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Town of Bridgeville, DE
Sussex County
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Code
New Laws (0) Index
A. 
Requirement.
(1) 
For every development, subdivision, or planned residential community either:
(a) 
Land shall be dedicated for open space, parks, playgrounds, or other recreational purposes in locations designated on the Comprehensive Plan or where such dedications are appropriate; or
(b) 
A cash payment in lieu of land dedication shall be deposited with the Town.
(2) 
The land or fees received in accordance with this article shall be used to provide open space, park, and recreational facilities to serve the subdivision for which the land was dedicated or the fee was collected. The location of the land and the amount of fees shall bear a reasonable relationship to the use of the park or recreation facilities by the future residents of the development.
B. 
Land dedications.
(1) 
Each dedication shall be usable open space that is of suitable size, dimension, topography, and general character. Land is considered usable open space if it meets the following criteria:
(a) 
It is not encumbered with any substantial structure.
(b) 
It is not devoted to use as a roadway, parking area, or sidewalk.
(c) 
It is left in one of the following states at the time of development.
[1] 
If wooded, it is left in its natural, undisturbed state, except for the cutting of trails for walking, jogging, or biking.
[2] 
If not wooded, it is landscaped for ball fields, picnic areas, or similar facilities or is properly vetted and landscaped with the objective of creating a wooded area.
[3] 
It is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation.
[4] 
It is legally and practically accessible to the residents of the development out of which the required open space is taken.
[5] 
No more than 25% of the land lies within a floodplain or floodway.
(2) 
The dedicated area shall be delineated and marked on the subdivision plat "Dedicated for Park and Recreation Purposes."
(3) 
Land dedication shall be determined as follows:
Development Density
(dwelling units per acre)
Lot Size
(square feet)
Percentage of Gross Tract Area to Be Dedicated
1 or more
0.60%
2
1/2 acre to 1 acre (40,000 square feet)
1.20%
3
10,000 to 1/2 acre (20,000 square feet)
1.73%
4
9,000 to 9,999
2.70%
5
8,000 to 8,999
3.01%
6
7,000 to 7,999
3.40%
7
6,000 to 6,999
3.90%
8
5,000 to 5,999
4.58%
9
5,000 to 5,999
4.58%
10 to 19
5.79%
20 to 29
9.30%
30 to 39
12.56%
40 to 49
15.58%
50 to 59
18.40%
60 to 69
21.05%
70 to 79
23.54%
80 to 89
25.85%
90 to 99
28.00%
100 and over
29.07%
C. 
Fee in lieu of land dedication.
(1) 
When land to be dedicated is either insufficient to satisfy the requirements or not suitable for open space, parks, or recreation uses, a cash payment may be made instead of land dedication.
(2) 
Fee in lieu of land dedication shall be calculated as follows:
Formula:
$200 multiplied by the number of times that the total area of the subdivision is divisible by the required minimum lot size of the zoning district in which the tract to be subdivided is located.
Examples:
Five-acre subdivision with minimum lot sizes varying from 10,000 square feet to 2,000 square feet.
Base x [(Acres x Square Feet in Acre)/Minimum Lot Size)] = Fee
Base
Acres
Square Feet in Acre
Minimum Lot Size
Fee
$200
5.0
43,560
10,000
$4,356
$200
5.0
43,560
7,000
$6,223
$200
5.0
43,560
3,500
$12,446
$200
5.0
43,560
3,000
$14,520
$200
5.0
43,560
2,000
$21,780
(3) 
The Town shall use the fee to provide open space, park, or recreation facilities that will be available to and generally benefit the residents of the subdivision or planned residential community for which the fee is collected.
D. 
Other recreation dedications. The provisions of this section are minimum standards. A developer may set aside additional land or provide additional facilities for park or recreational use.
A. 
Generally not dedicated to Town.
(1) 
The recreation facilities and open space to be set aside under this Article shall not be dedicated to the public.
(2) 
They shall remain under the ownership and control of the developer, his/her successor, a homeowners' association, or a similar legal entity.
B. 
Homeowners' associations.
(1) 
Before any lot in a development, subdivision, or planned residential community is sold, provision shall be made for the establishment of a homeowners' association or similar legal entity that:
(a) 
Has clear legal authority to maintain and exercise control over common areas and recreational facilities.
(b) 
Has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common areas and facilities.
(2) 
The subdivider/developer shall submit documents pertaining to the establishment and maintenance of each homeowners' association, or similar legal entity, as part of the development approval process.
C. 
When public dedication is appropriate.
(1) 
The Town may require land dedication for public purposes, including, but not limited to, schools and fire stations.
(2) 
The Town shall use the following criteria to determine when land shall be dedicated for other public uses.
(a) 
Where a need is included in the Comprehensive Plan.
(b) 
Where the Town's adopted capital improvement plan or budget has identified a need.
(c) 
Where the type of development proposed in a subdivision or planned residential development requires such a facility.
(d) 
When land or facility is recommended for public use in the adopted plans or capital improvement programs of the state, county, or federal governments.
A. 
Purposes for screening requirements.
(1) 
Shield neighboring properties from the adverse effects of that development.
(2) 
Protect developments from the negative impacts of adjacent uses, such as streets or railroads.
B. 
Screening requirements.
(1) 
When required.
(a) 
When a lot is occupied by a multifamily development or a manufactured home park.
(b) 
When any nonresidential use abuts a residential district.
(c) 
When an off-street parking area for 10 or more automobiles is located closer than 50 feet to a lot in a residential district or to any lot upon which there is a dwelling as a permitted use under this chapter, and where the parking area is not entirely screened visually from such lot by an intervening building or structure.
(d) 
For any loading area consisting of one or more loading spaces, loading docks or vehicular lanes leading to loading spaces or loading docks.
(2) 
Location: Along the lot border separating it from the residentially zoned or used lot.
(3) 
Screen materials: The screen shall consist of a visual barrier composed of fencing and/or green plants and trees arranged to form both a high and a low level screen.
(a) 
High level: The high level portion of the screen shall consist of either:
[1] 
A six-foot solid wall or fence; or
[2] 
A compact evergreen hedge or foliage, at least four feet high when planted, that achieves the same visual impact as a solid wall or fence.
(b) 
Low level: The low level portion of the screen shall consist of evergreen shrubs planted at an initial height of not less than two feet and spaced at intervals of not more than five feet on center.
(4) 
Width of screen: 15 feet.
C. 
Interior parking area landscaping.
(1) 
Applicability. Interior parking lot landscaping provisions apply to large-scale, nonresidential development in the C-1 (Commercial) Zone.
(2) 
Intent: reduce the visual impact of large, expansive parking areas.
(3) 
Requirements.
(a) 
One landscaped island shall be required once 25 single or 25 double spaces have been exceeded.
(b) 
Collector drives shall be separated from parking drives by landscaped islands. Interior parking lot landscaping shall be in addition to required landscaped buffers.
(c) 
Landscaping materials may consist of either grass, ornamental landscaping, or shade trees and shall be designed and maintained for safe pedestrian access and movement.
A. 
Trees along dedicated streets.
(1) 
Municipal streets. On streets to be maintained by the Town, the developer shall plant or retain sufficient trees along the paved portion of the street.
(a) 
One deciduous tree, whose trunk will be at least 12 inches in diameter when fully mature, shall be placed every 30 feet.
(b) 
The trees to be planted shall be those that can generally be expected to thrive in the area and shall have a root system that will not damage adjacent sidewalks, underground infrastructure, or the streets themselves.
(2) 
Other streets and roadways. Trees shall be planted or retained in accordance with the specifications of the government or entity that will own, or be responsible for, maintaining the street or roadway.
B. 
Protection and retention of large trees.
(1) 
Every development, subdivision, or planned residential development shall retain all existing trees more than 18 inches in diameter, unless the retention of such trees would unreasonably burden the development.
(2) 
No excavation or subsurface disturbance may be undertaken within the drip line of any tree more than 18 inches in diameter, and no impervious surface may be located within 12.5 feet, measured from the center of the trunk, of any tree more than 18 inches in diameter, unless compliance with this subsection would unreasonably burden the development. A "drip line" is 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.