Kent County Recorder of Deeds by dwu52752

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									Smart Growth- Suburban/Rural Focus
Region 3
Delaware

Draft Subdivision and Land Development Ordinance
Kent County
Summary

The purpose of the Subdivision and Land Development ordinance is to provide guidance
in the further development of areas of the community such that the community goals are
maintained. The ordinance discusses the procedure for preparation and completion of
preliminary plans, plat requirements, sketch plans, etc., so that they are done in
compliance with the comprehensive plan, so they meet the goal of preservation of the
environment, and so the health and safety of the population is adequately considered.

Ordinance
                                Chapter 187
                   SUBDIVISION AND LAND DEVELOPMENT
                              Table of Contents


                                     ARTICLE I
                              Title, Authority, Purpose

§ 187-1.      Title.
§ 187-2.      Authority, when effective.
§ 187-3.      Purpose.

                                  ARTICLE II
                            Word Usage and Definitions

§ 187-4.      Rules of Construction.
§ 187-5.      Definitions.

                                   ARTICLE III
                                 General Provisions

§ 187-6.      Preliminary plan and record plat required.
§ 187-7.      Approval of plat required.
§ 187-8.      Recording of plat required.
§ 187-9.      Plat preparation.
§ 187-10.     Planned Unit Development Districts
§ 187-11.     Interpretation
§ 187-12.       Jurisdiction of Regional Planning Commission
§ 187-13.       Jurisdiction of Department of Planning Services
§ 187-14.       Expiration of approved subdivision and land development plans
§ 187-15.       Fees
§ 187-16.       Department of Planning Services Right of Entry

                                    ARTICLE IV
            Sketch Plan and Preliminary Conference for Major Subdivisions

§ 187-17.       Preliminary conference.
§ 187-18.       Sketch plan submission.
§ 187-19.       Sketch plan submission to the Regional Planning Commission.

                                    ARTICLE V
                     Preliminary Plan, Preparation and Procedure

§ 187-20.       Submission of preliminary plan.
§ 187-21.       Approval of preliminary plan.
§ 187-22.       Requirements of preliminary plan.
§ 187-23.       Supporting statements.

                                     ARTICLE VI
                         Final Plan Preparation and Procedure

§ 187-24.       Submission of record plat.
§ 187-25.       Requirements of record plat.
§ 187-26.       Certificates and supporting statements.
§ 187-27.       Revisions to recorded subdivision plats.

                                    ARTICLE VII
                                Administrative Approvals

§ 187-28.       Minor subdivisions.
§ 187-29.       Minor lot line adjustments.
§ 187-30.       Consolidation of lots.
§ 187-31.       Change in ownership, mortgage, or lease line.
§ 187-32.       Process and procedures.

                                    ARTICLE VIII
                                Land Development Plans

§ 187-33.       Preliminary conference
§ 187-34.       Sketch plan submission.
§ 187-35.       Sketch plan submission to the Regional Planning Commission.
§ 187-36.       Submission of preliminary plan.
§ 187-37.       Planning Commission review of proposed development permitted by right.
§ 187-38.    Review of conditional use site plans.
§ 187-39.    Final plan approval.
§ 187-40.    Amendments and additions to site plans.
§ 187-41.    Completion bond.
§ 187-42.    Exemptions.
§ 187-43.    Revocation of permits.
§ 187-44.    Variation from approved plans prohibited.
§ 187-45.    Construal of provisions.
§ 187-46.    Fees.

                                ARTICLE IX
            Manufactured Housing Subdivision and Land Development

§ 187-47.    General provisions.
§ 187-48.    Manufactured housing subdivision.
§ 187-49.    Manufactured home parks.

                                   ARTICLE X
                              Required Improvements

§ 187-50.    General provisions.
§ 187-51.    Minimum requirements.
§ 187-52.    Plans, profiles, and specifications.
§ 187-53.    Completion Bond

                                  ARTICLE XI
                        Design Requirements and Standards

§ 187-54.    General requirements.
§ 187-55.    Suitability of land.
§ 187-56.    Street layout.
§ 187-57.    Street design standards.
§ 187-58.    Sidewalks.
§ 187-59.    Marked Crosswalks.
§ 187-60.    School and transit bus stops.
§ 187-61.    Blocks.
§ 187-62.    Lots.
§ 187-63.    Easements.
§ 187-64.    Active recreation areas.
§ 187-65.    Passive open space.
§187-66.     Public parks, facilities and land reservations.
§ 187-67.    Preservation of historic buildings and properties.
§ 187-68.    Ownership and maintenance of active recreation areas and passive open
             spaces.
§ 187-69.    Exemption to recreation area and open space dedication/reservation.
§ 187-70.    Construction phasing.
§ 187-71.    Woodland preservation.
§ 187-72.    Tree planting requirements in non-woodlands.
§ 187-73.    Tree mitigation.
§ 187-74.    Tree preservation and planting plan requirements.
§ 187-75.    Wetland areas.
§ 187-76.    Water bodies, streams and other water courses – Riparian Buffers.
§ 187-77.    Buffer requirements.

                                  ARTICLE XII
                      Exceptions, Modifications, and Waivers

§ 187-78.    Unusual conditions.
§ 187-79.    Approval of variances, modifications, and waivers.
§ 187-80.    Exceptions.

                                  ARTICLE XIII
                             Enforcement and Penalties

§ 187-81.    Building and occupancy permits; guarantees.
§ 187-82.    Violations and penalties.

                                  ARTICLE XIV
                                    Appeals

§ 187-83.    Appeal procedure.

                                  ARTICLE XV
                             Changes and Amendments

§ 187-84.    Amendment procedure.

                                  ARTICLE XVI
                               Severability; Repealer

§ 187-85.    Severability.
§ 187-86.    Repealer.

                                  APPENDICES

       Appendix A.   Major Subdivision Plan Requirements.
       Appendix B.   Schedule A
       Appendix C.   Land Development Plan Requirements.
       Appendix D.   Administrative Plan Requirements
                        ARTICLE I, Title; Authority; Purpose

§ 187-1. Title.

This chapter shall be known, referred to and cited as the "Subdivision and Land
Development Ordinance of Kent County, Delaware."

§ 187-2. Authority; when effective.

A. The Levy Court, by authority of Chapter 48, Title 9, Delaware Code, hereby adopts
   the following regulations governing the subdivision and development of land located
   within the unincorporated areas of Kent County.

B. These regulations, adopted under the foregoing authority, shall become effective upon
   the approval of the Levy Court and shall remain in effect until modified, amended or
   rescinded by the Levy Court.

§ 187-3. Purpose.

This chapter is enacted for purposes which are to provide for and accomplish the
following:

A. To Guide and coordinate the harmonious development of the unincorporated area of
   Kent County;

B. To propose, in accordance with present and future needs, the health, safety, order,
   convenience, prosperity, and general welfare of the citizens of the county;

C. To ensure that the arrangement and design of subdivisions and land developments
   conform to the Comprehensive Plan, Chapter 205, Zoning, the Delaware Code, and
   all other ordinances, codes, regulations, plans and maps adopted in furtherance
   thereof;

D. To assure sites suitable for building purposes and human habitation and use;

E. To provide adequate open spaces for recreation, light, and air;

F. To minimize any adverse impacts of land use;

G. To provide for convenient distribution of population and traffic;

H. To facilitate and accommodate prospective pedestrian and vehicular movement, fire
   protection, and the rendition of other essential services through a coordinated system
   and design of streets;
I. To ensure the coordination and conformity of subdivision and/or land development
   plans with the public improvement plans of the county regarding such facilities as
   streets, sewers, and other facilities and improvements;

J. To establish a uniform and equitable procedure for the review and processing of
   subdivision and/or land development plans;

K. To establish standards to ensure that developments are environmentally sound by
   requiring preservation of existing natural features including ground water recharge
   areas, well head protection areas, wetlands, riparian corridors, and watersheds to the
   greatest possible extent in areas affected through excavation, construction, or other
   land development activities;

L. To establish minimum standards for the design and construction of improvements
   which aid in the use and enjoyment of land, such as streets, sidewalks, adequate
   drainage and water and sewage facilities, and which would aid in precluding adverse
   environmental effects, such as sedimentation, soil erosion, flooding, deforestation,
   and water pollution; and

M. To establish standards for the administration of this chapter.


                        ARTICLE II, Word Usage and Definitions

§ 187-4. Rules of construction.

The following general rules of word meaning and usage shall apply to this chapter:

A. The singular number includes the plural, and the plural the singular, unless the
   context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the future the
   present.
C. The word "shall" is always mandatory. The word "may" is permissive.
D. The word "public" means "open to common use," whether or not public ownership is
   involved.
E. Words and terms not defined herein shall be interpreted in accord with their normal
   dictionary meaning and customary usage.

§ 187-5. Definitions.

For the purpose of this chapter, certain terms and words are hereby defined:

ACTIVE RECREATION – Recreational uses, areas, and activities oriented toward
potential competition and/or involving special equipment. Playgrounds, sports fields and
courts, swimming pools, and golf courses are examples of active recreation uses.
ALLEY -- A narrow public or private thoroughfare, not exceeding 16 feet in width,
which provides a secondary means of vehicular access to abutting properties and which is
not intended for general circulation.

ARTERIAL STREET – A highway intended to carry a mix of regional and local traffic.
It provides access to regional and community scaled land uses. It should be anticipated to
ultimately require a minimum of four (4) traffic lanes.
BUILDING LINE -- A line within a lot, so designated on a plat of subdivision, between
which line and the street line of any abutting street no building or structure may be
erected.

BUILDING SETBACK -- The minimum distance that a building must be set back from a
street or lot line as required by a building setback line so designated on a plat of
subdivision. The building setback may be more but shall not be less than required in
Chapter 205, Zoning.

CARTWAY -- See "roadway."

COLLECTOR STREET -- A street which is intended to collect traffic from the minor
streets within a neighborhood or a portion thereof and to distribute such traffic to major
thoroughfares.

COMMISSION -- The Kent County Regional Planning Commission.

COUNTY -- Kent County, Delaware.

CROSSWALKWAY -- A public way intended for pedestrian use and excluding motor
vehicles which cuts across a block in order to furnish improved access to adjacent streets
or properties.

CUL-DE-SAC -- A minor street having but one end open for vehicular traffic and with
the other end permanently terminated by a turnaround for vehicles.

DEDICATION – The transfer of property to public or common ownership for a public
purpose. The transfer may be in fee simple interest, or less that fee simple interest,
including easements. Dedication requires the acceptance of the interest to be complete.

DEVELOPMENT ADVISORY COMMITTEE -- A committee comprising the staff of
the Commission, Kent County Public Works Director, Health Officer, City Engineer of
Dover, representatives of the Delaware Department of Transportation, Delaware
Department of Natural Resources and Environmental Control, Kent Conservation
District, Fire Marshal, Kent County Parks and Recreation Commission and such other
professional and technical representatives as may be deemed necessary by the
Commission. The committee shall function as an advisory body to the Commission with
regard to design requirements, improvement specifications and other applicable standards
relating to the design and construction of subdivisions and land developments.
EASEMENT -- A strip of land for which the owner grants a right of use to someone else
for one or more designated purposes, which purposes are consistent with the general
property rights of the owners.

ENGINEER -- An individual technically qualified and legally qualified in the State of
Delaware to practice the profession of civil engineering and who is registered to do so in
the State of Delaware.

FUNCTIONAL CLASSIFICATION MAP --

HEALTH OFFICER -- The Health Officer of Kent County.

HOME OWNERS ASSOCIATION – a body of persons legally responsible for the
maintenance of private open spaces and/or common facilities. Also known as
Maintenance Corporation.

LANDSCAPE ARCHITECT – An individual registered by the State to practice the
profession of landscape architecture

LANDSCAPE PLAN – A plan associated with a subdivision or land development plan
indicating the placement of trees, shrubs, ground cover, and affiliated structures and
improvements, including specifications, species, quantities, and installation as prepared
by a Delaware registered landscape architect.

LANDSCAPING – The design and installation of plant material such as lawns,
groundcover, trees, bushes, etc., in formal, informal, or natural arrangements.

LEVY COURT -- The governing body of Kent County, Delaware.

LOCAL STREET -- See "minor street."

LOT -- A portion of a subdivision or other parcel of land intended for the transfer of
ownership or for building development, whether immediate or future.

LOT AREA -- The total horizontal area within the lot lines of the lot.

LOT DEPTH -- The average horizontal distance between the front and rear lot lines.

LOT LINE -- The boundary line of the lot.

LOT WIDTH -- The shortest horizontal distance between the side lot lines measured
along the required building setback line.

MINOR STREET -- A street other than a major thoroughfare or collector street and
intended primarily for providing access to abutting individual residential properties.
OPEN SPACE – Land area to be left undeveloped as part of a natural resource
preservation, recreation, bufferyards, or other open space provision of this Chapter. Open
space excludes areas in lots, street rights-of-way, or parking.

PASSIVE RECREATION – Recreational uses, areas, or activities oriented to
noncompetitive activities which either require no special equipment or are natural areas.

PEDESTRIAN WAY – A publicly or privately owned right-of-way or easement for
pedestrian or bicycle use.

PLAN, PRELIMINARY – A plan of subdivision or land development , including all
required supplementary data, showing the approximate proposed street and site layout as
a basis for consideration by the Department and the development advisory committee
prior to preparation of the record plan.

PLAN, SKETCH – An informal plan indicating salient existing features of a tract and its
surroundings, including the general layout of a proposed subdivision or land
development.

PLAN, RECORD – A complete subdivision or land development plan, including all
required supplementary data which defines property lines, proposed streets and other
improvements, and easements.

RECORDER OF DEEDS -- The Recorder of Deeds of Kent County, Delaware.

REGULATIONS -- The whole body of regulations, text, charts, diagrams, notations and
references contained or referred to in this chapter.

ROADWAY -- The portion of a street or highway available for and intended for use by
motor vehicle traffic.

SERVICE DRIVE -- A minor street which is parallel to and adjacent to a major
thoroughfare and which provides access to abutting properties and restricts access to the
major thoroughfare.

STREET (GENERAL) -- A public or private thoroughfare which affords the principal
means of access to abutting properties and whether designated as a freeway, expressway,
highway, road, avenue, boulevard, lane, place, circle or however otherwise designated.
See also the definitions of specific street types.

STREET LINE -- A dividing line separating a lot, tract or parcel of land and a contiguous
street and also referred to as a "right-of-way line."

SUBDIVIDER -- Any individual, firm, partnership, association, corporation, estate, trust
or any other group or combination, acting as a unit, dividing or proposing to divide land
so as to constitute a subdivision as defined herein, and including any agent of the
subdivider.

SUBDIVISION -- A division of any part, parcel or area of land by the owner or his agent
into lots or parcels two or more in number for the purpose of conveyance, transfer,
improvement or sale, with or without appurtenant roads, streets, lanes, driveways and
ways dedicated or intended to be dedicated to public use or the use of purchasers or
owners of lots fronting thereon. A subdivision includes:

A. Any division of a parcel of land having frontage on an existing improved street into
   two or more lots, one or more of which have frontage on the existing street.
B. Any development of a parcel of land which involves installation of streets and
   driveways, whether or not dedicated and whether or not the parcel is divided for the
   purpose of immediate conveyance, transfer or sale.
C. Any resubdivision and, as appropriate, shall refer to the process of subdividing land
   or the land so subdivided.

SUBDIVISION, MINOR -- Any subdivision of land that creates five or fewer, or no,
parcels of land and, if a parcel of land is created, either said created parcel is not on a new
road or said created parcel(s) is (are) on a private road approved pursuant to regulations
adopted by the county government and shall apply only to the creation of up to a five-
parcel minor subdivision and shall not apply to the creation of parcels in excess of a total
of five off of the original tract of land from which minor subdivision is sought. "Original
tract" shall be deemed to be all tracts separately in existence upon effective date of this
definition.

SANITARY SEWAGE DISPOSAL, COMMUNITY – A sanitary sewage collection
system in which sewage and wastewater is carried from individual lots, by a system of
pipes, to a temporary central treatment and disposal plant, generally serving a
neighborhood area.

SANITARY SEWAGE DISPOSAL, ON-LOT – A system in which sanitary sewage and
wastewater is collected from a single use or dwelling unit, by a system of pipes, and
carried to a septic tank and tile disposal field located within the boundaries of an
individual lot.

SANITARY SEWAGE DISPOSAL, PUBLIC -- A system in which sanitary sewage and
wastewater is collected from multiple uses or dwelling units, by a system of pipes, and
carried to a central disposal facility, generally serving a region.

SWALE – A linear depression in the land’s surface in which sheet runoff would collect
and forma temporary watercourse.


                            ARTICLE III, General Provisions
§ 187-6. Preliminary plan and record plat required.

On and after the effective date of this chapter, any owner, agent or proprietor of any tract
of land located within the area to which these regulations shall apply who subdivides
such land into lots, blocks, streets, alleys, public ways, or public grounds shall prepare a
preliminary plan of such subdivision in accordance with the regulations set forth herein
and the laws of the State of Delaware and shall prepare a final plan to be recorded in the
office of the Recorder of Deeds.

On and after the effective date of this chapter, any owner, agent or proprietor of any tract
of land located within the area to which these regulations shall apply who develops such
land shall prepare a preliminary plan of such land development in accordance with the
regulations set forth herein and the laws of the State of Delaware and shall prepare a final
plan to be approved and filed by the Department of Planning Services.

§ 187-7. Approval of plat required.

No subdivision plat shall be recorded by the Recorder of Deeds unless and until it has
been submitted to and approved by the Regional Planning Commission, as provided
herein, and until the record plat has been approved by the Levy Court.

No final plan of a land development shall be approved by the Department of Planning
Services unless and until the preliminary plan shall have been submitted to and approved
by the Regional Planning Commission and/or Levy Court as provided herein.

§ 187-8. Recording of plat required.

No parcel of land in a subdivision created on or after the effective date of this chapter
shall be transferred, sold, or offered for sale, nor shall a building permit be issued for any
structure thereon, nor shall a certificate of occupancy for the use of any land or structure
thereon be issued, until a plat of the subdivision shall have been recorded in the office of
the Recorder of Deeds in accordance with these regulations and the laws of the State of
Delaware. Any person who violates this provision shall be subject to the penalties
contained in Article XIII, Enforcement and Penalties of this chapter.

§ 187-9. Plat preparation.

In preparing a plat of a subdivision or land development, the developer or subdivider
shall comply with the general principles of design and minimum requirements for the
layout of subdivisions as set forth in Article XI, Design Criteria and Standards and with
the rules and regulations concerning required improvements as set forth in Article X,
Required Improvements, as well as any additional standards and specifications for
improvements adopted by the Levy Court, and in every case the preparation of such plat
shall be in accordance with the procedures contained in Articles IV, V, VI, VII, and VIII.

§ 187-10. Planned Unit Development Districts
Where land within the unincorporated territory of Kent County is proposed for
development in accordance with the provisions of Chapter 205, Zoning, pertaining to the
establishment of planned unit development districts, the requirements and conditions for
approval as set forth in that chapter shall prevail in the case of any conflict with these
regulations; provided, however, that nothing in this section shall be construed as
permitting any exception from the requirements of these regulations with regard to the
design, arrangement or improvement of streets and highways within any proposed
planned unit development district.

§ 187-11. Interpretation

The provisions of this chapter shall be deemed to be the minimum requirements
necessary to meet the foregoing purposes. However, when interpreting such
requirements, the following shall be noted:

A. Where, owing to special or unique conditions a subdivision or land development
   proposal may be hazardous to, the life, health, safety or property of persons in the
   County , more stringent or restrictive requirements necessary to eliminate or alleviate
   such hazard may be applied or imposed by the Regional Planning Commission and/or
   Levy Court;

B. Where, owing to special or unique conditions, the provisions of this chapter may
   inflict unnecessary hardship upon the applicant, reasonable exceptions to such
   provisions may be made by the Regional Planning Commission and/or Levy Court as
   will not be contrary to the foregoing purposes or to the public interest. Where it is
   desirable to affect economy and ingenuity in the layout of subdivisions and land
   developments and to protect sensitive natural areas, modifications of site
   requirements may be made in accordance with the guidelines set forth in Article XII,
   Modifications and Exceptions herein, and the Regional Planning Commission and/or
   Levy Court may alter site requirements for encouraging other practices which are in
   accordance with modern and evolving principles of site planning and development.

C. Where the provisions of this chapter impose more stringent requirements than those
   of any statute, ordinance or regulation, the provisions of this chapter shall prevail;
   where the provisions of any statute, ordinance, code or regulation impose more
   stringent requirements than those of this chapter, such statute, ordinance, code or
   regulation shall prevail.

§ 187-12. Jurisdiction of Regional Planning Commission.

A. The Levy Court shall have jurisdiction of subdivision and land development within
   the county. In order that the actions of the Levy Court under this chapter may be
   correlated with all relevant data and procedures, the Levy Court hereby designates the
   Regional Planning Commission as the agency to which the following responsibilities
   are assigned:
B. To review and approve all applications for either preliminary or final approval of
   subdivision and/or land development plans;

C. To engage in preliminary consultations with the applicant relating to such plans;

D. To make recommendations to the Levy Court concerning approval, disapproval,
   modification, and conditions of approval of plans requiring final Levy Court
   approval including, but not limited to, conditional uses both with and without site
   plans;

E. To approve subdivision and land development applications not requiring conditional
   use approval.

F. To review this chapter and make recommendations to the Levy Court on proposed
   amendments to it; and

G. In the performance of its functions, to enter upon any land to assess existing
   conditions and the proposed subdivision or land development with the consent of the
   owner.

§ 187-13. Jurisdiction of Department of Planning Services.

A. The Levy Court hereby designates the Director of Planning Services or designated
   representative as the person to determine whether or not any preliminary or final plan
   submissions are complete and acceptable to the county in accordance with these
   regulations.

   1. The Director or designated representative shall, within eight business days,
      inspect such submission to see if the following have been submitted:

       a.   The required data and other information to be included on the plan;
       b.   The required application form and filing fee;
       c.   The required number of copies;
       d.   The required types of plans, electronic files, reports, and other information;
       e.   The required checklist; and
       f.   The required supporting information.

   2. In the event that the submission is found to be incomplete, the Director or
      designated representative shall notify the applicant, in writing, by certified mail,
      return receipt requested, and inform the applicant that the date of filing will not be
      effective until all required forms, fees, types and copies of plans and papers are
      submitted.
B. In the event of any action inconsistent with the provisions of this chapter, the Director
   of Planning Services or designee may issue a cease and desist order or take such
   other appropriate action as is deemed necessary under the circumstances.

§ 187-14. Expiration of approved subdivision development plans

A. The following regulations concerning expiration of recorded and approved plans are
   applicable to major subdivisions, minor subdivisions, strip subdivisions, residential
   land development plans, and nonresidential land development plans.

B. Plans approved after adoption of these regulations.

   1.    Construction of improvements shown on recorded subdivision plans shall
        commence within five (5) years of the original recordation date and continue
        progressing toward completion.

C. Plans approved before the adoption of these regulations.

   1. Construction of improvements shown on a recorded subdivision plan shall
      commence within five (5) years from the date of recordation of the plan and
      continue progressing toward completion.


   2. Plans for which the five (5) year period has elapsed prior to the effective date of
      these provisions or for which the five (5) year period will elapse during the first
      year after the effective date of these regulations shall have an eighteen (18) month
      grace period following the effective date of these regulations.

D. The Planning Services Department shall notify applicants and landowners of
   properties involving approved plans where construction has not commenced one (1)
   year prior to the expiration date and again six (6) months prior to the expiration date
   that they are subject to the expiration provisions and identifying their options for
   possible reapproval.

E. For the purpose of this section, "commencement of construction" shall mean that a
   building permit or such other permit or approval by Kent County or applicable state
   agency has been issued and construction commenced under such permit which is
   visible on an inspection of the property by a representative of the Kent County
   Department of Planning Services. Such construction must be intended to accomplish
   the installation of improvements under Article X, Required Improvements, but
   excludes general earth moving activities, and such work must have been started with
   a good faith intention and purpose then formed to continue the work until completion.

F. The applicant shall bear the burden of providing evidence to the Department of
   Planning Services establishing that construction has commenced within the five (5)
   year period.
G. Landowners who have been notified that their projects may be subject to expiration
   have the following courses of action available to them:

   1. The applicant has the opportunity to provide evidence to the Department of
      Planning Services establishing that construction has commenced;

   2. The applicant may apply to the Department of Planning Services for reapproval of
      the project for an additional five year period in accordance with the following
      procedures:

       a. The Planning Staff shall review the recorded and/or approved plan for
          consistency with all current provisions of this chapter, Chapter 205, Zoning,
          and the Comprehensive Plan. Such review may involve coordination with and
          review by applicable Development Advisory Committee (DAC) agencies.

       b. Based upon that review, the Director of Planning Services or designee will
          determine if the plan meets current standards, if the plan requires minor
          revisions in order to comply with current standards, or if the plan must be
          resubmitted as a new application subject to all appropriate review procedures,
          regulations, and fees.

       c. Should the Director of Planning Services or designee determine that the plan
          is consistent with current policies and regulations, he/she shall reapprove the
          plan and give written notice to the owner of reapproval. Such approval shall
          allow the issuance of building permits in accordance with all conditions of
          approval. The owner shall then have five (5) years from the date of such
          notice of reapproval to obtain building permits and commence construction.

       d. Should the Director of Planning Services or designee determine that the plan
          requires minor revisions in order to comply with current policies and
          regulations, such notice shall be provided in writing and the applicant may
          make such adjustments for administrative approval. Once necessary minor
          revisions are completed, the plan may be reapproved by the Department of
          Planning Services allowing the issuance of building permits subject to the
          provisions of the original record subdivision plan and/or any recorded
          resubdivision plans. The owner shall then have five (5) years from the date of
          such notice of reapproval to obtain building permits and commence
          construction.

       e. Should the Director of Planning Services or designee determine that the plan
          would involve considerable revision to an extent that would change the scope
          of the project and must be resubmitted for review by the Regional Planning
          Commission in order to comply with current policies and regulations, the
          Planning Services Department shall provide written notice to the owner of the
          specific areas of noncompliance. The land owner shall have the opportunity
           to make the necessary modifications to the plan and apply to the Department
           of Planning Services as a new application in accordance with Articles IV, V,
           and VI of this Chapter.

   3. All of the above-referenced reviews, determinations, and reapprovals must be
      completed prior to the expiration of the five (5) year period.

H. Should new plans be submitted, they must receive approval from the Planning
   Services Department, Regional Planning Commission, and/or Levy Court as
   applicable. Once re-approved, subdivision plans may be recorded and shall have the
   effect of superceding the original record major subdivision plan. The owner/applicant
   shall then have five (5) years from the date of approval to obtain building permits,
   commence construction, and progress toward completion.

I. Should the five (5) years lapse without the owner taking any action, the plan shall be
   considered expired. Expired subdivision plans shall be deleted from the Kent County
   property records by deleting individual subdivision lots from the official Kent County
   Tax Map and by eliminating the undeveloped parcels from the assessment records.

§ 187-15. Fees.

Fees to partially cover the cost of considering, examining, and checking the plats required
herein and for recording the record plat shall be collected at the time of filing the plans in
accordance with the following schedule of charges:

A. Plan review. Fees shall be as set from time to time by ordinance of the Levy Court.
   The current fee schedule is on file in the county offices.

B. Record plat. Fees for recording the record plat(s) shall be in accordance with the
   adopted fee schedule of the Office of the Recorder of Deeds.

§ 187-16. Department of Planning Services Right of Entry

Employees or agents of the Department of Planning Services who are acting in the
official performance of their duties shall have the right to enter, go upon, and inspect at
reasonable times any land, either public or private, outside of any municipality, and to
make surveys, photograph, and place any necessary monuments and markers on the land,
provided that any such entry shall be made with due care and regard for the protection
and preservations of property.


ARTICLE IV. Sketch Plan and Preliminary Conference for Major Subdivisions

' 187-17. Preliminary conference.
A. Before undertaking the preparation of a major subdivision plat, the subdivider shall
   consult with the Commission's staff to discuss the location of proposed major streets,
   highways, parks, playgrounds, school sites conservation areas, site-specific planning
   opportunities and constraints, and other planned public improvements and to
   determine the zoning regulations and other requirements relating to or affecting the
   proposed subdivision. Notification of preliminary conference is required to other
   county divisions such as Parks, Inspections and Enforcement, and Engineering.

B. The applicant for a subdivision is encouraged to also consult with the Kent County
   Public Works Department, the Kent Conservation District, the Delaware Department
   of Transportation (DelDOT), the fire chief for the respective fire district, and the
   Delaware Department of Natural Resources and Environmental Control (DNREC) on
   matters related to proposed facilities for sanitary sewage disposal, stormwater
   management for quality, quantity and drainage, and water supply intended to serve
   the proposed subdivision.

C. The purpose of these consultations is to assist the subdivider by furnishing
   information and advice, expedite the application process for the subdivider, save him
   unnecessary expense and promote the best coordination between the plans of the
   subdivider and those of the County Comprehensive Plan and other public agencies.

D. The preliminary application must be submitted within six (6) months of the
   preliminary conference meeting or another preliminary conference will be required
   and the project must meet all current standards.

§ 187-18. Sketch plan submission.

A. The applicant shall provide a sketch of the subject property showing the proposed
   scheme for development of the property and other significant information to the
   Planning Staff at the preliminary conference. Such plan shall be submitted to the
   Planning staff at least five (5) days prior to the date of the preliminary conference.

B. The sketch plan shall include all information as required by Appendix A, Major
   Subdivision Plan Requirements at the end of this chapter.

C. The Planning staff review shall take into consideration the requirements of this
   chapter, Chapter 205, Zoning, and the Comprehensive Plan and shall pay particular
   attention to the following:

   1. The arrangement, location, and width of streets and their relation to the
      topography of the site;
   2. The arrangement, size and location of lots and proposed structures, if any;
   3. Drainage;
   4. Sewage disposal and water supply;
   5. The relation of the subdivision to the natural features of the site;
   6. Community facilities and provision of open space;
   7. Protection of water quality;
   8. Preservation of trees and historic and cultural resources;
   9. The potential further development of adjoining lands which may not yet be
       subdivided;
   10. The general objective of ensuring a durable, harmonious, and appropriate use of
       the land in accordance with the objectives of the Comprehensive Plan; and
   11. The requirements set forth in Section 187-18.B above pertaining to the sketch
       plan submission.

§ 187-19. Sketch plan submission to the Regional Planning Commission.

A. A subdivider may submit a sketch plan for any proposed subdivision to the Regional
   Planning Commission (RPC) for review. A submission to the RPC is encouraged, but
   not required.

B. The submission of a sketch plan does not constitute submission of an application for
   approval of a subdivision. However, it does represent a basis for an informal
   discussion between the Commission and the landowner or developer, which may
   prove to be valuable to the prospective applicant in formulating plans, documents,
   and other submissions for preliminary plan approval. In the event that a subdivider
   submits a sketch plan, the following shall apply:

   1. The applicant shall submit the required fees, application, a sketch plan checklist,
      an electronic copy of the plan, and 10 copies of the sketch plan to the Department
      of Planning Services at least thirty (30) days prior to the Commission meeting at
      which the plan is to be reviewed.

   2. In addition to furnishing copies of the sketch plan, the landowner or subdivider
      shall identify the name, address, and telephone number of the holder of legal title
      to the land involved, the nature of the landowner's interest in the land (whether
      holder of legal or equitable title or otherwise), and the name, address, and
      telephone number of the agent, if any. The applicant shall provide such
      information in writing.

   3. The RPC shall review the sketch plan, and the Planning Director or designee shall
      indicate any and all review comments pertaining to the plan to the applicant by
      written correspondence per the standards of the RPC.

   4. The RPC’s review shall take into consideration the requirements of this chapter,
      Chapter 205, Zoning, and the Comprehensive Plan and shall pay particular
      attention to the items listed in Section 187-18.C.

   5. For proposed subdivisions located within the growth zone, as identified by the
      Kent County Comprehensive Plan, in which the applicant has chosen to submit a
      sketch plan, the public hearing process described in Article V, Section 187-21
      below shall take place at the sketch plan process rather than the preliminary plan
        stage. The submission requirement of thirty (30) days prior to the date of the RPC
        public hearing shall remain in effect.

   6. Applicants for proposed subdivisions located outside of the growth zone, as
      identified by the Kent County Comprehensive Plan, are still encouraged to submit
      sketch plans, but the public hearing process will take place at the preliminary plan
      stage.

C. Neither the RPC nor the applicant shall be bound by the sketch plan, however, the
   subsequent preliminary plan must conform to the sketch plan in concept and
   substance


             ARTICLE V. Preliminary Plan, Preparation and Procedure

' 187-20. Submission of preliminary plan.

A. After the preliminary conference with the staff, the subdivider shall prepare a
   preliminary plan of the proposed subdivision conforming to the requirements for the
   preparation of such plat as set forth in Appendix A. Deadlines for submission of
   applications shall be established annually by the Planning Services Department and
   shall be approximately sixty (60) days prior to the meeting of the Commission. Upon
   making application, the following items shall be filed with the staff:

   1.   Forty-five (45) black- or blue-line prints of the preliminary plan;
   2.   One (1) mylar or one (1) electronic copy on compact disc;
   3.   A completed application form;
   4.   Checklist;
   5.   Filing fee; and
   6.   Other supporting information that the Director of Planning Services or designee
        and/or applicant deem pertinent to the application.

B. If a proposed subdivision plan indicates that central sewer will be utilized, a letter
   from the Department of Public Works verifying that central sewer is legally and
   technically available must be provided upon preliminary plan application.

C. If a proposed subdivision plan indicates that on-site septic will be utilized, a copy of
   the DNREC approved soils feasibility study must be submitted with the plan.

D. The preliminary plan shall be reviewed by the staff to determine its conformity with
   DelDOT’s Functional Classification Map, other pertinent features of the
   Comprehensive Plan of the county, applicable zoning and other regulations and the
   design principles, standards, and requirements for plan submission as set forth in this
   chapter. The staff shall also refer the preliminary plan to the State Office of Planning
   Coordination and the Regional Planning Commission's Development Advisory
   Committee (DAC) for comment and recommendation.
' 187-21. Approval of preliminary plan.

   A. A public hearing on the preliminary plan shall be conducted at a regular meeting
      of the Regional Planning Commission (RPC), no later than sixty (60) days after
      the filing deadline for that application. No hearing shall be held by the RPC until
      notice of time and place thereof shall have been sent by registered mail to the
      subdivider, adjacent property owners, and to such other interested parties as may
      be determined by the RPC not less than five (5) business days before the date of
      said hearing. Planning staff will also post a notice outlining the date, time, place,
      and nature of the hearing in a conspicuous location on the property. The
      published and posted notices shall contain reference to the time and place or
      places within the County where the text, maps, and plans for the proposed
      subdivision may be examined. At the hearing, the RPC shall receive a report from
      its staff, together with the comments and recommendations of the Development
      Advisory Committee. Interested parties shall have the opportunity to offer
      testimony both in favor of and in opposition to the proposed plan.

   B. Following the public hearing, the Commission shall tentatively approve,
      disapprove, or conditionally approve the plan subject to specific changes or
      modifications within forty-five (45) days after acceptance by the Commission of
      the plat and all necessary supporting documentation, otherwise such plat shall be
      deemed to have been approved and a certificate to that effect shall be issued by
      the Commission upon demand. A plan shall be considered accepted upon the
      initial public hearing date. The Commission shall be deemed to have accepted the
      plan on the date it is presented in the public hearing. Such period may be
      extended by mutual agreement between the Commission and the applicant for the
      Commission's approval. Any comments or conditions related to the plan shall be
      returned to the subdivider, with other copies retained in the files of the
      Commission. The grounds of disapproval of any plat shall be stated upon the
      records of the Commission, and a copy of such statement shall be furnished to the
      applicant. Any approval or disapproval, after its recordation by the Commission,
      may be appealed to the Levy Court within thirty (30) days.

   C. The Commission may require that a preliminary plan be resubmitted for further
      action if it is determined that the preliminary plan does not meet the intent of the
      Comprehensive Plan or does not meet the intent and provisions of the subdivision
      regulations.

   D. If the Commission approves the preliminary plan, such approval shall be valid for
      eighteen (18) months. The subdivider may apply for one extension only for a
      period not to exceed six (6) months (thereby making the preliminary plan valid
      for a period not to exceed a total of twenty-four (24) months). Self-imposed
      delays or lack of due diligence in pursuit of all necessary approvals and
      finalization of the preliminary plan shall not be a valid reason for granting an
      extension. The Planning Services Staff must receive any requests for extension
       thirty (30) days prior to the Commission business meeting at which it is to be
       heard. The applicant’s request for extension must be heard by the Commission
       prior to the expiration of the preliminary plan. In all cases plans must be
       approved by the Levy Court and recorded within twenty-four (24) months of
       preliminary approval

' 187-22. Requirements of preliminary plan.

The preliminary plan of the proposed subdivision shall comply with the following general
requirements with regard to preparation, style, and content:

A. It shall be prepared by a registered land surveyor or engineer at a scale no smaller
   than one inch (1”) to one-hundred feet (100’) unless approved by the Planning
   Director or designee and on a twenty-four-inch (24”) by thirty-six-inch (36”) sheet.

B. It shall provide all the pertinent information on existing site conditions, property
   ownership and the like which may be necessary for the Commission to properly
   consider the proposed subdivision, and such information shall be accurate and
   reliable.

C. It shall show the general plan for the ultimate development of the property, including
   as much of the surrounding area as may be necessary for an adequate consideration of
   the land to be subdivided. Such plan shall be accurately drawn to scale, but surveyed
   dimensions are not required.

D. The preliminary plan shall be drawn in a clear and legible manner and shall show all
   information as required by Appendix A.

' 187-23. Supporting statements.

Statements explaining how and when the subdivider proposes to provide and install
required water supply, sewers or other means of sewage disposal, street pavements,
buffers, curbs and gutters, and drainage structures shall accompany the preliminary plan.


               ARTICLE VI. Final Plan, Preparation and Procedure

' 187-24. Submission of record plat.

A. Following approval of the preliminary plan by the Regional Planning Commission
   (RPC) and the submission of plans for improvements within the proposed subdivision
   to the appropriate state or county agencies, the subdivider shall submit a record plat
   for approval by the RPC thirty (30) days prior to the meeting at which the plan is to
   be considered.
B. Such record plat may be for all the property included in the preliminary plan or it may
   be limited to any portion thereof, which is intended to be developed as a unit.
   Additional record plats, covering additional units of the property, may be submitted
   later, provided that the preliminary plan is still valid. Every record plat shall be
   substantially in accordance with the approved preliminary plan, including any
   changes or additions required by the Commission as a condition for its approval, and
   it shall conform in every respect to the requirements for the preparation of such plat
   as set forth in Appendix A of this chapter and Articles X Required Improvements and
   XI Design Criteria and Standards.

C. The subdivider shall file the following items with the Commission's staff:

   1. Ten (10) black- or blue-line prints;
   2. One (1) mylar or one (1) electronic copy on compact disc;
   3. An application for approval of the plat on a form to be supplied by the
      Commission;

D. Letters of “No Objection” from applicable Development Advisory Committee (DAC)
   agencies including but not limited to:

   1. Delaware State Fire Marshal;
   2. Delaware Department of Transportation; and
   3. Kent Conservation District;

E. The RPC shall make a determination of the plat’s compliance with the conditions of
   preliminary approval and make a recommendation in writing to the Levy Court of
   approval, conditional approval, or denial of the plat. The Commission shall approve,
   approve with conditions, disapprove, or table a plat within forty-five (45) days after
   acceptance by the Commission of the plat and all necessary supporting
   documentation, otherwise such plat shall be deemed to have been approved and a
   certificate to that effect shall be issued by the Commission upon demand. Criteria for
   disapproving a final plan shall include, but not be limited to, material difference from
   the approved preliminary plan or inconsistency with the adopted Kent County
   Comprehensive Plan. The forty-five (45) day approval period may be extended by
   mutual agreement between the Commission and the applicant.

F. Following the recommendation of approval, conditional approval, or denial by the
   RPC, Staff shall forward the record plan with the written recommendation to the
   following business meeting of the Levy Court. The Levy Court shall then determine
   the plan’s consistency with applicable codes and regulations of the County. A
   positive determination of consistency by the Levy Court shall result in a resolution of
   approval by the governing body. Should the Levy Court determine the plan is not
   consistent with the codes and regulations of the County, the reasons for such
   determination shall be provided to the subdivider within ten (10) working days
   following the Levy Court meeting.
G. Following a resolution of approval by the Levy Court, the subdivider shall then
   provide Planning Staff with one (1) paper copy of the plan, an electronic copy of the
   record plan, one (1) Mylar (or equivalent), and the fee for recordation of the approved
   subdivision plat. The plat must be recorded within the time limits established by
   Section 187-21.D above. If the plat is not recorded within that time limit, even after
   Levy Court approval, the plat will be deemed to be expired. Should the approval
   lapse, another application, including the fee, and review will be required.

H. The record plan (both the paper copy and the mylar) must be signed by the owner and
   signed and sealed by the engineer or surveyor. Upon receipt of the record plan by the
   Planning Staff, signatures of the Planning Director or designee and the Levy Court
   President or County Administrator will be obtained on the plan prior to recordation.
   The Planning Staff will then record the plan in the Office of the Recorder of Deeds
   for Kent County.

I. All property included within the approved subdivision must also be within the same
   ownership upon recordation.

' 187-25. Requirements of record plat.

The record plat of the subdivision shall comply with the following general requirements
with regard to style and content:

A. It shall be prepared by a registered land surveyor or by a registered engineer based
   upon a survey prepared by a registered land surveyor. It shall be at a scale no smaller
   than one inch (1”) to one hundred feet (100 ft.), unless otherwise approved by the
   Planning Director or designee and it shall be drawn on sheets not less than twenty-
   four inches (24”) by thirty-six inches (36”) including a margin of one-half-inch
   outside-ruled border lines.

B. All dimensions and bearings of lines and all areas shall be based upon a field survey
   of sufficient accuracy and detail that the data shown thereon may be reproduced on
   the ground. All distances and the length of all lines shall be given to the nearest
   hundredth of a foot. Bearings of all lines shall be bearings referenced to the date of
   the plat, and all bearings shall be given to the nearest minute. All areas shall be given
   to the nearest square foot.

C. The record plat shall be legibly and accurately drawn and shall show the information
   required by Appendix A.

' 187-26. Certificates and supporting statements.

Accompanying the record plat and made a part thereof shall be the following certificates
and statements:
A. Owner's statement acknowledging ownership of the property and agreeing to the
   subdivision thereof as shown on the plat and signed by the owner or owners.

B. Statements explaining how and when the subdivider proposes to provide and install
   required improvements such as water supply, sewers or other means of sewage
   disposal, street pavements, buffers, curbs and gutters, and drainage structures.

C. Owner's statement of dedication offering all streets, alleys, and other public ways for
   dedication to public use as applicable. Statement of the surveyor or engineer that the
   record plat, as shown, is a correct representation of the survey as made, that all
   monuments indicated thereon exist and are correctly shown and that the plat complies
   with all requirements of this chapter and other applicable laws and regulations.

D. Deed restrictions, articles of incorporation, bylaws, and declaration of maintenance
   applicable within the subdivision, including agreements for the operation and
   maintenance by the property owners or agency in the subdivision of any sewage,
   storm water management facilities, recreation areas, or other physical facility which
   is of common use or benefit. All such documents must be recorded in conjunction
   with the final plan. A homeowners association or maintenance corporation must be
   created for the maintenance of all facilities not to be held in public ownership.

E. For any new subdivision development located, in whole or in part, adjacent to or
   contiguous with lands zoned for agricultural use, the owner of the development shall
   provide, as a note on the recorded plan as well as in the deed, the following written
   notice for any residential lot or dwelling unit:

               “This property is located in the vicinity of land used primarily for
               agricultural purposes on which normal agricultural uses and activities have
               been afforded the highest priority use status. It can be anticipated that such
               agricultural uses and activities may now or in the future involve noise,
               dust, manure and other odors, the use of agricultural chemicals and
               nighttime farm operations.”

F. For any new subdivision development located in whole or in part on lands contained
   within the Air Installation Compatible Use Zone (AICUZ), the owner of the land
   and/or dwelling shall provide, as a note on the recorded plan as well as in the deed,
   the following written notice:

               “This property and/or dwelling unit is located in the vicinity of aircraft
               operations associated with the Dover Air Force Base. It can be anticipated
               that such aircraft operations may result in high noise disturbances or the
               potential for an aircraft accident.”

G. For any new subdivision development containing lots located within the 100-year
   flood plain as designated in the most current Federal Flood Insurance Rate Maps shall
   include the flowing note on the plan:
             “Lots ___ through/and _______ are impacted by the 100-year flood plain.
             Notification of such shall be included on the sales contracts, deeds, and
             deed restrictions for the above-mentioned lots.”


H. The following Open Space Certifications and Covenants shall be included on all
   record plans:

   1. Undisturbed Natural Areas as Conservation Areas:

      a. All open space forest lands, old fields, meadows, wetlands, riparian areas,
         streams, ponds and any other natural area existing at the time of recordation
         and designated as open space shall be subject to a natural area deed restriction.

      b. Prior to land disturbance within any adjacent lots, these lands shall be posted
         with permanent metallic signs on 200 foot centers indicating “Conservation
         Area - The natural resources of this land are protected by deed restriction”.

      c. These lands shall be protected from any grass mowing, construction, land
         disturbance, dumping, filling, debris disposal, draining, shrub, tree or
         vegetation removal or harm, through an enforceable recorded deed restriction
         indicating the terms of this note, excepting, however, those operations
         necessary to initially construct a storm water management outfall.

      d. No disturbances or construction may occur beyond the limits of disturbance
         associated with the storm water management facility without the prior consent
         of Kent County Department of Planning Services.

      e. These areas shall be considered Nature Preserve Areas held in common by the
         Homeowner’s Association of __________________ Subdivision. These
         deed restrictions shall run forever with the land and may not be vacated by the
         Homeowner’s Association or Maintenance Corporation.”

   2. Active Recreation Open Space Areas:

      a. All Active Recreation Open Space Areas and designated bicycle and
         pedestrian trail areas through the subdivision, shall be maintained as
         sustainable healthy turf areas from 3 to 5 inches in height and in conformity
         with the attached Schedule A (Appendix B) to be made a part of the
         Maintenance Declaration.

      b. Trees, shrubs or other landscape elements may be planted by the
         Homeowner’s Association or maintenance corporation provided they are
         adequately maintained.
   c. Permanent active recreation amenities may be constructed within these areas
      provided they conform to public playground safety specifications and are
      maintained by the Homeowner’s Association or maintenance corporation.

   d. These provisions may not be waived or vacated by the Homeowner’s
      Association or Maintenance Corporation.”

3. Storm Water Management Areas

   a. The applicant is referred to any specific Record Plan notes required by the
      Kent Conservation District for design and perpetual maintenance of the storm
      water facilities within the subdivision.

   b. Specific vegetative maintenance language for your community’s Plan Notes
      will be provided, if such comments are relevant to the plan.

   c. The record plan shall include the following note:

                 “Within one year of initial construction of all Storm Water
                 Management facilities, wetland and landscape plantings shall be
                 installed and permanent metallic signage shall be placed at the
                 SWM detention area indicating: “Water Quality Management Area
                 - Do Not Mow”.

4. Open Space Landscaping Buffer Areas

   a. All required landscape buffers shall be planted prior to issuance of fifty
      percent (50%) by bonded phase of the Certificates of Occupancy and
      maintained by the Developer until all of the Certificates of Occupancy have
      been issued; provided, however, that no required landscape planting should be
      conducted between May 15 and September 1.

   b. Any landscape plan depicted on the Record Plan shall be maintained in
      perpetuity by the Homeowner’s Association or Maintenance Corporation.

   c. These deed restrictions shall run with the land and may not be vacated by the
      Homeowner’s Association or Maintenance Corporation”.

   d. The record plan shall include the following notes:

                         “Declarant hereby grants unto Kent County, its assigns and
              successors, the right, privilege and authority to enter upon said
              premises and inspect all the open spaces for conformity with the
              provisions of this Declaration and the Deed Restrictions at the expense
              of the Owners of said lots. In the event that Kent County determines
              that maintenance of the open spaces, as set forth above, is required, all
                  expenses of maintenance shall be collectible by Kent County in
                  accordance with procedures established by Kent County for that
                  purpose, or in the manner set forth above in relation to collection by
                  the Maintenance Corporation. Any lien for such expenses under the
                  provisions of this Declaration asserted by the County and filed with
                  the Recorder of Deeds, shall be a lien from the time of recording and
                  shall have priority in relation to other liens, either general or special,
                  including mortgages and other liens according to the time of recording
                  of such liens.”

                             “Declarant hereby grants to the Department of Natural
                  Resources and Environmental Control, Division of Soil and Water
                  Conservation Sediment and Storm Water Program or its delegated
                  agency, the right, privilege and authority to enter upon said premises
                  and inspect storm water management areas within storm water
                  management easements.         In the event that the delegated agency
                  determines that maintenance is required within said storm water
                  management areas, all expenses of maintenance shall be the
                  responsibility of the Maintenance Corporation or Home Owners
                  Association.”

I. Acquisition of any needed right-of-way and/or easement shall be the sole
   responsibility of the owner/developer.

' 187-27. Revisions to recorded subdivision plats

A. For rerecordation of previously subdivided and recorded major subdivision, minor
   subdivision, and strip subdivision plats, the mylar for the revised plat must be signed
   by all lot owners within the subdivision who are adjacent to or share a common
   boundary line with, the proposed change in addition to seventy-five percent (75%) of
   all lot owners within the entire subdivision. The adjacent property owners shall be
   included as a part of the required seventy-five percent (75%) of required signatures.

B. Prior to seeking approval of any rerecordation, the owner/developer shall give notice
   to all persons indicated by assessment records to be lot owners within the subdivision.
   The owner/developer shall provide proof of notification in the form of certified mail
   receipts for each lot owner to the Department of Planning Services prior to
   recordation of the revised plat.

C. The Director of Planning Services or designee may determine that a proposed change
   to a recorded subdivision plan is minor and does not warrant concurrence from all lot
   owners who are adjacent to or share a common boundary line with, the proposed
   change in addition to seventy-five percent (75%) of all lot owners within the entire
   subdivision.

D. The following are exempt from the re-recordation signature requirements:
   1. Administratively approved applications such as lot line adjustments where no
      additional lots are proposed; and
   2. Cases where utility easements are added to a subdivision plan.


                       ARTICLE VII, Administrative Approvals

It is the intent of the following subdivision regulations to reduce unnecessary burdens for
minor land subdivision and at the same time require appropriate land use review and
approval of any new or proposed road, subdivisions, or land development before they are
invested in recordation by Kent County. The following land use actions may be
approved administratively, unless otherwise determined by the Director of Planning
Services or designee.

§ 187-28. Minor Subdivisions

A minor subdivision is one that creates a total of five (5) or fewer parcels of land
(including any residual) either on an existing public roadway or on a private road and
may be approved administratively provided:

A. All separate parcels in existence on October 11, 1994 shall be considered original
   tracts.

B. Minor subdivisions shall be subject to the review process and procedures in Section
   187-32__ below.

C. Minor subdivision plans shall contain all information as required by Appendix C
   Administrative Plan Requirements at the end of this chapter.

§ 187-29. Minor Lot Line Adjustment

Minor lot line adjustments or the sale or exchange of part of a lot between owners of
adjacent lots for the purpose of small adjustments in boundaries may be approved
administratively provided:

A. The total area of the adjustment does not exceed ten percent (10%) of the combined
   area of the lots affected by the adjustment;

B. No additional lots are created;

C. The adjusted lot line is approximately parallel with the original lot line, when
   appropriate, or, if it is proposed to intersect with the original line, it does not
   significantly change the shape of the lots involved;
D. The owner submits a sketch plan for review and approval by the Planning Board
   staff. The sketch plan may be a copy of the existing record plan and must contain all
   of the information as required by Appendix C at the end of this chapter;

E. Approval of the sketch plan does not automatically transfer property. A separate deed
   must also be recorded to transfer the property being conveyed; and

F. The Director of Planning Services or designee may permit an increase in the
   percentage of the combined area of the lots affected by the lot line adjustment
   following a request for such with justification from the applicant.

§ 187-30. Consolidation of Lots

The consolidation of two (2) or more lots may be approved administratively provided:

A. Any conditions applicable to any applicable original subdivision remain in full force
   and effect; and

B. The owner submits a sketch plan for review and approval by the Planning Board
   staff. The sketch plan may be a copy of the existing record plan which must contain
   all information as required by Appendix C at the end of this chapter.


§ 187-31. Change in ownership, mortgage, or lease line

The creation of mortgage, or lease line within a commercial, industrial, or multi-family
residential lot does not require the approval of a new subdivision plan. At the owner’s
discretion, a plan depicting the creation or deletion of internal lots to reflect a new
mortgage or lease line may be recorded after administrative approval provided:

A. All prior conditions of approval for the original subdivision remain in full force and
   effect; and

B. Any necessary cross-easements, covenants, or other deed restrictions necessary to
   perpetuate previous approvals must be executed prior to recording the record plat.

C. The owner submits a sketch plan for review and approval by the Planning Board
   staff. The sketch plan may be a copy of the existing record plan which must contain
   all information as required by Appendix C at the end of this chapter.


§ 187-32. Process and Procedures

A. The application must be submitted by the legal owner of the subject property, or a
   representative authorized by the legal owner, to the Department of Planning Services,
   Division of Planning, and must consist of the following:
1. One (1) paper print of the subdivision plan and any attachments including the
   approved checklist. Additional copies may be requested by the Planning Staff to
   be forwarded to additional reviewing agencies;

2. A review fee, which shall be set from time to time by ordinance of the Levy
   Court. The current fee schedule is on file in the Levy Court Administration
   offices;

3. In the case of a minor subdivision, for each proposed lot not served by public
   sewer, a site evaluation report approved by the Delaware Department of Natural
   Resources and Environmental Control containing a plot drawing on a project plan
   or an approved septic system permit for each lot;

4. Parcels created that do not meet the minimum requirements for building lots must
   be incorporated into an adjacent property. Such incorporation must be indicated
   on the plan and the following note shall be added to the plan:

       “The approval of this subdivision plan does not constitute a separate building
       lot but is intended to be combined with an adjacent property”;

5. No landlocked parcels or parcels not meeting the requirements for a buildable lot
   according to Chapter 205, Zoning may be created without designation of
   conveyance to another parcel. A deed for the conveyance must be submitted with
   the record plan and recorded simultaneously with the plan;

6. Agencies outside of the Planning Services Department will be afforded the
   opportunity to comment on any administrative application and such comments
   may be added as conditions onto the approval of applications. Upon receipt of an
   administrative application, the Planning Staff shall forward a copy of the plan to
   any additional reviewing agencies with a request for comment. There shall be a
   thirty (30) day reviewing period for administrative applications. Additional
   reviewing agencies may include, but are not limited to the following:

   a. Kent Conservation District.

   b. Kent County Department of Public Works

   c. Delaware Department of Transportation

   d. Delaware Department of Natural Resources and Environmental Control;

7. A set of deed restrictions and/or perpetual maintenance agreement that clarify and
   control the operation and maintenance of any private facilities (private streets,
   access easements, etc.); and
   8. Any additional information that the Department of Planning Services, Division of
      Planning, deems pertinent to this subdivision plan.

B. The Director of Planning Services or designee may waive any requirement that is not
   applicable to the application. The applicant shall make any request to waive a
   submission requirement in writing and submit it with the application.

C. If the subdivision plan is approved by the Department of Planning Services, Division
   of Planning, the plan will be signed by the Director of Planning Services or designee
   and returned to the applicant for recordation. One (1) copy of the approved plan will
   be kept on file in the Department of Planning Services.

D. A final record plat must be submitted to Planning Board staff within ninety (90) days
   after sketch plan approval or the sketch plan is no longer valid.

E. The Recorder of Deeds shall record no subdivision within the unincorporated area of
   the County unless the Kent County Department of Planning Services, Division of
   Planning, has approved it as provided herein.

F. If the Director of Planning Services or designee does not approve the subdivision, the
   Director or designee shall furnish the applicant with a written statement of
   explanation.

G. Transactions involving acquisitions of public rights-of-way pursuant to 17 Del. C. '
   137 and all land acquired by the exercise of the power of eminent domain or by
   voluntary agreement in lieu of the exercise of the power of eminent domain are
   exempt from the provisions of this article.


                          ARTICLE VIII, Land Development

The procedure for approval of site plans that do not require a major subdivision for
multifamily dwellings, townhouses, manufactured home parks, hotels, motels, business,
commercial buildings, industrial buildings, or conditional uses requiring site plans shall
be as follows:

§187-33. Preliminary conference

   A. Before undertaking the preparation of a land development plan, the
      landowner/developer shall attend a pre-application meeting with the Kent County
      Department of Planning Services (Planning Department) staff to ascertain the
      location of proposed improvements and to determine the zoning regulations and
      other requirements relating to or affecting the proposed land development. Other
      county divisions such as Parks, Inspections and Enforcement, and Engineering
      may be included in the pre-application meeting.
   B. The landowner/developer is encouraged to also consult with the Kent County
      Public Works Director, the Kent Conservation District, the Delaware Department
      of Transportation (DelDOT), and the Delaware Department of Natural Resources
      and Environmental Control (DNREC) on matters related to proposed facilities for
      sanitary sewage disposal, storm drainage and water supply intended to serve the
      proposed land development.

   C. The purpose of these consultations is to assist the landowner/developer by
      furnishing information and advice, in order to expedite matters for the
      landowner/developer, save the landowner/developer unnecessary expense and
      promote the best coordination between the plans of the landowner/developer and
      those of the county and other public agencies.

   D. The preliminary application resulting from the preliminary conference must be
      submitted within six (6) months of the conference. If the preliminary plan is not
      submitted within six (6) months, another preliminary conference is required and
      the proposal will be subject to all current regulations.

§ 187-34. Sketch plan submission.

   A. The landowner/developer shall provide a sketch of the property in question
      showing the proposed scheme for development of the property and other
      significant information to the Planning Staff at the preliminary conference. The
      sketch plan must be submitted to the Planning staff at least five (5) days prior to
      the preliminary conference.

   B. The sketch plan shall include all information as required by Appendix D, Land
      Development Plan Requirements at the end of this chapter.

   C. The Planning staff review shall take into consideration the requirements of this
      chapter, Chapter 205, Zoning, and the Comprehensive Plan and shall pay
      particular attention to the following:

          1. The arrangement, location and width of streets and their relation to the
             topography of the site;
          2. The arrangement, size and location of lots and proposed structures, as
             appropriate;
          3. Drainage;
          4. Sewage disposal and water supply;
          5. The relation of the land development to the natural features of the site;
          6. The potential further development of adjoining lands which may not yet
             be developed;
          7. The compatibility of the sketch plan with the Comprehensive Plan; and
          8. The requirements set forth in Section 187-34.B above pertaining to the
             sketch plan submission.
§ 187-35. Sketch plan submission to the Regional Planning Commission.

A. A landowner or developer may submit a sketch plan for any proposed land
   development to the Regional Planning Commission (RPC) for review. A submission
   to the RPC is encouraged, but not required.

B. The submission of a sketch plan does not constitute submission of an application for
   approval of a land development. However, it does represent a basis for an informal
   discussion between the Commission and the landowner or developer, which may
   prove to be valuable to the prospective applicant in formulating plans, documents,
   and other submissions for preliminary plan approval. In the event that a landowner or
   developer submits a sketch plan, the following shall apply:

   1. The applicant shall submit the required fees, a sketch plan checklist, an electronic
      copy of the plan, and 10 copies of the sketch plan to the Department of Planning
      Services at least 30 days prior to the Commission meeting at which the plan may
      be reviewed.

   2. In addition to furnishing copies of the sketch plan, the landowner or developer
      shall identify the name, address, and telephone number of the holder of legal title
      to the land involved, the nature of the landowner's interest in the land (whether
      holder of legal or equitable title or otherwise), and the name, address, and
      telephone number of the agent, if any. The applicant shall provide such
      information in writing.

   3. The RPC shall review the sketch plan, and the Planning Director or designee shall
      indicate any and all review comments pertaining to the plan to the applicant by
      written correspondence per the standards of the RPC.

   4. The RPC’s review shall take into consideration the requirements of this chapter,
      Chapter 205, Zoning, and the Comprehensive Plan and shall pay particular
      attention to the items listed in Section 187-34.C above.

C. Neither the RPC nor the applicant shall be bound by the sketch plan however, the
   subsequent preliminary plan must conform to the sketch plan in concept and
   substance

§ 187-36. Submission of preliminary plan.

   A. After the preliminary conference with the staff, the landowner/developer shall
      prepare a preliminary plan of the proposed land development conforming to the
      requirements for the preparation of such plat as set forth in Appendix D.
      Deadlines for submission of applications shall be established annually by the
      Planning Department and in general shall be sixty (60) days prior to the meeting
      of the Regional Planning Commission.
B. The Regional Planning Commission or its staff may establish additional
   requirements for preliminary site plans and, in special cases, may waive a
   particular requirement if, in its opinion, the inclusion of that requirement is not
   essential to a proper decision on the project. If an applicant wishes that a
   requirement be waived, such request shall be made to the Planning Commission
   or its staff in writing.

C. The applicant shall submit the following to the Planning Staff:

       1) A completed application form;

       2) Completed checklist;

       3) Thirty-five (35) copies of the preliminary plan or such number of copies as
          determined by the Planning staff.;

       4) One (1) electronic copy on compact disc or one (1) mylar of a preliminary
          site plan;

       5) Appropriate filing fee in accordance with adopted fee schedule; and

       6) Any other supporting information that the Director of Planning Services or
          designee and/or applicant deem pertinent to the application.

D. Following are the general requirements for site plan submission:

       1) Must be prepared by a Delaware registered land surveyor, architect,
          landscape architect or engineer (adherence to design discipline registration
          shall be observed) ;

       2) Must be prepared in accordance with the appropriate checklist

E. The Planning Department staff shall review the preliminary plan to determine
   compliance with pertinent features of this chapter, the Comprehensive Plan of the
   County, and Chapter 205, Zoning. Applications determined to be incomplete by
   the Director or designee shall be returned to the applicant. The staff shall also
   refer the preliminary plan to the State Office of Planning Coordination and the
   Commission's Development Advisory Committee (DAC) for comment and
   recommendation.

F. Planning Department Staff and members of the Development Advisory
   Committee will meet with the applicant and/or project engineer, surveyor, or
   architect to review and comment on the technical aspects of the site plan. The
   Planning Staff will summarize the results of this discussion in a report. The
       Planning Staff will then send this report to the Regional Planning Commission,
       the applicant, and project engineer.


§ 187-37. Planning Commission review of proposed development permitted by right.

   A. During its monthly Business Meeting, the Regional Planning Commission shall
      examine the proposed development with respect to the following:

           1) Internal and external traffic and circulation patterns;
           2) relation to major thoroughfares;
           3) utilities;
           4) drainage;
           5) existing or proposed community facilities;
           6) existing or future surrounding development;
           7) protection of water quality, both ground and surface, existing or future;
           8) consideration of topography and the natural environment;
           9) the preservation of trees or historic sites;
           10) provisions for open space; and
           11) the general objective of ensuring a durable, harmonious and appropriate
               use of the land in accordance with the objectives of the Comprehensive
               Plan.

   B. Within ten (10) days following the Business meeting at which the preliminary
      plan was approved, approved subject to conditions or disapproved, a report
      reflecting any comments of the Regional Planning Commission, shall be provided
      to the landowner or developer. Any conditions placed on the approval or the
      grounds of disapproval of any plat shall be stated upon the records of the
      Commission and shall be included in the report provided to the landowner or
      developer.

§ 187-38. Review of conditional use site plans.

   Public hearings shall be held by the Regional Planning Commission and Levy Court
   for preliminary conditional use site plans in accordance with Chapter 205, Zoning,
   and the following procedure:

A. Conditional use site plans shall follow the same initial review process as outlined in §
   187-33 through § 187-36 above, except that forty-five (45) copies and one (1) mylar
   or one (1) electronic copy must be submitted.

B. The Regional Planning Commission shall then hold a public hearing thereon, before
   submitting its report to the Levy Court. The Planning staff shall provide notice of
   public hearings before the Planning Commission including the date, time, place and
   nature of the hearing at least fifteen (15) days before the date of the hearing in a
   newspaper of general circulation in the County. In addition, Planning Staff will also
   post a notice outlining the date, time, place, and nature of the hearing in a
   conspicuous location on the property. The published and posted notices shall contain
   reference to the time and place or places within the County where the text, maps, and
   plans for the proposed use may be examined.

C. The Regional Planning Commission shall review the site plan for compliance with the
   requirements of this chapter, Chapter 205, Zoning, and the Comprehensive Plan. The
   Regional Planning Commission may establish reasonable additional requirements in
   conjunction with the site plan approval to protect adjoining uses, including, but not
   limited to, those which may be imposed by the Levy Court under this article. These
   requirements may include measures related to:

   1. Utilities;
   2. Drainage; landscaping and maintenance thereof;
   3. Lighting;
   4. Signs and advertising devices;
   5. Screening;
   6. Accessways;
   7. Curb cuts;
   8. Traffic control;
   9. Height and setback of buildings;
   10. The length of time for which the conditional use can be granted; and
   11. The amount of space (e.g., square footage) that can be approved for the
       conditional use.

D. Following a recommendation by the Regional Planning Commission, the site plan
   shall be forwarded to the Levy Court, with the appropriate documentation from the
   Planning Staff, the Development Advisory Committee and the Regional Planning
   Commission for their review and approval.

E. Before approving any proposed conditional use site plan, the Levy Court shall hold a
   public hearing thereon, notice of said hearing to be accomplished by publication in a
   newspaper as prescribed above in Subsection 187-38.A.

F. The Levy Court may attach additional conditions in the approval of any conditional
   use site plan as deemed necessary to protect the health, safety, and general welfare of
   the citizens of Kent County. Such conditions may include, but are not limited to:

   1.   No outside signs or advertising structures except professional or directional signs.
   2.   Limitation of signs as to size, type, color, location or illumination.
   3.   Amount, direction and location of outdoor lighting .
   4.   Amount and location of off-street parking and loading space.
   5.   Cleaning or painting.
   6.   Construction and materials.
   7.   Connected with or disconnected from other buildings.
   8.   Exits or entrances, doors and windows.
   9. Paving, shrubbery, landscaping or ornamental or screening fences, walls or
       hedges.
   10. Time of day or night for operation.
   11. No structural changes.
   12. Control or elimination of smoke, dust, gas, noise or vibration caused by
       machinery.
   13. Requirements for termination of a use based on lapse of time or such other
       conditions as the Levy Court may specify.
   14. Number of vehicles.
   15. Numbers and types of products.
   16. Limitation of expansions.
   17. Such other conditions as are necessary.

§ 187-39. Final plan approval

A. Preliminary approval of a site plan (by right or conditional use)shall be valid for a
   period of eighteen (18) months following approval or conditional approval.

B. Within eighteen (18) months following preliminary approval by the Levy Court for
   conditional use site plans and preliminary approval by the Regional Planning
   Commission for site plans permitted by right, a final site plan in the form of a final
   plat shall be approved by the Director of Planning Services or designee. Such site
   plan shall comply with the specifications of the Levy Court or Regional Planning
   Commission as appropriate and the requirements of this chapter and Chapter 205,
   Zoning. Such approved plans shall be kept on file in the Department of Planning
   Services.

C. Kent County shall issue permits in accordance with the approved and filed plan.
   Application for building permits must be made within eighteen (18) months of the
   final approval of a site plan. If no application for building permits is received by the
   Department of Planning Services within eighteen (18) months, the plan shall be
   considered invalid and a new application process will be required.


§ 187-40. Amendments and additions to site plans.

   A. For minor changes or alterations to approved site plans (conditional use and by
      right), formal site plan review by the Regional Planning Commission and/or Levy
      Court may be waived at the discretion of the Planning Services Director or
      designee for conforming uses which have previously received formal site plan
      approval and which are applying to expand their gross floor area by less than
      twenty percent (20%) of the existing gross floor area up to 50,000 square feet
      provided that such changes or amendments:

           1) Do not negatively affect the original conditions for approval;
           2) Involve no changes in use;
           3) Do not conflict with the specific requirements of this chapter or Chapter
              205, Zoning;
           4) Do not change the general character or content of an approved
              development plan or use;
           5) Has no appreciable effect on adjoining or surrounding property;
           6) Do not result in any substantial change of major external access points;
           7) Do not increase the approved number of dwelling units or height of
              buildings;
           8) Do not decrease the minimum specified yards and open spaces or
              minimum or maximum parking and loading spaces; or
           9) Do not have adverse effects on traffic operations.

   B. The Planning Services Director or designee may determine that the administrative
      changes outlined in Section 187-40.A above must also be reviewed and approved
      by any applicable DAC agencies.

   C. Site plan revisions which do not meet the criteria outlined in subsection A above
      shall be subject to the same application and review process enumerated in
      Sections 187-33 through 187-39 above.

§ 187-41. Completion Bond

If required by the Levy Court or Regional Planning Commission, a surety bond shall be
filed for or deposited in escrow with the County or a letter of credit issued in a sum
sufficient to insure completion of requirements such as buffers or landscaping imposed
by the Levy Court or Regional Planning Commission. Such surety bond or letter of
credit shall be required prior to issuance of a certificate of occupancy.

§ 187-42 Exemptions

The following shall be exempt from the provisions for site plan review:

   A. Structures of less than five thousand square feet (5,000 sq. ft.) will be excluded
      from the formal site plan review requirement. Such plans may be approved
      administratively at the discretion of the Director of Planning Services or designee.

   B. If all equipment or all structures housing equipment needed for the operation of a
      collocating broadcasting or telecommunications tower or antenna can be sited
      entirely within an existing compound, the compound being delineated either on a
      recorded site plan or by use, then the addition of that equipment and/or structures
      will be exempt from any site plan requirement to provide a new site plan or revise
      a recorded site plan.

§ 187-43. Revocation of permits.
Permits issued under an approved site plan may be revoked by the County for failure to
comply with the approved plan, the conditions attached thereto, or other applicable
regulations. If specified conditions are met in revised plans, the Planning Director or
designee may approve issuance of building permits accordingly, if, in his/her opinion,
such changes do not substantially affect the original approved plan or conditions attached
thereto.

§ 187-44. Variation from approved plans prohibited.

If a building permit is issued on the basis of plans and applications that have been
considered and approved by the planning office, the Regional Planning Commission, the
County Board of Adjustment, or the Levy Court, the permit authorizes only the use,
arrangement, and construction set forth in the plans and applications and any site related
variation from the plans or applications violates this chapter.

§ 187-45. Construal of provisions.

Nothing in this article shall be interpreted to permit a grant of variance or exception to the
regulations of this chapter or to abridge the procedures or requirements of the laws and
ordinances governing zoning or the subdivision of land.

187-46. Fees

Fees for the review of any site plan, conditional use site plan, or revision to any site plan
may be established by the Levy Court.

     ARTICLE IX, Manufactured Housing Subdivision and Land Development

' 187-47. General provisions.

Both subdivisions and land developments involving manufactured housing shall fall
under the standard procedure and regulations of this Chapter and Chapter 205, Zoning
except as specifically set out herein.

' 187-48. Manufactured Housing Subdivision

   1. Each lot in a manufactured home subdivision shall have:
         (1)      A front building line at least 25 feet from and parallel to any interior
                  private subdivision street or right-of-way of any public interior
                  subdivision street.
         (2)      Side and rear yards at least 10 feet wide, except that a corner lot shall
                  have a side lot line of 25 feet from and parallel to the side interior
                  subdivision street line or right-of-way of any public interior street.
         (3)      For waterfront lots a building line at least 100 feet from and parallel to
                  the water lot line or mean high-water line, whichever is closer.
B. Each manufactured home subdivision shall have at least 50 feet of frontage along a
   state or county road.
C. Public Streets shall be required within a manufactured home subdivision regardless of
   the minimum lot size average.
           (1)     All entrances to the subdivision from a public street shall be designed
                   and constructed in accordance with standards established by the State
                   Division of Highways. An approved entrance permit from the Division
                   of Highways shall be required prior to the final plat approval of the
                   plan.
D. Unit isolation distance. No residential unit within a manufactured home subdivision
   shall be located closer than 20 feet to another residential unit.

§ 187-49. Manufactured home parks

A. The minimum area for any manufactured home park constructed after the effective
   date of this chapter shall be five acres.
B. Each manufactured home park shall have a minimum of 100 feet of road frontage
   along a state or county road.
C. The following site design requirements shall be required of every manufactured home
   park constructed after the effective date of this chapter:
       a. All manufactured dwelling units shall be sited with regard to the topography,
           soils and natural features of the parcel.
       b. All manufactured dwelling units shall be sited to promote privacy and ensure
           natural light for all principal rooms.
       c. No manufactured dwelling unit or other structures shall be located less than 50
           feet from the property lines of the project and a buffer yard of 20 feet in width
           shall be provided along all property lines at the periphery of the project. The
           buffer yard shall include a visual screen with a minimum height of six feet.
           Such screening may consist of evergreen and/or deciduous vegetation,
           louvered wall or fence.
       d. No manufactured dwelling unit shall be situated so that it is located closer
           than 20 feet from any other adjacent structure or dwelling unit.
       e. No manufactured dwelling unit shall take direct access from any state or
           county road. Individual dwelling access shall be limited to interior streets or
           parking compounds.
       f. All interior private streets shall be constructed to a minimum width as follows:
           (1)     Main entrance drives and major streets shall be at least 36 feet in
                   width.
           (2)     Minor streets shall be at least 22 feet in width.
       g. All streets shall be paved with a weatherproof bituminous pavement approved
           by the office of the Kent County Department of Public Works.
       h. Convenient access from a street or parking compound shall be provided to
           each manufactured dwelling unit site by means of an accessway of a minimum
           width of 12 feet, reserved for maneuvering the manufactured dwelling into
           position and kept free of trees and other immovable obstructions. The
           accessway shall be of extra width as necessary for maneuvering a
          manufactured dwelling unit on a curve, and as required for newer
          manufactured dwelling units.
      i. A paved on-site walkway of a minimum width of three feet shall be provided
          to each manufactured dwelling unit from a street or parking compound. Such
          walkways may be combined with parking space requirements of Chapter 205,
          Zoning in Article XVII, Parking, where such parking space is on the
          manufactured home site, in which case, the area of paved parking space shall
          be increased commensurately.
      j. Appropriate outdoor living space, surfaced with weather-resistant material, of
          a minimum area of 150 square feet, shall be provided adjacent to the
          manufactured dwelling unit except where its equivalent is provided by
          manufactured home models.
D. Within a manufactured home park the following accessory structures and uses are
   permitted:
      a. Management office.
      b. Community buildings and facilities.
      c. Recreational facilities.
      d. Coin-operated laundry facilities.
      e. Other uses and structures customarily incidental to operation of a
          manufactured home park.
      f. Manufactured home sales, provided that:
          (1)     The sales area should not exceed 10% of the total area of the park or
                  two acres, whichever is smaller.
          (2)     Storage of manufactured homes shall be limited to model units and
                  units for sale.
          (3)     The sales and storage area shall be separated from the remainder of the
                  park by a continuous visual screen with minimum height of eight feet.
          (4)     Principal access to the sales and storage area shall not be from an
                  interior drive or street.
          (5)     The sales area shall be provided with adequate off-street parking (10
                  spaces minimum).


                        ARTICLE X, Required Improvements

' 187-50. General provisions.

The subdivider shall be required to provide and install certain minimum improvements in
the subdivision as a condition for approval of the record plat by the Commission. All
such required improvements shall be constructed in accordance with the minimum
requirements of these regulations and the construction standards and specifications
adopted by the appropriate county or state agency or such other governmental agency or
private utility as may have jurisdiction over a particular improvement. Nothing contained
herein, however, shall be construed as prohibiting the subdivider from installing
improvements meeting higher standards than the minimum requirements. Unless
otherwise specified, the following requirements shall apply to both minor and major
subdivisions.

' 187-51. Minimum requirements.

The minimum requirements for the installation of improvements in subdivisions shall be
as follows:

A. Streets.

   1. 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.

   2. The roadbed and roadway wearing surface shall be constructed in accordance
      with applicable state regulations. Curbs and gutters shall be provided in all
      subdivisions where the average lot area is less than one third(1/3) acre.
      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.

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

   4. Private streets shall be permitted in accordance with the provisions of this chapter
      provided that an approved maintenance organization is created that shall be
      responsible for the maintenance of the private streets. Public use of private streets
      shall be required. All new private streets shall be constructed in accordance with
      the following minimum standards:

       a. Eighteen foot (18’) road width;
       b. One quarter inch (1/4”) per foot cross slope;
       c. One-half foot (1/2’) in one hundred feet (100’) of longitudinal slope;
       d. Structural number of 1.40 for good soil classification and 2.40 for poor soil
          classification as per the American Association of State Highway and
          Transportation Officials (AASHTO);
       e. Minimum two inch (2”) asphalt paving surface course;
       f. Adequate drainage conveyance via class III concrete pipes or equivalent of a
          minimum twelve inches (12”) in diameter; and
       g. Longitudinal drainage swales with maximum side slopes of 3:1 and a
          maximum depth of two feet (2’) below crown of road.

B. Surface drainage facilities and erosion and sedimentation control.
   1. The subdivision shall be provided with such storm drains, culverts, drainageways,
      or other works as are necessary to collect and manage surface and concentrated
      storm water originating on or flowing across the subdivision, in order to prevent
      inundation and damage to streets, lots, and buildings.

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

   3. 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.

   4. All drainage and stormwater management facilities not maintained by DelDOT
      shall be maintained by an approved maintenance organization.

C. Water supply facilities

   1. 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.

   2. 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.

   3. Individual on site wells must be permitted and installed in accordance with
      DNREC requirements.

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

TABLE X-1 Water Supply Facilities
  Subdivision      1 to 10 lots                 11 to 50 lots            51 or more lots
 Outside of        On-site wells permitted.     Central water system     Central water system
 growth zone.                                   without fire             with fire protection.
                                                protection.
 Outside of      On-site wells; 1 DU per 2      On-site wells; 1 DU      On-site wells; 1 DU
 growth zone and acres with a +/- 25%           per 4 acres with a +/-   per 5 acres with a +/-
 low density     variation in lot size.         25% variation in lot     25% variation in lot
                                                size.                    size.
 Inside of growth On-site well until central   Central water system    Central water system
 zone.            water is available.          without fire            with fire protection.
                                               protection.
 DU = Dwelling Unit


D. Sanitary sewerage facilities.

   1. Subdivisions requiring county or community sewer shall be provided with a
      sanitary sewer collection system connected to the county or a municipal system or
      to an adequate community sewage disposal plant meeting the requirements of
      DNREC and the Kent County Public Works Department.

   2. If connected to the county or a municipal system, sewers shall be constructed to
      meet the standards and requirements of the Kent County Code Chapter 180 or
      said municipal system.

   3. Community systems must arrange for ownership and operation in accordance with
      the Kent County Code Chapter 180 or DNREC rules and regulations.

   4. Private on site sewage disposal systems permitted as per Table X-2 below must
      meet the requirements of DNREC set forth for said disposal systems.

   5. Subdivisions located within a drainage basin for which a Nitrogen or Phosphorus
      Total Maximum Daily Load (TMDL) has been promulgated, must provide a
      nutrient removal component for waste water disposal regardless of the type of
      waste water treatment process selected or installed. All Community Spray
      Irrigation Systems shall meet the Advanced Treatment requirements for
      Unlimited Access with Zero Buffers, as amended by the Delaware Department of
      Natural Resources and Environmental Control.

   6. Subdivisions utilizing on-site sewage disposal must submit a system master plan
      with individual DNREC approved site evaluations for each lot. This document
      shall demonstrate the feasibility of providing an on-site wastewater disposal
      system on each lot and include the type of system and acceptable area for the
      system. Said master plan shall be submitted prior to recordation and must be
      recorded in conjunction with the record plan.

   7. Sanitary sewerage facilities shall be dedicated to public use immediately after
      receiving final acceptance by the utility.

   8. Community systems must be designed and installed in accordance with DNREC
      regulations.
    9. Sanitary sewerage facilities for both minor and major subdivisions shall be
       required according to Table X-2 below.


TABLE X-2. Sanitary Sewer Requirements
 Subdivision            1 to 10 lotsⁿ           11 to 25 lots        26 to 50 lots           51 or more lots
Outside of              On-site septic or       On-site septic       Community               Community
growth zone.            public sewer            with dry sewer       system with             system with
                                                system to central    subsurface              spray irrigation
                                                point with pump      disposal; or            disposal, rapid
                                                station site         County sewer; ^         infiltration beds,
                                                dedication or                                deep well
                                                County sewer.^                               injection, drip
                                                Septics must be                              irrigation or
                                                disconnected                                 other DNREC
                                                when pump                                    approved system
                                                station or public                            or County
                                                sewer is                                     sewer.^
                                                available
Outside of       On-site septic; 1              On-site septic; 1    On-site septic; 1       On-site septic; 1
growth zone and DU per 2 acres                  DU per 3 acres       DU per 4 acres          DU per 5 acres
low density *** with a +/- 25%                  with a +/- 25%       with a +/- 25%          with a +/- 25%
                 variation in lot               variation in lot     variation in lot        variation in lot
                 size                           size                 size                    size
Inside of growth Dry sewer               Community                   Community               Community
zone.            system along            system with                 system with             system with
                        strip lots.      subsurface                  spray irrigation        spray irrigation
                        Temporary on-    disposal or                 disposal, rapid         disposal, rapid
                        site septic      County sewer                infiltration beds,      infiltration beds,
                        system permitted service at the              deep well               deep well
                        until central or County’s                    injection, drip         injection, drip
                        public sewer is  discretion.*                irrigation or           irrigation or
                        available                                    other DNREC             other DNREC
                                                                     approved system         approved system
                                                                     or County sewer         or County sewer
                                                                     service at the          service at the
                                                                     County’s                County’s
                                                                     discretion. *+          discretion. *+
*    County Maintenance can be requested through sewer district extension, or creation.

+ Central sewer service design must include exterior lots previously subdivided out of said parcel.

^ Public sewer if legally and technically available.
 ⁿ Exempt from master plan requirement of Section 187-__ D.6 above.
 DU = Dwelling Unit


E. Underground utilities.

   1. 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.

   2. All utility easements required for the subdivision shall be shown on the record
      plan and identified as to which utility is served by the easement. All utility
      companies shall be contacted 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. If a service
      will not be provided, letters shall be provided to the Kent County Planning Office
      from the utility company stating that said utility does not require easements.

   3. 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.

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

F. Reference monuments.

   1. Monuments of ferrous metal pipe, one half of an inch (1/2”) in diameter and at
      least eighteen inches (18”) in length, shall be set in place by the developer flush
      with proposed surface grade at all points on the subdivision boundary lines,
      excluding natural bodies of water, where there is a change in direction or
      curvature and at all lot corners for the subdivision boundary.

   2. A minimum of two (2) 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.

   3. The developer shall provide certification that all required monuments have been
      set prior to acceptance of the streets by DelDOT.
G. Street names.

   1. All new public streets shall be named.

   2. Private streets serving three (3) or more lots must be named.

   3. Private streets serving fewer than three (3) lots may be named.

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

   5. All new names shall be submitted to the Commission's staff for approval. The
      subdivider 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.

H. Streetlights and Trash Districts.

   1. Streetlights shall be installed in major subdivisions with fifty-one (51) or more
      lots and street light districts shall be created in accordance with the requirements
      of the Department of Public Works unless specifically not required by the
      Regional Planning Commission. Street light districts may also be created in
      subdivisions of less than fifty-one (51) lots in accordance with the requirements of
      the Department of Public Works and approval by the Regional Planning
      Commission.

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

   3. 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.

   4. 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 Regional Planning Commission.


§ 187-52. Plans, profiles , and specifications.
Plans, profiles, and specifications for the required improvements shall be prepared by the
subdivider and submitted for approval by the appropriate public authorities prior to
construction. The plans and profiles to be submitted for all new roads shall include, but
not be limited to the following:

A. Typical cross sections of proposed streets.

B. Plans and profiles of proposed sanitary sewers and storm drains, with proposed
   grades and pipe sizes indicated.

C. Plans of proposed site grading including cross sections of any proposed berms.

D. Plans and profiles of the proposed water distribution system, showing pipe sizes and
   the locations of all valves and fire hydrants. Information regarding the typical
   installation depth of the water main and the non-typical water main depth at all utility
   crossings shall be provided on the plans.

§ 187-53. Completion Bond

If required by the County, a surety bond shall be filed for, or deposited in escrow with the
County in a sum sufficient to insure completion of any required improvements including
but not limited to streets, sewer infrastructure, and buffer plantings or any additional
requirements imposed by the Levy Court. Said bonds shall be filed with the Department
of Planning Services prior to the issuance of Certificates of Occupancy. Upon
completion of each improvement, the subdivider shall furnish the appropriate official
and/or agency with as-built drawings.


                 ARTICLE XI, Design Requirements and Standards


                     ARTICLE XI, Design Criteria and Standards

' 187-54. General requirements.

   A. The subdivision and/or land development plans shall conform in all essential
      respects to the adopted Delaware Department of Transportation (DelDOT)
      Functional Classification Map and other aspects of the adopted Comprehensive
      Plan for the county.

   B. The subdivision and/or land development layout shall reflect full compliance with
      the provisions of the zoning district(s) in which it is located and the provisions of
      Chapter 205, Zoning.

   C. The subdivision and/or land development plans shall be designed in accordance
      with the design requirements and standards contained in this chapter, with the
       objective of achieving the most advantageous efficient use of land resources and
       yielding high quality living environments. development of the subdivision and
       adjoining areas.

' 187-55. Suitability of land.

A. Developers are encouraged to not subdivide any lands located within the 100-year
   floodplain, but rather conserve such land as open space.

B. Land located within the 100-year floodplain as shown on official Federal Emergency
   Management Agency maps shall not be developed for residential occupancy nor for
   any other use which might involve dangers to health, life, or property or aggravate the
   flood hazard, and such land within any proposed subdivision and/or land development
   shall be reserved for uses which will not be endangered by periodic or occasional
   inundation.

C. In all subdivisions, both residential and commercial, where land within the 100-year
   flood plain is subdivided for individual ownership, sufficient buildable area within a
   lot must be provided outside of the flood plain to permit construction which does not
   impact the floodplain and accommodates any required setbacks from natural areas.
D. The floodplain boundary shall be shown on all recorded plans as delineated on the
   Federal Emergency Management Agency's Flood Insurance Rate Maps (FIRM).
   Where no floodplain areas exist on the site, a note shall be placed on the plan to this
   effect. If there is a discrepancy between the FIRM and a hydrology study of the site,
   then the FIRM must be revised before final approval of the plan.

E. Subdivisions or land developments which are adjacent to or are traversed by a major
   drainageway must include in the submission of a preliminary plan the necessary
   floodplain studies in order to determine that the subdivision will not involve danger to
   health, life, or property.

F. A plat for the subdivision or land development of land with poor drainage or other
   adverse physical conditions will be considered for approval only if the subdivider
   shall agree, in writing, to make whatever improvements are necessary, in the
   judgment of the Commission, to render the land safe and otherwise acceptable for
   development.

' 187-56. Street layout.


A. The street layout shall be designed to create desirable building sites while respecting
   existing topography, minimizing street grades, avoiding excessive cuts and fills,
   preserving trees to the optimum extent, and avoiding environmentally sensitive areas.
   All streets shall adhere to the requirements of the Delaware Department of
   Transportation’s Subdivision Street Design Standards and/or Mobility Friendly
   Design Standards as applicable.
B. Where the subdivision adjoins or embraces any part of an arterial roadway as
   designated on the DelDOT Functional Classification Map, the layout of such
   subdivision shall provide for the platting and dedication of such part of the arterial
   roadway in the location and at the width indicated on such plan, except that the
   subdivider shall not be required to dedicate that part of such arterial roadway which is
   in excess of 80 feet in width (40 feet from the center line on either side of the
   right-of-way). He/she may, however, be required to reserve any excess over 80 feet
   for future acquisition by the State Department of Transportation.

C. Residential streets, intended primarily for access to individual properties, shall be so
   arranged as to discourage their use by through traffic.

D. Streets shall be laid out to intersect one another at as near right angles as topography
   and the limiting factors of good design will permit, and no street shall intersect
   another street at an angle of less than 70 degrees for a minor street or 80 degrees for
   an arterial roadway.

E. Arterial Roadways

   1. When a the residential subdivision abuts or contains an arterial roadway as
      designated on the DelDOT’s Functional Classification Map, the Commission may
      require that measures be taken to reduce the impact of heavy traffic on the
      residential lots abutting or fronting upon such arterial roadway and to provide a
      separation of through and local traffic by one of the following means:

       a. By providing vehicular access to such lots by means of a service drive
          separated from the major arterial roadway by a planting strip at least 30 feet in
          width and connecting therewith at infrequent intervals; or

       b. By designing reverse-frontage lots having access only from a parallel minor
          street or from cul-de-sac or loop streets and with vehicular access to such lots
          from the arterial roadway prohibited by deed restrictions or other means; or

       c. By requiring a minimum front yard setback of 50 Feet from the right-of-way
          of the arterial roadway.

   2. The Commission reserves the right to select the most appropriate method of
      accomplishing a separation from the arterial roadway to minimize negative
      impact, giving consideration to site topography and other physical conditions, the
      character of existing and contemplated development, its surroundings, and other
      pertinent factors.

F. Access.
   1. It is Kent County’s goal to provide alternative routes within as well as linkages
      between and among subdivisions and land developments in an effort to increase
       connectivity and decrease traffic congestion for residents, public service vehicles
       such as sanitation and school buses, and emergency vehicles.

   2. Table XI-1 below describes the access and connectivity requirements for both
      minor and major subdivisions. The term connected routes within the table refers
      to internal subdivision streets which are circuitous rather than dead ends or cul-
      de-sacs.

TABLE XI-1
 Requirements         1 to 5 lots          6 to 25 lots      26 to 50 lots      51 or more lots
 Access               Interior access if   Interior access   Interior access    Interior access
                      the interior is      only.             only.              only.
                      developed.
                                                             Minimum 35%        Minimum 50%
                                          Minimum            of lots fronting   of lots fronting
                      Driveway design
                                          25% of lots        on connected       on connected
                      to allow
                                          fronting on        routes.            routes.
                      potential future
                                          connected
                      connection to
                      interior street per routes.                               Second entrance
                      DelDOT                                                    required when
                      requirements for                                          possible and
                      access                                                    permittable.
G. Cul-de-sac streets.

   1. Cul-de-sac and/or dead end streets, may be permitted and shall not exceed 600
      feet in length from street beginning to terminal pavement edge at the end of the
      cul-de-sac or dead end street.

   2. Curbed cul-de-sac or dead end streets shall be provided with a turnaround bulb
      area having a paved diameter of at least 80 feet and a street right-of-way diameter
      of 100 feet.

   3. Uncurbed cul-de-sac or dead end streets shall be provided with a turnaround bulb
      areas have a paved diameter of at least 76 feet and street right-of-way diameter of
      100 feet.

   4. In no instance should more than 20 percent of the lots in a proposed subdivision
      front on the turn around portion of the cul-de-sac or dead end street.

H. Street Linkages.

   1. Within major subdivisions and land developments using public streets, street
      linkages shall be provided among adjoining subdivisions in order to allow
      convenient and effective travel among neighborhoods. Benefits include ease of
      access, association with neighbors, alternative travel routes for residents, sidewalk
       networks on local streets, and internal circulation routes for service providers such
       as school buses, sanitation vehicles, and emergency management personnel.

   2. Proposed street layout plans shall incorporate provisions for linkage streets which
      shall be designed to provide future access and street connection to adjacent vacant
      or undeveloped lands which may be developed in the future. Linkage street stubs
      shall be provided at a ratio of at least one (1) linkage street right-of-way stub per
      800 linear feet of subdivision or land development boundary line or fraction
      thereof, which adjoins vacant or undeveloped land.

   3. Such linkage street right-of-way stubs shall be planned and constructed to the
      subdivision or land development boundary line. Linkage street stubs shall be
      identified by signage which reads “FUTURE STREET CONNECTION – NO
      OUTLET”. If the stub is in excess of 100 feet in length, then a temporary paved
      turn-around area shall be provided.

   4. When a proposed subdivision or land development is being planned adjacent to
      previously subdivided or developed land and the previously subdivided or
      developed land has incorporated linkage street stubs to its perimeter as part of its
      recorded or approved plan, the proposed subdivision or land development must
      incorporate street connections to the existing linkage street right-of-way stubs as
      part of its street system.

I. Alleys.

   1. Alleys may be permitted in residential subdivisions as low volume, secondary
      accessways to residential properties. Alley rights-of-way shall be established at
      16 Feet in width and shall involve a minimum paved with of 14 Feet.

   2. Alleys may be provided in non-residential subdivisions and sites for the purpose
      of providing secondary access to parking and loading areas. Alleys serving non-
      residential subdivisions and site developments shall be established at a minimum
      right-of-way width of 20 feet, with a maximum paved width of 18 feet. Traffic
      flow in non-residential alleys shall be limited to one-way and shall be planned and
      marked accordingly with standard signage and other means as applicable.

   3. The developer shall set forth legally binding ownership and maintenance
      responsibilities and obligations for any proposed alleys as part of the preliminary
      subdivision plan proposal for consideration by the Commission. The Commission
      shall approve or deny proposed alleys based upon the merits of the proposal, the
      importance of alleys to the overall design and layout of the subdivision, the
      convenience, ease of access, and circulation for future property owners, and the
      completeness of the maintenance obligations proposal.

J. Private streets.
   1. Private streets shall only be permitted in subdivisions involving five (5) or fewer
      lots and involving a gross site density not exceeding 0.5 dwelling unit per acre (1
      dwelling unit/2 acres), and provided that every lot within the subdivision shall be
      accessed from the privately dedicated street. The minimum right-of-way width
      shall be established at 50 feet, and deed restrictions approved by the County
      Attorney shall be established to ensure maintenance of streets by the property
      owner.

   2. The Kent County Department of Public Works shall review all construction plans
      for private streets and issue a letter of approval prior to recordation of any such
      subdivision. A Construction Plan Review Fee may be assessed in accordance
      with an approved fee schedule adopted by the Levy Court.

   3. Private streets shall be constructed in accordance with approved construction
      plans and inspected for completion by the Department of Planning Services prior
      to issuance of any Certificates of Occupancy.

' 187-57. Street design standards.

A. All publicly dedicated roads and rights-of-way shall be planned, designed, and
   constructed in accordance with the current standards of the Delaware Department of
   Transportation including but not limited to the Functional Classification Map, the
   Subdivision Street Design Standards, and the Mobility Friendly Design Standards.

B. All private streets shall be constructed in accordance with Article X, Required
   Improvements, Section 187-51.A.4.



187-58. Sidewalks.

This section establishes design criteria for residential and nonresidential sidewalks.

A. Sidewalks shall be installed along arterial and collector roadway frontage of a
   property by the owner or developer of the property whenever such property is the
   subject of a subdivision or land development proposal which requires Regional
   Planning Commission or Levy Court approval.

B. In nonresidential land developments sidewalks shall be constructed along private
   access roadways and site entrances to provide continuous pedestrian access from the
   frontage sidewalk required in Section 187-__.A above, to existing and proposed
   buildings on the premises. Sidewalks shall be designed and situated so as to provide
   pedestrian linkages from parking lots to building entrances and between buildings and
   groups of buildings on the premises.
C. Residential subdivisions and land developments with a density of three (3) dwelling
   units per one (1) acre or greater, shall provide sidewalks along both sides of all
   streets.

D. Residential subdivisions and land developments with a density of less than three (3)
   dwelling units per one (1) acre, shall provide sidewalks along one side of all
   residential collector, unless determined by the Regional Planning Commission that
   sidewalks on only one side of the street is warranted. A residential collector is
   defined as a street that served as a frontage street to abutting properties and which
   conducts low volumes of traffic between local streets and major collector and/or
   arterial roadways.

E. Sidewalks shall be established at a minimum paved width of five (5) feet.

F. Barrier free access ramps shall be installed at each street corner and at other points of
   street crossing throughout every subdivision. Access ramps shall be designed and
   constructed by the developer in accordance with provisions of federal and state laws
   and specifications.

G. Sidewalks shall be separated from the edge of road, pavement, driveways, and site
   entrances by a grass strip or landscape area of at least three (3) feet in width and
   preferably five (5) feet in width. Where sidewalk is planned to adjoin the pavement
   edge of parking lot areas, such sidewalk shall be grade separated from the parking lot
   surface by six (6) inch vertical face curbing.

H. Sidewalk design and installation shall comply with federal requirements of the
   Americans With Disabilities Act (ADA) and shall incorporate barrier free access
   ramping at points of intersection with street crossings and at other locations so as to
   accommodate barrier free pedestrian movement and access to buildings, parking
   areas, and other site amenities.

I. Sidewalks shall be free of utility poles, bushes, plants, and all other obstructions.

J. All proposals requiring submission of a major subdivision or land development plan
   for review and approval by the Regional Planning Commission, shall demonstrate on
   the preliminary plan how the proposed project will comply with the provisions of this
   section.

' 187-59. Marked Crosswalks.

This section specifies marked crosswalks at key street/sidewalk intersections within and
adjoining proposed subdivisions and residential land developments and as linkages to
destination points such as schools, parks, and commercial buildings. Marked crosswalks
are intended to identify the preferred locations where pedestrians should cross the street
and to alert motorists of the potential presence of pedestrians.
A. The developer shall be required to install marked crosswalks, which function to create
   a visual and tactile connection between barrier free access curb ramps for the purpose
   of demarcation of appropriate pedestrian street-crossing locations in the following
   instances:

   1. At points of intersection between sidewalk and major collector and arterial streets
      and at all corners along a major collector or arterial street where local residential
      streets intersect the collector or arterial street.

   2. At all signalized intersections adjoining the development site.

   3. At key locations to provide marked street crossing access to active or passive
      parkland and open space areas, schools, playgrounds, neighborhood shopping
      centers, and similar pedestrian destinations within and adjoining the development
      site.

B. Marked crosswalks shall consist of transportation industry standard reflective paint
   pavement markings and/or adhesive pavement markings applied to the street surface
   in “ladder bar” fashion as illustrated in Exhibit XI-1 below. The marked area shall be
   five (5) feet in width and shall be oriented perpendicular to the direction of the street
   at the crossing point. Markings shall run from one side of the street to the other.




EXHIBIT XI-1 Crosswalk Markings
C. Marked crosswalks shall be identified for motorists by the universal “Yield to
   Pedestrians” sign situated at least twenty-five (25) feet and no greater than forty (40)
   feet, in advance of the pavement marking and oriented to address traffic in both
   directions on the street.

' 187-60. School and transit bus stops.

This section specifies school and transit bus stop design criteria along local, minor
collector, major collector, and arterial roads.

A. All subdivision and residential site development proposals involving more than fifty
   (50) dwelling units shall be required to designate and reserve locations for transit and
   school bus stop accommodations within and/or adjacent to the proposed development.

B. The following specified school bus stop locating procedures:


   1. The developer shall notify the local public school district of the locations,
      character, and layout of the proposed subdivision or residential land development
      by registered mail at least thirty (30) days prior to the date of the public meeting
      at which such proposal will be considered for approval. The purpose of this
      notification is to offer the local public school district the opportunity to provide
      input and direction with respect to the most appropriate and serviceable location
      for school bus stops within the proposed development. The applicant/developer
      shall use a School District Notification Form provided by the Department of
      Planning Services developed for this purpose.

   2. The local public school district shall have thirty (30) days to provide commentary
      to both the applicant/developer and to the Department of Planning Services with
      respect to school bus stop provisions. Such commentary shall describe preferred
      locations of bus stops within and adjoining the proposed development site.
      Should the local school district choose not to respond within the prescribed
      period, the development proposal may proceed through the review and approval
      process.

C. As part of the plan review process, the Department of Planning Services shall forward
   a copy of the proposed subdivision plan or residential land development plan to the
   Delaware Transit Corporation (DTC) or its authorized designee, for review and
   recommendations relative to the reservation and designation of areas for public mass
   transit stops and related provisions. Review commentary and recommendations shall
   be offered during the normal plan period prescribed by this chapter. A delay in the
   issuance of review commentary by the DTC, shall not result in a postponement of the
   plan review process.

D. The following specifies bus stop design and construction for local and minor collector
   streets:
   1. On local and minor collector streets, bus stops shall consist of designated curbside
      bus stops where transit and school buses may stop within the travel lane of the
      street for the purpose of boarding and discharging passengers. Every effort shall
      be made to designate such bus stops as joint use facilities for use by school buses
      and transit service vehicles.

   2. On-street bus stops served by the DTC or its authorized designee, shall be
      designated by standard DTC bus stop identification signage and shall conform to
      one (1) of the following design standards:

      a. The bus stop is designated adjacent to and immediately before a street
         intersection (See Exhibit XI-2 below). This configuration may be preferable
         at locations involving very limited right-turning traffic volumes. The near
         side bus stop shall be at least ninety (90) feet in length or an alternative length
         specified by the DTC; or

      b. The bus stop is designated adjacent to and immediately after a street
         intersection (See Exhibit XI-2). This configuration may be preferred in
         locations where there are high volumes of right-turning traffic, at locations
         immediately following a right-turn by the bus and where significant numbers
         of passengers would transfer from an intersecting bus route. The far-side bus
         stop shall be at least eighty (80) feet in length or an alternative length
         specified by the DTC; or

      c. The bus stop is designated along the curbside in locations between and
         separated from intersecting streets (See Exhibit XI-2 below). The mid-block
         bus stop shall be at least 130 feet in length or an alternative length specified
         by the DTC.

EXHIBIT XI-2 Bus Stop Configurations.
E. The following specified bus stop design and construction for arterial and major
   collector roads:

   1. Where required by the DTC or requested by the local school district, bus stops on
      arterial and major collector roads shall be designed as Bus Turnout Areas. These
      areas consist of a pull-off areas of sufficient dimensional attributes to permit a bus
      to pull over to the curbside and out of the travel lane for purposes of boarding and
      discharging passengers.

   2. Bus Turnout Areas shall be designed as integral features of the pedestrian
      sidewalk network as described in Section 187-__, Pedestrian Amenities, above
      and shall conform to the design and minimum dimensional requirements depicted
      in Exhibit XI-3 below.

   3. Every effort shall be made to designate planned Bus Turnout Areas as joint use
      facilities for both school bus and transit service vehicles.

   4. Bus Turnout Areas shall be required when:

      a. Peak hour curb lane traffic count exceeds 250 vehicles per hour; and

      b. Existing land development patterns and the local street system do not permit
         continuous internal neighborhood circulation and linkage for transit service
         off of arterial and/or major collector streets; and
       c. The nearest existing Bus Turnout Area or similar transit facility is more than
          1,300 feet (1/4 mile) walking distance from the main entrance of the proposed
          subdivision or residential land development.

EXHIBIT XI-3 Bus Stop Turnout Design-Typical for Major Collector Streets




' 187-61. Blocks.

A. Residential blocks shall not exceed 1,200 feet in length or be less than 500 feet in
   length between street lines. In any residential block more than 800 feet in length, a
   mid-block crosswalk of not less than 10 feet in width may be required where deemed
   necessary to provide convenient access to schools, playgrounds, shopping centers,
   and other community facilities.

B. Residential blocks shall normally be of sufficient width to provide two tiers of lots of
   appropriate depth.

C. Blocks for business or industrial use shall be of such length and width as may be
   necessary to serve their prospective use, and shall include adequate provisions for
   off-street parking and for the loading and unloading of delivery vehicles.

' 187-62. Lots.

A. Every lot shall have frontage on and have access to a street.

B. Lots shall be oriented and adequately sized to provide sufficient buildable areas,
   properly related to topography and the character of surrounding development.

C. The dimensions and areas of all lots shall comply with the minimum requirements of
   the zoning district in which they are located.

D. In cases where public water and/or public sanitary sewerage are required per Article
   X, Required Improvements, lots shall be designed to be served by such services.
E. In cases where public water and/or public sanitary sewer are not required by Article
   X, Required Improvements, all proposed lots shall comply with the minimum lot
   dimensions and areas established by the Delaware Department of Natural Resources
   and Environmental Control as determined through soils analysis and on-site waste
   disposal feasibility study.

F. Excessive lot depth in relation to lot width shall be avoided. A ratio of depth to width
   of 2:1 shall be considered a desirable maximum.

G. Lots with multiple street frontages including corner lots shall require a front yard
   setback along all street frontages. Such lots shall be sized appropriately to
   accommodate reasonable and customary buildings and structures while observing the
   setback requirements.

H. Double-frontage and reverse-frontage lots shall be avoided, except where their use is
   essential for overcoming special topographic problems or for separating residential
   development from arterial roadways and other roads involving high traffic volumes as
   described above in Section 187-56.E

I. Lots adjoining a railroad right-of-way line shall observe a building setback of at least
   50 feet from the right-of-way line and shall include an appropriate means of buffering
   such lots from the railroad lines.

J. Insofar as possible, side lot lines shall be substantially at right angles or radial to the
   street line, except where a variation to this requirement will provide an improved
   street and lot layout.

' 187-63. Easements.

A. Proposed subdivisions and/or land development proposals shall dedicate drainage
   easements of sufficient width and length as directed by the Delaware Department of
   Natural Resources and Environmental Control or its authorized agents and/or the
   Delaware Department of Transportation for the purpose of ensuring the establishment
   and maintenance of drainage systems. Drainage easements may include all manmade
   drainage improvements and structures, stormwater management ponds, maintenance
   areas, ditches, and natural stream courses.

B. The Commission shall have the authority to approve the placement of all such
   easements as requested by County Staff, utility providers, and other regulatory
   agencies.

C. No building or structure shall be constructed on any recorded easement without the
   authorization of the Commission, its Staff, or other agency, or utility provider having
   jurisdiction.

' 187-64. Active Recreation Areas
Kent County shall require the reservation of open space, recreation, and other public
facilities as a condition of approval for all single-family, two-family, and multi-family
dwelling residential developments requiring conditional use approval, site plan approval,
or land subdivision approval by the Regional Planning Commission.

A. Purpose. The purpose of this section is to ensure that active recreation areas are
   provided as an integral design element within residential developments and that such
   facilities are of an adequate scale in relation to the size of the residential development
   and which provide residents with a variety of active recreational pursuits. In general,
   the County encourages improved active open spaces to be provided within the
   established growth zone and cash in lieu of active recreation outside of the growth
   zone.

B. Dedication Required. The Planning Commission shall require the reservation of
   recreation areas, and the subsequent construction of recreation facilities of a
   character, extent, and location suitable to the needs created by a development for
   recreation facilities as defined and in accordance with the design guidelines set forth.

C. Definition. The following are illustrative of the types of recreation areas and
   subsequent facilities that shall be deemed to serve active recreational needs and
   therefore to count toward satisfaction of the Active Recreation area requirements of
   this section:

   1.   Improved walking, jogging, or biking trails;
   2.   Swings, slides, and play apparatus;
   3.   Tennis, handball, racquetball, basketball, and volleyball courts;
   4.   Neighborhood/community swimming pools;
   5.   Fitness and exercise rooms;
   6.   Meeting or activity rooms within clubhouses;
   7.   Baseball and soccer fields; and
   8.   Any combination of improved walking areas, gazebos, park benches, and
        greenway areas associated with stormwater management ponds designed to
        emulate natural features.

D. Design guidelines
   1. Accessible. Recreation areas shall be accessible within the development and
      arranged in a manner that affords reasonable access to all residents within the
      development. When warranted, recreation areas can be dispersed throughout the
      development provided that each remote location is accessible.

   2. Pedestrian Oriented. Recreation areas shall be pedestrian oriented and designed
      with linkages to existing and planned public walkways and with other existing or
      planned recreation areas.
   3. Age Oriented. The nature and scope of planned recreation areas shall reflect an
      awareness of, and sensitivity toward the anticipated age groups that would reside
      within the proposed development.

   4. Parking. Designs shall consider the need for parking facilities associated with
      recreation areas.

   5. Walking, Jogging and Biking Trails. The developed portion of walking, jogging,
      and biking trails shall be the only area counted toward the area requirement.

   6. Setbacks. No structure, equipment, or game court surface shall be located closer
      than 30 feet from any lot line of any lot to be used for residential purposes nor
      nearer than 25 feet from any right-of-way line.

   7. Landscaping. Where warranted visual screening of parking areas, game courts,
      playground areas and other features as necessary to preserve and protect the
      interests of adjoining residential properties may be required.

   8. Area. The minimum area of a remote recreation area shall be two thousand (2000)
      square feet.




E. Recreation and Open Space Area Review

   1. At the required pre-application meeting prior to the submission of the subdivision
      or land development plan, the applicant or agent shall meet with the Planning staff
      to review the sketch plan and for the applicant or agent to receive early advice and
      consultation on the proposed development or subdivision and the proposed open
      space and recreation facilities including size, type, and layout.
   2. Upon receipt of the submitted subdivision or land development plan, the Planning
      staff shall consult with the Kent County Parks Trust Fund Administrator within
      the Department of Community Services.
   3. Upon receipt of the submitted subdivision or land development plan, the Planning
      staff shall consult with the Kent County Parks Trust Fund Administrator within
      the Department of Community Services.
   4. Comments and recommendations regarding open space and recreation areas shall
      be included in the Planning Staff recommendation report provided to the Regional
      Planning Commission. With respect to recreation and open space, the report shall
      detail the recommendations as to the active recreation facilities to be
      recommended including the location, parking areas, and proposed landscaping as
      well as the proposed open space.

F. Area Required. All residential subdivisions and land developments within the growth
   zone shall provide recreational areas in a size equal to three hundred (300) square feet
   per dwelling unit or one-half (1/2) acre of land, whichever is greater. All residential
   subdivision and land development outside of the growth zone shall provide
   recreational areas in a size equal to six hundred (600) square feet per dwelling unit or
   one-half (1/2) acre of land, whichever is greater. In no case shall the commission
   require that more than ten percent (10%) of the gross area of the subdivision or land
   development be so dedicated or reserved when the gross area is greater than five (5)
   acres.

G. Cash in Lieu of Recreation Area.

   1. Determination of Suitability for Cash Donation. Where the Community Services
      Committee of Levy Court determines that the construction of active recreation is
      not practical due to close proximity to existing available recreation facilities or
      infeasible due to natural characteristics of the land or will not benefit the residents
      of the development, the Commission shall require a full or partial cash in lieu of
      recreation area donation be made by the developer.

   2. Amount of Cash Donation. The total amount of cash-in-lieu of Active Recreation
      Open Space shall be equivalent to the assessed pre-improvement value of the land
      area required. The assessed pre-improvement value of the land shall be
      determined by the Kent County Department of Finance, Assessment Office. If the
      County and/or the developer do not agree on the land value estimate established
      by the Assessment Office, an appraisal shall be performed by an independent
      third party professional real estate appraiser at the developer’s expense. This
      appraisal shall be awarded on a competitive bid basis to a qualified, certified
      appraiser that submits the lowest bid. The County shall manage the bid process.

   3. Park Service Trust Fund. All cash in lieu of recreation area donations shall be
      deposited in the Kent County Park Service Trust Fund to be used for the creation
      of new park and recreation areas, the expansion or improvement of existing park
      and recreation areas, or the acquisition of new park and recreation areas.

   4. Payment of Cash Donations. One hundred (100) percent of the cash donation
      shall be paid by the developer to Kent County prior to the issuance of the first
      building permit for the development.

' 187-65. Passive Open Space

A. Purpose. The purpose of this section is to preserve areas of open space within
   residential subdivisions and land developments which are designed to provide buffer
   spaces between developing areas, to preserve existing natural and historic features,
   and to establish a network of open spaces within the built environment to provide a
   balance between developed and undeveloped lands, wildlife habitat conversation, the
   preservation of scenic view corridors, and to provide residents opportunities to
   engage in passive recreation activities.
B. Dedication Required. The Commission shall require the dedication/reservation of
   open space for the purpose of buffering, landscaping, and preservation of natural
   features which add value to the residential development and to the surrounding
   community.

C. Definition. Open space shall include land or an area of water, or combination of land
   and water within a development site, and designed and available for the use and
   enjoyment of residents of the development, not including, offstreet parking, areas set
   aside for public facilities and rights of way, and areas to be preserved as wetlands as
   required. The following are illustrative of the types of open space areas that shall be
   deemed to serve buffering and preservation of natural features to count toward
   satisfaction of the open space requirements of this section:

   1. Mature forests and groves;
   2. Hedge rows;
   3. Water courses;
   4. Historic, cultural, or archeological landmarks and resources;
   5. Landscaped buffers and berming designed to promote privacy;
   6. Open landscaped areas suitable for being used and enjoyed for purposes of
      informal and unstructured recreation and relaxation;
   7. Storm water detention ponds when suitably designed to emulate natural features
      by incorporating irregular shapes, gradual slopes (no greater than 1:4) and
      appropriate landscape plantings but excluding non-improvement easement areas;
      and
   8. Irreplaceable environmental assets with value that have been adequately
      documented.

D. Design Guidelines
   1. Land areas shall be at least twenty feet (20’) in width.
   2. Selective clearing of natural vegetation may be permitted to form trails and
      clearings within woodland areas in accordance the Woodland Preservation
      provisions below.
   3. Open spaces shall attempt to be contiguous and designed with linkages to existing
      and planned public walkways and with other existing or planned recreation areas.
   4. Within the growth zone, as identified by the Kent County Comprehensive Plan,
      the Commission may require up to five percent (5%) of the gross area in the
      development be so dedicated or reserved. The commission may require up to
      thirty-five percent (35%) of the gross area in the development be so dedicated or
      reserved in residential development outside of the growth zone.

' 187-66. Public Parks, Facilities and Land Reservations

A. Purpose. The purpose of this section is to afford the County the opportunity to
   reserve lands within developing areas which represent important and strategic
   locations for the distribution of essential public goods and services. The Kent County
   Community Services Department shall advise the Commission of any proposed
   subdivision or land development that includes lands proposed for use as Public Parks
   to be operated for the free use of a Recreation Service District by Kent County
   Community Services.

B. Public Parkland - Dedication Optional. Where deemed essential by the Community
   Services Committee of Levy Court upon consideration of the type of development
   proposed in the subdivision or land development, and the community recreation needs
   of the general area of the subdivision or land development, the developer may be
   required to dedicate the recreation area to Kent County for use as a Public Park to be
   operated by Kent County Community Services. In no case shall the Kent County
   require that more than five percent (5%) of the gross area of the development be
   dedicated for the public facility.

   1. If the County is to take ownership of the active recreation open space, title to open
      space so established shall be conveyed to the county by the subdivider before any
      lots are sold in the subdivision or at such other time as the county may determine,
      but in any case not later than the time when 80% of the proposed lots have been
      conveyed to the future property owners. To assure that required open space is
      conveyed in a usable condition by the subdivider, the Commission may require
      the subdivider to file an agreement with the county stating in what physical
      condition the open space will be placed at the time of the conveyance.

C. Public Facilities – Dedication Optional. Where public facilities are shown or
   proposed in the County comprehensive plan, or in any other plan or study accepted by
   the Levy Court or other public body and are located in whole or in part in a proposed
   subdivision or land development plan, the Regional Planning Commission may
   require the dedication or reservation of the area required in lieu of the requirements of
   Section 187-64 above.

D. Temporary Land Reservation – Optional. Any areas required by any other public
   bodies or any remaining areas beyond the five percent (5%) dedicated to the County
   under Section 187-66.B above may be set aside by the commission for a period of one
   (1) year to allow the proper authority the opportunity to purchase the area. Upon
   failure of the proper authorities to purchase such site within one (1) year after the date
   of the final approval of the project, the developer, upon application, shall be relieved
   of the responsibility of reserving such land for public purposes.

E. Definition. The following are illustrative of the types of public facilities that may be
   considered for reservation or dedication by this section:
   1. Utilities;
   2. Public buildings;
   3. Public Parks;
   4. Public trails; and
   5. Recreation facilities.

' 187-67. Preservation of Historic Buildings and Properties
A. For subdivisions or land developments containing or adjacent to historic or cultural
   resources the following design criteria shall apply:

   1. Lots shall be designed to minimize adverse impacts of new construction on the
      historic resource;
   2. Natural features such as trees and vegetation which contribute to the preservation
      of a historic resource or provide a buffer between the historic resource and new
      development shall be retained; and
   3. Protective techniques such as limits of disturbance, building restriction lines, and
      buffers shall be used.

B. Any of the above design options may count toward satisfaction of the open space
   criteria in Section 187-65 above.

' 187-68. Ownership and Maintenance of Active Recreation Areas and Passive
Open Spaces

A. Ownership and Maintenance Required. There shall be provisions that insure that all
   active recreation and passive open space areas, and all other dedications and/or
   reservations of land not dedicated to Kent County shall be owned and maintained by a
   responsible entity. These provisions shall be presented to Kent County for review
   and shall be in a form acceptable to Kent County. The developer shall either:

   1. Retain ownership and maintenance responsibility of all open space areas; or,

   2. Provide for and establish a legal entity such as a homeowners association,
      community open space trust, or maintenance corporation for the purpose
      ownership and maintenance of all common open space in the development in
      perpetuity.

B. Homeowners Association Requirements. If the developer proposes to establish a
   homeowners association for purposes of ownership and maintenance of common
   open space, such association shall be governed by the following:

   1. Membership Mandatory. Membership in the organization shall be mandatory for
      all purchasers of properties within the development and their heirs and assigns.
      The members of the organization shall share equitably the costs of maintaining
      common open space and recreation areas in accordance with all applicable
      Property Maintenance Codes of Kent County as adopted and amended from time
      to time, in accordance with all record plan notes, and in accordance with
      procedures established by the homeowners association.
   2. Responsibilities. The homeowners association shall be responsible for
      maintenance, insurance, taxes, fees, and other burdens customary to the
      ownership of real property and all improvements and constructions thereon
      including but not limited to all recreation amenities, walkways, stormwater
      facilities, ponds landscaping, and sanitary sewer and other utilities not owned by
      Kent County.
   3. Deed Restrictions. The restrictive covenants shall be established that provide that
      in the event the homeowners association fails to maintain the open space
      according to the standards of the Kent County Code and in accordance with the
      recorded or approved plan, the County may, following reasonable notice.

       a. Demand that the deficiency of maintenance be corrected; or
       b. Enter the open space area to maintain same. The cost of such maintenance
          shall be charged to the homeowners association.

' 187-69.Exemption to Recreation Area and Open Space Dedication/Reservation

A. Exemptions for Small Developments

   1. Residential subdivisions and land developments with less than five (5) acres of
      land and less than ten (10) dwelling units shall be exempt from the land
      requirements set forth in Sections 187-64 and 65 above, but shall require a full
      cash donation to be made by the developer in lieu of a dedication land.
   2. Residential subdivisions and land developments with less than five (5) acres of
      land and between ten (10 and twenty (20) dwelling units may be exempt from the
      one-half (1/2) acre minimum requirement for recreation areas, but may be
      required to provide a lesser amount as recommended by the Parks and Recreation
      Commission. The RPC shall require a full or partial dedication of land.
   3. Phases or sections within developments that are commonly proposed for
      development shall not be considered as individual residential subdivisions or land
      developments qualified for exemptions under this section.
   4. The cash donation shall be equivalent to ten percent (10%) of the pre-
      improvement appraised value of gross land area. The process for appraisal as
      well as the appeal and payment process shall be the same as that described in
      Section 187-64.G above.

' 187-70. Construction Phasing.

   The construction/improvement of open space areas shall be completed in a proportion
   equal to or greater than the proportion of residential dwelling units completed, except
   that one hundred percent (100%) of the recreation areas shall be completed prior to
   issuing building permits for the final twenty percent (20%) of the dwelling units
   proposed, unless a written agreement is in place between the developer and the
   Department of Planning Services. Building permits shall not be issued for dwelling
   units unless the requirements of this section are met.

' 187-71. Woodland Preservation.

A. Purpose. The purpose of this section is to establish standards and requirements for
   the protection and planting of trees and woodlands because it is recognized that
   woodlands and trees are not only desirable but are essential to the health, safety, and
   welfare of the population in that they provide oxygen, reduce carbon dioxide,
   stabilize soil, cleanses the air by transpiring clean water into the atmosphere, cleanses
   water passing into the ground through the root system, provided protection for
   wildlife and their habitats, provide shade, reduce noise and glare, increase property
   values, and provide an important physical, aesthetic, and psychological balance to the
   built environment.

B. Definitions:

   Caliper dimension. The term "caliper dimension" means an outside diameter
   measurement of the trunk of a tree measured at a vertical distance of three (3) feet
   above grade.

   Clearing. The removal of trees from an area of five thousand (5,000) square feet or
   greater, whether by cutting or other means. Clearing shall not include the removal of
   trees for landscaping purposes by individual lot owners.

   Dripline. A line on the ground established by a vertical plane extending from a tree's
   outermost branch tips to the ground; i.e., the line enclosing the area directly beneath
   the tree's crown from which rainfall would drip.

   Tree. Any self-supporting woody perennial plant, usually having a mainstem or trunk
   and many branches and at maturity normally attaining a trunk diameter greater than
   three (3) inches at any point and height of over ten (10) feet.

   Tree protection area. Any portion of a site wherein are located existing trees which
   are proposed to be retained in order to comply with the requirements of this section.
   The tree protection area shall include no less than the total area beneath the tree
   canopy as defined by the dripline of the tree or group of trees collectively.

   Wetlands. Those areas of lands which fall within the definition of Wetlands currently
   used by the Army Corp of Engineers, or those adopted by the State of Delaware in
   accordance with Army Corp of Engineers.

   Woodland. An area of contiguous wooded vegetation of at least 10,000 square feet in
   area where trees exist at a density of at least one (1) tree with a caliper dimension of
   six (6) inches or greater per 400 square feet of land and where the tree branches form
   a contiguous canopy. Active tree nurseries and orchards shall not be considered
   woodland for purposes of this ordinance.

C. Applicability. The terms and provisions of this section shall apply to any activity on
   real property which requires conditional use, site plan or subdivision approval of the
   Regional Planning Commission as set forth in this Ordinance and Chapter 205
   (Zoning).
D. Inside the Growth Zone. Within the central portion of Kent County identified by the
   Kent County Comprehensive Plan as the Growth Zone, woodland areas shall be
   preserved in accordance with the Table XI-1 below:




   Table XI-1. Woodland Preservation
           Use              Density                   Percentage of Existing
                                                      Woodland Area to be
                                                      Preserved^
           Residential      0 to 1.25 DU’s/Acre       60%*
                            1.25 to 2.5 DUs/Acre      50%*
                            2.5 to 5 DUs/Acre         40%*
                            5 to 10 DUs/Acre          30%
                            More than 10              20%
                            DUs/Acre

           Nonresidential 1 to 10 acres             20%
                           10 to 25 acres           30%
                           25 to 50 acres           40%
                           More than 50 acres       50%
       *     Selective Clearing may be used on up to one half of the woodland area
             required to be preserved. This allows individual lots to be placed within
             protected woodlands. The balance of the area required for protection must
             be placed within common ownership.

       ^      Areas required to be cleared for street rights of way shall not be included
              in the calculation of woodlands to be preserved.


E. Outside of the Growth Zone. No more than 30 percent of a woodland area, tract or
   parcel may be cleared for any purposes outside of the designated Growth Zone.

F. Clearing prohibited without approval. Clearing, as defined by this section, for any
   purpose whatsoever, except the establishment of trails and pathways (not greater than
   eight (8) feet in width) and open yard areas, shall be prohibited unless approved by
   the Regional Planning Commission through the site plan, conditional use, or
   subdivision review process.

G. Tree preservation in wetlands. No portions of wetland areas shall be developed or
   cleared of vegetation unless granted permission under state and/or federal permit;
   they shall remain as essentially undisturbed areas.
H. Trees of special value. Trees having a historic value, as determined by the state
   historic preservation officer, or that are on an outstanding nature due to type or
   species, age, or other professional criteria may be required by the planning
   commission to be preserved, such trees may be prohibited from being removed by the
   building inspector until such time that the planning commission has granted approval
   to remove such trees.

' 187-72. Tree Planting Requirements in Non-Woodlands.

A. Plan Required. All developments in non-woodland areas requiring approval of the
   Regional Planning Commission shall be required to submit with its application and
   plans, a tree preservation and planting plan as set forth in section ----, and shall
   conform with the following provisions.

B. Tree Planting Standards. Existing trees may be preserved and new trees may be
   planted to achieve the minimum tree planting requirements of this Ordinance as
   specified below. For new tree plantings to be counted toward the tree planting
   requirement, new trees shall be of a species and minimum planting size as set forth in
   Appendix A (Table of Trees) of this Ordinance.

C. Inside the Growth Zone. For non-woodland portions of development tracts, new trees
   shall be planted at a rate of one tree per 10,000 sq. ft. of lot area for residential land
   development and one tree per 5,000 sq. ft. of site area for nonresidential land
   development.

D. Outside the Growth Zone. For non-woodland portions of development tracts, new
   trees shall be planted at a rate of one tree per 5,000 sq. ft. of lot area for residential
   land development, and one tree per 3,000 sq. ft. of site area for nonresidential land
   development.

E. Replacement Guarantee. A one year full price replacement guarantee shall be
   provided by the developer and noted on the record plan for all required new tree
   plantings.

' 187-73. Tree Mitigation.

A. Planning Commission Waiver. The Regional Planning Commission may waive the
   provisions of Sections 187-71 and 72 above, and require replacement planting for
   mitigation purposes should the Regional Planning Commission determine after
   demonstration by the applicant that due to physical limitations of the land which
   would otherwise prohibit the reasonable use of the land, or for purposes of
   preserving, protecting and promoting the interest of public health, safety, welfare
   and/or public convenience. Tree mitigation may occur off-site in accordance with the
   provisions listed below in this ordinance.
   1. If a waiver is sought from the tree planting requirement in non-woodland areas,
      new tree plantings are required at a rate of 1:1 inside the Growth Zone and at a
      rate of 2:1 outside the Growth Zone. All new tree plantings shall meet the
      minimum size at planting requirements.

   2. If a waiver is sought from the minimum woodland preservation area requirements,
      then mitigation must be in the form of newly created woodland areas. New
      woodlands shall be created at a rate of 1.25 times the amount of woodlands to be
      removed inside the Growth Zone and at a rate of 1.5 times outside the Growth
      Zone. A woodland mitigation plan shall be prepared by a licensed forester,
      Landscape Architect, or Certified Nursery Professional for the consideration of
      the Planning Commission.

   3. All tree mitigation must occur on-site unless an off-site location is specifically
      approved by the Planning Commission. When considering off-site locations for
      tree mitigation, the Commission shall consider: 1) a physical hardship related to
      the land which would otherwise prohibit compliance on the subject site; 2)
      whether the mitigation plan proposed by the applicant is superior in terms of
      environmental benefits, tree quantity, or aesthetic qualities compared to strict
      compliance with the ordinance on-site.

B. Tree Mitigation Required for Unauthorized Clearing. In the event that trees or
   woodland areas to be preserved under this ordinance or as a condition of a site plan,
   subdivision, or conditional use approval are illegally removed, tree mitigation shall be
   required. All tree mitigation plantings must be placed on the same lot, parcel, or tract
   on which the illegal clearing occurred, except as noted below. All replacement trees
   must be of the same or a similar variety as the trees illegally removed.

   1. If trees have been removed from non-woodland areas, new tree plantings shall be
      provided in accordance with Table XI-2:

Table XI-2. Tree Mitigation
    Caliper Dimension                  Number of                  Caliper Dimension
    of Trees Removed                 Trees Required                  at Planting
        25" or larger                    5 trees                           3"
         17" to 24"                      3 trees                           2"
          9" to 16"                      3 trees                         1.75"
          8" or less                     2 trees                         1.75"

   2. If trees have been removed from woodland areas, then mitigation must be in the
      form of newly created woodland areas. New woodlands shall be created at a rate
      of 1.75 times the amount of woodlands that were illegally removed. The
      woodland unlawfully removed must be replanted to satisfy a portion of this
      requirement. A woodland mitigation plan shall be prepared by a Licensed
       Forester, Landscape Architect, or Certified Nursery Professional, for review and
       approval by the Director of Planning Services.

   3. If the applicant wishes to provide replacement plantings on any property other
      than the one on which illegal clearing occurred, the mitigation plan must be
      reviewed and approved by the Planning Commission. When considering off-site
      locations for tree mitigation, the Commission shall consider: 1) a physical
      hardship related to the land which would otherwise prohibit compliance on the
      subject site; 2) whether the mitigation plan proposed by the applicant is superior
      in terms of environmental benefits, tree quantity, or aesthetic qualities compared
      to strict compliance with the ordinance on-site.

' 187-74. Tree Preservation and Planting Plan Requirements.

A. Plan specifications. A tree preservation and planting plan or a preservation and
   selective clearing plan, prepared by or in conjunction with a design professional, shall
   be shown on a copy of a preliminary plat, sketch, or site plan, as appropriate to the
   proposed development, drawn to the same scale and covering the same area as the
   other plan documents prepared for the planning commission hearing. The plan may
   be combined with a required buffer and landscape plan for the project, at the option of
   the developer. The plan shall provide sufficient information and detail to clearly
   demonstrate that all applicable requirements and standards of this section will be fully
   satisfied. The plan shall contain but need not be limited to the following:

   1. Project name, zone, parcel number, north arrow and scale.

   2. Developers name, address and telephone number.

   3. Name, address, and telephone number of the design professional responsible for
      the preparation of the plan.
   4. Delineation of all lot lines, minimum yard areas, buffers, and landscape areas as
      required by the zoning ordinance.

   5. Total acreage of the site and total lot area for each lot delineated.

   6. Delineation of all wetlands and woodlands.

   7. Designation and delineation of all lots in non-woodland areas, expected to retain
      existing trees to meet the tree density requirement.

   8. Approximate location and description of the protective tree fencing, staking, or
      continuous ribbon to be installed which at a minimum, shall follow the dripline of
      all trees to be retained along adjoining areas of clearing, grading, or other
      construction activity.
   9. The location, spacing, caliper dimension, and species of new trees proposed to
      meet tree density requirements.

   10. Measures to be taken to avoid sedimentation intrusions and erosion in tree
       protection areas, and the location of such devices.

   11. A summary table of the number of new trees to be planted and minimum number
       of existing trees to be retained to meet the tree density requirement if any, along
       with calculations showing that the tree density requirement has been achieved.
       Groupings of trees in the tree protection areas for new trees may be keyed to the
       summary table by area rather than having each tree individually labeled on the
       plan.

   12. There shall be a note on the plan indicating that a one-year full price replacement
       guarantee on all new trees planted is held by the applicant.

' 187-75. Wetland Areas.

A. A wetlands investigation shall be performed by a qualified wetlands specialist at the
   expense of the applicant in preparation for any activity on real property which
   requires Conditional Use, Site Plan or Subdivision Plan approval by the Regional
   Planning Commission as set forth in this Ordinance and Chapter 205 (Zoning).

B. The limits of all wetlands determined to be present on the subject property shall be
   flagged by the wetlands specialist and identified on the subject property by customary
   survey markers and shall be delineated on the Plan. Wetland areas shall be tabulated
   on the Plan in acres.

C. No portions of wetland areas shall be developed or cleared of vegetation unless
   granted permission under state and/or federal permit including Nationwide Permits
   authorized by the United States Army Corps of Engineers; they shall remain as
   essentially undisturbed natural areas.

D. No buildings, structures or paved surfaces shall be situated nearer than 25 feet from a
   delineated wetland area. Within this same 25 foot building setback, fencing,
   landscaping, and lawn areas shall be permitted.

' 187-76. Water Bodies, Streams, and Other Water Courses – Riparian Buffers.

A. Lakes, ponds, rivers, and streams shall be left as permanent open space. No filling,
   piping or diverting of water bodies, lakes, ponds, or streams shall be permitted except
   for required roads, to be approved by the Delaware Department of Transportation and
   the Delaware Department of Natural Resources and Environmental Control.
B. No buildings, structures, or paved surfaces except stairs and ramps, fences, open
   decks, patios or docks with a combined area of two hundred (200) square feet or less
   shall be permitted to be constructed nearer than:

     1. 100 Feet from the shore line of any tidal water body, tidal stream, or tidal marsh;
        or

     2. 100 Feet from the shore line of any non-tidal freshwater water body, lake, pond,
        or blue-line stream as depicted on United States Geological Survey Topographic
        Quadrangle Maps; or

     3. 50 Feet from the shore line or top of bank of any stream (non-blue line), creek, or
        drainage ditch.

The clearing or removal of natural vegetation within this setback area shall be prohibited.

' 187-77. Buffer Requirements.

A.   Buffering: Non-residential Uses other than Agriculture. Visual and sound screening
     shall be provided on non-residential use properties (other than agricultural uses) when
     abutting a residential use. Screening shall consist of an opaque barrier at least six (6)
     feet in height accompanied by landscaping.

     1. Opaque Barrier Options. The requirement for the opaque barrier may be met by
        choosing one of the following:

        a. An opaque wooden fence.

        b. A wall constructed of masonry materials, either stucco, brick, split faced
           block, or decorative concrete.

        c. An earthen berm (4:1 maximum side slopes).

        d. Dense, durable and continuous evergreen tree planted screen of at least six (6)
           feet in height at the time of planting and arranged to effectively achieve an
           opaque visual buffer.

        e. Any combination of fencing, landscaping and/or berming that achieves a six
           (6) foot high opaque barrier.

B. Buffering from Agricultural Uses. Visual screening shall be provided on residential
   development properties when adjoining agricultural use properties. Such screening
   may consist of:

     1. An earthen berm (4:1 maximum side slopes).
   2. Dense, durable and continuous evergreen tree planted screen of at least six (6) feet
      in height at the time of planting and arranged to effectively achieve an opaque
      visual buffer.

   3. Any combination of fencing, landscaping and/or berming that achieves a six (6)
      foot high opaque barrier.

C. Parking Lots. Whenever a parking lot is located across the street from a residential
   use, it shall be edged with low profile evergreen hedge planting located along a line
   drawn parallel to the street and a distance of twenty (20) feet therefrom, such hedge to
   be interrupted only at points of ingress and egress. The open area between such hedge
   and the street shall be landscaped in harmony with the landscaping prevailing on
   neighboring properties fronting on the same street.

D. Regional Planning Commission Waiver. The Regional Planning Commission may
   waive the requirement for the opaque barrier (wood fence, masonry wall, or earthen
   berm) and require only a durable and continuous evergreen screen in cases where
   noise is not a concern and the vegetation alone is considered a desirable aesthetic
   alternative.

E. Buffers Along Arterial Streets. Where development proposals front on an arterial
   street, as designated by the comprehensive plan, a landscape buffer shall be required
   along the arterial road frontage. These buffer areas shall be a minimum of thirty (30)
   feet in depth, measured from the right-of-way line of the arterial street, and shall, at
   the time of development of the property, be planted with a variety of trees, shrubs and
   ground cover so as to create a distinctive and consistent visual character of the arterial
   street. The landscape design and planting plan for these arterial street buffer areas
   shall be subject to the approval of the planning commission as an integral part of the
   site development plan. When it can be demonstrated to the satisfaction of the
   planning commission through the plan review process that, due to specific constraints
   related to existing lot size, lot configuration or the orientation of existing buildings on
   adjoining properties, that compliance with this section would severely limit the
   development potential of the property or would cause the property to be out of
   character with the surrounding built environment, the planning commission may
   approve a lesser amount of buffering, provided that the basic objective of establishing
   landscaped green space along arterial roadways is achieved.




               ARTICLE XII, Exceptions, Modifications, and Waivers
§ 187-78. Unusual conditions.

Where, in the case of a particular proposed subdivision, it can be shown that strict
compliance with the requirements of this chapter would result in extraordinary hardship
to the subdivider because of unusual topography or other conditions which are not self-
imposed or that these conditions would result in inhibiting the achievement of the
objectives of these regulations, the Commission may vary, modify, or waive the
requirements so that substantial justice may be done and the public interest secured;
provided, however, that such variance, modification or waiver will not have the effect of
nullifying the intent and purpose of this chapter or be contrary to the goals and objectives
of the Comprehensive Plan for the county. In no case shall any variation, modification or
waiver be more than a minimum easing of the requirements, and in no instance shall it
result in any conflict with Chapter 205, Zoning.

§ 187-79. Approval of variances, modifications and waivers.

A. Variances, modifications, and waivers from the requirements of this chapter shall be
   granted only by the affirmative vote of 3/4 of the members of the Commission.

B. In granting variances, modifications, and waivers, the Commission may require such
   conditions as will, in its judgment, substantially secure the objectives of the
   requirements so varied, modified, or waived.

C. Requests for variances, modifications, and waivers may be presented at a business
   meeting of the Regional Planning Commission. Such requests must be submitted to
   the Department of Planning Services at or before the normal deadline established by
   the Department.

D. This section does not apply to the requirements of other public agencies.

§ 187-80. Exceptions.

A. Any subdivision wherein the proposed buildable lot contains 20 acres or more and no
   new public street is being dedicated shall be subject to the provisions of the minor
   subdivision review process without regard to the original parcel having been
   previously subdivided under the minor subdivision review process and without
   limitation on the number of buildable lots being created. Any such lots must meet the
   minimum area and bulk requirements provided in Chapter 205, Zoning.

B. The division of land for agricultural purposes into parcels of more than 10 acres not
   involving any new streets or easements of access may be accomplished with the filing
   of a deed and is exempt from Minor Subdivision regulations. An affidavit stating that
   the owner intends to devote the land to agricultural purposes must be filed with the
   Department of Planning Services.
C. Divisions of property by testamentary or intestate provisions, or divisions of property
   upon court order, are exempt from plan review provisions.

D. Parcels of land divided by construction of a Delaware Department of Transportation
   street are considered a subdivision of land not subject to plan review provisions.

E. Although land may be subdivided legally by the mechanisms described in subsections
   B through D above, in cases where the resulting parcels do not meet the minimum
   area and bulk requirements for the zoning district in which they are located, variances
   from Chapter 205, Zoning, must be secured prior to development of said parcels.

                      ARTICLE XIII, Enforcement and Penalties

§ 187-81. Building and occupancy permits; guaranties.

A. No building permit shall be issued, nor shall construction be authorized, by the
   county on lands where a subdivision or land development plan is required to be
   approved and/or recorded as provided herein until the compliance with this chapter
   and other applicable provisions regarding the use of any structure or land where a
   subdivision or land development plan is required to be approved and/or recorded as
   provided herein has been determined by the Department of Planning Services.

B. No building permit shall be issued until either all required improvements have been
   installed, constructed, or placed for the lot in an acceptable manner to the county or
   until the subdivider or developer files a performance bond or other guarantee with the
   county for any incomplete public street or other required improvements. The bond or
   other guarantee shall be in an amount and shall contain such terms and conditions as
   the Director of Planning Services or designee, Director of Public Works,, and County
   Attorney may determine. The effective period of such bond or other guarantee shall
   not exceed one year and shall be updated and reviewed annually at the discretion of
   the Director of Planning Services.

C. The required amount of a bond or other guaranty of any subdivider or developer
   exercising this option shall be determined as outlined below:

   1. Performance bond. The total required amount of a performance bond shall be
      equal to 125% of the total estimated cost of the bonded improvements plus 2% of
      this total estimated cost for each month of the bond's term. For example, a twelve-
      month bond shall be in an amount equal to:

1.25 (total estimated cost) + 0.02(12) (total estimated cost) = 1.49 (total estimated cost)
or 149% of the total estimated cost of the bonded improvement

   2. Certified check (make payable to Kent County). The total required amount of a
      certified check to be held by the county shall be equal to the total estimated cost
      of the improvements to be covered plus 2% for each month until the agreed upon
       completion date. For example, a certified check guaranteeing completion within
       12 months shall be in an amount equal to:

Total estimated cost + 0.02(12) (total estimated cost) = 1.24 (total estimated cost) or
124% of the total estimated cost

D. Other forms of surety will not be accepted without the approval of the Director of
   Planning Services.

§ 187-82. Violations and penalties.

A. Any owner or agent of the owner of any land located within the jurisdiction of these
   regulations, who knowingly or with intent to defraud, transfers or sells or agrees to
   sell or negotiates to sell any land by reference to, or exhibition of or by other use of a
   plat of land subdivision before such plat has been approved by the Commission and
   recorded or filed in the office of the Recorder of Deeds shall forfeit and pay a penalty
   in accordance with subsection C below. The Levy Court may enjoin such transfer or
   sale or agreement by action for injunction brought in any court of equity jurisdiction
   or may recover the said penalty by civil action in any court of competent jurisdiction.

B. Every act or omission in violation of this chapter shall be punishable as provided
   herein. Where such an act or omission is of a continuing nature, each and every day
   during which such act or omission continues shall be deemed a separate
   misdemeanor.

C. If any building or structure is or is proposed to be erected, constructed, reconstructed,
   altered, maintained, or used or any land is or is proposed to be used in violation of
   this chapter, the county government may, in addition to other remedies provided by
   law, institute injunction, mandamus, abatement, or any other appropriate action or
   actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful
   erection, construction, reconstruction, alteration, maintenance, or use.

D. Any person or corporation who violates any of the provisions of this chapter or fails
   to comply therewith, or with any of the requirements thereof, or who builds or alters
   any building in violation of any detailed statement or plan submitted and approved
   hereunder, shall be guilty of a misdemeanor or of a civil offense, and shall be liable to
   a fine of not less than $100 nor more than $1,000 or be imprisoned not more than 10
   days, or both, and each and every day such violation shall continue shall be deemed a
   separate offense. The Division Head of Inspections and Enforcement or designee, any
   other Code Enforcement Official, or attorney hired by or retained by the county shall
   bring charges of any violation(s) pursuant to this provision in a court of competent
   jurisdiction of the State of Delaware in and for Kent County, which court shall have
   original jurisdiction for such matters. The minimum fine of $100 is mandatory and is
   not subject to suspension or reduction.
E. The owner or owners of any building or premises, or part thereof, where anything in
   violation of this chapter shall be placed or shall exist, and any architect, builder,
   contractor, agent, person or corporation employed in connection therewith who have
   assisted in the commission of any such violation shall be guilty of a separate offense
   and upon conviction thereof shall be fined and/or imprisoned as hereinbefore
   provided.


                                ARTICLE XIV, Appeals

§ 187-83. Appeal procedure.

A. Any applicant aggrieved by a finding, decision, or recommendation of the
   Commission and/or its staff may request and shall receive an opportunity to appear
   before the Commission to present additional relevant information and request
   reconsideration of the original finding, decision, or recommendation, or said applicant
   may appeal said finding, decision, or recommendation to the Levy Court within 30
   days.

B. If, after requesting the Commission to reconsider the denial of any preliminary or
   final plan, the applicant still feels that such action is unreasonable and causes him/her
   unjustifiable hardship, he/she may appear before the Levy Court to request a
   reconsideration of the denial of said preliminary or final plan.

C. All decisions of the Levy Court pursuant to applications made under this chapter are
   appealable to the Superior Court of Kent County within thirty (30) days of said
   decision. When such appeal has been filed with the Prothonotary of Kent County, the
   Prothonotary shall give notice to the Clerk of the Peace of Kent County, who shall
   transmit to the Prothonotary within 10 days the written decision of the Levy Court,
   which decision shall set forth the legal and factual basis for the refusal of the Levy
   Court to permit the recording of the plat in the manner requested.


                      ARTICLE XV, Changes and Amendments

§ 187-84. Amendment procedure.

A. The Levy Court may, from time to time, amend, supplement, or change, by
   ordinance, the regulations herein established. Any such amendment or change may be
   initiated by resolution of the Levy Court or by motion of the Commission. Before
   taking action on any proposed amendment or change, the Levy Court shall submit the
   same to the Commission for its recommendation and report. Failure of the
   Commission to report within 60 days after its first meeting subsequent to the proposal
   being referred shall be deemed approval by the Commission.
B. The Commission shall hold a public hearing on any proposed amendment or change
   before submitting its report to the Levy Court. Notice of such public hearing before
   the Commission shall be given at least 15 days prior to the hearing by publishing the
   time, the place, and the nature of the hearing in a newspaper having general daily
   circulation in the county. The published notice shall contain reference to the place or
   places within the county where the full text of the proposed amendment or change
   may be examined.

C. Before approving any proposed amendment or change, the Levy Court shall hold a
   public hearing thereon, notice of said hearing to be accomplished by publication in a
   newspaper as prescribed above.



                          ARTICLE XVI Severability; Repealer

§ 187-85. Severability.

If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be
adjudged invalid or held unconstitutional, the same shall not affect the validity of this
chapter as a whole or any part of provision thereof, other than the part so decided to be
invalid or unconstitutional.

§ 187-86. Repealer.

This chapter constitutes a plan of subdivision and land development and al prior
subdivision and land development design ordinances are hereby superceded and repealed.
Appendix A. Major Subdivision Plan Requirements

Item                                                          Sketch Plan   Preliminary Plan   Final plan


Proposed Subdivision Name approved by 911                     X             X                  X
Accurate Location Map                                         X (general)   X                  X
Soils Map                                                                   X                  X
Wetlands Map                                                  X (general)   X                  X
Locating Dimension to Nearest Intersection                                  X                  X
Name and Address of:
1. Owners of Record                                           X             X                  X
2. Developer                                                  X             X                  X
3. Surveyor or Engineer                                       X             X                  X
Scale of Plan                                                               X                  X
Date of Preparation                                           X             X                  X
Accurate North Arrows on the plan and the location map        X             X                  X

Boundaries of Land Being Subdivided In Heavy Outline          X (general)   X                  X
Dimensions Around the Perimeter of the Subdivision                          X                  X
A Data Column with at least the following information:
1. Kent County Property Identification Number                 X             X                  X
2. Zoning Classification                                      X             X                  X
3. Total number of lots                                       X             X                  X
4. Total acreage within the Boundaries                        X (general)   X                  X
5. Total acreage within streets/Right-of-way                                X                  X
6. Total acreage within lots                                                X                  X
7. Total acreage within Active Recreation Area Open                         X                  X
Space
8. Total acreage within Passive Open Space                                  X                  X
9. Total acreage within Storm Water Management Area           X (general)   X (general)        X


10. Total acreage within other boundaries (e.g. 404 Federal                 X                  X
wetlands)
11. Minimum Lot Area (sq. ft.)                                              X                  X
12. Maximum Lot Area (sq. ft.)                                              X                  X
13. Average Lot Area (sq. ft.)                                X             X                  X
14. Density (number of lots per gross acre)                                 X                  X
15. Number of Permanent Monuments found and placed                          X                  X
(locate and describe on plan)
16. Type of Utilities                                                       X                  X
Item                                                          Sketch Plan   Preliminary Plan   Final plan
17. Total Acreage within Woodland Preservation                              X                  X
18. Percent Impervious Cover                                               X                  X
19. Percent Slope                                                          X                  X
20. File Number Assigned by Kent County                                                       X
21. Proposed Use                                             X             X                  X
22. Relation to Growth Zone                                  X             X                  X
Name and Location of Adjacent Subdivision (include plot                    X                  X
book and page number and record date)
Current Owners Names for Adjacent Properties                               X                  X
Topography contours at one foot (1’) intervals or less                     X                  X
Reference Topography Contours to U.S. Geological Survey                    X                  X
Data
Location of Existing:
1. Property Lines                                                          X                  X
2. Streets                                                   X             X                  X
3. Alleys                                                                                     X
4. Easements                                                               X                  X
5. Buildings/Structures                                                    X                  X
6. Utilities                                                               X                  X
7. Wooded Areas                                              X (general)   X                  X
8. Water Courses                                             X             X                  X
9. Tax Ditches                                               X             X                  X
10. Wetlands (Notation on plan indicating name of            X (general)   X                  X
wetlands consultant and the date of the field analysis and
report and date of submission (if required) to the Army
Corps of Engineers or the Natural Resources Conservation
Service.)

11. Other significant Natural or Man-Made Features                         X                  X
(Describe)
Delineation of 100-Year Flood Plain as Delineated on the     X             X                  X
Federal Flood Plain Boundary Map
Present Zoning Classification and Zoning District                          X                  X
Boundary Lines of Proposed Subdivision
Present Zoning Classification and Zoning District                                             X
Boundary Lines of Adjacent Properties
Description of proposed lots or parcels showing:
1. An overall layout                                                       X                  X
2. Consecutive Numbering Starting with Lot #1                              X                  X
Item                                                         Sketch Plan   Preliminary Plan   Final plan
3. Lot Dimensions (bearings and distances)                                 X                  X
4. Lot Areas (square feet if less than one acre)                           X                  X
5. Required and Dimensioned Setback Along All Lot Lines                   X                    X


Location of all proposed:
1. Utilities                                                              X (general)          X
2. Drainage Facilities                                                    X (general)          X
Layout and Dimensions of all Streets, Alleys, entrances     X (general)   X                    X
Easements and lot line easements unless a utility plan                    X (general)          X
identifies all utilities
Identification (by name) of all Traffic Ways and                          X                    X
Identification of all Pedestrian Ways and Easements to be
Dedicated to Public Use
Special Features at the Entrance, such as a sign or                                            X
landscaping
A typical paving cross-section diagram                                    X                    X
Required and Dimensioned Buffers                            X             X                    X
Landscape Plans                                                           X (general layout)   X
Owner's Certification                                                                          X
Engineer's or Land Surveyor's Certification                                                    X
Wetlands Delineation Certification                                                             X
All applicable notes                                                                           X
Properties in Same ownership                                                                   X (upon
                                                                                               recordation)
Appendix B. Schedule A

                                 APPENDIX B. Schedule A


A. Developer will clear Active Recreation and Pedestrian-Access Open Spaces of garbage,
   debris, and any refuse, and shall refrain from burying any debris in the Neighborhood Open
   Space.

B. Developer shall grade all Active Recreation and Pedestrian-Access Open Spaces above the
   100-year flood line so that no standing water will remain after a 4-hour period, after a 2-inch
   rain, and shall not be directly subject to periodic inundation and saturation pursuant to an
   approved stormwater management facility, shall consist of non hydric soils, with sufficient
   topsoil for the continuous maintenance of healthy turf grass and all have a positive drainage
   outfall. Compaction due to heavy equipment or soil stock piles shall be mitigated by chisel-
   tooth or other approved practices prior to establishing the finished grade and seeding.

C. Developer shall maintain the Active Recreation and Pedestrian-Access Open Spaces in a
   condition suitable for the recreation or pedestrian use. This shall include the establishment
   and maintenance of a turf suitable for recreation use and foot traffic use according to
   standards indicated after a composite turf grass soil test conducted by the University of
   Delaware.

D. Items I-III must be completed prior to the assumption of any maintenance authority or
   responsibility by the Home Owners Association or Maintenance Corporation.

E. The Declarant herein agrees to an inspection of the Active Recreation and Pedestrian-Access
   Open Spaces prior to transfer of control of said lands to the Home Owners Association or
   Maintenance Corporation.

F.    Example of Active Recreation and Pedestrian Access Open Space Establishment and
     Maintenance:

        a. After compaction is mitigated and the site graded with no less than 6" topsoil, York
           rake and culti-pack to a positively drained finished grade.
        b. Lime - 2 tons per acre (less if past farmland limed within 4 years)
        c. Spread lime and fertilizer and disc into topsoil 3 - 4 inches
        d. Fertilizer
           (1)      500 lbs. per acre 10-10-10
           (2)      Up to 1000 lbs. per acre if it is “disturbed ground”
           (3)      Less fertilizer if land was past farmland active in last year
        e. Seed - 240 lbs. per acre per University of Delaware turf grass recommendations or
           33% Perennial Ryegrass and 66% Tall Fescue (Kentucky 31)
        f. Preferable dates March 15 - May 30 or August 31 - October 15
        g. Mowing not less than 2 ½ inches in height; often enough so as not to leave matted
           dead grass and to discourage clumping or bare spots.
        h. Top dress annually or as needed according to soil test by the University of Delaware.
Appendix C. Land Development Plan Requirements

Item                                                          Sketch Plan   Preliminary Plan   Final plan


Proposed Name of Project                                      X             X                  X
Accurate Location Map                                         X (general)   X                  X
Soils Map                                                                   X                  X
Wetlands Map                                                  X (general)   X                  X
Dimension from center line of site entrance to center line                  X                  X
of nearest road intersection
Name and Address of:
1. Owners of Record                                           X             X                  X
2. Developer/Equitable Owner                                  X             X                  X
3. Surveyor or Engineer                                       X             X                  X
 Scale (no smaller than 1" = 100')                                          X                  X
Date of Preparation                                           X             X                  X
Accurate North Arrows on the plan and the location map        X (general)   X                  X

Boundaries of Land Being Subdivided In Heavy Outline          X             X                  X
Dimensions of the Property                                                  X                  X
A Data Column with at least the following information:
1. Kent County Property Identification Number                 X             X                  X
2. Zoning Classification                                      X             X                  X
4. Total acreage within the Boundaries                        X             X                  X
5. Total acreage within streets                                             X                  X
7. Total acreage within Active Recreation Area                              X                  X
8. Total acreage within Passive Recreation Area                             X                  X
9. Total acreage within Storm Water Management Area           X (general)   X                  X
10. Total acreage within other boundaries (e.g. 404 Federal                 X                  X
wetlands)
11. Total number of lots
12. Dwelling Units (Type and Number)
13. Minimum Lot Area (sq. ft.)                                              X                  X
14. Maximum Lot Area (sq. ft.)                                              X                  X
15. Average Lot Area (sq. ft.)                                X             X                  X
16. Number of Permanent Monuments found and placed                          X                  X
(locate and describe on plan)
17. Type of Utilities                                                       X                  X
18. Total Acreage with Woodland Preservation                                X                  X
Item                                                          Sketch Plan   Preliminary Plan   Final plan
19. Percent of Impervious Cover                                             X                  X
20. Percent Slope                                                           X                  X
20. File Number Assigned by Kent County                                                       X
21. Proposed Use                                         X                 X                  X
22. Relation to Growth Zone                              X                 X                  X
Name and Location of Adjacent Subdivisions (include plot                   X                  X
book and page number and record date)
Topography contours at one foot (1’) intervals or less                                        X
Reference Topography Contours to U.S. Geological Survey                    X                  X
Data
Location of Existing:
1. Property Lines                                                          X                  X
2. Streets                                                   X             X                  X
3. Alleys                                                                                     X
4. Easements                                                               X                  X
5. Buildings/Structures                                                    X                  X
6. Utilities                                                               X                  X
7. Wooded Areas                                                            X                  X
8. Water Courses                                             X             X                  X
9. Tax Ditches                                               X             X                  X
10. Wetlands (Notation on plan indicating name of            X (general)   X                  X
wetlands consultant and the date of the field analysis and
report and date of submission to the Army Corps of
Engineers or the Natural Resources Conservation Service.)


11. Other significant Natural or Man-Made Features                         X                  X
(Describe)
Delineation of 100-Year Flood Plain as Delineated on the     X             X                  X
Federal Flood Plain Boundary Map
Present Zoning Classification and Zoning District                          X                  X
Boundary Lines of Proposed Subdivision
Present Zoning Classification and Zoning District                                             X
Boundary Lines of Adjacent Properties
Proposed Use(s)                                                                               X
Description of proposed lots or parcels showing:
1. An overall layout                                                       X                  X
2. Consecutive Numbering Starting with Lot #1                              X                  X
3. Lot Dimensions (bearings and distances)                                 X                  X
Item                                                    Sketch Plan        Preliminary Plan   Final plan
4. Lot Areas (square feet if less than one acre)                           X                  X
5. Required and Dimensioned Setback Along All Lot Lines                    X                  X


Location of all proposed:
1. Utilities                                                              X   X
2. Drainage Facilities                                                    X   X
3. Loading Areas                                                          X   X
4. Outdoor lighting systems                                               X   X
5. Parking Facilities                                       X             X   X
6. Structures                                               X             X   X
Layout and Dimensions of all Streets, Alleys, entrances     X (general)   X   X
Easements and lot line easements unless a utility plan                    X   X
identifies all utilities
Identification (by name) of all Traffic Ways and                          X   X
Identification of all Pedestrian Ways and Easements to be
Dedicated to Public Use
Special Features at the Entrance, such as a sign or                           X
landscaping
A typical paving cross-section diagram                                        X
Required and Dimensioned Buffers                            X             X   X
Landscape Plans                                                           X   X
Owner's Certification                                                         X
Engineer's or Land Surveyor's Certification                                   X
Wetlands Delineation Certification                                            X
All applicable notes                                                          X
Properties in Same ownership                                                  X (upon
                                                                              recordation)
Appendix D. Administrative Plan Requirements

Requirement                                                 Minor         Minor Lot         Consolidation
                                                            Subdivision   Line Adjustment   of Lots


Sealed plan prepared by a registered land surveyor or       X             X                 X
licensed engineer
Scale of 1” to 100’ or larger                               X             X                 X

Prepared on an 11”x17” sheet or larger                      X             X                 X

Proposed Subdivision Street Name approved by 911            X
(serving three (3) or more lots)
Accurate Location Map – outline original parcel and         X             X                 X
darken lots being subdivided

Locating Dimension to Nearest Intersection from a known X                 X                 X
point
Name and Address of:
    1. Owners of Record                                     X             X                 X
  2. Surveyor or Engineer                                   X             X                 X
Date of Preparation                                         X             X                 X

Accurate North Arrows on the plan and the location map      X             X                 X

Boundaries of Land Being Subdivided In Heavy Outline        X             X
(large parcels may use a schematic rather than surveyed
drawing)
A Data Column with at least the following information:

1. Kent County Property Identification Number, all or       X             X                 X
part of
2. Zoning Classification                                    X             X                 X

3. Total number of lots                                     X             X                 X
4. Setbacks (private street setbacks pertain only to lots   X             X                 X
being served by the street)
5.   Total acreage within the Boundaries                    X             X                 X

6.   Total acreage within streets                           X             X                 X
7.   Total acreage within lots                              X             X                 X


Requirement                                                 Minor         Minor Lot         Consolidation
                                                            Subdivision   Line Adjustment   of Lots
8.   Total acreage within other boundaries (specify)          X             X                 X

9.   Area and frontage of residual area                       X

10. Impervious coverage permitted                             X             X                 X

11. Density (number of lots per gross acre)                   X             X                 X

12. Number of Permanent Monuments found and placed            X             X                 X
(locate and describe on plan), at least one monument from
the point of beginning is required
13. Type of Utilities                                         X             X                 X

Current Owners Names for Adjacent Properties and deed         X             X                 X
references
Location of Existing:
1. Property Lines                                             X             X                 X

2. Streets (existing right-of-way width, road name, road X                  X                 X
number, and classification)

3.   Easements                                                X             X                 X

4.   Buildings and Structures, noting type (on entire site)   X             X                 X

5.   Utilities                                                X             X                 X

6.   Water Courses                                            X             X                 X

7.   Tax Ditches                                              X             X                 X

8. Wetlands (Notation on plan indicating name of              X             X                 X
wetlands consultant and the date of the field analysis and
report.)
9. Other significant Natural or Man-Made Features             X             X                 X
(Describe)
Delineation of 100-Year Flood Plain as Delineated on the      X             X                 X
Federal Flood Plain Boundary Map and flood map panel
number
Present Zoning Classification and Zoning District             X             X                 X
Boundary Lines of Proposed Subdivision
Present Zoning Classification and Zoning District             X             X                 X
Boundary Lines of Adjacent Properties
Proposed Use(s) of the area being platted                     X             X                 X


Requirement                                                   Minor         Minor Lot         Consolidation
                                                              Subdivision   Line Adjustment   of Lots
Description of proposed lots or parcels showing:
1. An overall layout                                          X             X                 X
2. Consecutive Numbering Starting with Lot #1              X       X
3.    Lot Dimensions (bearings, distances, and arc data)   X   X   X
4.    Lot Areas                                            X   X   X
5. Required and Dimensioned Setbacks Along All Lot         X   X   X
Lines
6. Proposed lot line adjustment as a dashed line               X
7. Amount of area affected by the lot line adjustment          X
8. Proposed lot area as a heavy line                               X
9. Amount of lot area affected by the combination                  X
10. Proposed lease or mortgage line
11. Utilities                                              X
Layout and Dimensions of all Streets                       X
Layout and Dimensions of all Easements                     X
Special Features at the Entrance, such as a sign or        X
Landscaping
A typical paving cross-section diagram for any proposed    X
private street
Locate entrances for created lots                          X       X
Owner's Certification                                      X   X   X
Engineer's or Land Surveyor's Certification                X   X   X
All applicable notes                                       X   X   X

								
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