The applicant shall be required to provide and
install certain minimum improvements in the subdivision as a condition
for approval of the record plat by the Commission. All such required
improvements shall be constructed in accordance with the minimum requirements
of these regulations and the construction standards and specifications
adopted by the appropriate County or state agency or such other governmental
agency or private utility as may have jurisdiction over a particular
improvement. Nothing contained herein, however, shall be construed
as prohibiting the applicant from installing improvements meeting
higher standards than the minimum requirements. Unless otherwise specified,
the following requirements shall apply to both minor and major subdivisions.
The minimum requirements for the installation
of improvements in subdivisions shall be as follows:
A. Streets.
(1) All new streets dedicated for public access shall
be constructed in accordance with the construction standards adopted
by the State Department of Transportation (DelDOT) for subdivision
streets. Existing private roads and streets which are intended to
be public streets and which do not meet State Department of Transportation
specifications shall be brought into conformity.
(2) Roadbed and roadway wearing surface.
(a)
The roadbed and roadway wearing surface shall
be constructed in accordance with applicable state regulations. Curbs
and gutters shall be provided in all subdivisions unless all of the
following are met:
[1]
The average lot size is 1/2 acre or larger;
[2]
The average lot frontage is 100 feet;
[3]
Street grades are less than 6%; and
[4]
Building setbacks are at least 60 feet.
(b)
Subdivisions with water resource conservation
practices including open drainage systems are encouraged and alternatives
to employ such practices shall be demonstrated. Where curbs and gutters
are not required, stabilized shoulders and stabilized drainageways
outside the shoulders shall be provided.
(3) Street name signs of an approved design shall be erected
at each new street or road intersection.
(4) Private streets shall be designed and constructed
in accordance with the following specifications:
(a)
Right-of-way area and subgrade preparation:
[1]
Private road right-of-way areas shall be cleared
of all trees, shrubs, brush, stumps, root masses, other vegetation,
rocks, litter, and other debris or obstructions in accordance with
the provisions of DelDOT Standard Specifications, Section 201 (Clearing
and Grubbing).
[2]
The private road subgrade shall be prepared
in accordance with the provisions in DelDOT Standard Specifications,
Section 202.06.
[3]
The condition of all right-of-way areas and
subgrade preparations shall be inspected and approved for conformity
with these regulations by the Department.
(b)
Base course material shall meet the minimum
requirements of DelDOT Standard Specifications, Section 209 for Type
G Select Borrow material. Base course shall be prepared in accordance
with the provisions of DelDOT Standard Specifications, Section 301
(Select Borrow Base Course).
(c)
Bituminous surface treatment shall be applied
in the following quantities and methods:
[1]
Primary course: Priming asphalt shall be applied
at a rate of 0.5 gallon per square yard and shall be covered by 50
pounds of three-fourths-inch stone or 40 pounds of three-fourths-inch
crushed slag material.
[2]
Secondary course: Sealing asphalt shall be applied
at rate of 0.35 gallon per square yard and shall be covered by 20
pounds of one-half-inch stone or 20 pounds of one-half-inch crushed
slag material.
[3]
Top course: Sealing asphalt shall be applied
at a rate of 0.35 gallon per square yard and shall be covered by 20
pounds of one-half-inch stone or 20 pounds of one-half-inch crushed
slag material.
[4]
Material and construction methods: Materials
and construction methods shall be in compliance with DelDOT Standard
Specifications, Section 404 (Bituminous Surface Treatment).
(d)
As an alternative to bituminous surface treatment
described above, the applicant may choose to construct private streets
using hot-mix, hot-laid bituminous concrete pavement. Materials and
construction methods for hot-mix paving shall be in accordance with
DelDOT Standard Specifications, Section 401 (Hot-Mix, Hot-Laid Bituminous
Concrete Pavement).
(5) Construction plans for any proposed private street
shall be prepared by a professional engineer registered to practice
engineering in the State of Delaware or a State of Delaware registered
professional surveyor for submission to and review by the Kent County
Department of Public Works. Such plans shall be prepared on twenty-four-by-thirty-six-inch
plan sheets at a scale no smaller than one inch equals 50 feet. All
design and plan information shall comply with the provisions of this
chapter for streets to be dedicated as public streets.
(6) The Kent County Department of Public Works shall review
the construction plans for conformity with all applicable provisions
of this chapter. Upon approval of the construction plans by the County,
the preparer shall submit final signed, dated, and sealed construction
plans to the County in a quantity specified by the County. The approved
construction plans shall be adhered to in the construction of the
approved private streets. Any deviation from the approved construction
plans must be approved by the Department of Public Works prior to
implementation or construction.
(7) The Levy Court may establish a separate review fee
for reviewing private street construction plans.
(8) The County shall establish a street construction inspection
schedule and procedure for each subdivision for which private street
construction is proposed. The street construction inspection is intended
for the purpose of inspecting the construction of private streets
for conformity with the approved construction plans and with all applicable
provisions of this chapter. All street construction completion and
performance bonding requirements which govern acceptance of streets
dedicated to public use shall be in full force and effect for private
streets.
B. Surface drainage facilities and erosion and sedimentation
control.
(1) The subdivision shall be provided with such storm
drains, culverts, drainageways, or other works as are necessary to
collect and manage surface and concentrated stormwater originating
on or flowing across the subdivision, in order to prevent inundation
and damage to streets, lots, and buildings.
(2) All surface drainage facilities and erosion and sedimentation
control measures shall be in accordance with the state agency having
jurisdiction.
(3) Lots shall be located and configured to provide positive
drainage and prevent any nuisance flooding that would restrict reasonable
use from occurring anywhere within the lot or on any adjacent lot
or adjoining property.
(4) All drainage and stormwater management facilities
not maintained by DelDOT shall be maintained by an approved homeowners'
association or maintenance organization.
(5) Wherever practicable, and particularly outside of
the designated growth zone, the County encourages the use of vegetated
swales and biofiltration devices as key components of stormwater management
plans.
C. Water supply facilities.
(1) Subdivisions requiring a public water supply under
the rules and regulations of the State Department of Natural Resources
and Environmental Control (DNREC), the Office of the State Fire Marshal,
the Department of Health and Social Services (DHSS), or the County
as enumerated in Table X-1 below shall be provided with a community
water supply and distribution system. The source of supply may be
municipal or private.
(2) The supply, treatment, and distribution system for
the subdivision shall meet the standards of the utility and the applicable
standards of the respective state agencies having jurisdiction.
(3) Individual on-site wells must be permitted and installed
in accordance with DNREC requirements. All public wells located in
a development should be at least 150 feet away from the outside boundary
of the subdivision.
(4) Water supply facilities for both minor and major subdivisions
shall be required according to Table X-1 below.
|
TABLE X-1
|
---|
|
Water Supply Facilities
[Amended 11-28-2006 by Ord. No. 06-49]
|
---|
|
Location of Subdivision
|
1 to 10 lots
|
11 to 50 lots
|
51 or more lots
|
---|
|
Inside of growth zone
|
On-site well until central water is available
|
Central water system with fire protection
|
Central water system with fire protection
|
|
Outside of growth zone
|
On-site wells permitted
|
Central water system with fire protection
|
Central water system with fire protection
|
|
Outside of growth zone and low density
|
On-site wells; 1 DU per 1 acre with a +/- 25%
variation in lot size
|
On-site wells; 1 DU per 2 acres with a +/- 25%
variation in lot size
|
On-site wells; 1 DU per 4 acres with a +/- 25%
variation in lot size
|
|
Notes:
DU = Dwelling Unit
|
D. Sanitary sewerage facilities.
[Amended 7-18-2006 by Ord. No. 06-24; 3-25-2008 by Ord. No. 08-06; 12-15-2009 by Ord. No. 09-34; 10-22-2013 by Ord. No. 13-16]
(1) Subdivisions and land development connected to the County sanitary sewer collection and transmission systems shall be designed and constructed in accordance with the requirements of Kent County Code Chapter
180.
(2) Subdivisions and land development connected to municipal sanitary
sewer collection and transmission systems shall be designed and constructed
in accordance with the requirements of the respective municipality.
(3) Nonresidential development within the Growth Zone shall connect to
the County sanitary sewer system unless connection is deemed infeasible
by the Department of Public Works in the associated technical feasibility
study.
(4) County sanitary sewer collection and transmission systems within
the growth zone shall be dedicated to public use immediately after
receiving final acceptance by the Department of Public Works.
(5) Individual residential on-site sewage disposal systems permitted
as per Table X-2 below must comply with all applicable requirements
of the Kent County Department of Public Works and the Delaware Department
of Natural Resources and Environmental Control.
(6) Individual residential on-site sewage disposal systems sited in a
watershed with an established total maximum daily load (TMDL) shall
be designed and installed in accordance with the nutrient load reductions
prescribed by the TMDL or they shall use the best available technologies
in order to achieve the required nutrient reduction targets set for
the particular watershed.
(7) Subdivisions outside the growth zone utilizing individual on-site
sewage treatment and disposal must submit a system master plan with
individual site evaluations for each lot. Subdivisions which follow
the low-density guidelines under Table X-2 below are exempt from this
requirement. Site evaluations shall be performed by a certified soil
scientist and shall be an addition to the soil feasibility study requirements
of DNREC. Said master plan shall be submitted prior to recordation
and must be recorded in conjunction with the record plan.
(8) Sanitary sewerage facilities for subdivisions shall be required in
accordance with Table X-2 below:
|
Table X-2
|
---|
|
Sanitary Sewer Requirements
|
---|
|
Location of Subdivision or land development
|
1 to 10 lots or DUs
|
11 to 25 lots or DUs
|
26 to 50 lots or DUs
|
51 or more lots or DUs
|
---|
|
Inside of Growth Zone
|
County sewer service, except that lots created through minor
subdivision may utilize individual on-site septic
|
County sewer service
|
County sewer service1
|
County sewer service1
|
|
Outside of Growth Zone
|
Individual on-site septic; 1 DU per 1 acre; minimum lot size
of 1 acre.2, 3
|
Individual on-site septic; 1 DU per 2 acres; minimum lot size
of 2 acres.2, 3
|
Individual on-site septic; 1 DU per 3 acres; minimum lot size
of 3 acres.2, 3
|
Individual on-site septic; 1 DU per 4 acres; minimum lot size
of 4 acres.2, 3
|
|
NOTES:
|
|
1
|
Central sewer service design shall include exterior lots previously
subdivided out of said parcel.
|
|
2
|
Minimum lot size may be reduced to 1/2 acre as part of a cluster
subdivision with the approval of Levy Court.
|
|
3
|
Properties located outside of the Growth Zone but with legal and technical access to County sewer service in the course of a remediation project, as defined by Chapter 180, may utilize County sewer but will remain subject to the stated density provisions. Furthermore, the resulting subdivision or land development shall not yield any more unit count than could have been achieved by using individual on-site septic systems (i.e., if the soil types are such that the use of septic systems constrains dwelling unit yield more than the above density restrictions, the more restrictive unit yield shall apply).
|
|
DU = Dwelling Unit
|
E. Underground utilities.
(1) The Commission may require recordation of easements
for utility purposes.
(2) All electrical, telephone, water, sewer, gas, or other
utilities requiring a centralized facility and providing services
to multiple development parcels either within or outside the subdivision
shall be provided on separate, private parcels owned in fee simple
or by easement by the proprietary utility company and not included
within the open space calculation for that or any community so served.
(3) All utility easements required for the subdivision
shall be shown on the record plan fully dimensioned and identified
as to which utility is served by the easement. All utility companies
shall be contacted by the applicant concerning the need or desire
for said utility and approvals of utility locations provided from
each utility. If a particular service will not be installed at the
time of construction, but is planned for the future, then adequate
easements shall be provided on the record plan with the written approval
of the easement locations from the utility company providing service.
(4) Utility easements in private rights-of-way or in joint-use
recreation areas may be required by the Commission, if the design
considerations of the proposed subdivision warrant such easements.
Necessary franchise and utility construction permits shall be obtained
from the State Department of Transportation for utilities within public
rights-of-way.
(5) Electrical and telephone wires and cables shall be
placed underground in accordance with the rules and specifications
of the Commission.
F. Reference monuments.
(1) Monuments of ferrous metal pipe, 1/2 inch in diameter
and at least 18 inches in length, shall be set in place by the applicant
flush with proposed surface grade at all points on the subdivision
boundary lines and right-of-way lines, and at all corners and tangent
points, excluding natural bodies of water, where there is a change
in direction or curvature.
(2) Monuments shall also be set in place on each corner
of each building lot by the applicant prior to final settlement of
each lot.
(3) A minimum of two corners shall be marked with concrete
monuments as boundary evidence. If existing concrete monuments are
present, and in their correct location as proven by a certified boundary
survey, they will be suitable as evidence required herein.
(4) The applicant shall provide certification to the Department
that all required monuments have been set prior to acceptance of the
streets by DelDOT.
G. Street names.
(1) All new public streets shall be named.
(2) Private streets serving two or more lots must be named.
(3) Private streets serving fewer than two lots may be
named.
(4) Street names shall be selected so as not to duplicate
existing names and shall be approved by the Department.
(5) All new names shall be submitted to the Commission's
staff for approval. The applicant shall be responsible for the placement
of all new street name signs.
(6) Required street signs must be in place prior to issuance
of a certificate of occupancy in any phases where certificates of
occupancy are being requested.
(7) When a subdivision is created containing only one
internal street with no indication of extension of other streets within
or outside of the parcel, the street and subdivision may share the
same name.
H. Streetlights and trash districts.
(1) Streetlights shall be installed in major subdivisions
with 51 or more lots and a density of 2.5 dwelling units per acre.
Streetlight districts shall be created in accordance with the requirements
of the Department of Public Works unless specifically not required
by the Commission. Streetlight districts may also be created in subdivisions
of less than 51 lots in accordance with the requirements of the Department
of Public Works and approval by the Commission.
(2) At a minimum, all major subdivisions shall have lighted
entrances.
(3) Streetlights and other outdoor lighting shall be shielded
or directed downward so that light intensity and glare do not adversely
affect neighboring property owners or passing motorists. Such lighting
shall be considered to adversely affect another person when such lighting
would disturb a person of normal sensibilities.
(4) Trash districts shall be created in major subdivisions
in accordance with the requirements of the Department of Public Works
unless specifically not required by the Commission.
I. Utility infrastructure bulk standards.
[Added 7-18-2006 by Ord. No. 06-24]
(1) Community sanitary sewer treatment and disposal systems must serve all properties of a public utility as defined under Delaware Code Title 26, which received a certificate of public convenience and necessity from the Public Service Commission, located in a community sewer basin as delineated in the Kent County Comprehensive Plan. These systems must be sited on separate tax parcels established for the sole purpose of occupancy by utility structures and disposal systems. Community sanitary sewer treatment and disposal systems shall be considered public utilities and public utility uses requiring conditional use approval in accordance with the provisions of Chapter
205 and Chapter
187 and shall be considered "nonresidential use properties," and as such shall also be subject to the opaque buffer and landscape screening requirements of §
187-79 (Buffers) applicable to nonresidential uses that adjoin residential use properties.
(2) It shall be unlawful for any utility structure or use to emit noise which exceeds the ambient noise level by 5 decibels measured at the property line of any residential dwelling lot. For purposes of this section, "ambient noise level" shall be the all-encompassing background noise associated with a specific location without the contribution of the specific noise emitted from the utility structure or use. Enforcement of this provision shall be in accordance with the provisions of §
161-3 of Kent County Code.
(3) Major residential subdivision and land development
plans that propose the construction of any utility structure or building
shall be accompanied by architectural elevation drawings that depict
the proposed utility structure or building architecture. materials,
dimensions, and proposed exterior colors. Proposed utility structures
and buildings shall reflect an overall scale and exterior material
treatment similar to the dominant residential architectural elements
and themes proposed within the neighborhood. The Regional Planning
Commission shall review the architectural elevation drawings as an
integral part of the preliminary subdivision plan review or site plan
review and determine whether the massing, scale, proportions and exterior
materials are compatible with the proposed residential neighborhood.
(4) The table that follows establishes minimum bulk standards
that shall be adhered to with the placement of certain major utility
and infrastructure components such as community sanitary sewer disposal
system buildings, structures and drain fields, sanitary sewer treatment
plants, pump stations, electric substations, stormwater management
basins, etc., within residential neighborhoods:
|
TABLE X-3. Utility Infrastructure Bulk
Standards
|
---|
|
Utility Structure or Use
|
Setback From Parcel Lines
(feet)
|
Distance from Nearest Residential Dwelling
Setback Line
(feet)
|
Maximum Height Permitted
(feet)
|
---|
|
Aboveground water tanks/towers
|
50
|
100
|
180
|
|
Ground-mounted water tanks
|
Distance equal to tank/tower height
|
100
|
35
|
|
Community sanitary sewer treatment buildings
|
100
|
200
|
35
|
|
Community sanitary sewer drain fields - subsurface
|
50
|
100
|
N/A
|
|
Community sanitary sewer drain fields - drip
irrigation
|
50
|
100
|
N/A
|
|
Community sanitary sewer well injection
|
25
|
50
|
N/A
|
|
Community spray irrigation disposal fields*
|
100
|
200
|
N/A
|
|
Sanitary sewer pump stations
|
30
|
50
|
20
|
|
County/municipal sanitary sewer treatment plant
facility
|
100
|
500
|
35
|
|
Electrical distribution substations
|
50
|
200
|
50
|
|
Liquid propane and/or natural gas substation
|
100
|
200
|
20
|
|
Stormwater management ponds/basins
|
30
|
100
|
N/A
|
|
Notes: * - Spray irrigation systems meeting advanced treatment requirements of DNREC shall be governed by provisions of § 187-53D(8) above.
|
Plans, profiles, and specifications for the
required improvements shall be prepared by the applicant and submitted
for approval by the appropriate public authorities prior to construction.
The plans and profiles submitted shall include, but not be limited
to the following:
A. Typical cross sections of proposed streets.
B. Plans and profiles of proposed sanitary sewers and
storm drains, with proposed grades and pipe sizes indicated.
C. Plans of proposed site grading, including cross sections
of any proposed berms.
D. Plans and profiles of the proposed water distribution
system, showing pipe sizes and the locations of all valves and fire
hydrants. Information regarding the typical installation depth of
the water main and the atypical water main depth at all utility crossings
shall be provided on the plans.
[Amended 9-29-2020 by Ord. No. 20-7]
A surety bond or letter of credit shall be filed for, or deposited
in escrow with, the County in a sum sufficient to insure completion
of any required improvements, including, but not limited to, private
streets, sewer infrastructure, stormwater infrastructure, recreation
improvements, and buffer or landscape plantings or any additional
requirements imposed by the Levy Court. A surety bond or letter of
credit is not required for construction of streets dedicated to public
use. Said bonds shall be filed with the Department prior to the issuance
of certificates of occupancy. Upon completion of each improvement,
the applicant shall furnish the appropriate official and/or agency
with as-built drawings.