Subdivision plans; land development plans; road plats; submission to Commission; recording; fees; regulations

# (a)

Plans depicting the location, proposed grades, and drainage of all roads intended to be dedicated by the owner thereof to the public use or for the use of owners of property abutting thereon or adjacent thereto, and plats of all subdivisions and land developments, within the limits of the District, shall be submitted to the Commission for its approval. No person shall record any plan showing any new or proposed road or any plat showing any new or proposed subdivision or land development, in any public office in Kent County, unless such plan or plat shall show thereon by endorsement its approval by the Commission; expressly provided, however, said endorsement of approval for minor subdivision shall be by administrative Commission staff pursuant to minor subdivision regulations which the county government is hereby authorized and directed to adopt. The Commission’s approval of any road plan shall, when recorded, be deemed and taken as an acceptance of the intended dedication of the road appearing thereon, but shall not impose any duty upon the county government or upon the Department of Transportation respecting the maintenance or improvement thereof. Such road plan shall, when recorded, become a part of the official map. The county government may adopt such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation or by an appropriate public agency.

# (b)

No plat of land showing any new or proposed subdivision or land development within the District shall be received, filed, or recorded by the Recorder of Deeds in and for Kent County until the plat shall have been submitted to and approved by the Commission and such approvals endorsed in writing on the plat by the Director of Planning Services and the County Administrator. The filing or recording of a subdivision or land development plat without the approval of the Commission and/or without the endorsements of the Director of Planning Services and the County Administrator shall, upon application of the Commission or the county government to the Superior Court in and for Kent County, be expunged from the records maintained by the Recorder of Deeds.

# (c)

On the basis of the estimated cost of the services to be rendered by it in connection with the consideration of such plats and the work incident thereto, the Commission may fix the scale of fees to be paid to it and may from time to time amend such scale. In the case of each plat submitted to the Commission, the fee thus fixed shall be paid before the plat is approved or disapproved, but such fees shall not exceed the actual cost to the Commission of the services and shall be paid by the person requesting the Commission’s approval.

# (d)

Every such plat shall be prepared upon cloth of such size and character, with such notations, information and markings, and accompanied by such data and information as the Commission may, by regulation prescribe, and shall have such permanent markers, boundary stones or stations as the Commission shall prescribe, which shall be shown and designated on the plat thereof. The Commission shall prescribe the procedure for the submission of such plats and action in respect thereto, which shall include certification by a registered engineer or land surveyor as to the proper location on the plat of the aforesaid boundary markers, boundary stones or stations.

Amendment history

56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 10, 11; 60 Del. Laws, c. 503, § 22; 69 Del. Laws, c. 410, § 2; 70 Del. Laws, c. 255, § 2; 77 Del. Laws, c. 175, §§ 1, 2

Source: view the official text

In this title (40 sections)

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