Delmar City Zoning Code
ARTICLE XXVI
Development Plans
§ 10-188 Purpose.
The purpose of this article is to:
A.
Guide the growth and development of the Town in accordance with the Comprehensive Plan.
B.
Encourage an orderly layout of land uses.
C.
Insure that public facilities are available and/or of sufficient capacity to service proposed developments.
D.
Minimize and manage the impact of development on air, water, and other natural resources.
E.
Provide for open space especially in new developments.
F.
Aid developers in the preparation of a comprehensive development plan.
G.
Layout procedures and requirements for a review of this plan.
§ 10-189 Development plans.
A development plan is a comprehensive record of a development project, initially submitted as a proposed estimate of how a project could be developed, and that will in time evolve to become a record of what was actually developed. A plan shall be submitted for any development of three or more lots, parcels, tracts, properties on which is shown the existing and proposed conditions, including, but not limited to, topography, vegetation, drainage, floodplains, wetlands, waterways, landscaping and open spaces, walkways, entrances and exits, circulation, utility services, lot lines, easements, structures and buildings, signs, lighting, parking, screening, surrounding development, and any other information that may be reasonably required by the Town to make an informed decision on the proposed project. Before too much time and money is invested in the creation of a development plan, the Town encourages developers to submit a concept plan to the Town Manager, the Commission, and the respective elected officials to establish the general viability of the proposed project.
§ 10-190 When required.
§ 10-191 Procedure.
A.
Concept plan.
(1)
The developer should consult early and informally with the Town Manager and technical staff, the Commission, and the elected officials before the preparation of the formal preliminary site plan. This will enable the developer to become familiar with the Town's Comprehensive Plan, all relevant ordinances and regulations, plus any required public works improvements. The purpose of this concept plan review is to minimize costly formal revisions.
(2)
The developer needs to submit the number of copies required, as determined by the Town Manager, of the concept plan that includes a statement describing the proposed use, the map, parcel, and track number, the date, North point and scale, a location map, and the location of streets and abutting highways.
B.
General procedure: site plan. The procedure for review and approval of any development requires two separate steps. First, a preliminary site plan needs to be submitted to the Commission. The second step is to work with the Town, in good faith, to receive a timely final plan approval. Once the preliminary plans are approved by the Town, the developer may proceed under the Town requirements in place on the date of that approval and has one year (365 days) to present a final set of plans. If one year passes, the developer may either request an extension from the Mayor and Council (DE) and/or the Mayor and Commissioners (MD) or simply submit a new set of preliminary plans, which shall restart the clock and shall be subject to any and all new requirements.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD)]
C.
Preliminary site plan.
(1)
The applicant shall submit the number of copies required, as determined by the Town Manager, of the complete site plans to the Town Manager at least 30 calendar days before the meeting of the Commission. The Town Manager will distribute a copy of this plan to the Commission, technical staff, and additional departments (Police, Fire and Public Works) and agencies as may be deemed necessary. The Town Manager shall, within 10 days from the date of receipts thereof, notify the developer of the site and time of the meeting on which the Commission will consider the preliminary site plan.
(2)
The Commission may not consider the proposed development or subdivision for conditional approval or rejection until after such meeting.
D.
Action of the Commission.
(1)
On the date set for consideration of the site plan, the Commission shall hear the reports and recommendations from Town officials, staff, and agents, and then shall hear the comments and opinion of the developer, and finally from any others that may be present. After giving due consideration to all such reports, recommendations, comments, and opinions, the Commission, within 45 days from the date of consideration of the site plan by the Commission, shall approve, conditionally approve, or disapprove the site plan, and the Town Manager shall report its action in written statement, signed by the Chairman, directly to the developer. One copy of the plan submitted by applicant shall be attached to the written statement and one shall be kept in the Commission's file.
(2)
In the event of a disapproval of the plan by the Commission, the developer shall be furnished with a written statement of the reason and authority for such disapproval. In the event of conditional approval, the developer shall be furnished with a written statement showing what changes are necessary to make the plan conform to the requirements of the Commission and this chapter. Any such approval, disapproval, or conditional approval shall be a final ruling of the Commission for purpose of appeal to the Town Council or Mayor and Commissioners.
(3)
Grounds for disapproval. The Commission shall disapprove a preliminary site plan if the use to be of the property is prohibited by any ordinance, statute, or other valid regulation, or if the land is subject to severe flood hazard or severe inundation and the developer has not provided adequate protections and safeguards. The Commission may, on request or of its own motion, hire consultants to advise whether the land is subject to severe flood hazards [see Ch. 124, Floodplain Management (MD); and Ch. 413, Floodplain Management (DE)] or severe inundation and to express opinions on the protections and safeguards suggested.
E.
Administration.
(1)
The time limit of 45 days for acting on the preliminary site plan may be extended by mutual consent of the developer and the Commission.
(2)
If no action is taken by the Commission within the time limits as specified, the preliminary site plan as filed shall be deemed to be approved, and it shall be the duty of the Commission to certify the approval.
(3)
In the event reclassification of a zone or a variance from this Chapter 10, Planning and Zoning Regulations, is requested, the applicant shall be directed by the Town Manager to meet with the Commission, for review and comment, prior to meeting with the Mayor and Council (DE) and/or Mayor and Commissioners (MD) for the necessary public hearing and approval.
[Amended 10-2-2017 by Ord. No. 168 (DE); 10-9-2017 by Ord. No. 735 (MD)]
(4)
Failure of the applicant to submit a final plat for approval showing compliance with all conditions set forth in the preliminary approval within 12 months after the date of the preliminary approval shall constitute an abandonment of the application and revocation of the preliminary approval. An extension of not more than six months may be granted by the Commission upon request.
§ 10-192 Preliminary site plan requirements.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following are required for preliminary site plans:
A.
A statement describing the proposed use.
B.
A site layout, drawn to scale of not less than on inch equals 50 feet, showing the location, dimensions, and area of each lot, the location, dimensions, and height of proposed buildings, structures, streets, and any existing buildings in relation to the property and street lines. If the developer plans to develop the property in stages, such plans shall show the relationship of the portion schedules for initial development to the proposed layout of the entire property.
C.
The location, dimensions, and arrangements of all open spaces and yards, dumpsters, fences, and buffer yards, including methods and materials to be employed for screening. This includes an informal landscape plan showing general location of plantings and all forest conservation zones.
D.
The location, size, arrangement, and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading, and unloading and provisions to be made for lighting such areas.
E.
Zoning districts and requirements.
F.
The approximate location and direction of flow of all rivers, streams, creeks, or lakes, and natural drainage channels and approximate locations of all areas covered by water or subject to flooding or tides.
G.
Proposed stormwater drainage facilities must be shown.
H.
The location of all existing public utilities, including storm drains, water lines, sewers, sanitary facilities, and electric and gas lines, etc.
I.
Name of owner and person who prepared the site plan.
§ 10-193 Final site plan consideration.
A.
The applicant shall submit 12 copies of the final site plan at least 10 days prior to the meeting of the Commission. The Town Manager shall give applicant ten-day notice of the date and time of the meeting for final consideration, and shall give applicant at least seven-day notice of any inadequacies noted, or of any ways in which the final plan, in the opinion of the Town Manager, fails to comply with the terms and conditions of the preliminary approval. The Commission shall not consider the proposed development for approval, conditional approval, or rejections until after each meeting. A meeting shall be scheduled within a reasonable time of submission.
B.
Information required in final site plan.
(1)
All items required in the preliminary site plan.
(2)
The location and dimensions of sidewalks.
(3)
The location and technical specifics of all exterior lighting.
(4)
Complete landscape plan, detailing locations, numbers, and types (species) of vegetation plantings (refer to definition).
(5)
If any electric or telephone utilities or other utilities are to be installed, then the developer shall show upon the final plan and dedicate the necessary easements therefor.
(6)
The owner's certificate.
(7)
The surveyor's certificate.
(8)
Health Department's certificate.
(9)
Town Manager's certificate.
(10)
Commission Chairman's certificate signifying Commission approval.
(11)
Mayor's certificate signifying approval of Town Council or Town Commissioners. This approval is based on the preliminary plan submitted by the developer. This approval is given within 45 days of submission of the preliminary site plan.
(12)
A draft copy of any proposed documents or covenant controlling property usage.
(13)
A recorded, nontransferable public works agreement (PWA).
§ 10-194 General requirements; minimum design standards.
A.
The developer must:
(1)
Take into consideration the relation of existing buildings and natural terrain to the proposed development. To achieve a harmonious relationship between existing and proposed structures, the developer should create focal points with respect to avenues of approach, terrain features, or other buildings, and relate open space between all existing and proposed buildings.
(2)
Take into consideration vehicular and pedestrian circulation, including walkways, interior drives, and parking. These areas should enhance the appearance and access to the proposed buildings and structures and to the neighboring properties.
(3)
Place electric and telephone lines underground, where possible. Locate aboveground lines in places where they will have little impact on neighboring properties.
(4)
Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with general appearance of neighboring developed areas.
B.
Along the highway corridor (Route 13), the following guidelines should be followed:
(1)
Maintain pleasing aesthetic values along the highway by maintaining the natural beauty and scenery of the highway corridor through distinctive views, and visual continuity.
(2)
Provide of the continued safe and efficient use of roadways.
(3)
Protect existing greenbelts, natural vegetation, and wildlife habitats along the corridor.
(4)
Minimize cut and fill operations by maintaining the natural topography of the corridor.
(5)
Minimize intersections and site access points.
(6)
An effort should be made to limit corporate architecture.
C.
The layout of the development site shall be such that an overall street system may be designed within the development and which will connect with streets or highways to the development in such a way as to provide for the safe and efficient movement of pedestrians and traffic to and within the development. Ingress and egress shall be provided only in such a manner as will not cause traffic congestion, restrict emergency vehicle access, nor aggravate existing congestion. For these reasons, culs-de-sac and dead-end streets are discouraged and may result in disapproval from the Commission.
D.
The design of the development shall be such that necessary utilities may be adequately provided to serve the development and protect the public interest.
E.
The layout of the development shall be such that it will lend itself to the orderly series or stages of construction, to insure that access and utilities can provide a minimum of public expense and effort.
F.
The use of piping shall be required for all stormwater, drainage, and tax ditches within Town limits. This requirement may be void if it is superceded by any county, state, or federal requirement and/or regulations pertaining to said property and/or development.
G.
Large stormwater ponds (greater than 15,000 gallons) shall provide Fire Department access or shall provide dry hydrant connections between the pond the development as may be deemed necessary.
H.
The design of the development shall be pedestrian-friendly, to include sidewalks for all residential streets, and shall meet current applicable ADA standards required by Delaware Department of Transportation or Maryland Department of Transportation.
I.
A landscape plan shall be required.
§ 10-195 Prior approval requirements.
A.
Prior to the preliminary development plan review on a tract, lot, parcel of land in any of the zoning districts, a comprehensive development plan, a community impact statement and a traffic study shall be performed and submitted to the Commission for review and approval in accordance with the requirements and standards set forth in this chapter. No development shall occur or a building permit issued without providing the above documents unless written consent is obtained by the Commission after the preliminary development plan review.
B.
Comprehensive development plan. The developer shall submit a plan which includes:
(1)
A site plan showing the location of all streets, pedestrianways, rail lines, utility systems, landscaped areas, parcel lines, building areas, entrances and exits, to be provided;
(2)
Any restrictions to be included in the sale or lease of land for parking, building, location, property maintenance, sign control and other protective measures;
(3)
A schedule for the development of streets, grading, utility installation, rail facilities, docking facilities or other improvements to be provided for the project area and occupants thereof;
(4)
A statement of intent to proceed and financial capability of the developer or sponsor; and
(5)
A community impact statement or any portion thereof at the discretion of the Commission.
C.
Community impact statement.
(1)
The developer shall provide a report addressing all expected changes to the general quality of life and will include the following:
(a)
A market study related to the type of development proposed, e.g., retail marketing, housing market, transient housing, etc. This study shall include an estimate of existing need and reasonable forecasts of future demand for the kind of development proposed. It will be used to determine the extent of existing facilities of a type similar to that proposed and used to estimate when development may be needed in the community.
(b)
An impact study related to the quantity and kind of improvement and services to be provided by the community for the proposed development. This study should include an estimate of revenue to the community from proposed development and an estimate of the cost of improvements and services required to serve the development immediately to serve the development and those that may be needed in the future. The impact study related to services and improvements should include, where applicable, but not be limited to, services and improvements such as schools, utilities, including sewerage, water mains, and storm drainage, streets, traffic, police and fire protection, refuse collections and disposal, recreation facilities, etc.
(c)
An environmental impact statement related to the effect of the proposed development on natural draining channels and streams, natural growth, soils, air and water quality, etc., and a statement related to the effect of the proposed development on the use and development of adjoining property and the general neighborhood.
(d)
All development activities must address protection of state and federally designated endangered species. The developer must determine, through contact with the Town and the Maryland Department of Natural Resources or the Delaware Department of Natural Resources and Environmental Control, whether proposed activities will occur within or adjacent to identified endangered species habitats and whether the activities will affect the area. Refer to Article XXV, Subdivisions.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
(2)
This statement should include such considerations as the effect of noise, dust, odor, traffic, lighting, smoke, erosion, sediment control, flooding, changes in natural ground cover, as well as any other impact to the general quality of life in the community.
§ 10-196 Post-approval requirements.
A.
A plan of development approved in accordance with the regulations contained in this article shall remain valid for a period of 18 months following the date of approval. If, at the end of that time, construction of the proposed project shall not have begun, then said plan of development shall be considered as having lapsed and shall be no effect (void) unless resubmitted and reapproved.
B.
A written request for an extension may be submitted to the Town, and such request shall contain both the reason for failure to meet the current time requirement and a request for a specific amount of additional time needed to meet this requirement.
C.
All construction and development shall be in accordance with the approved development plan. Any departure from such plan shall be a cause for revocation of a building permit by the Code Enforcement Officer. Any changes in an approved plan shall be resubmitted for approval in accordance with this chapter.
D.
Construction will be deemed to have begun when all necessary excavation, entrance(s) from municipal road(s), roads to service the initial phase of the development, and utilities, as well as piers or footings of one or more structures specified in the approved development plan, shall have been completed.
E.
In the event work on a development is stopped or delayed for more than one month, the developer shall be responsible to take all actions necessary to secure the site and maintain the site in such a manner as to not become a detriment to the surrounding properties in the neighborhood.