A.
The subdivision and/or land development plans shall
conform in all essential respects to the adopted Delaware Department
of Transportation (DelDOT) Functional Classification Map and other
aspects of the adopted Comprehensive Plan for the County.
B.
The subdivision and/or land development layout shall reflect full compliance with the provisions of the zoning district(s) in which it is located and the provisions of Chapter 205, Zoning.
C.
The subdivision and/or land development plans shall
be designed in accordance with the design requirements and standards
contained in this chapter, with the objective of achieving the most
advantageous and efficient use of land resources and yielding high-quality
living environments.
A.
Subdivision and land development shall be in conformance
with all state and federal environmental regulations, including the
Clean Water Act and state wetlands regulations.
B.
Land located within the one-hundred-year floodplain
as identified on the current Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps (FIRM's) shall remain as unsubdivided
open space or natural area.
C.
When it can be demonstrated to the satisfaction of
the Commission that strict adherence to the provisions of § 187-55B
above would represent an undue burden on a development, such as in
the case of the creation of waterfront lots, then the Commission may
modify or waive the stated requirement, provided that the objective
of protecting health, life, and property by preventing the aggravation
of the flood hazard is secured.
D.
Site development for existing lots shall be permitted in accordance with the Floodplain District Regulations of Chapter 205, Zoning.
E.
The floodplain boundary shall be shown on all recorded
plans as delineated on the FEMA Flood Insurance Rate Maps. Where no
floodplain areas exist on the site, a note shall be placed on the
plan to this effect. If there is a discrepancy between the FIRM and
a hydrology study of the site, then the FIRM must be revised before
final approval of the plan.
F.
Subdivisions or land developments which are adjacent
to or are traversed by a major drainageway must include in the submission
of a preliminary plan the necessary floodplain studies in order to
determine that the subdivision will not involve danger to health,
life, or property.
G.
A plat for the subdivision or land development of
land with poor drainage or other adverse physical conditions will
be considered for approval only if the applicant shall agree, in writing,
to make whatever improvements are necessary, in the judgment of the
Commission, to render the land safe and otherwise acceptable for development.
A.
The street layout shall be designed to create desirable
building sites while respecting existing topography, minimizing street
grades and impervious surface coverage, avoiding excessive cuts and
fills, preserving trees to the optimum extent, and avoiding environmentally
sensitive areas. All streets shall adhere to the requirements of the
Delaware Department of Transportation's (DelDOT) subdivision street
design standards and/or Mobility Friendly Design Standards as applicable.
B.
Where the subdivision adjoins or embraces any part
of an arterial roadway as designated on the DelDOT Functional Classification
Map, the layout of such subdivision shall provide for the platting
and dedication of such part of the arterial roadway in the location
and at the width indicated on such plan, except that the applicant
shall not be required to dedicate that part of such arterial roadway
which is in excess of 80 feet in width (40 feet from the center line
on either side of the right-of-way). The applicant may, however, be
required to reserve any excess over 80 feet for future acquisition
by DelDOT.
C.
Residential streets, intended primarily for access
to individual properties, shall be so arranged as to discourage their
use by through traffic.
D.
Streets shall be laid out to intersect one another
at as near to right angles as topography and the limiting factors
of good design will permit, and no street shall intersect another
street at an angle of less than 70° for a minor street or 80°
for an arterial roadway.
E.
Arterial roadways.
(1)
When a residential subdivision abuts or contains an
arterial roadway, as designated on the DelDOT's Functional Classification
Map, the Commission may require that measures be taken to reduce the
impact of heavy traffic on the residential lots abutting or fronting
upon such arterial roadway and to provide a separation of through
and local traffic by one of the following means:
(a)
By providing vehicular access to such lots by
means of a service drive separated from the major arterial roadway
by a planting strip at least 30 feet in width and connecting therewith
at infrequent intervals; or
(b)
By designing reverse-frontage lots having access
only from a parallel minor street or from cul-de-sac or loop streets
and with vehicular access to such lots from the arterial roadway prohibited
by deed restrictions or other means; or
(c)
By requiring a minimum front yard setback of
75 feet from the right-of-way of the arterial roadway.
(2)
The Commission reserves the right to select the most
appropriate method of accomplishing a separation from the arterial
roadway to minimize negative impact, giving consideration to site
topography and other physical conditions, the character of existing
and contemplated development, its surroundings, and other pertinent
factors.
F.
Access.
(1)
It is Kent County's goal to provide alternative routes
within as well as linkages between and among subdivisions and land
developments in an effort to increase connectivity and decrease traffic
congestion for residents, public service vehicles such as sanitation
and school buses, transit, and emergency vehicles.
(2)
Table XI-1 below describes the access and connectivity
requirements for both minor and major subdivisions. The term "connected
routes" within the table refers to internal subdivision streets which
are circuitous rather than dead ends or cul-de-sacs.
TABLE XI-1
| |||||
---|---|---|---|---|---|
Requirements
|
1 to 5 lots
|
6 to 25 lots
|
26 to 50 lots
|
51 or more lots
| |
Access
|
Interior access if the interior is developed;
driveway design to allow potential future connection to interior street
per DelDOT requirements for access
|
Interior access only; minimum 25% of lots fronting
on connected routes
|
Interior access only; minimum 35% of lots fronting
on connected routes
|
Interior access only; minimum 50% of lots fronting
on connected routes; second entrance required when possible and permittable
|
G.
Cul-de-sac streets.
(1)
Cul-de-sac and/or dead-end streets may be permitted
and shall not exceed 600 feet in length from street beginning to terminal
pavement edge at the end of the cul-de-sac or dead-end street.
(2)
Curbed cul-de-sac or dead-end streets shall be provided
with a turnaround bulb area having a paved diameter of at least 80
feet and a street right-of-way diameter of 100 feet.
(3)
Uncurbed cul-de-sac or dead-end streets shall be provided
with a turnaround bulb area having a paved diameter of at least 76
feet and street right-of-way diameter of 100 feet.
(4)
In no instance should more than 20% of the lots in
a proposed subdivision front on the turnaround portion of the cul-de-sac
or dead-end street.
(5)
Interior pervious and landscaped features may be permitted
within cul-de-sacs if approved by the Delaware Department of Transportation
for public streets and the Regional Planning Commission for private
streets.
H.
Street linkages.
(1)
Within major subdivisions and land developments using
public streets, street linkages shall be provided among adjoining
subdivisions in order to allow convenient and effective travel among
neighborhoods. Benefits include ease of access, association with neighbors,
alternative travel routes for residents, sidewalk networks on local
streets, and internal circulation routes for service providers such
as school buses, sanitation vehicles, transit, and emergency management
personnel.
(2)
Proposed street layout plans shall incorporate provisions
for linkage streets which shall be designed to provide future access
and street connection to adjacent vacant or undeveloped lands which
may be developed in the future. Linkage street stubs shall be provided
at a ratio of at least one linkage street right-of-way stub per 800
linear feet of subdivision or land development boundary line or fraction
thereof, which adjoins vacant or undeveloped land, unless determined
to be unnecessary by the Commission.
(3)
Such linkage street right-of-way stubs shall be planned
and constructed to the subdivision or land development boundary line.
Linkage street stubs shall be identified by signage which reads "Street
Connection to Future Development" in cases where the stub is part
of the initial or only phase of construction and "Future Internal
Street and Connection to Future Development" in cases where projects
are being built in phases and the street would extend in a future
phase. If the stub is in excess of 100 feet in length, then a temporary
paved turnaround area shall be provided.
(4)
When a proposed subdivision or land development is
being planned adjacent to previously subdivided or developed land
and the previously subdivided or developed land has incorporated linkage
street stubs to its perimeter as part of its recorded or approved
plan, the proposed subdivision or land development must incorporate
street connections to the existing linkage street right-of-way stubs
as part of its street system.
I.
Alleys.
(1)
Alleys may be permitted in residential subdivisions
as low-volume, secondary accessways to residential properties. Alley
rights-of-way shall be established at 16 feet in width and shall involve
a minimum paved width of 14 feet.
(2)
Alleys may be provided in nonresidential subdivisions
and sites for the purpose of providing secondary access to parking
and loading areas. Alleys serving nonresidential subdivisions and
site developments shall be established at a minimum right-of-way width
of 20 feet, with a maximum paved width of 18 feet. Traffic flow in
nonresidential alleys shall be limited to one-way and shall be planned
and marked accordingly with standard signage and other means as applicable.
(3)
The applicant shall set forth legally binding ownership
and maintenance responsibilities and obligations for any proposed
alleys as part of the preliminary subdivision plan proposal for consideration
by the Commission. The Commission shall approve or deny proposed alleys
based upon the merits of the proposal, the importance of alleys to
the overall design and layout of the subdivision, the convenience,
ease of access, and circulation for future property owners, and the
completeness of the maintenance obligations proposal.
J.
Private streets. Private streets may be approved within
developing areas and rural subdivisions if each of the following conditions
are satisfied:
(1)
The private street shall serve no more than 10 lots;
(2)
The gross residential density for the subdivision
shall not exceed one dwelling unit per two acres;
(3)
All lots within the subdivision shall be accessed
from the privately dedicated street;
(4)
The minimum right-of-way width shall be 50 feet and
the minimum roadway width shall be 18 feet;
(5)
The private street must meet the minimum construction and review standards as established by §187-53A(4) above; and
(6)
The applicant shall establish or cause to be established
a bona fide homeowners' association or maintenance corporation for
the purpose of assuming ownership of and perpetual maintenance responsibility
for all private streets within the proposed development. The following
minimum criteria shall be adhered to:
(a)
At a minimum, the creation and governance of
the homeowners' association or maintenance corporation shall be established
by legally sufficient and binding instruments to include articles
of incorporation and a declaration of maintenance obligations. The
applicant for subdivision approval involving private streets shall
bear the burden of producing these documents.
(b)
Articles of incorporation for each homeowners'
association or maintenance corporation shall be prepared by the applicant
for the purpose of creating a legally binding entity to which membership
shall be mandatory for all owners of real property within the subdivision,
except for governmental entities which may own or acquire property
for utility service, recreation areas, or other public purposes.
(c)
Each homeowners' association or maintenance
corporation shall have legal authority to require its members to pay
to the homeowners' association or maintenance corporation periodic
dues for the purpose of maintenance and repair of private streets
approved under this chapter.
(d)
The articles of incorporation and declaration
of maintenance obligations shall establish an administrative structure
and management procedures for the homeowners' association or maintenance
corporation, which shall include but not be limited to: the election
of the board of directors, collection of dues, procurement of and
payment for services related to the repair and maintenance of private
streets and procedural and legal requirements for the placement of
liens on property of members that fail to pay the required dues; and
(e)
All such documents described above shall be
submitted in draft form at the time of application for subdivision
plan review (whether minor or major). The Commission's staff or Regional
Planning Commission, as applicable, may transmit such documents to
its legal council for review and determination of legal sufficiency
prior to acting on any plan which proposed the establishment of private
streets.
[Amended 9-22-2009 by Ord. No. 09-22]
A.
All publicly
dedicated roads and rights-of-way shall be a minimum of 28 feet in
width measured from the edge of paving and not including the width
of the curb and gutter and planned, designed, and constructed in accordance
with the current standards of the Delaware Department of Transportation,
including, but not limited to, the Functional Classification Map and
Standards and Regulations for Subdivision Streets and State Highway
Access.
B.
The Regional
Planning Commission may permit an alternative street width, of either
lesser or greater width, when an applicant can demonstrate such a
modification is better suited to the proposed development, will provide
adequate on- and off-street parking, will provide adequate access
for emergency vehicles, and with the written consent of the Delaware
Department of Transportation.
C.
All private streets shall be constructed in accordance with Article X, Required Improvements, § 187-53A(4).
This section establishes design criteria for
residential and nonresidential sidewalks.
A.
Sidewalks shall be installed along arterial and collector
roadway frontage of a property by the owner or applicant of the property
whenever such property is the subject of a subdivision or land development
proposal which requires Regional Planning Commission or Levy Court
approval.
B.
In nonresidential land developments, sidewalks shall be constructed along private access roadways and site entrances to provide continuous pedestrian access from the frontage sidewalk required in § 187-60A above, to existing and proposed buildings on the premises. Sidewalks shall be designed and situated so as to provide pedestrian linkages from parking lots to building entrances and between buildings and groups of buildings on the premises.
C.
Residential subdivisions and land developments with
a density of three dwelling units per one acre or greater shall provide
sidewalks along both sides of all streets.
D.
Residential subdivisions and land developments with
a density of less than three dwelling units per one acre shall provide
sidewalks along both sides of all residential collectors, unless determined
by the Commission that sidewalks on only one side of the street are
warranted. A "residential collector" is defined as a street that served
as a frontage street to abutting properties and which conducts low
volumes of traffic between local streets and major collector and/or
arterial roadways.
E.
Sidewalks shall be established at a minimum paved
width of five feet.
F.
Barrier-free access ramps shall be installed at each
street corner and at other points of street crossing throughout every
subdivision. Access ramps shall be designed and constructed by the
applicant in accordance with provisions of federal and state laws
and specifications.
G.
Sidewalks shall be separated from the edge of road,
pavement, driveways, and site entrances by a grass strip or landscape
area of at least three feet in width and preferably five feet in width.
Where a sidewalk is planned to adjoin the pavement edge of parking
lot areas, such sidewalk shall be grade-separated from the parking
lot surface by six-inch vertical face curbing.
H.
Sidewalk design and installation shall comply with
federal requirements of the Americans With Disabilities Act (ADA)
and shall incorporate barrier-free access ramping at points of intersection
with street crossings and at other locations so as to accommodate
barrier-free pedestrian movement and access to buildings, parking
areas, and other site amenities.
I.
Sidewalks shall be free of utility poles, bushes,
plants, and all other obstructions.
J.
All proposals requiring submission of a major subdivision
or land development plan for review and approval by the Commission
shall demonstrate on the preliminary plan how the proposed project
will comply with the provisions of this section.
This section specifies marked crosswalks at
key street/sidewalk intersections within and adjoining proposed subdivisions
and residential land developments and as linkages to destination points
such as schools, parks, and commercial buildings. Marked crosswalks
are intended to identify the preferred locations where pedestrians
should cross the street and to alert motorists of the potential presence
of pedestrians.
A.
The applicant shall be required to install marked
crosswalks, which function to create a visual and tactile connection
between barrier-free access curb ramps for the purpose of demarcation
of appropriate pedestrian street-crossing locations in the following
instances:
(1)
At points of intersection between sidewalk and major
collector and arterial streets and at all corners along a major collector
or arterial street where local residential streets intersect the collector
or arterial street.
(2)
At all signalized intersections adjoining the development
site.
(3)
At key locations to provide marked street crossing
access to active or passive parkland and open space areas, schools,
playgrounds, neighborhood shopping centers, and similar pedestrian
destinations within and adjoining the development site.
B.
Marked crosswalks shall consist of transportation
industry standard reflective paint pavement markings and/or adhesive
pavement markings applied to the street surface in "ladder bar" fashion
as illustrated in Exhibit XI-1 below. The marked area shall be five
feet in width and shall be oriented perpendicular to the direction
of the street at the crossing point. Markings shall run from one side
of the street to the other.
C.
Marked crosswalks shall be identified for motorists
by the universal "Yield to Pedestrians" sign situated at least 25
feet and no greater than 40 feet in advance of the pavement marking
and oriented to address traffic in both directions on the street.
This section specifies school and transit bus
stop design criteria along local, minor collector, major collector,
and arterial roads.
A.
All subdivision and residential site development proposals
involving more than 50 dwelling units and/or greater than three dwelling
units per acre shall be required to designate and reserve locations
for transit and school bus stop accommodations within and/or adjacent
to the proposed development.
B.
The following specifies school bus stop locating procedures:
(1)
The applicant shall notify the local public school
district of the locations, character, and layout of the proposed subdivision
or residential land development by registered mail at least 30 days
prior to the date of the public meeting at which such proposal will
be considered for approval. The purpose of this notification is to
offer the local public school district the opportunity to provide
input and direction with respect to the most appropriate and serviceable
location for school bus stops within the proposed development. The
applicant shall use a school district notification form provided by
the Department developed for this purpose.
(2)
The local public school district shall have 30 days
to provide commentary to both the applicant and to the Department
with respect to school bus stop provisions. Such commentary shall
describe preferred locations of bus stops within and adjoining the
proposed development site. Should the local school district choose
not to respond within the prescribed period, the development proposal
may proceed through the review and approval process.
C.
As part of the plan review process, the Department
shall forward a copy of the proposed subdivision plan or residential
land development plan to the Delaware Transit Corporation (DTC), or
its authorized designee, for review and recommendations relative to
the reservation and designation of areas for public mass transit stops
and related provisions. Bus stops shall be designed in accordance
with DTC's most current standards. Review commentary and recommendations
shall be offered during the normal plan period prescribed by this
chapter. A delay in the issuance of review commentary by the DTC shall
not result in a postponement of the plan review process.
D.
The following specifies bus stop design and construction
for local and minor collector streets:
(1)
On local and minor collector streets, bus stops shall
consist of designated curbside bus stops where transit and school
buses may stop within the travel lane of the street for the purpose
of boarding and discharging passengers. Every effort shall be made
to designate such bus stops as joint-use facilities for use by school
buses and transit service vehicles.
(2)
On-street bus stops served by the DTC, or its authorized
designee, shall be designated by standard DTC bus stop identification
signage and shall conform to one of the following design standards:
(a)
The bus stop is designated adjacent to and immediately
before a street intersection. (See Exhibit XI-2 below.) This configuration
may be preferable at locations involving very limited right-turning
traffic volumes. The near-side bus stop shall be at least 90 feet
in length or an alternative length specified by the DTC; or
(b)
The bus stop is designated adjacent to and immediately
after a street intersection. (See Exhibit XI-2.) This configuration
may be preferred in locations where there are high volumes of right-turning
traffic, at locations immediately following a right turn by the bus
and where significant numbers of passengers would transfer from an
intersecting bus route. The far-side bus stop shall be at least 80
feet in length or an alternative length specified by the DTC; or
E.
The following specifies bus stop design and construction
for arterial and major collector roads:
(1)
Where required by the DTC or requested by the local
school district, bus stops on arterial and major collector roads shall
be designed as "bus turnout areas." These areas consist of pull-off
areas of sufficient dimensional attributes to permit a bus to pull
over to the curbside and out of the travel lane for purposes of boarding
and discharging passengers.
(2)
Bus turnout areas shall be designed as integral features of the pedestrian sidewalk network as described in § 187-60 above and shall conform to the design and minimum dimensional requirements depicted in Exhibit XI-3 below.
(3)
Every effort shall be made to designate planned bus
turnout areas as joint-use facilities for both school bus and transit
service vehicles.
(4)
Bus turnout areas shall be required when:
(a)
Peak-hour curb lane traffic count exceeds 250
vehicles per hour; and
(b)
Existing land development patterns and the local
street system do not permit continuous internal neighborhood circulation
and linkage for transit service off of arterial and/or major collector
streets; and
(c)
The nearest existing bus turnout area or similar
transit facility is more than 1,300 feet (1/4 mile) walking distance
from the main entrance of the proposed subdivision or residential
land development.
A.
Residential blocks shall not exceed 1,200 feet in
length or be less than 500 feet in length between street lines. In
any residential block more than 800 feet in length, a mid-block crosswalk
of not less than 10 feet in width may be required where deemed necessary
to provide convenient access to schools, playgrounds, shopping centers,
and other community facilities.
B.
Residential blocks shall normally be of sufficient
width to provide two tiers of lots of appropriate depth.
C.
Blocks for business or industrial use shall be of
such length and width as may be necessary to serve their prospective
use, and shall include adequate provisions for off-street parking
and for the loading and unloading of delivery vehicles.
A.
Every lot shall have frontage on and have access to
a street.
B.
Lots shall be oriented and adequately sized to provide
sufficient buildable areas properly related to topography and the
character of surrounding development.
C.
The dimensions and areas of all lots shall comply
with the minimum requirements of the zoning district in which they
are located.
D.
In cases where public water and/or public sanitary sewerage are required per Article X, Required Improvements, lots shall be designed to be served by such services.
E.
In cases where public water and/or public sanitary sewer are not required by Article X, Required Improvements, all proposed lots shall comply with the minimum lot dimensions and areas established by DNREC as determined through soils analysis and on-site waste disposal feasibility study.
F.
Excessive lot depth in relation to lot width shall
be avoided. A ratio of depth to width of 2:1 shall be considered a
desirable maximum.
G.
Lots with multiple street frontages, including corner
lots, shall require a front yard setback along all street frontages.
Such lots shall be sized appropriately to accommodate reasonable and
customary buildings and structures while observing the setback requirements.
H.
Double-frontage and reverse-frontage lots shall be avoided, except where their use is essential for overcoming special topographic problems or for separating residential development from arterial roadways and other roads involving high traffic volumes as described above in § 187-58E.
I.
Lots adjoining a railroad right-of-way line shall
observe a building setback of at least 50 feet from the right-of-way
line and shall include an appropriate means of buffering such lots
from the railroad lines.
J.
Insofar as possible, side lot lines shall be substantially
at right angles or radial to the street line, except where a variation
to this requirement will provide an improved street and lot layout.
K.
For odd-shaped or triangular-shaped lots or lots fronting
on cul-de-sac streets, the lot frontage measured at the right-of-way
line may be reduced to not less than 1/2 of the minimum lot width
required for the applicable zoning district. If the right-of-way line
is a curved line, the lot width measurement shall be measured along
the arc of the curved line.
A.
Proposed subdivisions and/or land development proposals
shall dedicate drainage easements of sufficient width and length as
directed by DNREC, or its authorized agents, and/or DelDOT for the
purpose of ensuring the establishment and maintenance of drainage
systems. Drainage easements may include all man-made drainage improvements
and structures, stormwater management ponds, maintenance areas, ditches,
and natural stream courses.
B.
The Commission shall have the authority to approve
the placement of all such easements as requested by the Commission's
staff, utility providers, and other regulatory agencies.
C.
No building or structure shall be constructed on any
recorded easement without the authorization of the Commission, its
staff, or other agency, or utility provider having jurisdiction, except
for nonpermanent structures or those not on a permanent foundation,
provided a disclosure that an easement exists and the structure may
need to be removed is placed on the building permit.
Kent County shall require the reservation of
open space, recreation, and other public facilities as a condition
of approval for all single-family, two-family, and multifamily dwelling
residential developments requiring conditional use approval, site
plan approval, or land subdivision approval by the Commission.
A.
Purpose. The purpose of this section is to ensure
that active recreation areas are provided as an integral design element
within residential developments and that such facilities are of an
adequate scale in relation to the size of the residential development
and provide residents with a variety of active recreational pursuits.
In general, the County encourages improved active open spaces to be
provided within the established growth zone and cash in lieu of active
recreation outside of the growth zone.
B.
Dedication required. The Commission shall require
the reservation of recreation areas, and the subsequent construction
of recreation facilities by the applicant of a character, extent,
and location suitable to the needs created by a development for recreation
facilities as defined and in accordance with the design guidelines
set forth.
C.
Definition. The following are illustrative of the
types of recreation areas and subsequent facilities that shall be
deemed to serve active recreational needs and therefore to count toward
satisfaction of the active recreation area requirements of this section:
(1)
Improved walking, jogging, or biking trails;
(2)
Swings, slides, and play apparatus;
(3)
Tennis, handball, racquetball, basketball, and volleyball
courts;
(4)
Neighborhood/Community swimming pools;
(5)
Fitness and exercise rooms;
(6)
Meeting or activity rooms within clubhouses;
(7)
Baseball and soccer fields; and
(8)
Any combination of improved walking areas, gazebos,
park benches, and greenway areas associated with stormwater management
ponds designed to emulate natural features.
D.
Design guidelines.
(1)
Accessible. Recreation areas shall be accessible within
the development and arranged in a manner that affords reasonable access
to all residents within the development. When warranted, recreation
areas can be dispersed throughout the development, provided that each
remote location is accessible.
(2)
Pedestrian oriented. Recreation areas shall be pedestrian-oriented
and designed with linkages to existing and planned public walkways
and with other existing or planned recreation areas.
(3)
Age-oriented. The nature and scope of planned recreation
areas shall reflect an awareness of, and sensitivity toward, the anticipated
age groups that would reside within the proposed development.
(4)
Parking. Designs shall consider the need for parking
facilities associated with recreation areas.
(5)
Walking, jogging and biking trails. The developed
portion of walking, jogging, and biking trails shall be the only area
counted toward the area requirement.
(6)
Setbacks. No structure, equipment, or game court surface
shall be located closer than 30 feet to any lot line of any lot to
be used for residential purposes or nearer than 25 feet to any right-of-way
line.
(7)
Landscaping. Where warranted, visual screening of
parking areas, game courts, playground areas and other features as
necessary to preserve and protect the interests of adjoining residential
properties may be required.
(8)
Area. The minimum area of a remote recreation area
shall be 2,000 square feet.
E.
Recreation and open space area review.
(1)
At the required preliminary conference prior to the
submission of the subdivision or land development plan, the applicant
or agent shall meet with the Commission's staff to review the sketch
plan and for the applicant or agent to receive early advice and consultation
on the proposed development or subdivision and the proposed open space
and recreation facilities, including size, type, and layout.
(2)
Upon receipt of the submitted subdivision or land
development plan, the Commission's staff shall consult with the Kent
County Department of Community Services.
(3)
Comments and recommendations regarding open space
and recreation areas shall be included in the Commission's staff recommendation
report provided to the Commission. With respect to recreation and
open space, the report shall detail the recommendations as to the
active recreation facilities to be recommended, including the location,
parking areas, and proposed landscaping as well as the proposed open
space.
F.
Area required. All residential subdivisions and land
developments within the growth zone shall provide recreational areas
in a size equal to 300 square feet per dwelling unit or 1/2 acre of
land, whichever is greater. All residential subdivision and land development
outside of the growth zone shall provide recreational areas in a size
equal to 600 square feet per dwelling unit or 1/2 acre of land, whichever
is greater. In no case shall the Commission require that more than
10% of the gross area of the subdivision or land development be so
dedicated or reserved when the gross area is greater than five acres.
G.
Improvements required. All required active recreation improvements shown on preliminary subdivision and site plans as approved by the Commission shall be constructed and/or installed in accordance with § 187-72, Construction phasing, below.
H.
Cash in lieu of recreation area.
[Amended 10-25-2005 by Ord. No. 05-12]
(1)
Determination of suitability for cash donation. Where
the Community Services Committee of Levy Court determines that the
construction of active recreation is not practical due to close proximity
to existing available recreation facilities or infeasible due to natural
characteristics of the land or will not benefit the residents of the
development, the Commission shall require a full or partial cash in
lieu of recreation area donation be made by the applicant.
(2)
Amount of cash donation. The total amount of cash-in-lieu
of active recreation open space shall be equivalent to the appraised
pre-improvement value of the land area required. The appraised pre-improvement
value shall be based upon an appraisal of the subject property completed
at the applicant's expense within six months prior to the date of
request for consideration of cash in lieu of recreation area. If the
County and/or the applicant do not agree on the land value estimate
established by the appraisal, a new appraisal shall be performed by
an independent third-party professional real estate appraiser at the
applicant's expense. This appraisal shall be awarded on a competitive
bid basis to a qualified, certified appraiser that submits the lowest
bid. The County shall manage the bid process.
(3)
Park Service Fund. All cash in lieu of recreation
area donations shall be deposited in the Kent County Park Service
Fund to be used for the creation of new park and recreation areas,
the expansion or improvement of existing park and recreation areas,
or the acquisition of new park and recreation areas.
(4)
Payment of cash donations. One hundred percent of
the cash donation shall be paid by the applicant to Kent County prior
to the issuance of the first building permit for the development.
A.
Purpose. The purpose of this section is to preserve
areas of open space within residential subdivisions and land developments
which are designed to provide buffer spaces between developing areas,
to preserve and enhance existing natural and historic features, and
to establish a network of open spaces within the built environment
to provide a balance between developed and undeveloped lands, wildlife
habitat conservation, the preservation of scenic view corridors, and
to provide residents opportunities to engage in passive recreation
activities.
B.
Dedication required. The Commission shall require
the dedication/reservation of open space for the purpose of buffering,
landscaping, and preservation of natural features which add value
to the residential development and to the surrounding community.
C.
Definition. Open space shall include land or an area
of water, or combination of land and water, within a development site
designed and available for the use and enjoyment of residents of the
development, not including, off-street parking, areas set aside for
public facilities and rights-of-way, and areas to be preserved as
wetlands or floodplains as required and any other lands unsuitable
for development. The following are illustrative of the types of open
space areas that may be deemed to serve buffering and preservation
of natural features to count toward satisfaction of the passive open
space requirements of this section:
(1)
Mature forests and groves;
(2)
Hedgerows;
(3)
Watercourses;
(4)
Riparian forest buffers;
(5)
Historic, cultural, or archeological landmarks and
resources;
(6)
Landscaped buffers and berming designed to promote
privacy;
(7)
Open landscaped areas suitable for being used and
enjoyed for purposes of informal and unstructured recreation and relaxation;
(8)
Stormwater detention ponds when suitably designed
to emulate natural features by incorporating irregular shapes, gradual
slopes (no greater than 1:4) and appropriate landscape plantings,
but excluding nonimprovement easement areas (such features must be
depicted on the required landscape plan); and
(9)
Irreplaceable environmental assets with value that
have been adequately documented.
D.
Design guidelines.
(1)
Land areas shall be at least 20 feet in width.
(2)
Selective clearing of natural vegetation may be permitted
to form trails and clearings within woodland areas in accordance the
woodland preservation provisions below.
(3)
Open spaces shall attempt to be contiguous and designed
with linkages to existing and planned public walkways and with other
existing or planned recreation areas.
(4)
Within the growth zone, as identified by the Kent
County Comprehensive Plan, the Commission may require that up to 15%
maximum of the gross area in the development be so dedicated or reserved.
The Commission may require that up to 35% of the gross area in the
development be so dedicated or reserved in residential development
outside of the growth zone.
A.
Purpose. The purpose of this section is to afford
the County the opportunity to reserve lands within developing areas
which represent important and strategic locations for the distribution
of essential public goods and services such as potential educational
facilities, emergency services, and recreational facilities. The Kent
County Community Services Department shall advise the Commission of
any proposed subdivision or land development that includes lands proposed
for use as public parks to be operated for the free use of a Recreation
Service District by Kent County Community Services.
B.
Public parkland, dedication optional. Where deemed
essential by the Community Services Committee of Levy Court upon consideration
of the type of development proposed in the subdivision or land development,
and the community recreation needs of the general area of the subdivision
or land development, the applicant may be required to dedicate the
recreation area to Kent County for use as a public park to be operated
by Kent County Community Services. In no case shall Kent County require
that more than 5% of the gross area of the development be dedicated
for the public facility.
(1)
If the County is to take ownership of the active recreation
open space, title to open space so established shall be conveyed to
the County by the applicant before any lots are sold in the subdivision
or at such other time as the County may determine, but in any case
not later than the time when 80% of the proposed lots have been conveyed
to the future property owners. To assure that required open space
is conveyed in a usable condition by the applicant, the Commission
may require the applicant to file an agreement with the County stating
in what physical condition the open space will be placed at the time
of the conveyance.
C.
Public facilities, dedication optional. Where public facilities are shown or proposed in the County Comprehensive plan, or in any other plan or study accepted by the Levy Court or other public body, and are located in whole or in part in a proposed subdivision or land development plan, the Commission may require the dedication or reservation of the area required in lieu of the requirements of § 187-66 above.
D.
Temporary land reservation, optional. Any areas required by any other public bodies or any remaining areas beyond the 5% dedicated to the County under § 187-68B above may be set aside by the Commission for a period of one year to allow the proper authority the opportunity to purchase the area. Upon failure of the proper authorities to purchase such site within one year after the date of the final approval of the project, the applicant, upon application, shall be relieved of the responsibility of reserving such land for public purposes.
A.
For subdivisions or land developments containing or
adjacent to historic or cultural resources, the following design criteria
shall apply:
(1)
Lots shall be designed to minimize adverse impacts
of new construction on the historic resource;
(2)
Natural features such as trees and vegetation which
contribute to the preservation of a historic resource or provide a
buffer between the historic resource and new development shall be
retained; and
(3)
Protective techniques such as limits of disturbance,
building restriction lines, and buffers shall be used.
[Amended 1-22-2013 by Ord. No. 13-01]
A.
Purpose. The purpose of this section is to establish standards and
requirements for the maintenance of open space and common areas and
inspection thereof, a process for the transfer of open space and common
areas from the developer to a homeowners' association, and a property
tax exemption for active recreation areas and passive open spaces.
B.
ACTIVE RECREATION
COMMON FACILITIES
COMMON OPEN SPACE
HOMEOWNERS' ASSOCIATION
MAINTENANCE ESCROW
ON-LOT SERVICES
OPEN SPACE
PASSIVE RECREATION/PASSIVE OPEN SPACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Recreational uses, areas, and activities oriented toward
potential competition and/or involving special equipment. Playgrounds,
sports fields and courts, swimming pools, and golf courses are examples
of active recreation uses.
All improvements and construction, including but not limited
to all recreation amenities, walkways, stormwater facilities, ponds,
landscaping, and sanitary sewer and other utilities not owned by Kent
County, within a subdivision or land development located on open space
owned jointly among all property owners.
Land area, owned jointly among all property owners within
a subdivision or land development, to be left undeveloped as part
of a natural resource preservation, recreation, bufferyards, or other
open space provisions of this chapter. Open space excludes areas in
lots, street rights-of-way, and parking.
A body of persons legally responsible for the maintenance
of private open spaces and/or common facilities; also known as "maintenance
corporation."
A deposit or fund held in trust or as a security until specified
conditions are met as described in this chapter and then transferred
to a homeowners' association for the purpose of caring for common
open spaces and facilities.
Routine maintenance or repair work such as landscaping, snow
removal, or building upkeep performed on individual, privately owned
lots or dwelling units. Such services and associated fees are separate
from fees required for maintenance of commonly owned open spaces or
facilities.
Land area to be left undeveloped as part of a natural resource
preservation, recreation, buffer yards, or other open space provisions
of this chapter. Open space excludes areas in lots, street rights-of-way,
and parking.
Recreational uses, areas, or activities oriented to noncompetitive
activities which either require no special equipment or are natural
areas.
C.
Ownership and maintenance required. There shall be provisions that
insure that all active recreation and passive open space areas, and
all other dedications and/or reservations of land not dedicated to
Kent County, shall be owned and maintained by a responsible entity.
These provisions shall be presented to Kent County for review and
shall be in a form acceptable to Kent County. The applicant shall
either:
(1)
Retain ownership and maintenance responsibility of all open space
areas; or
(2)
Provide for and establish a legal entity such as a homeowners' association,
community open space trust, or maintenance corporation for the purpose
of ownership and maintenance of all active recreation and passive
open space areas in the development in perpetuity. For the purposes
of this chapter, the terms "homeowner association," "maintenance corporation,"
"maintenance organization," or any similar entity shall be considered
equivalent.
(3)
Entities established for the maintenance of "on-lot" services to
private, individual lots or dues collected for the maintenance of
"on-lot" services are exempt from the requirements of this section.
D.
Homeowners' association requirements. If the applicant proposes to
establish a homeowners' association for purposes of ownership and
maintenance of common open space, such association shall be governed
by the following:
(1)
Membership mandatory. Membership in the organization shall be mandatory
for all owners of properties within the development. The members of
the organization shall share equitably (pro rata basis per unit) the
costs of maintaining common open space and recreation areas in accordance
with all applicable property maintenance codes of Kent County as adopted
and amended from time to time, in accordance with all record plan
notes, and in accordance with procedures established by the homeowners'
association.
(2)
Responsibilities. The homeowners' association shall be responsible
for maintenance, insurance, taxes, fees, and other burdens expenses
customary to the ownership of real property for all active recreation
and passive open space areas and all improvements and constructions
thereon, including but not limited to rights-of-way not dedicated
to a third party, all recreation amenities, walkways, stormwater facilities,
ponds, landscaping, and sanitary sewer and other utilities not owned
by Kent County.
(3)
Deed restrictions. Restrictive covenants shall be established that
provide that in the event the homeowners' association fails to maintain
the open space according to the standards of the Kent County Code
and in accordance with the recorded or approved plan, the County may,
following reasonable notice:
(a)
Demand that the deficiency of maintenance be corrected; or
(b)
Enter the open space area to maintain same. The cost of such maintenance shall be charged to the homeowners' association and/or individual homeowners in accordance with the provisions of § 187-70E(2) below.
(4)
If the developer collects monthly or annual dues from residents for
maintenance of the active recreation and passive open space areas
prior to exceeding conveyance of 25% of the lots or units within the
development, the developer shall provide a process and opportunity
for election of at least 25% of the seats on the board of directors
to residents to be elected by the membership of the homeowners' association.
Prior to exceeding conveyance of 50% of the lots or units within the
development, the developer shall provide a process and opportunity
for election of at least 33% of the seats on the board of directors
to residents to be elected by the membership of the homeowners' association.
(5)
If the developer collects monthly or annual dues from residents while
still holding a majority vote on the homeowners' association or maintenance
organization, the developer shall provide a budget and financial statements
related to operating the association annually to the residents. The
documents shall be reviewed at an annual meeting hosted by the developer
in a location convenient to the residents. A copy of the notification
of the annual meeting shall be provided to the Department of Planning
Services.
(6)
Third-party ownership of open space may be permitted upon approval
by the Commission under such conditions as the Commission may deem
appropriate.
E.
Maintenance escrow. The developer shall place $300 per lot or unit
within a subdivision or land development in an interest-bearing escrow
account. All principal and interest that accrues in this account shall
be turned over to the homeowners' association as set forth below.
(1)
A deposit of $300 shall be made to the escrow account with each initial
real estate settlement and shall be verified prior to the issuance
of building permits for construction of units beyond the initial 80%
of the lots or units within the subdivision. The balance of the escrow
account shall be reflected on the financial statement.
(2)
The developer must demonstrate that the funds have been placed in
an independent escrow account separate from the operating fund of
the developer.
(3)
The escrow funds shall not be withdrawn by the developer or any person
acting on behalf of the developer.
(4)
At the time governance of the homeowners' association is transferred
to the residents, the escrow collected to date plus any interest shall
be transferred to the association.
(5)
The balance of the maintenance escrow collected after transfer of
association governance to the residents shall be provided to the homeowners'
association prior to final inspection of the subdivision or land development
and/or release of any County-held surety bonds or letter of credit.
F.
Inspection and approval process. These procedures shall be followed
for inspections of active recreation and passive open space areas.
Inspections and approvals may be made in phases if the record plan
indicates a phased development sequence, or, alternatively, if a phased
active recreation and passive open space sequence is indicated on
the landscape plan.
(1)
One-hundred percent of the active recreation and passive open space
areas shall be completed prior to issuing building permits for the
final 20% of the dwelling units proposed or prior to such time as
the developer transfers the maintenance responsibilities for the active
recreation and passive open space areas to the homeowners' association,
unless a written agreement is in place between the developer and the
Department.
(2)
The developer shall contact the Department, in writing, requesting
an inspection of the active recreation and passive open space areas.
(3)
Within 10 days of the receipt of the request, the Department shall
coordinate an inspection of the active recreation and passive open
space areas for conformance with this chapter. The Department will
notify the developer, in writing, of any defects or noncompliant items
found during the inspection and will specify a time period in which
to correct them.
(4)
When all specified defects and noncompliant items have been corrected,
the developer shall notify the Department, in writing, and the Department
will coordinate a reinspection of the land. At the time the Department
finds that the condition of the active recreation and passive open
space areas conforms to all plan specifications and any requirements
under this chapter, the developer shall be notified within 10 days,
in writing, that the active recreation and passive open space areas
have been approved.
G.
Maintenance of open space and common facilities.
(1)
Maintenance by developer. The developer of a subdivision or land
development shall maintain the active recreation and passive open
space areas and any improvements thereon, including but not limited
to mowing and general maintenance, until the following conditions
are satisfied:
(a)
The active recreation and passive open space areas shown on
the record plat, landscape plan, and/or related construction drawings
have been constructed or installed according to the approved plans
and approved as required by this chapter;
(b)
The active recreation and passive open space areas have been
legally transferred to a homeowners' association according to the
provisions of this chapter; and
(c)
If applicable, the developer has transferred majority control
of the board of directors of the homeowners' association to the residents.
(d)
Developers are responsible for snow removal of vehicular travelways
until those roads have been accepted into the DelDOT maintenance system
pursuant to Delaware Code.
(2)
Maintenance by the homeowners' association. Once the above conditions
are satisfied, active recreation and passive open space areas shall
thereafter be maintained and kept in good order and repair by the
homeowners' association.
(a)
Should a homeowners' association or maintenance corporation
fail to maintain and repair the active recreation and passive open
space areas and any improvements thereon as required herein, the County
may, in addition to any other remedy provided in this chapter, enter
upon the premises and perform such maintenance and repair, provided
that at least 10 days' notice is given to the registered agent of
the homeowners' association or maintenance organization. Notice shall
also be provided to individual homeowners via regular mail.
(b)
The cost of the work performed by the County shall be billed
to the homeowners' association or, at the election of the County,
may be charged to the owners of the lots or units within the subdivision.
In the latter case, the cost shall be apportioned against each lot
or unit in accordance with the provisions of the instruments, if any,
governing their rights of use of enjoyment, or, in the absence of
any such provisions, the apportionment shall be by pro rata share
per lot or unit.
(c)
If the billed amount is not paid by the homeowners' association or maintenance organization, the apportioned share for each lot shall become a lien against the lots or units within the subdivision in accordance with the provisions of § 175-2 of the Kent County Code.
(d)
After 30 days' notice to the owners, the assessment provided
for herein may be collected by any available legal means.
H.
Transfer of governance of homeowners' association. The Department
shall serve as a resource for the developer and the homeowners to
ensure the transfer of control is completed correctly.
(1)
Prior to transferring governance of the homeowners' association from
the developer to the homeowners, the developer shall record a deed
transferring ownership of all open space and common facilities from
the developer or developer's limited liability corporation to the
homeowners' association corporation.
(2)
Legal transfer of the active recreation and passive open space areas
from the developer to the homeowners' association does not relieve
the developer from completing all required improvements within the
time frame established by this chapter or any other governmental agency.
(3)
Transfer of control of the homeowners' association or maintenance
corporation shall occur once the subdivision is eighty-percent completed.
(4)
The developer shall provide at least 60 days' written notice to each
homeowner of the developer's intent to transfer control of the board
of directors to the homeowners. A copy of the notice and an affidavit
from the author of the letter listing the names of the homeowners
to whom notice was sent shall also be provided to the Department.
(5)
The developer shall supply the County with the names, addresses,
and phone numbers of the homeowners serving on the board of directors.
(6)
Prior to transferring majority control of the homeowners' association
or maintenance corporation and all of the associated active recreation
and passive open space areas, the developer shall ensure that all
expenses of the homeowner association have been paid.
I.
Property tax exemption. Active recreation areas and passive open
spaces shall be exempted from Kent County government and school district
property taxes under the following conditions:
(1)
The exemption shall be limited to those parcels designated on approved
and recorded subdivision plats, on property located anywhere in Kent
County, and identified as 1) open space; 2) conservation area; 3)
utility station; 4) private road; 5) recreation, either active or
passive; 6) water management; or 7) parcels serving a similar civic
purpose by providing benefits to all property owners equally within
the subdivision.
(2)
The utilization of such parcels must be limited in perpetuity to
the use designated on the plat, and no fee for access to, use of,
or enjoyment of such parcels, other than dues payable by all property
owners in the subdivision to a homeowners' association, may be charged
to property owners in the subdivision.
(3)
Any parcel which accommodates a business of any kind, including but
not limited to golf courses, marinas, spas, country clubs, stores,
restaurants, etc., and any parcel intended to be sold or otherwise
transferred to a private individual or entity (other than a property
owners' association or third party approved by the Regional Planning
Commission) are excluded from the exemption provided for herein.
(4)
Applicable active recreation areas and passive open spaces shall
be exempted from property tax upon their inclusion in Kent County's
mass appraisal and land management records by assignment of a zero
taxable assessment by the Assessment Office.
A.
Exemptions for small developments.
(2)
Residential subdivisions and land developments with
less than five acres of land and between 10 and 20 dwelling units
may be exempt from the one-half-acre minimum requirement for recreation
areas, but may be required to provide a lesser amount as recommended
by the Parks and Recreation Commission. The Commission shall require
a full or partial dedication of land.
(3)
Phases or sections within developments that are commonly
proposed for development shall not be considered as individual residential
subdivisions or land developments qualified for exemptions under this
section.
The construction/improvement of open space areas
shall be completed in a proportion equal to or greater than the proportion
of residential dwelling units completed, except that 100% of the recreation
areas shall be completed prior to issuing building permits for the
final 20% of the dwelling units proposed, unless a written agreement
is in place between the applicant and the Department. Building permits
shall not be issued for dwelling units unless the requirements of
this section are met.
A.
Purpose. The purpose of this section is to establish
standards and requirements for the protection and planting of trees
and woodlands because it is recognized that woodlands and trees are
not only desirable, but are also essential to the health, safety,
and welfare of the population in that they provide oxygen, reduce
carbon dioxide, stabilize soil, cleanse the air by transpiring clean
water into the atmosphere, cleanse water passing into the ground through
the root system, provide protection for wildlife and their habitats,
provide shade, reduce noise and glare, increase property values, and
provide an important physical, aesthetic, and psychological balance
to the built environment.
B.
CALIPER DIMENSION
CLEARING
DRIPLINE
TREE
TREE PROTECTION AREA
WETLANDS
WOODLAND
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An outside diameter measurement of the trunk of a tree measured
at a vertical distance of six inches above grade.
The removal of trees from an area of 5,000 square feet or
greater, whether by cutting or other means. Clearing shall not include
the removal of trees for landscaping purposes by individual lot owners.
A line on the ground established by a vertical plane extending
from a tree's outermost branch tips to the ground; i.e., the line
enclosing the area directly beneath the tree's crown from which rainfall
would drip.
Any self-supporting woody perennial plant, usually having
a mainstem or trunk and many branches and at maturity normally attaining
a trunk diameter greater than three inches at any point and a height
of over 10 feet.
Any portion of a site wherein are located existing trees
which are proposed to be retained in order to comply with the requirements
of this section. The tree protection area shall include no less than
the total area beneath the tree canopy as defined by the dripline
of the tree or group of trees collectively.
Those areas of lands which fall within the definition of
"wetlands" currently used by the Army Corps of Engineers, or those
adopted by the State of Delaware in accordance with the Army Corps
of Engineers.
An area of contiguous wooded vegetation of at least 10,000
square feet in area where trees exist at a density of at least one
tree with a diameter at breast height of six inches or greater per
400 square feet of land and where the tree branches form a contiguous
canopy. Active tree nurseries and orchards shall not be considered
woodland for purposes of this chapter.
C.
Applicability. The terms and provisions of this section shall apply to any activity on real property which requires conditional use, site plan, or subdivision approval of the Commission as set forth in this chapter and Chapter 205 (Zoning).
D.
Inside the growth zone. Within the central portion
of Kent County identified by the Kent County Comprehensive Plan as
the growth zone, woodland areas shall be preserved in accordance with
the Table XI-1 below:
Table XI-1
Woodland Preservation
| |||
---|---|---|---|
Use
|
Density
|
Percentage of Existing Woodland Area to
be Preserved^
| |
Residential
|
0 to 1.25 DU's/acre
|
60%*
| |
1.25 to 2.5 DU's/acre
|
50%*
| ||
2.5 to 5 DU's/acre
|
40%*
| ||
5 to 10 DU's/acre
|
30%
| ||
More than 10 DU's/acre
|
20%
| ||
Nonresidential
|
1 to 10 acres
|
20%
| |
10 to 25 acres
|
30%
| ||
25 to 50 acres
|
40%
| ||
More than 50 acres
|
50%
| ||
Notes:
*Selective clearing
may be used on up to 1/2 of the woodland area required to be preserved.
This allows individual lots to be placed within protected woodlands.
The balance of the area required for protection must be placed within
common ownership.
^Areas required to
be cleared for street rights-of-way shall not be included in the calculation
of woodlands to be preserved.
|
E.
Outside of the growth zone. No more than 30% of a
woodland area, tract or parcel may be cleared for any purposes outside
of the designated growth zone.
F.
Clearing prohibited without approval. Clearing, as
defined by this section, for any purpose whatsoever, except the establishment
of trails and pathways (not greater than eight feet in width) and
open yard areas, shall be prohibited unless approved by the Regional
Planning Commission through the site plan, conditional use, or subdivision
review process.
G.
Tree preservation in wetlands. No portions of wetlands
areas shall be developed or cleared of vegetation unless granted permission
under state and/or federal permit; they shall remain as essentially
undisturbed areas.
H.
Trees of special value. Trees having an historic value,
as determined by the Commission's staff, State Historic Preservation
Officer, or the Delaware Forestry Service, or that are of an outstanding
nature due to type or species, age, or other professional criteria,
may be required by the Commission to be preserved. Such trees may
be prohibited from being removed by the Building Inspector until such
time that the Commission has granted approval to remove such trees.
I.
Forest corridors and linkages. In designing subdivisions
and land developments, applicants are encouraged to minimize forest
fragmentation and maintain and create, whenever possible, forested
corridors to link other forested tracts.
A.
Plan required. All developments in nonwoodland areas requiring approval of the Commission shall be required to submit with their application and plans a tree preservation and planting plan as set forth in § 187-76, and shall conform with the following provisions.
B.
Tree planting standards. Existing trees may be preserved
and new trees may be planted to achieve the minimum tree planting
requirements of this chapter as specified below. For new tree plantings
to be counted toward the tree planting requirement, new trees shall
be of a species and minimum planting size as set forth in Appendix
E (Table of Trees) of this chapter.[1]
[1]
Appendix E is included at the end of this chapter.
C.
Inside the growth zone. For nonwoodland portions of
development tracts, new trees shall be planted at a rate of one tree
per 10,000 square feet of lot area for residential land development
and one tree per 5,000 square feet of site area for nonresidential
land development.
D.
Outside the growth zone. For nonwoodland portions
of development tracts, new trees shall be planted at a rate of one
tree per 5,000 square feet of lot area for residential land development,
and one tree per 3,000 square feet of site area for nonresidential
land development.
E.
Replacement guarantee. A one-year full-price replacement
guarantee shall be provided by the applicant and noted on the record
plan for all required new tree plantings.
A.
Planning Commission waiver. The Commission may waive the provisions of §§ 187-73 and 187-74 above, and require replacement planting for mitigation purposes, should the Commission determine after demonstration by the applicant that due to physical limitations of the land which would otherwise prohibit the reasonable use of the land, or for purposes of preserving, protecting and promoting the interest of public health, safety, welfare and/or public convenience. Tree mitigation may occur off-site in accordance with the provisions listed below in this chapter.
(1)
If a waiver is sought from the tree planting requirement
in nonwoodland areas, new tree plantings are required at a rate of
1:1 inside the growth zone and at a rate of 2:1 outside the growth
zone. All new tree plantings shall meet the minimum size at planting
requirements.
(2)
If a waiver is sought from the minimum woodland preservation
area requirements, then mitigation must be in the form of newly created
woodland areas. New woodlands shall be created at a rate of 1.25 times
the amount of woodlands to be removed inside the growth zone and at
a rate of 1.5 times outside the growth zone. A woodland mitigation
plan shall be prepared by a licensed forester, landscape architect,
or certified nursery professional for the consideration of the Commission.
(3)
All tree mitigation must occur on-site unless an off-site
location is specifically approved by the Commission. When considering
off-site locations for tree mitigation, the Commission shall consider:
(a)
A physical hardship related to the land which
would otherwise prohibit compliance on the subject site;
(b)
Whether the mitigation plan proposed by the
applicant is superior in terms of environmental benefits, tree quantity,
or aesthetic qualities compared to strict compliance with the chapter
on site.
B.
Tree mitigation required for unauthorized clearing.
In the event that trees or woodland areas to be preserved under this
chapter or as a condition of a site plan, subdivision, or conditional
use approval are illegally removed, tree mitigation shall be required.
All tree mitigation plantings must be placed on the same lot, parcel,
or tract on which the illegal clearing occurred, except as noted below.
All replacement trees must be of the same or a similar variety as
the trees illegally removed. Replacement with native species is encouraged.
(1)
If trees have been removed from nonwoodland areas,
new tree plantings shall be provided in accordance with Table XI-2:
Table XI-2
Tree Mitigation
| |||
---|---|---|---|
Diameter at Breast Height of Trees Removed
(inches)
|
Number of Trees Required
|
Caliper Dimension at Planting
(inches)
| |
25 or larger
|
5
|
3
| |
17 to 24
|
3
|
2
| |
9 to 16
|
3
|
1.75
| |
8 or less
|
2
|
1.75
|
(2)
If trees have been removed from woodland areas, then
mitigation must be in the form of newly created woodland areas. New
woodlands shall be created at a rate of 1.75 times the area of woodlands
that were illegally removed. The woodland unlawfully removed must
be replanted to satisfy a portion of this requirement. A woodland
mitigation plan shall be prepared by a licensed forester, landscape
architect, or certified nursery professional, for review and approval
by the Director or designee.
(3)
If the applicant wishes to provide replacement plantings
on any property other than the one on which illegal clearing occurred,
the mitigation plan must be reviewed and approved by the Commission.
When considering off-site locations for tree mitigation, the Commission
shall consider:
(a)
A physical hardship related to the land which
would otherwise prohibit compliance on the subject site;
(b)
Whether the mitigation plan proposed by the
applicant is superior in terms of environmental benefits, tree quantity,
or aesthetic qualities compared to strict compliance with the chapter
on site.
C.
The Commission may require tree mitigation areas to
be placed in permanent conservation through deed restrictions, conservation
easements, or donation to land trusts.
Plan specifications. A tree preservation and
planting plan or a preservation and selective clearing plan, prepared
by or in conjunction with a design professional, including a licensed
forester, landscape architect, or certified nursery professional,
shall be shown on a copy of a preliminary plat, sketch, or site plan,
as appropriate to the proposed development, drawn to the same scale
and covering the same area as the other plan documents prepared for
the Planning Commission hearing. The plan may be combined with a required
buffer and landscape plan for the project, at the option of the applicant.
The plan shall provide sufficient information and detail to clearly
demonstrate that all applicable requirements and standards of this
section will be fully satisfied. The plan shall contain but need not
be limited to the following:
A.
Project name, zone, parcel number, North arrow and
scale.
B.
Applicant's name, address and telephone number.
C.
Name, address, and telephone number of the design
professional responsible for the preparation of the plan.
E.
Total acreage of the site and total lot area for each
lot delineated.
F.
Delineation of all wetlands and woodlands.
G.
Designation and delineation of all lots in nonwoodland
areas, expected to retain existing trees to meet the tree density
requirement.
H.
Approximate location and description of the protective
tree fencing, staking, or continuous ribbon to be installed which,
at a minimum, shall follow the dripline of all trees to be retained
along adjoining areas of clearing, grading, or other construction
activity.
I.
The location, spacing, caliper dimension, and species
of new trees proposed to meet tree density requirements.
J.
Measures to be taken to avoid sedimentation intrusions
and erosion in tree protection areas, and the location of such devices.
K.
A summary table of the number of new trees to be planted
and minimum number of existing trees to be retained to meet the tree
density requirement, if any, along with calculations showing that
the tree density requirement has been achieved. Groupings of trees
in the tree protection areas for new trees may be keyed to the summary
table by area rather than having each tree individually labeled on
the plan.
L.
There shall be a note on the plan indicating that
a one-year full-price replacement guarantee on all new trees planted
is held by the applicant and an additional one-year guarantee on replacement
plants. The applicant is expected to maintain plantings, including
watering all plants any time from April to December when natural rainfall
is less than one inch per week.
M.
The applicant shall remove all stakes and guy wires
from trees and site one year after planting.
A.
A wetlands investigation shall be performed by a qualified wetlands specialist at the expense of the applicant in preparation for any activity on real property, which requires conditional use, site plan or subdivision plan approval by the Regional Planning Commission as set forth in this chapter and Chapter 205 (Zoning).
B.
The limits of all wetlands determined to be present
on the subject property shall be flagged by the wetlands specialist
and identified on the subject property by customary survey markers
and shall be delineated on the plan. Wetlands areas shall be tabulated
on the plan in acres.
C.
No portions of wetlands areas shall be subdivided,
filled, developed, or cleared of vegetation unless granted permission
to fill and/or eliminate the wetlands area under state and/or federal
permit, including nationwide permits authorized by the United States
Army Corps of Engineers; they shall remain as essentially undisturbed
natural areas.
D.
No buildings, structures, impervious surface, fill,
obstructions to drainage, or land disturbance shall be situated nearer
than 25 feet to a delineated wetlands area. The placement of fill,
regrading, or other obstructions to surface sheet flow, or the clearing
or removal of natural vegetation within this setback area, shall be
prohibited. For areas within this same twenty-five-foot building setback
that are devoid of any natural vegetation, fencing, landscaping, and
lawn areas shall be permitted. Notwithstanding all of the foregoing,
limited cuts into the surface area of this twenty-five-foot setback
area in conjunction with the placement of outfall stabilization facilities
therein (such as stone rip-rap, turf stabilization, or other geosynthetic
materials) may be permitted for the purpose of stabilizing and/or
installing stormwater management outfalls, thus providing for a nonerosive
flow condition at the outfall, provided that such encroachments into
the twenty-five-foot setback area shall be limited to a maximum distance
into the wetland buffer of 15 feet measured from the twenty-five-foot
wetland buffer line, and shall be limited to a maximum width of 20
feet.
[Amended 3-28-2006 by Ord. No. 06-08]
A.
Lakes, ponds, rivers, and streams shall be left as
permanent open space. No filling, piping or diverting of water bodies,
lakes, ponds, or streams shall be permitted except for required roads,
to be approved by the U.S. Army Corps of Engineers, DelDOT, and/or
DNREC as appropriate.
B.
No buildings, structures, or paved surfaces, except
stairs and ramps, fences, open decks, patios or docks with a combined
area of 200 square feet or less, shall be permitted to be constructed
nearer than:
(1)
One hundred feet to the shoreline, as defined by the
mean high-water line, of any tidal water body, tidal stream, or tidal
marsh; or
(2)
One hundred feet to the shoreline, as defined by the
mean high-water line of any nontidal freshwater water body, lake,
pond, or blue-line stream as depicted on the most recent revision
of the United States Geological Survey Topographic Quadrangle Maps;
or
(3)
Fifty feet to the shoreline or top of bank, as defined
by a greater than 50% change in slope in a distance of less than 10
feet, of any stream (non-blue-line), creek, or drainage ditch.
C.
For projects located within a promulgated total maximum
daily load (TMDL) basin, the property owner or applicant acting on
his or her behalf shall be responsible for the preservation or reestablishment
of riparian buffers in order to facilitate the reduction of nutrients
and other pollutants to the level necessary to ensure compliance with
TMDL load reductions. Existing riparian buffers shall either be preserved
as provided above or planted to within 100 feet from the center line
of the stream. The clearing or removal of natural vegetation within
this setback area shall be prohibited.
A.
Buffering of nonresidential uses other than agriculture.
Visual and sound screening shall be provided on nonresidential use
properties (other than agricultural uses) when abutting a residential
use. Screening shall consist of an opaque barrier at least six feet
in height accompanied by landscaping.
(1)
Opaque barrier options. The requirement for the opaque
barrier may be met by choosing one of the following:
(a)
An opaque wooden fence.
(b)
A wall constructed of masonry materials, either
stucco, brick, split-faced block, or decorative concrete.
(c)
An earthen berm (4:1 maximum side slopes).
(d)
Dense, durable and continuous evergreen tree
planted screen of at least six feet in height at the time of planting
and arranged to effectively achieve an opaque visual buffer.
(e)
Any combination of fencing, landscaping and/or
berming that achieves a six-foot-high opaque barrier.
B.
Buffering from agricultural uses.
(1)
Visual screening shall be provided on residential
development properties when adjoining agricultural use properties.
Such screening may consist of:
(a)
Dense, durable, and continuous evergreen tree
planted screen of at least six feet in height at the time of planting
and arranged to effectively achieve an opaque visual buffer;
(b)
A combination earthen berm (4:1 maximum side
slopes) and continuous evergreen tree plantings to achieve an effective
height of six feet at the time of planting; or
(c)
Any combination of fencing, landscaping, and/or
berming that achieves a six-foot-high opaque barrier.
(2)
Agricultural use protections. Normal agricultural
uses and activities conducted in a lawful manner are preferred and
priority uses and activities in the Agricultural Conservation (AC)
and Agricultural Residential (AR) Zoning Districts outside of the
growth zone and in all state-authorized Agricultural Preservation
Districts. In order to establish and maintain a preference and priority
for such normal agricultural uses and activities and avert and negate
complaints arising from normal noise, dust, manure and other odors,
the use of agricultural chemical and nighttime farm operations, land
use within the AC and AR Zoning Districts and adjacent to Agricultural
Preservation Districts shall be subject to the following:
(a)
For any new subdivision or land development
located in whole or in part within the AC or AR Zoning Districts outside
of the growth zone or within 300 feet of the boundary of an Agricultural
Preservation District, the owner of the subdivision or land development
shall provide as a note on the plan and in the deed restrictions and
any leases or agreements of sale for any residential lot or dwelling
unit the following notice: "This property is located in the AC or
AR Zoning District outside of the Growth Zone or in the vicinity of
any established Agricultural Preservation District in which normal
agricultural uses and activities have been afforded the highest priority
use status. It can be anticipated that such agricultural uses and
activities may now or in the future involve noise, dust, manure and
other odors, the use of agricultural chemicals, and nighttime farm
operations. The use and enjoyment of this property is expressly conditioned
on acceptance of any annoyance or inconvenience which may result from
such normal agricultural uses and activities."
(b)
For any new subdivision or land development
located in whole or in part within 50 feet of the boundary of an Agricultural
Preservation District, no improvement requiring a certificate of occupancy
shall be constructed within 50 feet of the boundary of the Agricultural
Preservation District.
(c)
Normal agricultural uses and activities conducted
in accordance with good husbandry and best management practices in
the AC and AR Zoning Districts outside of the growth zone and adjacent
to all Agricultural Preservation Districts shall be deemed protected
actions and not subject to any claim or complaint of nuisance, including
any such claims under any existing or future County code or ordinance.
In the event a formal complaint alleging nuisance related to normal
agricultural uses and activities is filed against an owner of lands
located within the AC or AR Zoning Districts or within an Agricultural
Preservation Districts, such owner, upon prevailing in any such action,
shall be entitled to recover reasonably incurred costs and expenses
related to the defense of any such action, including reasonable attorney's
fees.
C.
Parking lots. Whenever a parking lot is located across
the street from a residential use, it shall be edged with low-profile
evergreen hedge planting located along a line drawn parallel to the
street and a distance of 20 feet therefrom, such hedge to be interrupted
only at points of ingress and egress. The open area between such hedge
and the street shall be landscaped in harmony with the landscaping
prevailing on neighboring properties fronting on the same street.
D.
Buffers along arterial streets. Where development
proposals front on an arterial street, a landscape buffer shall be
required along the arterial road frontage. These buffer areas shall
be a minimum of 30 feet in depth, measured from the right-of-way line
of the arterial street, and shall, at the time of development of the
property, be planted with a variety of trees, shrubs and ground cover
so as to create a distinctive and consistent visual character of the
arterial street. The landscape design and planting plan for these
arterial street buffer areas shall be subject to the approval of the
Planning Commission as an integral part of the site development plan.
When it can be demonstrated to the satisfaction of the Commission
through the plan review process that, due to specific constraints
related to existing lot size, lot configuration or the orientation
of existing buildings on adjoining properties, compliance with this
section would severely limit the development potential of the property
or would cause the property to be out of character with the surrounding
built environment, the Commission may approve a lesser amount of buffering,
provided that the basic objective of establishing landscaped green
space along arterial roadways is achieved.
E.
Required landscape buffers shall be prepared by or
in conjunction with a design professional, including a licensed forester,
landscape architect, or certified nursery professional, and shall
be shown on a copy of a preliminary plat, sketch, or site plan, as
appropriate to the proposed development, drawn to the same scale and
covering the same area as the other plan documents prepared for the
Planning Commission hearing.
F.
All required landscape buffers shall be planted prior
to issuance of 50% by bonded phase of the certificates of occupancy
and maintained by the applicant until all of the certificates of occupancy
have been issued; provided, however, that no required landscape planting
should be conducted between May 15 and September 1.
[Added 1-25-2011 by Ord. No. 11-04]
A.
No buildings, structures, or paved surfaces shall be permitted to
be constructed nearer than 150 feet to a public drinking water supply
well, except that buildings and access associated with the well and
related fencing, treatment, water storage, and distribution facilities
shall be permitted.
B.
The natural runoff flowing into and through the one-hundred-fifty-foot
wellhead buffer shall be allowed, and all new stormwater runoff shall
be diverted around the buffer.
C.
Between 150 and 300 feet from a public drinking water supply well,
stormwater from new development shall be treated using water quality
best management practices in accordance with current requirements
of the Delaware Sediment and Stormwater Regulations dated October
11, 2006, or as later revised.
D.
A public drinking water supply well is any well from which the water
is used to serve a community water system by Section 22.146 (Public
Water Systems) in the Delaware State Regulations Governing Public
Drinking Water Systems.
E.
Maps prepared by the Delaware Department of Natural Resources and
Environmental Control delineating applicable wells in accordance with
7 Del. C. § 6082(b) and 9 Del. C. § 4956(g)(4),
and which may be updated from time to time in accordance with 7 Del.
C. § 6082(e) and (f), are available in the office of the
Department of Planning Services.
F.
The following are exempt from these buffer standards:
(1)
Private residential wells serving individual households;
(2)
Wells used for agricultural purposes;
(3)
The replacement of any existing public water supply well that
was not required to meet the wellhead protection requirement at the
date of its original installation and has failed shall be exempt from
meeting this wellhead protection requirement, provided that the replacement
well is drilled at a distance not to exceed 10 feet from the original
well;
(4)
Minor subdivisions;
(5)
Recorded subdivisions;
(6)
Revisions to recorded subdivision plans that do not result in
the creation of additional lots;
(8)
Improvements to existing residential lots, including additions
to existing one-family dwellings, the placement of sheds, and fences;
(9)
Subdivision and land development projects, conditional use site
plans, and site plans for which a preapplication has been conducted
and conditional use site plans for water supply in an existing recorded
subdivision; and
(10)
Any nonmotorized recreational facilities, including but not
limited to pavilions, walking trails, playgrounds, etc.
[Added 6-25-2019 by Ord.
No. 19-09]
A.
Purpose and intent. The purpose of this section is to ensure that
land use activities are conducted in such a way as to minimize the
impact on and reduce the risk of contamination to excellent groundwater
recharge areas which are the source for public drinking water in Kent
County. These standards apply only to areas that lie within an excellent
groundwater recharge area. This section is intended to satisfy the
requirements of the Delaware Source Water Protection Law 2001 as codified
in 7 Del. Laws, c. 60, Subchapter VI, Source Water Protection, § 6082(b)
and (f), and apply only to projects located within identified Excellent
Recharge Areas.
B.
Excellent groundwater recharge area maps.
(1)
Maps prepared and provided by the Department of Natural Resources
and Environmental Control (DNREC) delineating excellent groundwater
recharge potential areas in Kent County are hereby referenced in accordance
with 7 Del. Laws, c. 60, §§ 6082(b) and 6083.
(2)
The Department of Natural Resources and Environmental Control
periodically shall provide the Kent County Department of Planning
Services and Kent County Levy Court with updated Excellent Recharge
Area Maps which shall be referenced by this chapter and shall be made
available to the public upon request and posted on the County website.
(3)
When there appears to be a conflict between the mapped boundary
and actual site conditions, the applicant may engage the services
of a professional geologist to prepare a report intended to determine
more accurately the precise boundary of the Source Water Protection
Area. The report shall include:
(a)
A detailed topographic layout of the subdivision and/or area
to be developed and prepared by a state-registered professional land
surveyor or professional geologist.
(b)
Evidence derived from a site-specific investigation that may
include aquifer testing, test borings, test pits, observation wells,
groundwater elevations, and topography surveys as appropriate for
the type of source water protection area that clearly demonstrates
that the area in question does not meet the definition of a "source
water protection area" as defined.
(c)
Any challenges to the delineations of the good or excellent
groundwater recharge potential areas must follow the methods used
in the Delaware Geological Survey publication: Report of Investigations
No. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex
Counties, Delaware. The challenge must be approved by DGS and DNREC
SWAPP.
(d)
Notwithstanding any other section of this chapter, if an owner
initiates a precise boundary delineation pursuant to this section,
any and all time review limitations shall be stayed pending the submission
of the complete report contemplated by this section. Following submission
of the report and all supporting documents, DNREC shall have 60 days
to finally approve or disapprove the exploratory sketch plan submission
or such further time as deemed necessary by DNREC, but not to exceed
an additional 60 days.
(4)
The excellent groundwater recharge must be shown on all subdivision
plans and all land development plans whether reviewed administratively
or by the Regional Planning Commission and Levy Court.
C.
ABOVEGROUND STORAGE TANK (AST)
BEST MANAGEMENT PRACTICES
CONTAMINATION
ENVIRONMENTAL ASSESSMENT REPORT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
EXCELLENT GROUNDWATER RECHARGE AREAS
GROUNDWATER
HAZARDOUS WASTE
IMPERVIOUS COVER
INFILTRATION
LAND-DISTURBING ACTIVITY
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)
ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEM
RUNOFF
SANITARY LANDFILL
SOURCE WATER PROTECTION OVERLAY ZONE
STORMWATER
STORMWATER MANAGEMENT
(1)
(2)
UNDERGROUND STORAGE TANK (UST)
WATER QUALITY
WATER QUANTITY
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A single containment vessel greater than 250 gallons as defined
in the Delaware Regulations Governing Aboveground Storage Tanks. ASTs
with a storage capacity greater than 12,499 gallons containing petroleum
or hazardous substances and ASTs with a storage capacity greater than
39,999 gallons containing diesels, heating fuel or kerosene are subject
to the design, construction, operations, and maintenance requirements
of the Delaware AST regulations.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to control
nonpoint source pollutants yet are compatible with the productive
use of the resource to which they are applied. Such techniques can
include applying the principles of filtration, infiltration and storage
most often associated with natural vegetation and undisturbed soils
while minimizing a reliance on structural components. They may also
be constructed using an imported soil medium and planted with vegetation
designed to promote the natural hydrologic process. These practices
include, but are not limited to, vegetative filtration, riparian buffer
plantings, bioretention areas, vegetative flow conveyance, as well
as recharge and surface storage in undisturbed natural areas. These
are used in both urban and agricultural areas.
Any physical, chemical, biological, or radiological substance
that enters the hydrologic cycle through human action and may cause
a deleterious effect on groundwater resources.
Documents that post-development recharge will be no less
than predevelopment recharge for both water quality and quantity when
computed on an annual basis. The environmental assessment report at
a minimum needs to include the following elements:
Site description of proposed development within the water resource
protection area.
Climatic water balance comparing predevelopment and post-development
recharge potential for both water quantity and quality.
Subsurface exploration, including borings, test pits, and infiltration
tests.
Design of groundwater recharge facilities that assure water
quality as well as water quantity.
Construction and maintenance considerations.
Recommended groundwater monitoring plan.
Water management agreement between the applicant and the County
providing for monitoring and maintenance of the recharge system. The
applicant will abide by the groundwater management agreement as written
in the DNREC Supplement to the Source Water Protection Guidance Manual
for the Local Governments of Delaware: Ground-Water Recharge Design
Methodology, dated May 2005, or as later revised.
Those areas with a high percentage of sand and gravel that have excellent potential for recharge as determined through a stack unit mapping analysis delineated by the Delaware Geological Survey and presented in the Report of Investigations No. 66, Ground-Water Recharge Potential Mapping in Kent and Sussex Counties, Delaware, Geological Survey, 2004. Excellent Groundwater Recharge Areas are delineated on the Excellent Groundwater Recharge Area Maps described in Subsection B(1) of this section.
The water contained in interconnected pores located below
the water table in an unconfined aquifer or located in a confined
aquifer.
A solid waste or combination of solid wastes which because
of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating,
irreversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed. Without limitation,
included within this definition are those hazardous wastes described
in Sections 261.31, 261.32, and 261.33 of the Delaware Regulations
Governing Hazardous Waste.
The sum of parking lots, roads, buildings, sidewalks, or
other created surfaces through which rainwater cannot pass or infiltrate
the soil. Materials such as permeable pavers, permeable concrete or
asphalt, and permeable plastic grid systems, shall not be considered
impervious.
The passage or movement of water through the soil profile.
A land change or construction activity for residential, commercial,
industrial, and institutional land development which may result in
soil erosion from water or wind, or the movement of sediments or pollutants
into state waters or onto lands in the state; or which may result
in accelerated stormwater runoff, including, but not limited to, clearing,
grading, excavating, transporting and filling of land.
A rating system developed and administered by the U.S. Green
Building Council based in Washington, DC. It is designed to promote
design and construction practices that increase profitability while
reducing the negative environmental impacts of buildings and improving
occupant health and well-being. The LEED rating system offers four
certification levels for new construction which includes Certified,
Silver, Gold and Platinum, corresponds to the number of credits accrued
in five green design categories: sustainable sites, water efficiency,
energy and atmosphere, materials and resources and indoor environmental
quality. LEED standards cover new commercial construction and major
renovation projects, interior projects and existing building operations.
Conventional or alternative wastewater treatment and disposal
systems installed or proposed to be installed on land of the owner
or on other land to which the owner has the legal right to install
the system.
That portion of precipitation or snow melt that has not evaporated
or infiltrated into the soil, but flows on land or impervious surfaces.
A land site at which solid waste is deposited on or into
the land as fill for the purpose of permanent disposal, except that
it will not include any facility that has been approved for the disposal
of hazardous waste under the Delaware Regulations Governing Hazardous
Waste.
Wellhead Protection Areas and Excellent Ground Water Recharge
Areas.
The runoff of water from the surface of the land resulting
from precipitation or snow or ice melt.
For water quantity control, a system of vegetative, structural,
and other measures that may control the volume and rate of stormwater
runoff, which may be caused by land-disturbing activities or activities
upon the land; and
For water quality control, a system of vegetative, structural,
and other measures that control adverse effects on water quality that
may be caused by land-disturbing activities upon the land.
One or a combination of tanks including underground pipes,
the volume of which is 10% or more below ground, as defined in the
Delaware Regulations Governing Underground Storage Tank Systems, dated
March 12, 1995. The following USTs are not subject to the design,
construction, operation, and maintenance requirements of the Delaware
UST Regulations: residential heating fuel, agricultural, and residential
motor fuel USTs less than 1,100 gallons, and any UST less than 110
gallons.
Those characteristics of stormwater runoff from an impervious
surface or a land-disturbing activity that relate to the chemical,
physical, biological, or radiological integrity of water.
Those characteristics of stormwater runoff that relate to the
volume of stormwater runoff to downstream-gradient areas resulting
from land-disturbing activities.
Those characteristics of stormwater that relate to the volume
of stormwater that infiltrates the land surface and enters the underlying
aquifer.
D.
New development design criteria.
(1)
New development that does not exceed 20% impervious coverage
in Excellent Recharge Areas shall be considered in compliance with
these regulations.
(2)
New development in Excellent Recharge Areas may exceed the gross impervious cover threshold of 20% up to the maximum impervious cover permitted by Chapter 205, Zoning, provided that stormwater up to and including the two-year frequency storm event is:
(a)
Treated according to best management practices; and
(b)
Directed to recharge BMPs utilizing infiltration or surface
water recharge, not to include extended detention, and designed per
the most recently enacted Delaware Sediment and Stormwater Regulations;
or
(c)
The project is LEED-certified (Leadership in Energy and Environmental
Design) in the sustainable sites category; or
(d)
The applicant demonstrates through an environmental assessment
report prepared by a registered professional geologist or registered
professional engineer familiar with the hydrogeologic characteristics
of Kent County using a climatic water budget that the post-development
recharge quantity will meet or exceed the predevelopment recharge
quantity. The environmental assessment report shall be submitted to
DNREC for review and comment prior to plan approval.
(3)
For all new construction within an Excellent Recharge Area,
all structures except for residential dwellings shall be required
to discharge roof drains into recharge facilities designed per the
most recent Delaware Sediment and Stormwater Regulations. No discharge
by roof drains to impervious surfaces, except for residential dwellings,
is permitted in excellent groundwater recharge areas.
E.
Redevelopment design criteria.
(1)
Redevelopment resulting in impervious cover of 20% or less within
the Excellent Recharge Area shall be considered in compliance with
these regulations.
(2)
Redevelopment resulting in impervious cover of more than 20%
but also resulting in a reduction of impervious cover of 5% within
the Excellent Recharge Area shall be considered in compliance with
these regulations. A reduction of less than 5% is permitted if it
results in impervious cover of 20% within the Excellent Recharge Area.
(3)
Redevelopment resulting in impervious cover of more than 20% and resulting in an increase of impervious surface within the Excellent Recharge Area shall meet the requirements of Subsection D(2) of these regulations.
(4)
When increased impervious cover is proposed within an Excellent
Recharge Area, the site must provide stormwater management for the
increased runoff.
(5)
Special environmental considerations. On sites where infiltration
would be contrary to a clean-up agreement or other conditions imposed
by the Department of Natural Resources and Environmental Control or
the U.S. Environmental Protection Agency, the impervious surface limitation
of this section shall not apply to the affected areas. Such sites
shall be certified by the Department of Planning Services as part
of the development review process.
F.
Nonconforming uses. Nonconforming uses may continue in excellent
groundwater recharge potential areas in the form in which they existed
at the time of the adoption of this section, unless they pose a direct
hazard to the County's water upon advice from the Delaware Division
of Public Health, or are causing some foreign substances (oil, salts,
chemicals, or other substances) to be introduced into the water supply,
as determined by DNREC's Division of Air and Waste Management and/or
Division of Water Resources. In the latter case, the Building Department
shall issue a mandatory cease-and-desist to stop the offending activity
within the area. Nonconforming existing underground or above-ground
storage of oil, petroleum, and petroleum products shall require secondary
containment pursuant to the State of Delaware regulations governing
underground storage tanks or for above-ground storage of petroleum
products, secondary containment facilities capable of capturing the
material stored on the site, for existing facilities that are proposed
either to be upgraded or replaced.
G.
Exemptions. The following are exempt from these standards:
(1)
Minor subdivisions;
(2)
Recorded major subdivisions;
(3)
Revisions to recorded subdivision plans that do not result in
the creation of additional lots;
(5)
Improvements to existing residential lots, including additions
to existing one-family dwellings, the placement of sheds, and fences;
and
(6)
Subdivision and land development projects, conditional use site
plans, and site plans for which a preapplication has been conducted
prior to adoption of these regulations.