Kent County, DE Required Improvements

All new streets dedicated for public access shall be constructed in accordance with the construction standards adopted by the State Department of Transportation (DelDOT) for subdivision streets. Existing private roads and streets which are intended to be public streets and which do not meet State Department of Transportation specifications shall be brought into conformity.

Roadbed and roadway wearing surface.

(a)

The roadbed and roadway wearing surface shall be constructed in accordance with applicable state regulations. Curbs and gutters shall be provided in all subdivisions unless all of the following are met:

The average lot size is 1/2 acre or larger;

The average lot frontage is 100 feet;

Street grades are less than 6%; and

[4]

Building setbacks are at least 60 feet.

(b)

Subdivisions with water resource conservation practices including open drainage systems are encouraged and alternatives to employ such practices shall be demonstrated. Where curbs and gutters are not required, stabilized shoulders and stabilized drainageways outside the shoulders shall be provided.

Street name signs of an approved design shall be erected at each new street or road intersection.

Private streets shall be designed and constructed in accordance with the following specifications:

(a)

Right-of-way area and subgrade preparation:

Private road right-of-way areas shall be cleared of all trees, shrubs, brush, stumps, root masses, other vegetation, rocks, litter, and other debris or obstructions in accordance with the provisions of DelDOT Standard Specifications, Section 201 (Clearing and Grubbing).

The private road subgrade shall be prepared in accordance with the provisions in DelDOT Standard Specifications, Section 202.06.

The condition of all right-of-way areas and subgrade preparations shall be inspected and approved for conformity with these regulations by the Department.

(b)

Base course material shall meet the minimum requirements of DelDOT Standard Specifications, Section 209 for Type G Select Borrow material. Base course shall be prepared in accordance with the provisions of DelDOT Standard Specifications, Section 301 (Select Borrow Base Course).

(c)

Bituminous surface treatment shall be applied in the following quantities and methods:

Primary course: Priming asphalt shall be applied at a rate of 0.5 gallon per square yard and shall be covered by 50 pounds of three-fourths-inch stone or 40 pounds of three-fourths-inch crushed slag material.

Secondary course: Sealing asphalt shall be applied at rate of 0.35 gallon per square yard and shall be covered by 20 pounds of one-half-inch stone or 20 pounds of one-half-inch crushed slag material.

Top course: Sealing asphalt shall be applied at a rate of 0.35 gallon per square yard and shall be covered by 20 pounds of one-half-inch stone or 20 pounds of one-half-inch crushed slag material.

[4]

Material and construction methods: Materials and construction methods shall be in compliance with DelDOT Standard Specifications, Section 404 (Bituminous Surface Treatment).

(d)

As an alternative to bituminous surface treatment described above, the applicant may choose to construct private streets using hot-mix, hot-laid bituminous concrete pavement. Materials and construction methods for hot-mix paving shall be in accordance with DelDOT Standard Specifications, Section 401 (Hot-Mix, Hot-Laid Bituminous Concrete Pavement).

Construction plans for any proposed private street shall be prepared by a professional engineer registered to practice engineering in the State of Delaware or a State of Delaware registered professional surveyor for submission to and review by the Kent County Department of Public Works. Such plans shall be prepared on twenty-four-by-thirty-six-inch plan sheets at a scale no smaller than one inch equals 50 feet. All design and plan information shall comply with the provisions of this chapter for streets to be dedicated as public streets.

(6)

The Kent County Department of Public Works shall review the construction plans for conformity with all applicable provisions of this chapter. Upon approval of the construction plans by the County, the preparer shall submit final signed, dated, and sealed construction plans to the County in a quantity specified by the County. The approved construction plans shall be adhered to in the construction of the approved private streets. Any deviation from the approved construction plans must be approved by the Department of Public Works prior to implementation or construction.

(7)

The Levy Court may establish a separate review fee for reviewing private street construction plans.

(8)

The County shall establish a street construction inspection schedule and procedure for each subdivision for which private street construction is proposed. The street construction inspection is intended for the purpose of inspecting the construction of private streets for conformity with the approved construction plans and with all applicable provisions of this chapter. All street construction completion and performance bonding requirements which govern acceptance of streets dedicated to public use shall be in full force and effect for private streets.

Surface drainage facilities and erosion and sedimentation control.

The subdivision shall be provided with such storm drains, culverts, drainageways, or other works as are necessary to collect and manage surface and concentrated stormwater originating on or flowing across the subdivision, in order to prevent inundation and damage to streets, lots, and buildings.

All surface drainage facilities and erosion and sedimentation control measures shall be in accordance with the state agency having jurisdiction.

Lots shall be located and configured to provide positive drainage and prevent any nuisance flooding that would restrict reasonable use from occurring anywhere within the lot or on any adjacent lot or adjoining property.

All drainage and stormwater management facilities not maintained by DelDOT shall be maintained by an approved homeowners' association or maintenance organization.

Wherever practicable, and particularly outside of the designated growth zone, the County encourages the use of vegetated swales and biofiltration devices as key components of stormwater management plans.

Water supply facilities.

Subdivisions requiring a public water supply under the rules and regulations of the State Department of Natural Resources and Environmental Control (DNREC), the Office of the State Fire Marshal, the Department of Health and Social Services (DHSS), or the County as enumerated in Table X-1 below shall be provided with a community water supply and distribution system. The source of supply may be municipal or private.

The supply, treatment, and distribution system for the subdivision shall meet the standards of the utility and the applicable standards of the respective state agencies having jurisdiction.

Individual on-site wells must be permitted and installed in accordance with DNREC requirements. All public wells located in a development should be at least 150 feet away from the outside boundary of the subdivision.

Water supply facilities for both minor and major subdivisions shall be required according to Table X-1 below.

TABLE X-1
Water Supply Facilities [Amended 11-28-2006 by Ord. No. 06-49]
Location of Subdivision	1 to 10 lots	11 to 50 lots	51 or more lots
Inside of growth zone	On-site well until central water is available	Central water system with fire protection	Central water system with fire protection
Outside of growth zone	On-site wells permitted	Central water system with fire protection	Central water system with fire protection
Outside of growth zone and low density	On-site wells; 1 DU per 1 acre with a +/- 25% variation in lot size	On-site wells; 1 DU per 2 acres with a +/- 25% variation in lot size	On-site wells; 1 DU per 4 acres with a +/- 25% variation in lot size
Notes: DU = Dwelling Unit

Sanitary sewerage facilities.

[Amended 7-18-2006 by Ord. No. 06-24;[1] 3-25-2008 by Ord. No. 08-06[2]; 12-15-2009 by Ord. No. 09-34[3]; 10-22-2013 by Ord. No. 13-16]

Subdivisions and land development connected to the County sanitary sewer collection and transmission systems shall be designed and constructed in accordance with the requirements of Kent County Code Chapter 180.

Subdivisions and land development connected to municipal sanitary sewer collection and transmission systems shall be designed and constructed in accordance with the requirements of the respective municipality.

Nonresidential development within the Growth Zone shall connect to the County sanitary sewer system unless connection is deemed infeasible by the Department of Public Works in the associated technical feasibility study.

County sanitary sewer collection and transmission systems within the growth zone shall be dedicated to public use immediately after receiving final acceptance by the Department of Public Works.

Individual residential on-site sewage disposal systems permitted as per Table X-2 below must comply with all applicable requirements of the Kent County Department of Public Works and the Delaware Department of Natural Resources and Environmental Control.

(6)

Individual residential on-site sewage disposal systems sited in a watershed with an established total maximum daily load (TMDL) shall be designed and installed in accordance with the nutrient load reductions prescribed by the TMDL or they shall use the best available technologies in order to achieve the required nutrient reduction targets set for the particular watershed.

(7)

Subdivisions outside the growth zone utilizing individual on-site sewage treatment and disposal must submit a system master plan with individual site evaluations for each lot. Subdivisions which follow the low-density guidelines under Table X-2 below are exempt from this requirement. Site evaluations shall be performed by a certified soil scientist and shall be an addition to the soil feasibility study requirements of DNREC. Said master plan shall be submitted prior to recordation and must be recorded in conjunction with the record plan.

(8)

Sanitary sewerage facilities for subdivisions shall be required in accordance with Table X-2 below:

Table X-2
Sanitary Sewer Requirements
Location of Subdivision or land development	1 to 10 lots or DUs	11 to 25 lots or DUs	26 to 50 lots or DUs	51 or more lots or DUs
Inside of Growth Zone	County sewer service, except that lots created through minor subdivision may utilize individual on-site septic	County sewer service	County sewer service¹	County sewer service¹
Outside of Growth Zone	Individual on-site septic; 1 DU per 1 acre; minimum lot size of 1 acre.^{2, 3}	Individual on-site septic; 1 DU per 2 acres; minimum lot size of 2 acres.^{2, 3}	Individual on-site septic; 1 DU per 3 acres; minimum lot size of 3 acres.^{2, 3}	Individual on-site septic; 1 DU per 4 acres; minimum lot size of 4 acres.^{2, 3}

	NOTES:
	¹	Central sewer service design shall include exterior lots previously subdivided out of said parcel.
	²	Minimum lot size may be reduced to 1/2 acre as part of a cluster subdivision with the approval of Levy Court.
	³	Properties located outside of the Growth Zone but with legal and technical access to County sewer service in the course of a remediation project, as defined by Chapter 180, may utilize County sewer but will remain subject to the stated density provisions. Furthermore, the resulting subdivision or land development shall not yield any more unit count than could have been achieved by using individual on-site septic systems (i.e., if the soil types are such that the use of septic systems constrains dwelling unit yield more than the above density restrictions, the more restrictive unit yield shall apply).
	DU = Dwelling Unit

Editor's Note: This ordinance shall be effective upon the date of adoption; provided, however, that this ordinance shall not apply to any parcel of land for which a land use application pursuant to Chapter 187 or Chapter 205 of the Kent County Code has been received by the Kent County Department of Planning Services, prior to the effective date of this ordinance; the Kent County Department of Planning Services has conducted a preapplication meeting pursuant to Chapter 187 or Chapter 205 of the Kent County Code, prior to the effective date of this ordinance, and said preapplication has not expired pursuant to § 187-17 (Preliminary Conference, Subsection D) or § 187-35 (Preliminary Conference, Subsection D); or a complete application pursuant to § 180-21 (Sanitary Sewer District Creation Extension, or Modification Requests) has been approved by the Kent County Sewer Advisory Board, prior to the effective date of this ordinance.

Editor's Note: This ordinance provided that any subdivision and land development projects that have received preliminary plan approval by the Regional Planning Commission, or Levy Court approval in the case of planned unit developments and cluster subdivisions, shall not be subject to its provisions for as long as their approval remains valid.

Editor's Note: This ordinance also provided that subdivision and land development projects that have received preliminary plan approval by the Regional Planning Commission or Levy Court approval in the case of planned unit developments and cluster subdivisions shall not be subject to the provisions of this ordinance for as long as their approval remains valid.

Underground utilities.

The Commission may require recordation of easements for utility purposes.

All electrical, telephone, water, sewer, gas, or other utilities requiring a centralized facility and providing services to multiple development parcels either within or outside the subdivision shall be provided on separate, private parcels owned in fee simple or by easement by the proprietary utility company and not included within the open space calculation for that or any community so served.

All utility easements required for the subdivision shall be shown on the record plan fully dimensioned and identified as to which utility is served by the easement. All utility companies shall be contacted by the applicant concerning the need or desire for said utility and approvals of utility locations provided from each utility. If a particular service will not be installed at the time of construction, but is planned for the future, then adequate easements shall be provided on the record plan with the written approval of the easement locations from the utility company providing service.

Utility easements in private rights-of-way or in joint-use recreation areas may be required by the Commission, if the design considerations of the proposed subdivision warrant such easements. Necessary franchise and utility construction permits shall be obtained from the State Department of Transportation for utilities within public rights-of-way.

Electrical and telephone wires and cables shall be placed underground in accordance with the rules and specifications of the Commission.

Reference monuments.

Monuments of ferrous metal pipe, 1/2 inch in diameter and at least 18 inches in length, shall be set in place by the applicant flush with proposed surface grade at all points on the subdivision boundary lines and right-of-way lines, and at all corners and tangent points, excluding natural bodies of water, where there is a change in direction or curvature.

Monuments shall also be set in place on each corner of each building lot by the applicant prior to final settlement of each lot.

A minimum of two corners shall be marked with concrete monuments as boundary evidence. If existing concrete monuments are present, and in their correct location as proven by a certified boundary survey, they will be suitable as evidence required herein.

The applicant shall provide certification to the Department that all required monuments have been set prior to acceptance of the streets by DelDOT.

Street names.

All new public streets shall be named.

Private streets serving two or more lots must be named.

Private streets serving fewer than two lots may be named.

Street names shall be selected so as not to duplicate existing names and shall be approved by the Department.

All new names shall be submitted to the Commission's staff for approval. The applicant shall be responsible for the placement of all new street name signs.

(6)

Required street signs must be in place prior to issuance of a certificate of occupancy in any phases where certificates of occupancy are being requested.

(7)

When a subdivision is created containing only one internal street with no indication of extension of other streets within or outside of the parcel, the street and subdivision may share the same name.

Streetlights and trash districts.

Streetlights shall be installed in major subdivisions with 51 or more lots and a density of 2.5 dwelling units per acre. Streetlight districts shall be created in accordance with the requirements of the Department of Public Works unless specifically not required by the Commission. Streetlight districts may also be created in subdivisions of less than 51 lots in accordance with the requirements of the Department of Public Works and approval by the Commission.

At a minimum, all major subdivisions shall have lighted entrances.

Streetlights and other outdoor lighting shall be shielded or directed downward so that light intensity and glare do not adversely affect neighboring property owners or passing motorists. Such lighting shall be considered to adversely affect another person when such lighting would disturb a person of normal sensibilities.

Trash districts shall be created in major subdivisions in accordance with the requirements of the Department of Public Works unless specifically not required by the Commission.

Utility infrastructure bulk standards.

[Added 7-18-2006 by Ord. No. 06-24[4]]

Community sanitary sewer treatment and disposal systems must serve all properties of a public utility as defined under Delaware Code Title 26, which received a certificate of public convenience and necessity from the Public Service Commission, located in a community sewer basin as delineated in the Kent County Comprehensive Plan. These systems must be sited on separate tax parcels established for the sole purpose of occupancy by utility structures and disposal systems. Community sanitary sewer treatment and disposal systems shall be considered public utilities and public utility uses requiring conditional use approval in accordance with the provisions of Chapter 205 and Chapter 187 and shall be considered "nonresidential use properties," and as such shall also be subject to the opaque buffer and landscape screening requirements of § 187-79 (Buffers) applicable to nonresidential uses that adjoin residential use properties.

It shall be unlawful for any utility structure or use to emit noise which exceeds the ambient noise level by 5 decibels measured at the property line of any residential dwelling lot. For purposes of this section, "ambient noise level" shall be the all-encompassing background noise associated with a specific location without the contribution of the specific noise emitted from the utility structure or use. Enforcement of this provision shall be in accordance with the provisions of § 161-3 of Kent County Code.

Major residential subdivision and land development plans that propose the construction of any utility structure or building shall be accompanied by architectural elevation drawings that depict the proposed utility structure or building architecture. materials, dimensions, and proposed exterior colors. Proposed utility structures and buildings shall reflect an overall scale and exterior material treatment similar to the dominant residential architectural elements and themes proposed within the neighborhood. The Regional Planning Commission shall review the architectural elevation drawings as an integral part of the preliminary subdivision plan review or site plan review and determine whether the massing, scale, proportions and exterior materials are compatible with the proposed residential neighborhood.