The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
[Amended 3-16-2007 by Ord. No. 422; 8-15-2008 by Ord. No.
442]
All subdivisions and Planned Residential Developments
(PRDs) shall conform to design standards that will encourage good
development patterns within the Town. The Town's requirements of streets,
drainage right-of-way, storm sewer, public parks and playgrounds shall
be satisfied before approval of a subdivision plat as well as the
preliminary and final plans of PRDs where applicable. The streets,
drainage right-of-way, storm sewer or sanitary sewer plans shall be
such as to lend themselves to the harmonious development of the Town
and enhance the public welfare in accordance with the following design
standards.
A.
General considerations.
(1)
Required:
(a)
Structures shall have a mix of styles, sizes,
facades, roof pitches and color. For all subdivisions and PRDs, an
artist rendition and/or a computer-generated illustration of the exterior
of the proposed structure(s) shall be provided with both the preliminary
and final plans.
(b)
The developer shall take a creative approach
to the use of the land and related physical development, as well as
utilizing innovative techniques to enhance the visual character of
the development.
(c)
The minimization of erosion and sedimentation,
minimization of changes in groundwater levels and increased rates
of runoff, minimization of the potential for flooding and design of
drainage so that groundwater recharge is maximized.
(2)
Encouraged:
(a)
Flexibility in design to take the greatest advantage
of native landscapes, existing community character and layout, trees
and other native vegetation as well as other unique features.
(b)
Architectural styles that reflect traditional
architecture of our beach community shall be encouraged.
(c)
The efficient use of the land that may result
in the reduction of development and future maintenance costs of street
and utility systems is highly encouraged.
(d)
Provide and incorporate planning principles
to support pedestrian, bike use as well as motor vehicle use within
and outside the subdivision or PRD.
B.
Open space requirements.
(1)
Required:
(a)
Open space shall be provided within all subdivisions
and PRDs. Open spaces are typically maintained as common open space
areas consisting of but not limited to lawns, trees, landscaping,
sidewalks or pathways and benches. Open space systems shall consist
of both active and/or passive uses and area.
(b)
Open space areas shall not comprise less than
10% of the gross area of the subdivision or PRD. All open space may
be open to the residents within the subdivision or PRD or be dedicated
to the Town upon mutual agreement between the applicant and/or the
developer and the Town.
(c)
Open space areas shall be arranged where possible
to maintain contiguity with open space areas on adjacent lands in
order to ensure the potential for a contiguous open space network
throughout the Town.
(d)
The size and location and configuration of open
space shall provide adequate access to residents within the subdivision
or PRD and enable appropriate access for maintenance. Long, thin or
inaccessible areas of open space shall be avoided.
C.
Landscaping requirements.
(1)
Required:
(a)
Landscape plans with perennial elements with
a focus of using native species shall be used to enhance the survival
rate of the plantings.
(b)
Every attempt shall be made to protect existing
mature trees and where possible they shall be incorporated into the
design of the subdivision or PRD.
(c)
Minimization of the loss of existing vegetation,
minimization of the soil removal from the site with minimal grade
changes shall be required.
(d)
Landscaped buffers using a combination of berms
and/or plantings shall be used to buffer uses within the subdivision
or PRD from nearby roadways.
(e)
For all subdivisions and PRDs, the developer
shall replace all dead trees and shrubs that are part of the development's
landscape design prior to transferring management responsibilities
to a homeowner association or equivalent.
(2)
Encouraged:
(a)
Street trees may be provided and shall be planted
outside of the Town right-of-way. Adequate planting strips shall be
provided for street trees and other landscaping. Plant species shall
be utilized that will minimize future detrimental impacts to sidewalks
and streets due to root growth.
D.
Street network, access and circulation requirements.
(2)
Encouraged:
(a)
If applicable, a hierarchy of streets shall
be provided which promotes safe residential access and efficient circulation
through the subdivision or PRD.
(b)
Any through traffic shall be restricted to proposed
collector streets within the subdivision or PRD. Interconnectivity
with existing adjacent street networks shall be achieved if at all
possible.
(c)
The use of alleys shall be encouraged to allow
vehicular access and parking on the side and rear of residential lots.
(d)
Street width may be reduced in designated areas
of subdivisions and PRDs if the developer/builder can demonstrate
that the design does not compromise the health, safety and welfare
of the community and provides adequate emergency access to the structures.
A.
The arrangement of streets shall be such as to provide
for connections to existing streets or streets deemed necessary for
future development.
B.
The right-of-way width shall be not less than 50 feet
for minor streets and 60 feet for collector streets, measured from
lot line to lot line. Internal roads, alleys, driveways, aisles and
parking areas shall be designed and built to satisfy traffic and safety
requirements.
C.
The surface of a street shall be improved in compliance
with Town street specifications. The paved width shall be no less
than 22 feet on a minor street. A collector street may be required
to be wider to satisfy traffic and safety requirements. Paving shall
be done an equal distance on each side of the center line of the right-of-way.
D.
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the paving line with
a curve having a radius of not less than 25 feet when at a ninety-degree
angle.
E.
Street jogs with center-line offsets of less than
125 feet shall be prohibited.
F.
When connecting street lines deflect from each other
at any one point by more than 10° but less than 60°, they
shall be connected by a curve with a radius of not less than 100 feet.
G.
Cul-de-sac or dead-end streets.
[Amended 6-20-2008 by Ord. No. 437]
(1)
Dead-end streets are only appropriate when the surrounding
properties will never need a street connection or because of extremely
sensitive and permanently protected natural sources or where the project
provides a viable alternative pedestrian and bicycle connection to
the surrounding properties.
(2)
Dead-end streets shall not be longer than 400 feet.
(3)
All dead-end streets that terminate using a cul-de-sac
shall use a permanent teardrop-shaped cul-de-sac with a turnaround
at the end with a minimum radius of 50 feet.
(4)
A turnaround shall be permitted in-lieu of a cul-de-sac
for dead-end streets. Turnaround designs for dead-end streets approved
by the State of Delaware can be found in the Delaware State Fire Prevention
Regulations manual. One such state approved turnaround design is the
hammerhead. The hammerhead alternative shall be designed as a "T"
in accordance with the figure below to allow emergency vehicles, municipal
trucks and other large vehicles the ability to turn around with only
one backing-up movement.
H.
No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name.
I.
The right-of-way line of all streets shall be permanently
marked by concrete monuments at all course changes in the right-of-way
line.
J.
The design of paving, subbase and subgrade shall be
based on the type of soil as shown by test borings and shall be based
on the most current standards.
[Amended 3-18-1983 by Ord. No. 113; 3-16-2007 by Ord. No.
422]
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by Chapter 425, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
B.
In so far as is practical, side lot lines shall be
at right angles to a straight street and radial to curved streets.
C.
Where there is a question as to the suitability for
development of a lot or lots, the Planning and Zoning Commission[1] may, after adequate investigation of flood conditions,
wetlands or similar conditions, withhold development approval of such
areas.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
D.
Lots fronting on a collector and minor street shall
establish access on the minor street only.
E.
All lot corners shall be permanently marked by iron-rod
monuments, or other approved permanent monuments.
[Amended 3-16-2007 by Ord. No. 422]
A.
In developments, easements along real property lines
or elsewhere for utility installation shall be required. Such easements
shall be at least 10 feet wide and located in consultation with the
companies or municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse,
drainage way, channel or stream, there shall be provided an easement
or drainage right-of-way conforming substantially with the lines of
such watercourse.
C.
A drainage way, bio swale, retention pond or ditch,
existing or proposed that would be a hazard to health and life shall
be adequately replaced by an underground storm sewer pipe.
[Amended 3-16-2007 by Ord. No. 422]
Land subject to flooding and land deemed by
the Board to be uninhabitable shall not be platted for residential
occupancy nor for such other uses as may increase danger to health,
life or property or aggravate the flood hazard, but such land with
the plat shall be set aside for such uses as will not be endangered
by periodic or occasional inundation or will not produce unsatisfactory
living conditions or shall be adequately drained and filled in accordance
with regulations to the satisfaction of the Planning and Zoning
Commission.[1]
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established
the Planning and Zoning Commission. Pursuant to this ordinance, references
throughout the Code to the “Planning Commission” have
been revised to the “Planning and Zoning Commission.”
All public utilities and facilities such as
sewer, gas, electrical and water systems shall be located and constructed
so as to minimize or eliminate flood damage and to prevent infiltration
of floodwaters. Subdivisions utilizing on-site septic systems shall
not be approved.
