In addition to those subdivisions permitted by this Chapter, this Special Subdivisions Article has been provided to encourage the preservation of agricultural areas.

(Ord. No. 97-172, § 3(ch. 13, div. 24.000), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009)

The authorized special subdivisions and their purposes are as listed below and shown in Figure 40.24.010.

A.

Rural subdivision. This subdivision provides limited development opportunity in the Suburban Reserve if the landowner desires to continue agricultural operations, house family members, or raise income to supplement agricultural operations. It may also be used in areas where growth potential is limited by facilities capacity. This subdivision permits development at minimal cost while providing access protection along existing streets. The rural subdivision permits a landowner to subdivide a large tract up into four (4) lots; these lots are designated the "residential lots." The remaining parcel is designated the "residual lot." The "residual lot" shall be included as part of the final plan for recordation purposes. The "residual lot" shall be used in part for access and as a reserve for future development that promotes sound land use patterns. The "residual lot" shall contain a note alerting the "residual lot" owner of the requirements for development at such time further subdivision on such "lot" is proposed.

Figure 40.24.010
SPECIAL SUBDIVISIONS

(Ord. No. 97-172, § 3(ch. 13, § 24.010), 12-31-1997; Ord. No. 09-037, § 1, 10-13-2009)

All special subdivisions permit development with special treatment of local streets. No parcel, in existence at the time this Code takes effect, shall use this special subdivision process more than once regardless of change in ownership. No further subdivision of a lot or the residual lot created by a special subdivision shall be permitted except as a major subdivision meeting the requirements of this Code. The requirements in Sections 40.24.110 through 40.24.130 must be met for a development to qualify as a special subdivision.

(Ord. No. 97-172, § 3(ch. 13, div. 24.100), 12-31-1997)

The parcel upon which a rural subdivision is proposed shall have at least two (2) and no more than four (4) lots in addition to the residual lot. No parcel shall be able to use the rural subdivision standards unless it meets the minimum area standards in Table 40.24.110. Lot sizes shall be no smaller than two (2) acres.

Table 40.24.110
MINIMUM AREA STANDARDS FOR RURAL SUBDIVISIONS

(Ord. No. 97-172, § 3(ch. 13, § 24.110), 12-31-1997)

Special subdivisions shall meet the following conditions and limitations. Where the adjoining public right-of-way is an arterial or collector street the required right-of-way of such streets shall be dedicated to standards as designated by DelDOT.

A.

All lots shall take access from an easement having a minimum width of sixty (60) feet located on the residual parcel. The access easement shall be improved in accordance with Division 40.21.200.

B.

Any lot abutting a public right-of-way, classified as a collector or above, shall have an accompanying plan note prohibiting access to that road or street.

C.

The responsibility of the residual lot owner to pave roads and install all public utilities, water, sewer, and storm drainage for the initial lots shall be noted on the final plan.

(Ord. No. 97-172, § 3(ch. 13, § 24.120), 12-31-1997)

A note shall appear on all plans for rural subdivisions specifying that the residual lot cannot be further subdivided until all public improvements for water, sewer, and roads are satisfied, or when infrastructure improvement results in an increased density pursuant to Article 5. The note on the plan shall specify that the developer of the residual lot shall be responsible to improve all streets, utilities, and drainage for the subdivision's initial lots in accordance with this Code, in conjunction with the subsequent planning of the residual parcel.

(Ord. No. 97-172, § 3(ch. 13, § 24.130), 12-31-1997)