A.
Street design objectives. New streets constructed as a part of a
subdivision or land development proposal or extensions and reconstruction
of existing streets shall be designed to achieve the following objectives:
(1)
Support the current and future need for safe and convenient vehicular
circulation.
(2)
Support the current and future need for safe, convenient and accessible
pedestrian circulation.
(3)
Integrate new streets into the Town's existing street network by
extending and respecting the existing grid character of the Town's
historic street pattern.
(4)
Limit the need for excessive grading, stormwater management and disturbance
of environmentally sensitive areas.
B.
Street network.
(1)
Whenever possible, new development shall incorporate the extension
of the Town's existing streets and rights-of-way.
(2)
Where topography, site size and shape permit, new development shall
to the greatest extent possible utilize a grid system of streets,
consisting of a formal block layout, right-angled intersections and
through streets to expand upon the Town's historic street pattern.
Dead-end streets shall be avoided whenever possible.
(3)
All developments shall include a minimum of two access points to
a collector or arterial street.
(4)
When a vehicular connection is not provided, because of physical
or environmental restraints, between residential developments, a pedestrian
connection must be provided.
C.
Cul-de-sac streets.
(1)
Cul-de-sac streets may be used only when, due to physical or environmental
constraints, a through street connection cannot be achieved.
(2)
In any case, cul-de-sac streets may provide access for no more than
five dwelling units.
(3)
The turnaround of a cul-de-sac street shall have minimum radius of
40 feet to the pavement edge or curbline.
D.
Right-of-way and cartway widths.
(1)
The minimum right-of-way width and cartway widths for new streets
shall be according to the following schedule:
|
Street Type
|
Right-of-Way Width
(feet)
|
Cartway Width
(feet)
| |
|---|---|---|---|
|
Arterial
|
Pursuant to DelDOT requirements
| ||
|
Collector
|
60
|
34
| |
|
Local (cul-de-sac)
|
50
|
24
|
(2)
When a subdivision or land development obtains frontage on a street
possessing insufficient right-of-way or cartway width, the applicant
shall be required to dedicate 1/2 of the necessary additional right-of-way
or cartway width, measured from the existing center line of the street,
to meet the ultimate right-of-way and cartway width requirements of
this section.
F.
Street grades.
(1)
The minimum center-line grade for all streets shall be 0.5%.
(2)
The maximum center-line grade for local streets shall be 10%. The
maximum center-line grade for collector or arterial streets shall
be 6%.
(3)
Where the grade of any street at the approach to an intersection
exceeds 7%, a leveling area shall be provided having not greater than
four-percent grade for a distance of 25 feet measured from the nearest
right-of-way line of the intersecting street.
G.
Intersections.
(1)
Streets shall be laid out to intersect as nearly as possible at right
angles. No street shall intersect another at an angle of less than
60°.
(2)
Multiple intersections involving the junction of more than two streets
are prohibited.
(3)
Clear sight triangles of 75 feet measured along street center lines
from their point of intersection shall be provided at all street intersections,
and no buildings or structures shall be permitted within said sight
triangle.
(4)
The minimum curb radii at street intersections shall be 15 feet for
intersections involving only local streets and 25 feet for intersection
involving collector roads and radii as deemed suitable by DelDOT for
arterial roadways.
H.
Driveways.
(1)
Driveway entrances may be constructed no closer than 40 feet to any
intersection. The measurement shall be taken from the lot corner closest
to the two intersecting streets. The Building Official may approve
a distance shorter than 40 feet if adherence to the requirement would
prevent driveway access to the property.
[Amended 11-17-2023 by Ord. No. 825]
(2)
The maximum width of any driveway entrance shall be 20 feet.
(3)
Each lot shall have no more than one twenty-foot-wide driveway entrance,
or two ten-foot-wide driveway entrances with a minimum of 20 feet
of unencumbered space between such entrances to provide for public
parking. A corner lot may have one ten-foot-wide driveway entrance
on each of the two streets bordering the property.
[Amended 6-16-2023 by Ord. No. 814]
I.
Sidewalks.
(1)
Sidewalks shall be a minimum of five feet in width. Sidewalks in
any planned development, in areas of high pedestrian traffic, adjacent
to schools and churches, places of public assembly and along major
streets shall be of greater width, as directed by the Town Planner.
(2)
Developers shall be required to repair damaged sidewalks along all
roadways upon which their development obtains frontage. Any development
properties without sidewalks are required to install sidewalks in
situations where one or more of the side neighboring properties have
functioning sidewalks in place.
(3)
All street intersections, driveways or other interruptions of sidewalks
shall be equipped with sufficient ADA-compliant handicap ramps.
J.
Street construction. All streets, sidewalks, driveway aprons, depressed
curbs, handicap ramps, curbs and gutters shall be constructed according
to DelDOT standards and specifications.
K.
Street names. The selection of subdivision and street names shall
be coordinated with the post office and the Sussex County Department
of Public Safety and Emergency Communications to avoid possible duplication.
All street names shall be subject to the review and approval of the
Town Commissioners.
A.
Stormwater management plan.
(1)
A development resulting in a net increase of impervious surface on
any lot shall be required to prepare and submit a stormwater management
plan, indicating the methods and means by which post-development rate
of stormwater runoff from the site will be reduced to the pre-development
run-off condition. Storms analyzed shall include the one-, two-, ten-,
twenty-five- and one-hundred-year storms.
(2)
The developer may utilize on-site detention or retention systems
constructed above or below ground or may install such off-site improvements
necessary to accommodate the increase in run-off.
(3)
All stormwater management facilities shall be designed in accordance
with the State of Delaware Sediment and Stormwater Regulations and
will be subject to the review and approval of the Town professional.
B.
Storm sewers. All storm sewer pipelines shall be reinforced concrete
pipe, or equivalent, and shall be designed by either of the following
two methods. Both shall be based on the Manning equation and shall
utilize the "n" factor of 0.015. The minimum allowable pipe size is
15 inches.
(1)
Pipeline submerged.
(a)
This method is based on the assumption that when the storm sewer
system is under maximum load, hydraulic gradient will be at or above
the crown of the pipe and that flow in the lines will be controlled
by head differentials between structures or other locations where
the system is open to the ground surface, such as inlets or outlets,
manholes and stream inlets and outlets. The head of water above the
crown of any pipe can range from zero feet to a point, which will
not cause surface flooding.
(b)
The slope of the hydraulic gradient in any section of storm
sewer between opening to the surface shall be calculated on the assumption
that the pipe is flowing full at a constant velocity and at the required
capacity.
(c)
The elevation of the hydraulic gradient at any point in the
pipe shall be no lower than the crown of the pipe and no higher than
the surface of the ground.
(d)
The elevation of the hydraulic gradient at any point where the
system opens to the surface, such as an inlet or manhole, shall be
three feet six inches below the surface of the ground.
(e)
At all structures such as manholes, inlets, etc., where the
pipe size does not change, the elevation of the hydraulic gradient
shall be dropped 0.2 of a foot to allow for losses therein. Where
the inlet and outlet pipe sizes are not the same, the elevation of
the hydraulic gradient shall be dropped an amount based on the following
formula:
|
H = 0.2 feet + 0.8 (D1 — D2)
| ||||
|---|---|---|---|---|
|
Where:
| ||||
|
D1
|
=
|
Diameter of inlet pipe
| ||
|
D2
|
=
|
Diameter of outlet pipe
| ||
|
If D1 is larger than D2, head loss = 0.2 feet
| ||||
(f)
The minimum slope of any pipe shall be such that a minimum velocity
of 2.5 feet per second shall be maintained when the pipe is flowing
1/4 full.
(2)
Pipeline flowing full.
(a)
This method is based on the assumption that the hydraulic gradient
will match the inside top of the pipe when the system is under maximum
hydraulic load.
(b)
For this method, head losses through manholes, inlets, etc.
shall be ignored.
(c)
The minimum slope of any pipe shall be such that a minimum velocity
of 2.5 feet per second shall be maintained when the pipe is flowing
1/4 full.
(d)
When the pipe sizes change, the inside tops of the pipes shall
be matched.
(3)
Profile requirements. Continuous profiles for each reach of pipe
shall be plotted along with the hydraulic information pertinent to
each reach within the system. This information shall include the pipe
size and type, the "n" factor, slope of the pipe, the design capacity
and the velocity at the design capacity.
(4)
Endwalls. Standard DelDOT endwalls shall be installed on all influent
and effluent pipe.
(5)
Inlets.
(a)
Inlets conforming to DelDOT standards shall be utilized in all
applications. The type to be used shall depend on the particular application.
(b)
Sufficient inlets shall be located and constructed so as to
collect all of the flow in the contributory drainage area. In roadways
the inlets shall be spaced to allow a maximum gutter flow of 4.0 cubic
feet per second. Calculations of inlet capacities shall be in accordance
with DelDOT Guidelines.
(c)
The gutter of all inlets shall be set not less than two inches,
nor more than four inches, below the gutter grade. The surface of
the paving adjacent to the inlets shall be constructed to blend into
the lowered gutter grade at the inlet in such a manner that sudden
drop-off or dip at the inlet will not be created.
(d)
Where surface water is collected from two directions at one
street corner, an inlet shall be placed at or near the tangent points
of both ends of the radius. The use of an inlet in the radius shall
not be allowed.
(6)
Manholes. Manholes shall be located at intervals of approximately
250 feet where pipe sizes of 24 inches or less are used, and 400 feet
apart for larger sizes. Inlets should be substituted for manholes
where they will serve a useful purpose. Manholes or inlets shall be
placed at all changes of direction.
(7)
Open channel design. Open channel design should be based on the following
hydraulic considerations:
(a)
Manning's equations:
[1]
To determine n factor:
|
n
|
=
|
0.015 for best concret-lined ditch
| |
|---|---|---|---|
|
n
|
=
|
0.025 for best unlined ditch
| |
|
n
|
=
|
0.03 to 0.15 for fair to poor natural streams and watercourses
|
[2]
Allowable velocities:
|
Excavation Material
|
Allowable Velocity
(feet per second)
| |
|---|---|---|
|
Fine sand and firm loam
|
2.50 to 3.5
| |
|
Stiff clay and hardpan
|
3.75 to 6.0
| |
|
Concrete-lined ditch
|
15
|
(b)
Minimum one foot to zero feet of freeboard should be provided on
all channels at one-hundred-year storm flows.
(c)
The channel should be designed to conform, wherever possible,
to the adjacent ground conditions. This means that it should not be
projecting excessively above the surrounding ground or placed excessively
below the surrounding ground.
(d)
Continuous profiles for each reach of open channel shall be
plotted along with the adjacent average ground and the hydraulic information
pertinent to each reach within the system. This information shall
include the type of channel lining, the "n" factor, the width of the
channel bottom, the side slopes, the water depth, the design capacity
and the velocity at the design capacity.
(e)
Open channels shall have a maximum side slope of three to one
and shall have adequate slope protection as required by the Town.
(f)
No open watercourses shall be permitted within the right-of-way
of any street.
(8)
No open watercourses shall be permitted within the rights-of-way
of any street.
(9)
Location of sewers. Wherever practicable, storm sewers shall be located
behind the curb and within the right-of-way of the street. They shall
be protected by a cover of at least 18 inches.
(10)
Change in direction. In lieu of manholes or inlets, special
concrete pipe sections with a minimum radius of 10 times the inside
pipe diameter may be used where changes are made in direction.
(11)
Stormwater roof drains. Stormwater roof drains and pipes immediately
adjacent to a sidewalk shall not discharge water over a sidewalk but
shall extend under the sidewalk to the gutter. Where accessible, the
roof drain shall be connected with the storm drainage system of the
Town.
(12)
All storm sewer piping, inlets, catch basins, culverts and manholes
shall be designed and constructed pursuant to DelDOT standards and
specifications.
(13)
Storm sewers shall be constructed within public rights-of-way
or within an appropriate easement.
C.
Detention facilities.
(1)
Storage requirements.
(a)
Whenever an increase in runoff will occur as the result of development,
the developer will be required to provide permanent stormwater management
facilities to attain zero increase in runoff. The storage requirements
of all stormwater management facilities shall be computed in accordance
with the Soil Cover Complex Method and must be submitted to the Town
for review and, when required, to DNREC.
(b)
It should be noted that in addition to the permanent storage
facilities, the developer must provide adequate erosion and sedimentation
control measures in accordance with the County Conservation District
and DNREC.
(c)
The volume of storage provided shall equal the total additional
volume of runoff due to development based on a one-hundred-year frequency
twenty-four-hour-duration storm. The storage required may be based
on "after" construction flows rather than "during," provided that
the development is properly staged or other measures are taken to
retard the higher "during" construction flows. An additional storage
allowance of 0.06-acre inches must be provided to compensate for sediment
accumulation.
(2)
Discharge piping.
(a)
Discharge piping shall be reinforced concrete pipe and shall
be sized to maximize use and efficiency of the storage provided. Specifically,
the most critical duration one-hundred-year storm should fill the
storage facility to the spillway level without utilizing the spillway.
In no case shall the spillway be utilized in the design routing of
one-hundred-year storms.
(b)
The sizing of the discharge piping will therefore require detailed
analysis rather than a random sizing correlating to a "before" construction
standard frequency storm, such as a ten-year storm. The design engineer's
submittal to the Town must include calculations on the methodology
of sizing the piping. The capacity of all discharge piping shall be
based on "inlet control" or, where conditions warrant, "outlet control."
DNREC standards may be utilized for this.
(c)
Once the discharge piping is sized, storage versus elevation
versus discharge curve should be prepared and included with the submittal,
along with a routing of the most critical one-hundred-year storm.
Both ends of the discharge piping shall be provided with headwalls.
(d)
Erosion protection shall be provided in the form of riprap or
other acceptable means where required by the Town.
(e)
Anti-seep collars shall be provided for all discharge pipes.
The collars shall be a minimum of six inches thick and shall extend
a minimum of two feet in all directions from the outside walls of
the pipe.
(3)
Emergency spillway.
(a)
A concrete-lined emergency spillway shall be provided for all
storage facilities. Although the storage facility is designed so that
the spillway will not be used in a one-hundred-year storm the possibility
exists whereby the outlet pipe could be totally blocked during a storm.
For this reason, it is required that the spillway be sized to accommodate
the peak flow rate into the pond when the pond would be completely
full during a one-hundred-year storm assuming a totally blocked discharge
pipe.
(b)
The spillway capacity should be calculated by the formula
|
Q = 3.087 x ((D^3)) ^0.5 x L
| ||||
|---|---|---|---|---|
|
Where:
| ||||
|
Q
|
=
|
Capacity in cubic feet per second
| ||
|
D
|
=
|
Depth of spillway in feet
| ||
|
L
|
=
|
Length of spillway in feet
| ||
(c)
The minimum depth of spillway shall be two feet.
(4)
Storage area.
(a)
Side slopes in storage areas shall be no steeper than three
to one. Every effort should be made to blend the storage area into
the natural topography of its surroundings.
(b)
The bed of the storage area shall slope towards the discharge
pipe from all directions at a minimum slope of 1%.
(c)
Prior to grading in the storage area, the topsoil shall be stripped
and stockpiled. Upon completion of grading, the topsoil shall be redistributed
over the storage area (minimum six inches thick). The area should
then be seeded with a mixture approved by the Town Planner.
(d)
All fill material to be utilized in embankment areas shall be
selected from the more impervious materials available at the site
and shall be compacted to a minimum of 95% of the materials' maximum
dry density as determined by a Standard Proctor Test. Where necessary,
embankment fill materials shall be keyed into virgin soil. Where embankment
berms are used, a minimum ten-foot-wide flat area shall be provided
at the top of the berm (sieve analysis required to accompany submission).
(e)
The responsibility for the continued maintenance and operation
of the retention facility shall be the obligation of the property
owner or Town, whichever is applicable. A fence four feet in height
with a self-closing gate surrounding the basin may be required as
directed by the Town.
(f)
All storage areas must be located outside of the one-hundred-year
floodplain.
(g)
Underground storage beds will be given consideration in lieu
of aboveground conventional storage facilities.
D.
Water quality. Maximizing the groundwater recharge capacity of the
area being developed is required. Design of the infiltration facilities
shall consider groundwater recharge to compensate for the reduction
in the recharge that occurs when the ground surface is disturbed or
impervious surface is created.
(1)
Infiltration best management practices (BMPs) minimum requirements.
(a)
Infiltration BMPs intended to receive runoff from developed
areas shall be selected based on suitability of soils and site conditions
and shall be constructed on soils that have the following characteristics:
[1]
A minimum depth of 24 inches between the bottom of the BMP and
the top of the limiting zone.
[2]
An infiltration rate sufficient to accept the additional stormwater
load and dewater completely as determined by field tests conducted
by the applicant's design professional.
[3]
The infiltration facility shall be capable of completely infiltrating
the retention (infiltration) volume (Rev) within
four days (96 hours).
[4]
Pretreatment shall be provided prior to infiltration.
(b)
The size of the infiltration facility shall be based upon the
following volume criteria:
[1]
One inch from impervious surface: the retention (infiltration)
volume (Rev) will be equal to capturing one
inch of rainfall over all proposed impervious surfaces.
|
Rev =
I * impervious area (square feet) ÷ 12 (inches) = cubic feet
(cf)
|
[2]
Obtaining the Rev volume in Subsection
D(2)(b)[1] above may not be feasible on every site due to site-specific
limitations such as soil type. If it cannot be physically accomplished,
then the design professional shall be responsible for showing that
this cannot be physically accomplished. If it cannot be physically
accomplished, then the retention (infiltration) volume Rev required shall be as much as can be physically accomplished
with a minimum of 0.50 inch depending on demonstrated site conditions.
It has been determined that capturing and infiltrating 0.50 inch of
runoff from the impervious areas will aid in maintaining the hydrologic
regime (baseflow) of the watershed. If these goals cannot be achieved,
then 0.50 inch of rainfall shall be retained and infiltrated from
all impervious areas. The minimum recharge volume (Rev) required would, therefore, be computed as:
|
Rev = I * impervious area (square
feet) ÷ 12 (inches) = cubic feet (cf)
| ||||
|---|---|---|---|---|
|
An asterisk (*) in equations denotes multiplication.
| ||||
|
Where:
| ||||
|
I
|
=
|
The maximum equivalent infiltration amount (inches) that the
site can physically accept or 0.50 inch, whichever is greater.
| ||
[a]
The retention volume values derived are the minimum
volume the applicant must control through an infiltration BMP facility.
However, if a site has areas of soils where additional volume of retention
can be achieved, the applicant is encouraged to infiltrate as much
of the stormwater runoff from the site as possible.
[b]
If the minimum of 0.50 inch of infiltration requirement
cannot be achieved, a waiver would be required from the Town.
(2)
Soils. A detailed soils evaluation of the project site shall be required
to determine the suitability of infiltration facilities. The evaluation
shall be performed by a qualified design professional and at minimum
address soil permeability, depth to bedrock, and subgrade stability.
The general process for designing the infiltration BMP shall be:
(a)
Analyze hydrologic soil groups as well as natural and man-made
features within the site to determine general areas of suitability
for infiltration practices. In areas where development on fill material
is under consideration, conduct geotechnical investigations of subgrade
stability; infiltration may not be ruled out without conducting these
tests.
(b)
Provide field tests such as double ring infiltrometer or hydraulic
conductivity tests (at the level of the proposed infiltration surface)
to determine the appropriate hydraulic conductivity rate. Percolation
tests are not recommended for design purposes.
(c)
Design the infiltration structure for the required retention
(Rev) volume based on field-determined capacity
at the level of the proposed infiltration surface.
(d)
If on-lot infiltration structures are proposed by the applicant's
design professional, it must be demonstrated to the Town that the
soils are conducive to infiltrate on the lots identified.
E.
Exemptions from the water quality requirements.
(1)
Exemptions for land use activities. The following land use activities
are exempt from the water quality requirements of this chapter:
(a)
Road replacement, development, or redevelopment that has less
than 2,000 square feet of new, additional, or replaced impervious
surface/cover or, in the case of earth disturbance only, less than
5,000 square feet of disturbance, is exempt from this chapter.
A.
Grading plans. All proposals for development shall be accompanied
by a grading plan, indicating existing contours at two-foot intervals,
proposed grading, finished floor elevations and spot elevations sufficient
to describe the extent of all grading activities as well as existing
and proposed drainage patterns on the site.
B.
Grading design.
(1)
Site grading shall be accomplished in a manner so as not to disrupt
existing drainage patterns. Site grading shall seek to provide positive
drainage away from buildings and vehicular and pedestrian circulation
routes while avoiding the creation of architectural barriers and areas
of ponding and standing water.
(2)
In addition to the requirements of this article, development proposals
shall be designed to be consistent with the following design standards:
D.
Erosion control. All grading plans shall contain appropriate soil
erosion and sediment control measures in accordance with the applicable
regulations of the State of Delaware Sediment and Stormwater Regulations.
[Added 3-2-2021 by Ord. No. 761]
A.
Purposes. The Town of Dewey Beach has a critical interest in preserving
and promoting the aesthetics of beach lands, streets and roads within
its municipal boundaries and jurisdiction. The installation of small
cell technology is designed to enhance wireless capabilities while
harmoniously blending into the existing character and context of the
beach lands, streets and roads within the Town. Installation of small
cell technology shall take into consideration the aesthetics of the
area in which it will be placed. The Town desires to ensure its small
beach town character and the maintenance of the natural beauty of
its beaches when development occurs in any form.
B.
Applicability. This section applies to all wireless facilities within
the Town of Dewey Beach, including the expansion, collocation and/or
modification of any existing small cell facilities, subject to the
following procedures.
(1)
Permit. No wireless facility shall be erected, constructed,
installed or modified without first obtaining a permit from the Town
of Dewey Beach.
(2)
Town reviews of installations or maintenance of wireless facilities
covered by federal or state legislation are confined to the procedures
and limits on review and approval for siting, collocating and modifying
wireless facilities and equipment as defined by those regulations,
as amended, and all applicable codes regarding building standards.
Applications that include changes to or new wireless facilities not
specified by federal or state laws will be subject to additional Town
review procedures, guidelines, and fees.
(3)
This § 185-90.1 is not intended to, nor shall it be interpreted or applied to prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; unreasonably discriminate among providers of functionally equivalent services; deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions; prohibit any collocation or modification that the Town may not deny under federal law; or otherwise authorize the Town to preempt any applicable federal or Delaware state law.
C.
Wireless facilities review.
(1)
Prohibited on certain property.
(a)
Wireless facilities shall not be permitted on any property used
for residential purposes.
(b)
Wireless facilities shall not be permitted on the beach dunes
or east of the beach dunes.
(c)
Wireless facilities shall not be permitted on pedestrian sidewalks
unless ADA compliance standards can be met.
[Added 12-2-2021 by Ord.
No. 778]
(2)
Conditional use permit review. Conditional use permit approval as outlined in § 185-74 shall be required for all wireless facilities except for those circumstances in which administrative review is permitted.
(3)
Administrative review. The following types of wireless facilities shall not require conditional use permits and shall be reviewed administratively for compliance with this § 185-90.1:
(a)
Small cell facilities located on any existing wireless support
structures in any zoning district;
(b)
Small cell facilities located on a new wireless support structure
in any designated State or Town rights-of-way or on Town- or state-owned
utility poles or structures;
(c)
Modifications to a wireless facility support structure which
involves: collocation of new transmission equipment; removal of transmission
equipment; or replacement of transmission equipment, provided the
modification does not result in substantial change in the physical
dimensions of an eligible support structure.
|
Any decision to administratively approve or deny a permit application
is subject to review by the Commissioners of the Town of Dewey Beach.
|
D.
Design standards. All wireless facilities shall comply with the Town's
design standards.
E.
Collocation. To the extent practical, all wireless facilities and associated equipment that are placed in the Town shall be attached to a preexisting wireless support structure or a replacement wireless support structure located in the same footprint as the removed wireless support structure and which complies with all other requirements of this § 185-90.1. If an applicant demonstrates that no collocation opportunities exist in the area where a technologically documented need for a facility exists, the applicant may request that a new wireless support structure be installed in that area for the purposes of constructing the wireless facilities. Before any new wireless support structure is permitted, the following must occur:
(1)
The applicant must have provided the Town written evidence that
no practical collocation opportunity exists. This evidence shall include,
but not be limited to, affidavits, correspondence, or other written
information that demonstrates that the applicant has taken all commercially
reasonable actions to achieve collocation in the required location
or area, that the applicant has pursued but been denied access to
all potential collocation sites in the subject area (including the
reasons for such denials), and otherwise show that the applicant is
unable to collocate on an existing wireless support structure.
F.
Application process. Applicants shall utilize application forms provided
by the Town to initiate a review depending on the type of proposed
wireless facility.
G.
Annual plan: Every applicant for permit for wireless facility must
submit to the Town of Dewey Beach a wireless facility location plan
("annual plan") if a plan from the applicant is not already on file.
The annual plan must clearly identify the location of every existing
facility, and the general location of each proposed facility to be
constructed or located within the Town of Dewey Beach. The applicant
must update the annual plan each year. In the event a proposed facility
is not reflected on the applicant's existing annual plan, the applicant
shall amend the annual plan on file to reflect the proposed facility.
The Town of Dewey Beach shall not accept an application that includes
any wireless facility that:
[Added 12-2-2021 by Ord.
No. 778[1]]
(1)
Is not reflected on an applicant's existing annual plan; or
(2)
Has been submitted by an applicant who does not have an existing
and current annual plan on record with the Town of Dewey Beach. The
annual plan should include a map and accompanying database listing
of sites which exist and those planned for the future.
H.
Fees related to applications and annual plan:
[Added 12-2-2021 by Ord.
No. 778]
(1)
$500 at the time of filing an update to the wireless facility
location plan required by the Town of Dewey Beach.
(2)
$250 for modification or revision of the application and/or
plans. The fee shall be a minimum of $250 unless an extensive application
and/or plan review is required. The fee shall then be determined by
the Town and sufficient to offset the cost of the additional plan
review and services.
(3)
Permit applications filed by a wireless provider will be reviewed
by the Town of Dewey Beach including the Town Manager, Town Solicitor
and Town Wireless Consultant. All costs of review of the application
shall be reimbursed to the Town by the applicant.
(4)
The Town of Dewey Beach requires all permit applications to
include costs of materials and labor to be included in all applications,
which would be subject to a 3% permit fee cost, in addition to the
above fees.
I.
Time frame for approval. The Town shall comply with all federal and
state timing requirements in consideration of applications for new
tower facilities and collocation and modification of existing wireless
facilities. Wireless facilities that do not fall under such requirements
will follow the plan review scheduling requirements outlined for site
plans and conditional uses.
J.
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same and any supporting equipment within 90 days of receipt of notice
from the Town notifying the owner of such abandonment. Failure to
remove an abandoned antenna or tower within said 90 days shall be
grounds to remove the tower or antenna at the owner's expense. If
there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
K.
Bonding requirements. Whenever any tower facility is constructed,
the operator thereof shall obtain and keep in force:
L.
Permit fees. The permit fee for each wireless facility shall be calculated and assessed in accordance with Chapter 71 of the Dewey Beach Code of Ordinances.
M.
Reimbursement. In addition to permit fees as described in this section,
every wireless facility in the right-of-way and upon beach lands is
subject to the Town's right to recover its actual costs incurred as
a result of construction in the right-of-way, including, but not limited
to, the costs of administration and performance of all reviewing,
inspecting, permitting, supervising and other management activities
by the Town. The owner of each wireless facility shall reimburse the
Town for the Town's costs reasonably incurred in connection with the
activities described above. All fees shall comply with applicable
state and federal law and not exceed amounts presumed reasonable by
the FCC.
N.
Nonconforming uses.
(1)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this § 185-90.1.
(2)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 185-90.1B(1), bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without first having to obtain administrative approval or a conditional use permit. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 185-90.1I.
A.
Landscape plan. A landscape plan, prepared by a landscape architect
licensed in the State of Delaware, must be included in any application
for building permit submitted to the Town and shall indicate the location,
species (common and botanical names), size and condition of all proposed
plantings.
B.
Buffer yards. Vegetation to be used as buffer yards and landscaping
for off-street parking and loading areas shall be approved by the
Town prior to installation.
A.
Street lighting.
(1)
For the planned residential and commercial zoned districts, the applicant
shall provide a lighting plan showing the existing light levels for
the property. Any area falling below a minimum lighting level of one
footcandle will require the addition of lights. The Town reserves
the right to reject any light fixtures that are not appealing and
consistent with the Town.
(2)
All required street lighting shall be provided pursuant to DelDOT
standards and specifications.
