Delmar City Zoning Code
ARTICLE XXV
Subdivisions
§ 10-182 Policy.
A.
Land subdivision is the first step in the process of community development. Once land has been cut up into streets, lots and blocks and publicly recorded, the correction of defects is costly and difficult. Subdivision of land sooner or later becomes a public responsibility, in that roads and streets must be maintained and various public services customary to urban areas must be provided. The welfare of the entire community is thereby affected in many important respects. It is, therefore, in the interest of the public, the developer and the future owners that subdivisions be conceived, designed and developed in accordance with sound rules and property standards.
B.
It is the policy of the Town of Delmar that the subdivision or resubdivision of land within the Town of Delmar shall be accomplished in such manner that it will improve the standards of living or working within the Town, that no undue financial burden will be created for the taxpayers of the Town, nor will the public works facilities of the Town be overloaded beyond their rated capacity. Such subdivision or resubdivision shall comply with the precepts of good planning, the preservation of open space and prevent the pollution of air, earth or water. It shall also be the policy of the Town of Delmar that all areas approved for development shall be served by all utilities available in the area developed, whether furnished by the Town of Delmar or private utility companies.
§ 10-183 Applicability.
B.
All municipal facilities and essential services (e.g., streets, water, sewer and stormwater management) shall be installed and maintained in accordance with all related requirements specified in this chapter, the current Town of Delmar Construction Standards and Specifications, and any (and all) public works agreement(s) by the Town of Delmar.
§ 10-184 Exceptions.
The following lands are not covered by this chapter:
A.
The transfer of a lot or parcel of land established by deed or plat recorded among the Land Records of Wicomico County, Maryland, or Sussex County, Delaware, prior to the effective date of this chapter.
B.
A bona fide division or partition of agricultural land of five acres or more not for development purposes.
§ 10-185 Existing subdivisions.
A.
Policy. Undeveloped sections of platted subdivisions constitute a special problem for both the landowner and the Town. Such areas, when ready for development, should not be a major financial burden to the Town and should, as nearly as possible, conform to current planning and zoning standards without imposing undue hardship upon the landowner. Necessary easements or rights-of-way for stormwater drainage and widening of substandard streets must be obtained as part of the development process.
B.
Owner responsibilities. The owner of a lot or lots upon which a single structure is to be erected, the owner of a group of lots upon which structures are to be erected, and the owners of a group of lots when applying for resubdivision or for building permits shall agree to the following:
(1)
If owner's lot(s) abuts a substandard street, convey by deed to the Town the substandard part of each street upon which the owner's lot(s) abut, to include all the street frontage of such lots, and street widening as shall be required by the Town.
(2)
Convey by deed to the Town easements for utilities across owner's property as shall be required by the Town.
(3)
In the event of a resubdivision, the developer shall provide preliminary and final plats as set forth under the procedural provisions in this chapter. Resubdivided lots shall meet the minimum standards of this chapter for the district in which they are situated.
(4)
Convey by deed to the Town land for cross streets between parallel streets and land for a turning circle at the end of dead-end streets as shall be required by the Town. (The turning circle may be temporary if the platted street extends beyond the owner's last lot.)
§ 10-186 General requirements; minimum design standards.
A.
Streets and sidewalks. As well as the following requirements, all new subdivisions shall meet the minimum standards specified in Article XXIII, Street and Sidewalk Standards.
(1)
Uniform planning for roads and streets. The developer is encouraged to consider applicable sections of the Comprehensive Plan when determining the location and type of streets and roads within or abutting the proposed subdivision. If plans have been made by the Town for highway improvements, as shown on the Highway Improvements Map in the Comprehensive Plan, due consideration should be given to such plans in the design of the subdivision.
(2)
Relation to adjoining street system. The proposed street system shall extend existing streets or roads at the same or greater width, but in no case less than the required minimum width.
(3)
Additional widths on existing streets. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to meet the minimum street width requirements.
(a)
The entire right-of-way shall be provided where any part of the subdivision is on both sides of the existing street.
(b)
When the subdivision is located only on one side of the existing street, half of the required right-of-way, measured from the center line of the existing roadway, shall be provided.
(5)
Street grades. Grades on major streets shall not exceed 4%. Grades on other streets may exceed 4%, but not 6%.
(6)
Horizontal curves. Where a deflection angle of more than 10° in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets 50 feet or more in width, the center-line radius of curvature shall be not less than 150 feet.
(7)
Intersections. The angle of intersection of streets shall not vary by more than 15° from a right angle. Property line radii at residential street intersections shall not be less than 20 feet. Where residential streets intersect collector streets property line radii at such intersections shall not be less than 25 feet. Intersections with major highways minimum property line radii shall be 30 feet. Whenever necessary to permit the construction of a curve having a desirable radius without curtailing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such construction.
(8)
Tangents. A tangent of a least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(9)
Street jogs. Street jogs with center line offsets of less than 155 feet shall not be allowed.
(10)
Dead-end streets.
(a)
Minor terminal streets or courts designed to have one end permanently closed shall be no more than 400 feet long unless necessitated by topography. They shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 45 feet.
(b)
Where, in the opinion of the Town, it is desirable to provide for street access to adjoining property, proposed street shall be extended by dedication to the boundary of such property. Such dead-end street shall be provided with a temporary turnaround having a roadway diameter of at least 45 feet.
(11)
Private streets and reserve strips. There shall be no private streets in any subdivision. However, developers may use private alleys to provide secondary access to subdivision lots (see Article XXIII, Street and Sidewalk Standards, for details). Every subdivided property shall be served from a publicly dedicated street. There shall be no reserved strips controlling access to streets, except where the control of such strips is definitely placed with the community under conditions approved by the Town.
(12)
Street names. Proposed streets that appear to be extensions of already existing streets shall bear the name of the existing street that is being extended. In no case shall the name for proposed streets duplicate, actually or phonetically, existing streets, irrespective of the use of the suffix (street, avenue, boulevard, driveway, place or court). Through its index list of street names on file, the Town can assist the developer in avoiding duplications.
B.
Blocks.
(1)
Length. Blocks should not be less than 300 feet nor more than 1,200 feet in length, except as the developer and the Town both agree is necessary to secure efficient use of land or desired features. In blocks over 7,000 feet in length, the Town may require one or more public cross walks at the locations deemed necessary.
(2)
Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets or prevented by topographical conditions or size of the property, which case the Town may approve a single tier of lots of minimum depth.
C.
Lots.
(1)
Arrangement. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front upon a public street or road.
(2)
Minimum size. Developers are encouraged to suggest the size, shape and orientation of lots as deemed appropriate for the type of development being proposed; but these details shall ultimately be subject to Town approval.
(a)
The minimum size, width of lots and setback lines shall in no case be less than the minimum requirements of any zoning ordinance in effect.
(b)
The Town shall require, in the case of lots to be served by a private sewage disposal system, that soil percolation tests be made. If such percolation tests do not meet the standards provided in regulations, such lot shall be deemed an unbuildable lot and shall not be recorded as a lot, or the Town may require such greater area to be provided for private sewerage disposal as will eliminate potential health problems.
(c)
Lots to be served by private wells or a private source of water supply shall be approved by the Town as to size and buildability in accordance with standards for such private water supply set forth in current governing regulations.
D.
Public use and service areas. Due consideration shall be given to the allocation of the following areas, which shall be suitably located and of adequate size for local or neighborhood use, as well as public service areas.
(1)
Public open spaces. Where a school neighborhood park or recreation area, or public access to water frontage shown on an Official Map or in a plan made and adopted by the Town, is located in whole or in part in the applicant's subdivision, the Town may require the dedication or reservation of such open space within the subdivision for water frontage of the plat, for parks, schools or other recreation purposes; provided, however, that within one year of the final approval of the plat the Town of Delmar shall pay unto the developer the fair value thereof or, if unable to agree upon the fair value thereof, the Town of Delmar shall file action in the Circuit Court for Wicomico County, Maryland, or the Superior Court, Delaware, to condemn said property for the purposes aforesaid and, if the above action is not taken within the one year period aforesaid, the developer may proceed to subdivide the areas reserved as building lots in conformity with the provisions of this chapter.
(2)
Easements for utilities. Except where alleys are permitted for the purpose, the Town may permit easements, at a width to be determined by the Town Engineer, for poles, wires, conduits, storm and sanitary sewers, gas, water and other utility lines, along all front lot lines, along all rear lot lines, alongside lot lines, if necessary, or if, in the opinion of the Town, advisable, easements of the same or greater width may be required along the lines of or across lots for the extension of existing or planned utilities.
(3)
Community assets. In all subdivisions, due regard should be shown for all natural features, such as large trees, watercourses, historical spots and similar community assets, which, if preserved, will add attractiveness and value to the property.
E.
Suitability of the land. The Town shall not approve the subdivision, or any portion thereof, if the Town determines that the land is subject to flooding or is topographically unsuitable for residential occupancy or for such other use as may increase danger to health, life or property. Such land within the plat shall be set aside for such uses as shall not be endangered by flooding or shall not produce the above mentioned unsatisfactory living conditions.
F.
Large tracts or parcels. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
G.
Zoning or other regulations. No final plat of land within the force and effect of an existing ordinance will be approved unless it conforms to such ordinance. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in other ordinances, building code[1], or other official regulations, the highest standards shall apply.
H.
Waiver. The Town may waive specifications or supplementary data required by this chapter for a preliminary plan or final plat whenever such specifications or data are not necessary for the consideration of the plan or plat by the Commission and other public agencies.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
§ 10-187 Required improvements.
A perfectly prepared and recorded subdivision or plat means little to a prospective lot buyer until he or she can see actual physical transformation of raw acreage into lots suitable for building purposes and human habitation. Final approval of a subdivision final plat shall be conditional until certification that required improvements are complete. The following tangible improvements are required before lots may be transferred in a subdivision and/or any building permits issued for construction thereon.
A.
Monuments.
(1)
Concrete monuments, four inches in diameter or square, three feet long, with a flat top, shall be set at all street corners, at all points where the street lines intersect, at the exterior boundaries of the subdivision and at right angle points and points of curve in each street. The top of the monument shall have an indented cross to identify properly the location and shall sit flush with the finished grade.
(2)
At the time of sale or transfer of said lots, the lot corners shall be marked with iron pipe not less than 3/4 inches in diameter and 24 inches long and driven so as to be flush with the finished grade.
B.
Grading. All streets, roads and alleys shall be graded to their full width by the developer so that pavements and sidewalks can be constructed on the proper plane. Due to special topographical conditions, deviation from the above will be allowed only with special approval of the Town.
(1)
Preparation. Before grading is started, the entire right-of-way area shall be first cleared of all stumps, roots, brush and other objectionable materials and all trees not intended for preservation.
(2)
Cuts. All tree stumps and other obstructions shall be removed to a depth of two feet below the subgrade.
(3)
Fill. All suitable materials from roadway cuts may be used in the construction of fills, approaches or at other places as needed. Excess materials, including organic materials, soft clay, etc., shall be removed from the development site. The fill shall be spread in layers not to exceed eight inches loose and compacted by a pneumatic tired roller or by a sheepsfoot roller. The filling of utility trenches and other places not accessible to a roller shall be pneumatically tamped but, where water is used to assist compaction, the water content shall not exceed optimum of moisture.
C.
Stormwater and drainage facilities.[1]
(1)
General requirements. The developer, at the time of presenting the preliminary plat for approval, shall provide an adequate plan for the disposal of all stormwater in the proposed subdivision, which shall be subject to the approval of the Town upon recommendation by the Town Engineer. Development in areas of extremely poor drainage should be discouraged.
(2)
Nature of stormwater facilities.
(a)
Location. The applicant may be required, upon recommendations by the Town Engineer, to facilitate the removal by pipe or open ditch of any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of-way, where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with standards and specifications established by the Town of Delmar.
(b)
Accessibility to public storm sewers.
[1]
Where a public storm sewer is available within 500 feet of the boundary of the subdivision the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwater, subject to the specifications of the Town of Delmar. However, in subdivisions containing lots less than 15,000 square feet in area and in business and industrial districts, underground storm sewer system shall be constructed throughout the subdivisions and be constructed to an approved outfall.
[2]
If a connection to a public storm sewer will be provided eventually, as determined by the Town, the developer shall make arrangements for future stormwater disposal by a public utility system at the time the plat receives final approval. Provisions for such connection shall be incorporated in the Public Works Agreement.
(3)
Dedication of drainage easements.
(a)
General requirements. 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 to the lines of such watercourse, and of such a width and construction, or both, as will be adequate for the purpose.
(b)
Drainage easements.
[1]
Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements shall be provided across property outside the road lines and with satisfactory access to the road as recommended by the Town Engineer. Easements shall be indicated on the plat.
[2]
When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured by the developer and indicated on the plat.
[3]
The applicant shall deed, either in fee or by drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the Town.
[4]
Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedure nor for computing the area requirements of any lot.
[1]
Editor's Note: The Delmar, Maryland, and Delmar, Delaware, stormwater management requirements are governed by two separate government entities. Delmar, Maryland, is governed by the municipality and Delmar, Delaware, is governed by Sussex County, Delaware. Please inquire with the appropriate governing body for the applicable laws, ordinances, rules, etc.
D.
Stabilization. The subgrade may be stabilized by one of the following methods:
(1)
Gravel. Place no more than four inches (compacted thickness) bank run gravel to which has been added no less than 150 pounds per square yard SRC Maryland No. 3 graded blast furnace slag and shaped to meet the approval of the Town Engineer.
(2)
Selected borrow stabilized with graded aggregate. Four inches compacted thickness) of select borrow may be used to which has been added no less than 150 pounds per square yard of SRC Maryland No. 3 graded blast furnace slag or other suitable material as specified by the Town Engineer. This base material must be mixed, blended, and shaped with Seaman Mixer or equal, and compacted by pneumatic tired roller until a dense, true and firm subgrade has been obtained that will not rut under normal traffic use.
(3)
Bank run borrow stabilization with graded aggregate. Borrow meeting these specifications may be used to which has been added no less than 150 square yards of SRC Maryland No. 3 graded blast furnace slag or other material as specified by the Town Engineer. This base material must be mixed, blended, and shaped with seaman mixer or equal, and compacted by pneumatic tired roller until a dense, true and firm subgrade has been obtained that will not rut under normal traffic use.
E.
Roadway surfacing. The developer shall have the streets in the subdivision hard surfaced in accordance with approved Town standards with the costs to be established in the public works agreement.
F.
Curb and gutter. Curb and gutter in accordance with Town Standards shall be placed by the developer on both sides of all new streets in all subdivisions prior to road surfacing.
G.
Water supply facilities.
(1)
Public water available.
(a)
Where a public water main is located within 500 feet beyond the boundary of the subdivision, the developer shall, upon recommendation of feasibility of the Town Engineer, extend the main and install adequate water facilities (including fire hydrants) to serve all lots shown on the subdivision plat, subject to the specifications of the state and local authorities.
(b)
The sizes of water mains, the location and types of valves and hydrants, the amount of soil cover over the pipes and other features of the of the installation shall be approved by the Town Engineer and shall conform with accepted standards of good practice for municipal water systems.
(2)
Public water not available.
(a)
If a public water system is not available within 500 feet of the boundary of the subdivision, or if connection is not feasible according to Town Engineer, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision, in accordance with Health Department requirements.
(b)
If the Town requires that an individual well or central water system be eventually connected to a public water main, the applicant shall make arrangements for the future public water service at the time the plat receives final approval. Performance or cash bonds may be required to insure compliance.
(3)
Fire hydrants. Fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure and shall be approved by the Town Engineer. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements, shall be installed before any final paving of a street shown on the subdivision plat.
H.
Sanitary sewer facilities.
(1)
Public system availability. Sanitary sewerage system shall be constructed as follow:
(a)
Where a public sanitary sewerage is located within 500 feet of the boundary of the subdivision, then the developer shall, upon recommendation of feasibility by the Town Engineer, extend the main to the subdivision and provide sewers accessible to each lot in the subdivision.
(b)
Where public sanitary sewerage systems are not located within 500 feet or if connection is not feasible according to the Town Engineer but will become available within a reasonable time (not to exceed 10 years), the applicant may choose one of the following alternatives:
[1]
Central sewerage system, the maintenance cost to be assessed against each property benefited. Where plans for future public sanitary sewerage systems exists, the applicant shall install the sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public mains; or
[2]
Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of public sewer system, where such exist, and shall be ready for connection to such public sewer main.
(c)
Where sanitary sewer systems are not located within 500 feet and will not become available for a period in excess of 10 years, individual disposal systems or central sewerage systems may be permitted at the discretion of the Town with the approval of the state and county health authorities.
(2)
Mandatory connection to public sewer systems. If a public sanitary sewer is placed in a street or alley abutting upon property, the owner thereof shall be required to connect to said sewer for the purpose of disposing of waste, and it shall be unlawful for any such owner or occupant to maintain upon any such property and individual sewerage disposal system.
(3)
Individual disposal system requirements. If public sewer facilities are not available an individual disposal system shall be determined by percolation tests and requirements of the state and county health authorities.
I.
Conformance to comprehensive water and sewerage plan. Whenever the Town shall have officially adopted a comprehensive water and sewerage plan, or any part thereof, then the developer shall conform to that plan.
J.
Street name signs. Appropriate street signs also add sales value to land subdivisions and enable strangers, delivery concerns and even potential lot buyers to find their way around. Street names shall appear at all intersections. Upon request, the Town will aid the developer with specifications for the construction, placing and setting of such signs.
K.
Street trees. Street trees are a protection against excessive heat and glare and enhance the attractiveness and value of abutting property. The Town will assist the developer in location of trees and species to use under varying conditions. It is recommended that trees be planted inside the property lines where they are less subject to injury, decreasing the chance of motor accidents and enjoying more favorable conditions for growth. If trees are to be planted within a planting strip in the right-of-way, their proposed locations and spaces to be used must be submitted for the Town's approval since the public inherits the care and maintenance of such trees.
L.
Sidewalks. For the protection of pedestrians and of children at play, installation of sidewalks by the developer shall be required. They shall abut on the property line and shall not be less than four feet in width and four inches in thickness. At depressions for vehicular entrance, all sidewalks shall be of six-inch minimum thickness. If the sidewalk is not on the bed or the street as provided in § 10-169, Sidewalk Standards, then the front face of the sidewalk shall abut on the property line.