Before taking any action on any proposed amendment, supplement, or change, the Town Commissioners shall submit the same to the Planning Commission for its recommendations and report, unless, by unanimous vote, the Town Commissioners present decide that the change proposed is not significant.

The Planning Commission shall report within 120 days after the first meeting of the Planning Commission after the proposal has been referred to the Planning Commission, provided further that a one-time extension of up to 60 days may be requested in writing by motion of the Planning Commission to the Town Commissioners, who shall grant the request, unless the Town Commissioners find the request to be arbitrary or capricious. In order to finalize a report on the proposal, said report or request for extension shall be given at the next Town Commissioners meeting after the end of the time period or extension period. Failure of the Planning Commission to report within the time frames specified above shall be deemed a recommendation of approval.

The Planning Commission shall hold a public hearing on any proposed amendment, supplement, or change before submitting its report to the Town Commissioners and for this purpose may request the submission of all pertinent data and information by any person concerned.

Before acting on any proposed amendment, supplement or change, the Town Commissioners shall hold a public hearing thereon in accordance with 22 Del. C. § 304.

A submission for subdivision or land development approval shall be considered a duly filled application only when all required information, including plans, studies, forms, permits, completed application, and fees, is submitted to the Town Commissioners. The Town shall have five working days from the date of the submission to check the submission to determine if, on face value, it is in proper form and contains the required information. If complete, the date of the submission shall be considered the date the application was duly filed. If the submission is found to be incomplete or defective, a statement of rejection itemizing the deficiencies will be mailed to the applicant within five working days and the submission will be returned. Acceptance for filing shall not constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision made under this section to the Town Commissioners. Submissions for approval of a subdivision or land development plan shall be submitted to the Town Building Code Official during normal working hours. The Town Building Code Official, upon completion of his acceptability review, will then send copies of the submission to the Town Planner and Town Commissioners for review.

The Town Commissioners shall review the final site plan for compliance with the requirements of the Commissioners and this chapter. The final site plan shall be amended accordingly and shall be placed on record after such approval.

The number of hard copies required for each submission is as follows, with a date stamp furnished on all plan sheets:

The Town Commissioners may also request electronic copies in Adobe Acrobat format of all submission materials, at their discretion.

Name of the subdivision or development.

Name and address of the owner and applicant.

Name and address of the engineer or surveyor who prepared the plan. Plans shall show the seal and signature of a registered Delaware land surveyor and/or professional engineer on all drawings.

Written and graphic scale, not exceeding one inch equals 50 feet for sheets 24 inches by 36 inches or sheets 24 inches by 42 inches.

Sheet size, refer to § 185-75B(3).

North arrow.

Plan legend.

Date of the original plan and all subsequent revision dates.

Proposed changes in zoning, if any.

Sheet number, if multiple sheets are used.

A location map with a scale of no less than one inch equals 500 feet indicating adjacent streets. Existing and surrounding zoning district boundaries will also be shown.

Certification of plan accuracy by engineer/surveyor.

Certification of ownership.

Certification of plan approval.

Tax parcel numbers.

Zoning district of the subject tract.

Source of title.

Survey datum and local benchmark.

Total site gross and net acreage.

Name of water supplier and the note "Water supply is subject to the State Department of Natural Resources and Environmental Control and the Delaware Department of Health."

Sanitary sewage disposal method.

Number of existing and proposed lots or dwelling units.

Lot numbers for all existing and proposed lots.

Existing and proposed nonresidential gross floor area.

Location of existing and proposed building and structures.

The name, right-of-way width and cartway width of all adjoining streets.

Tie-in distances from subject property to the nearest street intersection.

Location of front, side; and rear yard setbacks and all required buffer yards.

Location and dimensions of all existing and proposed sidewalks.

Calculation of required off-street parking spaces and number of existing and proposed spaces.

Location of off-street loading areas.

Location of all existing and proposed site accesses and entrance driveways.

Location and design of all proposed off-street parking areas, indicating parking space and access aisle dimensions and directional arrows indicating proposed traffic circulation patterns.

Approximate number of dwelling units to be included in each type of housing provided.

Proposed buildings and structures with dimensions, setbacks and heights designated.

Approximate location and size of recreational and open space areas.

Approximate location of point of ingress and egress to existing public highways.

The number of construction phases proposed, if any, with the plot showing the approximate boundaries of each phase, and the proposed completion date of each phase.

Existing and proposed building coverage.

Existing and proposed impervious coverage.

Name and address, tax parcel numbers and zoning of all adjoining property owners.

Location of any water bodies and watercourses.

Location of any floodplains, including FEMA map panel number.

Location of any wetlands areas.

Location and identification of any historic structures.

Location of all significant natural or man-made structures.

Existing and proposed deed restrictions, easements or protective covenants.

Grading plan indicating existing contours (at two-foot intervals), proposed grading, spot elevations and finished floor elevations and top and bottom of wall elevations for any retaining walls over two feet.

Limit of existing tree masses and location, size and species of all individual trees over six inches' caliper.

A limit of disturbance line.

A soil erosion and sediment control plan.

Stormwater management plan.

Solid waste management plan.

Landscape plan. Plans shall show the seal and signature of a registered Delaware landscape architect on all drawings.

Lighting plan.

A listing of all existing nonconforming buildings, uses or structures.

The proposed title of the project and the name of the engineer, architect, designer, or landscape architect and the developer.

Geographical location, showing existing zoning district and boundaries. The boundaries of the property involved, the location of all existing easements, and property lines, existing streets, building, or waterways, and other existing physical features in the project. The location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures in or near the project.

Net development area.

Number of dwelling units to be included in each type of housing: single-family detached dwellings, townhouse dwellings, and multifamily units in multiunit structures of dedicated residential use and of mixed use.

The location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.

The location of proposed lots, setback lines, and easements and proposed reservations for parks, parkways, playground, school sites and open spaces.

Location with respect to each other and to lot lines and height of all proposed buildings and structures, accessory and main, or major excavations. The locations should be drawn to scale, and full dimensioning is required.

Plans and elevations of the several dwelling types and other buildings, as may be necessary.

Architectural renderings as required.

Location, heights, and material of all fences, walls, screen planting and landscaping.

Proposed location and character of all nonresidential uses.

Location, character, size, height, and orientation of proposed signs.

A tabulation of total number of square feet in the project gross or net as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools.

A tabulation of the total number of dwelling units of all types on the lot or parcel, and the overall proposed dwelling density in gross lot square feet per dwelling unit.

A traffic impact study, including mitigation measures if deemed necessary by the study.

The name, right-of-way width, cartway width, profiles, cross-sections and grading for all proposed streets.

Type, location, size, material of construction, slope and profiles for all proposed utilities.

Location, size, material of construction slope and profiles for all proposed storm sewers.

Location, grate elevation and invert elevation for all catch basins, inlets and manholes.

Location of all proposed fire hydrants.

Phasing lines for phased developments.

Sidewalk locations, pedestrianways, bikeways, walkways.

Proposed passive and active recreation areas.

Listing of any required variances.

Wetland report.

Floodplain study.

Construction details for all proposed improvements.

Environmental impact statement.

All applicable outside agency permits.

A dwelling has been made uninhabitable by fire, wind, flood, or impact by motor vehicle or airplane, or similar natural or man-made disaster;

A written statement by the applicant has been filed, certifying the dwelling to be uninhabitable to due to fire, wind, flood, impact, or similar natural or man-made disaster; and

The Mayor has indicated approval by initialing the application.

Building permit fees for the repair of significant damage to a residential-use structure located in a FEMA-designated flood zone (including VE, AE and AO zones) shall be reduced by 50%s from the effective schedule of fees;

Building permit fees for significant retrofit projects designed to improve resilience to future flood loss on a residential-use structure located in a FEMA-designated flood zone (including VE, AE and AO zones) shall be reduced by 50% from the effective schedule of fees;

For the purpose of this chapter "retrofitting" shall have the definition used by the Federal Emergency Management Agency (FEMA); see FEMA Publication P-312 Homeowner's Guide to Retrofitting (2nd Ed., 2009), "Retrofitting means making changes to an existing building to protect it from flooding or other hazards such as high winds and earthquakes." FEMA lists six types of retrofit projects to protect one's home from flood damage: elevation, wet floodproofing of uninhabited areas, relocation, dry floodproofing, barriers, and razing and rebuilding properly; and

For the purposes of this subsection, "significant" shall be interpreted as a repair or retrofit project estimated at costing more than $5,000 based on the same criteria used by the Town in its assessment of appropriate building permit fees;

For projects qualifying for a reduced building permit fee under this subsection, the reduced rate shall be applied to the total building permit fee.

One permit issued to cover more than one building remains valid for all of the buildings covered by the permit, if actual construction as provided above shall have commenced prior to the expiration of the permit, subject only to Subsection D(3) below.

In any event, the permit shall be invalidated if actual construction is discontinued for reasons other than those beyond the permit holder's control.

The exemptions listed under Subsection A above do not apply to new construction or substantial improvements in the flood-prone areas (including FEMA-designated VE, AE and AO flood zones).

Prior to the construction of any improvements approved by the Town Commissioners and prior to final approval of subdivision or site plan, the applicant shall deposit and maintain with the Town a fund of not less than 5% of the estimated cost of the required on- and off-site improvements, as determined by the Town Building Official, to cover costs of inspection of improvements. The minimum escrow deposit required at any one time shall be $200.

If at any time during the inspection of the construction of said improvements it becomes evident that the escrow deposit is or will be insufficient to cover the costs thereof, the applicant shall make such additional deposits in amounts to be determined by the Town Planner based upon the estimated costs required to properly review and inspect the on- and off-site improvements.

Professional fees. The construction and legal escrows as set forth in the aforesaid provisions are minimum amounts representing an estimate of the anticipated costs for such services based on the hourly rates of the respective professional. The hourly rates to be charged each applicant for the services of such professionals shall be the same as those set forth in the contracts between the Town and said professionals. All legal, engineering and planning review fees set forth under the applications for use and bulk variances, appeals, interpretations and miscellaneous applications are nonrefundable minimums. In all other cases, if the actual cost is less than the minimum, the applicant shall receive a refund of the difference for all development applications; if actual costs for such proposed services exceed the minimum deposits, the applicant shall be responsible to pay to the Town the difference between the actual amount and the amount deposited.

General requirements.

Calculation of guaranty. The owner shall present the performance guaranty, in an amount equal to 120% of the approved performance guaranty estimate required above. The guaranty must then receive the approval as to form, amount and execution by the Town Planner as a condition to approval of the application. No plans will be signed or approval given by the Town until the required performance guaranty has been approved.

Bonding and cash requirements. The performance guaranty shall be made payable and deposited to the Town of Dewey Beach and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal. The bond or letter of credit to be provided must be issued by an acceptable surety or banking company licensed to do business in the State of Delaware. The Town shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Town to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the Town to pay the cost and expense of obtaining completion of all requirements.

Inspection and tests.

Conditions and acceptance of improvements. The approval of any application for development and release of guaranty by the Town shall in no way be construed as acceptance of any street or drainage system or any other improvement, nor shall such approval obligate the Town in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met: