This Article establishes the basic performance standards to protect natural resources. Developments are required to conduct a carrying capacity analysis (Article 5) which regulates the maximum intensity based on actual site conditions. The site carrying capacity analysis ensures that public health, safety, general welfare and quality of life is protected and preserved for future generations. This Article establishes the protection standards used in Article 5 and sets additional standards for activities in areas of natural resources or the mitigation of resource areas that are disturbed.

(Ord. No. 97-172, § 3(ch. 13, div. 10.000), 12-31-1997)

A.

The protection of natural resources is achieved in three (3) ways. First, specific open space standards are proposed to protect each natural resource by insuring that some portion of the area remains undisturbed. Secondly, site capacity calculation (Article 5) is provided to regulate development of sites to that which is consistent with the level of protection. Lastly, specific use, protection, and mitigation standards are provided for each resource.

B.

Natural resources are protected by requiring the preservation of a minimum amount of the resource as open space. Such open space shall be part of the open space ratio in residential developments and part of the landscape surface ratio in nonresidential developments. Unless otherwise permitted in this Article or Table 40.10.210, the open space shall remain undisturbed. Resource protection levels are specified in Table 40.10.010 and must be met within any development. The development intensity may be modified by the site capacity calculations in Division 40.05.100. Natural resource definitions are described in Division 40.33.300.

Table 40.10.010
RESOURCE PROTECTION LEVELS

(Ord. No. 97-172, § 3(ch. 13, § 10.110), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.110), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 21-009, § 3, 12-14-2021; Ord. No. 22-101, § 2, 11-29-2022)

The following Sections set forth additional standards that protect natural resources or permit mitigation. For all protected resources, stormwater outfalls shall be permitted, provided that the discharge complies with the standards for adequate conveyance established by Chapter 12 of the New Castle County Code. Green technology stormwater best management practice methods shall be used to convert concentrated flow to uniform, shallow sheet flow, filter sediments, and control erosion.

(Ord. No. 97-172, § 3(ch. 13, div. 10.300), 12-31-1997; Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 18-020, § 7, 7-10-2018)

Note— Former Division 40.10.300.

A.

The one hundred (100) percent protection level for preservation of wetlands established in Table 40.05.420 and Table 40.10.010 may be reduced when a permit from the United States Army Corps of Engineers is issued for filling or disturbance. Wetland mitigation shall be that for which a permit has been issued by the United States Army Corps of Engineers. In addition, any mitigation approved by the United States Army Corps of Engineers is also subject to approval by the Department before any mitigation may occur. Permits from the State may also be required.

B.

Exception. Nonjurisdictional wetlands that are man-made, including but not limited to industrial ponds, sewage lagoons, irrigation ditches, stormwater management basins and other artificial features with a similar ability to evolve into wetlands may be disturbed at the Department's discretion. Except for stormwater management facilities, the Department will require review by RPATAC and mitigation of the site when in the opinion of the Department the disturbance to these areas is more than de minimus.

(Ord. No. 97-172, § 3(ch. 13, § 10.320), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.320), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 02-075, § 1(Exh. A), 10-22-2002; Ord. No. 04-059, § 1(Exh. A), 7-13-2004; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.320.

The water body buffers shall meet the following standards which are intended to preserve and enhance existing vegetation and to revegetate disturbed areas.

(Ord. No. 97-172, § 3(ch. 13, § 10.330), 12-31-1997; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.330.

The riparian buffer shall be mapped to delineate the resource for Table 40.10.010. Existing native vegetation shall be preserved to the maximum extent possible. All RBA areas shall be classified as old field, disturbed land, or meadow, and planted in accordance with this Section where native vegetation is not present. The mapping of RBA's shall be supplied with the exploratory plan and at subsequent plan submissions to meet the standards of this Chapter.

A.

Old fields shall be planted with canopy trees appropriate for the soil conditions in accordance with the plant list in Appendix 3 to this Chapter installed at the rate of four (4) canopy trees having a two (2) inch caliper per one thousand (1,000) square feet of disturbed area.

B.

Meadows shall meet the reforestation standards of Section 40.23.240, except that no shrubs need to be provided.

C.

Disturbed land shall meet the reforestation standards of Section 40.23.240.

D.

All planting shall be done by zone. The zone closest to the stream, Zone 1, shall consist of species native to the riparian zone and selected for their value in stream bank stabilization. A mix of species that provides prolonged stable leaf fall necessary to meet energy and pupation needs of aquatic insects shall be selected. Management shall be limited to stream bank stabilization and removal of invasive vegetation. Logging and other overland equipment shall be prohibited except at permitted stream crossings.

E.

In Zone 2, the species shall be matched to the existing habitat. Recommended plant species are found in Appendix 3 to this Chapter.

F.

Planting plans shall be prepared jointly by a landscape architect in consultation with other professionals having a practical knowledge of riparian ecosystems (including wetlands specialists, wildlife biologists or ecologists from the U.S. Fish and Wildlife Service, DNREC, or the Natural Heritage Program). All planting plans shall include a planting schedule that summarizes the quantity, type, size, and root condition of all plantings. State agencies conducting or supervising wetlands plantings are exempt from submitting plans.

G.

The locations, dimensions, and spacing of enhancement plantings shall be adequate for their proper growth and maintenance, considering the sizes of such plantings at maturity, and their present and future environmental requirements, such as soil, moisture, and sunlight. Site preparation should focus on the removal of exotic species such as honeysuckle and multiflora rose, if present. (See Appendix 3 to this Chapter for list of exotics that should be removed when enhancement activities are undertaken.) Weed control is essential during establishment of the RBA and for the survival and growth of trees and shrubs.

(Ord. No. 97-172, § 3(ch. 13, § 10.331), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.331), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.331.

A.

Non-water-supply water bodies.

1.

No septic systems shall be allowed within an RBA.

2.

All developments shall maximize the drainage amount conducted in natural swales rather than storm sewers. A stormwater system's discharge to streams or watercourses shall be by sheet flow through a grassland or discharged from a stormwater management facility having a wetland or aquatic bench.

3.

Stormwater runoff from all parking areas shall be directed to a stormwater management facility before it is discharged into an RBA.

B.

Public water supply surface storage reservoir.

1.

All developments which drain on the surface or underground to existing public water supply reservoirs shall be limited to ten (10) percent impervious coverage. Public water supply reservoirs (or reservoir watersheds) are depicted on the three (3) map series "Water Resource Protection Areas for the City of Newark, City of Wilmington, New Castle County, Delaware," prepared by the Water Resources Agency for New Castle County that is dated 1993, or as may be amended.

2.

No septic systems shall be allowed within six hundred (600) feet of the water supply surface storage reservoir.

3.

All developments shall maximize the drainage amount conducted in natural swales rather than storm sewers. A stormwater system's discharge to streams or watercourses shall be by sheet flow through a grassland or discharged from a stormwater management facility having a wetland or aquatic bench.

4.

No industrial or commercial parking shall be permitted within three hundred (300) feet of the public water supply surface storage reservoir.

(Ord. No. 97-172, § 3(ch. 13, § 10.332), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.332), 9-22-1998; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.332.

A.

Public purpose. The public purpose of this Section is to protect the public health, safety and welfare. To this end, this Section is intended to protect the environment through the preservation of natural resources and to complement the sections relating to open space. This Section is designed to encourage the sensitive treatment of hillsides and their related soil and vegetation resources in an effort to minimize adverse environmental impacts. The following objectives serve to complement these specific purposes and the overall purposes of this Section, and the objectives shall be to:

1.

Conserve and protect steep slopes from inappropriate development, such as excessive grading, land form alteration and extensive vegetation removal.

2.

Avoid potential hazards to property and the disruption of ecological balance which may be caused by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock and landslide and soil failure.

3.

Encourage the use of steep slopes for open space and other uses which are compatible with the preservation of natural resources and protection of areas of environmental concern.

4.

Avoid public expenses of repair and restoration of damage to downhill sites caused by the improper development of steep slopes.

B.

Standards and criteria. The following practices shall be required when developing in a precautionary steep slope area:

1.

All grading shall be minimized, and no grading shall be undertaken within any area of the steep slope area except where approved.

2.

Disturbance of steep slopes must consider unique characteristics of topographic, soil and vegetation resources and the techniques proposed to mitigate potential adverse environmental impacts.

3.

The effect the development of the steep slope would have on adjacent properties.

4.

The compatibility of the proposed uses with public purposes.

5.

No other alternative location within the subdivision being considered is feasible or practical.

6.

Earth-moving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation or unstable soil conditions.

7.

Mitigation techniques will be utilized, including but not limited to retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs, the use of erosion control fabric and the like.

8.

The proposed buildings or structures shall be of sound engineering design. Footings shall be designed in response to the site's slope, soil and bedrock characteristics.

9.

Disturbance to particularly sensitive features of the site shall be minimized; special emphasis in planning for the site should be given to the protection of:

a.

Soils with seasonal high water table, as listed in appendix I, Table C of Chapter 12 of this Code pertaining to drainage.

b.

Underlying geology which comprises or contributes to a major groundwater resource including the flow of existing springs.

10.

Disturbance shall be minimized where the length of area of steep slope, both on the site and on adjacent lands within two hundred (200) feet of the site, is extensive.

11.

The proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.

12.

Removal of or disturbance to existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, recharge of stormwater and existing drainage patterns.

13.

Road construction shall follow the natural topography, with cuts and grading minimized; the location of any proposed point of access to an activity or use on the lot shall reflect the need to avoid steep slope disturbances.

C.

In a prohibitive steep slope area, roads and driveways shall only be permitted if no viable alternative alignment or location is feasible provided that such roads and driveways are aligned predominately parallel to the contours as demonstrated by an environmental impact assessment report.

D.

Permits shall require all earth work to be conducted so as to be concluded one month prior to the end of the planting seasons (i.e., April 30 ^th and September 30 ^th ). This practice will enable a ground cover to be established after work completion.

E.

A ground cover shall be placed on all exposed surfaces prior to the end of the planting season, or as the work is completed prior to that date. The Department is authorized to permit temporary cover in limited situations where unusual weather or the type of project requires earth work beyond a planting season. Surety may be required for remedial work if temporary cover is to be used.

F.

All slopes exceeding fifteen (15) percent or where water flows can be anticipated shall have a protective cover to hold the seed or plants in place. All protective covers shall be approved by the Department.

G.

All plant materials should be approved by the Department as suitable for the area's soils and exposure, growth, and coverage rate.

(Ord. No. 97-172, § 3(ch. 13, § 10.340), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.340.

Where a forest exists within a project boundary that will be disturbed by development or construction activities, a Forest Habitat Value Assessment as set forth in Appendix 1.3 is required.

The forested areas containing the highest habitat value, as determined by the Forest Habitat Value Assessment, will be given the highest priority for preservation. Forests may be cut or cleared over a greater area than permitted in Table 40.05.420 only if mitigation is provided and the following standards are met:

A.

A Forest Habitat Value Assessment shall be conducted by a qualified professional landscape architect, forester, arborist, botanist, plant or wildlife ecologist, or other licensed or certified professional in the applicable environmental discipline.

B.

Where landscaping can occur, the protection level given forests after mitigation shall not be less than in Table 40.10.135. The acres of mitigation required is expressed as a ratio (acres planted to acres disturbed). In no case shall the increased cutting lead to a revision of the density permitted by the site resource capacity calculation in Division 40.05.400.

C.

An applicant may be permitted to reduce the protection level with mitigation set forth in Table 40.10.135, provided the mitigation ratio is maintained and the area to be reforested is either on the same parcel or on an adjoining parcel. Any reduction of this standard shall require the approval of the Department and County Council.

Table 40.10.135
FOREST MITIGATION PROTECTION AND RATIOS

(Ord. No. 97-172, § 3(ch. 13, § 10.350), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.350), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 21-009, § 3, 12-14-2021; Ord. No. 22-101, § 2, 11-29-2022)

Note— Former Section 40.10.350.

In forests, old fields and meadows where over fifty (50) percent of existing plants are listed as "Plants to Avoid" in Appendix 3 to this Chapter, mitigation shall be required. The developer shall submit a mitigation plan by a qualified forester or landscape architect. At a minimum, the plan shall provide for the following:

A.

Elimination of invasive plant species (see Appendix 3 to this Chapter).

B.

Under planting with native plants in accordance with Section 40.23.240 and the planting rates listed in Table 40.23.240 (see Appendix 3 to this Chapter).

C.

Long-term management program including, initial action, follow-up in first three (3) years, and a long-term maintenance plan. This shall focus on the eradication of invasive plant species that interrupt growth of newly-planted stock and will be required prior to final open space approval.

D.

Planting of an indigenous herbaceous forest or meadow groundcover (see Section 40.23.240 and Appendix 3 to this Chapter).

E.

The plant types (trees, shrubs, etc.) used in mitigation shall be similar to those removed and be of native or indigenous species as approved by the Department (see Appendix 3 to this Chapter).

(Ord. No. 97-172, § 3(ch. 13, § 10.351), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 18-021, § 16, 7-10-2018; Ord. No. 21-009, § 3, 12-14-2021)

Editor's note— Ord. No. 18-021, § 16, adopted July 10, 2018, changed the title of Section 40.10.136 from "Standards for mitigation of forests" to "Standards for mitigation of forests, old fields and meadows." The historical notation has been preserved for reference purposes.

Note— Former Section 40.10.351.

In addition to the open space protection, the drainageway area protected shall be kept open to provide continuous drainage corridors. Positive surface drainage in these areas shall be preserved. The protected area may be regraded and reshaped to provide for stormwater management and drainage. The following standards shall apply:

A.

The drainageways shall be used as a natural positive surface drainage system. Enclosed storm drainage to connect areas of drainageways shall be prohibited, except that culverts shall be installed at all road crossings.

B.

The areas shall be restored to a natural state using seed mixes approved and specified on the Department's lists.

C.

Where the protected area is to be used for a permitted open space use (Table 40.10.210), the use shall not interrupt the positive surface drainage flows.

D.

The following standards shall govern the design of stormwater management or surface drainage systems in drainageways in conjunction with the Delaware Department of Natural Resources and Environmental Control (DNREC):

1.

The drainage shall be designed to slow the time of concentration on the site and retain maximum ground infiltration.

2.

Where flows permit, the channels shall be designed as grassed swales, wetlands, or mesic grasslands encouraging sheet flow, except in forests.

3.

All permanent pool stormwater management ponds shall be designed to have aquatic benches planted with approved plant materials (Section 40.23.280).

(Ord. No. 97-172, § 3(ch. 13, § 10.360), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.360.

Where a development is in a CNA, the developer shall be notified at the preapplication conference. The application for an exploratory plan shall include a report indicating how the plan meets the standards of this Chapter and concerns and comments on the plan from the DNREC. Where the developer can preserve greater areas of open space in the plan without losing density this may be required on the advice of DNREC.

If a variance from applicable resource protection standards is sought within a designated CNA, the applicant will be required to conduct an Environmental Impact Assessment (EIA) as outlined in Section 40.10.701. If the variance is granted, mitigation shall be required at a four to one (4:1) ratio to replace habitat in an area contiguous with the impacted CNA.

(Ord. No. 97-172, § 3(ch. 13, § 10.370), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 22-101, § 2, 11-29-2022)

Note— Former Section 40.10.370.

A.

The natural runoff rate reaching sinkholes shall be reduced or maintained in order to stabilize the feature. All new stormwater runoff shall be diverted around the sinkhole in lined channels or stormwater pipes that eliminate infiltration to the groundwater.

B.

If water is permitted to drain to the sinkhole, all swales shall be protected with triple siltation fence barriers and a vegetated siltation basin to protect the sinkhole from sediments.

C.

No drainage from nonresidential uses shall be permitted to enter the drainage to the sinkhole.

(Ord. No. 97-172, § 3(ch. 13, § 10.382), 12-31-1997; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.375.

A.

Water resource protection areas are the Cockeysville Formation, Cockeysville Formation drainage area, wellheads, and recharge areas. All such areas are as depicted on the three (3) map series "Water Resource Protections Areas for the City of Newark, City of Wilmington, New Castle County, Delaware," prepared by the Water Resources Agency for New Castle County that is dated 2011, or as amended. These areas shall be protected as required by the following Sections to protect the County's water resources from contamination and pollution and to insure adequate water quantity for future needs.

B.

No development shall be permitted to have more than twenty (20) percent impervious surface ratio without an environmental impact assessment report and a recommendation from RPATAC supporting a greater than twenty (20) percent impervious surface ratio. The environmental impact assessment report shall be certified by a State-registered professional geologist or professional engineer with technical expertise in hydrogeology. The impervious surface ratio and open space ratio operate independently and are based on the base site area.

C.

The Department may permit the expansion of existing nonconforming sites within WRPAs, which exceed the twenty (20) percent impervious cover standard, provided the proposed expansion of the site will reduce the existing impervious cover by a minimum of five (5) percent for sites of two (2) acres or less, a minimum of ten (10) percent for sites greater than two (2) acres and less than five (5) acres, and a minimum of twenty (20) percent for sites greater than five (5) acres and larger.

D.

The Department may consider, with the recommendation of RPATAC, the transfer of development rights of a Recharge Area WRPA to another Recharge Area WRPA. A conservation easement shall be established to prohibit the disturbance of the WRPA in perpetuity.

(Ord. No. 97-172, § 3(ch. 13, div. 10.380), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, div. 10.380), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 18-020, § 8, 7-10-2018)

Note— Former Division 40.10.380.

Special on-site investigation as required by Section 40.22.110.

A.

The County shall require a subsurface investigation report on the stability of the rock formation and likely contamination risks.

B.

In addition, surface drainage shall be designed to prevent infiltration that could lead to increased erosion of supporting rock. The County may require lined channels or stormwater pipes that decrease the level of infiltration to the groundwater.

C.

In determining whether development may be permitted beyond the twenty (20) percent impervious surface ratio limitation of this Division, the contribution of like land by the applicant to be preserved in the Cockeysville Formation shall be considered as a factor in the environmental study and report.

(Ord. No. 97-172, § 3(ch. 13, § 10.381), 12-31-1997; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.381.

A.

Wellhead protection areas.

1.

Type A wellhead areas shall be one hundred (100) percent open space within three hundred (300) feet of the wellhead. Within that area, impervious surface shall be limited to building and access associated with the well and distribution and treatment facilities and their maintenance. In the case where the three hundred (300) foot required open space cannot be attained on the same lot as the wellhead, a conservation easement on one or more adjacent lots shall be necessary.

2.

Type B and C wellhead areas shall be limited to twenty (20) percent impervious surface ratio within three hundred (300) feet of the wellhead.

B.

The resource protection area around a public water supply well which draws from a confined aquifer as interpreted by the Delaware Geological Survey (DGS), DNREC, or a State-registered professional geologist with approval by DGS and DNREC shall be one hundred fifty (150) feet. The protection area around a well not interpreted as drawing from a confined aquifer may be reduced below three hundred (300) feet where an environmental impact assessment report is approved demonstrating that a minimum sixty (60) day time of travel from a potential contaminant to the public water supply well is maintained. In no case shall the protection area for unconfined aquifers be less than one hundred fifty (150) feet. The assessment reports shall be based on an on-site hydrogeologic study.

Notwithstanding any other provisions of this Chapter, the minimum lot area required for a public water supply well and related facility drawing from a confined aquifer shall be one acre; and, the minimum lot area required for a public water supply well and related facility drawing from an unconfined aquifer shall be two (2) acres. In the case where the minimum lot area cannot be met, because the public water supply well and related facility is proposed on an existing lot less than the minimum required, and where the total wellhead protection area required is not wholly owned by the public water utility, a conservation easement on one or more adjacent properties shall be necessary to satisfy the appropriate public water supply well minimum wellhead protection areas. The terms of the conservation easement shall prohibit any activity detrimental to the public water supply well. The owner of the public water supply well shall be responsible for monitoring the property pursuant to the terms of the easement.

C.

The natural runoff flowing into wellhead areas shall be allowed and all new stormwater runoff shall be diverted around the wellhead protection areas wherever practical.

D.

Stormwater runoff from developed impervious areas must be managed by a best management practice before discharge into a wellhead WRPA.

E.

The replacement of any existing public water supply well that was not required to meet this wellhead protection requirement at the date of its original installation and that has failed shall be exempt from meeting this wellhead protection requirement.

(Ord. No. 97-172, § 3(ch. 13, § 10.383), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.383), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 18-020, § 9, 7-10-2018)

Note— Former Section 40.10.383.

A.

When impervious cover is proposed by the applicant at a rate greater than twenty (20) percent of the site, the applicant shall be required to demonstrate that the quality of stormwater run-off is equal to or greater than pre-development conditions and the quantity of stormwater run-off is equal to or less than pre-development conditions.

B.

Those areas of open space not currently forested, shall have a minimum of twenty-five (25) percent of their area reforested pursuant to Section 40.10.351. The Department may reduce this requirement where the applicant prepares an Environmental Impact Assessment Report demonstrating to the satisfaction of the Department that reforestation will result in more than a twenty (20) percent loss in groundwater recharge due to the soils and hydrogeologic conditions of the site. The report shall include an annual water budget compiled on a month by month basis comparing existing and post-development mature forest conditions. Applicants shall submit information regarding the types of trees evaluated, soil conditions (including percolation rates), pH types, assumptions regarding rainfall events, and topography. The report shall also include a water quality analysis comparing the water quality benefits of forest cover to the proposed alternative ground cover.

(Ord. No. 97-172, § 3(ch. 13, § 10.384), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.384), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 21-009, § 3, 12-14-2021)

Note— Former Section 40.10.384.

A.

All subdivision and land development plans depicting development or land disturbance submitted for County review shall be evaluated for the existence of water resource protection areas by scaling the distances shown on the water resource protection area map. If existing, the boundaries of the areas shall be delineated on the plan.

B.

When there appears to be a conflict between the mapped boundary and actual site conditions, the applicant may engage the services of professional practitioners set forth in this Section to prepare a report intended to determine more accurately the precise boundary of the water resource protection area, which report shall be submitted to the Department with the detailed findings necessary to indicate the location of the boundary in conformance with the definitions given in Article 33, including:

1.

A detailed topographic layout of the subdivision and/or area to be developed and prepared by a State-registered professional land surveyor or professional engineer;

2.

For floodplain and erosion-prone slopes boundary determinations, a revised surface soils map of the subdivision and/or area prepared by a DNREC-licensed soil scientist including a written report of the on-site field inspection and test boring data;

3.

For reservoir watershed, Cockeysville Formation, wellhead and recharge boundary determinations, a site-specific geological and hydrogeological analysis shall be performed by a State-registered professional geologist or professional engineer with a background in hydrogeology and shall be based upon thorough site investigation, subsurface testing and other testing as may be determined appropriate by the Department; and

4.

Evidence derived from a site-specific investigation which may include aquifer testing, test borings, test pits, observation wells, groundwater elevations and topography surveys as appropriate for the type of water resource protection area to clearly demonstrate that the area in question does not meet the definition of a water resource protection area as defined in this Division.

C.

Reserved.

D.

The Department, with the advice of the Delaware Geological Survey and the Water Resources Agency, may adjust the boundary or area designation based thereon. Such adjustments shall have the effect of exempting the subject parcel from the use regulations of this Chapter and shall have the effect of amending the limits of the water resource protection area. However, when the water resource protection area map is updated or amended, the Department shall review each of the exemptions approved since the last map revision to determine if a district boundary should be amended to reflect the findings of the geologic analysis performed at the time of the exemption.

E.

Notwithstanding any other section of this Chapter, if an owner initiates a precise boundary delineation pursuant to this Section, any and all time review limitations shall be stayed pending the submission of the report contemplated by this Section. Following submission of the report, the Department shall have twenty (20) days to finally approve or disapprove the exploratory sketch plan submission or such further time as deemed necessary by the Department, but not to exceed an additional twenty (20) days.

(Ord. No. 97-172, § 3(ch. 13, § 10.386), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.386), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 14-126, § 4, 1-13-2015)

Note— Former Section 40.10.386.

A.

The following standards and criteria shall be applicable to any limited use, special use or other use requiring an environmental impact assessment report permitted pursuant to this Division:

1.

Stormwater management facilities shall be designed and constructed in accordance with DNREC "Delaware Sediment and Stormwater Regulations," effective November 11, 2014 or as later revised.

2.

With the exception of floodplain and erosion-prone slope water resource protection areas, stormwater management and recharge facilities shall be designed with the goal of maintaining the quantity and quality of groundwater recharge at predevelopment levels.

3.

In order to establish the predevelopment standards required by Subsection A.2, a study shall be prepared under the supervision of a State-registered professional geologist or professional engineer with a background in hydrogeology. The report of the study shall be submitted to the Department, the Delaware Geological Survey and the Water Resources Agency and shall be reviewed in accordance with the procedures set forth in Article 30 for environmental impact reports.

4.

In wellhead water resource protection areas all development shall be maintained at a minimum sixty (60) day horizontal time of travel from any public water supply well as established by the on-site hydrogeologic study required by Subsection A.3 or three hundred (300) feet from the public water supply well, whichever is less.

5.

When facilities are proposed to augment groundwater recharge, to ensure that the quality of groundwater recharge shall be maintained, a groundwater quality monitoring program shall be established as part of the report prepared pursuant to Subsection A.3. The program shall establish the number of wells to be installed, as well as the duration and frequency regarding the monitoring of the wells to be installed. The wells shall be installed and secured in accordance with DNREC "State of Delaware Regulations Governing the Construction of Water Wells." All laboratory test results shall be submitted to the Water Resources Agency to ensure the County that satisfactory water quality is maintained.

6.

Provisions for the maintenance of groundwater recharge facilities and the frequency of groundwater quality testing and monitoring shall be established by a water management agreement between the property owner and the County. The agreement shall not be amended without the approval of the County.

7.

In water resource protection areas, sanitary sewer systems which utilize land application of treated effluent shall be required to use extended aeration and disinfection. Treated wastewater shall not be applied to the ground at a rate that saturates soils. Crops or vegetation to which treated wastewater is applied shall be harvested periodically to prevent a build-up of metals or other constituents in the soil or groundwater.

(Ord. No. 97-172, § 3(ch. 13, § 10.385), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.385), 9-22-1998; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 4, 1-13-2015; Ord. No. 18-020, § 10, 7-10-2018)

Note— Former Section 40.10.385.

Table 40.10.010 provides the protection levels for natural resources measured in the site resource capacity calculation in Division 40.05.400. Section 40.10.210 indicates the uses for which open space may be used. This Article also contains additional performance standards and mitigation requirements.

(Ord. No. 97-172, § 3(ch. 13, div. 10.200), 12-31-1997)

Table 40.10.210 lists uses that may be permitted in open space when required elsewhere in this Chapter. The uses listed are narrower subsets of the use categories listed in Table 40.03.110. In so doing, a closer match of the permitted uses to the resources' tolerance is provided. Any use not listed shall be considered prohibited.

Table 40.10.210
USES IN REQUIRED OPEN SPACE **

(Ord. No. 97-172, § 3(ch. 13, § 10.210), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.210), 9-22-1998; Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 04-058, § 1, 10-5-2004; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Table 40.10.210 permits limited and special uses to occur in open space areas. The uses may present potential threats to the natural resource involved. This Division sets forth the standards required for approval.

(Ord. No. 97-172, § 3(ch. 13, div. 10.400), 12-31-1997; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Division 40.10.400.

All uses indicated as "limited" within natural resource area and/or community area open space shall be permitted pursuant to Department approval. The Department shall consider the appropriateness of the proposed use within the context of the proposed plan, its open space management plan and/or the principles of conservation design.

(Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.405.

All natural resources. Clearing shall be permitted only under the following conditions:

A.

To prepare land for a use permitted by this Chapter; or

B.

As a reforestation measure, or to enhance or improve the quality of existing vegetation or as a means to eliminate dead, diseased, or hazardous tree stands.

Where a clearcutting operation is deemed permissible for one of the reasons stated in this Subsection, it shall be consistent with the terms of a forest management plan approved by the Department, following review and comment by the State Department of Agriculture Division of Forest Services.

(Ord. No. 97-172, § 3(ch. 13, § 10.421), 12-31-1997; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.421.

Floodplains and riparian buffers. Nurseries shall be permitted only for raising wetland species. The area shall be disconnected from adjoining wetland areas. The disturbance level requires the area be diked off from the adjoining wetlands to control the water flow or sediment movement from the nursery to the surrounding wetlands. The following shall be required:

A.

A water control structure shall permit backflow into the nursery area.

B.

Water shall be discharged through a channel, grassed channel, or new wetland.

(Ord. No. 97-172, § 3(ch. 13, § 10.422), 12-31-1997; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.422.

Hunting and fishing shall be permitted pursuant to State regulations.

(Ord. No. 97-172, § 3(ch. 13, § 10.423), 12-31-1997; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.423.

Golf courses shall be permitted on floodplains, wetlands, steep slopes, forested areas, or riparian buffer areas provided that the following standards are met:

A.

Floodplains. Golf courses shall be permitted provided that there is no change in the flood elevation due to the construction. Tees and greens shall be above flood elevation.

B.

Steep slopes. Areas of protected steep slope may be used as part of the golf course provided this does not involve the cutting of forest cover. If natural grass cover is to be disturbed, the earth work should be finished in less than sixty (60) days and a new vegetative cover installed immediately. Erosion control matting shall be used to reduce erosion and prevent the seed from washing out.

C.

Forests. No area of protected forest shall be used for golf courses if the tree cover is to be disturbed.

D.

Riparian buffer areas. Golf courses shall be permitted within a riparian buffer area provided that it meets the requirements of Subsections A, B and C, and provided that the requirements of Subsection C apply to areas planted with new vegetation.

(Ord. No. 97-172, § 3(ch. 13, § 10.424), 12-31-1997; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.424.

Only playing courts shall be permitted in the floodplain; pools shall be prohibited. Swimming in natural or artificial ponds shall be permitted. The playing courts shall be designed and located so as not to trap debris resulting in floodwater backups. No fill shall be permitted.

(Ord. No. 97-172, § 3(ch. 13, § 10.425), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.425), 9-22-1998; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.425.

A.

All resource areas. Protected resources shall not be disturbed with roadways, parking lots or utility lines. The applicant must demonstrate no possible alternative to crossing the resource exits and the route selected must be the least disruptive.

(Ord. No. 97-172, § 3(ch. 13, § 10.427), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 10.426), 9-22-1998; Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 14-126, § 5, 1-13-2015)

Cross reference— Streets and roads, ch. 30; stopping, standing and parking, ch. 34, art. 2; utilities, ch. 38.

Note— Former Section 40.10.427.

Essential access shall be permitted only upon finding (in the Environmental Impact Assessment Report) that the access cannot avoid crossing a protected resource area. If several properties in the area suffer the same problem, then the essential access shall be designed to serve all properties, and access easements shall be provided. The Department shall make every effort to gain the cooperation of all property owners, including financial sharing of costs. If adjoining property owners do not cooperate, the landowner making the improvements may submit a certified billing on the cost of the access. Subsequent essential access requests in the area shall be denied. The landowners shall be required to use the initial access and pay for their share of the documented expenses based on the number of dwellings or lots served. In the review of developments the County shall seek to identify areas of adjoining properties that might qualify and provide stub streets so as to eliminate the need for this type of mitigation.

(Ord. No. 97-172, § 3(ch. 13, § 10.428), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 14-126, § 5, 1-13-2015)

Note— Former Section 40.10.428.

The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of New Castle County. Special flood hazard areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Development that is inadequately elevated, improperly floodproofed, or otherwise unprotected from flood damage also contributes to flood loss.

New Castle County agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on December 3, 1971. Subsequent to that date or the initial effective date of the New Castle County Flood Insurance Rate Map, all development and new construction as defined herein, are to be compliant with New Castle County's floodplain management regulations in effect at the time of construction, and all development, new construction, and substantial improvements subsequent to the effective date of these regulations shall be compliant with these regulations and, as applicable, the flood load and flood-resistant construction provisions of the building code, including specific amendments adopted by the New Castle County.

(Ord. No. 14-126, § 6, 1-13-2015)

A.

This Division shall be known as the "floodplain management regulations."

B.

Applicability. This Division shall apply to all special flood hazard areas within the unincorporated territory of New Castle County as identified in Section 40.10.302 and may apply to incorporated municipalities if by appropriate action of its governing body, any such governing body elects to be included in its application.

C.

Interpretation. In the interpretation and application of these regulations, all provisions shall be:

1.

Considered as minimum requirements.

2.

Liberally construed in favor of the governing body.

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

4.

In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

5.

Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence, where more restrictive.

D.

Warning and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of New Castle County, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

E.

Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

1.

Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

2.

Minimize flooding of water supply and sanitary sewage disposal systems.

3.

Maintain natural drainage.

4.

Reduce financial burdens imposed on the community, its governmental units and its residents, by discouraging unwise design and construction of development in areas subject to flooding.

5.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

6.

Minimize prolonged business interruptions.

7.

Minimize damage to public facilities and other utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges.

8.

Reinforce that those who build in and occupy special flood hazard areas should assume responsibility for their actions.

9.

Minimize the impact of development on adjacent properties within and near flood prone areas.

10.

Provide that the flood storage and conveyance functions of the floodplain are maintained.

11.

Minimize the impact of development on the natural and beneficial functions of the floodplain.

12.

Prevent floodplain uses that are either hazardous or environmentally incompatible.

13.

Meet community participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(Ord. No. 14-126, § 6, 1-13-2015)

For the purposes of this Division, and for the purpose of establishing flood hazard areas in the Building Code Section 1612.3 and the Residential Code Table R301.2(1), the following are adopted by reference as a part of these regulations and serve as the basis for establishing special flood hazard areas:

A.

The FEMA Flood Insurance Study for New Castle County, Delaware and Incorporated Areas dated February 4, 2015 and all subsequent amendments and/or the most recent revision thereof.

B.

The FEMA Flood Insurance Rate Map for New Castle County, Delaware and Incorporated Areas dated February 4, 2015, and all subsequent amendments and/or the most recent revision thereof.

C.

Other hydrologic and hydraulic engineering studies and/or maps prepared pursuant to these regulations or for other purposes, and which establish base flood elevations, delineate one hundred (100) year floodplains, floodways or other areas of special flood hazard.

D.

New Castle County may identify and regulate new local flood hazard or ponding areas. These areas should be delineated and adopted on a "local flood hazard map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

E.

Where field surveyed topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a flood hazard map, the area shall be considered as special flood hazard area.

F.

Maps and studies that establish special flood hazard areas are on file at the New Castle County Land Use Department, New Castle, Delaware 19720.

G.

Nondelineated floodplains. Those areas subject to a one hundred (100) year flood, for which FEMA has not delineated a floodplain, adjacent to a watercourse that is also identified by a blue line on the National Hydrographic Dataset (NHD) utilized by the United States Geological Survey or adjacent to watercourse that is defined as a "stream" in the detailed maps of the New Castle County Soil Survey. These areas shall be identified by the submission of a flood study from the applicant using one of the following methodologies as designated by the Department:

1.

Where the specific one hundred (100) year elevation cannot be determined using the sources established in this Subsection, the applicant for the proposed development shall submit his or her suggested determination of this elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be performed only by a professional engineer with a background in hydraulics and hydrology, who shall certify to the Department that the technical methods used correctly reflect currently accepted technical concepts. The applicant shall submit studies, analyses, computations, etc. in sufficient detail to allow a thorough technical review. The studies shall designate the one hundred (100) year flood elevations established by the County based on existing applicable codes. It is the applicant's responsibility to incorporate or refute the findings of any flood study previously accepted by the County into an updated submission.

2.

U.S. Department of Agriculture, Soil Survey Manual for New Castle County (1970) or as later amended. Soils considered to be evidence of a nondelineated floodplain are those designated as flood hazard soils (including tidal flooding) or high water table soils on table 7 (estimated degree and kinds of limitations for nonfarm uses) therein. This method shall not be used for delineating a manmade floodplain.

3.

All floodplain Surface Water Resource Protection Areas as depicted on the three (3) map series "Water Resource Protection Areas for the City of Newark, City of Wilmington, New Castle County, Delaware", prepared by the Water Resource Agency for New Castle County dated 2011, or as later amended.

4.

Recorded high water marks from past floods based on historical data, including, but not limited to, photographic documentation and water marks on vegetation or structures.

(Ord. No. 14-126, § 6, 1-13-2015)

A.

The Floodplain Administrator, as designated pursuant to Section 40.30.440, is authorized to:

1.

Administer and implement these regulations.

2.

Fulfill the duties and responsibilities set forth in these regulations.

3.

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

4.

Enter into a written agreement or written contract with another jurisdiction or agency, or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

5.

Perform any duty or responsibility identified in Section 40.30.440.B of this Chapter.

(Ord. No. 14-126, § 6, 1-13-2015)

A.

It shall be unlawful for any person or entity to begin construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, including but not limited to: subdivision of land, filling, grading, or other site improvements and utility installations; placement or replacement of a manufactured home; recreational vehicles; installation or replacement of storage tanks; or alteration of any watercourse, until a permit is obtained from the Department of Land Use. These regulations are intended to be administered and enforced in conjunction with the building code. No permit shall be issued until the requirements of these regulations and the flood load and flood-resistant construction provisions of the building code have been met.

B.

Application required. Application for a permit shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual start of construction. An application shall include the contents delineated in Appendix I of this Chapter. For applications for buildings and structures, these required minimum contents of the application are in addition to the requirements of the building code.

C.

Right to submit new technical data. The applicant has the right to seek a Letter of Map Change and to submit new technical data to FEMA regarding base maps, topography, special flood hazard area boundaries, floodway boundaries, and base flood elevations. Such submissions shall be prepared in a format acceptable by FEMA and the Floodplain Administrator shall be notified of such submittal. Submittal requirements and processing fees shall be the responsibility of the applicant.

D.

Requirement to submit new technical data. The Floodplain Administrator shall notify FEMA of physical changes affecting flood hazard areas and flooding conditions by submitting technical or scientific data as soon as practicable, but not later than six (6) months after the date such information becomes available. The Floodplain Administrator has the authority to require applicants to submit technical data to FEMA for letters of map change.

E.

Review. The Floodplain Administrator shall:

1.

Review applications for development in special flood hazard areas to determine the completeness of information submitted. The applicant shall be notified of incompleteness or additional information required to support the application.

2.

Review applications for compliance with these regulations after all permit application information identified and required by this Chapter or the Floodplain Administrator has been received.

3.

Review all permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits, including but not limited to: permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the United States Environmental Protection Agency or DNREC under Section 401 of the Clean Water Act, and any other permit required by the State of Delaware.

4.

Approval criteria. Consider following public, health, safety and welfare criteria when reviewing an application.

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

b.

The danger that materials may be swept onto other lands or downstream to the injury of others or property.

c.

The proposed water supply and sanitation systems and the ability of these systems to avoid causing disease, contamination, and unsanitary conditions.

d.

The expected heights, velocities, duration, and sediment transport of the floodwater expected at the site during the one hundred (100) year storm event to determine whether the proposed activity will aggravate flood damage in the community.

e.

The proposed activity's undue alteration of natural water flows and whether adequate drainage conveyance has been provided to minimize the flood hazard.

f.

Any permitted development is subject to all applicable State and federal rules and regulations.

g.

The susceptibility of the proposed use to flood damage. New structures are located and designed to minimize the potential for flood damage.

h.

The protection of individuals who might choose, despite the flood dangers, to develop or occupy land on the floodplain; or protection of other landowners from damages resulting from the development in a floodplain and the consequent obstruction of the floodwaters; or the protection of the entire community from individual choices of land use which requires subsequent public expenditures for public works and disaster relief; or protection of the quality of surface and subsurface water supplies adjacent to and underlying floodplain areas.

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

j.

The likelihood that the proposed use will result in extraordinary public expense, will create nuisances or will conflict with existing County ordinances or regulations.

F.

Approval or disapproval. The Floodplain Administrator shall approve applications that comply with the applicable requirements of these regulations and satisfy the criteria for approval. The Floodplain Administrator shall disapprove applications for proposed development that do not comply with the applicable provisions of these regulations and shall notify the applicant of such disapproval, in writing, stating the reasons for disapproval.

G.

Expiration of permit. A permit is valid provided the actual start of construction occurs within one hundred eighty (180) days of the date of permit issuance. If the actual start of construction is not within one hundred eighty (180) days of the date of permit issuance, requests for extensions shall be submitted in writing. Upon reviewing the request and the permit for continued compliance with these regulations, the Floodplain Administrator may grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each.

H.

Start of construction. For the purposes of this Division start of construction shall mean the date of issuance of permits for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days after the date of issuance. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings, or construction of columns. Permanent construction does not include land preparation (such as clearing, grading and filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Ord. No. 14-126, § 6, 1-13-2015)

The Floodplain Administrator shall make periodic inspections of development permitted in special flood hazard areas, at appropriate times throughout the period of construction in order to monitor compliance. In addition to the inspections required by the building code, such inspections may include:

A.

Stake-out inspection, to determine location on the site relative to the special flood hazard area and floodway.

B.

Foundation inspection, upon placement of the lowest floor and prior to further vertical construction, to collect information or certification of the elevation of the lowest floor.

C.

Enclosure inspection, including crawlspaces, to determine compliance with applicable provisions.

D.

Utility inspection, upon installation of specified equipment and appliances, to determine appropriate location with respect to the base flood elevation.

E.

Storage of materials.

(Ord. No. 14-126, § 6, 1-13-2015)

The following certifications are required to be submitted by the permittee for development that is permitted in special flood hazard areas prior to the issuance of a certificate of occupancy:

A.

For new or substantially improved residential structures or nonresidential structures that have been elevated, an elevation certificate that shows the ground elevation and finished elevations (identified in Section C of the elevation certificate as "finished construction").

B.

For nonresidential structures that have been dry floodproofed, a Floodproofing Certificate based on "finished construction" (identified in section II of the floodproofing certificate).

C.

For all development activities seeking the right to submit new technical data, a letter of map revision shall be provided.

(Ord. No. 14-126, § 6, 1-13-2015)

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of special flood hazard maps and data:

A.

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used. When a preliminary flood insurance rate map has been provided by FEMA to identify base flood elevations where such elevations were not previously shown, the base flood elevations on the preliminary flood insurance rate map shall be used.

B.

Special flood hazard area delineations, base flood elevations, and floodway boundaries on FEMA maps and in FEMA studies shall take precedence over delineations, base flood elevations, and floodway boundaries by any other source that reflect a reduced special flood hazard area, reduced floodway width and/or lower base flood elevations.

C.

Other sources of data shall be reasonably used, with the approval of the Floodplain Administrator, if they show increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies.

D.

Where field surveyed topography indicates that ground elevations are below the base flood elevation, even in areas not delineated as a special flood hazard on a flood hazard map, the area shall be considered as special flood hazard area.

(Ord. No. 14-126, § 6, 1-13-2015)

The general requirements of this Section apply to all development proposed within special flood hazard areas.

A.

No development or building or structure shall be permitted in special flood hazard areas; however, the Department may approve development, a building or a structure in the special flood hazard areas for approved uses listed in Table 40.10.210 or as approved as a beneficial use pursuant to this Chapter. No development or construction shall start without a floodplain permit.

B.

Brownfields.

1.

All uses and development occurring within a special flood hazard areas in areas determined to be a brownfield are permitted only upon approval of the Department with the consent of County Council by resolution.

2.

All new construction or substantial improvements to nonresidential structures located in a brownfield area shall meet all of the requirements of this Division and the following:

a.

Substantial improvements to structural buildings associated with an existing operational petroleum underground storage tank (UST) or above ground storage tank (AST) facility are permitted, provided the impetus for the owner of said UST or AST facility in upgrading or replacing all or a portion of the UST or AST system is to achieve compliance with the State Regulations Governing Underground Storage Tank Systems and Regulations Governing Aboveground Storage Tanks as established under 7 Del. C., ch. 74 and 74A.

b.

All new construction or substantial improvements to nonresidential structures located in a designated brownfield area must have the lowest floor elevation equal to or above the base flood elevation or must be dry floodproofed to the base flood elevation.

C.

Subdivisions and land development.

1.

No new residential lots shall be created in a special flood hazard area without sufficient buildable area outside of the floodplain.

2.

All subdivision and land development proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.

3.

All subdivision and development proposals shall have utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

4.

All subdivision and developments proposals shall have adequate drainage provided to reduce exposure to flood damage.

5.

All subdivision proposals and development proposals containing at least five (5) lots or at least five (5) acres, whichever is the lesser, in FEMA-delineated special flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway delineations. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

6.

All record subdivision plans approved pursuant to this Chapter shall incorporate all special flood hazard areas into the required open space. Floodplain permit applications for land disturbing activities and structures in the floodplain will only be reviewed for uses listed as L (limited use), I (environmental impact assessment), S (special use) and Y (permitted uses) in Table 40.10.210 or as approved as a beneficial use.

D.

Protection of water supply and sanitary sewage systems.

1.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

2.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters.

3.

On-site waste disposal systems shall be located to avoid impairment to or contamination from them during conditions of flooding.

E.

Buildings and structures. All new construction of buildings and structures, including placement of manufactured homes and substantial improvements to existing buildings and structures, that are to be located, in whole or in part, in special flood hazard areas shall comply with flood load and flood-resistant construction requirements of the building code. Freeboard shall be a minimum of eighteen (18) inches above base flood elevation. All new construction of buildings and structures, including placement of manufactured homes and substantial improvements to existing buildings and structures that are located within the Limit of Moderate Wave Action (LiMWA) shall be constructed per coastal high hazard areas (Zone VE) building standards.

F.

Fill.

1.

No proposal to fill shall result in a net loss of floodplain storage of the subject parcel(s).

2.

Compensatory storage shall be hydraulically equivalent as demonstrated through hydrologic and hydraulic engineering analysis. Compensatory storage shall drain freely to a conveyance system. A restriction on modification of the compensatory storage shall be provided on deed restrictions encumbering the property and running in favor of New Castle County.

3.

Disposal of fill, including but not limited to rubble, construction debris, woody debris, and trash, shall not be permitted in special flood hazard areas.

4.

Where permitted by the building code (Zones A, AE, and AO), fill placed for the purpose of raising the ground level and to support a building or structure shall meet the following requirements:

a.

Extend laterally from the building footprint to provide for adequate access, as a function of use; the Floodplain Administrator may seek advice from the State Fire Marshal's Office and/or the local fire services agency.

b.

Placed and compacted to provide for stability under conditions of rising and falling floodwaters and resistance to erosion, scour, and settling.

c.

Consist of soil or rock materials only.

d.

Sloped no steeper than one vertical on two (2) horizontal, unless approved by the Floodplain Administrator.

e.

Designed with provisions for adequate drainage and no adverse effect on adjacent properties.

5.

Fill placed for a purpose other than to support a building or structure shall meet the requirements of Subsections 40.10.320.F.4.b—e.

6.

Any filling in the FEMA floodplain in conflict with the FEMA FIRM panel, whether previously authorized or unauthorized, shall not be recognized by the Department until FEMA certifies a new floodplain limit so that no development occurs in violation of this Chapter.

7.

Where homes existing as of the date of adoption of this Article can be protected from existing flooding conditions by filling and grading activity not exceeding twenty (20) cubic yards per lot, such filling may be permitted by the Department provided all the requirements of Subsections 40.10.320.F.4.b—e are met.

8.

All areas where fill is added or removed shall fully comply with Chapter 12 of the New Castle County Code.

G.

Historic resources. As specified by the building code, repair, alteration, or rehabilitation of historic resources shall be subject to the requirements of the building code unless a determination is made that compliance will preclude a building or structure's continued designation as a historic resource and a variance is granted in accordance Article 31 and such variance is the minimum necessary to preserve the historic character and design of the building or structure.

H.

Recreational vehicles.

1.

Recreational vehicles in special flood hazard areas shall be fully licensed and ready for highway use, and shall be placed on a site for less than one hundred eighty (180) consecutive days. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than one hundred eighty (180) consecutive days, shall meet the requirements for manufactured homes.

2.

For the purposes of this Division, recreational vehicle means a vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

I.

Gas or liquid storage tanks.

1.

Underground tanks in special flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

2.

Above-ground tanks in special flood hazard areas shall be elevated and anchored to or above the base flood elevation plus eighteen (18) inches or shall be anchored at-grade and designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

3.

In special flood hazard areas, tank inlets, fill openings, outlets and vents shall be:

i.

At or above the base flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood.

ii.

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

J.

Manufactured homes.

1.

Elevation. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the lowest horizontal structural supporting member of lowest floor of the manufactured home is elevated a minimum of eighteen (18) inches above the base flood elevation.

2.

Foundations. All new and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the residential code based on the applicable flood zone identified on the FIRM.

3.

Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a special flood hazard area shall be installed using methods and practices which minimize flood damage. Manufactured homes shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. The anchor and tie-down specifications of the manufacturer are permitted, provided such specifications are specific to installation in special flood hazard areas. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

4.

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section R322 of the residential code based on the applicable flood zone identified on the FIRM.

5.

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall comply with the requirements of Section R322 for protection of mechanical and electrical systems.

6.

For the purposes of this Division manufactured home shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

K.

Storage, material, and equipment.

1.

The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

2.

Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

(Ord. No. 14-126, § 6, 1-13-2015)

In addition to the general requirements of Section 40.10.320, the requirements of this Section apply to all development proposed in special flood hazard areas other than coastal high hazard areas. These areas include Zones A, AE, and AO.

A.

Accessory structures, freestanding decks and in-ground pools. Accessory structures that have a footprint of no more than two hundred (200) square feet, freestanding decks and in-ground pools may be allowed without requiring elevation or floodproofing provided such structures meet all of the following requirements (for additional guidance, see FEMA Technical Bulletin #7 - Wet Floodproofing Requirements):

1.

Accessory structures may be useable only for parking or limited storage.

2.

Constructed with flood damage-resistant materials below the base flood elevation.

3.

Constructed and placed to offer the minimum resistance to the flow of flood waters.

4.

Firmly anchored to prevent flotation, collapse, and lateral movement.

5.

Electrical service and mechanical equipment elevated to or above the level of the base flood elevation.

6.

Equipped with flood openings that meet the requirements of Section R322.2.2 of the residential code.

B.

Development in floodways. Within any floodway area designated on the flood insurance rate map, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted.

C.

Development in areas with base flood elevations but no floodways. For development activities in a special flood hazard area with base flood elevations but no designated floodways, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity and shall submit such analyses and data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant. The proposed development activity may be permitted if the analyses demonstrate that the cumulative effect of the proposed development activity, when combined with all other existing and potential special flood hazard area encroachments will not increase the base flood elevation more than one-tenth (0.1) foot at any point.

D.

Deliberate alterations of a watercourse. For the purpose of these regulations, a watercourse is deliberately altered when a person causes a change to occur within its banks. Deliberate changes to a watercourse include, but are not limited to: widening, deepening or relocating of the channel; installation of culverts; construction of bridges, and excavation or filling of the channel or watercourse banks. For any proposed deliberate alteration of a watercourse, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant. The proposed alteration of a watercourse may be permitted upon submission, by the applicant, of the following:

1.

Documentation of compliance with regulations for development in the floodway or regulations for development if the alteration is in a watercourse with base flood elevations but no floodway, as applicable.

2.

A description of the extent to which the watercourse will be altered or relocated as a result of the proposed development.

3.

A certification by a licensed professional engineer that the bankfull flood-carrying capacity of the watercourse will not be diminished.

4.

Evidence that adjacent communities, the U.S. Army Corps of Engineers, and the Delaware Department of Natural Resources and Environmental Control (Division of Watershed Stewardship) have been notified of the proposal and evidence that such notifications have been submitted to the Federal Emergency Management Agency.

5.

Evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with New Castle County specifying the maintenance responsibilities; if an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.

(Ord. No. 14-126, § 6, 1-13-2015)

See Subsection 40.10.320.E for the requirement that building and structures comply with the flood load and flood-resistant construction requirements of the building code.

A.

The placement of structural fill for the purpose of elevating buildings is prohibited.

B.

Buildings shall be located landward of the reach of mean high tide.

C.

Generally, any reduction in the dimensions of dunes increases the potential for flood damage. Site preparations shall not alter sand dunes unless an engineering analysis demonstrates that the potential for flood damage is not increased.

(Ord. No. 14-126, § 6, 1-13-2015)

The following shall regulate nonconforming structures and uses within the special flood hazard area:

A.

The substantial improvement or repair of a nonconforming structure in a special flood hazard area must be authorized and approved by the Department pursuant to the standards specified in this Division.

B.

Any existing nonconforming building, structure, or use which is proposed to be expanded or enlarged in the special flood hazard area may be permitted upon approval of a floodplain permit application, provided that such expansion or enlargement does not result in an increase to the footprint (foundation) of the building or structure.

C.

Replacement or substantial improvement of a building or structure in the floodway is prohibited.

(Ord. No. 14-126, § 6, 1-13-2015)

All applicants seeking approval under a Beneficial Use permit application shall provide a floodplain application permit that demonstrates compliance with the requirements of this Division. Additionally:

A.

The standards for beneficial use in Division 40.31.600 shall be met.

B.

If a variance from the provisions of this Division is necessary to achieve the requested beneficial use of the property, a floodplain variance application shall be submitted concurrently with the beneficial use permit application.

C.

A beneficial use permit application will not be considered for any applications proposing fill or structures in the floodway.

(Ord. No. 14-126, § 6, 1-13-2015)

The Board of Adjustment shall have the power to authorize, in specific cases, such variances from the requirements of these regulations and the flood load and flood-resistant construction of the building code, not inconsistent with Federal regulations.

A.

Application for a variance. Any owner, or agent thereof, of property for which a variance is sought shall submit an application for a variance to the Floodplain Administrator.

B.

At a minimum, such application shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. Each variance application shall specifically address each of the considerations in Section 40.31.451.

C.

RPATAC review. RPATAC shall review any request for a variance from the standards of this Division and provide a recommendation to the Board of Adjustment.

(Ord. No. 14-126, § 6, 1-13-2015)

A.

Compliance required. No structure or land development shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations.

B.

Failure to obtain a floodplain permit shall be a violation of these regulations.

C.

Floodplain permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the specific activities set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction of such specific activities that is contrary to that authorized shall be deemed a violation of these regulations.

D.

It shall be a violation of this Chapter where there is a failure of a structure or other development to be fully compliant with these floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these regulations is presumed to be in violation until such time that documentation is provided.

E.

Areas where unauthorized land disturbance, building construction, filling activities, or development have occurred and are determined to be in violation of this Division shall be restored to their pre-violation grade and vegetative cover. All work to address a violation of this Article must be done pursuant to an approved floodplain permit.

(Ord. No. 14-126, § 6, 1-13-2015)

In conjunction with standards contained in this Article regarding forest preservation, reforestation, landscape buffering and screening, and open space protection, all which contribute in some manner to a reduction in particulate matter, dust, auto-emissions and other toxic pollutants, the following performance standards are designed to maintain, restore, and enhance air quality in the County.

(Ord. No. 97-172, § 3(ch. 13, div. 10.500), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, div. 10.500), 9-22-1998; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

No site disturbance or construction activity, as regulated herein, may cause the emission of any air contaminants which violate the provisions of this Chapter. The following provisions apply:

A.

Grading, excavation, land clearing and demolition. Land clearing, land grading (including grading for roads), excavation or demolition shall not be permitted unless methods are employed to control dust emissions. Emissions shall not be permitted beyond the lot line of the source of the emission. Methods for controlling dust may include the application of water or the use of other techniques approved by the Department.

B.

Material movement. Visible particulate emissions from any material being transported by a motor vehicle are prohibited.

(Ord. No. 97-172, § 3(ch. 13, § 10.510), 12-31-1997)

It is strongly encouraged that all businesses located in the County consider participating in or establishing ride share programs in an effort to reduce auto-emissions and fossil fuel use. It is also strongly encouraged that businesses located in the County promote the use of mass transit where accessible and convenient to employees, as well as other alternative modes of transportation.

(Ord. No. 97-172, § 3(ch. 13, § 10.520), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Specific uses and emissions thereof which have the potential to negatively impact air quality shall be regulated per applicable State and federal clean air requirements, as adopted and/or amended. Such requirements include, but are not limited to, State of Delaware regulations governing the control of air pollution (pursuant to Title 7, Delaware Code, Chapter 60, as amended) and the federal Clean Air Act. No equipment having the potential to discharge contaminants into the air shall be permitted to operate unless furnished with approved pollution control equipment; where applicable under State or federal law, specific uses shall be required to utilize best available control technology (BACT). No requirements contained herein shall relieve the applicant of the need to obtain State or federal permits or adhere to the regulations pursuant to State or federal law.

(Ord. No. 97-172, § 3(ch. 13, § 10.530), 12-31-1997)

The storage, maintenance, use, or sale of substances listed in 40 CFR 116 as an aggregate quality equal to or greater than a reportable quality as defined in 40 CFR 117 shall be governed by the following provisions. Petroleum products shall also meet the requirements of this Section.

A.

All such activities are prohibited in floodplains, floodways, wellhead class A, B or C, the Cockeysville Formation, drainageways, recharge areas, steep slopes, critical natural areas, wetlands, riparian buffers and sinkholes, unless such substances are used in the process of public water supply and treatment and sewer treatment facilities.

B.

The replacement of existing underground petroleum storage tanks in any area other than a WRPA shall be permitted provided all State and federal regulations are met. The replacement of existing underground petroleum storage tanks in a WRPA where an upgrade is required by DNREC shall be permitted provided all State and federal regulations are met and secondary containment is provided.

C.

In all other area where permitted, above ground storage shall be permitted provided such facilities are designed so that all spills are fully contained in a secondary containment facility that is designed such that there is no spill into soils, surface waters, sewers. The replacement of existing above ground storage facilities in any area shall be permitted provided the State Fire Marshall's Office provides the Department with written approval and all other applicable State and federal regulations are met and secondary containment is provided. Secondary containment shall not be required for above ground storage used exclusively for private residential purposes when located on the residential lot within the setback lines.

D.

In all other areas where permitted, underground storage shall be permitted only for petroleum products, provided all State and federal regulations are met.

(Ord. No. 97-172, § 3(ch. 13, div. 10.540), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, div. 10.600), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

If a proposed use requires an environmental impact assessment report, the applicant shall have such a report prepared and certified by a qualified professional engineer, geologist, landscape architect, environmental consultant, botanist, plant or wildlife ecologist, forester, certified wetlands delineator or other certified professional in the applicable environmental discipline. The report shall contain the following information:

A.

Site character. Identify all on-site sensitive environmental resources and concerns and any potential impacts on adjoining land uses and populations.

B.

Avoidance. Identify alternative sites or routes that would not damage the resource or would result in less resource disturbance. Justification shall be provided for not using these alternative sites or routes.

C.

Minimization. Demonstrate that the plan minimizes the impact of the use on the resource. The applicant shall also demonstrate that the areas impacted shall be the lowest quality and result in the least damage to the resource.

D.

Resource mitigation. A mitigation plan must be submitted that describes the site conditions of the area to be mitigated, the required size of the area of mitigation, detailed plans for monitoring and long-term maintenance, and the mitigation area boundaries.

1.

On-site replacement is the most acceptable for of mitigation. However, mitigation can include restoration and enhancement of the existing resource.

2.

Mitigation cannot be used where the conflict can be avoided or minimized.

3.

Mitigation by replacement on another site shall be at a ratio of two to one (2:1), except for CNA impacts which shall be at a ratio of four to one (4:1) and geographically contiguous to the impacted CNA.

4.

Mitigation may also include enhancement; this ratio shall be four to one (4:1).

E.

Conservation design. Any use proposed within natural resource area open space shall demonstrate how the principles of conservation design will be implemented, how they will be advanced, and how the proposed use will be addressed in the natural resource area open space management plan.

F.

Endangered species. Prepare an inventory of federal and state threatened and endangered plant and animal species (as well as candidates for such designation) on-site and within five hundred (500) feet of the site, determination of the proposed development's impact, and identification of any mitigation.

G.

Cultural and scenic resources. Prepare an inventory of federal, state or locally identified irreplaceable historical, archaeological, paleontological or scenic resources on site and within five hundred (500) feet of the proposed site, determination of the proposed development's impact on the resources and identification of any mitigation.

(Ord. No. 14-126, § 8, 1-13-2015; Ord. No. 21-009, § 4, 12-14-2021; Ord. No. 22-101, § 2, 11-29-2022)

A.

The purposes and duties of RPATAC are defined in Article 30.

B.

Neither the Board of Adjustment, nor the Planning Board shall consider any application for a variance from this Article until the RPATAC has had an opportunity to review the application and make a written recommendation to the respective board. Any application for a variance from this Article shall be transmitted to the RPATAC, which shall have forty-five (45) days from the filing of the application to review and issue its recommendation.

(Ord. No. 14-126, § 8, 1-13-2015)