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Ardentown City Zoning Code

Sec. 40.20.230

Streets.

All new streets not intended to be private in nature and widened portions of all existing dedicated public rights-of-way shall be dedicated to public use, subject to final inspection and acceptance by DelDOT. For local, collector or marginal access streets, construction and design of such streets or portions of streets shall be in accordance with the subdivision regulations of DelDOT. For arterial streets, construction and design of such streets or portions of streets shall be in accordance with the standards of DelDOT. Design standards for subdivision streets shall be as follows:

A.

Arterial and collectors. The location and function of proposed arterial and collector streets shall be coordinated with plans and proposals contained in the Comprehensive Development Plan, and the WILMAPCO and DelDOT Transportation Plans, as appropriate, and shall be designed in relation to existing and planned streets, topographical conditions, planimetric features, public convenience, and safety, and in appropriate relation to the proposed uses of the land to be served by such streets.

B.

Local streets. Local streets shall be designed to discourage through traffic. However, developments within superblocks shall be interconnected to reduce loadings on arterials and collectors. Marginal access streets should be provided where necessary, based on proposed uses and loadings.

C.

Nonresidential streets. Streets in commercial and industrial areas should be laid out so as to accommodate truck traffic, especially with regard to curb radii, intersection design, etc.

D.

Provision for widening. Building setbacks and orientation, curb cut locations, connections to streets, and internal vehicular circulation patterns should be designed with full consideration for future rights-of-way, future right-of-way widenings, interchanges and intersections.

E.

Parking. Commercial, industrial, and multi-family parking lots shall be designed with due consideration for proper traffic flow and channelization.

F.

Street connectors. Subdivisions shall be connected to each other to provide reasonable access within a superblock. The street connections shall follow the local circulation plan (Section 40.21.111). Whenever a street interconnection is proposed, the following notification requirements must be noted on the applicable plan:

1.

The developer or its assigns shall, during construction and before the first lot is sold, install a street sign to provide notice to potential purchasers of property along a proposed or planned interconnecting street that said interconnection is planned or proposed.

a.

Such signs shall be of a metal DelDOT regulation street sign and shall be placed at the end of the stub street in the right-of-way.

b.

The sign shall indicate "Street Connection to Future Development", as well as reference "New Castle County Department of Land Use" and the respective "instrument number" of the recorded plan depicting the interconnection.

c.

For projects where the interconnecting street is not constructed until future phases, the developer shall move the sign as necessary (to be determined by the Department) to the end of the stub street as construction occurs. The sign shall be removed once the interconnection is made.

d.

Photographic proof of installation and a signed affidavit must be provided to the Department prior to issuance of the first building permit.

2.

The developer or its assigns shall obtain written acknowledgement as a part of any agreement of sale from a prospective homebuyer as to awareness of the potential or planned street interconnection.

3.

The developer and/or its assigns shall append a notification to every new deed in every new subdivision stating the name of the subdivision, the instrument number of the subdivision, and the name of every street in the subdivision for which a future interconnection is proposed or planned.

4.

The developer and/or its assigns shall note on the record plan the planned or potential street interconnections and the aforementioned requirements to post signage, to obtain written acknowledgement of notice of the proposed connector street, and the requirement that the developer and/or its assigns furnish a copy of the record plan depicting the street interconnection(s) to every homebuyer in the subdivision.

5.

Failure to implement any action required by a record plan note shall be deemed to be a violation of the record plan, and shall be subject to all penalties and remedies contained in Division 40.31.900.

G.

Private streets. Private streets shall be permitted only in the SR and SE Districts, and in rural subdivisions (Article 24).

H.

Marginal access streets.

1.

A distance of ten (10) feet is required between the back of the curb of any marginal access street and the right-of-way line of the parallel principal road. Where both marginal access streets and the principal road are located within a common right-of-way, this requirement shall apply to the distance between pavement edges. If the principal road is an internal or collector street, the minimum distance between pavement edges shall be thirty (30) feet.

2.

Other requirements for marginal access streets are provided in applicable portions of the subdivision regulations of DelDOT.

I.

Alleys.

1.

Alleys are prohibited in subdivisions of single-family detached residences, except in the TN District.

2.

Alleys may be permitted in other types of residential subdivisions, provided the subdivider produces evidence to the Department of their benefit for the community.

3.

Where alleys are proposed in residential areas, they shall be at least twenty (20) feet wide and paved for a width of at least fifteen (15) feet.

4.

Where required, alleys in commercial or industrial districts shall have a minimum paved width of twenty-two (22) feet and, where necessary, corners shall be rounded or cut back to permit safe use by large vehicles.

J.

Culs-de-sac.

1.

A cul-de-sac proposed on a residential, commercial, office or mixed-use major land development plan shall be no greater than two hundred (200) feet in total length when measured from the right-of-way of the intersecting street to the right-of-way at the end of the cul-de-sac. The cul-de-sac may not serve more than sixteen (16) lots.

2.

A cul-de-sac proposed on an industrial or business park major land development plan shall be no greater than one thousand (1,000) feet.

3.

The length of the cul-de-sac abutting an area subject to essential access approval may be deducted from the calculation of the standard.

K.

Intersections. Where feasible, intersections shall be aligned with those in previously approved or completed developments.

L.

Transit passenger waiting shelters. Transit passenger waiting shelters shall be permitted in all zoning districts subject to the following requirements:

1.

A minimum required setback of one (1) foot from a curbline shall be maintained for all shelters.

2.

Shelters on corner lots shall comply with clear sight distances.

3.

Shelters to be located within a street right-of-way shall be approved by DelDOT.

(Ord. No. 97-172, § 3(ch. 13, § 20.230), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 20.230), 9-22-1998; Ord. No. 01-009, § 1, 6-12-2001; Ord. No. 06-060, § 1(Exh. A), 9-26-2006; Ord. No. 09-037, § 1, 10-13-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 18-021, § 18, 7-10-2018; Ord. No. 21-009, § 5, 12-14-2021)