Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Chapter 197, Zoning, or Chapter 70, Building Code or other official regulations of the City of Lewes, the highest standard shall apply.
All subdivisions and site developments shall conform to design standards that will encourage good development patterns within the City of Lewes. The subdivision and site developments plans shall be such as to lend themselves to the harmonious development of the City and enhance the public welfare in accordance with § 170-2. Purpose and the design standards in this chapter, compatibility with abutting developed or undeveloped lands, as well as the City's Comprehensive Plan, including but not limited to the City's core values. The subdivision and site developments plans shall conform with all City regulations and ordinances, and applicable state and federal laws and regulations. In addition, the subdivision plans shall conform with the following standards and considerations:
A. 
Site design. Intent: Ensure that the arrangement of lots and structures is consistent with development patterns (existing or planned) and the proposed buildings and site improvements employ context-sensitive designs that help protect neighborhood character, property values, and maintain core values as stated in the Comprehensive Plan.
(1) 
Lot configurations.
(a) 
Standards.
[1] 
Site design elements shall display a clear and unified organization of building, landscaping and circulation, elements that support the functions of the site. Site plans shall effectively demonstrate how the elements of the site relate to the street front and provide for compatibility with adjacent uses.
[2] 
Each lot shall have frontage on and access to a street.
[3] 
All single family attached and detached residential dwellings shall be oriented to the street.
[4] 
Front facades shall squarely face the street and should not be set at an angle unless existing adjacent homes are sited at an offset angle.
[5] 
Buildings may be oriented to common open space areas, provided that street frontages are developed consistent with guidelines on facades facing streets.
[6] 
Perimeter residences that are part of new developments shall be oriented to existing streets, minimizing the extent of sound walls or rear yard walls, except where necessary due to acoustical requirements. Exceptions include homes that abut primary roads, as defined in the City Comprehensive Plan, in which case a parallel road can be used or perimeter structures can face an internal road as long as the facade facing the primary road contains facade and roof treatments typically used on a front elevation as opposed to rear sidings. Applicants shall consult Historic Lewes Byways representatives to obtain guidance on design recommendations for structures along a specific byway corridor.
[7] 
Where applicable, blocks shall:
[a] 
Not exceed 1,200 feet in length;
[b] 
Be sufficient to allow two tiers of lots; and
[c] 
For wider blocks (as per zoning) set aside area for utility or service access.
(b) 
Guidelines.
[1] 
The developer should take a creative approach to the use of the land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the development.
[2] 
Avoid excessive lot depth in relation to width.
[3] 
Developments should interconnect with the existing neighborhoods adjacent to them. Traffic calming measures such as curb extensions and bulb-outs can be considered where proposed streets connect to existing neighborhoods.
[4] 
Flexibility in design to take the greatest advantage of native landscapes, existing community character and layout, trees and other native vegetation as well as other unique features.
[5] 
Designs should avoid separation resulting from high, solid fencing and walls, or blank walls of buildings.
[6] 
Encourage development that contributes to the character of Lewes by establishing linkages to community focal points, such as open space, parks, schools, and civic buildings.
[7] 
Projects should provide for future connections to currently undeveloped properties via public or private streets, internal drives and biking and walking trails.
[8] 
Designs should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity and should enhance important community gateways and view corridors.
[9] 
Side walls of townhouses or multifamily buildings should be designed with front facade elements, such as windows and doors, to avoid blank walls facing the street.
[10] 
Large, flat facades should be avoided by articulating the building mass to create substantial shadows and visual interest. Windows, dormers, projected entrances, and overhangs are encouraged on the street facing facade to add variety and maintain a pedestrian-scale.
[11] 
Strengthen the pedestrian realm by encouraging landscaping and building elements, such as enhanced paving materials, accent lighting, streetscape furniture and adequate sidewalk space, which will contribute to pedestrian environments that are attractive and physically safe.
(2) 
Structures and site improvements.
(a) 
Standards.
[1] 
Buildings and structures shall have a mix of styles, sizes, facades, roof pitches and color. For all subdivisions where the developer is proposing either a package of style of houses or land-home packages, the developer must submit with both the preliminary and final plans an artist rendition or a computer-generated illustration of the exterior of the proposed structure(s) for every model or style proposed.
[2] 
Placement of buildings shall consider the existing context of the surrounding area. New and infill residential development shall respect privacy and solar access through appropriate siting of structures.
[3] 
Attached garages that face the street shall be set back at least five feet from the front facade.
[4] 
Detached garages shall be consistent with the architectural style of the house. Window styles, exterior materials, and trim detailing shall have a similar appearance to the house (but use of exact materials shall not be required).
(b) 
Guidelines.
[1] 
Buildings and structures (architectural styles) and site improvements should be designed to reflect Lewes's historic and marine community.
[2] 
Buildings should be oriented to maximize public and pedestrian interaction along adjacent street corridors, except for areas defined as primary streets in the City Comprehensive Plan (consult Historic Scenic Byway Management Plan for specific guidelines.
[3] 
Facade components facing the street should correspond to the scale of the human form. This is accomplished by visually breaking up facades into smaller components with elements such as front porches, stoops with overhangs, windows, wall insets, balconies, ledges and trim and by stepping back upper stories.
[4] 
Residential entries should be separated from the street by semi-private transition areas, with one of the following characteristics:
[a] 
Porches, terraces, stoops or canopy-covered doorways close to or attached to sidewalks should be raised above street grade at least two feet; or
[b] 
A private entryway setback and separated from the sidewalk with a gate, fence, wall or other method.
[5] 
Incorporate complete streets guidelines[1] to create a safe, pedestrian-friendly environment, including:
[a] 
Accessible sidewalks and shared-use paths;
[b] 
Curb ramps.
[c] 
Crosswalks with clear pavement markings.
[d] 
Streetscape amenities (bicycle and pedestrian infrastructure, transit shelters, public places, trails, parks and recreation facilities and street furniture).
[e] 
Bicycle lanes or shoulders (five to six feet wide).
[f] 
Pavement markings and signage.
[1]
Consult DelDOT Complete Streets in Delaware: A Guide for Local Governments for additional information and design suggestions.
[6] 
Scale, proportions, and height should be compatible with the general characteristics of homes in the surrounding neighborhood. For example, effort should be made to reduce the appearance of mass of a larger two-story house constructed among smaller or single-story dwellings. The following methods may be incorporated to reduce the apparent mass of a dwelling:
[a] 
Step back portions of the home. For example, set the second story back from the first story or add an enclosed porch on the first story.
[b] 
Use dormers to break up roof mass, if consistent with the architectural style of the home.
[c] 
Incorporate horizontal design detailing to visually break up flat walls. Examples include wide skirt boards, mid-section trim between stories, frieze boards along roof eaves, partial or complete gable returns, or a change in siding or masonry patterns or materials.
[7] 
Roof form, pitch, and scale should match the architectural style of the structure. Simple gabled and hipped roof forms are preferred. Mansard and flat roofs should be used only if appropriate for the architectural style of the structure. Eaves that extend a sufficient distance to create shadow lines are encouraged if appropriate for the architecture of the structure. The roof of the garage and other accessory structures should mimic the roof of the structure in both form and pitch.
[8] 
Increase privacy on adjoining properties by employing the following techniques:
[a] 
Locating/reorienting direction of windows or decks to minimize views directly into adjoining structures and outdoor gathering places.
[b] 
Use structural features (e.g., raised planter boxes on parapet walls, nontransparent glazing) to restrict view angles to long rather than short distance view.
[c] 
Use smaller upper floor windows or use selective glazing at privacy sensitive locations.
[d] 
Use landscaping to reduce potential privacy impacts.
[e] 
If possible, increase setbacks for living areas that require more privacy. Where necessary to achieve greater privacy, re-orient the directions of windows or decks or adjust window size or sill height (e.g., use transom windows, skylights, or other alternative glazing).
[9] 
Detached or rear-loaded garages are recommended.
[10] 
Street-facing doors on attached garages should incorporate glass panel windows.
[11] 
The use of individual bay doors (single stall) is preferred over double-wide doors, particularly for street-facing attached garages.
B. 
Site suitability.
(1) 
Intent: The proposed land use and its design can occur without increasing danger to health or peril from fire, flood, or other hazards. The proposed land use and design also addresses long-term sustainability needs (environmental, economic, social) to ensure it can occur without increasing hazards, supports community needs and avoids significant long-term costs or maintenance demands.
(a) 
Standards.
[1] 
Preliminary design shall identify existing site conditions such as natural grade, wetlands, floodplain, tree clusters, hedgerows or vegetated buffers, water protection areas, scenic views, historic or cultural resources on the site and immediately adjacent. Lot layout and building placement shall be designed to minimize impacts to these existing conditions.
(b) 
Guidelines.
[1] 
Building and site layout should be compatible with existing topography and vegetation. Preservation of existing trees, particularly older growth trees, is recommended.
[2] 
Project elements (lots, buildings, access drives, parking, walkways, and service areas) should be located to protect, enhance, or minimize impacts to natural and cultural site features. For example, development proposals should be designed to enhance scenic view sheds, protect established landscaping, and preserve any historic or cultural resource areas.
[3] 
Site design should provide for the efficient use of the land so that expenses for development, future maintenance and community services are manageable. The efficient use of the land that may result in the reduction of development and future maintenance costs of street and utility systems is highly encouraged.
[4] 
To help maintain community character parking areas should be located to the rear of buildings to minimize their visibility from the street. The coverage of driveways and parking areas in the front and exterior side yards should be minimized to the greatest extent possible.
[5] 
Critical natural features that provide nature-based services (filter runoff, reduce flooding, buffer winds), support biological diversity, or maintain local character should be preserved as undeveloped common open space or required yard areas along with conservation measures to ensure they are permanently preserved.
C. 
Lighting requirements. Intent: Lighting guidelines are intended to eliminate adverse impacts of light spillover; provide attractive lighting fixtures and layout patterns that contribute to a unified exterior lighting design; encourage energy efficiency, and provide exterior lighting that promotes safe vehicular, pedestrian and bicycle access to and within a development, while minimizing impacts on adjacent properties and the nighttime sky.
(1) 
Applicability.
(a) 
Lighting standards contained in this chapter apply to all major subdivision or site plans (site plans reviewed by Planning Commission only) developed or redeveloped after the amendment adoption date. The standards apply to all proposed uses and structures where there is interior or exterior lighting.
[Amended 7-10-2023]
(b) 
Uses or structures developed prior to adoption of these lighting standards maintained as nonconforming structures, as defined by the City Zoning Ordinance, will not be required to comply with the lighting standards applicable to new subdivisions or land developments.
(c) 
Provisions of this section do not apply to:
[1] 
Emergency lighting or lighting used for public road construction projects.
[2] 
Temporary seasonal lighting displays.
[3] 
Temporary events (regulated by Chapter 80, Community Events).
[4] 
Lighting on existing uses (not included in a site plan review).
(2) 
Standards (all uses).
(a) 
Standards established by the City of Lewes and/or Lewes Board of Public Works or DelDOT (where applicable) for lighting systems design, installation, and maintenance shall be used in all applications those agencies administer or review.
(b) 
Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by the City, shall have illuminances, uniformities, and glare control in accordance with the latest edition of the IES Lighting Handbook or current Recommended Practices of the Illuminating Engineering Society of North America (IES).
(c) 
Luminaire (fixture) design.
[1] 
Luminaires shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the City.
[2] 
For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive service areas, loading docks, culs-de-sac, active and passive recreational areas, building/site entrances, and bicycle and pedestrian paths, luminaires shall:
[a] 
Be aimed straight down;
[b] 
Have no up light; and
[c] 
Meet full cutoff/fully shielded criteria (using IES standards).
[3] 
For the lighting of predominantly nonhorizontal applications or surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the City, luminaires shall be:
[a] 
Adequately shielded.
[b] 
Installed and aimed so as to not project their output offsite, past the object being illuminated, skyward or onto a public roadway.
Low light fixtures [not exceeding 500 lumens (output of a standard 40-watt incandescent lamp)], are exempt from the requirements of this subsection.
[4] 
LED light sources shall have a correlated color temperature that does not exceed 3000K in industrial and commercial districts, and not exceeding 2700K in residential districts.
(d) 
Lighting control.
[1] 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily using such means as full cutoff/fully shielded luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(e) 
Residential development lighting.
[1] 
Streetlighting.
[a] 
Streetlights shall be of a consistent style and be aesthetically pleasing throughout the subdivision or site development and should add value to the community as well as being compatible with the style of the homes in the subdivision.
[2] 
Parking spaces.
[a] 
In multifamily developments, common parking areas of four spaces or greater shall be illuminated.
[b] 
In residential developments with lots of less than 10,000 square feet, where four or more common contiguous parking spaces are proposed, such spaces shall be illuminated.
(3) 
Guidelines.
(a) 
Use energy efficient street as well as signage lighting which can meet design standards while minimizing energy use and resources (maintenance).
(b) 
Residential developments, streetlighting should be provided at:
[1] 
The intersection of public roads with entrance roads to the proposed development;
[2] 
Intersections involving proposed public or non-public major-thoroughfare roads within the proposed development;
[3] 
At the far end of cul-de-sac bulbs;
[4] 
Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 mph or greater;
[5] 
Defined pedestrian crossings located within the development;
[6] 
At other locations along the street as deemed necessary by the City.
(c) 
Special consideration should be given to minimizing adverse impact of a proposed lighting plan on beach and sensitive habitat areas, including but not limited to the following:
[1] 
For properties that are adjacent to beach areas, avoid the installation of lighting fixtures that are directly visible from the beach and adjacent nesting areas. Where possible place lighting fixtures so they are beneath an adjacent dune ridge thereby shielding it from adjacent beach areas. Lighting fixtures should also be placed to avoid illumination of dune areas unless absolutely needed and can be extinguished when not needed.
[2] 
For properties within or immediately adjacent to areas designated in the Delaware Ecological Network as "core areas, non-core hub areas, or corridors", lighting plans shall be developed that either a) limit any artificial lighting (0.0 luminaires) into the defined areas or b) incorporates mitigation strategies into the lighting plan that includes an identification of the species of greatest conservation need in that habitat area and use of lighting systems that limit disruption to those habitat areas.
D. 
Landscaping requirements. Intent. Maintain and use landscaping to enhance the aesthetic value and appearance of the area, to help preserve residential communities, and to maintain and enhance natural resources to maintain benefits associated with a healthy ecosystem while avoiding costs related to weather extremes, habitat/biodiversity loss, or increased runoff/flooding.
(1) 
Applicability. The landscaping standards of this section shall apply to any proposed major subdivisions or site developments as described below:
(a) 
The requirements and standards prescribed herein shall be the minimum for all plans as required by this section. Standards established by other City ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. All required landscaping shall be install prior to issuance of a certificate of occupancy permits. It shall be the responsibility of the owner to maintain all landscaping in accordance with the standards of this chapter.
(b) 
An overall landscape plan consistent with this section, Chapter 177, Trees, and all other applicable City ordinances, prepared by a registered landscape architect, shall be submitted.
(c) 
The City may also require an overall landscape plan in other instances as deemed appropriate.
(d) 
In cases where preserved natural features existing on the site replicate or essentially replicate the planting requirements of this section, a request for waiver for some or all of these requirements may be sought in accordance with § 170-7 Modifications. waivers and varying requirements. Invasive plants on the site cannot be used to comply with landscaping provisions and should be removed as part of the site improvement process.
(2) 
Standards.
(a) 
Consistent with the landscape plan requirements described below, the applicant shall plant trees and shrubs and make other landscape improvements, e.g., berms and fences, as necessary to negate the adverse visual impacts that the applicant's proposed actions may have on the development, adjoining properties, adjacent roadways, and the City in general.
(b) 
The applicant shall follow the planting and landscape design guidelines set forth below:
[1] 
The landscape standards included in this section are minimum requirements. The City reserves the right to require that these standards be exceeded if conditions so warrant.
[2] 
Landscape plans with perennial elements with a focus of using native and non-invasive species shall be used to enhance the survival rate of the plantings to support the native ecosystem.
[3] 
Plant material size and spacing standards. All plant material shall be native or non-invasive species[2] and shall be of good nursery stock, not subject to disease or blight. Nursery-grown plant material shall conform to those listed in the "American Standard for Nursery Stock," ANSIZ60.1, current edition, published by the American Nursery and Landscape Association (ANLA). The following guidelines are the minimum required for all nursery-grown plant materials or transplanted trees as required in this section:
[a] 
Unless otherwise allowed for specific reasons, all trees shall have comparatively straight trunks, well-developed leaders and tops, and root characteristics of the species or variety showing evidence of proper nursery pruning.
[b] 
All plants must be free of insects, mechanical injuries and other objectionable features at the time of planting. Plant material shall be installed in accordance with accepted planting practices.
[c] 
Street trees shall comply with Chapter 177, Trees. Not less than 60% of the trees to be planted shall be species native to the region. Multiple-trunked trees shall be identified as such in the plant list and shall be counted as one tree. The City may consider a smaller number of larger caliper trees to meet planting requirements, provided the monetary values are equivalent.
[d] 
Ornamental and flowering trees shall have a minimum height of eight feet at installation. Multiple-trunked trees shall be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.
[e] 
Evergreen trees shall have a minimum height of seven feet at installation.
[f] 
Shrubs shall comply with the following requirements:
[i] 
Large shrubs shall be not less than three feet tall at planting. A minimum of 50% of the shrubs shall be native to the region.
[ii] 
Small shrubs shall be not less than 24 inches tall or 18 inches in spread, depending on variety, at planting. A minimum of 50% of the plants shall be native to the region.
[g] 
Shrubs shall be spaced according to their size, growth characteristics, and intended use.
[h] 
Ground cover shrubs, herbaceous perennials, bulbs, and annuals shall be spaced appropriate to type and size at installation. Ground covers shall be spaced so that 100% of the beds are covered after two years' growth.
[i] 
A variety of plant species are encouraged to avoid monocultures, to encourage long-lived species, and to promote wildlife habitat.
[j] 
Other plant types, such as those marginally hardy to the area or those which have an unusual form, and/or nonvegetative features, such as water or rock gardens, may be incorporated into required planting areas. However, only those plants within the feature, which meet the above requirements, may be counted toward satisfying the minimum planting and buffering requirements of this section.
[k] 
To allow for design flexibility, plant material substitutions from the requirements may be permitted at the discretion of the City. In such cases, the applicant must demonstrate to the satisfaction of the City that the general intent of the ordinances is achieved and that the substitutions represent an equivalent monetary value to the required landscaping.
[2]
Non-native invasive plants of Delaware, Delaware Division of Fish and Wildlife, DNREC. Non-native Invasive Plants of Delaware_2018.pdf.
[4] 
To prevent soil erosion, suitable ground cover shall be provided on all areas of the project that are not covered by paving, stone, or other solid material. Ground cover may consist of shrubs, spreading plants, sods, and decorative grasses.
[5] 
When the proposed landscape improvements do not conform to these guidelines, the applicant shall undertake other design measures, e.g., site planning, architectural, landscape architectural, which in the opinion of the City, achieve comparable results or that render the guidelines unnecessary or inappropriate.
[6] 
At every street intersection there shall be a clear view between the heights of three feet and 10 feet in a triangle formed by the corner and points on the curb 30 feet from the intersection and entranceway.
(c) 
Applicants proposing a major subdivision or site plan abutting a designated Historic Lewes Byway shall:
[1] 
Consult with Historic Lewes Byways representatives to obtain guidance on proposed landscape plan designs.
[2] 
Prepare a vegetation and view shed evaluation as part of the landscape plan identifying the following:
[a] 
Location, type and size of all existing trees or tree stands with an emphasis on native trees, and a notation of whether each such tree or tree stand is to be preserved, replaced or removed; and
[b] 
An assessment of defined (within City plans) or identified scenic viewsheds.
(d) 
Applicants proposing to subdivide or develop a property that contains waterways or wetlands shall obtain a letter from the City Hazard Mitigation and Planning Team identifying any concerns with invasive plant conditions and a recommended management plan to manage conditions as part of the development proposal.
(e) 
Trees along streets. Trees shall be planted in accordance with Chapter 177 along both sides of proposed public and or shall be planted along both sides of or private streets. Trees shall also be planted in proposed boulevard islands, islands in the center of culs-de-sac, and adjacent to sidewalks on streets without parkways. Where an existing street transecting a development is deficient in trees, sufficient trees shall be planted along both street-sides and boulevard abutting the development to bring the street into conformity with these requirements. The design of utility facilities shall accommodate the planting of trees along streets.
(f) 
Buffering and screening. Landscaped buffers and screening, where applicable, shall be designed to serve identified purposes such as providing effective transitions between different use types, preserving resources or privacy, mitigating impacts (noise or glare) or obscuring views of utility services or parking lots. In its review of proposed development the City shall balance the need to buffer or screen areas, using defined standards, with the core values to maintain the human scale and intimate neighborhood character that defines quality of life.
[1] 
Residential area buffers as defined below shall be provided as follows:
[a] 
Residential area buffers shall be provided along a shared property line in the following instances:
[i] 
Proposed residential dwellings on smaller lots or consisting of attached units are located within 100 feet of a shared property line with existing detached dwellings.
[ii] 
Proposed nonresidential development adjacent to residential dwellings located in a zoning district which permit attached or detached dwellings.
[b] 
Residential area buffers shall provide a minimum thirty-foot vegetated buffer and shall be included in open space and shall not be located on individual lots meeting one of the following standards:
[i] 
A planting strip within the required thirty-foot buffer consisting of a mix of canopy trees, understory trees, and shrubs to provide a functional screen between the developments.
[ii] 
A landscaped rolling berm at least four feet in height within the required thirty-foot buffer.
[iii] 
A solid fence or wall designed with durable materials, texture and colors compatible with the adjacent residential development. The fence or wall will be set back at least five feet from the shared property line, with suitable landscaping on both sides.
[2] 
Corridor buffers. For proposed developments along a marked state road or designated Historic Lewes Byway (New Road, Pilottown Road/Front Street, Savannah Road, Kings, Highway, Gills Neck Road, and Cape Henlopen Drive) buffer areas and screening shall be provided. The following shall be used to create a visual corridor buffer:
[a] 
Buffer width: between the right-of-way and applicable property lines:
[i] 
Where there are no established individual lots, a fifty-foot buffer is required, measured from the applicable road right-of-way to the near face of the adjacent structure; or
[ii] 
Where individual lots are established, a fifty-foot buffer is required, measured from the applicable road right-of-way to the near property line; or
[iii] 
Where there is a street between the structure and the corridor (state road) a fifty-foot buffer is required, measured from the applicable road right-of-way to the near edge of the street.
[b] 
Buffer treatments. Within the required buffer, the following are permitted to provide screening from the roadway and can be no closer to the right-of-way than 25 feet:
[i] 
A planting strip within the required buffer, consisting of a mix of canopy trees, understory trees and shrubs to provide a functional screen; or
[ii] 
A landscaped rolling berm at least four feet in height within the required buffer; or
[iii] 
A solid fence or wall designed with durable materials, texture and colors compatible with the adjacent residential development. The fence or wall will be suitably landscaped on both sides.
[3] 
Agricultural buffer. A forested buffer area, designed and maintained in accordance landscaping standards of this section, and Chapter 177, Trees, of the Code of the City of Lewes, with a minimum width of 30 feet shall be provided for lots abutting an agricultural area.
[4] 
Wetlands buffer. A vegetated buffer area in accordance with § 197-74G of the City Zoning Code.
[5] 
Site element screens shall be placed to screen identified element to the satisfaction of the City, when such elements are proposed within 50 feet of a property or right-of-way line. Site element screens may be located within required buffer areas. Screen plantings used around parking lots shall be placed to provide a snow stockpile area. Site element screens may be eliminated if they are adjacent to or within other buffers, when the screen buffer effectively screens views of the site element. Site element screens shall comply with the following planting requirements:
[a] 
Site element screens shall be one of the following types, according to use. If a use is not listed, the screen most suited to the use shall be used.
[i] 
Low screens shall be used around the perimeters of all parking lots or other similar vehicular use areas, including service stations, sales lots for motorized vehicles, vehicular stacking lanes associated with a drive-through, and around trash enclosures or storage buildings when decorative walls, such as brick, latticework or split-face concrete block, are proposed.
[ii] 
High screens shall be used adjacent to loading areas, around trash enclosures and storage buildings, when fencing or plain concrete masonry units are proposed, and around transformers, maintaining the required clear distance. High screens or six-foot-high opaque fencing shall also be required to buffer accessory structures from the higher classification street on reverse frontage lots.
[iii] 
Yard screens shall be placed around vehicular storage areas that are not used as parking lots or sales areas, around the perimeter of tank farms and similar facilities, and around utility towers and equipment yards.
[6] 
Buffer and screen requirements.
[a] 
No structures may be placed within the buffer area and no manufacturing or processing activity or storage of materials shall be permitted, except for the following:
[i] 
Landscaped treatments such as berms, fences, or walls which aid in screening and do not conflict with the character of adjoining properties, or block clear sight distance required at intersections.
[ii] 
Structures relating to and used for landscaping such as: tree wells, tree guards, tree grates and retaining walls to preserve stands or specimens of existing trees or used for other functional purposes.
[iii] 
Site element screens, existing natural features, structural garden elements (such as gazebos and trellises), water features, sculpture, and project identification signs may be placed within the buffer, provided they do not replace or diminish the intended screening effect of the buffer.
[iv] 
Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within road rights-of-way such as curbs, sidewalks, signs, lighting standards, or benches.
[v] 
Underground utilities. Existing plantings, woodlands, hedgerows, topography, or man-made structures can reduce or eliminate the buffering requirements if they partially or completely achieve the same level of screening as the planting requirements outlined in this section. This determination shall be made at the discretion of City Council.
[b] 
Existing trees within the required buffer yard greater than three inches in caliper or greater than 12 feet in height shall be preserved to the extent feasible. Such trees may be counted towards required plant materials as determined by City Council.
[c] 
Fences, walls and berms shall be used in conjunction with required landscaping, not to replace it.
[d] 
If berms are proposed, they shall conform to the following standards:
[i] 
Berms shall be a minimum of four feet in height and shall not be steeper than three-foot horizontal distance to one-foot vertical distance.
[ii] 
Berms should be located to work in conjunction with vegetation, fences and/or natural features to provide an effective buffer. They shall be laid out to replicate naturally occurring landforms. Their locations shall not adversely affect stormwater management.
[e] 
The buffer planting shall be so placed that at maturity vegetation extends not closer than three feet from any street or right-of-way.
[f] 
The developer shall place boundary markers on the edge of corridor, agricultural and wetlands buffers, at a spacing of one marker per 100 feet of buffer boundary line to prevent buffer encroachment. The boundary markers shall face away from the buffer and must be placed on posts installed securely in the ground. Posts can be metal or wood. If wood posts are used, they must be at least four inches by four inches in size and made of treated wood. The posts must extend a minimum of three feet above the ground surface and must be sunk at least two feet below ground. The boundary markers shall be four inches by six inches rectangular with black lettering and azure blue background.
(g) 
Parking lot design and landscaping. In addition to the off-street parking specifications in located in § 197-61, Off-street parking, of the zoning ordinance, the following planting and landscaping standards shall be applied for any major subdivision or site development:
[1] 
All parking lots with five or more spaces shall be designed and effectively landscaped with trees and shrubs to:
[a] 
Provide shade in order to reduce the amount of reflected heat and to improve the aesthetics of parking lots.
[b] 
Reduce the visual impact of glare, headlights and parking lot lighting.
[c] 
Facilitate pedestrian circulation and safety.
[d] 
Facilitate vehicular circulation by delineating driving lanes and defining rows of parking.
[2] 
Planting islands shall conform to the following standards:
[a] 
There shall be one planting island, a minimum of nine feet wide by 18 feet long, spaced not more than 135 feet apart, or every 15 parking stalls, in single or double bays.
[b] 
Islands shall be placed opposite each other in adjacent rows of parking, to reduce the number of islands, and to increase the area available for tree roots.
[c] 
The last parking stall in a row shall be separated from drive aisles by a planting island a minimum of nine feet in width.
[d] 
Each planting island shall contain one shade tree plus shrubs, ground cover, perennials and/or mulch to cover the entire area at maturity. At least 50% of the proposed shade trees shall be native to the region. Shrubs shall not exceed three feet in height.
[3] 
Divider strips shall be provided on parking lots accommodating 90 or more parking spaces and shall conform to the following standards:
[a] 
Divider strips shall be placed every other bay of parking, running the length of the rows of parking and landscaped with plantings of shade, ornamental, and/or flowering trees, plus shrubs, ground cover, and/or mulch to cover the entire area at maturity. A bay of parking is the width of pavement needed to accommodate either one or two rows of parking stalls, plus one access lane.
[b] 
Divider strips shall be a minimum of 10 feet wide, unless a sidewalk is proposed within and parallel with the divider strip. If a sidewalk is proposed within the strip, the divider strip shall be increased in width by the width of the sidewalk to accommodate the sidewalk.
[c] 
One shade tree shall be required for each 50 feet of divider strip.
[d] 
Divider strips may be designed as rain gardens or may be planted with combinations of shrubs and ground covers. Shrubs near the ends of divider strips shall not exceed two feet in height, so as not to block visibility. This shall not preclude the use of taller shrubs elsewhere within the divider strip.
[4] 
Plantings shall be placed between parking lots and buildings to break up long stretches of facade and provide a more comfortable pedestrian environment, according to the following standards:
[a] 
Plantings are required for all sides of a building facing parking areas exclusive of building entrances. Plantings are not required along the sides of buildings containing service or loading areas. If part of a side of the building faces parking, only that portion is subject to these requirements.
[b] 
The minimum planting requirement shall be one shade tree per 50 feet of building facade plus five small shrubs per 50 feet of building facade. In lieu of shrubs, 50 herbaceous perennial plantings may be provided per 50 feet of building facade.
[c] 
Any plantings in accordance with or in addition to the requirements of this section may be placed in a lawn area, tree pits, planters or hanging baskets as appropriate to the character of the development, using the following guidelines as to placement:
[i] 
Tree placement shall take into consideration location and size at maturity, including hazards with storm events. Applicants shall work with Parks and Recreation during plan review to evaluate any placement issues.
[ii] 
If any tree is located closer than 10 feet to a sidewalk, approved root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.
[iii] 
The bottoms of hanging baskets shall be at least eight feet above the sidewalk surface to provide for pedestrian clearance and clear visibility.
[5] 
Shrubs, ground covers and perennials used below shade trees within parking lots shall be of species able to withstand the harsh microclimate of a parking lot. Plant selection should take into consideration tree growth and canopy cover, and should be partially shade tolerant species.
[6] 
To prevent conflicts with the opening and closing of automobile doors and to reduce damage from automobile overhang, all shrub plantings in parking lot islands and divider strips located adjacent to or abutting parking stalls shall be set back such that there is a minimum of two-feet from the curb or edge of pavement when the shrub reaches maturity.
[7] 
Plantings required within the parking areas are exclusive of other planting requirements such as street trees and buffers.
[8] 
Plantings shall comply with the standards prescribed in § 170-26D(2) and the guarantee prescribed in § 170-26D(2)(i), except that dead material in hanging baskets, pots and urns shall be replaced promptly. If owner receives notification from the City replacement shall be made within defined time frame.
(h) 
Landscape plans, prepared by a Delaware registered landscape architect, shall be submitted at the time of preliminary and final plan applications. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set. They shall contain all applicable general plan information indicated for preliminary and final plans, respectively. They shall also conform to the following additional standards:
[1] 
Detailed planting areas, which are not clearly legible on plans at a smaller scale, shall be shown at a scale of one-inch equals not more than 30 feet to depict the detail. This may be necessary to communicate plantings around signage, project entries, in courtyards, tot lots, or building foundations, for example.
[2] 
Cross section elevations shall be used to illustrate corridor buffer areas in relation to street corridors and adjacent proposed structures.
[3] 
Existing and proposed improvements, including grading, utilities, lighting, signage, stormwater management system structures, pavement materials, water features, fences, and walls shall be shown and noted on the landscape plans.
[4] 
The outlines of ground cover and mulch beds shall be depicted. All ground plane treatments shall be labeled, including grass.
[5] 
The plans shall contain a plant list on the same sheet or reference the sheet on which it appears. The plant list shall include the following:
[a] 
A key or symbol reference corresponding to labels or symbols on the plan.
[b] 
The proposed quantity of each plant species.
[c] 
The scientific and common plant names, including named cultivars, if applicable.
[d] 
The size of the plant at installation, according to the American Nursery and Landscape Association (ANLA) standards, which shall include height, spread, and caliper.
[e] 
The root condition.
[f] 
Plant spacing.
[g] 
Natural or maintained height and spread anticipated after 30 years' growth.
[h] 
Any special specification or instructions, such as full to ground, multi-stemmed, hedge, limb up to 12 feet, espalier, etc.
[6] 
The plans shall contain standard specifications for installation, including a guarantee note and planting distances from utilities.
[7] 
Details for landscape installation shall be provided, including any specialty features, either on the same sheet or references to the sheet on which they appear.
[8] 
The signature and seal of the Delaware registered landscape architect preparing the plans shall be provided.
[9] 
A cost estimate of the proposed plantings shall be submitted with the final plan application.
(i) 
Installation, guarantee and maintenance. All landscape materials, including existing and transplanted vegetation or materials depicted on the approved landscape plan to satisfy the requirements of this section, shall be financially secured, guaranteed, and maintained, including, without limitation, compliance with the following:
[1] 
All landscape improvements to be provided shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily limited to, provisions for surface mulch, staking and guying, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, and watering.
[2] 
The applicant shall make arrangements acceptable to the City that all landscape improvements installed in accordance with this section shall be guaranteed and maintained in a healthy condition, or otherwise be replaced by equivalent improvements, for a period of 24 months following their installation, except as may otherwise be required by this section.
[3] 
After installation and prior to commencement of the guarantee period required above, the City shall perform an inspection of the finished site for compliance with the approved landscape plan. Following this inspection, an as-built landscape plan shall be furnished to the City by the applicant. Provided the finished site is found to be in compliance, the twenty-four-month guarantee period shall commence five days from the date of inspection. All plants shall be in a vigorous and thriving condition at the end of the twenty-four-month period as determined above. Final inspection of the site following the twenty-four-month period will be made by the City.
[4] 
The developer shall replace all dead trees and shrubs that are part of the area's landscape design prior to transferring management responsibilities to a homeowner association or equivalent.
[5] 
Plants found to be in poor health or lacking normal growth habit during the twenty-four-month guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 30 days of being notified by the City. If notification is made out of season, replacements shall be made during the next planting season. If the original plants declined due to poor species selection, substitute plants, determined by the City to be more suitable for the site's environmental conditions or planting scheme, shall be used. A modified landscape plan shall be filed with the City. Replacement plants shall be inspected by the City after installation.
[6] 
The applicant shall be required to post financial security in accordance with § 170-21 of this chapter for all proposed landscaping required by this section, for existing plants being disturbed by construction activities, and for transplanted and preserved plants that are being used to satisfy the minimum requirements contained in this section or Chapter 177. The amount of the financial security shall be equal to 150% of the amount of the cost estimate for said landscaping as agreed to by the City and shall be based upon the cost of replacement with nursery-grown stock.
[7] 
The applicant shall make arrangements acceptable to the City for the property's long-term landscape maintenance. The applicant shall provide the names, addresses, and telephone numbers of those persons or organizations who will be assuming such responsibilities. Landscape improvements required by this section shall be the subject of suitable restrictive covenants and, if practicable, rules and regulations governing the use and maintenance of common land and facilities, which covenants, rules, and regulations shall be in form and substance acceptable to the City Solicitor and, in the case of covenants, recorded as encumbrances running with the land on which the improvements are installed. The covenants, rules, and regulations shall, without limiting the foregoing, require the maintenance and replacement and prohibit the destruction or removal of all landscape materials and improvements depicted on the approved landscape plan, empower the City to enforce said obligations, and prohibit the amendment or termination of any of the mandatory terms thereof without the express joiner of the City.
(3) 
Guidelines.
(a) 
Applicants should present long-range landscape projections and plans at the initial phases of development for approval by the City. These plans should consider the desirability of planting a proportional distribution of mature native trees. Protection of existing trees, hedgerows and natural cover strips should be encouraged. The City Parks and Recreation Commission may assist the developer in these evaluations.
E. 
Open space requirements. Intent. Provide open space, in conjunction with new development, to allow inhabitants to enjoy natural settings and recreational activities, preserve and enhance unique and sensitive natural or cultural resources, build upon and enhance the community open space network and provide adequate transitions to better integrate development into established communities or environmental areas.
(1) 
Applicability. The open space standards of this section shall apply to any proposed major subdivision or site development as described below:
(a) 
Open space shall be provided within all major subdivisions and site developments (applications requiring review by the Joint Site Development Ad Hoc Review Committee). Open spaces are typically maintained as common open space areas consisting of but not limited to lawns, trees, landscaping, sidewalks or pathways and benches.
(b) 
The requirements and standards prescribed herein shall be the minimum for all plans as required by this section. Standards established by other City ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. It shall be the responsibility of the owner to maintain all open space in accordance with the standards of this chapter.
(2) 
Standards.
(a) 
Open space areas shall not comprise less than 20% of the gross area of a major subdivision or applicable site development. Additional open space shall be required in conjunction with residential multifamily, planned community, or cluster lot options in defined Annexation Zones - see Chapter 197, Table 7 in the City of Lewes Code for required open space.
(b) 
Open space shall be configured so that:
[1] 
At least 40% of the open space will be contiguous.
[2] 
At least 20% shall be suitable for community open space which is easily accessible to all units, without interfering with adjacent dwelling units, parking, driveways and roads.
[3] 
At least 60% will be usable open space outside of wetlands (tidal or non-tidal) or floodways.
[4] 
No more than 20% can be impervious.
(c) 
No structures or uses shall be permitted to count as required open space, except those that contribute to the passive or active recreational use and enjoyment of the space such as play structures, pergolas, picnic tables and benches.
[1] 
Specific uses that cannot count towards open space include, but are not limited to:
[a] 
Parking areas.
[b] 
Sewage or water treatment facilities.
[c] 
Storm water management basins, spillways, level spreaders, bio-retention areas, and water retention ponds.
[2] 
For projects that provide more than 30% of the gross area for open space, and would utilize green technology stormwater best management practices that can be graded into the natural terrain permitting recreational use, the Planning Commission may recommend relief from this provision, which may be granted at the discretion of City Council.
(d) 
Open space areas shall be arranged where possible to interconnect with adjacent open space areas, greenways, or byways to ensure the potential for a contiguous open space network throughout the City. If the development is adjacent to a public trail, park, greenway or other preserved open space, an open access area must be provided to ensure access by residents.
(e) 
The size and location and configuration of open space shall provide adequate access to residents within the subdivision or development and enable appropriate access for maintenance. Long, thin (less than 10 feet in width or 20 feet in length - unless segments of an approved trail or greenway connection) or inaccessible areas of open space shall not count as required open space.
(f) 
Open spaces shall be permanently protected from development. All open space may be open to the residents within the development or be dedicated to the City upon mutual agreement between the developer and the City.
(g) 
Ownership and maintenance of required open space shall be designated through one of the following options - in order of preference:
[1] 
Ownership in common by a homeowners' or community association. The developer/owner/association shall provide for the development and maintenance of any required open space in accordance with requirements and specifications in the Delaware Uniform Common Interest Ownership Act Title 25, Chapter 81, where applicable, or in accordance with City standards for ownership and maintenance for open space areas not otherwise covered by federal or state law.
[2] 
For developments containing required open space for which a homeowners' or community association is deemed not feasible by City Council, open space areas shall be protected through conservation easement which has been reviewed and approved by City Council. Terms of the conservation easement shall describe the on-going maintenance responsibilities and actions should management issues arise with the common property.
(3) 
Guidelines.
(a) 
Due consideration should be given to the preservation of large trees, natural groves, waterways, scenic points, historic spots, and similar community assets. Resource to consider include those identified as part of the Parks and Recreation Commission plan review and/or features identified in Comprehensive Plan Mapping (historic resources and open space, environmental features) along with resources and connections identified in the Greenway Master Plan.
(b) 
For residential and community developments consideration should be given to creating a central community gathering place.
(c) 
Open space should be suitably landscaped, either by retaining existing natural cover and wooded areas (green space) and/or by revegetating the space described in a landscaping plan that enhancing open space areas through plantings which are consistent with the purposes of this section and landscaping standards (§ 170-26D).
F. 
Archaeological review.
[Added 11-13-2023]
(1) 
Purpose: identify, evaluate, excavate, and preserve archaeological resources located within the City of Lewes.
(2) 
Applicability: this applies to major subdivisions, minor subdivisions, and site development plans that have a high probability of containing archaeological resources.
(3) 
"Professional archaeologist": as defined by the Secretary of Interior Standards and Guidelines for Archaeology and Historic Preservation (36 CRF Part 61).
(4) 
An identification level survey report shall be required for any development that requires a major subdivision review, minor subdivision review, or site development plan as identified in applicability.
(a) 
The identification level survey report as identified in the "Archaeological Survey in Delaware, February 2015," or its successor document shall be submitted with the submission of the preliminary plan.
(b) 
The identification level survey report shall be completed by a professional archaeologist and in accordance with the most recent "Archaeological Survey in Delaware, February 2015," or its successor document. The Planning Commission and/or Mayor and City Council may require additional review regarding specific items as identified in the identification level survey.
(c) 
If the identification level survey report determines that further research should be performed on the site, an evaluation survey as identified in the "Archaeological Survey in Delaware, February 2015," or its successor document shall be completed, and a copy of the final report shall be submitted to the City of Lewes Planning Department prior to final plan approval for review by the Mayor and City Council.
(d) 
The applicant shall comply with all state and federal requirements pertaining to archaeological items identified in the identification level survey.
(5) 
Incidental discovery of archaeological sites.
(a) 
If archaeological resources or indicators are unearthed or exposed in the course of the project, the following shall occur.
[1] 
The applicant shall stop work immediately.
[a] 
The Planning Department will determine when work will resume based on consultation with a professional archaeologist or state professional after consultation with the City Manager or designee.
[2] 
The applicant shall contact the Planning Department immediately.
[3] 
The applicant shall contact the State Historic Preservation Office or relevant entity to determine the significance of the unearthed or exposed resource or indicator.
[a] 
The applicant shall work with the professional archaeologist or state professional to determine the disposition and/or curation of archaeological elements found.
(6) 
Violations.
(a) 
Violations shall follow § 170-8 and fines shall be adequate to deter noncompliance.
A. 
Intent. Ensure that City of Lewes right-of-way, street, curb, sidewalk and bicycle, infrastructure (street infrastructure) is provided for the proposed subdivision and land development project, including transportation solutions that are sensitive to the area nearby to the proposed subdivision, consider stormwater quantity and quality issues, and respect the historic and small-town character of the City as stated in the City of Lewes Comprehensive Plan. Ensure that the proposed street infrastructure will minimize speed limits, street lengths, and street widths, while maximizing tree and vegetation planting, subdivision and Citywide social interaction, and interconnection with adjacent streets and neighborhoods. Ensure safe, efficient, and convenient movement of vehicular and pedestrian traffic, adequate parking as applicable, and ensure that street infrastructure is designed to limit the use of each street or circulation path to that use for which it is designated, insofar as possible. Within the context of overall community development, the internal circulation should promote and encourage the increased use of pedestrian and bicycle movement among residential, local shopping, schools, and other areas, through the employment of connecting open space, bicycle ways/pedestrian ways, and other design techniques and devices.
B. 
Standards.
(1) 
Despite any contrary provisions in the Municipal Code of the City of Lewes, the provisions of this Chapter 170 shall control regarding standards and specifications for streets infrastructure in subdivisions approved pursuant to this Chapter 170.
(2) 
No residential, secondary, or main thoroughfare streets shall be designed for passing.
(3) 
Arrangement:
(a) 
Stub streets will be located, or easements will be granted, to permit the future development of interior land parcels.
(b) 
Proposed subdivision streets shall be arranged to conform to the arrangement of both existing and planned streets, to form a harmonious and systematic development of the City's residential and secondary streets, and main thoroughfares, and shall connect with such existing roads and highways to form continuation thereof. Residential streets shall be laid out to discourage their use as secondary roads or main thoroughfares.
(c) 
Proposed streets shall connect with existing and/or planned streets unless excepted by the City due to the potential for damage to existing natural conditions. Interconnection average daily traffic calculations shall be required from the developer and utilized in coordination with the City Engineer to determine the need for traffic calming measures.
(d) 
Streets shall conform to topographical conditions.
(4) 
Street rights-of-way and pavement widths shall be adequate for anticipated traffic capacities, according to type and intensity of development. In addition, street right-of-way widths shall accommodate the approved pavement width, curb and curb/gutter if required, eight-foot planting areas on both sides of the street, and five-foot-wide concrete sidewalks on both sides of the street.
(5) 
Grading:
(a) 
Street shoulders shall be graded to the full width of the right-of-way and provisions made for slopes beyond the right-of-way.
(6) 
Right-of-way and paving widths:
(a) 
The minimum width of right-of-way and paving where a proposed subdivision interconnects with an existing street shall not be less than the existing street right-of-way and paving widths - the right-of-way and paving width transitions to the proposed subdivision shall be reviewed and approved by the City Engineer. The right-of-way and paving widths for the remainder of the proposed subdivision shall not be less than the following.
Right-of-Way
(feet)**
Paving*
(feet)
Curb Required****
1.
Residential streets (including group housing and apartment projects):
Development density:
a.
> 4 Units/Acre
54
26
Yes
b.
< 4 Units/Acre
50
22*****
Per City Engineer
One-way streets***
50
22
Per City Engineer
2.
Secondary streets
60
32
Per City Engineer
3.
Main thoroughfares
80 to 100
44
Yes
NOTES:
*
Measured from toe (low point) of curb, or curb and gutter.
**
Right-of-Way widths may be revised by the City depending upon existing conditions in the proposed right-of-way area. Also, the developer shall provide an additional five-foot easement if an open drainage system is utilized.
***
The use of one-way streets must be approved by the City Engineer and the City.
****
Type of curb - vertical curb, vertical curb and gutter, or roll curb and gutter, shall be determined in coordination with the City Engineer.
*****
22-foot-wide streets require no parking on one side of the street, and it shall be the side that includes fire hydrants. "No-Parking" signage and yellow curb painting (per City-approved color and paint material) shall be described on the final construction plans.
(7) 
Design speed, sight distance, grade, alignment, horizontal radii, and vertical curves:
(a) 
Street design speeds, sight distances, grades alignment, horizontal radii, and vertical curves shall be designed per the following table noting that grades in excess of 5% should be avoided, and the minimum grade shall be 1/2 of 1%.
Type of Street
Design Speed
(miles per hour)
Sight Distance*
(feet)
Maximum Grades**
Minimum Horizontal Radii
(feet)
Minimum K-Value
Sag
Crest
Residential
20
115
10%
100
17
7
Secondary and main thoroughfare
25
155
10%
150
26
12
NOTES:
*
Sufficient right-of-way dedicated to the public use shall be provided to maintain the required line of sight.
**
Maximum street grades can be waived on an individual basis subject to the City Engineer's judgment with respect to the severity of the topography.
(b) 
Vertical curves will be required on streets with an algebraic grade difference equal to or greater than 1%.
(c) 
Deviations from these criteria shall only be considered if presented in writing and if it has been proven to the satisfaction of the City Engineer that the required criteria cannot be met.
(d) 
The grade within 50 feet of any side of an intersection shall not exceed 3% as measured at paving.
(e) 
A combination of minimum radius horizontal curves and maximum grades will not be approved. A long radius curve shall be used rather than a series of curves connected by short tangents. Reverse curves shall be separated by tangents of 100 feet or more to provide a proper transition and will be considered by the City Engineer based on existing conditions. Minimum radius curves at the end of long tangents shall be avoided.
(f) 
For residential streets with an ADT greater than 500, a sight distance of at least 350 feet shall be provided, at driver's height of five feet, with respect to both horizontal and vertical alignment.
(8) 
Design standards:
(a) 
Driveway access to a DelDOT, or Delaware River and Bay Authority (DRBA), maintained street from individual lots shall not be permitted without the consent of the City Planner and as required by DelDOT.
(b) 
A soil investigation program shall be required for all proposed streets within the subdivision. Boring locations, sampling procedures and methods of testing shall be approved by the City Engineer. Depending upon the soils encountered, infiltration testing may be required by the City Engineer for evaluation of permeable paving alternatives. The infiltration test procedure shall be approved by the City Engineer, and shall, at a minimum, comply with the best management practices requirements of the Sussex Conservation District. All data collected shall be submitted to the City Engineer for review.
(c) 
Surface treatment pavement (sealcoating, fog sealing, microsurfacing, tar and chip, etc.) shall not be permitted on subdivision streets.
(d) 
Pavement sections are to be designed based on the ADT determined to be utilizing the planned roadway and the existing subsurface conditions. Acceptable pavement sections, other than permeable pavement systems, are to be designed based on assuming poor soils. If the applicant wishes to propose pavement sections based upon anything other than poor soils, soil testing may be performed as noted above, at no cost to the City, by a State of Delaware accredited geotechnical scientist and lab. This request shall be made prior to preliminary plan submission. Based on the soil investigation program, undercutting may be required prior to pavement box construction. The pavement sections shall be designed to meet the following conditions/criteria:
[1] 
Permeable pavement systems:
[a] 
The developer shall consider, in coordination with the City Engineer, the use of permeable pavement systems where existing soil conditions and infiltration testing determine it is feasible. Final permeable pavement system design shall be coordinated, reviewed, and approved by the City Engineer but, at a minimum, shall include the following:
[i] 
Four inches of porous asphalt pavement per City Engineer-approved mix design.
[ii] 
Two inches of No. 8 washed stone reservoir layer.
[iii] 
Ten inches of No. 2 washed stone bedding layer.
[iv] 
Non-woven geotextile fabric wrapped up sides of stone courses.
[v] 
Uncompacted subgrade.
[vi] 
Permeable paver system mix designs shall be coordinated, reviewed and approved by the City Engineer.
[2] 
Non-permeable pavement systems:
[a] 
Hot mix asphalt may only be placed directly over GABC, or BCBC, and never placed directly over select borrow or subgrade.
[b] 
Undisturbed subgrade and select borrow cannot be counted in structural number calculations.
[c] 
The allowable lift thickness and structural values for materials used are shown below:
Lift Thickness
Structural Number Contribution Per Inch
Minimum
(inches)
Maximum
(inches)
Hot-mix asphalt Type C
1 1/2
2
0.4
Hot-mix asphalt Type B
2
3
0.4
Bituminous concrete base course (BCBC)
3
6
0.32
Graded Aggregate base course (GABC)
-
8
0.14
[d] 
Average daily traffic volume (ADT), and truck volume calculations shall be required for proposed streets within the subdivision and shall be approved by the City Engineer.
[e] 
The minimum required structural number shall be as follows:
ADT
Required Structural Number (prior to 80% completion)
Pavement Section
1 to 150
2.52 (1.92)
1 1/2-inch Type C
2-inch Type B
8-inch GABC
151 to 500
2.92 (2.32)
1 1/2-inch Type C
3-inch Type B
8-inch GABC
501 to 1,000
3.40 (2.60)
2-inch Type C
3-inch Type B
10-inch GABC (2 equal lifts)
1,001 to 2,000
3.68 (2.88)
2-inch Type C
3-inch Type B
12-inch GABC (2 equal lifts)
2,001 to 3,000
3.96 (3.16)
2-inch Type C
3-inch Type B
14-inch GABC (2 equal lifts)
3,001 to 5,000
4.16 (3.56)
1 1/2-inch Type C
2-inch Type B
6-inch BCBC
6-inch GABC
Over 5,000
Submit data to City Engineer for pavement design
[f] 
The structural numbers of the individual materials to be used in the construction of the pavement section shall be as required by the specifications of the Department of Transportation of the State of Delaware, as the same may be from time to time amended. Undisturbed subgrade and select borrow cannot be counted in structural number calculations.
[g] 
The pavement section of the subdivision street built to serve a future area of development shall be increased in strength to serve both the present (including subdivision construction) and future traffic loads. If such a street must serve the construction traffic of the future development, the pavement section shall again be increased in strength to accommodate such traffic.
[h] 
Pavement topcoats on all streets and roadways shall be completed in accordance with the following percentages for the project or approved phase:
Certificate of Occupancy Percentage
Top Coat Must be Installed Within (number of years)
40%
5
50%
3
70%
2
90%
1
[i] 
A two-year extension from the top coat percentage requirements above may be granted at the discretion of the City Engineer if the following factors can be demonstrated:
[A] 
There is active construction occurring in the approved project or phase. For purposes of this section, "active construction" is defined as a minimum of 5% (rounded up to the next whole number) of the total lots in the approved project or phase that have had a certificate of occupancy issued during the two years prior to the date of the extension request.
[B] 
A maximum of two, two-year time extensions may be granted per approved project or phase.
[C] 
Any two-year extension granted by the City Engineer shall supersede the deadlines set forth in top coat percentage requirements above, and the topcoat must be installed by the expiration of the time extension.
[D] 
Entrance areas that provide the only point of vehicular access for a development are eligible for an extension without satisfying the outlined top coat percentage requirements at the discretion of the City Engineer.
[ii] 
Project close-out procedures.
[A] 
Prior to topcoat surface application, the road must pass a pre-pave inspection and all punchlist items required by the City Engineer must be completed. All final topcoat surfaces must pass topcoat inspections and approval by the City Engineer and have completed all items listed on the punchlist issued by the City Engineer.
[B] 
If concrete curb damage is evident as determined by the City Engineer, the following repairs are required:
{1}
If a vertical crack is less than 1/32 of an inch wide, then the curb is acceptable.
{2}
If a vertical crack is more than 1/32 of an inch wide, then the crack must be sawcut and filled with a backer rod and sealant.
{3}
If the curb is chipped with a width and/or height two inches or less and less than 1/4-inch deep, then the chip must be patched with a sealant as approved by the City Engineer.
{4}
If there are more than six chips and/or three vertical cracks or a total of six chips and vertical cracks within a four-foot section of curb, then the curb must be replaced. The four-foot section shall be measured from each chip.
{5}
If replacement is required, the curb shall be saw cut and replaced in a minimum of four-foot section and not within four feet of a joint.
{6}
As new technology emerges, that technology may be considered as a method to repair or replace curb. One such example includes milling a section of curb adjacent to the roadway.
{7}
The City Engineer may require concrete core samples.
[C] 
If sidewalk or driveway apron damage is evident as determined by the City Engineer, the following repairs are required:
{1}
If there is a vertical difference, greater than 1/4-inch at a joint, then the sidewalk must be replaced from joint to joint.
{2}
If replacement is required, the concrete shall be saw cut and replaced in a minimum of four-foot sections beginning at a joint.
{3}
As new technology emerges, that technology may be considered as a method to repair or replace sidewalk. One such example includes grinding a section of sidewalk adjacent to a vertical separation.
{4}
The City Engineer may require concrete core samples.
[D] 
If pavement damage is evident as determined by the City Engineer and/or other authorized individuals, the damaged area shall be repaired by traditional mill and overlay practices. New technologies may also be considered following consultation with a registered professional engineer and approval of the City Engineer.
[E] 
The following tolerances shall apply to the following items at the time of project closeout:
{1}
Open cross-road pipes: an invert elevation of plus or minus 0.05 foot.
{2}
Swales within the right-of-way: an invert elevation of plus or minus 0.10 foot.
[F] 
All driveway pipes for unfinished lots shown on the approved detailed grading plan shall be installed prior to the topcoat inspection.
[G] 
For any closed drainage system project closeout inspection, the City Engineer may require the storm drain pipes to be flushed.
[H] 
Pavement cores:
{1}
Curb and gutter: The City Engineer may require pavement cores to be taken at the base course with a minimum of one core per road and/or one core per 500 linear feet.
{2}
Open drainage: The City Engineer may require pavement cores to be taken at the base course and/or wearing course with a minimum of one core per road and/or one core per 500 linear feet.
{3}
Should the cores show the road section to be less than what is required, a geotechnical engineer, registered in the State of Delaware, shall determine if the structural numbers are sufficient or additional pavement is necessary.
{4}
The City Engineer may require sidewalk cores to be taken at one core per 500 linear feet.
[i] 
In the case where the certificate of occupancy percentage does not reach 40% within two years from conditional acceptance by the City, the pavement topcoat must be installed within four years from the conditional acceptance date. If the certificate of occupancy percentage becomes greater than 40% within that four-year time frame, the schedule described above shall take affect.
[j] 
The developer shall provide a maintenance bond for the full value of the replacement cost of the surface course of paving and the maintenance bond shall be effective upon final acceptance of the surface course of paving for a period of three years.
(9) 
Culs-de-sac, T-turnarounds, and turning loops:
(a) 
Culs-de-sac are strongly discouraged since they decrease the City's intent for more interconnection with adjacent streets and neighborhoods. A cul-de-sac will not be approved when a through street is practical based on topography, preexisting or future-planned development, or environmental constraints. Culs-de-sac, T-turnarounds and/or turning loops, may be accepted by the City due to the potential from a through street for damage to existing natural, or physical, conditions, or interconnection average daily traffic calculations, as required from the developer, indicate an increase in proposed traffic necessitating the need for technically unachievable traffic calming measures.
(b) 
A cul-de-sac, T-turnaround, or turning loop must be incorporated in the design of all City-approved permanent dead-end streets.
[1] 
The width of paving shall be based upon the type of street to be developed, but the minimum widths of the rights-of-way and paving shall not be less than the following:
Radius
Culs-de-Sac
(radius in feet)
Turning Loops with Center Islands
(radius in feet)
Right-of-way
58
81 (including 8-foot planting areas and 5-foot sidewalks)
Outside edge of pavement*
30
68 (26-foot-wide streets w/curb)
Center island
N/A
42 (1/8-acre of native vegetation or tree-lined common area)
NOTES:
*
Measured to toe of curb.
(c) 
At the discretion of the Planning Commission, the paving width for a cul-de-sac may be a minimum of 24 feet, and the paving width of a turning loop may be a minimum of 20 feet.
(d) 
Where the number of units being served by the dead-end street is 12 or less, a T-shaped background at the end of the street shall be required. Such paved space shall extend the entire width of the street right-of-way and shall be at least 20 feet wide, with the flared portions rounded by at least a curve with a twenty-five-foot radius. Any T-shaped design must receive approval from the State Fire Marshal and City Engineer.
(e) 
Base material for cul-de-sac is to extend a minimum of two feet beyond the edge of paving when an open drainage design (no curbs) is utilized.
(f) 
The maximum length of a permanent dead-end street is 300 feet.
(10) 
Intersections:
(a) 
Right-of-way lines shall intersect at right angles wherever practicable and shall be rounded by a tangential arc having a minimum radius of 10 feet. Intersection angles less than 70° are not permitted.
(b) 
Curblines shall be rounded by a tangential arc having a minimum radius of 25 feet.
(c) 
Intersections with through highways shall be kept to a minimum.
(d) 
Street profiles within 40 feet of the nearest intersection edge of pavement may not exceed 5% to provide for sight distance.
(e) 
The distance required to remove the roadway crown at an intersection is to be established using a maximum relative slope between the profiles of the edge of pavement and center line of one foot in 150 feet. The roadway crown of the major street is to be maintained.
(f) 
Three-way and four-way street intersections shall have stop signs from every intersecting street - all way.
(g) 
Signing and striping shall be in accordance with DelDOT Manual on Uniform Traffic Control Devices (MUTCD).
(11) 
Names:
(a) 
The Planning Commission will review street names and lot numbers, and such names and numbers must be verified with the City of Lewes. Council approval will come by Council acceptance of the Planning Commission recommendation. Street names will be coordinated with Sussex County and the United States Postal Service by the Planning Commission. Duplication of existing street names is prohibited.
(12) 
Public streets. All streets within any subdivision developed pursuant to the provisions of this chapter shall be public streets.
(13) 
Improvements:
(a) 
The developer shall grade and pave streets, accessways and alleys, construct or install curbs, gutters, fire hydrants, water mains, sanitary sewers, storm sewers and related improvements and facilities, sidewalks, crosswalks, and off-street parking paving, as shown on the approved subdivision plan. If the developer does not control all the property between his and existing improved street and utility facilities and presents proof that other owners will not cooperate in the construction of improvements, the matter shall be referred to the Mayor and City Council. If a secondary road or through highway is involved, the matter of additional pavement shall be discussed with the Mayor and City Council to determine what proportion of the cost thereof shall be borne by the developer. When a street is not built to connect with another, a temporary turnaround which meets the requirements of a cul-de-sac, T-turnaround, or turning loop, shall be constructed at the dead end.
(b) 
Utilities:
[1] 
All gas, water, electric and other mains, pipes and conduits, together with all service connections or laterals which shall be constructed to the property lines, shall be laid, where the need therefor can be reasonably determined, before streets, accessways or alleys shown on improved plans are paved. After such streets, accessways or alleys are paved, no openings shall be permitted in such paving for a period of five years, except by special permission of the Mayor and City Council.
(c) 
Sidewalks:
[1] 
Sidewalks shall be provided on both sides of all streets. Sidewalk requirements shall be at the discretion of the Planning Commission. Construction and details of sidewalks are governed by the appropriate sections of the latest edition of the Specifications of the Department of Transportation of the State of Delaware and the Americans with Disabilities Handbook. Developers shall construct sidewalks using either concrete, porous concrete, permeable pavers, brick, or concrete pavers.
(d) 
Monuments:
[1] 
Monuments of stone, concrete, or shielded pin nails installed with epoxy (as approved by the City Engineer) shall be placed by a land surveyor registered with the State of Delaware Board of Professional Land Surveyors at such corners, angle points, points of curve, and intermediate points as may be necessary to define and locate the right-of-way. The design and location of such monuments shall be subject to approval of the City Engineer.
(e) 
Hedges, fences and walls. Hedges shall not be planted, and fences, walls and other obstructions shall not be erected, within the right-of-way line of the street.
C. 
Guidelines:
(1) 
Consideration shall be given to the use of sustainable construction materials and installation methods. Materials shall be reviewed and approved by the City of Lewes.
(2) 
It is encouraged that shorter street lengths with numerous three-way "T-intersections" be designed into the subdivision or land development project to discourage through-traffic and excessive speeds.
(3) 
Consideration shall be given to naming streets after natural features in the immediate area or local, historic family names.
(4) 
Include context sensitive improvements as recommended in DelDOT's Complete Streets in Delaware: A Guide for Local Governments to accommodate all forms of transportation (pedestrian, bicycle, vehicles).
(5) 
Consider the need for providing transit services to subdivisions and developments to efficiently move people through the community.
(6) 
Consider accommodations in subdivisions or developments for newer transportation services such as electric charging facilities or pull-over spaces for shared vehicles.
A. 
Intent: Ensure that adequate Lewes Board of Public Works (BPW) water system facilities are provided for the proposed subdivision and land development project per the BPW Standard Specifications and Details (current edition), including necessary protection to the BPW wellhead protection area, as stated in the City of Lewes Comprehensive Plan. Also ensure, via analysis by the BPW water distribution system model, that the proposed water system facilities are adequate to serve the proposed subdivision and nearby BPW water service areas. Additionally, if the subdivision parcel is part of a larger tract of land, the BPW shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development.
B. 
Standards:
(1) 
In addition to BPW review and approval, water system facilities for proposed subdivisions must receive approval to construct, and approval to operate, from the State of Delaware Health and Social Services Office of Drinking Water, approval from the State of Delaware Fire Marshal, and all other necessary review agency approvals.
(2) 
No subdivision will be approved unless connection with a BPW water main is assured by a service connection line to each lot.
(3) 
Utility easements shall be provided and shall normally be located adjacent to the front, side, and rear property lines of each individual lot. All front and rear property line easements shall be 10 feet in width, and all side property line easements shall be eight feet in width.
(4) 
Consideration shall be given for providing future water service to any or all potential lots created by a possible subdivision in any pre-existing approved subdivision before any entire street rehabilitation occurs. Additionally, consideration shall be given for providing future connection to the subdivision's water distribution system from either existing or future users of the BPW water system.
(5) 
The installation of water mains shall be governed by the following regulations and per the BPW Standard Specifications and Details (current edition):
(a) 
All water mains and all service connections and mains, pipes and conduits and the like shall be installed before paving of the road except with the express permission of the City and BPW.
(b) 
For a period of five years after acceptance of streets by the City, no utility mains and/or service connections shall be installed in any paved streets except with the express permission of the City.
(c) 
Construction and details of utilities are governed by appropriate sections of this Chapter and the BPW Standard Specifications and Details (current edition).
(d) 
Plans:
[1] 
The developer shall prepare detailed plans for the water system in strict accordance with provisions of this chapter and in accordance with the BPW Standard Specifications and Details (current edition). The water system improvement construction plan must be approved by the BPW Engineer before any work shall be started.
(e) 
Installation procedure - the developer has the choice of two methods of constructing the water system:
[1] 
The developer performs work under contract or by his own work crew. This work must be reviewed and approved by the BPW Engineer in advance of installation, designed and installed per the BPW Standard Specifications and Details (current edition), and installed under BPW supervision.
[2] 
The developer can request the BPW to construct lines:
[a] 
The BPW puts work out on contract, and the developer will pay for installation costs plus engineering services and administrative fees.
[b] 
The work is performed by BPW crews on a force-account basis. The developer will pay for costs of materials, labor and engineering services, and administrative fees.
(f) 
All water mains, service connections, valves and boxes, hydrants, meters, backflow prevention devices, corporation stops, curb stop shut-off valves and boxes, fire service curb stop shut-off valves and boxes, and other water system appurtenances, shall be installed and inspected according to the BPW Standard Specifications and Details (current edition). Water mains must be pressure tested according to BPW regulations before any lateral connections can be made. Meter box, curb stop shut-off valve box, and tops shall be placed above final grade with identification markers by the developer, with the homebuilder/homeowner required to bring the box(es) elevations to final grade subject to inspection by the City Building Department at the time of procuring the certificate of occupancy.
(g) 
Location:
[1] 
The location of water mains, valves, service connections, fire hydrants, blow-offs, meters, backflow prevention devices, and appurtenances shall be approved by the BPW. Water mains and water main valves shall be located within the paved surface of proposed streets. All water mains shall be looped if required by the BPW Engineer. All looped lines are totally at the expense of the developer.
(h) 
Size:
[1] 
Water mains. The required size of the water main will vary with the character and size of the development. The minimum diameter for a water main is eight inches. If any of the water mains in any subdivision become a portion of the primary distribution system, the BPW may specify that a larger main be installed than is required for the subdivision alone. In such case, the additional expense incurred by increasing the size of the main will be assumed by the BPW.
[2] 
Service connections. The minimum diameter of service connections is one inch. All connections shall have a curb stop shut-off valve for domestic and fire services located where approved by the BPW. The diameter of service connections to apartment, commercial or industrial buildings shall be designated by or approved by the BPW. Each individual dwelling unit, except for apartment houses and multiple dwellings, shall have the individual service connection installed to the house.
[3] 
Casing pipe. The required size of water main casing pipes must be equal or better than to the BPW Standard Specifications and Details (current edition) for water construction work.
[4] 
Minimum depth. The minimum depth of water main and water laterals shall be three feet six inches to the top of pipe.
[5] 
Horizontal separation. Water mains shall be installed at least 10 feet horizontally from any existing or proposed sewer, and/or storm drain, mains. The distance shall be measured outside edge to outside edge. Horizontal distances from other utilities shall be as required by the BPW Engineer.
[6] 
Vertical separation. Water crossing sewer mains shall be installed to provide a minimum vertical distance of 18 inches between the outside of the water main and outside of the sewer. The crossing shall be installed such that the sewer pipe joints will be equidistant from the water main pipe joints.
[7] 
When it is impossible to obtain proper horizontal and vertical separation as required above, concrete encasement shall be required to be installed a minimum of five feet each side of the crossing point on the lowest utility.
(i) 
Valves:
[1] 
Sectionalizing valves shall be installed at all water main branch connections and at points designated by the BPW to sectionalize long continuous runs. At a minimum, valves shall be located at no more than 500-foot intervals in commercial and industrial zoned areas of the City, and 800-foot intervals in other zoning districts. Valves shall be placed on the pipe extending from water mains to all fire hydrants - in front of the hydrant.
(j) 
Fire hydrants:
[1] 
Fire hydrants shall be installed at points designated by the BPW. The maximum spacing of fire hydrants shall be such that no portion of any lot is more than 500 feet from a hydrant. The BPW may designate additional hydrants be installed if a need for additional protection is apparent. The minimum pipe size from the water main to hydrant shall be six inches.
(k) 
Water meters:
[1] 
Each dwelling unit in a multiple-family dwelling shall have its own water meter. The cost of all meters (required for domestic use and irrigation use) shall be borne by the dwelling owner or developer. All meter installations shall be approved by the BPW or his designated representative. The costs of any inspection shall be borne by the developer. Each dwelling unit in a multiple-family, as well as a single-family, dwelling shall have its own water meter.
[2] 
Water meter installations for commercial, industrial, and institutional buildings shall be approved by the BPW. The cost of all meters shall be borne by the building owner or developer. The cost of any inspection shall be borne by the building owner or developer.
(l) 
Irrigation:
[1] 
Irrigation systems shall include backflow prevention as described in the BPW Standard Specifications and Details (current edition).
(m) 
Fire protection:
[1] 
To the extent available, the BPW shall provide the developer with existing water distribution system flows and pressures for use in designing the fire protection system.
[2] 
In addition to BPW review and approval, water system facilities for proposed subdivisions must receive all necessary site plan approvals, and a fire protection plan approval for each residence, from the City of Lewes Building Department and/or State of Delaware Office of the State Fire Marshal.
[3] 
Connections and valves:
[a] 
There shall be a single fire service to each residence (single-family home, townhouse, duplex unit, etc.). Fire service pipe size shall be determined by the developer's fire suppression engineer dependent upon the fire flow and pressure in the adjacent water distribution system.
[i] 
Connections to apartment complex, commercial, and industrial, facilities shall be reviewed and addressed on a case-by-case basis.
[ii] 
Garages with living spaces above the garage are required to be sprinklered. The entire garage must be sprinklered.
[b] 
Fire service connection points for residential structures shall have its own curb stop shut-off valve, box and lid (painted red and stamped "FIRE"), and shall include backflow prevention be installed per BPW Standard Specifications and details (current edition). Final fire service piping connection, valving, and backflow prevention devices shall be per the BPW Standard Specifications and Details (current edition), and reviewed and approved by the BPW.
[4] 
Backflow prevention devices for fire protection systems can be inside the proposed building requiring that protection per the BPW Standard Specifications and Details (current edition).
(n) 
Materials:
[1] 
All materials used for water mains, service connections, valves, hydrants, meters, backflow prevention devices, fittings, pipe identifications, and all other appurtenances, must be equal to or better than the BPW Standard Specifications and Details (current edition) established by the BPW for waterlines. Copies of these standards and specifications are on file at the BPW office and can be found on the BPW website.
C. 
Guidelines:
(1) 
Consideration shall be given to the use of sustainable construction materials and installation methods. Materials shall be reviewed by the Lewes BPW.
A. 
Intent: Ensure that wastewater systems shall be designated, designed, and constructed as necessary to comply with all requirements of the Lewes Board of Public Works (BPW) Standard Specifications and Details (current edition) and the additional requirements of this Section. Ensure that all lots within a subdivision shall be provided with a connection to the BPW public wastewater system including necessary protection to the BPW wellhead protection area, as stated in the City of Lewes Comprehensive Plan. Also ensure that, via analysis by the BPW sanitary sewer collection system model, where insufficient capacity exists downstream due to the proposed development connection, the replacement and upsizing of the existing collection and/or transmission system is required of the developer. Consideration should be given for providing future sewer service to any or all potential lots created by a possible subdivision in any preexisting approved subdivision before any entire street rehabilitation occurs.
B. 
Standards:
(1) 
In addition to BPW review and approval, sanitary sewer system facilities for proposed subdivisions must receive a wastewater construction permit from the State of Delaware Department of Natural Resources and Environmental Control (DNREC) Surface Water Discharges Section Construction Permits Branch, and all other necessary review agency approvals.
(2) 
No subdivision will be approved unless connection with the BPW public sanitary sewer collection system is assured by a service line to each lot.
(3) 
Utility easements shall be provided and shall normally be located adjacent to the front, side, and rear property lines of each individual lot. All front and rear property line easements shall be 10 feet in width, and all side property line easements shall be eight feet in width.
(4) 
Consideration shall be given for providing future sanitary sewer service to any or all potential lots created by a possible subdivision in any preexisting approved subdivision before any entire street rehabilitation occurs. Additionally, consideration shall be given for providing future connection to the subdivision's sanitary sewer system from either existing or future users of the BPW sanitary sewer system.
(5) 
The installation of sanitary sewer systems shall be governed by the following regulations and BPW Standard Specifications and Details (current edition):
(a) 
The sanitary sewer system shall be designed based on an average daily flow of 250 gallons per day per equivalent dwelling unit (EDU).
(b) 
Peak design flow shall be determined by the BPW Engineer.
(c) 
All sanitary sewer mains, manholes, and all service connections and mains, pipes and conduits and the like shall be installed before paving of the road except with the express permission of the City of Lewes (City) and BPW.
(d) 
For a period of five years after acceptance of streets by the City, no utility mains, laterals, and/or appurtenances, shall be installed in any paved streets except with the express permission of the City.
(e) 
Construction and details of utilities are governed by appropriate sections of this chapter and BPW Standard Specifications and Details (current edition).
(f) 
Plans:
[1] 
The developer shall prepare detailed plans for the sanitary sewer system in strict accordance with the provisions of this chapter and in accordance with the BPW and BPW Standard Specifications and Details (current edition). The improvement construction plan must be approved by the BPW Engineer before any work shall be started.
(g) 
Installation procedure: the developer has the choice of two methods of constructing lines:
[1] 
The developer performs work under contract or by his own work crew. This work must be reviewed and approved by the BPW Engineer in advance of installation, designed and installed per the BPW Standard Specifications and Details (current edition), and installed under BPW supervision.
[2] 
The developer can request the BPW to construct lines:
[a] 
The BPW puts work out on contract, and the developer will pay for installation costs plus engineering services and administrative fees.
[b] 
The work is performed by BPW crews on a force-account basis. The developer will pay for costs of materials, labor and engineering services, and administrative fees.
(h) 
All sewer mains, manholes, flow channels, house service laterals, cleanouts, pump stations (and all pump station appurtenances), and other sanitary sewer system appurtenances, shall be installed and inspected according to BPW Standard Specifications and Details (current edition). Sewer mains must be leak-tested, mirror-tested, and deflection-tested according to BPW regulations before any lateral connections can be made. House service laterals must be leak-tested upon installation. Sewer service cleanout tops shall be placed at above final grades with identification markers by the developer, with the homebuilder/homeowner required to bring the box(es) elevations to final grade subject to inspection by the City Building Department at the time of procuring the certificate of occupancy.
(i) 
Location:
[1] 
The location of sewer mains, manholes, house service laterals, cleanouts, pump stations, and other sanitary sewer system appurtenances, shall be approved by the BPW. Sewer mains and manholes shall be located within the paved surface of proposed streets.
(j) 
Size, alignment, distance, slope, depth, separation:
[1] 
Sewer mains. The required size of sewer mains will vary with the character and size of the development. The minimum diameter for sewer mains is eight inches. Sewer main slopes shall be as required by the BPW Engineer or must be equal to or better than the minimum standards and specifications established by the BPW for sewer construction work. Sewer mains shall be installed with straight alignment between manholes. No sewer main pipe deflection is allowed. If any of the sewer mains in any subdivision become a portion of the primary collection system, the BPW may specify that a larger main and/or greater depth be installed than is required for the particular subdivision. In such case, the additional expense incurred by increasing the size and/or greater depth of the main will be assumed by the BPW.
[2] 
Manholes. Manholes shall be installed at the end of each line, at all changes in grade, size or alignment, at all intersections, and at distances not greater than 400 feet. The minimum diameter of manholes shall be four feet. Flow channels through manholes shall drop a minimum of 0.10 foot from influent pipe to effluent pipe.
[3] 
Casing pipe. The required size of sanitary sewer casing pipes must be equal to, or better than the BPW Standard Specifications and Details (current edition) for sewer construction work.
[4] 
Lateral connection. The minimum diameter of house connections is six inches. The minimum slope of the six-inch house connection shall be 2%. The diameter of lateral connections to apartment, commercial or industrial buildings shall be designated by, or approved by, the BPW. Each individual dwelling unit, except for apartment houses and multiple dwellings, shall have an individual lateral installed to the house. Apartment structures and multiple dwelling laterals shall be reviewed and approved by the BPW.
[5] 
Minimum depth. The minimum depth of sewer main and sewer laterals shall be three feet six inches to the top of pipe.
[6] 
Horizontal separation. Sewers shall be installed at least 10 feet horizontally from any existing or proposed water mains. The distance shall be measured outside edge to outside edge.
[7] 
Vertical separation. Sewer crossing water mains shall be installed to provide a minimum vertical distance of 18 inches between the outside of the water main and outside of the sewer. The crossing shall be installed such that the sewer pipe joints will be equidistant from the water main pipe joints.
[8] 
When it is impossible to obtain proper horizontal and vertical separation as required above, concrete encasement shall be required to be installed a minimum of five feet each side of the crossing point on the lowest utility.
(k) 
Pump stations and force mains.
[1] 
The developer shall meet the standards for pump station and force main as required by the BPW Engineer and BPW Standard Specifications and Details (current edition) including wetwell and pump(s) sizing, depths, force main sizing and location, air release valving, flood freeboard and sea level rise requirements, electrical supply, controls and alarms, valves, ventilation, flow metering, force main connection location, water supply, buoyancy, emergency generation, and communication with the existing BPW control system.
(l) 
The developer shall be responsible for the replacement and upsizing of downstream collection and/or transmission (pump stations/force mains) as necessary due to the proposed development's sanitary sewage flow. Downstream collection and transmission system effects shall be determined via analysis of the BPW sanitary sewer collection system model.
(m) 
Materials. All materials used for sewer mains, manholes, manhole steps, manhole frames and covers and adjustment rings, flow channels, house service laterals, service lateral cleanouts and cleanout frames and covers, pipe identifications, pump stations (and all pump station appurtenances), and all other sanitary sewer system appurtenances, must be equal to or better than the minimum standards and specifications established by the BPW for sewer construction work (current edition). Copies of the specifications are on file at the BPW office and can be found on the BPW website.
C. 
Guidelines:
(1) 
Consideration shall be given to the use of sustainable construction materials and installation methods. Materials shall be reviewed and approved by the Lewes BPW.
Intent: To ensure that all proposed subdivisions and land developments effectively manage runoff to 1) prevent hazards and avoid property damage, 2) provide solutions that can be effectively managed by prospective owners and 3) maintain or enhance natural resource areas. Designs should minimize runoff to help achieve these objectives to the greatest degree possible, as prescribed in § 197-76 Drainage. Systems shall be used, when necessary, that satisfy the requirements outlined in § 197-77 Permanent stormwater management. All land disturbance proposals shall be processed in accordance with the State of Delaware Sediment and Stormwater Regulations (Delaware Regulations, Administrative Code, Title 7, Section 5101) and other related provisions as outlined under the City code that addresses runoff, grading, erosion and sediment control (§ 197-78), flooding (§ 197-73), Water resources protection (§ 197-75) or other related impacts.
A. 
Applicability:
(1) 
Prior to commencing any land disturbing activity, a plan must be submitted and approved in accordance with the State of Delaware Sediment and Stormwater Regulations, where applicable. During all phases of construction, the developer shall maintain all drainage facilities and watercourses within any applicable subdivision or development. After obtaining the necessary inspections and approvals, the developer's maintenance responsibilities shall terminate in accordance with the provisions of the state regulations and transfer in accordance with an approved maintenance plan. Maintenance of completed and approved drainage facilities shall be by a state agency, or, in the case of community stormwater management facilities, the maintenance corporation for that specific subdivision, or, in the case of individual lots, by the lot owner.
B. 
Standards.
(1) 
Grading.
(a) 
A general overall subdivision grading plan approval is required before a subdivision or land development plan is recommended for recordation. The lines and grades plan must conform with the latest version of the final plan. Grading plans must demonstrate compliance with relevant standards outlined in § 197-76, Drainage, as well as, grading standards for buildings, roads, driveways or other improvements described in this section or other City Code provisions. In addition, grading plans shall describe how the proposed actions will comply with City regulations on erosion and sediment control as defined in § 197-78.
(b) 
Before granting a certificate of occupancy, the developer shall submit, for review and approval by the City Engineer, an individual lot grading plan and lot grading certificate as defined in § 170-6.
(c) 
The City shall inspect final grading around a building for conformance to requirements of this chapter. Changes to grading, or to a building on a lot where a lines and grades plan has been approved, must be submitted for review, and be approved by the City Engineer before issuance of a certificate of occupancy.
(d) 
The amount of cutting and/or filling required on site shall be minimized to the maximum practical extent by:
[1] 
Honoring natural drainage divides;
[2] 
Placing streets and roads as close to existing grade as possible; and
[3] 
Performing land grading in a way that minimizes adverse impact to existing vegetation.
(e) 
For the protection of areas designated on the record land development or subdivision plan to remain undisturbed, a minimum ten-foot-wide buffer must be provided between any grading, sediment control practice, and/or building and the area(s) designated to remain undisturbed.
(f) 
Improvements to streams and watercourses shall be designed and constructed to preserve and enhance the natural environment to the maximum extent practical and be reviewed and approved by the appropriate permitting agency. Permits and approvals must be submitted to the City Engineer for dissemination to the City and BPW.
(g) 
Where stockpiling is necessary to complete the earth work for a project that is approved after the effective date of this chapter, all stockpiles shall be located in open space. The required erosion and sediment controls shall be placed around the stockpile immediately. Temporary vegetative stabilization shall be completed within seven days of the formation of the stockpile. For any period of inactivity longer than 30 days, the stockpile shall be stabilized with permanent vegetation and maintained in such a manner so that the stockpile is mowable (maximum slope 3:1). Stockpiles shall be no taller than 20 feet at any point as measured from lowest toe of slope of any pile to the tallest point on the stockpile.
(2) 
Sediment and stormwater management.
(a) 
Sedimentation and erosion control and stormwater plans. Applicants for proposals that require issuance of permits approving sedimentation and erosion control and stormwater plans will be required to apply for and obtain approval in accordance with the State of Delaware Sediment and Stormwater Regulations. Prior to submitting major subdivision or site development plans for preliminary approval, applicants shall participate in a preapplication review with the Sussex Conservation District (SCD) to discuss proposed stormwater management concepts. For plans requiring review by State of Delaware Department of Natural Resources and Environmental Control (DNREC) Sediment and Stormwater Program, applicants should coordinate with appropriate staff. Verification and any feedback from the preapplication meeting will be submitted to the City. Permit approval must be obtained and submitted prior to final subdivision or site plan approval by the City.
(b) 
The following references apply to sediment and stormwater management design, implementation, inspection, and review:
[1] 
DNREC Sediment and Stormwater Regulations, as amended.
[2] 
Delaware Sediment and Erosion Control Handbook for Development.
[3] 
Delaware Stormwater Management Design Manual.
(3) 
Green technology stormwater best management practices (GTBMPs) - Applicants shall utilize the most effective low impact stormwater drainage practices to address stormwater conveyance and stormwater management objectives, with a special emphasis on GTBMPs, where practical. GTBMP (see Figure 170-30) are those practices that incorporate the following:
(a) 
Stormwater runoff management via surface water dispersion, volume reduction and discharge at multiple points to:
[1] 
Maximize infiltration potential. Applicants shall utilize the natural capacity of the soils to capture and infiltrate runoff from impervious surfaces.
[2] 
Maximize filtration potential. Applicants shall utilize the soil profile as well as existing and enhanced vegetation to improve the quality of the stormwater runoff.
[3] 
Maintain non-erosive velocities of stormwater runoff. Applicants shall maintain post-development stormwater flow velocities to an intensity that does not adversely impact natural resources specifically those identified in Article IX of the City Zoning Code and as required by the DNREC Sediment and Stormwater Regulations.
FIGURE 170-30
Green technology stormwater best management practices (GTBMPs)[1]
Type
System Examples
Bioretention
Rain garden, tree box filters, streetscape bioretention, large bioretention, raised planter box
Bioswale or vegetated swale
Bioswale
Infiltration
Infiltration trench or Infiltration basin
Permeable pavement
Permeable concrete pavers, grid pavement systems, pervious concrete, porous asphalt
Impervious removal
Impervious surface removal
Rooftop disconnect
Rainwater harvest or discharge to rain garden or open space area
Green roof
Green roof
Rainwater harvesting
Rain barrel or cisterns
Tree planting or afforestation
Tree planting
Conservation landscaping
Conservation landscaping
Filtration
Surface sand filter, underground sand filter, organic, nonstructural filter, perimeter sand filter
[1]
Information on the design and feasibility of various GTBMP options can be obtained from the Coastal Municipalities Impervious Surface Coverage Report.
(b) 
Utilization of strategies that disconnect long reaches of stormwater flowing over impervious areas, including:
[1] 
Addition of landscaped corridors to receive runoff.
[2] 
Grading longer hydraulic flow paths through pervious conveyance facilities.
(c) 
Implementation of GTBMP at the source of the contributing runoff that mimic or improve the predevelopment hydrologic water balance on the project site.
(d) 
Utilization of other practices or techniques approved by the City, SCD and DNREC - Sediment and Stormwater Program.
(e) 
Actual designs and application of GTBMPs shall be in accordance with Delaware Sediment and Stormwater Regulations and described in the Delaware Post Construction Stormwater BMP Standards and Specifications guide, as amended.
(4) 
Acceptability of proposed techniques. The following criteria must be submitted in order to determine acceptability of the proposed techniques for stormwater quality control:
(a) 
An investigation regarding the feasibility of the preferred practices, as set forth in the Delaware Sediment and Stormwater Regulations and investigation review comments from the SCD or DNREC Sediment and Stormwater Program, prior to considering other alternatives.
(b) 
Submission of ample evidence of the non-feasibility of a preferred practice as a justification for using an alternate practice. The evidence must relate to the following conditions, at a minimum:
[1] 
Soil types and characteristics, seasonally high-water table elevation and anticipated type of pollutant loading.
[2] 
Documentation from the developer and the SCD, or DNREC Sediment and Stormwater Program, of a proposed practice's ability to meet the efficiency standards, as set forth in the Delaware Sediment and Stormwater Regulations.
(c) 
If a conflict arises between this section and a state law, the state law requirement shall prevail if it is more restrictive.
(5) 
Stormwater utility collection systems.
(a) 
No subdivision will be approved until stormwater management system requirements have been determined by the developer and approved by the Board of Public Works. Consideration should be given for providing future stormwater service to any or all potential lots created by a possible subdivision in any preexisting approved subdivision before any entire street rehabilitation occurs. Additionally, consideration shall be given for providing future connection to the subdivision stormwater collection system from either existing, or future, users of the BPW stormwater collection system. No subdivision will be approved unless connection with a public stormwater drain is assured. All stormwater mains, manholes, catch basins, pipes and conduits, and stormwater collection appurtenances, shall be installed before paving of the road except with the express permission of the City. For a period of five years after acceptance of streets by the City, no utility mains, manholes, catch basins, and/or stormwater collection appurtenances, shall be installed in any paved streets. Construction and details of utilities are governed by appropriate sections of this chapter and the BPW Standard Specifications and Details (current edition).
(b) 
The installation of stormwater utility collection facilities shall be governed by the following regulations:
[1] 
Plans. The developer shall prepare detailed plans for the stormwater system in strict accordance with provisions of this chapter and in accordance with BPW Standard Specifications and Details (current edition). The improvement construction plan must be approved by the BPW Engineer before any work shall be started.
[2] 
Installation procedure. The developer has the choice of two methods of constructing lines:
[a] 
The developer performs work under contract or by his own work crew. This work must be reviewed and approved by the BPW Engineer in advance of installation, designed and installed per the BPW Standard Specifications and Details (current edition) and installed under BPW supervision. All lines must be tested according to the Board of Public Works standards.
[b] 
The developer can request the Board of Public Works to construct lines.
[i] 
The Board of Public Works will put work out on contract and the developer will pay for installation costs plus engineering services and administrative fees.
[ii] 
The work is performed by the Board of Public Works' crews on a force-account basis. The developer will pay for cost of materials, labor and engineering services, and administrative fees.
[3] 
Testing.
[a] 
The developer's contractor shall furnish all labor, tools, materials, water, and equipment, including mirrors, flashlights, or other artificial lighting, subject to the approval of the BPW Engineer for testing and/or replacement of pipe, in accordance with these specifications. The developer's contractor shall perform all testing in the presence of the BPW Engineer.
[b] 
Mirror testing: Upon completion of pipe laying and backfilling, a mirror test to check for defects, or leakage, and for horizontal or vertical misalignment shall be conducted. Mirror testing shall consist of reflecting sunlight or artificial light via mirrors through the completed section of pipeline, which, to be accepted, shall be true and straight in horizontal and vertical alignment to allow for the full passage of the reflected light.
[4] 
Location. The location of stormwater collection piping, manholes, catch basins, and appurtenances shall be approved by the Board of Public Works. Stormwater collection piping and manholes shall not be installed longitudinally under sidewalks and/or curbs.
[5] 
Size. Stormwater collection piping in the City right-of-way (ROW) or City/BPW easements shall be reinforced concrete pipe (RCP), Class IV. Other pipe materials outside City ROWs or City/BPW easements shall be reviewed and approved by the BPW Engineer and shall be designated as the operation and maintenance responsibility of the developer, property owners, or property owners association, in the development agreement. All materials used for storm sewer mains and appurtenances must be equal to or better than the minimum standards and specifications established by the Board of Public Works for storm sewer construction work. Also, stormwater collection piping shall have a minimum diameter of 15 inches and a minimum flow velocity of three feet per second based on the Manning Equation. Pipe diameter shall be determined by the volume of runoff produced by the post-development storm having a 4% annual probability of occurrence, or the twenty-five-year, twenty-four-hour rainfall event. If any of the storm sewer drains become a portion of the primary storm sewer system within the City, the BPW may require that a larger main and/or a greater depth be required than is required for the particular subdivision. In such case the additional expense incurred by increasing the size and/or depth of the main will be assumed by the BPW.
[6] 
Casing pipe. The required size of stormwater collection casing pipes must be equal to, or better than the BPW Standard Specifications and Details (current edition) for sewer construction work and approved by the BPW Engineer.
[7] 
Minimum depth. The minimum depth of stormwater piping shall be three feet six inches to the top of pipe.
[8] 
Horizontal separation. Stormwater piping shall be installed at least 10 feet horizontally from any existing or proposed water mains. The distance shall be measured outside edge to outside edge.
[9] 
Vertical separation. Stormwater piping crossing water mains shall be installed to provide a minimum vertical distance of 18 inches between the outside of the water main and outside of the stormwater pipe. The crossing shall be installed such that the stormwater pipe joints will be equidistant from the water main pipe joints.
[10] 
When it is impossible to obtain proper horizontal and vertical separation as required above, concrete encasement shall be required to be installed a minimum of five feet each side of the crossing point on the lowest utility.
[11] 
Changes in direction. Special sections of radii of 10 feet to 15 feet shall be constructed when abrupt changes are made in alignment and shall be approved by the BPW Engineer.
[12] 
Manholes. Manholes shall not be more than 300 feet apart on sizes up to 24 inches and not more than 450 feet apart on greater sizes. The minimum diameter of manholes shall be four feet. When approved by the Board of Public Works, inlets may be substituted for manholes.
[13] 
Stormwater runoff from any lot shall be spread out over yards, and not concentrated, before discharging over a sidewalk or potential sidewalk.
[14] 
In addition to the requirements of this section, the stormwater utility collection system shall be in compliance with the Stormwater Management Manual provided by the Sussex Conservation District. The necessary permit must be obtained from them and acknowledged by the Board of Public Works prior to any clearing, grubbing, etc., of the site.
C. 
Guidelines:
(1) 
Consideration shall be given to the use of sustainable construction materials and installation methods. Materials shall be reviewed and approved by the BPW Engineer and BPW.
A. 
Intent: Ensure that adequate Lewes Board of Public Works (BPW) electrical service is provided for the proposed subdivision and land development project, as stated in the City of Lewes Comprehensive Plan. Also ensure, via analysis by the BPW, that the proposed electrical system facilities are adequate to serve the proposed subdivision and adjacent BPW electric service areas. Additionally, if the subdivision parcel is part of a larger tract of land, the BPW shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development.
B. 
Standards:
(1) 
No subdivision will be approved unless connection with BPW electric service is assured by a service line to each lot.
(2) 
Utility easements shall be provided and shall normally be located adjacent to the front, side, and rear property lines of each individual lot. All front and rear property line easements shall be 10 feet in width, and all side property line easements shall be eight feet in width.
(3) 
Consideration shall be given for providing future electric service to any or all potential lots created by a possible subdivision in any preexisting approved subdivision before any entire street rehabilitation occurs. Additionally, consideration shall be given for providing future connection to the subdivision's electric system from either existing or future users of the BPW electric system.
(4) 
The installation of the electric utility service shall be governed by the following regulations and BPW Standard Specifications and Details (current edition).
(a) 
All electric utility service and all service connections, cables, lines, and conduits and the like shall be installed before paving of roads.
(b) 
For a period of five years after acceptance of streets by the City, no underground cables, lines, or conduits shall be installed in any paved streets except with the express permission of the City.
(5) 
Construction and details of utilities are governed by appropriate sections of this chapter and BPW Standard Specifications and Details (current edition) - copies of these standards and specifications are on file at the BPW office or can be found on the BPW website.
(a) 
Plans:
[1] 
The developer shall prepare detailed plans for the electric utility in strict accordance with the provisions of this chapter and in accordance with the BPW Standard Specifications and Details (current edition). The improvement construction plan must be approved by the BPW and the BPW Engineer before any work shall be started.
(b) 
Installation procedure: the developer has the choice of two methods of constructing the electric system:
[1] 
The developer performs work under contract or by his own work crew. This work must be done under the specifications of the BPW and under BPW supervision.
[2] 
The developer can request the BPW to construct lines:
[a] 
The BPW puts work out on contract, and the developer will pay for installation costs plus engineering services and administrative fees.
[b] 
The work is performed by BPW crews on a force-account basis. The developer will pay for costs of materials, labor and engineering services, and administrative fees.
(c) 
All electric utility service and all service connections, cables, lines, and conduits and appurtenances, shall be installed and inspected according to the BPW Standard Specifications and Details (current edition).
(d) 
Location. The location of electric utility service and all service connections, cables, lines, and conduits and appurtenances, shall be approved by the BPW. All electric service shall be looped if economically feasible in the opinion of the BPW. All looped lines are totally at the expense of the owner or developer. All electric lines shall be located underground.
(e) 
Electric transformers (and any other above-ground electric infrastructure) shall be placed per BPW specifications.
(f) 
Streetlights. Power supply shall comply with the BPW electrical utilities specifications for developers. The cost of installation of streetlights and electric utilities shall be borne entirely by the developer.
C. 
Guidelines:
(1) 
Consideration shall be given to the use of sustainable construction materials and installation methods. Materials shall be reviewed and approved by the Lewes BPW.
A. 
Intent: Consideration should be given for providing other future utilities to any or all potential lots created by a possible subdivision in any preexisting approved subdivision before any entire street rehabilitation occurs. No subdivision will be approved unless connection with existing public utilities is assured. The installation of other future utilities shall be governed by the following regulations:
B. 
Standards:
(1) 
All underground utilities, including but not limited to cable television, telephone, natural gas, and the like, shall be installed before paving of the road except with the express permission of the City. The developer is required to communicate with all other underground utilities as described above and shall notify the City of Lewes and Lewes Board of Public Works if a utility will not be extended into the proposed subdivision.
(2) 
Installation of other utilities shall be scheduled such that installation of water, electric, sewer, and storm drain, utilities is not delayed and/or complicated by the existence of other utility infrastructure at higher underground elevations.
(3) 
For a period of five years after acceptance of streets by the City, no utility mains and laterals shall be installed in any paved streets.
(4) 
Construction and details of utilities are governed by appropriate sections of this chapter.
(5) 
Underground utility locations shall be coordinated with proposed water, sewer, electric and storm drainage infrastructure, and future sidewalk locations, to avoid conflicts.
(6) 
Other emergent utility technologies shall be submitted by the developer for consideration.