A.
Purpose. Ensure that the proposed uses of buildings
and structures comply with the requirements of this chapter.
D.
Temporary occupancy permit.
(1)
Pending completion of a new building, or alterations
to an existing building, the Administrator may issue a temporary occupancy
permit to allow occupancy of a structure during alterations for up
to six months.
(2)
A temporary occupancy permit may include conditions
to safeguard a structure's occupants and the public.
A.
General provisions.
(1)
Definition of a "development plan": A plan for the
development of one or more lots, parcels, tracts, properties on which
is shown the existing and proposed conditions, including, but not
limited to, topography, vegetation, drainage, floodplains, wetlands,
waterways, landscaping and open spaces, walkways, exits and entrances,
circulation, utility services, lot lines, easements, structures and
buildings, signs, lighting, parking, screening, surrounding development,
and any other information that may be reasonably required so that
the Town can make an informed decision.
(2)
Purposes:
(a)
Guide the growth and development of the Town
in accordance with the Comprehensive Plan and this chapter.
(b)
Establish design standards and procedures for
development plan review.
(c)
Encourage an orderly layout of land uses.
(d)
Ensure that existing or planned public facilities
have, or will have; sufficient capacity to service proposed developments.
(e)
Minimize and manage the impact of development
on air, water, and other natural resources.
(f)
Provide for open space especially in new developments.
(3)
When required; exceptions.
[Amended 8-13-2012 by Ord. No. A12-3]
(b)
Exceptions.
[1]
When the proposed development is for a single-family home on a single,
recorded lot where the owner of such a lot does not own, or have control
over, adjoining vacant land.
[2]
When the development plan review is required by §§ 234-32B(2) or 234-33B(2) and the proposed use is in an existing building or structure and requires no alterations, additional parking, or the construction or extension of public utilities or streets.
(4)
Plan submission.
(a)
Plans, drawings, and supporting materials shall
be submitted to the Administrator.
(b)
The Administrator shall determine the number
of copies needed and provide forms to facilitate application processing.
(c)
The Administrator shall refer the plans, drawings,
and supporting materials to the Planning and Zoning Commission in
accordance with the schedule below.
|
Deadlines
|
Sketch Plan
|
Preliminary Development Plan and Minor
Development Plan
|
Final Development Plan
| |
|---|---|---|---|---|
|
Submitting plan to Administrator before next
Planning and Zoning Commission meeting
|
N/A
|
15 days
|
10 days
| |
|
Acting on plan following Planning and Zoning
Commission meeting.
|
N/A
|
60 days
|
45 days
|
(5)
Duration, revocation, and extensions.
[Amended 2-13-2012 by Ord. No. A11-7]
|
Item
|
Sketch Plan
|
Preliminary Development Plan
|
Final Development Plan and Minor Development
Plan
|
Record Plat
| |
|---|---|---|---|---|---|
|
Duration of plan approvals beginning at approval
or recording date
|
N/A
|
2 years
|
1 year
|
5 years
| |
|
Number/duration of extensions permitted, provided
that the applicant can demonstrate that delays were beyond his/her
control
|
N/A
|
1/1 year
|
1/1 year
|
None
|
(6)
Record plats.
(a)
Definition: A map depicting the details of a
subdivision plan that needs to be recorded with the County Recorder
of Deeds.
(b)
Contents: The record plat shall contain the data and information required for a final plat set forth in the Code of Sussex County, Delaware, Chapter 99, Subdivision of Land.
(c)
Responsibility: The applicant is responsible
for submitting a record plat to the County Recorder of Deeds and returning
a reproducible and a paper copy to the Administrator.
(7)
Required information
|
Information Required for Development
Plan Review
|
Sketch Plan
|
Preliminary Development Plan
|
Final or Minor Development Plan
|
See Also
|
|---|---|---|---|---|
|
Plat Information
| ||||
|
Name and address of owner and applicant
|
R
|
R
|
R
| |
|
Subdivision name
|
R
|
R
|
R
|
§ 234-56D
|
|
Signature and seal of a registered
Delaware land surveyor or professional engineer
|
R
|
R
| ||
|
Name, signature, license number, seal,
and address of engineer, land surveyor, architect, planner, and/or
landscape architect, as applicable, involved in preparation of plat
|
R
|
R
| ||
|
Title block denoting type of application,
Tax Map sheet, county, municipality, block, lot, and street location
|
R
|
R
| ||
|
A vicinity map at specified scale
showing location of tract with reference to surrounding properties,
streets, municipal boundaries, etc. within 500 feet; date of current
survey
|
R
|
R
| ||
|
Schedule of required and provided
zoning district standards, including lot area, width, depth, yard,
setbacks, building coverage, open space, parking, etc.
|
R
|
R
| ||
|
North arrow and scale
|
R
|
R
|
R
| |
|
Signature blocks for Planning and
Zoning Commission Chairperson and/or pertinent Town official, pertinent
Sussex County officials, Town Engineer
|
R
| |||
|
Certification blocks for surveyor,
engineer, architect including surveyor's or engineer's seal, signature,
and certification statement that the final plat, as shown, is a correct
representation of the survey as made, that all monuments indicated
thereon exist and are correctly shown, and that the plat complies
with all requirements of this chapter and other applicable laws and
regulations
|
R
| |||
|
Locations and descriptions of all
permanent survey monuments
|
R
|
§ 234-56E
| ||
|
Plan sheets no larger than 24 inches
by 36 inches including a 1/2-inch margin outside of border lines or
other size acceptable to Sussex County
| ||||
|
Metes and bounds description showing
dimensions, bearings, curve data, length of tangents, radii, arcs,
chords, and central angles for all center lines and rights-of-way
and center line curves on streets
|
R
| |||
|
Acreage of tract to nearest tenth
of an acre
|
G
|
R
|
R
| |
|
Date of original and all revisions
|
R
|
R
|
R
| |
|
Size and location of existing or proposed
structures with all setbacks dimensioned
|
G
|
R
|
R
| |
|
Proposed lot lines and areas of lots
in square feet
|
R
|
R
|
R
|
§ 234-57
|
|
Locations and dimensions of existing
and proposed streets
|
G
|
R
|
R
| |
|
Copy and/or delineation of existing
deed restrictions or covenants
|
R
|
R
| ||
|
Copies of and a summary of deed restrictions
for the new subdivision, including agreements for the operation and
maintenance by the property owners or agency in the subdivision of
common areas, open space, recreation facilities, surface drainage
facilities, erosion and sedimentation control facilities, water supply
facilities, sanitary sewer facilities, forested buffer strips, or
other improvements deemed necessary by the Planning and Zoning Commission
|
G
|
R
| ||
|
Owners' certification, acknowledging
ownership of the property and agreeing to the subdivision thereof
as shown on the plat and signed by the owner(s)
|
R
| |||
|
Owners' statement dedicating streets
and other public ways for public use
|
R
| |||
|
Existing or proposed easement or land
either reserved for or dedicated to public use or the residents of
the proposed development
|
G
|
R
|
R
| |
|
Development or staging plans
|
G
|
G
|
R
| |
|
List of required regulatory approvals
or permits
|
G
|
R
|
R
| |
|
Variances requested
|
G
|
R
|
R
|
§ 234-23
|
|
Conditional uses required
|
G
|
§ 234-24
| ||
|
Payment of application fees
|
R
|
R
|
|
KEY:
|
|---|
|
Blank = No requirement
|
|
G = General information
|
|
R = Complete data or information required
|
|
Information Required for Development
Plan Review
|
Sketch Plan
|
Preliminary Development Plan
|
Final or Minor Development Plan
|
See Also
|
|---|---|---|---|---|
|
Setting—Environmental
Information
| ||||
|
Property owners and lines of all parcels
within 200 feet identified on most recent Tax Parcel Map
|
G
|
R
|
R
| |
|
Land used primarily for agricultural
purposes, lands in Agricultural Preservation Districts, and lands
whose development rights have been sold to preserve them for farming
(PDRs)
|
G
|
R
|
R
| |
|
Existing streets, watercourses, floodplains,
wetlands or other environmentally sensitive areas on and within 200
feet of site
|
G
|
R
|
R
| |
|
Location of all wetlands and supporting
documentation
|
G
|
G
|
R
| |
|
Location of 100-year floodplain based
on current Flood Insurance Rate Map (FIRM)
|
G
|
R
|
R
| |
|
Water-resource protection areas
|
G
|
R
|
R
| |
|
Existing right-of-way and/or easements
on and within 200 feet of site
|
R
|
R
|
R
| |
|
Topographical features of the site
from the USC&GS Map
|
R
|
R
| ||
|
Existing and proposed contour intervals
based on USC&GS data at 1-foot intervals: contours shall extend
at least 200 feet beyond subject property
|
R
|
R
| ||
|
Boundary limits, nature and extent
of wooded areas, specimen trees, and other significant features
|
G
|
R
|
R
| |
|
Existing drainage system of site and
of any larger tract or basin of which it is a part
|
R
|
R
| ||
|
Drainage Area Map
|
R
|
R
| ||
|
Drainage calculations
|
R
|
R
| ||
|
Improvements and Construction
Information
| ||||
|
Water supply and distribution plan
|
R
|
R
| ||
|
Sewage collection and treatment plan
|
R
|
R
| ||
|
Soil erosion and sediment control
plan
|
G
|
R
| ||
|
Grading plan
|
G
|
R
| ||
|
Permanent stormwater management plan
|
G
| |||
|
Solid waste management plan
| ||||
|
Additional utility infrastructure
plans, including gas, telephone, electric, cable TV
|
G
|
R
|
R
| |
|
Open space and recreation plan
|
G
|
R
|
R
| |
|
Detailed lighting plan
|
G
|
R
|
R
| |
|
Detailed landscape plan
|
G
|
R
|
R
| |
|
Site identification signs, traffic
control signs, and directional signs
|
G
|
R
|
R
| |
|
Sight triangles
|
G
|
R
|
R
| |
|
Vehicular and pedestrian circulation
patterns
|
G
|
R
|
R
| |
|
Parking and loading plan showing spaces,
size, type, aisle width, curb cuts, drives, driveways, and all Ingress
and egress areas and dimensions
|
G
|
R
|
R
| |
|
Spot and finished elevations at all
property corners, corners of all structures or dwellings, existing
or proposed first floor elevations
|
G
|
R
|
R
| |
|
Construction details, such as cross
sections and profiles, as required by applicable laws, regulations,
and policies
|
G
|
R
|
R
| |
|
Proposed street names
|
G
|
R
|
R
| |
|
New blocks lettered consecutively;
lots numbered in consecutive numerical order
|
G
|
R
|
R
| |
|
Preliminary architectural plans and
elevations
|
G
|
R
| ||
|
Other information required by Town
of Bridgeville, Sussex County, or other departments and agencies involved
in plan approval
|
G
|
R
|
R
|
B.
Minor development review process.
(1)
Definition of a "minor development plan": a plan for
the subdivision and/or development of property that:
(a)
Creates fewer than four lots; and
(b)
Does not require the construction and/or extension
of public utilities or streets; and
(c)
Is not subject to review under the preliminary
land use system (PLUS) set forth in Title 29 of the Delaware Code
or the provisions of the current Memorandum of Understanding between
the Town and the Office of State Planning Coordination.
(2)
Review and approval.
(a)
Each minor development plan shall be reviewed
for consistency with the current, certified, Comprehensive Plan and
compliance with this chapter.
(b)
Referrals to other agencies.
[1]
The Planning and Zoning Commission may request
review and comment on a preliminary development plan from the Town
Engineer, pertinent state departments (such as Natural Resources and
Environmental Control, Education, Transportation), State Fire Marshal,
Sussex County departments and agencies (particularly infrastructure
providers), and any other appropriate agency or person.
[2]
The Planning and Zoning Commission shall allow
sufficient time for the departments and agencies to respond before
taking action on a preliminary development plan.
(c)
The Planning and Zoning Commission may approve
a minor development plan with conditions.
(d)
The applicant is responsible for demonstrating,
to the satisfaction of the Administrator, compliance with conditions
as a prerequisite to obtaining a zoning certificate.
 |
C.
Major development review process.
(1)
Definition of a "major development plan:" a plan for
the subdivision and/or development of property that:
(a)
Creates more than five lots; or
(b)
Requires the construction or extension of public
utilities or streets; or
(c)
Is subject to review under the preliminary land
use system (PLUS) set forth in Chapter 29 of the Delaware Code or
the provisions of the current Memorandum of Understanding between
the Town and the Office of State Planning Coordination.
(2)
Sketch plan.
(a)
Definition: an informal drawing of a development
plan of sufficient accuracy to be used for discussion only.
(b)
Prior to submitting a preliminary development
plan, an applicant may submit a concept plan to the Administrator
and/or the Planning and Zoning Commission to be used as the basis
for discussion and to receive direction on preparation of the preliminary
plan, but not for approval or disapproval.
(3)
Preliminary development plan.
(a)
Definition: a detailed map showing the proposed
layout of a subdivision, site, parcel, tract, land, property, or residential
planned community submitted for preliminary approval.
(b)
Planning and Zoning Commission review. The Planning
and Zoning Commission shall review each preliminary development plan
and forward comments and recommendations to the Town Commissioners.
(c)
Intergovernmental coordination.
[1]
Compliance with PLUS. No development plan, subject
to review pursuant to the preliminary land use service (PLUS) authorized
in Title 29, Chapter 92, of the Delaware Code and/or the provisions
of a Memorandum of Understanding between the Town and the Office of
State Planning Coordination, shall receive preliminary approval until
the Office of State Planning Coordination has provided written comments
to the Town.
[2]
Referrals to other agencies. The Town Commissioners
may request review and comment on a preliminary development plan from
the Town Engineer, pertinent state departments (such as the Departments
of Natural Resources and Environmental Control, Education, Transportation),
Sussex County departments and agencies (particularly infrastructure
providers), and any other appropriate agency or person.
(d)
Review and approval.
[1]
Before taking action on a preliminary development
plan, the Town Commissioners shall allow sufficient time for the Planning
and Zoning Commission, the Office of State Planning Coordination,
departments, and agencies to respond.
[2]
The Town Commissioners may approve a preliminary
development plan with conditions.
[3]
The applicant is responsible for demonstrating,
to the satisfaction of the Administrator, compliance with conditions
as a prerequisite to final development plan approval.
(4)
Final development plan.
(a)
Definition: a detailed map showing the layout
of a subdivision, site, parcel, tract, land, property, or residential
planned community submitted for final approval and that incorporates
the conditions on which approval of the preliminary development plan
was based.
(c)
The applicant is responsible for demonstrating,
to the satisfaction of the Administrator, compliance with conditions
as a prerequisite to obtaining a zoning certificate.
 |
A.
Application and review process.
(1)
Application submission.
(a)
Applications for administrative reviews and
variances shall be submitted to the Administrator. The Administrator
shall provide forms to facilitate application processing.
(b)
Applications shall be made in writing and shall
provide the following information:
[1]
Information about the owner and applicant.
[2]
Statement of the type of relief, permission,
or review requested.
[3]
Information about the property for which the
application or review is being made.
[5]
Plans or drawings that support or clarify the
relief or permission requested.
[6]
Other information requested by the Board.
(2)
Burden of proof on applicant. An applicant for an
administrative review or a variance shall have the burden of presenting
the information needed by the Board to make a determination.
(3)
Board of Adjustment hearing.
(a)
Scheduling. The Board of Adjustment shall schedule
a public hearing.
(b)
Public notice.
[1]
Contents. The public notice shall specify the
time, place, and nature of the hearing.
[2]
How given. At least 15 days prior to the public
hearing, the following notices shall be in place.
[a]
Publication. A legal notice shall
be published in a newspaper of general circulation.
[b]
Property posting. For an application
concerning a specific property, a sufficiently large sign shall be
posted on the subject property in a visible location.
[c]
Town Hall. Notice shall be posted
at the Town Hall.
(c)
Public hearing.
(4)
Relationship to development plan review.
(a)
Approval of an application by the Board of Adjustment
does not supersede or obviate the need for complying with any development
plan review standards or requirements.
(b)
The Board of Adjustment may condition approvals
on satisfactory compliance with applicable development review standards
and/or may request that the Planning and Zoning Commission conduct
development plan review in conjunction with its review and recommendation
on an application.
(5)
Duration, revocation, and extension.
(a)
The duration of an approved application is 12
months from its approval date.
(b)
If a landowner, developer, agent, representative,
or designee fails to make substantial progress in developing the land
within 12 months, the application is automatically revoked.
(c)
The Board may grant only one six-month extension
and only if the applicant can demonstrate that delays were beyond
his/her control.
(6)
Reapplications and appeals.
(a)
Limitation on reapplications. The Board shall
not hear or accept an application requesting substantially the same
relief or permission for the same property for a period of 12 months
from that date of a resolution taking action on the application.
(b)
Appeals to Superior Court. Appeals of the Board's
decisions shall be made to the Superior Court as provided in 22 Del
C. §§ 328 through 332.
B.
Administrative review.
(1)
Purpose: provide a mechanism for appeals where an
error is alleged in any interpretation, order, requirement, decision,
or determination made by the Administrator, or designee, in the administration
of this chapter.
(2)
Procedure. In order for the Board to conduct an administrative
review:
(a)
The Administrator shall issue a written interpretation,
requirement, decision, or determination. The Administrator's written
product shall include information about the applicant's/property owner's
situation, request, inquiry, etc., and references to pertinent sections
of this chapter to support the interpretation, requirement, decision,
or determination.
(b)
The Administrator shall make every effort to
present the written product to the applicant, including, but not limited
to, return receipt mailing.
(c)
The applicant shall file a written request for
administrative review within 30 days after receiving written notice
of the Administrator's action.
(3)
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from unless the Administrator
certifies to the Board of Adjustment that a stay would cause imminent
peril to life or property. In such a case, proceedings shall be stayed
only by a restraining order granted by the Board of Adjustment or
a court having jurisdiction.
C.
Variances.
(1)
Definition: relief from the strict application of
the provisions of this chapter when, owing to special conditions or
exceptional situations, a literal interpretation of this chapter will
result in unnecessary hardship or exceptional practical difficulties
to the property owner.
(2)
Required findings. The Board shall determine whether
each variance application meets the following criteria.
(a)
The variance relates to a specific parcel of
land, and the hardship is not shared generally by other properties
in the same zoning district and vicinity.
(b)
The variance can be granted without substantial
detriment to the public good.
(c)
The benefits from granting the variance would
substantially outweigh any detriment.
(d)
The variance would not substantially impair
the intent and purposes of the Comprehensive Plan or this chapter.
(3)
Additional standards.
(a)
Use variances not authorized. These provisions
governing variances shall not be construed to permit the Board, under
the guise of a variance, to authorize a use of land not otherwise
permitted in this chapter.
(b)
Nonconforming situations not grounds for variance.
Nonconforming, lots, structures, uses, or signs shall not be considered
grounds for granting variances.
A.
Definition: uses that are generally desirable for
the general convenience and welfare but, because of their nature,
require additional review to assess their impact on neighboring properties
and the entire Town.
B.
Application and review process.
(1)
Application submission.
(a)
Applications for conditional uses shall be submitted
to the Administrator. The Administrator shall provide forms to facilitate
application processing.
(b)
Applications shall be made in writing and shall
provide the following information:
[1]
Information about the owner and applicant.
[2]
Statement of the type of relief, permission,
or review requested.
[3]
Information about the property for which the
application or review is being made.
[5]
Plans or drawings that support or clarify the
relief or permission requested.
[6]
Other information requested by the Town Commissioners.
(2)
Burden of proof on applicant. An applicant for a conditional
use shall have the burden of presenting the information needed by
the Town Commissioners to make a determination.
(3)
Planning and Zoning Commission Review. The Planning
and Zoning Commission shall review each conditional use application
at a regular or special meeting and forward a recommendation to the
Town Commissioners.
(4)
Town Commissioners' review.
C.
Required findings. The Town Commissioners shall determine
whether each conditional use application:
(1)
Is in harmony with the purposes and intent of the
Comprehensive Plan.
(2)
Will be in harmony with the general character of its
neighborhood considering density, design, bulk, and scale of proposed
new structures.
(3)
Will not be detrimental to the use, peaceful enjoyment,
economic value, or development of surrounding properties.
(4)
Will not cause objectionable noise, vibrations, fumes,
odors, dust, glare, or physical activity.
(5)
Will have no detrimental effect on vehicular or pedestrian
traffic.
(6)
Will not adversely affect the health, safety, security,
or general welfare of residents, visitors, or workers in the area.
(7)
Complies with all other applicable standards, laws,
and regulations in addition to the provisions of this chapter.
D.
Relationship to development plan review.
(1)
Approval of an application by the Town Commissioners
does not supersede or obviate the need for complying with any development
plan review standards or requirements.
(2)
The Town Commissioners may condition approvals on
satisfactory compliance with applicable development review standards
and/or may request that the Planning and Zoning Commission conduct
development plan review in conjunction with its review and recommendation
on an application.
E.
Duration; revocation; extensions; expiration.
(1)
Duration. The duration of an approved conditional
use application is one year following its approval date.
(2)
Revocation. If the applicant, owner, or agent fails
to make substantial progress in development of or construction on
the property within one year of the approval date, the conditional
use approval is automatically revoked.
(3)
Extensions. The Town Commissioners may grant no more
than two, one-year extensions for good cause especially when an applicant
can demonstrate that delays were beyond his/her control.
(4)
Expiration. Conditional use approvals expire when
a use is abandoned.
F.
Additional requirements for certain conditional uses. The following requirements are in addition to the required findings in § 234-24C for the approving of the conditional uses listed below.
(1)
Adult entertainment establishments.
(a)
An adult entertainment establishment, as defined
in Title 24, Chapter 16, of the Delaware Code, shall be permitted
under the following conditions:
[1]
It is not located in the same building as another
adult entertainment establishment.
[2]
It is located at least 1,500 feet from a building
housing another adult entertainment establishment.
[3]
It is located at least 1,000 feet from any residentially
used property unless approved by a majority of the property owners
within the one-thousand-foot radius.
[4]
It is located at least one mile from any church,
school, hospital, or similar institution.
[5]
Meets other applicable requirements set forth
in Title 24, Chapter 16, of the Delaware Code.
(b)
Distances between uses and buildings shall be
measured from property line to property line.
(2)
Cemeteries.
(a)
Minimum area: 10 acres, unless associated with
a church or limited to use by a family.
(b)
Perpetual maintenance. The applicant shall document,
to the satisfaction of the Town Attorney, that arrangements have been
made for the perpetual maintenance of the cemetery.
(c)
Crematorium. A crematorium shall be located
at least 200 feet from all boundaries of the cemetery tract.
(4)
Conversion of single-family dwelling to two-family
or multiple-family dwelling.
(5)
Drive-in theater.
(a)
Direct access from a major highway shall be
avoided, and proper traffic safeguards shall be provided.
(b)
Facilities shall be provided, between the access
street and the ticket gates, to accommodate a queue of automobiles
equal to at least 25% of the theater capacity.
(c)
No structures, other than an enclosure fence,
shall be located within 50 feet of the tract boundary.
(d)
The face of the theater screen (i.e., the side
on which the picture is displayed) shall be located so that it is:
[1]
At least 100 feet from any major highway, arterial
street, or residentially zoned property; and
[2]
Not facing any major highway, arterial street,
or residentially zoned property, unless a natural or artificial barrier
renders the face of the screen invisible from the major highway, arterial
street, or residentially zoned property.
(e)
Sound speakers shall be provided for every vehicle.
(f)
Low-volume speakers may supply sound to refreshment
stands and other service areas.
(g)
Accessory uses and structures shall be incidental
to the theater operation and serve only theater patrons while such
patrons are in the theater enclosure. Such uses include, but are not
limited to, refreshment stands and toilet facilities.
(6)
(9)
Swimming or tennis clubs: private, nonprofit, or commercially
operated.
(a)
Permitted outdoor facilities: limited to games
and outdoor uses, such as swimming pools, shuffleboard, croquet, or
tennis courts.
(b)
Permitted indoor facilities: meeting rooms and
locker rooms.
(d)
Games and pool areas: 25 feet from side and
rear lot lines.
(e)
Pumps and filters: 50 feet from adjoining properties.
[1]
Screening. Screening and fencing shall be provided
to shield adjoining property owners from the headlights of vehicles
parked at the club in addition to required fencing or safety barriers.
Screening and fencing shall be shown in the preliminary development
plan.
[2]
Parking: one space for each 70 square feet of
pool area.
[3]
Lighting: Lighting shall be designed to shield
adjoining properties.
(f)
Food, beverage, and tobacco products shall be
dispensed only from a snack bar or coin-operated machines.
