A. 
Wellhead protection areas. Definition. "Wellhead water resource protection areas" are surface and subsurface areas surrounding public potable water supply wells or well fields where the quantity or quality of groundwater moving toward such wells or well fields may be adversely affected by land use activity. Such activity may result in a reduction of recharge or may lead to introduction of contaminants to groundwater used for public potable water supply ("wellhead").
B. 
Regulations governing development. Areas within 100 feet of the well shall be 100% open space.
(1) 
The natural runoff flowing into wellhead areas shall be allowed and all new stormwater runoff shall be diverted around the wellhead protection areas whenever possible.
(2) 
The stormwater system's discharge to wellhead WRPAs shall be by sheet flow through grassland or discharge from a stormwater management facility having a wetland or aquatic bench. Stormwater runoff from all parking areas shall be directed to a stormwater management facility before it is discharged into a wellhead WRPA.
(3) 
Within the wellhead area, impervious surfaces shall be limited to the buildings and access associated with the well and distribution and treatment facilities and their maintenance.
(4) 
The minimum lot area for a proposed public water supply well and related facility drawing from a confined aquifer shall be one acre and the minimum lot area for a public well drawing from an unconfined aquifer shall be two acres.
(5) 
Underground storage tanks containing petroleum or any hazardous substances listed in 40 CFR 116 in an aggregate quantity equal to or greater than a reportable quantity as defined in 40 CFR 117 shall not be permitted in a designated wellhead area.
(6) 
Hazardous waste storage, treatment and disposal facilities, and sanitary, and industrial facilities as defined in Delaware Regulations Governing Hazardous Waste shall be permitted in wellhead areas.
(7) 
Where possible, groundwater recharge shall be encouraged within the wellhead protection areas by replacing turf grass with low-maintenance, cool- or warm-season grasses, shrubs and/or trees.
C. 
Excellent recharge areas. Definition. A "recharge area" is a water resource protection area designated as having the best potential for groundwater recharge. Recharge areas possess high percentages of sand and gravel that have excellent potential for recharge as determined through a Stack Unit Mapping Analysis performed originally by the Delaware Geological Survey. Recharge areas were delineated using methodology described in the following report: Delaware Geological Survey, Open File Report No. 34, entitled "Methodology for Mapping Ground-Water Recharge Areas in Delaware's Coastal Plain," dated August 1991.
D. 
Regulations governing development. Underground storage tanks containing petroleum products or any hazardous substances listed in 40 CFR 116 in an aggregate equal to or greater than a reportable quantity as defined in 40 CFR 117 may be constructed with double containment in accordance with the Delaware Standards for Underground Storage Tanks.
A. 
Natural drainage system utilized to maximum extent feasible.
(1) 
To the extent practicable, all development shall conform to the natural contours of the land. Natural and preexisting, man-made drainageways shall remain undisturbed.
(2) 
To the extent practicable, lot boundaries shall be made to coincide with the natural and preexisting, man-made drainageways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainageways.
B. 
Proper drainage required.
(1) 
All developments, lots, and properties shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the site.
(2) 
Surface water may not be channeled or directed into a sanitary sewer.
(3) 
Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainageways on surrounding properties or streets.
A. 
Requirement. Developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such development.
(1) 
No development or property may be constructed or maintained in a way that such development or property unreasonably hampers the natural flow of water from higher adjacent properties across the development or property, thereby unreasonably causing substantial damage to the higher adjacent property.
(2) 
No development or property may be constructed or maintained so that surface waters from such development or property are unreasonably collected and channeled onto lower adjacent properties at such locations at such volumes as to cause substantial damage to the lower properties.
(3) 
All stormwater management systems shall be approved by the Sussex Conservation District and constructed in accordance with Delaware state regulations.
B. 
Design and construction.
(1) 
Stormwater drainage systems shall be separate from and independent of sanitary sewage systems.
(2) 
Stormwater drainage systems shall be designed and constructed in accordance with standards and specifications of the Sussex Conservation District.
(3) 
Off-site runoff.
(a) 
Where subdivision and/or development results in increased quantities of stormwater runoff leaving the area to be developed, the subdivider shall demonstrate that off-site drainage improvements are adequate to handle the additional water and that all new or expanded swales, pipes or other off-site improvements are located in dedicated easements which permit efficient access for maintenance purposes.
(b) 
Standards for assessing the adequacy of off-site drainage systems shall be those established by the Sussex Conservation District or by the State Department of Transportation where it has jurisdiction.
A. 
Requirement. Development plans shall include adequate provisions for controlling temporary flooding, soil erosion, and sediment during construction and after construction is completed.
B. 
Design and construction.
(1) 
All development or land disturbing activity is subject to the requirements of the Delaware Erosion and Sediment Control Handbook.
(2) 
Topsoil. No topsoil shall be removed from a site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding and planting.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Council may, through the development review process, require the reasonable provision of screening in order to shield neighboring properties from the adverse effects of a development. Screening may consist of landscaping, berms, fences, or a combination of these elements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Trees along streets.
(1) 
The developer shall plant or retain sufficient trees between the paved portion of the street and the sidewalk.
(a) 
One deciduous tree, whose trunk will be at least 12 inches in diameter when fully mature, shall be placed every 40 feet.
(b) 
The trees to be planted shall be those that can generally be expected to thrive in the area and shall not have a root system that will damage adjacent sidewalks, underground infrastructure or the streets themselves. Street trees shall be selected from the list found in Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
B. 
Protection and retention of large trees.
(1) 
All properties in the municipality shall retain all existing trees 10 inches in diameter or more unless the retention of such trees would, according to the Town Council's determination, unreasonably burden the property owner.
(2) 
No excavation or subsurface disturbance may be undertaken within the drip line of any tree 10 inches in diameter or more, and no impervious surface may be located within 12.5 feet, measured from the center of the trunk, of any tree 18 inches in diameter or more unless compliance with this subsection would, according to the Town Council's determination, unreasonably burden the property owner. For purposes of this subsection, a "drip line" is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
C. 
Tree planting on lots.
(1) 
The developer shall plant at least two trees on each new lot.
(2) 
These trees shall be in place before the time that a certificate of occupancy is issued for the structure on that lot.
A. 
Minimum riparian buffer area requirement.
(1) 
RBAs are to be established and permanently protected within all new development via dedication to the Town, deed restriction or conservation easement.
(2) 
The RBA shall extend a minimum of 50 feet past each top of bank of a lake, river, stream or waterway and/or 50 feet beyond any wetland, whichever is greater. Note that there is also a thirty-foot building setback from any floodplain as required in § 105-12-8 below.
(3) 
The RBA shall contain no lot lines, structures or infrastructure such as stormwater maintenance ponds. However, as appropriate, the riparian buffer may contain walking trails.
(4) 
The riparian buffer, and other associated open space, shall be demarked with permanent markers to ensure against encroachment.
(5) 
The Planning and Zoning Commission is authorized to consider and approve minor adjustments to these minimum standards and dimensions to accommodate for necessary road crossings, topography, existing structures and similar conditions on a parcel. Such adjustments shall not impact more than 10% of the riparian buffer area required under the minimum standards in this chapter.
B. 
Establishment and maintenance.
(1) 
Where native vegetation is not present, the RBA must be reforested with native species according to Table 12-1, RBA Reforestation Requirements Per Acre.
(2) 
No vegetation shall be removed from the RBA, except for removal of invasive and exotic species and hazardous trees.
(3) 
A transition zone, consisting of scrub/shrub vegetation or low-maintenance, warm- or cool-season grass, is encouraged between forested RBA and lot lines.
(4) 
A maintenance plan for the RBA shall be established at the time of subdivision and a responsible party designated to implement the plan.
Table 12-1. RBA Reforestation Requirements Per Acre
No. of Plants
Types of Plants
1
4" caliper canopy
4
3" caliper canopy
10
1-1/2" caliper canopy
6
1-1/2" caliper understory trees
50
6" whip canopy
30
Bare root or 1-gallon pots
Figure 12-1. Diagram, Riparian Buffer Area
A. 
General.
(1) 
It is important to provide opportunities for active recreation in all communities, but particularly in Town where individual units may not have very large yards.
(2) 
Attractive, age-appropriate, active recreation facilities can and do improve the quality of life and property values.
B. 
Active open space requirements. In new residential developments over 10 acres in size in the MR, RPC and NB Zones, active open space shall be provided at a rate of 435 square feet per unit, or one-half acre, whichever is greater.
C. 
Open space standards.
(1) 
In new residential developments in the MR, RPC and NB Zones, active open space shall be designed to be centrally located and accessible to all residents in a community.
(2) 
Active open space may be in the form of one large area or numerous smaller areas interspersed throughout the community.
(3) 
The Planning and Zoning Commission may require improvements (example: playground equipment) in the active open space areas which are appropriate to the intended future residents of the community.
(4) 
Active open space should be integrated with passive open space and natural areas whenever it is practical to do so.
(5) 
Active open space areas shall be connected to residences and to one another by sidewalks, walking trails, and/or any pathway or walkway system designed into the community.
(6) 
Recreational walking trails may count towards to active open space requirement at the discretion of the Planning and Zoning Commission.
D. 
Passive open space requirements.
(1) 
All lands in any new development project in any zone that are constrained by site limitations, environmental features, or buffers as regulated by other parts of this chapter shall be set aside as passive open space. Passive open space areas may either be left in their natural states or enhanced using appropriate and environmentally sustainable planting, reforestation, or stabilization methods.
(2) 
Passive open space shall contain the following lands in new development projects:
(a) 
Riparian buffer areas;
(b) 
Floodplains;
(c) 
Wetlands;
(d) 
Forested areas (outside lot lines);
(e) 
Water resource protection areas.
(3) 
Passive open space may also contain the following:
(a) 
Identified areas of cultural resources;
(b) 
Significant or important viewsheds or aesthetic features.
(4) 
Passive open space shall be permanently protected through deed restrictions or conservation easements.
(5) 
Passive open space shall be demarked with permanent markers to ensure against encroachment.
(6) 
No structures, lot lines, or infrastructure shall be permitted within passive open space, with the exception of walking trails.