County
Department of Planning Services has approved it as provided herein.
F.
If the Director of Planning Services or designee does
not approve the subdivision, the Director or designee shall furnish
the applicant with a written statement of explanation.
G.
Transactions involving acquisitions of public rights-of-way
pursuant to 17 Del. C. 137 and all land acquired by the exercise of
the power of eminent domain or by voluntary agreement in lieu of the
exercise of the power of eminent domain are exempt from the provisions
of this article.
