Update NCC UDC SECTION 40.31.230 Property line adjustments.

Hello Mr. Stirk,

I was asked to contact you regarding your inquiry about the property line adjustment process. Owners interested in this process should talk to an engineering firm about getting a new survey; the info required for the survey is below. The Department's application requirements are also below. 

　

Section 40.31.230 of the UDC (attached) describes the review process. There are three cases in which a property line adjustment shall not be processed by the Department: 

• The subject parcels were created on an open space subdivision plan, planned unit development or alternative development option.
• The adjustment would result in the transfer of a dwelling from one parcel to the other.
• Buildings, structures or uses on either of the subject parcels do not conform with this Chapter and do not have confirmed nonconforming status under Article 8.
•  

Per this same section, once a property line adjustment survey has been approved by the Department, the applicant shall have one year to revise and record the new deeds.

Property line adjustment survey requirements (from Appendix 1.3.N of Chapter 40 of the New Castle County Code:):

• The property line adjustment survey must be drawn to scale. 
• The property line adjustment survey must include:
  
• Tax parcel numbers for all subject properties. 
• Lot lines described with bearings and distances in accordance with professional Delaware State surveying standards.
• Identification, location, and distance of all improvements (stick-built or manufactured structures, pole-buildings, or any other structures) from property lines after adjustment.
• Delineation of all protected resources established by Article 10. 
• Dimensions and size (square feet or acres) of all proposed tracts prior to and after the proposed property line adjustment.
• Legend. 
• All abutting streets (noting whether public or private), including name. 
• All existing easements, including widths and types, specifically noting the use, whom they serve and deed recording information.
• Location of any wells or septic systems.
  
• The survey shall be signed, sealed and dated by a Delaware P.E./P.L.S

The following materials are needed for a complete application submission:

• A completed SLD-1 form available on our website
• $500 fee 
• One (1) copy of any deed restrictions to which New Castle County is a party 
• Provide verification from the County Department of Finance proving that county taxes, school taxes and sewer service fees on subject properties have been paid or are not delinquent
• 3 printed copies of a property line adjustment survey. 
• A CD, e-mailed or Drop Box digital copy of survey

Please let me know if I can be of further assistance. 

Marisa Lau, Planner II

New Castle County | Department of Land Use

87 Reads Way

New Castle, DE 19720

302.395.5489 Marisa.Lau@newcastlede.gov