B.
Authorization:
(1)
The Town Commissioners may establish an RPC District
permitting the development of land in accordance with the standards
and procedures set forth in this article.
(2)
Approval of an RPC District constitutes a commitment
by the applicant to develop the subject property in accordance with
the arrangement of land uses and density ranges authorized in the
RPC approval process.
Where a "(D)" appears to the right of a use, a definition for that use can be found in Article II.
A.
Permitted uses.
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Circus, carnival grounds, amusement parks, midways
for any period not to exceed three days upon written application,
nonprofit.
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Dwelling, single-family (D), including modular.
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Government facilities and services, municipal
(D).
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Park, playground, recreation area, or recreational
building, noncommercial (open to the public free of charge).
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Public safety facilities (D), including ambulance,
fire, homeland security, police, and rescue.
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Public utility service lines (D).
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Bakery, provided that goods produced on the
premises are also sold on the premises.
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Bank.
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Convenience store (D).
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Custom shop for making articles or products
sold at retail on premises, such as custom clothing, art, needlework,
and hand weaving.
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Dry cleaner, laundry, provided that no flammable
agents are used.
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Dwelling, two-family (D).
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Dwelling, garden apartment (D).
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Dwelling, multifamily (D).
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Dwelling, townhouse (D).
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Government facilities and services, nonmunicipal
(D).
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Hotel or motel.
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Manufactured home sales agency.
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Office (D).
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Outdoor place of amusement, recreation, assembly.
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Professional services, such as accounting, architecture,
dental, engineering, insurance, land planning, law, medical, and real
estate.
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Repair shop for household and personal goods,
such as watches, jewelry, musical instruments, electronic products,
and household appliances.
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Restaurants (D), including take-out and fast-food
restaurants.
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Retail sales establishments (D).
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Shopping center (D).
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Supermarket (D).
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Theater, except open-air.
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B.
Permitted as conditional uses. See § 234-24.
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Art galleries.
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Bed-and-breakfast (D).
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Circus, carnival grounds, amusement parks, midways
for any period not to exceed three days.
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Clubs and other fraternal and social organizations
(D).
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Community center (D).
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Construction trailer for period not to exceed
one year.
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Dwelling, manufactured home (D).
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Educational institution (D), private and public
including charter (D).
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Exposition centers or fairgrounds, temporary.
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Libraries.
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Museums.
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Places of amusement, recreation, assembly, other
than a theater, when conducted completely within a building.
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Places of worship (D).
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Public utility service facilities (D).
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Recreation facilities, private or commercial
(D).
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Sports arenas and stadiums, commercial athletic
fields and parks.
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Swimming and tennis clubs.
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Theater, open-air (drive-in).
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A.
Tract area calculations and standards.
(1)
Calculation: total tract area minus area of dedicated
streets and alleys.
B.
Residential development area.
(1)
The area of the Residential Planned Community on which
residential development shall be permitted shall be determined by
subtracting from the total tract area of the residential planned community
the area set aside for churches, schools, and state wetlands as defined
by regulations and maps promulgated by the Delaware Department of
Natural Resources and Environmental Control pursuant to Title 7, Chapter
66, of the Delaware Code as existing on the date of the adoption of
this chapter.
(2)
Density.
(a)
Minimum: 4.0 dwellings units per acre.
(b)
The Planning and Zoning Commission shall determine
the maximum number of permitted dwellings as part of its review and
approval of an application for an RPC District. The Town Commissioners
may increase the overall residential density of a RPC as long as such
an increase is consistent with the Comprehensive Plan.
(3)
Lot area: 5,000 square feet.
(4)
Lot width: 50 feet.
C.
Commercial development area.
(1)
Calculation. The area devoted to commercial uses in
an RPC shall be the lesser of either:
(2)
Exclusion. The maximum area for commercial uses excludes
areas devoted to recreational uses available to residents of the RPC
Zone and/or the public, such as fitness centers, golf courses, swimming
pools, tennis courts.
D.
Recreation and open space.
(1)
Required. Each RPC development plan shall include
recreational uses and open spaces that are appropriate to and proportional
to the size of the planned community.
(2)
(3)
Open space standards.
(a)
Minimum Area: 1/3 of the area of the residential planned community on which residential development shall be permitted as described in Subsection B(1) of this section.
(b)
Permitted activities: passive recreational uses,
including, but not limited to, bicycle trails, walking trails, parks,
or gardens.
(4)
Landscaping plan. For any area which shall be subject to a phasing
plan to permit deferred construction of the improvement required herein,
a landscape and maintenance plan shall be submitted for approval with
each development plan. Landscape plantings may consist of grass, ornamental
landscaping, or shade trees indigenous to local areas. The landscaping
plan may also include berms and agricultural uses. Landscaping plans
shall be subject to all other requirements of this chapter.
[Added 5-13-2013 by Ord. No. 13-5]
E.
Other development standards. The provisions of the
following articles apply to RPC developments.
F.
Notwithstanding other subsections in § 234-37, the Commissioners of the Town of Bridgeville may adjust property development standards applicable to residential planned communities for phased development, as a part of RPC final development plan approval(s) for such phase(s).
[Added 10-14-2013 by Ord. No. 13-8]
A.
Preapplication conference. A development concept shall
be presented informally to the Town Commissioners. The Town Commissioners
may request representatives from any Town, county, or state agencies
to attend the preapplication conference.
B.
RPC concept plan.
(1)
Definition. An RPC concept plan consists of statements
and drawings that provide general information about a proposed residential
planned community. While the plan need not provide detailed site plans
of buildings, utilities, streets, and parking, it shall clearly depict
an overall land use pattern, general circulation system, and open
space or park system, and the development's major features.
(2)
Required information.
(a)
Petition: written request for the establishment
of an RPC District signed by owners and contract purchasers of the
property for which the RPC District is being sought.
(b)
Narrative:
[2]
Site development information.
[a]
Total acreage.
[b]
Description of proposed land uses,
including residential, commercial, institutional, recreational, open
space, and pedestrian and traffic circulation.
[c]
Approximate number of dwelling
units, densities of residential areas, and anticipated population.
[d]
Acreage allocated to each proposed
use.
[e]
Method of providing sewer service,
water service, and other utility services, including, but not limited
to, telephone, gas, and electric services.
[f]
Method of providing storm drainage.
[g]
Method of and responsibility for
maintenance of open areas, private streets, recreational amenities,
and parking areas.
[h]
School availability.
[i]
Method for evaluating and minimizing
impacts to environmentally sensitive areas, as identified by current
federal, state, and local inventories.
[j]
General description of the architectural
and landscape elements on the perimeter of the planned development.
(c)
Concept plan: a graphical presentation, prepared
at a scale depicting the entire plan concept on a single sheet of
paper that is no smaller than 24 by 36 inches and no larger than 36
by 48 inches.
[1]
Site data.
[a]
Boundary lines and dimensions of
the site.
[b]
General locations and purposes
of existing and proposed easements.
[c]
Major external access points.
[d]
General pattern of pedestrian and
vehicular circulation.
[e]
Proposed land use patterns illustrating
approximate areas and distribution of uses.
[f]
Mapping data including the proposed
name for the development, engineer, planner, surveyor name as applicable,
north arrow, scale, preparation date.
[2]
Environmental Data:
[a]
Topography: Topographic map, if
possible at minimum one-foot contour intervals.
[b]
Floodplain Map: Information, using
the most current source acceptable to the Town Commissioners, indicating
the location and extent of the regulatory floodplain.
[c]
Soils: Information from the most
current U.S. Department of Agriculture indicating location and types
of soils: if such information is not available, soil borings.
[d]
Wetlands: Approximate locations
and extent of existing vegetation and wetlands as identified by current
federal, state, and local inventories.
[3]
Stating: Proposed development phases.
(3)
Town Commissioners' review.
(a)
Intergovernmental coordination.
[1]
Compliance with PLUS. No RPC application, 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 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),
Sussex County departments and agencies (particularly infrastructure
providers), and any other appropriate agency or person.
[3]
Before taking action on an RPC application,
the Town Commissioners shall allow sufficient time for the Office
of State Planning Coordination, departments, and agencies to respond.
(c)
Review and approval.
[1]
The Town Commissioners' decision shall include
findings of fact on which their decision is based. The findings shall
describe how the proposed RPC concept plan meets the goals, objectives,
and standards of the Comprehensive Plan and this chapter.
[3]
Approval by ordinance. The Town Commissioners
shall take action on a petition for an RPC Zone by ordinance. An ordinance
approving a petition shall include provisions approving the application
and amending the Zoning Map to indicate that the RPC District is superimposed
(i.e., overlaid) on the subject property.
[5]
The Town Commissioners may approve an RPC concept
plan with modifications. Such modifications shall be included in the
ordinance approving the plan.
[6]
The applicant is responsible for demonstrating,
to the satisfaction of the Administor, compliance with conditions
as a prerequisite to preliminary development plan approval.
(d)
Designation on Zoning Map. Following the Town
Commissioners' approval of a concept plan for an RPC District, the
Zoning Map shall reflect those properties on which the RPC District
is superimposed with a distinctive symbol.
(e)
Duration; revocation; and extension.
[1]
Duration: three years.
[2]
Revocation.
[a]
The approval of an RPC application
and concept plan shall be revoked if the applicant does not file an
application for an RPC preliminary development plan for at least an
initial phase of the approved plan within three years following approval
of an RPC concept plan.
[b]
If an RPC concept plan approval
is revoked, the land shall revert to the base zoning districts in
effect at the time the RPC application was granted.
C.
RPC preliminary development plan.
(1)
Definition: a detailed map showing the proposed layout
for at least a portion, section, or development stage of an area that:
(2)
Review and approval.
(a)
Each RPC preliminary development plan shall
be reviewed for compliance with this chapter and as to whether it
meets the conditions of concept plan approval.
(b)
An RPC preliminary development plan may be approved
with conditions.
(c)
The applicant is responsible for demonstrating,
to the satisfaction of the Administrator, compliance with conditions.
(3)
Duration; revocation; and extension.
(a)
Duration: one year.
(b)
Revocation.
[1]
The approval of an RPC preliminary plan shall
be revoked if the applicant does not file an application for an RPC
final development plan within one year following approval of an RPC
preliminary plan.
[2]
If an RPC preliminary plan approval is revoked,
the land shall revert to the base zoning districts in effect at the
time the RPC Zoning District was granted.
(c)
Extension.
[1]
The Town Commissioners may authorize one extension
of time to file an RPC final development plan.
[2]
The applicant must demonstrate, to the satisfaction
of the Town Commissioners, that the delays in filing an RPC final
plan were beyond his/her control.
[3]
The extension may not be longer than two years
from the date on which approval of the RPC preliminary plan expired.
D.
RPC final development plan.
(1)
Definition: a detailed map showing the proposed layout
for at least a portion, section, or development stage of an area that
incorporates the conditions on which approval of an RPC preliminary
development plan was based.
(2)
Review and approval.
(a)
Each RPC final development plan shall be reviewed
for compliance with this chapter and whether it meets the conditions
of the RPC preliminary development plan approval.
(b)
An RPC final development plan may be approved
with conditions.
(c)
The applicant is responsible for demonstrating,
to the satisfaction of the Administrator, compliance with conditions
as a prerequisite to obtaining a zoning certificate.
(3)
Duration; revocation; and extension.
(a)
Duration: One year.
(b)
Revocation.
[1]
The approval of an RPC final plan shall be revoked
if the applicant does not file an application for an zoning certificate
within one year following approval of an RPC final plan.
[2]
If an RPC final plan approval is revoked, the
land shall revert to the base zoning districts in effect at the time
the RPC Zoning District was granted.
(c)
Extension.
[1]
The Town Commissioners may authorize one extension
of time to file an RPC final development plan.
[2]
The applicant must demonstrate, to the satisfaction
of the Town Commissioners, that the delays in filing an application
for a zoning certificate were beyond his/her control.
[3]
The extension may not be longer than two years
from the date on which approval of the RPC final plan expired.
E.
Record plat. See § 234-22A(6).
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