A.
Applicability. The provisions in this section shall apply to all
residential subdivisions and development plans except those in the
planned community districts.
B.
C.
Small developments.
(1)
A development plan resulting in the creation five or fewer residential
lots shall not be required to dedicate land or make a cash payment
in lieu of dedication.
D.
Land dedications.
(1)
Each dedication shall be usable open space that is of suitable size,
dimension, topography, and general character. Land is considered usable
open space if it meets the following criteria:
(a)
It is not encumbered with any substantial structure;
(b)
It is not devoted to use as a roadway, parking area, or sidewalk;
and
(c)
It is left in one of the following states at the time of development:
[1]
If wooded, it is left in its natural, undisturbed state, except
for the cutting of trails for walking, jogging, or biking;
[2]
If not wooded, it is landscaped for ball fields, picnic areas,
or similar facilities, or is properly vetted and landscaped with the
objective of creating a wooded area. Landscaping materials shall be
native plantings, examples of which can be found in Native Plants
for Delaware Landscapes published by the University of Delaware, College
of Agriculture and Natural Resources;
[3]
It is capable of being used and enjoyed for purposes of active
and passive recreation;
[4]
It is legally and practically accessible to the residents of
the development out of which the required open space is taken; and
[5]
No more than 25% of the land lies within a floodplain or floodway.
(2)
The dedicated area shall be shown and marked on the record plat "Dedicated
for Park and Recreation Purposes."
E.
Cash in lieu of land dedication.
(1)
When land to be dedicated is either insufficient to satisfy the requirements
or not suitable for open space or recreation uses, a cash payment
shall be made in lieu of land dedication.
(2)
Cash payment in lieu of land dedication shall be calculated as follows:
(a)
The total amount of cash in lieu of recreation and open space
shall be equivalent to the appraised pre-improvement value of the
land area required; and
(b)
The appraised pre-improvement value shall be based upon an appraisal
of the subject property completed at the applicant's expense within
six months prior to the date of request for consideration of cash
in lieu of recreation area.
(c)
If the Town and the applicant do not agree on the land value
estimate established by the appraisal, a new appraisal shall be performed
by an independent third-party professional real estate appraiser at
the applicant's expense. This appraisal shall be awarded on a competitive
bid basis to the qualified, certified appraiser that submits the lowest
bid. The Town shall manage the bid process.
(3)
The funds collected pursuant to this subsection shall be placed in
a separate account earmarked for recreation and open space development.
B.
Homeowners' associations. Before any lot in a development is sold,
provision shall be made for the establishment of a homeowners' association
or similar legal entity that meets at least the following criteria:
(1)
Clear legal authority to maintain and exercise control over common
areas and recreational facilities;
(2)
Power to compel contributions from residents of the development to
cover their proportionate shares of the costs associated with the
maintenance and upkeep of the common areas and facilities; and
(3)
Provision for start-up funding.
C.
When a development plan includes the establishment of a homeowners'
association, the applicant shall submit documents pertaining to the
establishment and maintenance of the homeowners' association as well
as its bylaws, fee schedule, and start-up funds.
B.
Screening requirements.
(1)
When required.
(a)
When a lot is occupied by a multifamily development or a manufactured
home park.
(b)
For all nonresidential uses.
(c)
When an off-street parking area for 10 or more automobiles is
located closer than 50 feet from a lot in a residential district or
from any lot upon which there is a dwelling as a permitted use under
this chapter, and where the parking area is not entirely screened
visually from such lot by an intervening building or structure.
(d)
For any loading area consisting of one or more loading spaces,
loading docks or vehicular lanes leading to loading spaces or loading
docks.
(2)
Location: along the lot border separating the subject lot from an
adjacent lot.
(3)
Screen materials.
(a)
The screen shall consist of a continuous visual barrier composed
of green plants and trees arranged to form both a high- and a low-level
screen.
[1]
High-level. The high-level portion of the screen shall consist
of a compact evergreen hedge or foliage, at least four feet high when
planted that achieves the same visual impact as a solid wall or fence.
[2]
Low-level. The low-level portion of the screen shall consist
of evergreen shrubs planted at an initial height of not less than
two feet and spaced at intervals of not more than five feet on center.
(b)
Width of screen: 15 feet.
(4)
The Planning and Zoning Commission may approve an alternative landscape,
provided that it meets the intent and purposes for screening and landscaping.
C.
Dumpsters, mechanical equipment, propane and similar equipment. These
shall be enclosed by a solid fence as determined by the Planning and
Zoning Commission during development plan review.
A.
Residential developments.
(1)
Intent: provide landscaping, screening, and shade in residential
developments.
(2)
When required: for all residential development plans.
(3)
Standards.
(a)
Design should be simple, and plant materials should be easy
to maintain and shall consist of a combination of hardy canopy trees,
low evergreen shrubs, and turf grass. Ornamental and evergreen tree
plantings may be incorporated in the design but shall not be the predominant
plant types on the site or on any individual lot.
(b)
Protection and retention of large trees.
[1]
Large tree defined: an existing tree having a diameter of 18
inches or more.
[2]
Intent. It is intended that large trees shall be retained to
the greatest extent possible. It is not intended that dead trees,
diseased trees, and trees not native to the area be retained.
[3]
No excavation or subsurface disturbance may be undertaken within
the dripline of any large trees, and no impervious surface may be
located within 12.5 feet, measured from the center of the trunk, of
any large trees, unless compliance with this subsection would unreasonably
burden the development. A "dripline" is a perimeter formed by the
points farthest away from the trunk of a tree where precipitation
falling from the branches of that tree lands on the ground.
[4]
Replacement. Each tree that is not retained shall be replaced
in accordance with the standards of this subsection.
(c)
Planting rate. Trees shall be planted at a rate of one tree
per 3,000 square feet of land area developed.
(d)
Types of plantings.
[1]
Deciduous trees. Deciduous trees shall be of a high-canopy variety
and shall be limbed to a minimum height of 12 feet above grade at
maturity.
[2]
Evergreen trees. Evergreen tree plantings shall be at least
four feet in height at the time of planting.
[3]
Shrubbery. Shrubbery shall be of a low, evergreen variety and
shall be limited to use as foundation plantings and for screening
purposes.
[4]
Ground cover. Ground cover shall be limited to turf and ornamental
grasses and ornamental evergreen ground cover plantings. Alternative
ground covers, such as wildflowers and meadow grasses, may also be
considered.
(e)
Replacement guarantee. A one-year full-price replacement guarantee
shall be provided by the applicant and noted on the record plan for
all required new tree plantings.
(f)
Performance bond. The Town may require applicants to provide
a performance bond or other guarantee for the cost of required landscaping.
(4)
The Planning and Zoning Commission may approve an alternative landscape,
provided that it meets the intents and purposes for screening and
landscaping.
B.
Parking areas.
(1)
Intent: reduce the visual impact of large, expansive parking areas.
(3)
Interior-parking-area landscaping.
(a)
Applicability: interior-parking-lot landscaping provisions apply
to commercial developments.
(b)
Requirements.
[1]
One landscaped island shall be required once 10 single or 25
double spaces have been exceeded.
[2]
Collector drives shall be separated from parking drives by landscaped
islands. Interior-parking-lot landscaping shall be in addition to
required landscaped buffers.
[3]
Landscaping materials may consist of grass, ornamental landscaping,
or shade trees and shall be designed and maintained for safe pedestrian
access and movement as determined necessary by the Planning and Zoning
Commission.
[4]
The Planning and Zoning Commission may approve an alternative
landscape, provided that it meets the intents and purposes for screening
and landscaping.
C.
Commercial developments.
(1)
Existing vegetated areas shall be retained to the maximum extent
possible.
(2)
Screening of service yards and other places that tend to be unsightly,
such as trash receptacles or mechanical equipment, shall be accomplished
by the use of walls, fencing, planting, or combinations of these.
(3)
Screening shall be effective in winter and summer.
(4)
In areas where vegetation does not exist, additional landscaping
shall be provided, utilizing earth mounds or plant material, or both.
(5)
Landscape plantings should be indigenous to local areas and should
provide a soft visual buffer between the roadway and the commercial
use.
A.
Trees along dedicated streets.
(1)
Municipal streets. On streets to be maintained by the Town, the developer
shall plant or retain sufficient trees along the paved portion of
the street.
(a)
One deciduous tree, whose trunk will be at least 12 inches in
diameter when fully mature, shall be placed every 30 feet.
(b)
The trees to be planted shall be those that can generally be
expected to thrive in the area.
(c)
The trees shall have a root system that will not damage adjacent
sidewalks, underground infrastructure, or the streets themselves.
(d)
The trees shall be located so that they will not interfere with
utilities or sight easements or obscure streetlights.
(2)
Other streets and roadways. Trees shall be planted or retained in
accordance with the specifications of the government or entity that
will own, or be responsible for, maintaining the street or roadway.
