This Article provides the principles for the layout and design of subdivisions and land developments. Adherence to the provisions of this Article assures new developments are consistent with the County's planned community character by ensuring:

A.

The plan contributes to the development of the County as a community and is properly integrated into the surrounding neighborhood.

B.

The plan preserves or enhances the character and the quality of the County and neighborhood.

C.

The street, road, and pedestrian system is created in a manner that is safe and provides the best overall layout for the community, as well as the individual development.

D.

Subdivision plans conform to public improvement plans of the State, the County, and its cities and towns, such as through the proper provision of open space for recreation and other public use, and the convenient and proper location of sites for future schools, other public buildings, community facilities and shopping and industrial areas.

E.

Adequate water, sewer, stormwater systems, and other utilities are provided to serve the development without adversely impacting other portions of the system or properties.

F.

Developments are functional and internally safe to the greatest degree possible, without reducing the permitted density or increasing adverse impacts on the environment and adjoining properties.

G.

All requirements of this Code have been met.

H.

All subdivision plans are processed equitably according to the uniform procedures and standards delineated in the Code.

(Ord. No. 97-172, § 3(ch. 13, div. 20.000), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002)

The Department shall review subdivision plans against the following design standards. The purpose is to evaluate the design—more specifically, the manner in which uses, lots, drainage, and roads relate to the site and adjoining land. The purpose is not to review or modify the proposed use or intensity; these requirements shall be in accordance with the district in which the development is proposed. The Department may require that design modifications be made. The plan review standards are:

A.

Facilitate the conformance of subdivision plans with the public improvement plans of the County and of its cities and towns, such as the proper provision of open space for recreation and other public use, and the convenient and proper location of sites for future schools, other public buildings, community facilities, shopping and industrial areas.

B.

The subdivision plan shall protect the site's natural resources as provided by this Code, with highest quality resource areas having the highest preservation priority. In addition to meeting minimum Code requirements, plans shall reflect sensitivity to such ecological factors as: preservation of vegetation including protecting existing trees from destruction, minimizing of cut-and-fill operations, avoidance of erosion and consequent siltation of streams and drainageways, and other pertinent conservation measures.

C.

The subdivision plan shall provide for well-proportioned and oriented lots that relate properly to roads and open space. An awkward and irrational pattern of lots and individual lot shapes is to be avoided. No remnants or landlocked spaces without access to the vehicular/pedestrian circulation system will ultimately remain.

D.

The plan shall promote the best design for the use of the property in relation to the development's function and adjoining portions of the neighborhood.

E.

All street and circulation patterns shall provide for the safe, efficient, and convenient movement of vehicular and pedestrian traffic. Vehicular travel lanes, pedestrian movement systems, and parking should be separated. Within the context of overall community development, the internal circulation system should promote and encourage the increased use of pedestrian and bicycle movement among residential, local shopping, schools, and other areas. Road connections shall seek to avoid external automobile trips through the employment of superblocks, stub streets, connecting open space, bicycle-pedestrian ways, and other design techniques and devices.

F.

The drainage and utilities shall be efficiently integrated into the design and shall avoid off-site impacts.

G.

The subdivision landscaping layout shall promote the district's qualities and character. Bufferyard landscaping shall be located to achieve the screening objectives and, where possible, enhance open space objectives beyond the minimum requirements.

H.

The standards shall be reviewed to determine if modulations in zoning or infrastructure design would assist in improving the development's quality or preserve natural resources while maintaining density.

I.

The design standards are intended to permit plan modifications to improve design, but not to require site density reduction. The design review shall focus on revising the site plan by altering roads, lots, landscaping, or other plan elements and locations, not by altering development intensity.

(Ord. No. 97-172, § 3(ch. 13, § 20.110), 12-31-1997)

The following sections provide guidance in laying out streets in a development. The community shall be designed with a system of major and minor streets creating blocks of land.

(Ord. No. 97-172, § 3(ch. 13, div. 20.200), 12-31-1997)

Standards for blocks in subdivisions shall be as follows:

A.

Where possible, blocks shall be laid out to have their short length abutting arterials, collectors, or the development's major road. The length, width and shape of blocks should be determined with due regard to the provision of adequate sites for buildings of the type proposed, zoning requirements, topography, emergency services, utilities, and interconnection to adjacent parcels.

B.

Blocks should be, at minimum, such width as will provide two (2) tiers of lots, except where reverse frontage lots are located along an arterial or collector street or where such an arrangement is prevented by size, topographical conditions or other inherent site conditions of property, as determined by the Department.

C.

Blocks for commercial, office and industrial areas. Elements of design contained in this Section may vary if the nature of the use requires other treatment. In such cases, safe and convenient multi-model access to the street system shall be required. Space for off-street parking also may require similar access for employees and customers. Extension of streets and utilities should be provided as necessary.

D.

Blocks for residential, commercial, office or mixed-use style subdivisions or developments.

1.

A grid or other formal system is desired in which open spaces are integrated into the block design. Exceptions would be made for green spaces along drainage or stream channels, or where other natural resources make the grid difficult or cost prohibitive.

2.

Alleys are considered desirable in areas where lot sizes are less than twenty thousand (20,000) square feet in area. Where possible, alleys should be used to provide increased vehicular, bicycle, and pedestrian circulation and access, provide areas for utility installation, and allow interconnections to adjacent parcels.

3.

No sides less than two hundred forty (240) feet in length and no sides greater than six hundred (600) feet in length with a maximum perimeter of one-thousand eight hundred (1,800) feet shall exist. These distances will be measured from either right-of-way and parcel lines or development envelopes as appropriate.

4.

Shared use pathways may be placed generally perpendicular to the longest block dimension at mid-block in lieu of a street or roadway, with the approval of the Department. Landscaping along mid-block shared use pathways shall be provided as required by this Chapter.

E.

For development along designated byways, modifications to block design will be permitted for scenic viewshed protection where conservation design is utilized.

(Ord. No. 97-172, § 3(ch. 13, § 20.210), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 18-021, § 17, 7-10-2018; Ord. No. 22-072, § 8, 10-11-2022)

Design standards for lots in subdivisions shall be as follows:

A.

Except where explicitly permitted elsewhere in this Chapter, every lot shall have frontage along the right-of-way lines of a street.

B.

Reverse frontage residential lots should be avoided, except along arterial or collectors where aligning blocks to have side lot lines adjoining the main road is impractical or, as otherwise permitted by the Department, where it can be shown that other arrangements are necessary or desirable to relate building sites to the terrain or to provide better site utilization and building relationships.

C.

Sidelines of a lot should generally be set approximately at right angles or radial to street right-of-way lines, and rear lines should generally be approximately parallel to street lines. Acute angles or small projections should be avoided. However, different lot shapes will be permitted if they can be shown to be necessary or desirable to relate building sites to the terrain, open space, or if they provide better site utilization and building relationships.

D.

Lot lines shall follow County boundary lines rather than cross them, except where no other feasible method of development exists, as determined by the Department.

E.

In rural areas, lotting along existing roads should generally be such as to preserve the future developmental viability of interior lands by providing adequate road right-of-way access to the interior of properties.

F.

The arrangement of lots must reflect sensitivity to the natural features of a tract. Alternative development options, such as open space subdivision or planned developments, provide the design flexibility needed to reduce the intrusion of lot areas into wetlands, floodplains and other natural resources.

G.

Commercial and industrial lots should be designed to prevent any visually unattractive facility, such as loading platforms, material or refuse storage areas, mechanical equipment, and supply areas, from facing major streets or residential neighborhoods. Alley access or screening walls should be utilized to shield visually unattractive facilities.

H.

For development along designated byways, modifications to lot design may be permitted where an applicant incorporates conservation design and scenic viewshed protection. The applicant is encouraged to use conservation design techniques to locate buildings outside the scenic viewshed. Smaller lots, zero lot-lines and other flexible siting techniques are permissible provided the applicant demonstrates a logical configuration and contextually sensitive approach to lot sizes and setbacks.

(Ord. No. 97-172, § 3(ch. 13, § 20.220), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 22-072, § 8, 10-11-2022; Ord. No. 24-137, § 5, 12-10-2024)

A.

Open space shall be required in all major residential developments. Ownership of open space shall be transferred to a maintenance organization or governmental body pursuant to the provisions contained in Article 27. Open space shall not be further developed and shall serve one (1) or more of the following functional needs:

1.

Protection and preservation of natural resources and sensitive site features;

2.

Provision of active and passive recreation areas;

3.

Greenways and trail corridors;

4.

Wildlife habitats and migration corridors;

5.

Stormwater management;

6.

Preservation of historical and cultural resources;

7.

Agricultural uses;

8.

Viewshed and vista preservation, and;

9.

Bufferyards and landscaped areas.

Uses permitted by Table 40.10.210 may be allowed when they compliment and enhance the above functional needs.

B.

All major residential subdivisions shall contain open space designated as community area open space. In designating community area open space or landscaped surfaces as part of a subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant:

1.

Open space shall be separate parcels of land exclusive of streets and residential lots.

2.

An existing principal dwelling unit and a maximum of one (1) existing out building, where such structures are deemed historically and/or architecturally significant by the Department, may be included within open space area.

3.

Except for recreation activities, open space shall be substantially free of structures and paved areas.

4.

Open space designated for recreation may contain parking areas and access drives accessory to the open space and other such complementary structures and improvements that are necessary and appropriate for the benefit of the residents utilizing the land for recreation purposes. Such land shall be distributed through the development to best serve the residents.

5.

In subdivisions of thirty (30) dwelling units or more, an area or areas of useable open space shall be provided at a rate of one (1) acre per one hundred (100) dwellings units. Usable open space shall be centrally located, highly visible, and unconstrained by floodway areas, critical natural areas, wetlands or excessively forested areas. Additionally, the area shall be graded in such a manner to render it usable for active recreation purposes and shall not have slopes greater than five (5) percent. This provision does not require community area open space in addition to the requirements of this Chapter, but provides that a portion of the required open space shall be designed in such a way to render it usable for active recreation purposes.

6.

Open space shall be interconnected with open areas or greenways on abutting parcels wherever possible and may provide provisions for pedestrian pathways for general public use, to create linked pathway systems within the County, where appropriate.

7.

Open space may be used for stormwater management.

8.

A landscape plan/open space management plan specifying the landscaping/open space management requirements shall be required for all subdivisions involving the creation of community area open space.

9.

In subdivisions involving fifty (50) acres or more, designated open space shall be classified as natural resource area open space in addition to community area open space. Within these subdivisions both types of open space will be included on separate parcels and adhere to the following additional open space design standards:

a.

Natural resource area open space shall generally be large tracts of contiguous land including protected resources.

b.

Community area open space shall be smaller open space parcels not necessarily contiguous to the natural resource areas. Community area open space shall provide a benefit to residents of the subject subdivision and provide recreational opportunities .

c.

The configuration and arrangement of all open space shall emphasize interconnectivity within the subdivision and with adjoining public or private open spaces. Narrow or fragmented small open spaces shall be avoided unless necessary for a practical function.

d.

Natural resource area open space shall be contiguous to the greatest extent practicable within the subject subdivision and shall maximize the area in width to provide habitat linkages, enhance environmental resources and serve stormwater management functions. Fragmented natural resource area open space should be minimized to the greatest extent practicable to meet these standards.

e.

The requirements of Section 40.20.225.B shall be met. However, in cases where community area open space cannot satisfy the requirements of Section 40.20.225.B.5, the substitution of passive recreational activities within natural resource open space areas shall be reviewed by the Department. Only those passive recreational uses permitted in Table 40.10.210 shall be considered for approval.

f.

All areas required to be protected as resources per Table 40.10.010 shall be designated as natural resource area open space except when isolated resources exist and as approved by the Department.

g.

A natural resource area management plan shall be submitted to the Department for review and approval prior to the recordation of all major residential subdivisions involving the creation of natural resource area open space.

10.

In multi-family developments, the open space acreage requirements and design standards shall be provided except that the open space will be part of the developed parcel.

(Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 12-068, § 1, 1-8-2013)

All new streets not intended to be private in nature and widened portions of all existing dedicated public rights-of-way shall be dedicated to public use, subject to final inspection and acceptance by DelDOT. For local, collector or marginal access streets, construction and design of such streets or portions of streets shall be in accordance with the subdivision regulations of DelDOT. For arterial streets, construction and design of such streets or portions of streets shall be in accordance with the standards of DelDOT. Design standards for subdivision streets shall be as follows:

A.

Arterial and collectors. The location and function of proposed arterial and collector streets shall be coordinated with plans and proposals contained in the Comprehensive Development Plan, and the WILMAPCO and DelDOT Transportation Plans, as appropriate, and shall be designed in relation to existing and planned streets, topographical conditions, planimetric features, public convenience, and safety, and in appropriate relation to the proposed uses of the land to be served by such streets.

B.

Local streets. Local streets shall be designed to discourage through traffic. However, developments within superblocks shall be interconnected to reduce loadings on arterials and collectors. Marginal access streets should be provided where necessary, based on proposed uses and loadings.

C.

Nonresidential streets. Streets in commercial and industrial areas should be laid out so as to accommodate truck traffic, especially with regard to curb radii, intersection design, etc.

D.

Provision for widening. Building setbacks and orientation, curb cut locations, connections to streets, and internal vehicular circulation patterns should be designed with full consideration for future rights-of-way, future right-of-way widenings, interchanges and intersections.

E.

Parking. Commercial, industrial, and multi-family parking lots shall be designed with due consideration for proper traffic flow and channelization.

F.

Street connectors. Subdivisions shall be connected to each other to provide reasonable access within a superblock. The street connections shall follow the local circulation plan (Section 40.21.111). Whenever a street interconnection is proposed, the following notification requirements must be noted on the applicable plan:

1.

The developer or its assigns shall, during construction and before the first lot is sold, install a street sign to provide notice to potential purchasers of property along a proposed or planned interconnecting street that said interconnection is planned or proposed.

a.

Such signs shall be of a metal DelDOT regulation street sign and shall be placed at the end of the stub street in the right-of-way.

b.

The sign shall indicate "Street Connection to Future Development", as well as reference "New Castle County Department of Land Use" and the respective "instrument number" of the recorded plan depicting the interconnection.

c.

For projects where the interconnecting street is not constructed until future phases, the developer shall move the sign as necessary (to be determined by the Department) to the end of the stub street as construction occurs. The sign shall be removed once the interconnection is made.

d.

Photographic proof of installation and a signed affidavit must be provided to the Department prior to issuance of the first building permit.

2.

The developer or its assigns shall obtain written acknowledgement as a part of any agreement of sale from a prospective homebuyer as to awareness of the potential or planned street interconnection.

3.

The developer and/or its assigns shall append a notification to every new deed in every new subdivision stating the name of the subdivision, the instrument number of the subdivision, and the name of every street in the subdivision for which a future interconnection is proposed or planned.

4.

The developer and/or its assigns shall note on the record plan the planned or potential street interconnections and the aforementioned requirements to post signage, to obtain written acknowledgement of notice of the proposed connector street, and the requirement that the developer and/or its assigns furnish a copy of the record plan depicting the street interconnection(s) to every homebuyer in the subdivision.

5.

Failure to implement any action required by a record plan note shall be deemed to be a violation of the record plan, and shall be subject to all penalties and remedies contained in Division 40.31.900.

G.

Private streets. Private streets shall be permitted only in the SR and SE Districts, and in rural subdivisions (Article 24).

H.

Marginal access streets.

1.

A distance of ten (10) feet is required between the back of the curb of any marginal access street and the right-of-way line of the parallel principal road. Where both marginal access streets and the principal road are located within a common right-of-way, this requirement shall apply to the distance between pavement edges. If the principal road is an internal or collector street, the minimum distance between pavement edges shall be thirty (30) feet.

2.

Other requirements for marginal access streets are provided in applicable portions of the subdivision regulations of DelDOT.

I.

Alleys.

1.

Alleys are prohibited in subdivisions of single-family detached residences, except in the TN District.

2.

Alleys may be permitted in other types of residential subdivisions, provided the subdivider produces evidence to the Department of their benefit for the community.

3.

Where alleys are proposed in residential areas, they shall be at least twenty (20) feet wide and paved for a width of at least fifteen (15) feet.

4.

Where required, alleys in commercial or industrial districts shall have a minimum paved width of twenty-two (22) feet and, where necessary, corners shall be rounded or cut back to permit safe use by large vehicles.

J.

Culs-de-sac.

1.

A cul-de-sac proposed on a residential, commercial, office or mixed-use major land development plan shall be no greater than two hundred (200) feet in total length when measured from the right-of-way of the intersecting street to the right-of-way at the end of the cul-de-sac. The cul-de-sac may not serve more than sixteen (16) lots.

2.

A cul-de-sac proposed on an industrial or business park major land development plan shall be no greater than one thousand (1,000) feet.

3.

The length of the cul-de-sac abutting an area subject to essential access approval may be deducted from the calculation of the standard.

K.

Intersections. Where feasible, intersections shall be aligned with those in previously approved or completed developments.

L.

Transit passenger waiting shelters. Transit passenger waiting shelters shall be permitted in all zoning districts subject to the following requirements:

1.

A minimum required setback of one (1) foot from a curbline shall be maintained for all shelters.

2.

Shelters on corner lots shall comply with clear sight distances.

3.

Shelters to be located within a street right-of-way shall be approved by DelDOT.

(Ord. No. 97-172, § 3(ch. 13, § 20.230), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 20.230), 9-22-1998; Ord. No. 01-009, § 1, 6-12-2001; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-021, § 18, 7-10-2018; Ord. No. 21-009, § 5, 12-14-2021)

A.

Subdivision names, street names and street name signs for all subdivisions and public or private streets shall be in conformance with the regulations of DelDOT. When determining proper subdivision and street names for new roads in a subdivision or land development, the Department shall check with the County 911 staff, the post office in the City of Wilmington, and the post office nearest the street or road concerned, to determine that there is no conflict with the proposed names that would result in confusion in providing emergency services or in delivery of mail. The approved subdivision and street names shall be part of the record plan submission.

B.

The naming of unnamed existing public and private streets and roads in the County outside of municipalities shall be effected by resolution of Council. Before such names are submitted, the Department shall assure that there is no duplication as provided in Subsection A.

C.

A copy of all such resolutions adopted by Council shall be recorded by the Clerk of Council in the Office of the Recorder of Deeds in and for the County and indexed alphabetically by name. A copy of all such resolutions adopted by the County Council also shall be forwarded to the Department, DelDOT and the local post office.

D.

A common driveway or easement established for access purposes shall not be considered a street and shall not be eligible to be named.

E.

Installation of street name signs. To ensure that emergency vehicles can locate any new development, no certificate of occupancy shall be issued for a building located on any street until a street name sign for such street has been properly installed.

(Ord. No. 97-172, § 3(ch. 13, § 20.231), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 20.231), 9-22-1998; Ord. No. 09-066, § 11, 10-13-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Lot frontage requirements shall reflect the subdivision or land development conditions. These standards are intended to provide a reasonable building envelope on each lot. The following guidelines govern lot configuration (see Section 40.26.210):

A.

Where a grid street system exists, the lots should be as close to rectangular as feasible.

B.

In curvilinear street patterns, irregular lot shapes will result. The construction envelope is where the minimum frontage is needed; therefore, the lot width may not be narrower than the minimum frontage at any point of intersection within the envelope. The developer may have envelopes more restrictive than the minimum yard setbacks.

C.

Where topography, natural resources, or property shape make normal lotting difficult, common drives, flag lots, or shared easements shall be considered.

(Ord. No. 97-172, § 3(ch. 13, § 20.240), 12-31-1997)

While the County desires lot lines to be generally perpendicular or radial to the street, this provision should not lead to inefficiency in design, but rather require lots to be more than several percent larger than the district minimums. Lots with nonradial, nonperpendicular, or broken lot lines may be permitted where it leads to greater efficiency while still providing generally rectilinear building envelopes. More flexibility in this consideration shall be granted as lot sizes increase.

(Ord. No. 97-172, § 3(ch. 13, § 20.241), 12-31-1997)

Where required, all lots shall provide easements for sewer, water, drainage, gas, telephone, or cable TV necessary to serve the subdivision. Such easements shall be located in either street rights-of-way, alleys, side or rear yards. The following standards shall apply to easements:

A.

The utility easements shall be a minimum of twelve (12) feet wide. Easements which fall on shared side or rear lot lines shall be divided equally, requiring six (6) feet from each lot.

B.

Where attached housing types or patio lots are involved and yards are enclosed or very narrow, easements shall be placed in open space areas where maintenance will not disturb the enclosures.

C.

Drainage easements shall be placed on lots to convey surface water to storm sewers located on the street or in open spaces.

D.

The minimum lot size may include twelve (12) foot easements, except as provided in Subsection B, or where open space is protected on the lot by an easement, or where public access easements are provided, the areas in the conservation easement shall be in addition to the minimum lot size in Table 40.04.110 or Table 40.04.112.

E.

Surface drainage patterns shall be protected by easements or open space.

F.

If streets are intended to be dedicated to DelDOT, all DelDOT standards must be met.

G.

The Department of Public Works shall determine the size of required sewer easements. No other utility, tree, shrub, fence, structure or other man-made improvements (excluding paving) may be planted, erected, or constructed within a sewer easement, without the written approval of the Department of Public Works.

(Ord. No. 97-172, § 3(ch. 13, § 20.242), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-020, § 15, 7-10-2018)

To ensure all required improvements are completed, all subdivisions and land development plans shall be required to provide adequate surety for roads, utilities, drainage, stormwater management facilities, recharge basins, landscaping, open space completion, monuments, and other infrastructures and improvements shown on the record plan. Such surety shall be posted prior to the recording of a record plan. (See Division 40.31.800).

(Ord. No. 97-172, § 3(ch. 13, div. 20.300), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002)

The provisions of this Chapter are not intended to replace any deed restriction, covenant, easement, or any other private agreement on the use of land. All such restrictions shall be enforced by parties to the restriction. The County shall not enforce or become involved in the enforcement of private restrictions. The County shall only enforce provisions that are required by this Chapter or other provisions of this Code. If a provision of any County regulation is more restrictive than the private restriction, the County regulations shall prevail. Any provision that is contrary to the laws of the United States, Delaware, or New Castle County is hereby deemed to be unenforceable.

(Ord. No. 97-172, § 3(ch. 13, § 20.410), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

During the planning of a property, the County may require the granting of a variety of easements on private property or lots. These easements may be for any of the following purposes: drainage, utilities, access to public utilities or drainage areas, and conservation easements. The County shall have the right to remove any encroachment, structures, landscaping, or any other improvements placed upon such public easements. The County may assess the cost of removing the illegal improvements against the landowner.

(Ord. No. 97-172, § 3(ch. 13, § 20.420), 12-31-1997)

The following shall be used for mapping natural resources or other features of plans:

A.

Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds, lakes, ponds, and tidal wetlands are subject to the regulations of this resource.

B.

Initial identification of the watercourses/water bodies shall be made using National Hydrographic Dataset (NHD) utilized by the United States Geological Survey or more accurate information, as available. Field verification to determine evidence and location of channelized flow is required for a specific determination.

C.

Measurements for the boundary are to be made horizontally, perpendicular from the following reference points: top of bank of perennial streams; centerline of intermittent streams; mean water level of lakes, ponds, and tidal wetland; boundary of the floodplain and wetland as determined by this Division.

D.

Measurements shall be made at appropriate intervals perpendicular to these reference points so as to accurately reflect the character of the adjacent land.

E.

Boundaries that are dependent on elevation shall be based on on-site, one (1) foot contour intervals.

F.

The area within existing impervious area such as roadways, parking lots, structures, sidewalks, etc., shall not count towards the area of any natural resource.

G.

Measurements of forest area shall be made based on the exterior Critical Root Zone (CRZ) of the trees.

H.

Final determination of the boundaries of the RBA district shall be made by the Department.

(Ord. No. 97-172, § 3(ch. 13, § 20.510), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 21-009, § 6, 12-14-2021)

Permanent stone or concrete monuments shall be accurately placed in the boundary (perimeter) of the property being subdivided at the intersection of all lines forming angles and at changes in directions of lines, except that when streams or other watercourses are property boundaries, monuments shall be offset and shall be connected with fully described tie lines and the stream boundary line shall include a plus or minus distance. The following rules shall apply:

A.

If an adjacent property owner refuses to permit a boundary (perimeter) monument to be placed or if a planting or structure obstructs the location where a boundary monument is to be placed, the monument may be offset and shall be connected with fully described tie lines.

B.

All streets shall be monumented along one right-of-way line at the following locations:

1.

At least one (1) monument at each street intersection.

2.

At changes in direction of street lines, excluding curb arcs at intersections.

3.

At each end of each curved street line, excluding curb arcs at intersection.

4.

An intermediate monument wherever topographical or other conditions make it impossible to sight between two (2) otherwise required monuments.

5.

At such other places along the line of streets as may be determined by the Department to be necessary so that any street may be readily defined in the future.

C.

The placement of all monuments shall be certified by a registered land surveyor. The scored point, marked by an indented cross in the top of the monument or a drill hole, not to exceed one-quarter (¼) inch in diameter, shall coincide exactly with the point of intersection of the lines being monumented.

D.

Monuments shall be set with their top level at the finished grade of the surrounding ground except:

1.

Monuments placed within the lines of existing or proposed sidewalks shall be so located, preferably beneath the sidewalks, such that their tops will not be affected by lateral movement of the sidewalk.

2.

Where monuments are located beneath a sidewalk, proper access shall be provided for their use.

E.

Any monuments that are removed must be replaced by a registered land surveyor at the expense of the party removing them.

F.

One (1) permanent marker per lot shall be accurately placed so as to locate lot corners.

G.

The placement of monuments shall occur as follows:

1.

Nonresidential developments, institutional uses and multi-family dwellings.

a.

Exterior perimeter monuments shall be set and certified by a registered land surveyor prior to the issuance of the first certificate of occupancy for a use subject to a record plan.

b.

Interior street monuments for streets established by a record plan shall be set and certified by a registered land surveyor prior to the release of the road bond or other surety.

c.

Permanent corner markers shall be set and certified by a registered land surveyor prior to the issuance of the certificate of occupancy for a lot which is established by a record plan.

2.

Residential subdivisions and land developments.

a.

Exterior perimeter monuments shall be set and certified by a registered land surveyor prior to the issuance of more than seventy-five (75) percent of the building permits within a major subdivision.

b.

Interior street monuments shall be set and certified by a registered land surveyor prior to the release of the road bond or other surety within a major subdivision.

c.

Permanent corner markers shall be set and certified by a registered land surveyor prior to the issuance of the certificate of occupancy for each individual lot within any major or minor subdivision.

H.

Applicable escrow for monuments are calculated pursuant to the provisions of Division 40.31.800.

(Ord. No. 97-172, § 3(ch. 13, § 20.520), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 20.520), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002)