Dewey Beach City Zoning Code
ARTICLE XII
Design Guidelines
§ 185-87 Streets and rights-of-way.
A.
Street design objectives. New streets constructed as a part of a subdivision or land development proposal or extensions and reconstruction of existing streets shall be designed to achieve the following objectives:
(1)
Support the current and future need for safe and convenient vehicular circulation.
(2)
Support the current and future need for safe, convenient and accessible pedestrian circulation.
(3)
Integrate new streets into the Town's existing street network by extending and respecting the existing grid character of the Town's historic street pattern.
(4)
Limit the need for excessive grading, stormwater management and disturbance of environmentally sensitive areas.
B.
Street network.
(1)
Whenever possible, new development shall incorporate the extension of the Town's existing streets and rights-of-way.
(2)
Where topography, site size and shape permit, new development shall to the greatest extent possible utilize a grid system of streets, consisting of a formal block layout, right-angled intersections and through streets to expand upon the Town's historic street pattern. Dead-end streets shall be avoided whenever possible.
(3)
All developments shall include a minimum of two access points to a collector or arterial street.
(4)
When a vehicular connection is not provided, because of physical or environmental restraints, between residential developments, a pedestrian connection must be provided.
C.
Cul-de-sac streets.
(1)
Cul-de-sac streets may be used only when, due to physical or environmental constraints, a through street connection cannot be achieved.
(2)
In any case, cul-de-sac streets may provide access for no more than five dwelling units.
(3)
The turnaround of a cul-de-sac street shall have minimum radius of 40 feet to the pavement edge or curbline.
D.
Right-of-way and cartway widths.
(1)
The minimum right-of-way width and cartway widths for new streets shall be according to the following schedule:
Street Type | Right-of-Way Width (feet) | Cartway Width (feet) | |
|---|---|---|---|
Arterial | Pursuant to DelDOT requirements | ||
Collector | 60 | 34 | |
Local (cul-de-sac) | 50 | 24 |
(2)
When a subdivision or land development obtains frontage on a street possessing insufficient right-of-way or cartway width, the applicant shall be required to dedicate 1/2 of the necessary additional right-of-way or cartway width, measured from the existing center line of the street, to meet the ultimate right-of-way and cartway width requirements of this section.
F.
Street grades.
(1)
The minimum center-line grade for all streets shall be 0.5%.
(2)
The maximum center-line grade for local streets shall be 10%. The maximum center-line grade for collector or arterial streets shall be 6%.
(3)
Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having not greater than four-percent grade for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.
G.
Intersections.
(1)
Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60°.
(2)
Multiple intersections involving the junction of more than two streets are prohibited.
(3)
Clear sight triangles of 75 feet measured along street center lines from their point of intersection shall be provided at all street intersections, and no buildings or structures shall be permitted within said sight triangle.
(4)
The minimum curb radii at street intersections shall be 15 feet for intersections involving only local streets and 25 feet for intersection involving collector roads and radii as deemed suitable by DelDOT for arterial roadways.
H.
Driveways.
(1)
Driveway entrances may be constructed no closer than 40 feet to any intersection. The measurement shall be taken from the lot corner closest to the two intersecting streets. The Building Official may approve a distance shorter than 40 feet if adherence to the requirement would prevent driveway access to the property.
[Amended 11-17-2023 by Ord. No. 825]
(2)
The maximum width of any driveway entrance shall be 20 feet.
(3)
Each lot shall have no more than one twenty-foot-wide driveway entrance, or two ten-foot-wide driveway entrances with a minimum of 20 feet of unencumbered space between such entrances to provide for public parking. A corner lot may have one ten-foot-wide driveway entrance on each of the two streets bordering the property.
[Amended 6-16-2023 by Ord. No. 814]
I.
Sidewalks.
(1)
Sidewalks shall be a minimum of five feet in width. Sidewalks in any planned development, in areas of high pedestrian traffic, adjacent to schools and churches, places of public assembly and along major streets shall be of greater width, as directed by the Town Planner.
(2)
Developers shall be required to repair damaged sidewalks along all roadways upon which their development obtains frontage. Any development properties without sidewalks are required to install sidewalks in situations where one or more of the side neighboring properties have functioning sidewalks in place.
(3)
All street intersections, driveways or other interruptions of sidewalks shall be equipped with sufficient ADA-compliant handicap ramps.
J.
Street construction. All streets, sidewalks, driveway aprons, depressed curbs, handicap ramps, curbs and gutters shall be constructed according to DelDOT standards and specifications.
K.
Street names. The selection of subdivision and street names shall be coordinated with the post office and the Sussex County Department of Public Safety and Emergency Communications to avoid possible duplication. All street names shall be subject to the review and approval of the Town Commissioners.
§ 185-88 Stormwater management.
A.
Stormwater management plan.
(1)
A development resulting in a net increase of impervious surface on any lot shall be required to prepare and submit a stormwater management plan, indicating the methods and means by which post-development rate of stormwater runoff from the site will be reduced to the pre-development run-off condition. Storms analyzed shall include the one-, two-, ten-, twenty-five- and one-hundred-year storms.
(2)
The developer may utilize on-site detention or retention systems constructed above or below ground or may install such off-site improvements necessary to accommodate the increase in run-off.
(3)
All stormwater management facilities shall be designed in accordance with the State of Delaware Sediment and Stormwater Regulations and will be subject to the review and approval of the Town professional.
B.
Storm sewers. All storm sewer pipelines shall be reinforced concrete pipe, or equivalent, and shall be designed by either of the following two methods. Both shall be based on the Manning equation and shall utilize the "n" factor of 0.015. The minimum allowable pipe size is 15 inches.
(1)
Pipeline submerged.
(a)
This method is based on the assumption that when the storm sewer system is under maximum load, hydraulic gradient will be at or above the crown of the pipe and that flow in the lines will be controlled by head differentials between structures or other locations where the system is open to the ground surface, such as inlets or outlets, manholes and stream inlets and outlets. The head of water above the crown of any pipe can range from zero feet to a point, which will not cause surface flooding.
(b)
The slope of the hydraulic gradient in any section of storm sewer between opening to the surface shall be calculated on the assumption that the pipe is flowing full at a constant velocity and at the required capacity.
(c)
The elevation of the hydraulic gradient at any point in the pipe shall be no lower than the crown of the pipe and no higher than the surface of the ground.
(d)
The elevation of the hydraulic gradient at any point where the system opens to the surface, such as an inlet or manhole, shall be three feet six inches below the surface of the ground.
(e)
At all structures such as manholes, inlets, etc., where the pipe size does not change, the elevation of the hydraulic gradient shall be dropped 0.2 of a foot to allow for losses therein. Where the inlet and outlet pipe sizes are not the same, the elevation of the hydraulic gradient shall be dropped an amount based on the following formula:
H = 0.2 feet + 0.8 (D1 — D2) | ||||
|---|---|---|---|---|
Where: | ||||
D1 | = | Diameter of inlet pipe | ||
D2 | = | Diameter of outlet pipe | ||
If D1 is larger than D2, head loss = 0.2 feet | ||||
(f)
The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full.
(2)
Pipeline flowing full.
(a)
This method is based on the assumption that the hydraulic gradient will match the inside top of the pipe when the system is under maximum hydraulic load.
(b)
For this method, head losses through manholes, inlets, etc. shall be ignored.
(c)
The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full.
(d)
When the pipe sizes change, the inside tops of the pipes shall be matched.
(3)
Profile requirements. Continuous profiles for each reach of pipe shall be plotted along with the hydraulic information pertinent to each reach within the system. This information shall include the pipe size and type, the "n" factor, slope of the pipe, the design capacity and the velocity at the design capacity.
(4)
Endwalls. Standard DelDOT endwalls shall be installed on all influent and effluent pipe.
(5)
Inlets.
(a)
Inlets conforming to DelDOT standards shall be utilized in all applications. The type to be used shall depend on the particular application.
(b)
Sufficient inlets shall be located and constructed so as to collect all of the flow in the contributory drainage area. In roadways the inlets shall be spaced to allow a maximum gutter flow of 4.0 cubic feet per second. Calculations of inlet capacities shall be in accordance with DelDOT Guidelines.
(c)
The gutter of all inlets shall be set not less than two inches, nor more than four inches, below the gutter grade. The surface of the paving adjacent to the inlets shall be constructed to blend into the lowered gutter grade at the inlet in such a manner that sudden drop-off or dip at the inlet will not be created.
(d)
Where surface water is collected from two directions at one street corner, an inlet shall be placed at or near the tangent points of both ends of the radius. The use of an inlet in the radius shall not be allowed.
(6)
Manholes. Manholes shall be located at intervals of approximately 250 feet where pipe sizes of 24 inches or less are used, and 400 feet apart for larger sizes. Inlets should be substituted for manholes where they will serve a useful purpose. Manholes or inlets shall be placed at all changes of direction.
(7)
Open channel design. Open channel design should be based on the following hydraulic considerations:
(a)
Manning's equations:
[1]
To determine n factor:
n | = | 0.015 for best concret-lined ditch | |
|---|---|---|---|
n | = | 0.025 for best unlined ditch | |
n | = | 0.03 to 0.15 for fair to poor natural streams and watercourses |
[2]
Allowable velocities:
Excavation Material | Allowable Velocity (feet per second) | |
|---|---|---|
Fine sand and firm loam | 2.50 to 3.5 | |
Stiff clay and hardpan | 3.75 to 6.0 | |
Concrete-lined ditch | 15 |
(b)
Minimum one foot to zero feet of freeboard should be provided on all channels at one-hundred-year storm flows.
(c)
The channel should be designed to conform, wherever possible, to the adjacent ground conditions. This means that it should not be projecting excessively above the surrounding ground or placed excessively below the surrounding ground.
(d)
Continuous profiles for each reach of open channel shall be plotted along with the adjacent average ground and the hydraulic information pertinent to each reach within the system. This information shall include the type of channel lining, the "n" factor, the width of the channel bottom, the side slopes, the water depth, the design capacity and the velocity at the design capacity.
(e)
Open channels shall have a maximum side slope of three to one and shall have adequate slope protection as required by the Town.
(f)
No open watercourses shall be permitted within the right-of-way of any street.
(8)
No open watercourses shall be permitted within the rights-of-way of any street.
(9)
Location of sewers. Wherever practicable, storm sewers shall be located behind the curb and within the right-of-way of the street. They shall be protected by a cover of at least 18 inches.
(10)
Change in direction. In lieu of manholes or inlets, special concrete pipe sections with a minimum radius of 10 times the inside pipe diameter may be used where changes are made in direction.
(11)
Stormwater roof drains. Stormwater roof drains and pipes immediately adjacent to a sidewalk shall not discharge water over a sidewalk but shall extend under the sidewalk to the gutter. Where accessible, the roof drain shall be connected with the storm drainage system of the Town.
(12)
All storm sewer piping, inlets, catch basins, culverts and manholes shall be designed and constructed pursuant to DelDOT standards and specifications.
(13)
Storm sewers shall be constructed within public rights-of-way or within an appropriate easement.
C.
Detention facilities.
(1)
Storage requirements.
(a)
Whenever an increase in runoff will occur as the result of development, the developer will be required to provide permanent stormwater management facilities to attain zero increase in runoff. The storage requirements of all stormwater management facilities shall be computed in accordance with the Soil Cover Complex Method and must be submitted to the Town for review and, when required, to DNREC.
(b)
It should be noted that in addition to the permanent storage facilities, the developer must provide adequate erosion and sedimentation control measures in accordance with the County Conservation District and DNREC.
(c)
The volume of storage provided shall equal the total additional volume of runoff due to development based on a one-hundred-year frequency twenty-four-hour-duration storm. The storage required may be based on "after" construction flows rather than "during," provided that the development is properly staged or other measures are taken to retard the higher "during" construction flows. An additional storage allowance of 0.06-acre inches must be provided to compensate for sediment accumulation.
(2)
Discharge piping.
(a)
Discharge piping shall be reinforced concrete pipe and shall be sized to maximize use and efficiency of the storage provided. Specifically, the most critical duration one-hundred-year storm should fill the storage facility to the spillway level without utilizing the spillway. In no case shall the spillway be utilized in the design routing of one-hundred-year storms.
(b)
The sizing of the discharge piping will therefore require detailed analysis rather than a random sizing correlating to a "before" construction standard frequency storm, such as a ten-year storm. The design engineer's submittal to the Town must include calculations on the methodology of sizing the piping. The capacity of all discharge piping shall be based on "inlet control" or, where conditions warrant, "outlet control." DNREC standards may be utilized for this.
(c)
Once the discharge piping is sized, storage versus elevation versus discharge curve should be prepared and included with the submittal, along with a routing of the most critical one-hundred-year storm. Both ends of the discharge piping shall be provided with headwalls.
(d)
Erosion protection shall be provided in the form of riprap or other acceptable means where required by the Town.
(e)
Anti-seep collars shall be provided for all discharge pipes. The collars shall be a minimum of six inches thick and shall extend a minimum of two feet in all directions from the outside walls of the pipe.
(3)
Emergency spillway.
(a)
A concrete-lined emergency spillway shall be provided for all storage facilities. Although the storage facility is designed so that the spillway will not be used in a one-hundred-year storm the possibility exists whereby the outlet pipe could be totally blocked during a storm. For this reason, it is required that the spillway be sized to accommodate the peak flow rate into the pond when the pond would be completely full during a one-hundred-year storm assuming a totally blocked discharge pipe.
(b)
The spillway capacity should be calculated by the formula
Q = 3.087 x ((D^3)) ^0.5 x L | ||||
|---|---|---|---|---|
Where: | ||||
Q | = | Capacity in cubic feet per second | ||
D | = | Depth of spillway in feet | ||
L | = | Length of spillway in feet | ||
(c)
The minimum depth of spillway shall be two feet.
(4)
Storage area.
(a)
Side slopes in storage areas shall be no steeper than three to one. Every effort should be made to blend the storage area into the natural topography of its surroundings.
(b)
The bed of the storage area shall slope towards the discharge pipe from all directions at a minimum slope of 1%.
(c)
Prior to grading in the storage area, the topsoil shall be stripped and stockpiled. Upon completion of grading, the topsoil shall be redistributed over the storage area (minimum six inches thick). The area should then be seeded with a mixture approved by the Town Planner.
(d)
All fill material to be utilized in embankment areas shall be selected from the more impervious materials available at the site and shall be compacted to a minimum of 95% of the materials' maximum dry density as determined by a Standard Proctor Test. Where necessary, embankment fill materials shall be keyed into virgin soil. Where embankment berms are used, a minimum ten-foot-wide flat area shall be provided at the top of the berm (sieve analysis required to accompany submission).
(e)
The responsibility for the continued maintenance and operation of the retention facility shall be the obligation of the property owner or Town, whichever is applicable. A fence four feet in height with a self-closing gate surrounding the basin may be required as directed by the Town.
(f)
All storage areas must be located outside of the one-hundred-year floodplain.
(g)
Underground storage beds will be given consideration in lieu of aboveground conventional storage facilities.
D.
Water quality. Maximizing the groundwater recharge capacity of the area being developed is required. Design of the infiltration facilities shall consider groundwater recharge to compensate for the reduction in the recharge that occurs when the ground surface is disturbed or impervious surface is created.
(1)
Infiltration best management practices (BMPs) minimum requirements.
(a)
Infiltration BMPs intended to receive runoff from developed areas shall be selected based on suitability of soils and site conditions and shall be constructed on soils that have the following characteristics:
[1]
A minimum depth of 24 inches between the bottom of the BMP and the top of the limiting zone.
[2]
An infiltration rate sufficient to accept the additional stormwater load and dewater completely as determined by field tests conducted by the applicant's design professional.
[3]
The infiltration facility shall be capable of completely infiltrating the retention (infiltration) volume (Rev) within four days (96 hours).
[4]
Pretreatment shall be provided prior to infiltration.
(b)
The size of the infiltration facility shall be based upon the following volume criteria:
[1]
One inch from impervious surface: the retention (infiltration) volume (Rev) will be equal to capturing one inch of rainfall over all proposed impervious surfaces.
Rev = I * impervious area (square feet) ÷ 12 (inches) = cubic feet (cf) |
[2]
Obtaining the Rev volume in Subsection D(2)(b)[1] above may not be feasible on every site due to site-specific limitations such as soil type. If it cannot be physically accomplished, then the design professional shall be responsible for showing that this cannot be physically accomplished. If it cannot be physically accomplished, then the retention (infiltration) volume Rev required shall be as much as can be physically accomplished with a minimum of 0.50 inch depending on demonstrated site conditions. It has been determined that capturing and infiltrating 0.50 inch of runoff from the impervious areas will aid in maintaining the hydrologic regime (baseflow) of the watershed. If these goals cannot be achieved, then 0.50 inch of rainfall shall be retained and infiltrated from all impervious areas. The minimum recharge volume (Rev) required would, therefore, be computed as:
Rev = I * impervious area (square feet) ÷ 12 (inches) = cubic feet (cf) | ||||
|---|---|---|---|---|
An asterisk (*) in equations denotes multiplication. | ||||
Where: | ||||
I | = | The maximum equivalent infiltration amount (inches) that the site can physically accept or 0.50 inch, whichever is greater. | ||
[a]
The retention volume values derived are the minimum volume the applicant must control through an infiltration BMP facility. However, if a site has areas of soils where additional volume of retention can be achieved, the applicant is encouraged to infiltrate as much of the stormwater runoff from the site as possible.
[b]
If the minimum of 0.50 inch of infiltration requirement cannot be achieved, a waiver would be required from the Town.
(2)
Soils. A detailed soils evaluation of the project site shall be required to determine the suitability of infiltration facilities. The evaluation shall be performed by a qualified design professional and at minimum address soil permeability, depth to bedrock, and subgrade stability. The general process for designing the infiltration BMP shall be:
(a)
Analyze hydrologic soil groups as well as natural and man-made features within the site to determine general areas of suitability for infiltration practices. In areas where development on fill material is under consideration, conduct geotechnical investigations of subgrade stability; infiltration may not be ruled out without conducting these tests.
(b)
Provide field tests such as double ring infiltrometer or hydraulic conductivity tests (at the level of the proposed infiltration surface) to determine the appropriate hydraulic conductivity rate. Percolation tests are not recommended for design purposes.
(c)
Design the infiltration structure for the required retention (Rev) volume based on field-determined capacity at the level of the proposed infiltration surface.
(d)
If on-lot infiltration structures are proposed by the applicant's design professional, it must be demonstrated to the Town that the soils are conducive to infiltrate on the lots identified.
E.
Exemptions from the water quality requirements.
(1)
Exemptions for land use activities. The following land use activities are exempt from the water quality requirements of this chapter:
(a)
Road replacement, development, or redevelopment that has less than 2,000 square feet of new, additional, or replaced impervious surface/cover or, in the case of earth disturbance only, less than 5,000 square feet of disturbance, is exempt from this chapter.
§ 185-89 Grading and erosion control.
A.
Grading plans. All proposals for development shall be accompanied by a grading plan, indicating existing contours at two-foot intervals, proposed grading, finished floor elevations and spot elevations sufficient to describe the extent of all grading activities as well as existing and proposed drainage patterns on the site.
B.
Grading design.
(1)
Site grading shall be accomplished in a manner so as not to disrupt existing drainage patterns. Site grading shall seek to provide positive drainage away from buildings and vehicular and pedestrian circulation routes while avoiding the creation of architectural barriers and areas of ponding and standing water.
(2)
In addition to the requirements of this article, development proposals shall be designed to be consistent with the following design standards:
D.
Erosion control. All grading plans shall contain appropriate soil erosion and sediment control measures in accordance with the applicable regulations of the State of Delaware Sediment and Stormwater Regulations.
§ 185-90 Utilities.
§ 185-90.1 Wireless facilities.
[Added 3-2-2021 by Ord. No. 761]
A.
Purposes. The Town of Dewey Beach has a critical interest in preserving and promoting the aesthetics of beach lands, streets and roads within its municipal boundaries and jurisdiction. The installation of small cell technology is designed to enhance wireless capabilities while harmoniously blending into the existing character and context of the beach lands, streets and roads within the Town. Installation of small cell technology shall take into consideration the aesthetics of the area in which it will be placed. The Town desires to ensure its small beach town character and the maintenance of the natural beauty of its beaches when development occurs in any form.
B.
Applicability. This section applies to all wireless facilities within the Town of Dewey Beach, including the expansion, collocation and/or modification of any existing small cell facilities, subject to the following procedures.
(1)
Permit. No wireless facility shall be erected, constructed, installed or modified without first obtaining a permit from the Town of Dewey Beach.
(2)
Town reviews of installations or maintenance of wireless facilities covered by federal or state legislation are confined to the procedures and limits on review and approval for siting, collocating and modifying wireless facilities and equipment as defined by those regulations, as amended, and all applicable codes regarding building standards. Applications that include changes to or new wireless facilities not specified by federal or state laws will be subject to additional Town review procedures, guidelines, and fees.
(3)
This § 185-90.1 is not intended to, nor shall it be interpreted or applied to prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; unreasonably discriminate among providers of functionally equivalent services; deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions; prohibit any collocation or modification that the Town may not deny under federal law; or otherwise authorize the Town to preempt any applicable federal or Delaware state law.
C.
Wireless facilities review.
(1)
Prohibited on certain property.
(a)
Wireless facilities shall not be permitted on any property used for residential purposes.
(b)
Wireless facilities shall not be permitted on the beach dunes or east of the beach dunes.
(c)
Wireless facilities shall not be permitted on pedestrian sidewalks unless ADA compliance standards can be met.
[Added 12-2-2021 by Ord. No. 778]
(2)
Conditional use permit review. Conditional use permit approval as outlined in § 185-74 shall be required for all wireless facilities except for those circumstances in which administrative review is permitted.
(3)
Administrative review. The following types of wireless facilities shall not require conditional use permits and shall be reviewed administratively for compliance with this § 185-90.1:
(a)
Small cell facilities located on any existing wireless support structures in any zoning district;
(b)
Small cell facilities located on a new wireless support structure in any designated State or Town rights-of-way or on Town- or state-owned utility poles or structures;
(c)
Modifications to a wireless facility support structure which involves: collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment, provided the modification does not result in substantial change in the physical dimensions of an eligible support structure.
Any decision to administratively approve or deny a permit application is subject to review by the Commissioners of the Town of Dewey Beach. |
D.
Design standards. All wireless facilities shall comply with the Town's design standards.
E.
Collocation. To the extent practical, all wireless facilities and associated equipment that are placed in the Town shall be attached to a preexisting wireless support structure or a replacement wireless support structure located in the same footprint as the removed wireless support structure and which complies with all other requirements of this § 185-90.1. If an applicant demonstrates that no collocation opportunities exist in the area where a technologically documented need for a facility exists, the applicant may request that a new wireless support structure be installed in that area for the purposes of constructing the wireless facilities. Before any new wireless support structure is permitted, the following must occur:
(1)
The applicant must have provided the Town written evidence that no practical collocation opportunity exists. This evidence shall include, but not be limited to, affidavits, correspondence, or other written information that demonstrates that the applicant has taken all commercially reasonable actions to achieve collocation in the required location or area, that the applicant has pursued but been denied access to all potential collocation sites in the subject area (including the reasons for such denials), and otherwise show that the applicant is unable to collocate on an existing wireless support structure.
F.
Application process. Applicants shall utilize application forms provided by the Town to initiate a review depending on the type of proposed wireless facility.
G.
Annual plan: Every applicant for permit for wireless facility must submit to the Town of Dewey Beach a wireless facility location plan ("annual plan") if a plan from the applicant is not already on file. The annual plan must clearly identify the location of every existing facility, and the general location of each proposed facility to be constructed or located within the Town of Dewey Beach. The applicant must update the annual plan each year. In the event a proposed facility is not reflected on the applicant's existing annual plan, the applicant shall amend the annual plan on file to reflect the proposed facility. The Town of Dewey Beach shall not accept an application that includes any wireless facility that:
[Added 12-2-2021 by Ord. No. 778[1]]
(1)
Is not reflected on an applicant's existing annual plan; or
(2)
Has been submitted by an applicant who does not have an existing and current annual plan on record with the Town of Dewey Beach. The annual plan should include a map and accompanying database listing of sites which exist and those planned for the future.
H.
Fees related to applications and annual plan:
[Added 12-2-2021 by Ord. No. 778]
(1)
$500 at the time of filing an update to the wireless facility location plan required by the Town of Dewey Beach.
(2)
$250 for modification or revision of the application and/or plans. The fee shall be a minimum of $250 unless an extensive application and/or plan review is required. The fee shall then be determined by the Town and sufficient to offset the cost of the additional plan review and services.
(3)
Permit applications filed by a wireless provider will be reviewed by the Town of Dewey Beach including the Town Manager, Town Solicitor and Town Wireless Consultant. All costs of review of the application shall be reimbursed to the Town by the applicant.
(4)
The Town of Dewey Beach requires all permit applications to include costs of materials and labor to be included in all applications, which would be subject to a 3% permit fee cost, in addition to the above fees.
I.
Time frame for approval. The Town shall comply with all federal and state timing requirements in consideration of applications for new tower facilities and collocation and modification of existing wireless facilities. Wireless facilities that do not fall under such requirements will follow the plan review scheduling requirements outlined for site plans and conditional uses.
J.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same and any supporting equipment within 90 days of receipt of notice from the Town notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
K.
Bonding requirements. Whenever any tower facility is constructed, the operator thereof shall obtain and keep in force:
L.
Permit fees. The permit fee for each wireless facility shall be calculated and assessed in accordance with Chapter 71 of the Dewey Beach Code of Ordinances.
M.
Reimbursement. In addition to permit fees as described in this section, every wireless facility in the right-of-way and upon beach lands is subject to the Town's right to recover its actual costs incurred as a result of construction in the right-of-way, including, but not limited to, the costs of administration and performance of all reviewing, inspecting, permitting, supervising and other management activities by the Town. The owner of each wireless facility shall reimburse the Town for the Town's costs reasonably incurred in connection with the activities described above. All fees shall comply with applicable state and federal law and not exceed amounts presumed reasonable by the FCC.
N.
Nonconforming uses.
(1)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this § 185-90.1.
(2)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 185-90.1B(1), bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without first having to obtain administrative approval or a conditional use permit. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 185-90.1I.
P.
Penalties. Any violation of § 185-90.1 of the Code of Ordinances of the Town of Dewey Beach shall be subject to fines in the amount of $500 per day.
[Added 12-2-2021 by Ord. No. 778]
§ 185-91 Landscaping.
A.
Landscape plan. A landscape plan, prepared by a landscape architect licensed in the State of Delaware, must be included in any application for building permit submitted to the Town and shall indicate the location, species (common and botanical names), size and condition of all proposed plantings.
B.
Buffer yards. Vegetation to be used as buffer yards and landscaping for off-street parking and loading areas shall be approved by the Town prior to installation.
§ 185-92 Fences.
§ 185-93 Lighting.
A.
Street lighting.
(1)
For the planned residential and commercial zoned districts, the applicant shall provide a lighting plan showing the existing light levels for the property. Any area falling below a minimum lighting level of one footcandle will require the addition of lights. The Town reserves the right to reject any light fixtures that are not appealing and consistent with the Town.
(2)
All required street lighting shall be provided pursuant to DelDOT standards and specifications.
§ 185-94 Stormwater runoff and guttering and downspouts.
[Added 7-19-2024 by Ord. No. 841]
A.
Construction of a new residential structure or new residential and commercial mixed-use structure, or renovation of a residential or mixed-use structure that increases the impervious roof surface of the area of the structure, requires the utilization of gutters and downspouts.
B.
The discharge point for downspouts on all new, renovated, and existing structures shall be not less than four feet from the nearest property boundary line, or greater distance if necessary to contain discharge from downspouts within the boundaries of the property.
C.
Any existing residential or mixed-use structure that does not satisfy the downspout discharge requirements of Subsection B shall be modified to satisfy the requirements within 90 days after notification by the Town Building Official. Failure to correct deficiencies within this period is subject to a fine of $250. A new $ 250 fine shall be levied for each subsequent thirty-day period in which deficiencies remain uncorrected. The initial ninety-day period may be extended at the discretion of the Building Official.