2012 Delaware Code
Title 9 - Counties
CHAPTER 68. PLANNING AND ZONING
§ 6810. Submission of road plats to Commission; recording; fees; regulations.

(a) 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 within the limits of the District shall be submitted to the Commission for its approval and the adoption of the county government and no person shall record any plan or map showing the location of any new or proposed road in any public office in Sussex County unless such plan or map shall show thereon by endorsement its approval by the Commission and its adoption by the county government. The approval of such plan or map by the Commission and the adoption thereof by the county government endorsed upon such plan or map shall, when recorded, be deemed and taken as an acceptance of the intended dedication of the roads 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 plan or map shall, when recorded, become a part of the official map. The Commission may adopt and the county government may approve 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 within the District shall be received or recorded by the Recorder of Deeds in and for Sussex County or filed for recording in the Recorder's office until the plat shall have been submitted to and approved by the Commission after public hearing and approved by the county government, and such approvals be endorsed in writing on the plat by the Chair or Secretary of the Commission and President of the county government. The filing or recording of a plat without the approval of the Commission and the county government shall, upon application of the Commission or the county government, to the Superior Court in and for Sussex County, Delaware, be deleted from the records.

(c) On the basis of the estimated cost of the services including filing fees and cost of legal notice 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.

(d) Every such plat shall be prepared by a registered professional engineer or land surveyor and shall be prepared upon stabilized plastic film of such size and character, with such notations, information as the Commission may, by regulation prescribe, and shall have such monuments, permanent markers, boundary stones or stations as the Commission shall prescribe, which shall be shown and designated on the plat thereof. The Commission shall also require a certification by the registered professional engineer or land surveyor that the monuments, permanent markers, boundary stones or stations have been properly installed and verified as to final location at the completion of the project. The Commission shall prescribe the procedure for the submission of such plat and action in respect thereto.

9 Del. C. 1953, § 6810; 56 Del. Laws, c. 95; 57 Del. Laws, c. 762, § 11B; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 255, § 3.;