Bridgeville, DE Zoning Ordinance

Provide for large-scale, unified, mixed-use developments.

Encourage design innovation as a means of ensuring compatibility with existing and future development.

Achieve the goals of the Comprehensive Plan.

Authorization:

The Town Commissioners may establish an RPC District permitting the development of land in accordance with the standards and procedures set forth in this article.

Approval of an RPC District constitutes a commitment by the applicant to develop the subject property in accordance with the arrangement of land uses and density ranges authorized in the RPC approval process.

§ 234-36 Permitted Uses and Structures.

Where a "(D)" appears to the right of a use, a definition for that use can be found in Article II.

Permitted uses.

	Circus, carnival grounds, amusement parks, midways for any period not to exceed three days upon written application, nonprofit.
	Dwelling, single-family (D), including modular.
	Government facilities and services, municipal (D).
	Park, playground, recreation area, or recreational building, noncommercial (open to the public free of charge).
	Public safety facilities (D), including ambulance, fire, homeland security, police, and rescue.
	Public utility service lines (D).
	Bakery, provided that goods produced on the premises are also sold on the premises.
	Bank.
	Convenience store (D).
	Custom shop for making articles or products sold at retail on premises, such as custom clothing, art, needlework, and hand weaving.
	Dry cleaner, laundry, provided that no flammable agents are used.
	Dwelling, two-family (D).
	Dwelling, garden apartment (D).
	Dwelling, multifamily (D).
	Dwelling, townhouse (D).
	Government facilities and services, nonmunicipal (D).
	Hotel or motel.
	Manufactured home sales agency.
	Office (D).
	Outdoor place of amusement, recreation, assembly.
	Professional services, such as accounting, architecture, dental, engineering, insurance, land planning, law, medical, and real estate.
	Repair shop for household and personal goods, such as watches, jewelry, musical instruments, electronic products, and household appliances.
	Restaurants (D), including take-out and fast-food restaurants.
	Retail sales establishments (D).
	Shopping center (D).
	Supermarket (D).
	Theater, except open-air.

Permitted as conditional uses. See § 234-24.

	Art galleries.
	Bed-and-breakfast (D).
	Circus, carnival grounds, amusement parks, midways for any period not to exceed three days.
	Clubs and other fraternal and social organizations (D).
	Community center (D).
	Construction trailer for period not to exceed one year.
	Dwelling, manufactured home (D).
	Educational institution (D), private and public including charter (D).
	Exposition centers or fairgrounds, temporary.
	Libraries.
	Museums.
	Places of amusement, recreation, assembly, other than a theater, when conducted completely within a building.
	Places of worship (D).
	Public utility service facilities (D).
	Recreation facilities, private or commercial (D).
	Sports arenas and stadiums, commercial athletic fields and parks.
	Swimming and tennis clubs.
	Theater, open-air (drive-in).

§ 234-37 Property development standards.

Tract area calculations and standards.

Calculation: total tract area minus area of dedicated streets and alleys.

Standards.

R-1 District: 40 acres.

R-2 District: 10 acres.

In any residential district, the minimum tract area shall be 10 acres when the proposed development is composed solely of single-family detached dwellings.

Residential development area.

The area of the Residential Planned Community on which residential development shall be permitted shall be determined by subtracting from the total tract area of the residential planned community the area set aside for churches, schools, and state wetlands as defined by regulations and maps promulgated by the Delaware Department of Natural Resources and Environmental Control pursuant to Title 7, Chapter 66, of the Delaware Code as existing on the date of the adoption of this chapter.

Density.

Minimum: 4.0 dwellings units per acre.

The Planning and Zoning Commission shall determine the maximum number of permitted dwellings as part of its review and approval of an application for an RPC District. The Town Commissioners may increase the overall residential density of a RPC as long as such an increase is consistent with the Comprehensive Plan.

Lot area: 5,000 square feet.

Lot width: 50 feet.

Commercial development area.

Calculation. The area devoted to commercial uses in an RPC shall be the lesser of either:

Twenty percent of the residential development area as defined in the previous section; or

The following formula:

One acre for the first 100 dwelling units; plus

Two acres for the second 100 dwelling units; plus

Four acres for each additional 100 dwellings units.

Exclusion. The maximum area for commercial uses excludes areas devoted to recreational uses available to residents of the RPC Zone and/or the public, such as fitness centers, golf courses, swimming pools, tennis courts.

Recreation and open space.

Required. Each RPC development plan shall include recreational uses and open spaces that are appropriate to and proportional to the size of the planned community.

Recreation standards.

Minimum acreage.

Between 10 and 15 acres: 0.5 acre.

Between 15 and 25 acres: one acre.

More than 25 acres: one acre for every 100 dwelling units.

Permitted activities: active recreational uses including, but not limited to swimming pools, tennis courts, putting greens, and tot lots.

Open space standards.

Minimum Area: 1/3 of the area of the residential planned community on which residential development shall be permitted as described in Subsection B(1) of this section.

Permitted activities: passive recreational uses, including, but not limited to, bicycle trails, walking trails, parks, or gardens.

Landscaping plan. For any area which shall be subject to a phasing plan to permit deferred construction of the improvement required herein, a landscape and maintenance plan shall be submitted for approval with each development plan. Landscape plantings may consist of grass, ornamental landscaping, or shade trees indigenous to local areas. The landscaping plan may also include berms and agricultural uses. Landscaping plans shall be subject to all other requirements of this chapter.

[Added 5-13-2013 by Ord. No. 13-5]

Other development standards. The provisions of the following articles apply to RPC developments.

Article XIII, Subdivision and Land Development.

Article XIV, Streets, Sidewalks, Curbs, and Gutters.

Article XV, Utilities.

Article XVI, Sensitive Areas, and Art. XVII, Drainage; Stormwater Management; Sediment Control.

(5)

Article XVIII, Signs.

(6)

Article XIX, Off-Street Parking and Loading.

(7)

Article XX, Recreation; Open Space; Screening; Shade.

Notwithstanding other subsections in § 234-37, the Commissioners of the Town of Bridgeville may adjust property development standards applicable to residential planned communities for phased development, as a part of RPC final development plan approval(s) for such phase(s).

[Added 10-14-2013 by Ord. No. 13-8]

§ 234-38 Approval process.

Preapplication conference. A development concept shall be presented informally to the Town Commissioners. The Town Commissioners may request representatives from any Town, county, or state agencies to attend the preapplication conference.

RPC concept plan.

Definition. An RPC concept plan consists of statements and drawings that provide general information about a proposed residential planned community. While the plan need not provide detailed site plans of buildings, utilities, streets, and parking, it shall clearly depict an overall land use pattern, general circulation system, and open space or park system, and the development's major features.

Required information.

Petition: written request for the establishment of an RPC District signed by owners and contract purchasers of the property for which the RPC District is being sought.

Narrative:

Written statements providing the following information:

Current and proposed ownership of all land within the development.

Overall objectives of the proposed RPC and how it corresponds to and complies with the goals and objectives of the Comprehensive Plan and this chapter.

Site development information.

Total acreage.

Description of proposed land uses, including residential, commercial, institutional, recreational, open space, and pedestrian and traffic circulation.

Approximate number of dwelling units, densities of residential areas, and anticipated population.

Acreage allocated to each proposed use.

Method of providing sewer service, water service, and other utility services, including, but not limited to, telephone, gas, and electric services.

Method of providing storm drainage.

[g]

Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas.

[h]

School availability.

[i]

Method for evaluating and minimizing impacts to environmentally sensitive areas, as identified by current federal, state, and local inventories.

[j]

General description of the architectural and landscape elements on the perimeter of the planned development.

Development phases.

Development phases with emphasis on the area, density, uses, and public facilities to be developed during each phase.

Approximate date for beginning construction and the duration of construction for each phase.

Mixes of land uses to be built in each phase.

Concept plan: a graphical presentation, prepared at a scale depicting the entire plan concept on a single sheet of paper that is no smaller than 24 by 36 inches and no larger than 36 by 48 inches.

Site data.

Boundary lines and dimensions of the site.

General locations and purposes of existing and proposed easements.

Major external access points.

General pattern of pedestrian and vehicular circulation.

Proposed land use patterns illustrating approximate areas and distribution of uses.

Mapping data including the proposed name for the development, engineer, planner, surveyor name as applicable, north arrow, scale, preparation date.

Environmental Data:

Topography: Topographic map, if possible at minimum one-foot contour intervals.

Floodplain Map: Information, using the most current source acceptable to the Town Commissioners, indicating the location and extent of the regulatory floodplain.

Soils: Information from the most current U.S. Department of Agriculture indicating location and types of soils: if such information is not available, soil borings.

Wetlands: Approximate locations and extent of existing vegetation and wetlands as identified by current federal, state, and local inventories.

Stating: Proposed development phases.

Town Commissioners' review.

Intergovernmental coordination.

Compliance with PLUS. No RPC application, subject to review pursuant to the preliminary land use service (PLUS) authorized in Title 29, Chapter 92, of the Delaware Code and/or the provisions of a Memorandum of Understanding between the Town and the Office of State Planning Coordination, shall receive preliminary approval until the Office of State Planning Coordination has provided written comments to the Town.

Referrals to other agencies. The Planning and Zoning Commission may request review and comment on a preliminary development plan from the Town Engineer, pertinent state departments (such as Natural Resources and Environmental Control, Education, Transportation), Sussex County departments and agencies (particularly infrastructure providers), and any other appropriate agency or person.

Before taking action on an RPC application, the Town Commissioners shall allow sufficient time for the Office of State Planning Coordination, departments, and agencies to respond.

Public hearing. The Town Commissioners shall hold a public hearing according to the standards and procedures set forth in Article XXI, § 234-94A through D.

Review and approval.

The Town Commissioners' decision shall include findings of fact on which their decision is based. The findings shall describe how the proposed RPC concept plan meets the goals, objectives, and standards of the Comprehensive Plan and this chapter.

Limitations.

Pursuant to 22 Del C § 702(c), land shall be placed only in a zoning classification that is in accordance with the uses of land provided for in the Comprehensive Development Plan.

The Town Commissioners may not add land to what was included in the proposed amendment.

Approval by ordinance. The Town Commissioners shall take action on a petition for an RPC Zone by ordinance. An ordinance approving a petition shall include provisions approving the application and amending the Zoning Map to indicate that the RPC District is superimposed (i.e., overlaid) on the subject property.

[4]

Ordinance adoption procedures—See Article XXI, § 234-94F.

[5]

The Town Commissioners may approve an RPC concept plan with modifications. Such modifications shall be included in the ordinance approving the plan.

[6]

The applicant is responsible for demonstrating, to the satisfaction of the Administor, compliance with conditions as a prerequisite to preliminary development plan approval.

(d)

Designation on Zoning Map. Following the Town Commissioners' approval of a concept plan for an RPC District, the Zoning Map shall reflect those properties on which the RPC District is superimposed with a distinctive symbol.

(e)

Duration; revocation; and extension.

Duration: three years.

Revocation.

The approval of an RPC application and concept plan shall be revoked if the applicant does not file an application for an RPC preliminary development plan for at least an initial phase of the approved plan within three years following approval of an RPC concept plan.

If an RPC concept plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC application was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC preliminary development plan.

The extension may not be longer than five years from the effective date of the ordinance that approved RPC zoning for the property.

RPC preliminary development plan.

Definition: a detailed map showing the proposed layout for at least a portion, section, or development stage of an area that:

Has been rezoned to the RPC District; and

Concurrent with the rezoning, has received approval of an RPC concept plan; and

Incorporates the conditions on which approval of the RPC concept plan was based.

Review and approval.

Each RPC preliminary development plan shall be reviewed for compliance with this chapter and as to whether it meets the conditions of concept plan approval.

An RPC preliminary development plan may be approved with conditions.

The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions.

Duration; revocation; and extension.

Duration: one year.

Revocation.

The approval of an RPC preliminary plan shall be revoked if the applicant does not file an application for an RPC final development plan within one year following approval of an RPC preliminary plan.

If an RPC preliminary plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC Zoning District was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC final development plan.

The applicant must demonstrate, to the satisfaction of the Town Commissioners, that the delays in filing an RPC final plan were beyond his/her control.

The extension may not be longer than two years from the date on which approval of the RPC preliminary plan expired.

RPC final development plan.

Definition: a detailed map showing the proposed layout for at least a portion, section, or development stage of an area that incorporates the conditions on which approval of an RPC preliminary development plan was based.

Review and approval.

Each RPC final development plan shall be reviewed for compliance with this chapter and whether it meets the conditions of the RPC preliminary development plan approval.

An RPC final development plan may be approved with conditions.

The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions as a prerequisite to obtaining a zoning certificate.

Duration; revocation; and extension.

Duration: One year.

Revocation.

The approval of an RPC final plan shall be revoked if the applicant does not file an application for an zoning certificate within one year following approval of an RPC final plan.

If an RPC final plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC Zoning District was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC final development plan.

The applicant must demonstrate, to the satisfaction of the Town Commissioners, that the delays in filing an application for a zoning certificate were beyond his/her control.

The extension may not be longer than two years from the date on which approval of the RPC final plan expired.

Record plat. See § 234-22A(6).

Bridgeville City Zoning Code

ARTICLE VIII

Residential Planned Community RPC Zoning District

§ 234-35 Purposes; authorization.

Purposes:

Provide for large-scale, unified, mixed-use developments.

Encourage design innovation as a means of ensuring compatibility with existing and future development.

Achieve the goals of the Comprehensive Plan.

Authorization:

The Town Commissioners may establish an RPC District permitting the development of land in accordance with the standards and procedures set forth in this article.

§ 234-36 Permitted Uses and Structures.

Where a "(D)" appears to the right of a use, a definition for that use can be found in Article II.

Permitted uses.

	Circus, carnival grounds, amusement parks, midways for any period not to exceed three days upon written application, nonprofit.
	Dwelling, single-family (D), including modular.
	Government facilities and services, municipal (D).
	Park, playground, recreation area, or recreational building, noncommercial (open to the public free of charge).
	Public safety facilities (D), including ambulance, fire, homeland security, police, and rescue.
	Public utility service lines (D).
	Bakery, provided that goods produced on the premises are also sold on the premises.
	Bank.
	Convenience store (D).
	Custom shop for making articles or products sold at retail on premises, such as custom clothing, art, needlework, and hand weaving.
	Dry cleaner, laundry, provided that no flammable agents are used.
	Dwelling, two-family (D).
	Dwelling, garden apartment (D).
	Dwelling, multifamily (D).
	Dwelling, townhouse (D).
	Government facilities and services, nonmunicipal (D).
	Hotel or motel.
	Manufactured home sales agency.
	Office (D).
	Outdoor place of amusement, recreation, assembly.
	Professional services, such as accounting, architecture, dental, engineering, insurance, land planning, law, medical, and real estate.
	Repair shop for household and personal goods, such as watches, jewelry, musical instruments, electronic products, and household appliances.
	Restaurants (D), including take-out and fast-food restaurants.
	Retail sales establishments (D).
	Shopping center (D).
	Supermarket (D).
	Theater, except open-air.

Permitted as conditional uses. See § 234-24.

	Art galleries.
	Bed-and-breakfast (D).
	Circus, carnival grounds, amusement parks, midways for any period not to exceed three days.
	Clubs and other fraternal and social organizations (D).
	Community center (D).
	Construction trailer for period not to exceed one year.
	Dwelling, manufactured home (D).
	Educational institution (D), private and public including charter (D).
	Exposition centers or fairgrounds, temporary.
	Libraries.
	Museums.
	Places of amusement, recreation, assembly, other than a theater, when conducted completely within a building.
	Places of worship (D).
	Public utility service facilities (D).
	Recreation facilities, private or commercial (D).
	Sports arenas and stadiums, commercial athletic fields and parks.
	Swimming and tennis clubs.
	Theater, open-air (drive-in).

§ 234-37 Property development standards.

Tract area calculations and standards.

Calculation: total tract area minus area of dedicated streets and alleys.

Standards.

R-1 District: 40 acres.

R-2 District: 10 acres.

In any residential district, the minimum tract area shall be 10 acres when the proposed development is composed solely of single-family detached dwellings.

Residential development area.

Density.

Minimum: 4.0 dwellings units per acre.

Lot area: 5,000 square feet.

Lot width: 50 feet.

Commercial development area.

Calculation. The area devoted to commercial uses in an RPC shall be the lesser of either:

Twenty percent of the residential development area as defined in the previous section; or

The following formula:

One acre for the first 100 dwelling units; plus

Two acres for the second 100 dwelling units; plus

Four acres for each additional 100 dwellings units.

Recreation and open space.

Required. Each RPC development plan shall include recreational uses and open spaces that are appropriate to and proportional to the size of the planned community.

Recreation standards.

Minimum acreage.

Between 10 and 15 acres: 0.5 acre.

Between 15 and 25 acres: one acre.

More than 25 acres: one acre for every 100 dwelling units.

Permitted activities: active recreational uses including, but not limited to swimming pools, tennis courts, putting greens, and tot lots.

Open space standards.

Minimum Area: 1/3 of the area of the residential planned community on which residential development shall be permitted as described in Subsection B(1) of this section.

Permitted activities: passive recreational uses, including, but not limited to, bicycle trails, walking trails, parks, or gardens.

[Added 5-13-2013 by Ord. No. 13-5]

Other development standards. The provisions of the following articles apply to RPC developments.

Article XIII, Subdivision and Land Development.

Article XIV, Streets, Sidewalks, Curbs, and Gutters.

Article XV, Utilities.

Article XVI, Sensitive Areas, and Art. XVII, Drainage; Stormwater Management; Sediment Control.

(5)

Article XVIII, Signs.

(6)

Article XIX, Off-Street Parking and Loading.

(7)

Article XX, Recreation; Open Space; Screening; Shade.

[Added 10-14-2013 by Ord. No. 13-8]

§ 234-38 Approval process.

RPC concept plan.

Required information.

Petition: written request for the establishment of an RPC District signed by owners and contract purchasers of the property for which the RPC District is being sought.

Narrative:

Written statements providing the following information:

Current and proposed ownership of all land within the development.

Overall objectives of the proposed RPC and how it corresponds to and complies with the goals and objectives of the Comprehensive Plan and this chapter.

Site development information.

Total acreage.

Description of proposed land uses, including residential, commercial, institutional, recreational, open space, and pedestrian and traffic circulation.

Approximate number of dwelling units, densities of residential areas, and anticipated population.

Acreage allocated to each proposed use.

Method of providing sewer service, water service, and other utility services, including, but not limited to, telephone, gas, and electric services.

Method of providing storm drainage.

[g]

Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas.

[h]

School availability.

[i]

Method for evaluating and minimizing impacts to environmentally sensitive areas, as identified by current federal, state, and local inventories.

[j]

General description of the architectural and landscape elements on the perimeter of the planned development.

Development phases.

Development phases with emphasis on the area, density, uses, and public facilities to be developed during each phase.

Approximate date for beginning construction and the duration of construction for each phase.

Mixes of land uses to be built in each phase.

Concept plan: a graphical presentation, prepared at a scale depicting the entire plan concept on a single sheet of paper that is no smaller than 24 by 36 inches and no larger than 36 by 48 inches.

Site data.

Boundary lines and dimensions of the site.

General locations and purposes of existing and proposed easements.

Major external access points.

General pattern of pedestrian and vehicular circulation.

Proposed land use patterns illustrating approximate areas and distribution of uses.

Mapping data including the proposed name for the development, engineer, planner, surveyor name as applicable, north arrow, scale, preparation date.

Environmental Data:

Topography: Topographic map, if possible at minimum one-foot contour intervals.

Floodplain Map: Information, using the most current source acceptable to the Town Commissioners, indicating the location and extent of the regulatory floodplain.

Soils: Information from the most current U.S. Department of Agriculture indicating location and types of soils: if such information is not available, soil borings.

Wetlands: Approximate locations and extent of existing vegetation and wetlands as identified by current federal, state, and local inventories.

Stating: Proposed development phases.

Town Commissioners' review.

Intergovernmental coordination.

Before taking action on an RPC application, the Town Commissioners shall allow sufficient time for the Office of State Planning Coordination, departments, and agencies to respond.

Public hearing. The Town Commissioners shall hold a public hearing according to the standards and procedures set forth in Article XXI, § 234-94A through D.

Review and approval.

Limitations.

Pursuant to 22 Del C § 702(c), land shall be placed only in a zoning classification that is in accordance with the uses of land provided for in the Comprehensive Development Plan.

The Town Commissioners may not add land to what was included in the proposed amendment.

[4]

Ordinance adoption procedures—See Article XXI, § 234-94F.

[5]

The Town Commissioners may approve an RPC concept plan with modifications. Such modifications shall be included in the ordinance approving the plan.

[6]

The applicant is responsible for demonstrating, to the satisfaction of the Administor, compliance with conditions as a prerequisite to preliminary development plan approval.

(d)

(e)

Duration; revocation; and extension.

Duration: three years.

Revocation.

If an RPC concept plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC application was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC preliminary development plan.

The extension may not be longer than five years from the effective date of the ordinance that approved RPC zoning for the property.

RPC preliminary development plan.

Definition: a detailed map showing the proposed layout for at least a portion, section, or development stage of an area that:

Has been rezoned to the RPC District; and

Concurrent with the rezoning, has received approval of an RPC concept plan; and

Incorporates the conditions on which approval of the RPC concept plan was based.

Review and approval.

Each RPC preliminary development plan shall be reviewed for compliance with this chapter and as to whether it meets the conditions of concept plan approval.

An RPC preliminary development plan may be approved with conditions.

The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions.

Duration; revocation; and extension.

Duration: one year.

Revocation.

The approval of an RPC preliminary plan shall be revoked if the applicant does not file an application for an RPC final development plan within one year following approval of an RPC preliminary plan.

If an RPC preliminary plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC Zoning District was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC final development plan.

The applicant must demonstrate, to the satisfaction of the Town Commissioners, that the delays in filing an RPC final plan were beyond his/her control.

The extension may not be longer than two years from the date on which approval of the RPC preliminary plan expired.

RPC final development plan.

Review and approval.

Each RPC final development plan shall be reviewed for compliance with this chapter and whether it meets the conditions of the RPC preliminary development plan approval.

An RPC final development plan may be approved with conditions.

The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions as a prerequisite to obtaining a zoning certificate.

Duration; revocation; and extension.

Duration: One year.

Revocation.

The approval of an RPC final plan shall be revoked if the applicant does not file an application for an zoning certificate within one year following approval of an RPC final plan.

If an RPC final plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC Zoning District was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC final development plan.

The applicant must demonstrate, to the satisfaction of the Town Commissioners, that the delays in filing an application for a zoning certificate were beyond his/her control.

The extension may not be longer than two years from the date on which approval of the RPC final plan expired.

Record plat. See § 234-22A(6).

Bridgeville City Zoning Code

ARTICLE VIII

Residential Planned Community RPC Zoning District

§ 234-35 Purposes; authorization.

Purposes:

Provide for large-scale, unified, mixed-use developments.

Encourage design innovation as a means of ensuring compatibility with existing and future development.

Achieve the goals of the Comprehensive Plan.

Authorization:

The Town Commissioners may establish an RPC District permitting the development of land in accordance with the standards and procedures set forth in this article.

§ 234-36 Permitted Uses and Structures.

Where a "(D)" appears to the right of a use, a definition for that use can be found in Article II.

Permitted uses.

	Circus, carnival grounds, amusement parks, midways for any period not to exceed three days upon written application, nonprofit.
	Dwelling, single-family (D), including modular.
	Government facilities and services, municipal (D).
	Park, playground, recreation area, or recreational building, noncommercial (open to the public free of charge).
	Public safety facilities (D), including ambulance, fire, homeland security, police, and rescue.
	Public utility service lines (D).
	Bakery, provided that goods produced on the premises are also sold on the premises.
	Bank.
	Convenience store (D).
	Custom shop for making articles or products sold at retail on premises, such as custom clothing, art, needlework, and hand weaving.
	Dry cleaner, laundry, provided that no flammable agents are used.
	Dwelling, two-family (D).
	Dwelling, garden apartment (D).
	Dwelling, multifamily (D).
	Dwelling, townhouse (D).
	Government facilities and services, nonmunicipal (D).
	Hotel or motel.
	Manufactured home sales agency.
	Office (D).
	Outdoor place of amusement, recreation, assembly.
	Professional services, such as accounting, architecture, dental, engineering, insurance, land planning, law, medical, and real estate.
	Repair shop for household and personal goods, such as watches, jewelry, musical instruments, electronic products, and household appliances.
	Restaurants (D), including take-out and fast-food restaurants.
	Retail sales establishments (D).
	Shopping center (D).
	Supermarket (D).
	Theater, except open-air.

Permitted as conditional uses. See § 234-24.

	Art galleries.
	Bed-and-breakfast (D).
	Circus, carnival grounds, amusement parks, midways for any period not to exceed three days.
	Clubs and other fraternal and social organizations (D).
	Community center (D).
	Construction trailer for period not to exceed one year.
	Dwelling, manufactured home (D).
	Educational institution (D), private and public including charter (D).
	Exposition centers or fairgrounds, temporary.
	Libraries.
	Museums.
	Places of amusement, recreation, assembly, other than a theater, when conducted completely within a building.
	Places of worship (D).
	Public utility service facilities (D).
	Recreation facilities, private or commercial (D).
	Sports arenas and stadiums, commercial athletic fields and parks.
	Swimming and tennis clubs.
	Theater, open-air (drive-in).

§ 234-37 Property development standards.

Tract area calculations and standards.

Calculation: total tract area minus area of dedicated streets and alleys.

Standards.

R-1 District: 40 acres.

R-2 District: 10 acres.

In any residential district, the minimum tract area shall be 10 acres when the proposed development is composed solely of single-family detached dwellings.

Residential development area.

Density.

Minimum: 4.0 dwellings units per acre.

Lot area: 5,000 square feet.

Lot width: 50 feet.

Commercial development area.

Calculation. The area devoted to commercial uses in an RPC shall be the lesser of either:

Twenty percent of the residential development area as defined in the previous section; or

The following formula:

One acre for the first 100 dwelling units; plus

Two acres for the second 100 dwelling units; plus

Four acres for each additional 100 dwellings units.

Recreation and open space.

Required. Each RPC development plan shall include recreational uses and open spaces that are appropriate to and proportional to the size of the planned community.

Recreation standards.

Minimum acreage.

Between 10 and 15 acres: 0.5 acre.

Between 15 and 25 acres: one acre.

More than 25 acres: one acre for every 100 dwelling units.

Permitted activities: active recreational uses including, but not limited to swimming pools, tennis courts, putting greens, and tot lots.

Open space standards.

Minimum Area: 1/3 of the area of the residential planned community on which residential development shall be permitted as described in Subsection B(1) of this section.

Permitted activities: passive recreational uses, including, but not limited to, bicycle trails, walking trails, parks, or gardens.

[Added 5-13-2013 by Ord. No. 13-5]

Other development standards. The provisions of the following articles apply to RPC developments.

Article XIII, Subdivision and Land Development.

Article XIV, Streets, Sidewalks, Curbs, and Gutters.

Article XV, Utilities.

Article XVI, Sensitive Areas, and Art. XVII, Drainage; Stormwater Management; Sediment Control.

(5)

Article XVIII, Signs.

(6)

Article XIX, Off-Street Parking and Loading.

(7)

Article XX, Recreation; Open Space; Screening; Shade.

[Added 10-14-2013 by Ord. No. 13-8]

§ 234-38 Approval process.

RPC concept plan.

Required information.

Petition: written request for the establishment of an RPC District signed by owners and contract purchasers of the property for which the RPC District is being sought.

Narrative:

Written statements providing the following information:

Current and proposed ownership of all land within the development.

Overall objectives of the proposed RPC and how it corresponds to and complies with the goals and objectives of the Comprehensive Plan and this chapter.

Site development information.

Total acreage.

Description of proposed land uses, including residential, commercial, institutional, recreational, open space, and pedestrian and traffic circulation.

Approximate number of dwelling units, densities of residential areas, and anticipated population.

Acreage allocated to each proposed use.

Method of providing sewer service, water service, and other utility services, including, but not limited to, telephone, gas, and electric services.

Method of providing storm drainage.

[g]

Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas.

[h]

School availability.

[i]

Method for evaluating and minimizing impacts to environmentally sensitive areas, as identified by current federal, state, and local inventories.

[j]

General description of the architectural and landscape elements on the perimeter of the planned development.

Development phases.

Development phases with emphasis on the area, density, uses, and public facilities to be developed during each phase.

Approximate date for beginning construction and the duration of construction for each phase.

Mixes of land uses to be built in each phase.

Concept plan: a graphical presentation, prepared at a scale depicting the entire plan concept on a single sheet of paper that is no smaller than 24 by 36 inches and no larger than 36 by 48 inches.

Site data.

Boundary lines and dimensions of the site.

General locations and purposes of existing and proposed easements.

Major external access points.

General pattern of pedestrian and vehicular circulation.

Proposed land use patterns illustrating approximate areas and distribution of uses.

Mapping data including the proposed name for the development, engineer, planner, surveyor name as applicable, north arrow, scale, preparation date.

Environmental Data:

Topography: Topographic map, if possible at minimum one-foot contour intervals.

Floodplain Map: Information, using the most current source acceptable to the Town Commissioners, indicating the location and extent of the regulatory floodplain.

Soils: Information from the most current U.S. Department of Agriculture indicating location and types of soils: if such information is not available, soil borings.

Wetlands: Approximate locations and extent of existing vegetation and wetlands as identified by current federal, state, and local inventories.

Stating: Proposed development phases.

Town Commissioners' review.

Intergovernmental coordination.

Before taking action on an RPC application, the Town Commissioners shall allow sufficient time for the Office of State Planning Coordination, departments, and agencies to respond.

Public hearing. The Town Commissioners shall hold a public hearing according to the standards and procedures set forth in Article XXI, § 234-94A through D.

Review and approval.

Limitations.

Pursuant to 22 Del C § 702(c), land shall be placed only in a zoning classification that is in accordance with the uses of land provided for in the Comprehensive Development Plan.

The Town Commissioners may not add land to what was included in the proposed amendment.

[4]

Ordinance adoption procedures—See Article XXI, § 234-94F.

[5]

The Town Commissioners may approve an RPC concept plan with modifications. Such modifications shall be included in the ordinance approving the plan.

[6]

The applicant is responsible for demonstrating, to the satisfaction of the Administor, compliance with conditions as a prerequisite to preliminary development plan approval.

(d)

(e)

Duration; revocation; and extension.

Duration: three years.

Revocation.

If an RPC concept plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC application was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC preliminary development plan.

The extension may not be longer than five years from the effective date of the ordinance that approved RPC zoning for the property.

RPC preliminary development plan.

Definition: a detailed map showing the proposed layout for at least a portion, section, or development stage of an area that:

Has been rezoned to the RPC District; and

Concurrent with the rezoning, has received approval of an RPC concept plan; and

Incorporates the conditions on which approval of the RPC concept plan was based.

Review and approval.

Each RPC preliminary development plan shall be reviewed for compliance with this chapter and as to whether it meets the conditions of concept plan approval.

An RPC preliminary development plan may be approved with conditions.

The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions.

Duration; revocation; and extension.

Duration: one year.

Revocation.

The approval of an RPC preliminary plan shall be revoked if the applicant does not file an application for an RPC final development plan within one year following approval of an RPC preliminary plan.

If an RPC preliminary plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC Zoning District was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC final development plan.

The applicant must demonstrate, to the satisfaction of the Town Commissioners, that the delays in filing an RPC final plan were beyond his/her control.

The extension may not be longer than two years from the date on which approval of the RPC preliminary plan expired.

RPC final development plan.

Review and approval.

Each RPC final development plan shall be reviewed for compliance with this chapter and whether it meets the conditions of the RPC preliminary development plan approval.

An RPC final development plan may be approved with conditions.

The applicant is responsible for demonstrating, to the satisfaction of the Administrator, compliance with conditions as a prerequisite to obtaining a zoning certificate.

Duration; revocation; and extension.

Duration: One year.

Revocation.

The approval of an RPC final plan shall be revoked if the applicant does not file an application for an zoning certificate within one year following approval of an RPC final plan.

If an RPC final plan approval is revoked, the land shall revert to the base zoning districts in effect at the time the RPC Zoning District was granted.

Extension.

The Town Commissioners may authorize one extension of time to file an RPC final development plan.

The applicant must demonstrate, to the satisfaction of the Town Commissioners, that the delays in filing an application for a zoning certificate were beyond his/her control.