A. 
The subdivision plat shall take into account proposals of the adopted Comprehensive Plan as appropriate in the area of proposed development and should relate to existing and proposed adjoining land uses.
B. 
The subdivision layout shall conform to the provisions of the zoning districts in which it is located and the provisions of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 115, Zoning.
C. 
The subdivision layout shall conform with the principles and standards contained in this chapter.
D. 
A tract shall be subdivided so that no remnants or landlocked spaces without access are created.
E. 
Strip development of all types should be limited and avoided as leading to undesirable consequences relative to future development of interior parcels and compromise of the traffic integrity of the roads involved.
F. 
All major commercial and industrial development or subdivision along the major arterial roadways of Sussex County shall be prohibited unless the major commercial and industrial development shall provide service roads adjacent to all major arterial roadways.
[Added 6-11-1991 by Ord. No. 768]
[Amended 6-15-1993 by Ord. No. 893; 7-29-2008 by Ord. No. 1984; 6-26-2012 by Ord. No. 2271; 8-27-2024 by Ord. No. 3038]
A. 
Land which is unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, adverse earth formations or topography, utility easements or other features which will be reasonably harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the County Engineer and where applicable to the rules and regulations of the State Department of Natural Resources and Environmental Control to solve problems created by the unsuitable land conditions. Such lands shall be set aside for uses as shall not involve such a danger.
B. 
Cut or fill should be limited to those instances where it is required to achieve acceptable street grades, parking areas or building sites or where it will be used to enhance the site, such as by berms or swales which add visual interest or perform a useful function, such as screening or drainage.
C. 
Subdivision planning should take into consideration critical areas, waterways, natural topography, vegetation and especially historic spots, landmarks and social impacts.
D. 
It is the intent of the County to stress the preservation of all agricultural lands which are feasible and worthwhile of such preservation in order to conserve such natural amenities. Where residential subdivisions are established adjacent to lands used for agricultural purposes, the subdivider shall ensure that there shall be no negative effect on the agricultural uses. A perimeter buffer and a perimeter buffer protection area (if applicable) shall be provided along the outer perimeter of any boundary of a residential major subdivision.
A. 
The street layout shall be designed to create desirable building sizes while respecting existing topography, minimizing street grades and avoiding excessive cuts and fills to the maximum extent possible.
B. 
The access to the subdivision shall be from a public highway having a width of at least 50 feet, and the number and location of access streets shall be controlled for traffic safety and protection of surrounding properties.
C. 
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.
D. 
Proposed collector streets in the subdivision shall provide for the continuation of existing, planned or platted streets on adjacent tracts unless such continuation shall be prevented by topography or other physical condition or unless such extension is found by the Commission to be unnecessary for the coordination of development between the subdivision and such adjacent tracts. When deemed advisable, the Commission may restrict access to proposed collector streets from abutting properties.
E. 
Where the Commission deems it desirable or necessary to provide access to adjacent tracts not presently subdivided, proposed collector streets in the subdivision shall be extended to the boundary lines with such adjacent tracts, and temporary turnarounds shall be provided within the subdivision at the ends of such streets, by means of temporary easements or otherwise.
F. 
Where the subdivision abuts a street as designated on the General Highway Map, the Commission may require that measures be taken to reduce the impact of heavy traffic on the residential and commercial lots abutting or fronting upon such street and to afford separation of through and local traffic by one of the following means:
(1) 
By providing vehicular access to such lots by means of a service drive separated from the street by a planting strip and connecting therewith at infrequent intervals. The Commission may establish a minimum width for the planting strip.
(2) 
By designing reverse-frontage lots having access only from a parallel internal street or from cul-de-sac or loop streets and with vehicular access to such lots from the street prohibited by deed restrictions or other means.
G. 
Cul-de-sac streets should not exceed 1,000 feet in length.
[Amended 11-26-1991 by Ord. No. 805]
H. 
Fire lanes shall be provided in all areas deemed necessary by the State Fire Marshal's office.
I. 
The access to major commercial and industrial development or subdivision along major arterial roadways shall have but one entrance to the major arterial roadway, and the plan of subdivision shall provide inner roads, or new service drives for each of the parcels created by the subdivision to have access to the major arterial roadway. The inner roads or service drives shall meet the layout requirements established by this section.
[Added 6-11-1991 by Ord. No. 768]
[Amended 10-12-1999 by Ord. No. 1345; 6-26-2012 by Ord. No. 2268; 3-28-2017 by Ord. No. 2489]
A. 
Construction plans shall be prepared by a registered Delaware professional engineer or a licensed Delaware land surveyor.
B. 
Streets dedicated to public use shall be designed and constructed in accordance with standards established by the Delaware Department of Transportation, Division of Highways.
C. 
All entrances to the subdivision from a public street shall be designed and constructed in accordance with standards established by the Delaware Department of Transportation. A letter of no objection or other appropriate entrance approval from the Delaware Department of Transportation shall be required prior to final approval of the plan.
D. 
Private streets to be initially maintained by the developer and ultimately owners of lots within the development may be designed and constructed in accordance with Subsection B or must comply with the following standards.
E. 
Road geometry. All roads regulated by Sussex County shall meet fire access requirements as required pursuant to the Delaware State Fire Prevention Regulations (DSFPR).
(1) 
Road width.
(a) 
The minimum clear/unobstructed road width when using curb and gutter shall be 24 feet measured in the case of a vertical curb from face of curb to face of curb, and in the case of a rolled curb from flowline to flowline. The curb and gutter shall meet the DelDOT Standard Construction Details, latest edition, or stone set in place.
[Amended 2-5-2019 by Ord. No. 2629]
(b) 
The minimum clear/unobstructed road width when using open drainage shall be 24 feet.
(c) 
The minimum clear/unobstructed road width for one-way traffic shall be 14 feet.
(d) 
See Subsection E(7) in this section for additional information regarding on-street parking.
(2) 
Center-line radii.
(a) 
The minimum center-line radii for all roads posted at 17 miles per hour or less shall be 50 feet.
(b) 
The center-line for roads posted higher than 17 miles per hour shall be increased using the AASHTO (American Association of State Highway and Transportation Officials) Green Book for normal crown roads.
(3) 
Minimum and maximum longitudinal slope.
(a) 
The minimum slope for a curbed street is 0.30%.
[Amended 2-5-2019 by Ord. No. 2629]
(b) 
The minimum slope for an open ditch street is 0.50%.
[Amended 2-5-2019 by Ord. No. 2629]
(c) 
The minimum slope across a flowline is 0.50% unless a concrete valley gutter is used.
(d) 
The maximum longitudinal slope for all roads shall be 10%.
(4) 
Culs-de-sac.
(a) 
No island: The minimum radius for culs-de-sac without an internal island is 38 feet.
(b) 
Island: The paved area of a cul-de-sac with an internal grass island shall be 14 feet wide for one-way traffic and 20 feet for two-way traffic. The outer and inner radii shall be able to accommodate a ladder truck and subject to approval by the State Fire Marshal's Office.
(c) 
Culs-de-sac are required for dead-end streets: (i) greater than 300 feet in length as measured from the nearest turnaround area; or (ii) that serve more than four dwellings.
[Amended 2-5-2019 by Ord. No. 2629]
(5) 
Alternative turnarounds. The following alternative turnarounds are permitted:
(a) 
Those listed in the DSFPR.
(b) 
A looped road that meets DSFPR.
(c) 
Alternative accesses not listed above that meets DSFPR.
(d) 
The maximum length of a dead-end street (as measured from the nearest approved turn-around area) shall neither exceed 300 feet without an additional alternative turnaround nor serve more than four dwellings.
[Amended 2-5-2019 by Ord. No. 2629]
(6) 
Cross slope.
(a) 
The road cross slope can be a normal crown, superelevated or reverse crown.
(b) 
The maximum cross slope shall be 4%.
(c) 
The minimum cross slope shall be 2%.
(7) 
On-street parking.
(a) 
On-street parking shall be prohibited within the following locations:
[1] 
Fifteen feet of both sides of a fire hydrant and marked in accordance with DSFPR.
[2] 
Twenty feet of a traffic control device (i.e., stop sign/signal).
[3] 
Ten feet of the point of tangent/point of curvature of an intersection.
[4] 
Ten feet of a crosswalk.
[5] 
Ten feet of a driveway.
(b) 
These on-street parking requirements shall not affect nor be calculated as part of the parking requirements of Chapter 115, § 115-162A and B.
(8) 
Right-of-way and/or access easements. Rights-of-way shall be used in major subdivisions. Access easements shall be used in developments where all of the underlying land of the development will be held in common ownership. The right-of-way or access easements for non-state-maintained roads shall be:
[Amended 2-5-2019 by Ord. No. 2629]
(a) 
Placed three feet behind the back of curb.
(b) 
Placed one foot behind the ten-year stormwater surface of roadside swales.
(9) 
Sidewalks. Sidewalks shall satisfy the following requirements:
[Amended 2-5-2019 by Ord. No. 2629]
(a) 
They shall be placed within the right-of-way or deeded easement in favor of the owner of the common elements.
(b) 
A sidewalk can be adjacent to the travel lane using additional pavement that can be added but must be differentiated from the travel lane using demarcation every 300 feet.
(c) 
If the sidewalk is to be located between the parking space(s) and the roadway, the parking space shall extend a minimum of 18 feet beyond the edge of the sidewalk.
(d) 
For projects with open drainage (with or without grass strips), the sidewalk must be placed along the edge of the travel lane.
(e) 
Sidewalks must have five feet of clear width.
(f) 
Sidewalks that are not constructed adjacent to the travel lane using additional pavement must be constructed using a mix of 4,000 PSI with fiber mesh.
(g) 
All sidewalks must have a minimum cross slope of 1% and a maximum cross slope of 2%.
(h) 
All sidewalk expansion joints shall consist of rubber or other nonbiodegradable material approved by the Sussex County Engineer or his or her designee.
(i) 
All sidewalks adjacent to curbing shall have expansion joints that are sealed and caulked with materials approved by the Sussex County Engineer or his or her designee.
(j) 
Street crosswalk markings shall be placed at intersections and mid-block crossings where average daily traffic counts are equal to or greater than 1,000.
(10) 
Utilities. All utilities shall be placed within an easement and typically located within the following utility corridor wherever possible:
(a) 
Sewer: center line of road or travel lane.
(b) 
Water: under sidewalk (where installed) or five feet behind edge of pavement or back of curb.
(c) 
CATV/telephone: back of sidewalk or behind top of ditch bank.
(d) 
Gas/propane: two feet behind right-of-way.
(e) 
Electric: five feet behind right-of-way.
(11) 
Roundabouts. Roundabouts shall be designed to accommodate a ladder truck entering, exiting and traveling around the roundabout and subject to approval by the Fire Marshal's Office.
(12) 
Eye brows. Eye brows are noncircular culs-de-sac that have various shapes and sizes that may provide design flexibility. Eye brows shall be designed to accommodate a ladder truck entering and exiting the eye brow and subject to approval by the Fire Marshal's Office.
(13) 
Internal intersections. The minimum radius at edge of pavement for an internal intersection shall be 25 feet.
(14) 
Sight distance. No vegetation or ground/monument signs may be placed within 50 feet of the point of tangent/point of curvature of an intersection with a height greater than three feet, unless shown otherwise with a site triangle.
(15) 
Curb islands. All landscaped curbed islands shall have an underdrain or liner along back of curb to prevent oversaturation from undermining the curb.
(16) 
Alleys.
(a) 
The maximum clear/unobstructed pavement width shall be 16 feet.
(b) 
The minimum clear/unobstructed pavement width shall be 12 feet.
(c) 
The longitudinal cross slopes shall comply with Subsection E(3) and (6) of this section.
F. 
Storm drainage.
(1) 
Design storm. Storm drainage systems within roadways regulated by Sussex County shall be designed using the Rational Method to convey the ten-year storm event. The Sussex County Rainfall Intensity Duration Frequency Curves and Rainfall Intensity Table as defined in the DelDOT Roadway Design Manual shall be used for design purposes.
(2) 
Additional requirements. For drainage along roadways with greater than 3,000 ADT that serve communities with a single access point, the Sussex County Engineer or his or her designee may require additional analysis to demonstrate that the road remains passable during the twenty-five-year storm event. For purposes of this requirement, "passable" shall mean that the roadway may have stationary water of up to six inches higher than the crown of the road.
(3) 
Open drainage. Open drainage systems are allowed for subdivisions with a minimum lot width of 100 feet, or a width less than 100 feet if utilizing shared driveways with an adjacent lot, and shall consist of concrete or grass open swales designed in accordance with the following design criteria:
(a) 
Minimum slope:
[1] 
The minimum slope of a concrete swale shall be 0.30%.
[2] 
The minimum slope of a grass swale shall be 0.50%.
(b) 
Bottom width:
[1] 
Concrete swale: two feet wide with one inch depth valley gutter in the middle. Porous concrete will be subject to the requirements of Subsection G.
[2] 
Grass lined swale: minimum width of two feet for trapezoidal channel or V-ditch section.
(c) 
Side slopes:
[1] 
Front slope: four-foot horizontal minimum: one-foot vertical.
[2] 
Back slope: three-foot horizontal minimum: one-foot vertical with appropriate matting per approved erosion and sedimentation control (ESC) plans.
[3] 
Driveway culvert embankments: three-foot horizontal minimum: one-foot vertical with appropriate matting per approved ESC plans.
(d) 
Swale depth:
[1] 
Minimum of one foot except at furthest upstream end, where a six-inch depth is required.
[2] 
Maximum of 2.5 feet contiguous to single-family lots, except where approved otherwise by the Sussex County Engineer or his or her designee.
(e) 
Freeboard: The design stormwater surface elevation for open swales shall not exceed the edge of pavement or travel lane.
(4) 
Closed drainage. Closed drainage systems shall consist of pipe, inlet and manhole network systems.
(a) 
Minimum size: Minimum pipe size is a diameter of 15 inches or equivalent.
(b) 
Pipe velocity: The minimum full flow pipe velocity shall be two feet per second.
(c) 
Freeboard: The hydraulic grade line cannot exceed the rim elevation during the design storm event. The design storm surface elevation for the downstream stormwater management facility or receiving water shall be used as the tailwater for the design of the closed drainage system, or the water surface elevation at time of peak inflow. Where there is no downstream tailwater impact, the starting downstream hydraulic grade line elevation shall be the crown of the discharge pipe. For tidal discharges, the minimum tailwater shall be mean high water elevation. The tailwater elevation should be noted on the submitted computations.
(d) 
Pipe material: All pipe shall be reinforced concrete pipe (RCP) or high-density polyethylene pipe (HDPE), (AASHTO M294 Type S or AASHTO M252 Type S). Flexible pipe (HDPE) shall have a minimum cover of one foot, as measured from top of pipe to bottom of bituminous concrete pavement, or to the wearing surface of concrete pavement. Rigid pipe (Class III/IV RCP) shall have 12 inches of cover to the wearing surface of asphalt pavement or nine inches of cover to the top of stone in a concrete pavement section. Cover requests less than those specified above for RCP must be accompanied with load calculations based on methodology in the American Concrete Pipe Association's Concrete Pipe Design Manual. Alternate pipe materials for pipe diameters greater than 36 inches shall be allowed by the Sussex County Engineer or his or her designee on a case-by-case basis.
(5) 
Cross road culverts.
(a) 
Minimum size: The minimum size is 15 inches in diameter or equivalent.
(b) 
Pipe slope: The minimum full pipe flow velocity shall be two feet per second.
(c) 
Personnel safety grates: All culverts shall have a personnel safety grate as required by the Department of Natural Resources and Environmental Control.
(6) 
Driveway culverts:
(a) 
Minimum size: The minimum culvert size is 12 inches in diameter.
(b) 
Pipe slope: The minimum full pipe flow velocity shall be two feet per second.
(c) 
Pipe material: Pipe shall be RCP or HDPE (AASHTO M294 Type S). HDPE shall be allowed with minimum six inches cover of stone over the pipe during homebuilding operations and Type B Graded Aggregate Base Course (GABC) backfill.
(d) 
Analysis: An analysis of driveway culverts is required on the downstream portion of a lot to ensure that they are sufficiently sized to convey water without impeding drainage in the roadside ditch. Culvert size for each individual lot shall be shown in the construction plans required by § 99-30.
G. 
Stormwater management in street or road rights-of-way. Stormwater management design within all street or road rights-of-way shall be in accordance with the Delaware's Sediment and Stormwater Regulations and accompanying technical documents, or as otherwise approved by the Sussex Conservation District, or other applicable regulation. The stormwater management plan shall be approved by the Sussex Conservation District.
(1) 
Several best management practices are suitable for use within the right-of-way, as listed below, and shall be designed in accordance with the Department of Natural Resources and Environmental Control's Technical Document, Chapter 3.06.02, Post Construction Stormwater BMP Standards and Specifications, as that document may be amended or supplemented.
(a) 
Sheet flow to filter strip.
(b) 
Bioretention.
(c) 
Vegetated channel/bioswale.
(d) 
Infiltration practices.
[1] 
Infiltration trench.
[2] 
Perforated pipe with infiltration.
(e) 
Permeable pavement systems, as follows, may be used in the right-of-way at the discretion of the Sussex County Engineer or his or her designee.
[1] 
Porous asphalt.
[2] 
Pervious concrete.
[3] 
Permeable pavers.
(f) 
Soil amendments.
(g) 
Detention practices (underground). Detention systems under the pavement section may be approved on a case-by-case basis by the Sussex County Engineer or his or her designee.
(h) 
Proprietary practices as may be approved by the Sussex County Engineer or his or her designee.
(i) 
Other practices that become approved by the Department of Natural Resources and Environmental Control or the Sussex Conservation District, as allowed by the Sussex County Engineer or his or her designee.
(2) 
Stormwater management practices outside of the right-of-way that are designed to treat roadway drainage must be located in a deeded open space area and contained within an easement.
H. 
Road pavement design.
(1) 
Average daily trips. For the purposes of this chapter, the following average daily trips (ADTs) per unit shall be used:
(a) 
Single-family dwelling: 10 ADTs per unit.
(b) 
Townhouse: seven ADTs per unit.
(c) 
Multifamily dwelling (not townhouse): six ADTs per unit.
(d) 
Manufactured home: five ADTs per unit.
(e) 
Retirement community: four ADTs per unit.
(2) 
Subbase course for standard pavement must include one of the following:
(a) 
Graded aggregate base course: eight-inch maximum lift.
(b) 
Crushed concrete: eight-inch maximum lift.
(c) 
Millings: eight-inch maximum lift.
(3) 
Bituminous concrete for standard pavement must include one of the following:
(a) 
Type bituminous concrete base course: four-inch maximum lift.
(b) 
Type B: four-inch maximum lift.
(c) 
Type C: two-inch maximum lift.
(4) 
Porous bituminous concrete.
(a) 
May be permitted in consultation with the Sussex County Engineer or his or her designee.
(b) 
Must include a maintenance management plan.
(5) 
Porous Portland cement concrete.
(a) 
May be permitted in consultation with the Sussex County Engineer or his or her designee.
(b) 
Must include a maintenance management plan.
(6) 
Pavers.
(a) 
May be permitted in consultation with the Sussex County Engineer or his or her designee.
(b) 
Must include a maintenance management plan.
(7) 
Structural numbers (SN).
(a) 
One to 50 ADT shall require SN > 2.42 based on California Bearing Ratio 10. Base course sections shall be equivalent to 80% of the SN; provided, however, that the topcoat shall not be less one-and-twenty-five-hundredths-inch Type C.
(b) 
Fifty-one to 3,000 ADT shall require SN > 3.06 based on California Bearing Ratio 10. Base course sections shall be equivalent to 80% of the SN; provided, however, that the topcoat shall not be less one-and-twenty-five-hundredths-inch Type C.
(c) 
Greater than 3,001 ADT: Pavement section shall be determined by a geotechnical engineer.
I. 
Unless otherwise provided herein, all materials used in work governed by this section shall meet or exceed the DelDOT Standards and Specifications for Road and Bridge Construction, as amended.
J. 
The Sussex County Engineer shall have, in appropriate circumstances and upon a written finding of good cause, the ability to grant administrative waivers from the requirements of this section.
A. 
The lot design shall be such that all lots will provide satisfactory building sites properly related to topography and the character of surrounding development.
B. 
The dimensions and areas of all lots shall comply with the requirements of the zoning district in which they are located. In any case where public water supply and/or public sewerage are not available or are not to be provided, all residential lots shall comply with the minimum lot dimensions and areas established by the State Department of Natural Resources and Environmental Control after appropriate water percolation tests and soil evaluations have been performed, provided that these lot size requirements are greater than required under the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 115, Zoning.
C. 
Excessive lot depth in relation to lot width should be avoided. A ratio of depth to width of 2:1 is desirable.
D. 
Corner lots shall have sufficient width to permit appropriate building setbacks from both streets in accordance with the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 115, Zoning.
E. 
Every lot shall abut upon and have access to a street.
F. 
Double-frontage and reverse-frontage lots shall be avoided, except where their use is essential to overcoming special topographic problems or to separating residential development from heavy street traffic.
G. 
Insofar as possible, side lot lines should be substantially at right angles or radial to the street line, except where a variation in this requirement will provide an improved street and lot layout.
H. 
The minimum street frontage of any lot shall be 30 feet measured along the right-of-way line. Minimum lot widths shall comply with the appropriate district regulations of the Comprehensive Zoning Ordinance.[3]
[3]
Editor's Note: See Ch. 115, Zoning.
A. 
Easements shall be provided where necessary to meet public utility requirements. All subdivision lots shall have five-foot-wide easements along all lot lines for a total easement width of at least 10 feet along a lot line common to two lots. Easements of greater width may be required along lot lines or across lots, where necessary. Easements along perimeter boundaries of the subdivision shall be no less than 10 feet in width on the interior side of the boundary.
B. 
Where a proposed subdivision is traversed by any stream, waterway or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such waterways and drainageways.
C. 
No building, structure or other permanent obstruction shall be placed on any easement.
[Amended 12-7-2004 by Ord. No. 1734; 12-16-2008 by Ord. No. 2022; 7-18-2023 by Ord. No. 2938; 12-10-2024 by Ord. No. 3062]
A. 
Where the proposed subdivision includes lands proposed for use as parks, playgrounds, playfields, public landings or school sites in the Comprehensive Plan, the subdivider shall indicate the location of such lands on the subdivision plat and shall reserve the right of purchase of such lands by the appropriate jurisdiction for the time period specified herein. If the reserved lands are not purchased by the appropriate jurisdiction within the specified time limit, the subdivider shall be free to market such lands for an alternate purpose as specified on the approved subdivision plat.
B. 
Park, playground and playfield areas may be required to be reserved for a period of two years from the date of recording the subdivision, and school sites shall be reserved for four years from such date.
C. 
Where deemed essential by the Commission upon consideration of the type of development proposed in the subdivision, the subdivider may be required to dedicate other areas or sites of a character, extent or location suitable to meet the needs of such development. In lieu of dedication, such additional areas may be reserved for the common use of all property owners in the proposed subdivision through deed restrictions or agreements approved by the Commission, which restrictions or agreements may include a right of enforcement by the County Council.
D. 
For residential subdivisions and other residential land development, the following table shall establish the minimum percentage of the total site which shall be set aside for park and open space uses; in achieving the minimum percentage of open space, isolated areas of open space that are not directly connected to contiguous open space and that are smaller than 10,000 square feet in size shall not be counted:
Gross Density
(dwelling units per acre)
Minimum Percentage of Open Space
2 to 5
10
6 to 10
15
Over 10
25 or more
E. 
Community buildings, recreational facilities (including swimming pools, game courts, play areas, tot lots, playgrounds, walking paths, bike paths and multimodal paths) and the associated parking areas shall be constructed and open to use by the residents of a subdivision on or before the issuance of the residential building permit representing 60% of the total residential building permits for the subdivision.
[Added 8-27-2024 by Ord. No. 3038]
A. 
Perimeter buffer general standards.
(1) 
There shall be a Perimeter Buffer established along the boundary of every major subdivision or residential planned community. A Perimeter Buffer shall not be required along internal boundaries within a subdivision or residential planned community, such as internal phasing lines.
(2) 
The Perimeter Buffer shall be planted with a variety of trees and shrubs so as to create a visual landscaped screening. All trees and shrubs shall be local and native species. All planting activities shall adhere to ANSI A300, Planting Standards.
(3) 
The Perimeter Buffer shall include a mix of 70% deciduous shade trees and 30% evergreen trees as well as shrubs. The Perimeter Buffer shall include at least 15 trees within every 100 linear feet of the Buffer. All deciduous and evergreen trees that are planted shall have a minimum height of six feet above ground when planted, shall be a species that typically achieves a height of at least 10 feet, and arranged in a staggered natural manner throughout the entire width of the Perimeter Buffer to effectively achieve a visual landscaped screening which will filter views from and into the subdivision. The Perimeter Buffer may include existing Woodlands and planted trees to achieve these planting standards.
(4) 
In the event that a Resource Buffer (§ 115-193) is required in the location of a Perimeter Buffer or Perimeter Buffer Protection Area, the Resource Buffer standards shall take precedence over, and shall not be in addition to, the Perimeter Buffer and/or Perimeter Buffer Protection Area requirements for that same location.
(5) 
The Perimeter Buffer shall be marked with permanent, in-ground signage located at 100-foot intervals along the edge of the Perimeter Buffer to confirm the existence and non-disturbance of the Perimeter Buffer. This signage shall be at least five inches by seven inches in size and shall identify the existence of the Perimeter Buffer, the fact that it is a non-disturbance Area and a reference to penalties and/or remediation required if unauthorized disturbance occurs.
B. 
Perimeter buffer standards — woodlands requirements. Where a Perimeter Buffer contains existing Woodlands at the time of application, the following requirements shall apply:
(1) 
Any major subdivision or residential planned community where Woodlands exist at the time of application shall require a Forest Assessment Report. The Forest Assessment Report must be submitted as part of the application.
(2) 
The Woodlands retained within the Perimeter Buffer shall be depicted generally on the Preliminary Site Plan and with detail on the Perimeter Buffer Landscape Plan.
(3) 
Unless otherwise provided for herein, the Woodlands within the Perimeter Buffer shall remain in its natural state.
(4) 
The Area of the Perimeter Buffer containing Woodlands shall be bordered by a Perimeter Buffer Protection Area.
(5) 
There shall be protective tree fencing, staking, or continuous ribbon installed along the entire edge of the Perimeter Buffer Protection Area adjacent to the interior of the development to protect the integrity of existing trees within the Perimeter Buffer.
(6) 
Selective clearing of the Woodlands retained for the use of the Perimeter Buffer may be permitted but at no time shall trees of six-inch diameter at breast height be damaged, removed, or otherwise adversely affected. Dead, dying or unstable live trees that present an imminent danger to persons or property may be removed.
(7) 
Walking trails within the Woodlands for the purpose of providing access to the Perimeter Buffer may be permitted and shall be depicted on the Perimeter Buffer Landscape Plan.
(8) 
Access points to the Woodlands for the purpose of Perimeter Buffer maintenance may be permitted and shall be depicted on the Perimeter Buffer Landscape Plan.
(9) 
Any removal or damage of trees within the Woodlands, the Perimeter Buffer or the Perimeter Buffer Protection Area (with the exception of the removal of invasive species) shall be subject to the mitigation requirements as well as the violations and penalties located in this Chapter.
(10) 
At no time shall the ground within Woodlands area of a Perimeter Buffer and Perimeter Buffer Protection Area be cleared, graded, regraded, or grubbed. Permitted stump removal shall only occur by stump grinding that does not disturb the surrounding area or vegetation.
(11) 
If Woodlands on the land where the Perimeter Buffer is to be located have been cleared for a timber harvest within five years prior to the date of application, the following additional planting requirements shall apply:
(a) 
The cleared area along the Perimeter Buffer shall be measured and known as the "Cleared Area."
(b) 
The Perimeter Buffer shall be planted back with at least 15 trees every 50 linear feet of the Buffer.
(c) 
In addition to the Perimeter Buffer, a new Woodlands shall be planted that is 2.0 times the size of the Cleared Area and a rate of at least 50 trees per acre.
(d) 
The new Woodlands may border the area of the Perimeter Buffer or be in a separate area, but at no times shall the Perimeter Buffer be less than 30' in width measured from the property boundary.
(e) 
The planted Perimeter Buffer and new Woodlands comply with the sizes and percentages required by § 99-21A.A(2) and (3).
(f) 
If the applicant chooses to provide replacement plantings on any property other than the one on which the timber harvest occurred or protect an off-site Woodlands area, the mitigation plan must be reviewed and approved by the Director, and:
[1] 
The replacement plantings or off-site Woodlands area must be located within the same twelve-digit hydrologic unit code as defined by the United States Geological Survey as the proposed development.
[2] 
The replacement plantings or Woodlands area located off-site must be protected under a perpetual conservation easement for the benefit of a conservation organization approved by Sussex County.
[3] 
At no time shall the area of the replacement plantings be less than 2.0 times the area of Woodlands to be the Perimeter Buffer that was cleared and a rate of at least 50 trees per acre and shall meet the tree and shrub requirements of this Chapter.
(12) 
Removal of any invasive species from the Woodlands is permitted.
C. 
Perimeter buffer standards — non-woodlands requirements. Where a Perimeter Buffer does not contain existing Woodlands at the time of application, the following requirements shall apply:
(1) 
Any major subdivision or residential planned community where Woodlands do not exist within the Perimeter Buffer shall comply with the planting requirements of the Perimeter Buffer Standards and Perimeter Buffer Landscape Plan.
(2) 
There shall be protective fencing, staking, or continuous ribbon installed along the entire edge of the Perimeter Buffer adjacent to the interior of the development to protect the integrity of the Perimeter Buffer.
(3) 
There shall be a final grade that contains a minimum of four inches of topsoil and a suitable grass mix or wildflowers planted as sacrificial cover between the buffer trees for soil stabilization until the newly planted trees become larger. Woodchips may substitute for planted grass between the buffer trees around both newly planted and existing trees.
(4) 
Walking trails within the Perimeter Buffer may be permitted and shall be depicted on the Perimeter Buffer Landscape Plan.
(5) 
Access points to the Perimeter Buffer and Perimeter Buffer Protection Area for the purpose of Perimeter Buffer maintenance shall be depicted on the Perimeter Buffer Landscape Plan.
(6) 
The Perimeter Buffer shall have a two-year guarantee secured by bonding from the date that substantial completion is issued for the phase where the Perimeter Buffer is located.
D. 
Perimeter buffer landscape plan.
(1) 
The Perimeter Buffer shall be depicted generally on the Preliminary Site Plan and in detail on a Perimeter Buffer Landscape Plan that is included within a Final Site Plan.
(2) 
The Perimeter Buffer Landscape Plan shall provide sufficient information and detail to clearly demonstrate that all applicable requirements and standards for Perimeter Buffers and Perimeter Buffer Protection Areas are satisfied. The Perimeter Buffer Landscape Plan shall contain, at a minimum, the following:
(a) 
Approximate location and description of the protective tree fencing, staking, or continuous ribbon.
(b) 
The location, spacing, height, and species of existing and new trees and shrubs proposed to meet tree planting requirements.
(c) 
The design and location of the required Perimeter Buffer signage.
(d) 
Measures to be taken to avoid sedimentation intrusions and erosion in the Perimeter Buffer.
(e) 
A summary table of the number of new trees to be planted and minimum number of existing trees to be retained (if any) to meet the tree specification and density requirements with calculations confirming that these requirements have been achieved. The summary table may include example groupings of trees to be planted instead of each new tree labeled on the Perimeter Buffer Landscape Plan.
(f) 
A note confirming that the developer guarantees the full cost of replacement Woodlands of the Perimeter Buffer for two years after the determination of substantial completion in accordance with § 99-31.
(g) 
A planting schedule for the Perimeter Buffer. The planting schedule shall demonstrate the installation of the Perimeter Buffer prior to the issuance of the first residential building permits in the phase where it is located. The Perimeter Buffer shall be planted and inspected prior to the issuance of the first residential building permit within the phase where the Buffer is located. Each phase of the development must include the Perimeter Buffer and Perimeter Buffer Protection Area (as applicable) that is adjacent to that Phase.
(h) 
Notwithstanding any other provisions of this chapter, the Planning and Zoning Commission shall be authorized, as part of the site plan review process, to grant final approval of a Plan for the roadway frontage of a major subdivision which may include landscape and design features, such as ornamental fences that are not used as screens, berms, landscape plantings of shrubs, non-invasive ornamental grasses and/or trees, multimodal paths required by DelDOT, or a combination of such features which is designed and certified to by a licensed Landscape architect, licensed Forester or Forester designated by the Society of American Foresters as a "Certified Forester," for the purpose of making the subdivision more attractive, more in keeping with the surrounding area and less visible from the roadway, provided said plan will not cause the landscape features contained in the plan to be placed in an area adjacent to the entrance in such a manner as to restrict the view of motorists entering or exiting from the subdivision or restricting the sight lines of motorists in such a manner as to create a potential safety or traffic hazard. This authorization shall only apply to a subdivision's roadway frontage where its entrance is located. All other roadway frontages shall comply with the requirements of Subsections A., B. and C above, as applicable.
E. 
Timing; bonds and guarantees.
(1) 
The Perimeter Buffer Landscape Plan shall include the planting schedule for the entire Perimeter Buffer. The planting schedule shall demonstrate the installation of the Perimeter Buffer prior to the issuance of any residential building permits within the phase. The Perimeter Buffer shall be planted and inspected prior to the issuance of the first residential building permit within the phase where the Perimeter Buffer is located. Each phase of the development must include the Perimeter Buffer and Perimeter Buffer Protection Area (as applicable) that is adjacent to that phase. The Perimeter Buffer for each phase must be planted and inspected before County approvals or permits will be granted to construct the next phase. The portion of any non-Woodland Perimeter Buffer within the entirety of the development that is adjacent to other existing or approved dwellings or lots shall be planted in accordance with the requirements of § 99-21.A.A and C within 12 months of the issuance a Notice to Proceed for the first phase of the development.
(2) 
Where Woodlands exist in the Perimeter Buffer, the Perimeter Buffer and Perimeter Buffer Protection Area shall be protected and marked as provided herein for the entire development (subject to inspection and approval by Sussex County) prior to the issuance of any notice to proceed for site work. For subdivisions that are to be constructed in phases, the protection and marking of existing Woodlands shall be maintained and inspected prior to the issuance of any notice to proceed for site work or construction within a subsequent phase.
(3) 
The developer shall be responsible for the removal and replacement of any dead, dying or diseased trees and for the removal from the site of all stakes, guy wires, protective tree fencing, staking, or continuous ribbon upon the conclusion of the two-year guaranty period.
(4) 
The developer shall post a performance bond or other guaranty for the Perimeter Buffer in an amount sufficient to install the Perimeter Buffer and the Perimeter Buffer Protection Area (as applicable) in a form acceptable to the County Attorney. The amount of such bond shall be 125% of the cost of the installation the Perimeter Buffer (including all plantings) and the Perimeter Buffer Protection Area (as applicable) or $50,000, whichever is greater. The Perimeter Buffer shown on the Perimeter Buffer Landscape Plan may be bonded as a separate phase or phases of the subdivision, provided that all Perimeter Buffers containing Woodlands must be bonded before a Notice to Proceed is issued for any phase of the development.
(5) 
Bonds posted to ensure the completion and non-disturbance of the Perimeter Buffers shall be posted with the Director of Planning and Zoning.
(6) 
The trees and shrubs located within the Perimeter Buffer shall be in good health prior to the issuance of substantial completion in accordance with § 99-31 of the Code. The Bonds for the Perimeter Buffer shall thereafter remain in place until two years after the determination of substantial completion in accordance with § 99-31.
(7) 
A party may not alter the Perimeter Buffer Area of the development (or any phase thereof) unless an amended Perimeter Buffer Landscaping Plan is approved by Sussex County and a new bond or other guaranty is provided for the alteration.
F. 
Perimeter buffer maintenance.
(1) 
The developer shall be responsible for the health and survival of the Perimeter Buffer, including regular necessary watering until the determination of substantial completion in accordance with § 99-31. This shall include the obligation to replace any trees and shrubs within the Perimeter Buffer that do not survive during this time period.
(2) 
The Perimeter Buffer shall be maintained in perpetuity. The perpetual maintenance of the Perimeter Buffer by a homeowners' association shall be confirmed in the recorded declaration or restrictive covenants for the development with the requirement that any trees or shrubs that do not survive must be replanted with trees or shrubs of the same type and species in accordance with the original Landscape Plan approved by Sussex County. The Perimeter Buffer shall be maintained (and any replacement trees or shrubs planted) according to best management practices in the Forestry industry (ANSI A300). The applicant and/or developer must provide the Commission with satisfactory proof that the declaration or restrictive covenants include a perpetual maintenance plan which shall be binding upon the applicant and/or developer and thereafter by the homeowners' association. The Commission and its attorney shall review and approve the perpetual maintenance plan prior to the restrictive covenants being recorded and prior to granting final site plan approval.
G. 
Perimeter buffer tree mitigation.
(1) 
In the event that trees, shrubs, Woodlands, Perimeter Buffer or the Perimeter Buffer Protection Area are removed or damaged without authorization, tree mitigation shall be required. In addition, violations and penalties may be assessed.
(2) 
If trees within a Perimeter Buffer (whether Woodlands or planted) have been damaged or removed (unless such damage or removal is the result of Act of God or natural causes and are therefore subject to the Perimeter Buffer Maintenance Requirements), tree mitigation must occur as follows:
(a) 
A mitigation plan shall be prepared by a licensed Landscape architect, certified arborist, or licensed Forester or Forester designated by the Society of American Foresters as a "Certified Forester."
(b) 
New Woodlands shall be created for the area of Woodlands in the Perimeter Buffer that was illegally accessed or damaged with at least three replacement trees planted for every tree removed or damaged.
(c) 
The replacement plantings shall meet the tree and shrub requirements of this Section.
(d) 
The developer, property owner and/or party who violates this section shall be responsible for the health and survival of the replacement in accordance with this Section.
(e) 
All tree mitigation plantings must be on the same lot, parcel, or tract on which the illegal activity occurred, except as noted herein.
H. 
Violations and penalties.
(1) 
The developer, owner of the land and any person or corporation who shall violate any provisions of this Section shall be subject to the following penalties in addition to other requirements set forth in this Section. Separate violations or a series of violations may be combined to determine the total area where the violation occurred:
(a) 
A fine of $10,000 per quarter acre, pro rata, of disturbance within the Perimeter Buffer and Perimeter Buffer Protection Area, as applicable, shall be imposed; and
(b) 
A tree mitigation plan in accordance with the requirements of this Section shall be approved by the Planning and Zoning Commission.
(2) 
Where the developer is the party who has violated the provisions of this Section, no building or zoning permits shall be issued nor shall any inspections occur within the phase where the violation occurred (including, but not limited to building code and utility inspections) until the tree mitigation plan is complete and approved by the Commission.