05.050 Applicability
       10.120 Wetlands
       10.126 RBA Design Standards
       10.140 Drainageways
    10.231 Nurseries
    10.233 Golf Courses
    10.600 Storage of Hazardous Substances and Petroleum Products
       10.701 Environmental Impact Assessment Report
       20.220 Lots
       20.225 Required Open Space
       20.510 Mapping Criteria
       22.120 Fill
          Developable Land
          Environmental Impact Assessment Report
          Open Space, Natural Resource Area
          Riparian Buffer Area
          Wetland Delineation and Report
          B. Exploratory Plan.
          D. Record Plans (planning)
       2. Land Development Plan Requirements.
          D. Wetland Report
          L. Natural Resources Area Management Plan
       4. Source of Data for Establishing Resource Protection Levels (supplement to Table 40.05.420)
       9. General Concepts.

Found Section 40.05.050

DIVISION 40.05.050    APPLICABILITY

At the preapplication stage for a rezoning or a major or minor subdivision or land development proposal, the applicant shall comply with the requirements of this Article and shall submit a complete site carrying capacity analysis pursuant to Section 40.05.510, except as follows.

  1. A site resource capacity analysis pursuant to Division 40.05.400 need not be conducted for any site containing no natural resources listed within Section 40.05.420, or for any sites designated as a redevelopment plan or as a qualified Brownfield property.
  2. The maximum gross floor area established by Table 40.05.422 of this Article shall not apply to mezzanine space in warehousing storage facilities.
  3. Any lot proposed for residential use which cannot be further subdivided, or which is buildable after floodplains or wetlands are taken into account but would not be buildable after other resource standards are applied, need not comply with the site resource capacity requirements of Division 40.05.400. However, such a lot shall be permitted only one (1) dwelling unit.
  4. Any land development plan proposing a nonresidential use less than twenty thousand (20,000) square feet of gross floor area (GFA), and which is buildable after floodplains or wetlands are taken into account but would result in no buildable area after other resource standards are applied, need not comply with all of the site resource capacity requirements of Division 40.05.400. The site capacity calculation shall be conducted for such lots applying only floodplain and wetland resources.
  5. A site resources capacity analysis pursuant to Division 40.05.400 need not be conducted where a parcel is to be subdivided into not more than five (5) residential lots. However, all resources required to be protected in Table 40.05.420 shall be mapped and protected under conservation easements. All lots shall also meet the minimum lot area requirements, excluding the area attributed to any protected resource.
  6. So long as the public health and safety would not be jeopardized as evidenced by an environmental report, Division 40.05.400 shall not apply to environmental conditions on a site that were altered by or resulted from an act of God that occurred after purchase of the property. However, any applicable State and federal requirements shall still be followed and any necessary permits or approvals obtained.
  7. Reserved.
  8. Proposed public facilities that are needed to support development such as schools, parks on government land, libraries, sewer, police, fire stations, or hospitals, shall be exempt from this Article, Article 10 (excluding floodplain or federal or State wetland regulations), Article 14, and Table 40.03.210, Table 40.04.111 (excluding lighting regulations), and Section 40.04.240. Such development shall comply with the provisions of Article 11, however, the Department and DelDOT shall determine on a case-by-case basis the time frame by which any mitigation must be completed.
  9. Division 40.05.100 of this Article and Article 11 shall only apply to rezoning and major subdivision or land development applications.
  10. Division 40.05.200 of this Article shall not apply to residential facilities or communities which are restricted by recorded covenants to provide housing or shelter predominately for individuals fifty-five (55) years of age or older pursuant to the provisions of the Federal Fair Housing Act, 42 USC § 3601, et seq.

(Amended September 22, 1998 by Ordinance 98-062; June 22, 1999 by Ordinance 99-042; January 8, 2002 by Ordinance 01-073; March 12, 2002 by Ordinance 01-112; amended October 22, 2002 by Ordinance 02-075; amended July 13, 2004 by Ordinance 04-059; amended March 28, 2006 by Ordinance 06-007; amended September 26, 2006 by Ordinance 06-060; amended January 23, 2007 by Ordinance 06-125; amended January 18, 2011 by Ordinance 10-113; amended July 10, 2018 by Ordinance 18-020; amended July 10, 2018 by Ordinance 18-021; amended November 4, 2020 by Ordinance 20-074)

 


Found Section 40.10.120

SECTION 40.10.120     WETLANDS

  1. The one hundred (100) percent protection level for preservation of wetlands established in Table 40.05.420 and Table 40.10.010 may be reduced when a permit from the United States Army Corps of Engineers is issued for filling or disturbance. Wetland mitigation shall be that for which a permit has been issued by the United States Army Corps of Engineers. In addition, any mitigation approved by the United States Army Corps of Engineers is also subject to approval by the Department before any mitigation may occur. Permits from the State may also be required.
  2. Exception. Nonjursidictional wetlands that are man-made, including but not limited to industrial ponds, sewage lagoons, irrigation ditches, stormwater management basins and other artificial features with a similar ability to evolve into wetlands may be disturbed at the Department's discretion. Except for stormwater management facilities, the Department will require review by RPATAC and mitigation of the site when in the opinion of the Department the disturbance to these areas is more than de minimus.

(Amended September 22, 1998 by Ordinance 98-080; amended December 14, 1999 by Ordinance 99-075; amended October 22, 2002 by Ordinance 02-075; amended July 13, 2004 by Ordinance 04-059; amended January 13, 2015 by Ordinance 14-126)

 


Found Section 40.10.126

SECTION 40.10.126     RBA DESIGN STANDARDS

The riparian buffer shall be mapped to delineate the resource for Table 40.10.010. Existing native vegetation shall be preserved to the maximum extent possible. All RBA areas shall be classified as old field, disturbed land, or meadow, and planted in accordance with this section where native vegetation is not present. The mapping of RBA's shall be supplied with the exploratory plan and at subsequent plan submissions to meet the standards of this Chapter.

  1. Old fields shall be planted with canopy trees appropriate for the soil conditions in accordance with the plant list in Appendix 3 to this Chapter installed at the rate of four (4) canopy trees having a two (2) inch caliper per one thousand (1,000) square feet of disturbed area.
  2. Meadows shall meet the reforestation standards of Section , except that no shrubs need to be provided.
  3. Disturbed land shall meet the reforestation standards of Section .
  4. All planting shall be done by zone. The zone closest to the stream, Zone 1, shall consist of species native to the riparian zone and selected for their value in stream bank stabilization. A mix of species that provides prolonged stable leaf fall necessary to meet energy and pupation needs of aquatic insects shall be selected. Management shall be limited to stream bank stabilization and removal of invasive vegetation. Logging and other overland equipment shall be prohibited except at permitted stream crossings.
  5. In Zone 2, the species shall be matched to the existing habitat. Recommended plant species are found in Appendix 3 to this Chapter.
  6. Planting plans shall be prepared jointly by a landscape architect in consultation with other professionals having a practical knowledge of riparian ecosystems (including wetlands specialists, wildlife biologists or ecologists from the U. S. Fish and Wildlife Service, DNREC, or the Natural Heritage Program). All planting plans shall include a planting schedule that summarizes the quantity, type, size, and root condition of all plantings. State agencies conducting or supervising wetlands plantings are exempt from submitting plans.
  7. The locations, dimensions, and spacing of enhancement plantings shall be adequate for their proper growth and maintenance, considering the sizes of such plantings at maturity, and their present and future environmental requirements, such as soil, moisture, and sunlight. Site preparation should focus on the removal of exotic species such as honeysuckle and multiflora rose, if present. (See Appendix 3 to this Chapter for list of exotics that should be removed when enhancement activities are undertaken). Weed control is essential during establishment of the RBA and for the survival and growth of trees and shrubs.

(Amended September 22, 1998 by Ordinance 98-080; amended March 12, 2002 by Ordinance 01-112; amended January 18, 2011 by Ordinance 10-113; amended January 13, 2015 by Ordinance 14-126)

 


Found Section 40.10.140

SECTION 40.10.140     DRAINAGEWAYS

In addition to the open space protection, the drainageway area protected shall be kept open to provide continuous drainage corridors. Positive surface drainage in these areas shall be preserved. The protected area may be regraded and reshaped to provide for stormwater management and drainage. The following standards shall apply:

  1. The drainageways shall be used as a natural positive surface drainage system. Enclosed storm drainage to connect areas of drainageways shall be prohibited, except that culverts shall be installed at all road crossings.
  2. The areas shall be restored to a natural state using seed mixes approved and specified on the Department's lists.
  3. Where the protected area is to be used for a permitted open space use (Table 40.10.210), the use shall not interrupt the positive surface drainage flows.
  4. The following standards shall govern the design of stormwater management or surface drainage systems in drainageways in conjunction with the Delaware Department of Natural Resources and Environmental Control (DNREC):
    1. The drainage shall be designed to slow the time of concentration on the site and retain maximum ground infiltration.
    2. Where flows permit, the channels shall be designed as grassed swales, wetlands, or mesic grasslands encouraging sheet flow, except in forests.
    3. All permanent pool stormwater management ponds shall be designed to have aquatic benches planted with approved plant materials (Section ).

(Amended March 12, 2002 by Ordinance 01-112; amended January 13, 2015 by Ordinance 14-126)

 


Found Section 40.10.231

SECTION 40.10.231     NURSERIES

Floodplains and riparian buffers. Nurseries shall be permitted only for raising wetland species. The area shall be disconnected from adjoining wetland areas. The disturbance level requires the area be diked off from the adjoining wetlands to control the water flow or sediment movement from the nursery to the surrounding wetlands. The following shall be required:

  1. A water control structure shall permit backflow into the nursery area.
  2. Water shall be discharged through a channel, grassed channel, or new wetland.

(Amended January 13, 2015 by Ordinance 14-126)

 


Found Section 40.10.233

SECTION 40.10.233     GOLF COURSES

Golf courses shall be permitted on floodplains, wetlands, steep slopes, forested areas, or riparian buffer areas provided that the following standards are met:

  1. Floodplains. Golf courses shall be permitted provided that there is no change in the flood elevation due to the construction. Tees and greens shall be above flood elevation.
  2. Steep slopes. Areas of protected steep slope may be used as part of the golf course provided this does not involve the cutting of forest cover. If natural grass cover is to be disturbed, the earth work should be finished in less than sixty (60) days and a new vegetative cover installed immediately. Erosion control matting shall be used to reduce erosion and prevent the seed from washing out.
  3. Forests. No area of protected forest shall be used for golf courses if the tree cover is to be disturbed.
  4. Riparian buffer areas. Golf courses shall be permitted within a riparian buffer area provided that it meets the requirements of Subsections A, B, and C, and provided that the requirements of Subsection C apply to areas planted with new vegetation.

(Amended December 14, 1999 by Ordinance 99-075; amended March 12, 2002 by Ordinance 01-112; amended January 18, 2011 by Ordinance 10-113; amended January 13, 2015 by Ordinance 14-126)

 


Found Section 40.10.600

DIVISION 40.10.600     STORAGE OF HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS

The storage, maintenance, use, or sale of substances listed in 40 CFR 116 in an aggregate quantity equal to or greater than a reportable quantity as defined in 40 CFR 117 shall be governed by the following provisions. Petroleum products shall also meet the requirements of this section.

  1. All such activities are prohibited in floodplains, floodways, wellhead class A, B or C, the Cockeysville Formation, drainageways, recharge areas, steep slopes, critical natural areas, wetlands, riparian buffers and sinkholes, unless such substances are used in the process of public water supply and treatment and sewer treatment facilities.
  2. The replacement of existing underground petroleum storage tanks in any area other than a WRPA shall be permitted provided all State and Federal regulations are met. The replacement of existing underground petroleum storage tanks in a WRPA where an upgrade is required by DNREC shall be permitted provided all State and Federal regulations are met and secondary containment is provided.
  3. In all other areas where permitted, above ground storage shall be permitted provided such facilities are designed so that all spills are fully contained in a secondary containment facility that is designed such that there is no spill into soils, surface waters, sewers. The replacement of existing above ground storage facilities in any area shall be permitted provided the State Fire Marshall's Office provides the Department with written approval and all other applicable State and Federal regulations are met and secondary containment is provided. Secondary containment shall not be required for above ground storage used exclusively for private residential purposes when located on the residential lot within the setback lines.
  4. In all other areas where permitted, underground storage shall be permitted only for petroleum products, provided all State and Federal regulations are met.

(Amended September 22, 1998 by Ordinance 98-080; amended December 14, 1999 by Ordinance 99-075; amended January 18, 2011 by Ordinance 10-113)

 


Found Section 40.10.701

SECTION 40.10.701     ENVIRONMENTAL IMPACT ASSESSMENT REPORT

If a proposed use requires an environmental impact assessment report, the applicant shall have such a report prepared and certified by a qualified professional engineer, geologist, landscape architect, environmental consultant, botanist, plant or wildlife ecologist, forester, certified wetlands delineator or other certified professional in the applicable environmental discipline. The report shall contain the following information:

  1. Site character. Identify all on-site sensitive environmental resources and concerns and any potential impacts on adjoining land uses and populations.
  2. Avoidance. Identify alternative sites or routes that would not damage the resource or would result in less resource disturbance. Justification shall be provided for not using these alternative sites or routes.
  3. Minimization. Demonstrate that the plan minimizes the impact of the use on the resource. The applicant shall also demonstrate that the areas impacted shall be the lowest quality and result in the least damage to the resource.
  4. Resource Mitigation. A mitigation plan must be submitted that describes the site conditions of the area to be mitigated, the required size of the area of mitigation, detailed plans for monitoring and long-term maintenance, and the mitigation area boundaries. 
    1. On-site replacement is the most acceptable form of mitigation. However, mitigation can include restoration and enhancement of the existing resource.
    2. Mitigation cannot be used where the conflict can be avoided or minimized.
    3. Mitigation by replacement on another site shall be at a ratio of two to one (2:1).
    4. Mitigation may also include enhancement; this ratio shall be four to one (4:1).
  5. Conservation design. Any use proposed within natural resource area open space shall demonstrate how the principles of conservation design will be implemented, how they will be advanced, and how the proposed use will be addressed in the natural resource area open space management plan.
  6. Endangered species. Prepare an inventory of federal and state threatened and endangered plant and animal species (as well as candidates for such designation) on-site and within five hundred (500) feet of the site, determination of the proposed development impact, and identification of any mitigation.
  7. Cultural and Scenic Resources. Prepare an inventory of federal, state or locally identified irreplaceable historical, archaeological, paleontological or scenic resources on site and within five hundred (500) feet of the proposed site, determination of the proposed development’s impact on the resources and identification of any mitigation.

(Amended January 13, 2015 by Ordinance 14-126; amended December 22, 2021 by Ordinance 21-009)

 


Found Section 40.20.220

SECTION 40.20.220     LOTS

Design standards for lots in subdivisions shall be as follows:

  1. Every lot shall have frontage along the right-of-way lines of a street.
  2. Reverse frontage residential lots should be avoided, except along arterial or collectors where aligning blocks to have side lot lines adjoining the main road is impractical or, as otherwise permitted by the Department, where it can be shown that other arrangements are necessary or desirable to relate building sites to the terrain or to provide better site utilization and building relationships.
  3. Sidelines of a lot should generally be set approximately at right angles or radial to street right-of-way lines, and rear lines should generally be approximately parallel to street lines. Acute angles or small projections should be avoided. However, different lot shapes will be permitted if they can be shown to be necessary or desirable to relate building sites to the terrain, open space, or if they provide better site utilization and building relationships.
  4. Lot lines shall follow County boundary lines rather than cross them, except where no other feasible method of development exists, as determined by the Department.
  5. In rural areas, lotting along existing roads should generally be such as to preserve the future developmental viability of interior lands by providing adequate road right-of-way access to the interior of properties.
  6. The arrangement of lots must reflect sensitivity to the natural features of a tract. Alternative development options, such as open space subdivision or planned developments, provide the design flexibility needed to reduce the intrusion of lot areas into wetlands, floodplains and other natural resources.
  7. Commercial and industrial lots should be designed to prevent any visually unattractive facility, such as loading platforms, material or refuse storage areas, mechanical equipment, and supply areas, from facing major streets or residential neighborhoods. Alley access or screening walls should be utilized to shield visually unattractive facilities.

(Amended March 12, 2002 by Ordinance 01-112)

 


Found Section 40.20.225

SECTION 40.20.225    REQUIRED OPEN SPACE.

  1. Open space shall be required in all major residential developments. Ownership of open space shall be transferred to a maintenance organization or governmental body pursuant to the provisions contained in Article 27. Open space shall not be further developed and shall serve one (1) or more of the following functional needs:
    1. Protection and preservation of natural resources and sensitive site features;
    2. Provision of active and passive recreation areas;
    3. Greenways and trail corridors;
    4. Wildlife habitats and migration corridors;
    5. Stormwater management;
    6. Preservation of historical and cultural resources;
    7. Agricultural uses;
    8. Viewshed and vista preservation, and;
    9. Bufferyards and landscaped areas.
  1. All major residential subdivisions shall contain open space designated as community area open space. In designating community area open space or landscaped surfaces as part of a subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant:
    1. Open space shall be separate parcels of land exclusive of streets and residential lots.
    2. An existing principal dwelling unit and a maximum of one (1) existing out building, where such structures are deemed historically and/or architecturally significant by the Department, may be included within open space area.
    3. Except for recreation activities, open space shall be substantially free of structures and paved areas.
    4. Open space designated for recreation may contain parking areas and access drives accessory to the open space and other such complementary structures and improvements that are necessary and appropriate for the benefit of the residents utilizing the land for recreation purposes. Such land shall be distributed through the development to best serve the residents.
    5. In subdivisions of thirty (30) dwelling units or more, an area or areas of useable open space shall be provided at a rate of one (1) acre per one hundred (100) dwellings units. Usable open space shall be centrally located, highly visible, and unconstrained by floodway areas, critical natural areas, wetlands or excessively forested areas. Additionally, the area shall be graded in such a manner to render it usable for active recreation purposes and shall not have slopes greater than five (5) percent. This provision does not require community area open space in addition to the requirements of this Chapter, but provides that a portion of the required open space shall be designed in such a way to render it usable for active recreation purposes.
    6. Open space shall be interconnected with open areas or greenways on abutting parcels wherever possible and may provide provisions for pedestrian pathways for general public use, to create linked pathway systems within the County, where appropriate.
    7. Open space may be used for stormwater management.
    8. A landscape plan/open space management plan specifying the landscaping/open space management requirements shall be required for all subdivisions involving the creation of community area open space.
    9. In subdivisions involving fifty (50) acres or more, designated open space shall be classified as natural resource area open space in addition to community area open space. Within these subdivisions both types of open space will be included on separate parcels and adhere to the following additional open space design standards:
      1. Natural resource area open space shall generally be large tracts of contiguous land including protected resources.
      2. Community area open space shall be smaller open space parcels not necessarily contiguous to the natural resource areas. Community area open space shall provide a benefit to residents of the subject subdivision and provide recreational opportunities.
      3. The configuration and arrangement of all open space shall emphasize interconnectivity within the subdivision and with adjoining public or private open spaces. Narrow or fragmented small open spaces shall be avoided unless necessary for a practical function.
      4. Natural resource area open space shall be contiguous to the greatest extent practicable within the subject subdivision and shall maximize the area in width to provide habitat linkages, enhance environmental resources and serve stormwater management functions. Fragmented natural resource area open space should be minimized to the greatest extent practicable to meet these standards.
      5. The requirements of Section 40.20.225.B shall be met. However, in cases where community area open space cannot satisfy the requirements of Section 40.20.225.B.5, the substitution of passive recreational activities within natural resource open space areas shall be reviewed by the Department. Only those passive recreational uses permitted in Table 40.10.210 shall be considered for approval.
      6. All areas required to be protected as resources per Table 40.10.010 shall be designated as natural resource area open space except when isolated resources exist and as approved by the Department.
      7. A natural resource area management plan shall be submitted to the Department for review and approval prior to the recordation of all major residential subdivisions involving the creation of natural resource area open space.
    10. In multi-family developments, the open space acreage requirements and design standards shall be provided except that the open space will be part of the developed parcel.

(Amended July 8, 2003 by Ordinance 03-045; amended January 18, 2011 by Ordinance 10-113; amended January 8, 2013 by Ordinance 12-068)

 


Found Section 40.20.510

SECTION 40.20.510     MAPPING CRITERIA

The following shall be used for mapping natural resources or other features of plans:

  1. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds, lakes, ponds, and tidal wetlands are subject to the regulations of this resource.
  2. Initial identification of the watercourses/waterbodies shall be made using the National Hydrographic Dataset (NHD) utilized by the United States Geological Survey or more accurate information, as available. Field verification to determine evidence and location of channelized flow is required for a specific determination.
  3. Measurements for the boundary are to be made horizontally, perpendicular from the following reference points: top of bank of perennial streams; centerline of intermittent streams; mean water level of lakes, ponds, and tidal wetland; boundary of the floodplain and wetland as determined by this Division.
  4. Measurements shall be made at appropriate intervals perpendicular to these reference points so as to accurately reflect the character of the adjacent land.
  5. Boundaries that are dependent on elevation shall be based on on-site, one (1) foot contour intervals.
  6. The area within existing impervious area such as roadways, parking lots, structures, sidewalks, etc., shall not count towards the area of any natural resource.
  7. Measurements of forest area shall be made based on the exterior Critical Root Zone (CRZ) of the trees.
  8. Final determination of the boundaries of the RBA district shall be made by the Department.

(Amended March 12, 2002 by Ordinance 01-112; amended November 10, 2009 by Ordinance 09-068; amended December 22, 2021 by Ordinance 21-009)

 


Found Section 40.22.120

SECTION 40.22.120     FILL

  1. No clean fill area shall be located on any residential building lots.
  2. No clean fill area shall be established: within a one hundred (100) year floodplain except upon approval by the County Council of a specific floodplain fill application, federal or State-regulated wetlands, land with a natural slope in excess of twenty-five (25) percent as measured prior to commencement of land development, streets, rights-of-way, utility easements, or in a water resource protection area.
  3. The Department must give written approval before any clean fill area is established. The Department shall also:
    1. Review, for approval, the materials that will be placed in the clean fill area.
    2. Require the applicant to post adequate surety to cover the costs of repairing any subsidence caused by the fill; or
    3. Adequately ensure that the entity, or any principal thereof, who is associated with the fill operation shall remain responsible for any land subsidence occurring as a result of the fill within a ten (10) year period from the date the fill operation ceases to exist.
  4. The Department, in reviewing the land development plan where clean fill is proposed to be placed, shall give consideration to the location, size, and final grades of the clean fill area in relation to the extent of the area proposed for development and adjacent lands and uses.
  5. Only clean fill generated as a result of on-site construction may be placed in the designated clean fill area.
  6. If no clean fill is proposed to be placed within the project limits, a note to this effect shall appear on the record plan.
  7. Exemptions. The placement of clean fill as part of the following activities shall be exempt from the requirements of this Section provided the entity, or any principal thereof, who is associated with the fill operation shall remain responsible for any land subsidence occurring as a result of the fill within a ten (10) year period from the date the fill operation ceases to exist.
    1. Backfilling in conjunction with building construction, utility installation, storage tank removal, swimming pool removal or demolition for which permits have been obtained.
    2. Filling in conjunction with road construction within the limits of the right-of-way when construction plans have been approved by DelDOT or, in the case of private streets, by the Department.
    3. Filling as required for the construction of a building, structure, or parking area for which all required grading plans and permits have been approved by the Department.
    4. Filling as authorized by an approved floodplain application.
    5. Filling in conjunction with drainage work incidental to agricultural operations and irrigation.
    6. Filling in conjunction with drainage maintenance or improvements under the jurisdiction of the DelDOT, the Department, or other governmental agency.
    7. Filling of property for aesthetic purposes that does not affect existing drainage, where the volume of fill does not exceed four hundred (400) cubic yards per acre or a total of two thousand (2,000) cubic yards within the affected parcel.

 


Found Section 40.33.300.09

Developable land.   All land within the boundaries of any tract proposed for development except for land which is located within the existing rights-of-way of any public or private road or any overhead utility line, floodplains, including land continuously covered with water, wetlands and prohibitive steep slopes.


Found Section 40.Environme

Environmental Impact Assessment Report. Any study, report or application required by this Chapter, such as critical natural areas, floodplains, riparian buffers, steep slopes, water resource protection areas and wetlands.

(Amended December 14, 1999 by Ordinance 99-075; amended January 18, 2011 by Ordinance 10-113)


Found Section 40.

Open space, natural resource area. One (1) of the two (2) types of open space in a residential subdivision of fifty (50) acres or greater. Natural resource area open space are those areas comprised of protected resources including but not limited to wetlands, floodplains, riparian buffer areas, forests, steep slopes, critical natural areas, and water resource protection areas, as well as other relatively large, contiguous open spaces.

(Amended July 8, 2003 by Ordinance 03-045)


Found Section 40.Riparian

Riparian buffer area (RBA).    An RBA consists of land which forms a transition zone between aquatic and terrestrial environments. RBA's include:

  1. One hundred (100) feet on either side of perennial and intermittent streams, lakes and tidal wetlands;
  2. All of the floodplain, plus an additional fifty (50) feet of adjacent land;
  3. All of a nontidal wetland greater than twenty thousand (20,000) square feet in area, plus an additional fifty (50) feet of adjacent land;
  4. All of any size nontidal wetland classified as a Piedmont Stream Valley Wetland, as defined in the 1997 New Castle County Comprehensive Plan Update and designated by the Delaware Natural Heritage Program, a Division of DNREC, plus an additional fifty (50) feet of adjacent land.

The Riparian Buffer Area shall consist of two (2) zones.

  1. Zone 1 is the land within twenty-five (25) feet of the water body or wetland. It shall also include any contiguous area of slopes in excess of fifteen (15) percent and erosion-prone slopes contiguous to and draining toward a floodplain or watercourse upstream of an existing public water supply intake.
  2. Zone 2 is the remainder of the Riparian Buffer.
  3. Identification and calculation.
    1. Reserved.
    2. Initial identification of the watercourses/waterbodies shall be made using the National Hydrographci Dataset (NHD) utilized by the United States Geological Survey or more accurate information, as available. Field verification to determine evidence and location of channelized flow is required for a specific determination.
    3. Measurements for the Zone 1 boundary are to be made horizontally, perpendicular from the following reference points: top of bank of perennial streams, centerline of intermittent streams, and mean water level of lakes, ponds, and tidal wetlands. Measurements for the Zone 2 boundary are to be made horizontally, perpendicular from the boundary of the environmentally sensitive lands.
    4. Measurements shall be made at appropriate intervals perpendicular to these reference points so as to accurately reflect the character of the adjacent land.
    5. The width of existing impervious area such as roadways, parking lots, structures, sidewalks, etc. shall not count towards the RBA measurements.
    6. Final determination of the boundaries of the RBA shall be made by the Department.
  4. Exceptions. An RBA shall not be designated along industrial ponds, sewage lagoons, man-made irrigation ditches, stormwater management basins and other artificial features with a similar water quality or storage function.

(Amended September 22, 1998 by Ordinance 98-080; amended February 26, 2008 by Ordinance 07-150; amended November 10, 2009 by Ordinance 09-068; amended January 18, 2011 by Ordinance 10-113)


Found Section 40.Wetland

Wetland delineation and report.   An on-site method or process for identifying wetlands as described by the U. S. Army Corps of Engineers guidelines as may be amended from time to time. The wetland delineation report shall be prepared by a person with professional experience and knowledge in wetlands identification and shall analyze a site for the existence and extent of wetlands. When such a delineation and report is required as part of a land use application, such report and delineation may be required to be updated and revised if the original report was prepared more than three (3) years prior to the date of submission of the land use application.

(Amended September 22, 1998 by Ordinance 98-080, amended December 14, 1999 by Ordinance 99-075; amended November 10, 2009 by Ordinance 09-068)


Found Section 40.B.

B.     Exploratory Plan

    1. Planning
      1. A completed application form.
      2. The applicable filing fee in accordance with Appendix 2.
      3. Four (4) folded paper prints at submission. Twenty (20) folded paper prints three weeks prior to: 1) county council rezoning ordinance introduction; 2) planning board public hearing; 3) County Council rezoning hearing.
      4. One (1) copy of any deed restriction to which New Castle County is a party.
      5. A wetlands report.
      6. One (1) print of the most recently recorded subdivision or land development plan for the subject property.
      7. Site capacity and concurrency calculations.
      8. A septic system soils feasibility report approved by DNREC. The suitable soils area must be delineated on the plan for verification that the proposed location of the disposal field does not encroach upon any limiting feature (i.e. riparian buffer, wetland, floodplain, lot line, etc.).
      9. Sewer Feasibility Plan for plans that contemplate connection to the County sewer.
      10. All current County taxes, school taxes and sewer service fees must be paid or not delinquent at the time of application.
      11. Photographic proof of posting and signed affidavit in accordance with Section 40.31.320 of the County Code. 
      12. All other information and items required by Section 40.31.113 of the County Code.
      13. Digital CAD file for the plan in a format acceptable to the Department.
      14. If not previously completed as part of a Pre-Application Sketch Plan, a Site Analysis plan pursuant to Appendix 1(3)(K).
      15. A Conceptual Landscape Plan that generally delineates all planting areas and planting requirements in accordance with this Chapter.
      16. Conceptual architectural renderings of proposed site development shall be required for all rezonings and major land development plans.
    2. Engineering.
      1. One (1) copy of the exploratory plan.
      2. The applicable engineering filing fee in accordance with Appendix 2.
      3. One (1) copy of the engineering exploratory requirements in accordance with the Engineering Submission Requirements in Appendix 1 (2) (B).
      4. One (1) copy of the Department’s approved Engineering Checklist- Exploratory Sketch Plan, signed and sealed by the responsible design professional in charge.
    3. For land development applications that contemplate connection to County sewer, a letter from the Department of Special Services indicating that sewer is or will be available for the proposed development.
    4. The Land Development Improvement Agreement (LDIA) Information Sheet. (may be submitted any time prior to recordation). The sanitary sewer agreement will not be executed until the sewer design plan is approved and the required sanitary sewer easements have been recorded.
    5. For sewer only plans, the sanitary sewer agreement will not be executed until the sewer design plan is approved and required sanitary sewer easements have been recorded.

(Amended December 22, 2021 by Ordinance 21-009)

 


Found Section 40.D.

D.     Record plans (planning)

    1. A completed application form.
    2. The applicable filing fee and the applicable Recorder of Deed fee in accordance with Appendix 2.
    3. One (1) film reproducible and four (4) folded paper prints. At the applicant’s option, submission of the film reproducible may be delayed until final record plan review comments have been received.
    4. Letter of approval from DelDOT regarding transportation matters.
    5. All current school taxes, county taxes and sewer service fees must be paid or not delinquent at the time of application.
    6. Reserved.
    7. Letter of approval from the State Fire Marshal.
    8. Water Capacity Certification - Form 40.05.310.
    9. Where applicable, any required maintenance agreement, cross access easement agreement, or deed restrictions, as properly submitted to and approved by the county attorney.
    10. For sites containing tidal wetlands or requiring a sub-aqueous permit, an approval letter from the Delaware Department of Natural Resources and Environmental Control.
    11. For sites on which the disturbance of wetlands is proposed, copies of all required individual U.S. Army Corps of Engineers' permits, and/or written verification from the U.S. Army Corps of Engineers for the utilization of any Nationwide Permit(s).
    12. An affidavit from the developer that the land development plan under consideration is in compliance with Article 27 and other applicable UDC provisions pertaining to maintenance organizations, open space and common facilities.
    13. Approval of sewer design plans and required sanitary sewer easements by the Department of Public Works.
    14. Digital CAD file for the plan in a format acceptable to the Department.
    15. For Resubdivision Plans that revise lot lines, an original deed reflecting the proposed configuration of the subject parcels. The deed will be transmitted to the Recorder of Deeds with the record plan.
    16. All other information and items required by Section 40.31.114 of the Unified Development Code.

 


Found Section 40.2.

2.     Land development plan requirements

The purpose of this section is to specify the format, data, notes, graphics and information required for subdivision and land development plans submitted in accordance with the Unified Development Code. The level of detail depicted and noted on plans shall be that which is necessary to convey compliance with design details and purpose of the proposed land use action.

Any of the notes and information listed below may be modified as necessary to apply to specific projects. Any notes which are not applicable to the particular plan need not appear on the plan. Additional notes may be required by any regulatory reviewing agency or as proposed by an applicant and approved by the Department of Land Use. Notes, data and/or graphic details should be added to plans whenever necessary to explain or clarify features of the project which are not otherwise self-explanatory.

  1. Plan Requirements.

    Plan Requirements

    Land Development

    EX - exploratory plan

    RE - record plan

    Other

    S - site plan

    P - parking plan

    "X" - Required

    EX

    RE

    S

    P

    Specifications and/or notes

    X

    X

    X

    X

    1. Sheet size: shall be twenty-four (24) inches by thirty-six (36) inches.

    X

    X

    X

    X

    1. A title block with the following information shall be in the lower right corner:
      1. Name of the subdivision or development
      2. Plan type and/or level of submission, e.g., Exploratory, Major Land Development Plan
      3. Name and address of Engineering or Surveying firm or individual responsible for the preparation of the plan.
      4.  Application number (assigned by Department upon receipt of initial submission).
      5. Hundred, New Castle County, Delaware.
      6. Written and graphic scale.
      7. Date the original plan was prepared and all subsequent revision dates.
      8. Sheet/page number in a series

    X

    X

    X

    X

    1. Location map in the top right corner of the first sheet of the plan with the following features:
      1. Scale: 1" = 800'.
      2. Site perimeter outlined and labeled.
      3. Adjacent street names and route numbers.
      4. Scale, New Castle County base map number, north arrow.
           
    1. A Certification of Accuracy, Certification of Ownership and Certification of Plan Approval along the bottom edge of the first page.

    X

    X

    X

    X

      1. Certification of Plan Accuracy
        I ____________ hereby certify that I am a registered professional engineer with a background in civil engineering in the State of Delaware and that all of the information on this plan is true and correct to the accuracy required by accepted surveying standards and practices and by the New Castle County Unified Development Code.

        Registered Professional land surveyor or registered landscape architect in the State of Delaware may be substituted for or included with a professional engineer when applicable in accordance with State Code.

    X

    X

    X

    X

      1. Certification of Ownership
        I _____________ hereby certify that I am the owner of the property which is subject of this plan and that the land use action proposed by this plan is made at my direction and that I authorize this plan to be recorded in accordance with the regulations of the New Castle County Unified Development Code.

    X

    X

    X

    X

      1. Certification of Plan Approval
        Approved _____________ by ________________________
                           Date                        General Manager
        for Department of Land Use of New Castle County.

        Approved _____________ by ________________________
                           Date                        General Manager
        for County Council of New Castle County.

        For major plans, General Manager should be changed to Council President under the second signature block.
     

    X

     

    X

     

    X

     

    X

    1. A data column with enumerated items on the first sheet of the plan.
     

    X

     

    X

     

    X

     

    X

    1. For multiple sheet plans, the first sheet shall show the entire property, lots, streets and building layout.
     

    X

     

    X

     

    X

     

    X

    1. A purpose note shall be conspicuous on the first sheet.
     

    X

     

    X

     

    X

     

    X

    1. Tax parcel numbers for all subject properties.
     

    X

     

    X

     

    X

     

    X

    1. Zoning district designation, including any development options being used.
     

    X

     

    X

     

    -

     

    -

    1. Source of title.
     

    X

     

    X

     

    -

     

    -

    1. Survey datum and local benchmark, including number of existing monuments and number of proposed monuments.
     

    X

     

    X

     

    X

     

    X

    1. Total site gross and net acreage.
     

    X

     

    X

     

    -

     

    -

    1. The name of the water supplier and the note: “Water supply is subject to the approval of the Delaware State Department of Natural Resources and Environmental Control and the Delaware Department of Public Health.”
     

    X

     

    X

     

    -

     

    -

    1. Sanitary disposal method or source to include proposed sewer connection points and flows with the following note: “Sewerage is subject to the approval of the New Castle County Department of Special Services. At the time of approval of this plan, sewer capacity existed to accommodate the anticipated flows generated by this additional development. New Castle County has committed to provide sewer service in accordance with the Land Development Improvement Agreement for this development. The owner of this property, his successors or assigns, shall be responsible for extending sewer service to each lot shown on or created by this plan.”
     

    X

     

    X

     

    -

     

    -

    1. Septic Feasibility: If applicable, the following note: “Septic system feasibility has been satisfactorily established for each lot in this subdivision. The feasibility indicates only that, at the time of testing, there was at least one area on each lot that could meet the standards for an on-site sewage disposal system. Feasibility is not a design approval and does not imply a guarantee that such approval can be obtained. Such factors as building size and use, placement on the lot, and location of water wells (if applicable) will influence the final design. No building permits will be issued without review and approval of a detailed design for each lot.”
     

    X

     

    X

     

    X

     

    X

    1. North arrow.
     

    X

     

    X

     

    X

     

    X

    1. Name and address of real property owners of the subject parcels.
     

    X

     

    X

     

    -

     

    -

    1. Number of existing and proposed lots and/or dwelling units.
     

    X

     

    X

     

    X

     

    X

    1. Existing and proposed building gross floor area (nonresidential only), broken down by specific use. Label each building as proposed, existing, under construction, approved by previous plan.
     

    X

     

    X

     

    X

     

    X

    1. Calculation of required parking and number of existing and proposed spaces. Show existing and proposed parking spaces with typical dimensions (existing spaces being eliminated need not be shown). Handicapped parking spaces in compliance with the American Disabilities Act.
     

    X

     

    X

     

    X

     

    X

    1. Legend.
     

    X

     

    X

     

    X

     

    X

    1. Tabular breakdown of total tract area by building coverage, streets, lots, open space, stormwater management areas, paving/impervious coverage, etc.
     

    X

     

    X

     

    X

     

    X

    1. Adjacent property information for all abutting lots including owners name, tax parcel number, zoning district, and microfilm numbers or instrument numbers for all abutting recorded subdivisions or land developments.
     

    X

     

    X

     

    X

     

    X

    1. Floodplain boundaries.
      Floodplain: A note referencing the applicable map panel of the FEMA current Flood Insurance Rate Maps with a statement as to whether or not the site is within a 100-year floodplain. If development within the floodplain or floodway is proposed, the date of County approval should be cited.
     

    X

     

    X

     

    X

     

    X

    1. Water Resource Protection Area limits.
      WRPA areas: A note referencing the current date of the Water Resource Protection Area maps and whether or not the site is within a WRPA; if so, indicate the type of WRPA.
     

    X

     

    X

     

    X

     

    X

    1. Wetlands boundaries and an indication of the limits of wetlands disturbance. Wetland lines must be described by metes and bounds either on the record plan or in a wetlands report.
      Wetlands: A note stating whether or not a wetlands investigation was conducted and, if so, cite the wetlands consultant, the date of the wetlands report and whether or not wetlands were found to exist. The title and date of the applicable Federal Manual for Identifying and Delineating Jurisdictional Wetlands should be cited. Acreage of any wetlands disturbance and the Corps of Engineers permit which authorizes such disturbance.
     

    X

     

    X

     

    X

     

    X

    1. Critical Natural Area boundaries as approved by DNREC.
      Critical Natural Areas: A note referencing the State Inventory of Natural Areas and whether or not the site includes a CNA.
     

    X

     

    X

     

    X

     

    X

    1. Deed restrictions: A note referencing the recording information of any applicable restrictions. Also, the nature of the restrictions should briefly be summarized in a note on the plan
     

    X

     

    X

     

    -

     

    -

    1. Supersedes note: “This plan supersedes, in part, the plan of ______ dated _______ and recorded on _______ in the Recorder of Deeds in and for New Castle County, State of Delaware, Instrument No. _______.”
     

    -

     

    X

     

    -

     

    -

    1. Traffic impact study: Explanation of phasing or mitigation measures required as a result of a traffic impact study or deed restrictions.
     

    X

     

    X

     

    X

     

    X

    1. Debris disposal: Note stating that no debris shall be buried on the site or, if a clean fill disposal area is approved, a note pertaining to its location and approval.
     

    -

     

    X

     

    -

     

    -

    1. Impact Fees: Add the following note to the plan: “This plan is subject to the impact fee provisions of Chapter 40, Article 14 of the New Castle County Code, as may be amended by New Castle County Council.”
     

    -

     

    X

     

    X

     

    X

    1. Landscape plan: When a landscape plan is required:
      “A landscape plan, prepared by ___________________ last dated _________ or as amended and approved in writing by the Department of Land Use, is hereby considered a part of the record plan.”
     

    -

     

    X

     

    -

     

    -

    1. Sidewalks: The following sidewalks note: “Unless otherwise specified on the plan, sidewalks shall be installed in the locations shown on this plan prior to the issuance of a Certificate of Occupancy for the dwelling (or group of dwellings for attached dwellings) in front of which they are shown. Sidewalks shall be five (5) feet in width and constructed of Portland Cement Concrete.”
     

    -

     

    X

     

    -

     

    -

    1. Maintenance of Common Facilities: When there are common facilities under the responsibility of a maintenance organization, the following note shall be added to the plan. “For maintenance of the common facilities including (list applicable common facilities such as private open space, private streets, etc.) Shown on the plan, see the maintenance declaration dated ___________, and of record in the Office of the Recorder of Deeds in and for New Castle County, State of Delaware, Instrument No. __________________.”
     

    -

     

    X

     

    -

     

    -

    1. Utility easements add the following note: A 6' foot wide easement on each side of each side and rear lot line shown on the Plan, and on each side of each side and rear lot line subsequently established within the area shown on this Plan is hereby dedicated to be available for any utility use, provided that where any lot line is eliminated the easement along said lot line shall be extinguished except as to utilities then existing in said easement.
     

    -

     

    -

     

    -

     

    -

    1. Reserved.
     

    X

     

    X

     

    -

     

    -

    1. Total length of public and private right-of-ways with a linear footage breakdown by width or type of street; e.g. 60' collector street right-of-way, 50' minor street right-of-way.
     

    -

     

    X

     

    -

     

    -

    1. The following notes should be placed on plans which create public streets: SUBDIVISION STREETS
      1. All entrances shall conform to the State of Delaware Division of Highways Standards and shall be subject to their approval.
      2. All rights-of-way are intended for dedication to public use.
      3. Subdivision streets constructed within the limits of the right-of-way dedicated to public use shown on this Plan are to be maintained by the State of Delaware following completion of the streets to the satisfaction of the State. The State assumes no maintenance responsibilities within the dedicated street right-of-way until the streets have been accepted by the State.
      4. For all projects with planned street interconnections, a note stating “Future Interconnection to Adjoining Property”.
     

    X

     

    X

     

    -

     

    -

    1. All streets abutting the site with the following:
      1. Existing and proposed right-of-way lines labeled with metes and bounds.
      2. The phrase “Dedicated to Public Use” or “Private, Not For Dedication”.
      3. The width of existing and proposed right-of-way from centerline.
      4. Street names.
      5. Existing and proposed monument locations with symbol and number in legend.
     

    X

     

    X

     

    X

     

    X

    1. The graphic depiction of the plan drawn at a scale not smaller than 1"= 50' (unless the Department of Land Use authorizes a smaller scale for a unique circumstance) including the layout and arrangement of streets, lots, open spaces, stormwater management facilities, etc.; for multi-family and nonresidential developments, buildings, parking layout, open areas and stormwater management facilities.
     

    X

     

    X

     

    X

     

    X

    1. Existing and proposed building and structure locations and uses.
     

    X

     

    X

     

    -

     

    -

    1. Outline of stormwater management facilities with acreage indicated.
     

    X

     

    X

     

    X

     

    X

    1. Precautionary and prohibitive steep slope areas and limits of disturbance.
     

    X

     

    X

     

    X

     

    X

    1. Waterbodies and watercourses.
     

    X

     

    X

     

    X

     

    X

    1. Existing and proposed easements and right-of-ways of all types with deed recording information.
     

    X

     

    X

     

    -

     

    X

    1. All existing and proposed truck loading bays with dimensions.
     

    -

     

    X

     

    -

     

    -

    1. Existing and proposed fire hydrants.
     

    X

     

    X

     

    X

     

    X

    1. Riparian buffers and bufferyards with dimensions.
     

    X

     

    X

     

    -

     

    X

    1. Dumpsters, shopping cart corrals and other similar stationary accessory features.
     

    -

     

    -

     

    -

     

    -

    1. Reserved.
     

    X

     

    X

     

    -

     

    -

    1. Existing and proposed tree mass limits.
     

    X

     

    X

     

    X

     

    X

    1. The locations of all existing structures and historic resources appropriately labeled to identify them and indicating if the structures are to be preserved or demolished.

    X

     

    X

     

    -

     

    -

    1. Lot numbers for all lots
     

    -

     

    X

     

    -

     

    -

    1. Street names and postal addresses in accordance with the US Postal policy and as approved by the County Department of Police (Communications) for all lots.
     

    X

     

    X

     

    X

     

    X

    1. Existing and proposed curbs and pavement types for parking lots.
     

    X

     

    X

     

    -

     

    -

    1. All dimensional requirements including minimum lot area, front, street, rear, and side yard setback lines, and all required bufferyards for all lots.
     

    X

     

    X

     

    -

     

    -

    1. Existing and proposed zoning district lines.
     

    X

     

    X

     

    X

     

    X

    1. A line establishing the overall limits of land disturbance activity on the subject parcel or tract of land and all other specific limits of disturbance of resources throughout the site. This line should be labeled Limit of Disturbance (LOD) with the symbol explained in the legend on the plan.
     

    X

     

    X

     

    -

     

    -

    1. Phasing lines with notes explaining phasing requirements, if applicable.
     

    X

     

    X

     

    -

     

    -

    1. a.  Interior lot lines described with bearings and distances in accordance with professional Delaware State surveying standards.
     

    -

     

    X

     

    -

     

    -

    1. b.  Interior lot lines described with bearings and distances in accordance with professional Delaware State surveying standards.
     

    X

     

    X

     

    -

     

    -

    1. Sidewalk locations, pedestrian ways, bikeways, walkways, etc. with construction materials and dimensions indicated.
     

    -

     

    X

     

    -

     

    -

    1. Sediment disposal areas for placement of stormwater management area dredge materials.
     

    X

     

    X

     

    -

     

    -

    1. When multiple sheets depict the details of a large site, a key map indicating which sheets shows the details of which portion of the site.
     

    X

     

    X

     

    X

     

    X

    1. Any significant natural or manmade features on the site.
     

    X

     

    X

     

    -

     

    -

    1. Any existing or proposed active recreation facilities
     

    X

     

    X

     

    -

     

    -

    1. Any soil stockpile areas.
     

    X

     

    X

     

    -

     

    -

    1. Any clean fill area if approved by the Department.
     

    X

     

    X

     

    X

     

    X

    1. Directional arrows indicating one-way vehicular traffic circulation patterns
     

    -

     

    X

     

    -

     

    -

    1. Coastal zone: If applicable, the following note, “This site lies entirely or partially within Delaware=s Coastal Zone. Any manufacturing or heavy industrial use is regulated by the Coastal Zone Act and shall require a decision by the Secretary of the Department of Natural Resources and Environmental Control prior to commencing operation.”
     

    -

     

    X

     

    -

     

    -

    1. Airport: If applicable, the following note, “The U. S. Department of Transportation, Federal Aviation Administration, shall have the right and authority to implement such restrictions and safeguards on the premises as may be reasonable necessary to protect the safety and welfare of the public.”
     

    -

     

    X

     

    -

     

    -

    1. Conservation Easement: Show the limits of the required conservation easement for any protected resource and add the following note to the plan: “Any area designated for protection as a natural resource pursuant to Article 10 of the New Castle County Unified Development Code is hereby protected by a conservation easement that shall run in perpetuity for the benefit of New Castle County. Any area on this plan delineated as a conservation easement shall remain in its natural state.”
     

    X

     

    X

     

    -

     

    -

    1. Tie-in distance: Distance from the subject property to the nearest street intersection.
     

    -

     

    X

     

    -

     

    -

    1. Nonconformities: If applicable, the following note, “The location of the existing (building, structure, use) identified on this plan does not comply with dimensional regulations in effect at the time of approval. (Building, structure, use) may or may not have nonconforming status under the provisions of Chapter 40 of the New Castle County Code. Recordation of this plan does not constitute verification of nonconforming status.”
     

    X

     

    -

     

    -

     

    -

    1. Site evaluation locations.
     

    X

     

    -

     

    -

     

    -

    1. Existing topography with two (2) foot contours (unless otherwise permitted by the Department).
     

    -

     

    -

     

    -

     

    -

    1. Reserved.
     

    X

     

    -

     

    -

     

    -

    1. Utilities: Location and details including existing and proposed stormwater management and sanitary sewer, to include proposed sewer connection points and flows
     

    -

     

    X

     

    -

     

    -

    1. Community Postal Boxes note: “Postal boxes shall be installed in accordance with the rules and regulations of the United States Postal Service.”
     

    -

     

    X

     

    -

     

    -

    1. Land Development Improvement Agreement: if applicable, the following note. “All improvements required by this Plan and the New Castle County Code shall be subject to the Land Development Improvement Agreement (LDIA), and the performance guarantee incorporated therein. The LDIA is recorded in the Office of the Recorder of Deeds in and for New Castle County on _________, at Instrument No. ______________.”
     

    -

     

    X

     

    -

     

    -

    1. A note stating: “New Castle County has the right of access to the site for the purposes of operating, maintaining and repairing the sanitary sewer lines contained within the sewer easements shown on this plan.”
     

    -

     

    X

     

    -

     

    -

    1. Unless otherwise described by metes and bounds, or by mathematical reference to a property line, a 40’ wide permanent easement, 20’ on each side of the centerline of the pipe, shall be created where a sanitary sewer or storm sewer is designated for public use in unpaved areas and is outside of a dedicated public ROW. A 20’ wide permanent easement, 10’ on each side of the centerline of the pipe, shall be created where a sanitary sewer or storm sewer pipe is designated for public use in privately maintained paved areas, such as parking lots, private streets or driveways. If the constructed horizontal sewer main location deviates by more than 2.5’ from the design location, the project may be subject to a resubdivision plan or pipe location as determined by the Department of Special Services.
     

    -

     

    X

     

    -

     

    -

    1. A (type of traffic study), dated (month and year of study), was done for this plan by (organization doing the study). DelDOT reviewed the (type of study), providing comments and recommendations in a letter dated (date of letter).
     

    -

     

    X

     

    -

     

    -

    1. New Castle County Drainage Code: “Drainage, erosion and sediment control, and stormwater management shall be provided in accordance with the New Castle County Drainage Code.”
  2. Engineering requirements.
    1. Depiction of all natural resources, as listed in Table 40.10.010 of the UDC accompanied by the applicable UDC Table 10.210 use designation for each use proposed within the resource (i.e. Y, N, L, S, or I).
    2. Approximate location, size and description of any proposed stormwater management facilities with outfall location(s). Identification of all points of analysis. Provide an assessment of any downstream properties that may be impacted by the post-developed stormwater discharge, existing downstream constraints (to the nearest watercourse) that may limit the peak rate discharge from the proposed development and the erosion potential of the receiving watercourse.
    3. Provide an exploratory stormwater and drainage narrative that addresses the following information:
      1. The potential for implementation of conservation design practices and Green Technology Best Management Practices for managing the quality, quantity and volume of post-developed stormwater runoff including field testing that will be required to demonstrate feasibility;
      2. Identify and submit one (1) copy of a Designated Watershed Study and/or watercourse impairment standards from the EPA 303d list and/or the Pollution Control Strategy for the TMDL program from DNREC that governs the watershed in which the application is located;
      3. Provide a narrative in which all of the predominant soil types over the extent of the project site are identified from the NCC Soil Survey or other source. The identification of the soil types shall include such information as the estimated depth to the seasonal high water table and the anticipated soil infiltration rate for each soil type. These parameters may be estimated based upon available documentation and site inspection;
      4. The following questions shall be addressed within the engineering exploratory narrative:
        1. Delineation and identification of the watershed in which the application parcel(s) are located as defined by the confluence of a watercourse to which the project parcel(s) contributes runoff to the nearest blue-line stream on the USGS Quadrangle Map.
        2. The location of the project parcel(s) within the watershed.
        3. Identification of all watercourse(s) adjacent to and/or downstream of the application to establish the analysis point for downstream impacts according to the NCC Drainage Code (Del. Sediment and Stormwater Regulations 10.3.8)
        4. Identification of any available hydrologic and hydraulic studies that encompass the subject watershed along with statement applicability to the subject application.
      5. Statement of whether floodplain study / floodplain delineation is required for the application;
      6. Statement of whether a request for a waiver or variance from the Delaware Sediment and Stormwater Regulations is contemplated;
      7. Identification of offsite drainage easements that may be required to convey run-off from the site to a point of outfall with adequate capacity for the post-developed stormwater runoff.
      8. Article 22 mandates that drainage conveyance and stormwater practices be considered as a fundamental site design parameter. A response to the following questions is required at the Exploratory Stage:
        1. Is field verified topography required to delineate the extent of any Article 10 resource (e.g. floodplain, steep slopes, etc.) prior to exploratory plan approval?
        2. How will the hydrology on the project parcel(s) be affected by the developed land use condition when compared to existing conditions? Describe the impact and mitigation strategy incorporating the following objectives, as a minimum.
          • What measures, in terms of project (open space and landscape surface area) configuration, stormwater practice selection and stormwater practice location will be implemented to maximize infiltration of stormwater runoff on the project parcels(s)?
          • How does the project configuration (layout of impervious and pervious areas) permit opportunity to incorporate green space for the purpose of hydraulically disconnecting impervious land cover areas?
        3. What measures, in terms of project (open space and landscape surface area) configuration, stormwater practice selection and stormwater practice location will be implemented to maximize filtration of stormwater runoff, according to the requirements of the Delaware Sediment and Stormwater Regulations, prior to discharging off of the project parcel(s)?
        4. Where and to what degree are points of interest and project discharge points vulnerable to an increase in stormwater velocity and what steps may be implemented to address the potential increase in velocity?
        5. How does the project impact the watershed in which it is located? Describe the potential impact in terms of:
          • Identification of the watershed in which the project parcel(s) are located based upon the nearest USGS “blue-line” stream. Locate a suitable watershed point(s) of analysis on the blue line stream and identify hydraulic analysis points (location of limited conveyance between the project discharge points and the watershed point(s) of analysis).
          • Identify development conditions imposed by existing Designated Watershed Studies and/or watercourse impairment standards from the EPA 303d list and/or the TMDL program from DNREC upon the stormwater management strategy for the application.
        6. What unusual or nonstandard maintenance implications are associated with the measures proposed to accomplish objectives one through four? Identify the entity which will assume maintenance responsibility (private ownership, maintenance corporation or third party agreement) for stormwater features on the subject application and describe the nature of maintenance associated with stormwater features on the project.
    4. One (1) copy of the appropriate USGS Quadrangle Map along with a narrative describing the means by which each objective is intended to be addressed:
      1. Delineation and identification of the watershed in which the application parcel(s) are located as defined by the confluence of a watercourse to which the project parcel(s) contributes runoff to the nearest blue-line stream on the USGS Quadrangle Map.
      2. The location of the project parcel(s) within the watershed.
      3. Identification of all watercourse(s) adjacent to and/or downstream of the application to establish the analysis point for downstream impacts according to the NCC Drainage Code (Del. Sediment and Stormwater Regulations 10.3.8)
      4. Identification of any available hydrologic and hydraulic studies that encompass the subject watershed along with statement applicability to the subject application.
    5. Provide one (1) copy of the exploratory drainage plan (plan size shall be twenty-four (24) inches by thirty-six (36) inches) along with a narrative describing the means by which the applicant intends to address the applicable objectives:
      1. Identification of all UDC Article 10 Natural Resources that are on the project site. The identification of the natural resources including such information as a description of the physical condition of all of the natural resources currently existing.
      2. Topography on an appropriate datum. Field verified topography shall be required to be included at the time of the exploratory plan submission under the following condition:
        1. When required to delineate the extent of any Article 10 resources (e.g. floodplain, steep slopes, etc.) prior to exploratory plan approval.
        2. If the previous condition in item 5.b.1 is not met, available information on the parcel’s existing topography shall be required at the time of the exploratory plan submission from the following sources in the following order Topographic information (date and source of information) as may be needed to adequately delineate existing general site and environmental conditions of the subject parcel(s).:
          • (a)     Existing topography established under a previous application,
          • (b)     Any other existing topography,
          • (c)     USGS Quadrangle Map.
    6. Soil association (type and hydrologic class delineation).
    7. Natural drainage patterns (predevelopment conditions), boundaries and site discharge points based on characteristics such as soils, topography, vegetation and other local watershed issues:
      1. Identify the current means of conveyance (characteristics of flow) to each discharge point.
      2. Description of the physical condition of the conveyance system on and down grade of the application parcel(s) as well as the site discharge point(s).
      3. Identification of the existing NRCS land cover and condition for the project site.
      4. Determination of the extent of area contributing offsite runoff to the subject parcel(s) and compute peak flow rate. Also list the appropriate sizing criteria for all proposed conveyance systems.
      5. Identification of points of interest within the site, with respect to the location of all natural resources (as defined by Section 40.10.010 of this Chapter.
      6. Identification and delineation of areas suitable for conservation for stormwater management by passive infiltration and filtration.
  3. Computation of the existing runoff peak rates and runoff volume contribution for the design storm events to each site discharge point including onsite and offsite contributing drainage areas. (This information shall be based upon the best available topographic information as required by item #5)
  4. Provide an estimation of the proposed sewer flows (include both average and peak daily flows with rationale for the estimates) in addition to a plan view of the entire proposed sewer system to tie-in to the existing system including all proposed manholes, pump stations and force mains. Show all existing and proposed sewer easements, the location of any proposed Commercial Food Establishments and 1000 gallon grease traps. Note: All sanitary sewer easements to be dedicated to New Castle County shall be a minimum of forty (40) feet wide in unpaved areas and twenty (20) feet wide in paved areas. There shall be at least 150 parcels to be connected to any proposed pump station.
  5. If septic proposed, provide a soil feasibility/site evaluation (show boring locations, proposed and existing wells, primary dual and single fields and replacement system location, and any nearby existing systems) in accordance with the provisions of the Unified Development Code. Show approved test locations on exploratory plan. Depict area suitable for septic disposal field(s) on record plan.
  6. Submit pervious area calculations to verify sufficient pervious area exists on the parcel to support the proposed septic system (per Section 22.360 (C) of the UDC).
  7. One copy of all necessary computations signed, sealed and dated by a Delaware P.E./P.L.S.
  8. Identification of any watercourse, as identified on a USGS map or Soil Survey map that conveys base flow and runoff through the site.

(Amended December 22, 2021 by Ordinance 21-009)

 


Found Section 40.D.

  1. Wetland Report. The report prepared by a wetlands delineator analyzes a site for the existence of wetlands, and if wetlands are found to exist, describes their boundaries and shall contain the following:
    1. A scaled plan of the site accurately depicting the wetlands boundary. The wetlands boundary lines shall be identified with a metes and bounds description prepared by and bearing the seal of a professional land surveyor registered in the State of Delaware or a professional engineer with a background in civil engineering registered in the State of Delaware. Where many survey traverses are necessary to accurately describe the wetland boundary, the surveyor or engineer may prepare a metes and bounds description for the smallest polygon that contains all the wetlands identified on the site. In such instances, the limit of the polygon shall be considered the wetland boundaries for plan review purposes.
    2. A narrative description of the extent to which the subdivider proposes to disturb any wetlands depicted on the plan.

 


Found Section 40.L.

  1. Natural resources management plans.
    1. Resource analysis plan. The following must be submitted:
      1. The site analysis plan as a base map with the following additions:
        1. Wetlands delineation. A wetlands report/jurisdictional determination.
        2. Forest survey. In accordance with Article 10 of this Chapter, a description of the condition and location of the forest stands on-site, as well as contiguous forested areas and corridors located off-site.
        3. Tree survey. The identification of all individual or groups of trees not located within forest areas to include species type, DBH, specimen tree status, condition, the location of both the center of the tree trunk and the CRZ delineation.
        4. Floodplain or floodway areas.
        5. WRPA, which includes Cockeysville Formation/Drainage areas.
        6. Steep slope areas.
        7. Water bodies, streams or drainageways with top of bank.
        8. Riparian buffer areas; Zone 1 and Zone 2.
        9. All other resources as defined in Article 10 of this Chapter.
    2. Open space or site management plan. The following must be submitted:
      1. A narrative description of the goals and objectives based on the findings of the resource analysis plan.
      2. Limit of disturbance and natural resource protection measures.
      3. Non-native, invasive plant species identified on-site, with a control or eradication plan describing specific practices and areas to be treated.
      4. Planting details describing where and how any reforestation, meadow creation or other plantings will occur and are to be maintained, including proper methodologies and long-term schedules for:
        1. Irrigation or watering;
        2. Mulching (e.g., mulch shall not be piled onto trunks of trees);
        3. Pruning, shearing or thinning;
        4. Soil amendments or fertilization --both initial and long-term;
        5. Grass or herbaceous plant mowing, cutting, control or removal;
        6. Soil aeriation.
      5. Wetland features to be protected, created or enhanced.
      6. A project timeline to include a proposed long-term maintenance program.
      7. A project cost estimate that includes itemized entries and provisions for long-term maintenance needed to implement the plan in perpetuity.
      8. Native, naturally occurring non-invasive weeds are permissible within the natural resource areas.

(Amended July 8, 2003 by Ordinance 03-045; amended December 22, 2021 by Ordinance 21-009)

 


Found Section 40.4.

4.     Source of Data for Establishing Resource Protection Levels (supplement to Table 40.05.420)

Natural Resource

Contact

Floodplain/floodway

FEMA mapping - Dept. of Land Use

Wetlands

Wetlands delineator

Riparian Buffer

Applicant's engineer

Drainageways

Applicant's engineer

Water Resource Protection Areas

University of Delaware Water Resources Agency

Cockeysville Formation - WRPA

University of Delaware Water Resources Agency

Cockeysville Formation Drainage Area

University of Delaware Water Resources Agency

Sinkhole

University of Delaware Water Resources Agency

Wellhead Class A, B and C - WRPA

University of Delaware Water Resources Agency

Recharge Areas - WRPA

University of Delaware Water Resources Agency

Steep Slopes

Applicant's engineer

Critical Natural Areas (CNA)

DNREC

Rare and Endangered Species (CNA)

DNREC

Forests

Applicant's forester

Historic Structures or Areas

Department of Land Use, Historic Preservation   Section

Department of Land Use - (302) 395-5400
Department of Natural Resources and Environmental Control  (DNREC) - (302) 739-4504
University of Delaware Water Resources Agency - (302) 831-4925

 


Found Section 40.9.

9. General Concepts.

  1. Transportation and connectivity.
    1. Transportation infrastructure provides mobility and shapes urban form. These Guiding Principles recognize the relationship between the County’s transportation network and its relationship to land development patterns. 
    2.  One important aspect of this relationship is the connectivity ratio, which measures street connectivity by dividing the number of street links by the number of nodes (see DelDOT Development Coordination Manual). The result is a performance standard that measures the relative connectivity of a street network.
    3. A traditional grid provides the highest connectivity ratio and, therefore, a generally more efficient distribution of traffic.
  2. Protect natural habitat. The County encourages development practices that preserve forests, limit forest fragmentation, maintain or expand buffers along wetlands and streams, protect critical natural habitat, and provide public access to surrounding natural habitats.
  3. Safeguard water quality. Site and building design should encourage increased infiltration and vegetated surfaces, and reduced impervious area. To provide effective urban runoff and contamination migration, the County encourages Low Impact Development (LID) designs for stormwater management. 
  4.  Reduce greenhouse gas (GHG) emissions and improve air quality. In order to reduce GHG emissions associated with development, the County encourages energy efficiency improvements in the built environment and infrastructure, along with renewable energy resources in buildings, infrastructure, and transportation.
  5. Conserve existing neighborhoods. The Guiding Principles protect the character of the County’s residential neighborhoods and their local serving commercial areas.
  6. Promote healthy communities. The Guiding Principles encourage compact, mixed-use, and efficient development patterns that promote walking and biking in an effort to reduce automobile trips.
  7. Expand housing choices. The Guiding Principles encourage varied housing types throughout the County in a way that enhances sustainability, creates complete neighborhoods with diverse, mixed income, and affordable housing along transit corridors, while accommodating a mix of compatible uses.
  8. Support a sustainable economy. The Guiding Principles support economically sound and sustainable growth. The continued support and expansion of these uses at locations adjacent to transit will serve to ensure accessibility, maximize efficiency of urban infrastructure and services, and decrease reliance on automobile use.
  9. Stormwater management.
    1. Existing site characteristics, such as land cover, topography, and soil types should be the focus of determining the design of new development. Also, as the fundamental initiative of stormwater management, volume reduction through infiltration is best accomplished when runoff is treated near its source.
    2. Stormwater management practices should be integrated into site features such as rooftops, landscape islands, and paved areas, to intercept and retain rainfall runoff throughout the site in order to mimic pre-developed hydrology and reduce overall development costs associated with high land value.