New Castle County Unincorporated
City Zoning Code
City Zoning Code
APPENDIX 1
APPLICATION AND PLAN REQUIREMENTS
1. Land development application submission requirements.
A.
Pre-application sketch plan (planning and engineering).
1.
SLD - 1 form;
2.
Site analysis plan pursuant to Appendix 1(3)(K);
3.
One or more concept plans with defined conservation, open space and development areas;
4.
All adjacent recorded subdivision and development plans;
5.
Estimated sanitary sewer flows, sewer location and all possible tie-ins;
6.
All existing adjacent transportation, pedestrian and open space inter-connections;
7.
The required review fee; and
8.
All current County taxes, school taxes and sewer service fees must be paid or not delinquent at the time of application.
9.
Any and all known restrictions or legal impediments which would interfere with or prevent the implementation of the proposed development.
10.
For land development applications that contemplate connection to County sewer, a letter from the Department of Public Works indicating that sewer is or will be available for the proposed development.
11.
All other information and items required by Section 40.31.112 of the County Code.
B.
Exploratory plan.
1.
Planning.
a.
A completed application form.
b.
The applicable filing fee in accordance with Appendix 2.
c.
Four (4) folded paper prints at submission. Twenty (20) folded paper prints three (3) weeks prior to: 1) County Council rezoning ordinance introduction; 2) Planning Board public hearing; 3) County Council rezoning hearing.
d.
One (1) copy of any deed restriction to which New Castle County is a party.
e.
A wetlands report.
f.
One (1) print of the most recently recorded subdivision or land development plan for the subject property.
g.
Site capacity and concurrency calculations.
h.
A septic system soils feasibility report approved by DNREC. The suitable soils area must be delineated on the plan for verification that the proposed location of the disposal field does not encroach upon any limiting feature (i.e. riparian buffer, wetland, floodplain, lot line, etc.).
i.
Sewer feasibility plan for plans that contemplate connection to the County sewer.
j.
All current County taxes, school taxes and sewer service fees must be paid or not delinquent at the time of application.
k.
Photographic proof of posting and signed affidavit in accordance with Section 40.31.320 of the County Code.
l.
All other information and items required by Section 40.31.113 of the County Code.
m.
Digital CAD file for the plan in a format acceptable to the Department.
n.
If not previously completed as part of a Pre-Application Sketch Plan, a Site Analysis plan pursuant to Appendix 1(3)(K).
o.
A Conceptual Landscape Plan that generally delineates all planting areas and planting requirements in accordance with this Chapter.
p.
Conceptual architectural renderings of proposed site development shall be required for all rezonings and major land development plans.
2.
Engineering.
a.
One (1) copy of the exploratory plan.
b.
The applicable engineering filing fee in accordance with Appendix 2.
c.
One (1) copy of the engineering exploratory requirements in accordance with the Engineering Submission Requirements in Appendix 1(2)(B).
d.
One (1) copy of the Department's approved Engineering Checklist—Exploratory Sketch Plan, signed and sealed by the responsible design professional in charge.
3.
For land development applications that contemplate connection to County sewer, a letter from the Department of Public Works indicating that sewer capacity is or will be available for the proposed development.
4.
The Land Development Improvement Agreement (LDIA) Information Sheet (may be submitted any time prior to recordation). The sanitary sewer agreement will not be executed until the sewer design plan is approved and the required sanitary sewer easements have been recorded.
5.
For sewer only plans, the sanitary sewer agreement will not be executed until the sewer design plan is approved and required sanitary sewer easements have been recorded.
C.
Site construction plans.
1.
Planning.
a.
Record check prints, to include proposed topography, dwelling units and any other proposed improvements (four (4) copies).
b.
Final Landscape/Open Space and Site Management Plan. (2 copies).
c.
One (1) copy of all special studies for which a decision or recommendation is required by the Board of Adjustment, Planning Board, Historic Review Board, or Resource Protection Advisory Committee; or which is subject to any other special studies (i.e. floodplain, environmental impact assessment, Cockeysville, etc.).
d.
For land development applications that contemplate connection to County sewer, a letter from the Department of Public Works indicating that sewer is or will be available for the proposed development.
e.
The applicable filing fee in accordance with Appendix 2.
2.
Engineering.
a.
One (1) copy a complete site construction plan submission in accordance with the engineering submission requirements of Chapter 12 of the County Code, including:
i.
Stormwater management plan.
ii.
Erosion and sediment control plan.
iii.
General grading plan/lines and grades plan.
iv.
Pre-bulk plan.
v.
Post bulk grading plan.
vi.
A sequence of construction.
b.
The applicable engineering filing fee in accordance with Appendix 2.
c.
One (1) copy of the stormwater and drainage analysis in accordance with Chapter 12 of the New Castle County Code.
d.
One (1) copy of all Department's approved engineering construction checklists, signed and sealed by the responsible design professional in charge.
e.
One (1) Notice of Intent to Discharge Stormwater During Construction Activity (NOI) form, approved by DNREC.
D.
Record plans (planning).
1.
A completed application form.
2.
The applicable filing fee and the applicable Recorder of Deed fee in accordance with Appendix 2.
3.
One (1) film reproducible and four (4) folded paper prints. At the applicant's option, submission of the film reproducible may be delayed until final record plan review comments have been received.
4.
Letter of approval from DelDOT regarding transportation matters.
5.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
6.
Reserved.
7.
Letter of approval from the State Fire Marshal.
8.
Water capacity certification—Form 40.05.310.
9.
Where applicable, any required maintenance agreement, cross access easement agreement, or deed restrictions, as properly submitted to and approved by the County Attorney.
10.
For sites containing tidal wetlands or requiring a sub-aqueous permit, an approval letter from the Delaware Department of Natural Resources and Environmental Control.
11.
For sites on which the disturbance of wetlands is proposed, copies of all required individual U.S. Army Corps of Engineers' permits, and/or written verification from the U.S. Army Corps of Engineers for the utilization of any Nationwide Permit(s).
12.
An affidavit from the developer that the land development plan under consideration is in compliance with Article 27 and other applicable UDC provisions pertaining to maintenance organizations, open space and common facilities.
13.
Approval of sewer design plans and required sanitary sewer easements by the Department of Public Works.
14.
Digital CAD file for the plan in a format acceptable to the Department.
15.
For Resubdivision Plans that revise lot lines, an original deed reflecting the proposed configuration of the subject parcels. The deed will be transmitted to the Recorder of Deeds with the record plan.
16.
All other information and items required by Section 40.31.114 of the Unified Development Code.
2. Land development plan requirements. The purpose of this Section is to specify the format, data, notes, graphics and information required for subdivision and land development plans submitted in accordance with the Unified Development Code. The level of detail depicted and noted on plans shall be that which is necessary to convey compliance with design details and purpose of the proposed land use action.
Any of the notes and information listed below may be modified as necessary to apply to specific projects. Any notes which are not applicable to the particular plan need not appear on the plan. Additional notes may be required by any regulatory reviewing agency or as proposed by an applicant and approved by the Department of Land Use. Notes, data and/or graphic details should be added to plans whenever necessary to explain or clarify features of the project which are not otherwise self-explanatory.
A.
Plan requirements.
Land Development
EX - Exploratory plan
RE - Record plan
Other
S - Site plan
P - Parking plan
"X" - Required
_____
B.
Engineering requirements.
1.
Depiction of all natural resources, as listed in Table 40.10.010 of the UDC accompanied by the applicable UDC Table 10.210 use designation for each use proposed within the resource (i.e. Y, N, L, S, or I).
2.
Approximate location, size and description of any proposed stormwater management facilities with outfall location(s). Identification of all points of analysis. Provide an assessment of any downstream properties that may be impacted by the post-developed stormwater discharge, existing downstream constraints (to the nearest watercourse) that may limit the peak rate discharge from the proposed development and the erosion potential of the receiving watercourse
3.
Provide an exploratory stormwater and drainage narrative that addresses the following information:
a.
The potential for implementation of conservation design practices and Green Technology Best Management Practices for managing the quality, quantity and volume of post-developed stormwater runoff including field testing that will be required to demonstrate feasibility;
b.
Identify and submit one (1) copy of a designated watershed study and/or watercourse impairment standards from the EPA 303d list and/or the Pollution Control Strategy for the TMDL program from DNREC that governs the watershed in which the application is located;
c.
Provide a narrative in which all of the predominant soil types over the extent of the project site are identified from the NCC Soil Survey or other source. The identification of the soil types shall include such information as the estimated depth to the seasonal high water table and the anticipated soil infiltration rate for each soil type. These parameters may be estimated based upon available documentation and site inspection;
d.
The following questions shall be addressed within the engineering exploratory narrative:
i.
Delineation and identification of the watershed in which the application parcel(s) are located as defined by the confluence of a watercourse to which the project parcel(s) contributes runoff to the nearest blue-line stream on the USGS Quadrangle Map.
ii.
The location of the project parcel(s) within the watershed.
iii.
Identification of all watercourse(s) adjacent to and/or downstream of the application to establish the analysis point for downstream impacts according to the NCC Drainage Code (Del. Sediment and Stormwater Regulations 10.3.8).
iv.
Identification of any available hydrologic and hydraulic studies that encompass the subject watershed along with statement applicability to the subject application.
e.
Statement of whether floodplain study/floodplain delineation is required for the application;
f.
Statement of whether a request for a waiver or variance from the Delaware Sediment and Stormwater Regulations is contemplated;
g.
Identification of offsite drainage easements that may be required to convey run-off from the site to a point of outfall with adequate capacity for the post-developed stormwater runoff.
h.
Article 22 mandates that drainage conveyance and stormwater practices be considered as a fundamental site design parameter. A response to the following questions is required at the exploratory stage:
i.
Is field verified topography required to delineate the extent of any Article 10 resource (e.g. floodplain, steep slopes, etc.) prior to exploratory plan approval?
ii.
How will the hydrology on the project parcel(s) be affected by the developed land use condition when compared to existing conditions? Describe the impact and mitigation strategy incorporating the following objectives, as a minimum.
• What measures, in terms of project (open space and landscape surface area) configuration, stormwater practice selection and stormwater practice location will be implemented to maximize infiltration of stormwater runoff on the project parcels(s)?
• How does the project configuration (layout of impervious and pervious areas) permit opportunity to incorporate green space for the purpose of hydraulically disconnecting impervious land cover areas?
iii.
What measures, in terms of project (open space and landscape surface area) configuration, stormwater practice selection and stormwater practice location will be implemented to maximize filtration of stormwater runoff, according to the requirements of the Delaware Sediment and Stormwater Regulations, prior to discharging off of the project parcel(s)?
iv.
Where and to what degree are points of interest and project discharge points vulnerable to an increase in stormwater velocity and what steps may be implemented to address the potential increase in velocity?
v.
How does the project impact the watershed in which it is located? Describe the potential impact in terms of:
• Identification of the watershed in which the project parcel(s) are located based upon the nearest USGS "blue-line" stream. Locate a suitable watershed point(s) of analysis on the blue line stream and identify hydraulic analysis points (location of limited conveyance between the project discharge points and the watershed point(s) of analysis).
• Identify development conditions imposed by existing Designated Watershed Studies and/or watercourse impairment standards from the EPA 303d list and/or the TMDL program from DNREC upon the stormwater management strategy for the application.
vi.
What unusual or nonstandard maintenance implications are associated with the measures proposed to accomplish objectives one through four? Identify the entity which will assume maintenance responsibility (private ownership, maintenance corporation or third party agreement) for stormwater features on the subject application and describe the nature of maintenance associated with stormwater features on the project.
4.
One (1) copy of the appropriate USGS Quadrangle Map along with a narrative describing the means by which each objective is intended to be addressed:
a.
Delineation and identification of the watershed in which the application parcel(s) are located as defined by the confluence of a watercourse to which the project parcel(s) contributes runoff to the nearest blue-line stream on the USGS Quadrangle Map.
b.
The location of the project parcel(s) within the watershed.
c.
Identification of all watercourse(s) adjacent to and/or downstream of the application to establish the analysis point for downstream impacts according to the NCC Drainage Code (Del. Sediment and Stormwater Regulations 10.3.8)
d.
Identification of any available hydrologic and hydraulic studies that encompass the subject watershed along with statement applicability to the subject application.
5.
Provide one (1) copy of the exploratory drainage plan (plan size shall be twenty-four (24) inches by thirty-six (36) inches) along with a narrative describing the means by which the applicant intends to address the applicable objectives:
a.
Identification of all UDC Article 10 Natural Resources that are on the project site. The identification of the natural resources including such information as a description of the physical condition of all of the natural resources currently existing.
b.
Topography on an appropriate datum. Field verified topography shall be required to be included at the time of the exploratory plan submission under the following condition:
i.
When required to delineate the extent of any Article 10 resources (e.g. floodplain, steep slopes, etc.) prior to exploratory plan approval.
ii.
If the previous condition in item 5.b.1 is not met, available information on the parcel's existing topography shall be required at the time of the exploratory plan submission from the following sources in the following order Topographic information (date and source of information) as may be needed to adequately delineate existing general site and environmental conditions of the subject parcel(s):
(a)
Existing topography established under a previous application,
(b)
Any other existing topography,
(c)
USGS Quadrangle Map.
c.
Soil association (type and hydrologic class delineation).
d.
Natural drainage patterns (predevelopment conditions), boundaries and site discharge points based on characteristics such as soils, topography, vegetation and other local watershed issues:
i.
Identify the current means of conveyance (characteristics of flow) to each discharge point.
ii.
Description of the physical condition of the conveyance system on and down grade of the application parcel(s) as well as the site discharge point(s).
iii.
Identification of the existing NRCS land cover and condition for the project site.
iv.
Determination of the extent of area contributing offsite runoff to the subject parcel(s) and compute peak flow rate. Also list the appropriate sizing criteria for all proposed conveyance systems.
v.
Identification of points of interest within the site, with respect to the location of all natural resources (as defined by Section 40.10.010 of this Chapter.
vi.
Identification and delineation of areas suitable for conservation for stormwater management by passive infiltration and filtration.
6.
Computation of the existing runoff peak rates and runoff volume contribution for the design storm events to each site discharge point including onsite and offsite contributing drainage areas. (This information shall be based upon the best available topographic information as required by item #5).
7.
Provide an estimation of the proposed sewer flows (include both average and peak daily flows with rationale for the estimates) in addition to a plan view of the entire proposed sewer system to tie-in to the existing system including all proposed manholes, pump stations and force mains. Show all existing and proposed sewer easements, the location of any proposed commercial food establishments and 1,000-gallon grease traps. Note: All sanitary sewer easements to be dedicated to New Castle County shall be a minimum of forty (40) feet wide in unpaved areas and twenty (20) feet wide in paved areas. There shall be at least one hundred fifty (150) parcels to be connected to any proposed pump station.
8.
If septic proposed, provide a soil feasibility/site evaluation (show boring locations, proposed and existing wells, primary dual and single fields and replacement system location, and any nearby existing systems) in accordance with the provisions of the Unified Development Code. Show approved test locations on exploratory plan. Depict area suitable for septic disposal field(s) on record plan.
9.
Submit pervious area calculations to verify sufficient pervious area exists on the parcel to support the proposed septic system (per Section 22.360(C) of the UDC).
10.
One (1) copy of all necessary computations signed, sealed and dated by a Delaware P.E./P.L.S.
11.
Identification of any watercourse, as identified on a USGS map or Soil Survey map that conveys base flow and runoff through the site.
3. Other reports and applications.
A.
Floodplain permit application. Each floodplain permit application shall be prepared by a registered professional engineer and submitted to the Department for review and processing according to the provisions of this Chapter and shall contain the following information:
1.
A completed SLD 1 form.
2.
The applicable filing fee in accordance with Appendix 2.
3.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
4.
Name and address of the property owner.
5.
Narrative, including at a minimum:
a.
Type of floodplain (FEMA classification or non-delineated).
b.
Description of the proposed work including section of Code that permits work and the extent to which the applicant's primary purpose can be achieved by the use of alternatives or without the use of lands in the floodplain, or the extent to which the applicant can employ mitigation measures to offset adverse impacts, or to which the public at large would benefit from the activity or project and the extent to which it would suffer detriment.
6.
A plan of the site showing the exact size and location of the proposed land disturbing activity and construction and the following information:
a.
Address and parcel number(s).
b.
Identification of topographic datum and referenced benchmark (must be compatible with the FEMA National Flood Insurance Rate Maps).
c.
Location map: Use the FEMA panel if the application is for activity in the FEMA floodplain, use the USGS Quadrangle map if the application is in reference to a nondelineated floodplain.
d.
Existing and proposed contours.
e.
Limits of the floodplain (flood fringe and floodway, if available) and source of those limits, based upon FEMA panel, hydrologic and hydraulic study, etc. If modifications to the floodplain are proposed, both the existing (effective) and proposed delineations shall be depicted.
f.
Depiction and identification of all existing and proposed structures on the subject parcel including the proposed lowest floor and basement elevations based upon the referenced datum.
g.
Soil types.
h.
Sufficient detail to verify that:
1.
Erosive impact of the floodwater on the proposed land disturbance and construction will be minimal.
2.
All utility services are located and designed to minimize flood damage as required by Chapter 6 of the New Castle County Code.
3.
There is adequate drainage design according to the requirements of Chapter 12 New Castle County Code (Drainage).
i.
Information concerning 100-year flood elevations and other applicable information such as:
1.
Size of structures.
2.
Location and elevation of streets.
3.
Water supply and sanitary sewer facilities.
7.
Where structures are proposed or impacted, a hydrologic and hydraulic study performed by a registered professional engineer according to recognized engineering standards to evaluate the impact on the floodwater elevations, velocities and limits of inundation. The study shall include the appropriate FEMA Conditional Letter of Map Revision or Map Amendment forms.
8.
A certification from a registered professional engineer, which states that any proposed land disturbance activity and structures have been adequately designed to withstand the one hundred (100) year flood pressures, velocities, impact and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one hundred (100) year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure.
B.
Parking plan. The following items must be submitted.
1.
A completed application form.
2.
The applicable filing fee in accordance with Appendix 2.
3.
Twelve (12) folded paper prints.
4.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
5.
Landscape plan, when required.
6.
Approval letters from DelDOT, State Fire Marshal, DNREC and Engineering Section, Licensing Division as determined by the Department.
7.
One (1) film reproducible following final approval of plan.
C.
Site plan. The following items must be submitted.
1.
A completed application form.
2.
The applicable filing fee in accordance with Appendix 2.
3.
Twelve (12) folded paper prints.
4.
One (1) copy of any deed restrictions to which New Castle County is a party.
5.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
6.
Landscape plan, when required.
D.
Wetland report. The report prepared by a wetlands delineator analyzes a site for the existence of wetlands, and if wetlands are found to exist, describes their boundaries and shall contain the following:
1.
A scaled plan of the site accurately depicting the wetlands boundary. The wetlands boundary lines shall be identified with a metes and bounds description prepared by and bearing the seal of a professional land surveyor registered in the State of Delaware or a professional engineer with a background in civil engineering registered in the State of Delaware. Where many survey traverses are necessary to accurately describe the wetland boundary, the surveyor or engineer may prepare a metes and bounds description for the smallest polygon that contains all the wetlands identified on the site. In such instances, the limit of the polygon shall be considered the wetland boundaries for plan review purposes.
2.
A narrative description of the extent to which the subdivider proposes to disturb any wetlands depicted on the plan.
E.
Critical natural area report. A report analyzing the impact of a development or subdivision proposal on a CNA located on the site which shall include the following elements:
1.
A statement that the entire lot or parcel is included in the critical natural areas investigation or, with the approval of the Department of Land Use, a description of a smaller area which is subject to the critical natural areas investigation;
2.
A scaled plan of the site accurately depicting critical natural area boundaries. The CNA boundary lines shall be identified with a metes and bounds description prepared by and bearing the seal of a professional land surveyor registered in the State of Delaware or a professional engineer with a background in civil engineering registered in the State of Delaware. Where many survey traverses are necessary to accurately describe the CNA boundary, the developer may have the surveyor or engineer identify and prepare a metes and bounds description for the smallest polygon that contains all the critical natural areas identified on the site. In such instances, however, the limits of the polygon will be considered the CNA boundaries for plan review purposes;
3.
A narrative description of the extent to which the subdivider or developer proposes land disturbing activities within any critical natural areas which are shown on the scaled plan; and
4.
Any measures that will be taken to minimize or mitigate the disturbance of critical natural areas.
F.
Conceptual and final landscape plans. The landscape plans must be prepared, signed and sealed by a landscape architect registered in the State of Delaware. Landscaping and screening should consist of a variety of deciduous and evergreen trees and shrubs. The utilization of plant species native to northern Delaware is encouraged. Designs that incorporate a single plant type or repetitious layout should be avoided. The landscape plan must include the following:
1.
For both conceptual and final landscape plans, the project application number, tax parcel number(s), the owner/developer's signature, the landscape architect's signature and seal, and all relevant base site data from the exploratory or record plan.
2.
For each type of bufferyard, its opacity value, length, width, plant unit value per one hundred (100) lineal feet (Table 40.23.140), total number of plant units and plant unit alternative (Table 40.23.110).
a.
If the computerized bufferyard model is used, the landscape architect shall place the results of the model run for each bufferyard proposed on the landscape plan.
b.
Bufferyards that include proposed structures (e.g., walls, fences or berms) shall include construction detailing on the final landscape plan.
3.
Plant units per parking space and total parking lot plant units.
4.
For on-lot landscaping (Table 40.04.111), the acreage, plant units per acre and the total plant units. The acreage figure is the net remaining after required buffers, parking lot landscaping, paving and building footprint are subtracted.
5.
Street trees at the spacing required (Table 40.04.111).
6.
In certain protected resource areas, even though undisturbed, reforestation of native species and control or eradication of invasive plants may be required by Article 10 and Article 23.
7.
A table or plant list specifying proposed plant species common and scientific names, minimum sizes, quantities and any other special instructions. It is recommended that a list of alterative plant species be included.
8.
Inventory of any existing vegetation to remain and to be incorporated into the landscape plan.
9.
Lighting specifications (Table 40.04.111 C). Include light fixture name and model, height, whether it has a cutoff and foot candles at the property line at each light fixture location.
10.
Plant units must be located within the specific bufferyard segment. Plants may not be placed elsewhere on site or in different bufferyards. Landscaping is intended to be effective in the location where the specific standard or opacity value applies. Plant locations may vary within a given bufferyard to reflect site design, topography, buffer width and access considerations.
11.
One (1) twenty-four (24) by thirty-six (36) inch film reproducible and two (2) folded prints of the approved landscape plan must accompany the record plan submission.
12.
Integration of the proposed site development with both existing natural resources and the surrounding area context.
13.
Delineate all proposed planting areas, planting requirements and site features in accordance with this Chapter.
G.
Deed restriction change application (maintenance declaration).
1.
Any party may seek to change a declaration of restrictions by directing a request to change such restrictions in writing to the Department of Land Use as set forth in New Castle County Code Section 40.31.130 or its successor.
2.
A draft resolution for County Council's consideration which is to also be provided in electronic form.
3.
The applicable Departmental filing fee in accordance with Appendix 2.
4.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
5.
The applicable Recorder of Deeds filing fee in the event the application is granted (the check will be returned if the application is rejected).
6.
All other information and items as required by Section 40.31.130 of the Unified Development Code.
H.
Subdivision appeal/variance application.
1.
An applicant for a subdivision appeal or subdivision variance shall submit such request in writing to the Department of Land Use. The request shall clearly state the nature of the appeal or variance and shall identify the section(s) of the Code to which the appeal or variance is directed.
2.
The applicable filing fee in accordance with Appendix 2.
3.
Twelve (12) paper prints of the land development plan that is the subject of the variance or appeal.
4.
A copy of the Department of Land Use letter or response that contains the issue(s) or regulation(s) that is being appealed or for which a variance is being requested.
I.
Extractive use application. Applications for extractive use operations not legally in existence prior to December 13, 1983 shall be submitted to the Department and shall submit five (5) twenty-four (24) by thirty-six (36) inch paper prints of the plan and the following:
1.
An excavation plan prepared in accordance with all applicable requirements pertaining to subdivision and land development plans in Appendix 1 and requiring at a minimum the following:
a.
Topographic contours of the existing site at two (2) foot contour intervals or less, using spot elevations taken from a two hundred (200) foot grid, as a minimum, or using aerial survey. Such topography shall include land extending at least two hundred (200) feet from the site's boundaries.
b.
Perennial or intermittent watercourses with depth, width and direction of flow and ponds, with depth.
c.
Complete adjacent land use information including all intersections with other lot lines, the names and addresses of the record owners of all abutting properties, a description of all land uses, identification of water sources for adjacent properties, including the location, type and depth of wells in use, and water level elevations within such wells where that information is obtainable.
d.
Areas on the property subject to flood hazards.
e.
Proposed excavation areas shown by phases, sequence, thicknesses of overburden, estimated seasonal high and low water table elevations, and anticipated depth of final excavation shown by proposed two (2) foot contour intervals.
f.
Areas to be used for the storage of top soil and other overburden material, including volume calculations and method of stabilization.
g.
Storage and loading areas to any related equipment, including but not limited to scales, scale houses, grading or crushing machinery, storehouses, lighting, fueling, and repair facilities.
h.
Locations of test borings and/or monitoring wells, to be determined by a registered geologist or a professional engineer qualified in hydrogeology.
i.
Locations, size and condition of existing and proposed on-site cartways and their points of connection with public roads.
2.
An operating report, incorporating the input of professional consultants, such as registered geologists and professional engineers qualified in hydrogeology, and requiring, at a minimum, the following:
a.
List of the types, numbers, and sizes of major equipment to be used on site at any time.
b.
Estimates of the average and maximum number of trucks to enter and leave the site per day and an estimate of the gross vehicle weight of each. Off-site traffic patterns shall be described and, when required, highway impact analyses shall be submitted.
c.
Hours and days of operation.
d.
Anticipated time requirements for phasing limits for each phase of the operation.
e.
Outline of methods to be employed, including description, timing, and maintenance, to minimize to every extent possible any contamination of groundwater, surface water, or other harmful effects to the environment.
f.
Results of test borings and/or monitoring wells, certified by a registered geologist or a professional engineer qualified in hydrogeology, indicating the dates of borings and the monitoring well tests, thickness of overburden material borrow materials, and elevations of seasonal high and low water tables. Water table data shall include sufficient information to estimate variations throughout the year due to natural fluctuations or recurring consumption demands.
g.
Excavation and storage methods which will be used to retain top soil and other overburden to be used in site restoration.
h.
Construction details of on-site and/or off-site wells to be monitored for both water level and quality before, during and after the operation. The objective is to maintain the water quality and quantity which existed prior to extractive operations.
i.
Identification and discussion of local aquifers.
j.
Compatibility of operation to existing and proposed surrounding land uses.
3.
A restoration plan at the same scale as the preliminary major plan, prepared by a registered professional civil engineer or registered landscape architect, and requiring, at a minimum, the following:
a.
Final contours of the site after restoration at two (2) feet or less contour intervals.
b.
Complete extent of areas which will be backfilled and depth of backfill shown with spot elevations.
c.
Areas and depth of areas to be restored with top soil and other overburden.
d.
Areas which will contain water either standing or runoff, and measures which will be taken to avoid stagnation or erosion.
e.
Phasing diagram for restoration.
f.
Complete landscape plan indicating location and type of proposed and existing landscape features to include a complete plant list and phasing.
g.
Location of driveways, roads, fences, gates to be part of the restoration plan.
h.
Description of the proposed final use of the site, with discussion of how the proposed use relates to the County Comprehensive Development Plan and zoning districts within the vicinity of the property.
i.
Estimated timetable clearly expressing the maximum time required for various phases of the restoration plan.
j.
Description of the disposition of operating facilities, machinery, etc., which shall be removed upon completion of the excavation activity.
4.
Drainage, erosion and sedimentation plans complying with the County Drainage Code, showing the measures to be provided during the extractive, restoration and final use phases.
5.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
J.
Level of service (LOS) waiver application. The applicant shall submit all level of service waiver request materials to the Department and others. Such materials shall include:
1.
The application consisting of a copy of the Traffic Mitigation Agreement and DelDOT's recommendation and comment. The applicant shall also forward a copy of this application to the Clerk of County Council, the district Council member, and the President of County Council.
2.
A draft resolution for County Council's consideration that is to also be provided in electronic form.
3.
The applicable Departmental filing fee in accordance with Appendix 2.
4.
The applicable Recorder of Deeds filing fee in the event the application is granted (the check will be returned if the application is rejected).
5.
All current school taxes, County taxes and sewer service fees must be paid or not delinquent at the time of application.
6.
All other information and items as required by Section 40.11.230 of the Unified Development Code.
K.
Site analysis plan. For all minor or major land development applications, the applicant shall be required to submit a site analysis plan as the first phase of the pre-application sketch or exploratory plan review process. The Department may also require a site analysis plan for any other application type. The site analysis plan shall serve as a basis for the planning process and shall be used to determine the best areas of the site for open space and natural resource preservation, land conservation and development. The site analysis plan allows both the applicant and the Department the opportunity to utilize the natural site conditions to determine how the development of each parcel or tract can be designed to minimize environmental degradation while achieving highest possible community character design standards. The site analysis plan must include:
1.
Existing topography and site features and structures;
2.
Pre-development drainage patterns and local watershed information;
3.
All fully and partially protected resources pursuant to Article 10 of this Chapter located on and within one thousand (1,000) linear feet of the tract;
4.
Soils information as shown in/on the New Castle County Soil Survey;
5.
All public and private open space, conservation areas and agricultural districts within one thousand (1,000) linear feet of the tract;
6.
All existing and proposed transportation access points (including multi-modal options), facilities, easements and rights-of-way on or within 500 linear feet of the parcel or tract;
7.
Any scenic viewsheds into and out of the site, ridgelines and historic resources;
8.
Graphic scale, not to exceed one (1) inch equals two hundred (200) feet on parcels or tracts 50 acres or larger or one (1) inch equals one hundred (100) feet on parcels or tracts less than 50 acres and a north arrow.
L.
Natural resources management plans.
1.
Resource analysis plan. The following must be submitted:
a.
The site analysis plan as a base map with the following additions:
i.
Wetlands delineation. A wetlands report/jurisdictional determination.
ii.
Forest survey. In accordance with Article 10 of this Chapter, a description of the condition and location of the forest stands on-site, as well as contiguous forested areas and corridors located off-site.
iii.
Tree survey. The identification of all individual or groups of trees not located within forest areas to include species type, DBH, specimen tree status, condition, the location of both the center of the tree trunk and the CRZ delineation.
iv.
Floodplain or floodway areas.
v.
WRPA, which includes Cockeysville Formation/Drainage areas.
vi.
Steep slope areas.
vii.
Water bodies, streams or drainageways with top of bank.
viii.
Riparian buffer areas; Zone 1 and Zone 2.
ix.
All other resources as defined in Article 10 of this Chapter.
2.
Open space or site management plan. The following must be submitted:
a.
A narrative description of the goals and objectives based on the findings of the resource analysis plan.
b.
Limit of disturbance and natural resource protection measures.
c.
Non-native, invasive plant species identified on-site, with a control or eradication plan describing specific practices and areas to be treated.
d.
Planting details describing where and how any reforestation, meadow creation or other plantings will occur and are to be maintained, including proper methodologies and long-term schedules for:
i.
Irrigation or watering;
ii.
Mulching (e.g., mulch shall not be piled onto trunks of trees);
iii.
Pruning, shearing or thinning;
iv.
Soil amendments or fertilization—both initial and long-term;
v.
Grass or herbaceous plant mowing, cutting, control or removal;
vi.
Soil aeriation.
e.
Wetland features to be protected, created or enhanced.
f.
A project timeline to include a proposed long-term maintenance program.
g.
A project cost estimate that includes itemized entries and provisions for long-term maintenance needed to implement the plan in perpetuity.
h.
Native, naturally occurring non-invasive weeds are permissible within the natural resource areas.
M.
Record plan modification. The following items must be submitted:
1.
A completed application form.
2.
The applicable filing fee in accordance with Appendix 2.
3.
Two (2) folded paper prints.
4.
All current school taxes, county taxes and sewer service fees must be paid or not delinquent at the time of application.
5.
Approval letters from DelDOT, State Fire Marshal, DNREC and Engineering Section, Licensing Division, as determined by the Department.
6.
Two (2) film reproducibles following final approval of plan.
N.
Property line adjustment. The following items must be submitted:
1.
A completed application form.
2.
The applicable filing application fee in accordance with Appendix 2.
3.
One (1) copy of any deed restrictions to which New Castle County is a party.
4.
All current school taxes, county taxes and sewer service fees must be paid or not delinquent at the time of application.
5.
Property line adjustment survey. The property line adjustment survey must be drawn to scale and include the following information:
a.
Tax parcel numbers for all subject properties.
b.
Lot lines described with bearings and distances in accordance with professional Delaware State surveying standards.
c.
Identification, location, and distance of all improvements (stick-built or manufactured structures, pole-buildings, or any other structures) from property lines after adjustment.
d.
Delineation of all protected resources established by Article 10.
e.
Dimensions and size (square feet or acres) of all proposed tracts prior to and after the proposed property line adjustment.
f.
Legend.
g.
All abutting streets (noting whether public or private), including name.
h.
All existing easements, including widths and types, specifically noting the use, whom they serve and deed recording information.
i.
Location of any wells or septic systems.
j.
The survey shall be signed, sealed and dated by a Delaware P.E./P.L.S.
O.
Forest Habitat Value Assessment.
1.
Criteria.
a.
A forest habitat value assessment must be conducted when existing forested areas are disturbed within (50) feet of the edge of the drip line. Drip line delineation is determined during peak foliage.
b.
A forest habitat value assessment is not required when the existing forested areas within the project boundaries are less than 0.5 acres (21,780 square feet) in size.
c.
A forest habitat value assessment is not required when the existing forested area and the fifty (50) feet within the edge of the dripline remains 100% undisturbed.
2.
Initial Forest Investigation.
a.
When developing a site analysis or natural resource management plan, aerial imagery and GIS data (e.g., soil and wetland maps) should be used to initially analyze and delineate the forest types for study.
b.
Any variations in forest types observed must be identified and delineated on a base map.
c.
Interpreting aerial imagery over various years may help to delineate forest types and generally discern where forests have continuously existed. For example, if imagery over many years show that a site has been in continuous forest cover, then there is a high probability that existing on-site forest is mature.
d.
Forest types may also be identified and delineated in the field. The following shall be recorded on a base map, if observed:
i.
Breaks or changes from one forest type to another;
ii.
Changes to the dominant tree species in the canopy (e.g. maple to oak/hickory);
iii.
Differences in tree trunk diameters;
iv.
Changes in the density of trees;
v.
Areas with a high-percentage of native plant species;
vi.
Areas with a high-percentage of non-native plant species.
3.
Methodology.
a.
Number of Plots to Sample. Potential habitat value is measured by sampling plots that are 0.1 acres in size. The following number of plots are required based on the size of the forest type to be sampled. For every two acres of increase from three acres of forest, the number of plots required to sample increases by one. For example:
0.5 to 2.99 acres = 1 plot
3 to 4.99 acres = 2 plots
5 to 6.99 acres = 3 plots
7 to 8.99 acres = 4 plots
9 to 10.99 acres = 5 plots
11 to 12.99 acres = 6 plots
13 to 14.99 acres = 7 plots
15 to 16.99 acres = 8 plots
17 to 18.99 acres = 9 plots
19 to 20.99 acres = 10 plots
21 and greater…
b.
Sample Plot Location. To best represent the full range of habitat within a forest type, sample plots should be located away from field edges, canopy gaps, clear-cuts, roadsides and other human disturbed areas. It is important to place the plot in habitat that is floristically and structurally homogeneous and that represents the overall forest area that is being sampled.
c.
Sample Plot Delineation. When plot location(s) have been determined for sampling within a forest type, the perimeter of each plot is delineated as follows: the center point of each plot is positioned with a GPS unit and from the center point, the plot perimeter is established by creating a circle that has a radius of 37.2 feet (0.1 acres in size).
d.
Sample Plot Point Values. Once sampling of plots within a forest type is completed, data will then be summarized and analyzed. Habitat value is determined through a numerical value point system. Each habitat attribute to be measured is given points based on the data collected within the sample plot. If more than one plot is sampled within a forest type, then the total habitat value points from each plot within the forest type are averaged, giving an overall habitat value for that forest type. The forest type with the highest number of habitat value points is given the highest level of protection.
i.
Protection levels are separated into three tiers: Tier 1, Tier 2 and Tier 3. A range of habitat value points have been calculated that relate to each level of protection as follows:
Tier 1 > 51 habitat value points
Tier 2 = 26-51 habitat value points
Tier 3 = 1-25 habitat value points
ii.
A forest type with a Tier 3 protection level may have the lowest habitat value relative to the other forest types, but still provides value in ecosystem benefits. A project boundary might contain only Tier 1 forest.
4.
Protection Standards.
a.
A forest type identified as either Tier 1, 2, or 3, is subject to a protected Critical Root Zone (CRZ). The protection extends to the edge of the CRZ for each tree that occurs around the perimeter or edge of the forest type to be retained.
b.
Disturbance of Forest Interior areas identified within a project's boundary should be limited to the greatest extent possible.
c.
The fragmentation of contiguous forested areas and corridors (both on-site and on adjacent properties) should be avoided where feasible.
d.
If state rare or federally listed plant or animal species as determined by the Delaware Department of Natural Resources and Environmental Control (DNREC) are discovered within the project boundaries, then a representative from DNREC should be contacted to confirm its presence and offer recommendation(s).
5.
Scoring Sample Plots.
a.
High value forested habitat is an area that contains any of the following attributes. Included with each attribute is the required method for sampling and ranking.
i.
Large diameter trees. Large diameter trees are an indication of a mid-to-late successional, maturing or mature forest. A mature forest ecosystem provides key environmental values and services and can support a high degree of biodiversity.
Methods and scoring:
(a).
All trees within the plot that are 18 inches or greater in diameter (measured at 4.5 feet from the base of the tree), are to be measured and recorded. An individual 18-19 inch diameter tree receives 1 value point. For every 2-inch increase in diameter, an additional value point is added for each individual tree. For example: an 18-19 inch diameter tree qualifies as 1 point; 20-21 inch diameter tree qualifies as 2 points.
(b).
Round to the nearest inch for trunk diameter. For example, a 19.5-19.9 inch tree qualifies as a 20 inch tree and 2 value points.
(c).
If any tree 18 inches or greater in diameter qualifies as a "value tree" below, then that tree receives an additional point. For example, if an 18-19 inch diameter tree is a native oak species, a native hickory species or an American beech, then that tree receives 1 extra value point. For an individual tree with multiple trunks, where the trunks are 18 inches or greater in diameter, the tree is recorded as the larger of the trunks.
ii.
Floristic Quality Index: The Floristic Quality Index (FQI) is a quantitative measure to determine the ecological quality of a natural area or site by recording all the native and non-native species observed within the sample plot. The FQI has been shown to be a reliable means of assessing quality with minimal data collection and allows for the comparison of floristic quality among many sites. Coefficient of Conservatism ranks (C-values) are used to determine the FQI of a specific site or plant community. C-values range from 0 to 10 and represent an estimated probability that a plant is likely to occur in a habitat that is relatively unaltered from what is believed to be a pre-settlement condition.
C-values for each species are based on the observed behavior of a species within the State of Delaware as follows:
(a).
All non-native plant species are assigned a C-value of 0.
(b).
Plants with a wide range of ecological tolerances are assigned C-values of 1, 2, or 3.
(c).
Plants with an intermediate range of ecological tolerances are assigned C-values of 4, 5, 6 or 7.
(d).
Plant with a narrow range of ecological tolerances are assigned C-values of 8, 9 or 10. In addition, state rare or uncommon plant species are given C-values of 8 to 10.
C-values are applied to the entire known flora of Delaware (See Flora of Delaware Online Database Advanced Search - https://www.wrc.udel.edu/de-flora).
Methods and Scoring: All native and non-native plants within the plot are recorded and the C-values for each species applied. All C-values are added together and the sum is then divided by the number of species recorded, which provides the FQI for a given plot. The calculated FQI is the number of habitat value points assigned to the plot.
iii.
Presence of valued tree species: Most species of trees provide a variety of benefits to wildlife; however certain species are considered to be highly valued by wildlife. To ensure that the forest is a relatively stable ecosystem in the long term and that dead or dying valued trees are being replaced, it is critical that valued tree species be found in multiple layers of the forest, from the canopy as mature trees, to the herbaceous layer as seedlings.
Methods and Scoring: All valued tree species (see Appendix 3.3.A Trees) within the plot are recorded in the following forest layers: Herbaceous/Groundcover (0"-1.99'), Low Shrub (2'-5.99'), Tall Shrub (6'-11.99'), Sub-canopy (12' to the beginning of the tree crown), Canopy (the tree crown). If all five layers are represented in the plot with a valued tree species, then 5 value points are assigned. If four layers are represented, then 4 points are assigned, and so on. In addition, extra value points are assigned if more than one species of a valued tree genus is represented.
For example, if the value tree white oak (Quercus alba) occurs in the canopy, then 1 habitat value point is assigned for that layer. If value tree black gum (Nyssa sylvatica), mockernut hickory (Carya tomentosa), sweet birch (Betula lenta) and American beech (Fagus grandifolia) also occur in the canopy, then 4 additional value points are added for a total of 5 value points for that forest layer.
iv.
Forest interior: The forest interior is habitat deep within woodlands, away from the influence of forest edges and open habitats. Forest interior is of high ecological value. Many species of wildlife are dependent on forest interior habitat for their survival.
Methods and Scoring: Determining forest interior of a forest type is a GIS exercise. Identify the forest edge related to the sample plot that is being assessed (which may be off-site on an adjacent property) and measure 300 feet inward. If 0.2 acres or more of a forest type is within the forest interior, than it receives 5 value points.
v.
Mature Forest Potential: The biodiversity and environmental values of a forest ecosystem increases with age, meaning that a mature forest will be able to support a greater variety and number of plants and animals as time progresses.
Methods and Scoring: Determining mature forest potential of a sample plot is a GIS exercise. Historical aerial imagery from 1937, 1954, 1961, 1968, 1992, 1997, 2002, 2007, 2012, 2017 and 2019 is available on New Castle County ParcelView to identify potential areas of mature forest. If imagery from each year since 1937 to present day shows that a site has been in continuous forest cover, then there is a high probability that the site is mature. If 0.2 acres or more of a forest type is within a potential mature forest area, then it receives 5 value points.
6.
Summation and reporting standards.
A report on the forest habitat value assessment shall be submitted to the Department and shall include the following: results of the assessment (including scoring data) and maps depicting sample plot boundaries, location and coordinates, and the locations of Tier 1, Tier 2 and Tier 3 forests.
P.
Viewshed plan. A viewshed plan is required for applications subject to Section 40.04.240 and must bear the seal of a registered landscape architect licensed in the State of Delaware or be prepared by an individual certified by the American Institute of Certified Planners. The viewshed plan must clearly indicate how the identified scenic resources are to be preserved and explain any efforts used to minimize disturbance to, and enhance the characteristics of, the byway. Information must be submitted in the form of a written narrative with accompanying photographs, maps, and graphic representations in CAD format. The viewshed plan must include the following minimum information:
1.
Documentation
a.
A written narrative of any scenic resources, visual features, scenic viewsheds or vista points including those identified in the respective Corridor Management Plan (CMP) or other County study related to designated byways and included viewshed maps referenced in Appendix 8. Any observable additions to, or deletions from, the scenic landscape must be explained in the plan narrative.
b.
Photographic or video documentation of the subject property as viewed from the roadway. Documentation must be submitted for the entire length of frontage of the subject property and shall record multiple observable angles from each location. Photographs or video shall specifically identify the existence, where applicable, of the scenic viewsheds, vistas and contributing features. Photographs or videos shall be taken from the observed height of a vehicle window, approximately six (6) feet above ground level. Photographs shall be taken at no less than 20-foot intervals and video at a speed not to exceed the speed limit of the roadway in question.
2.
If the Department determines the application will affect a scenic resource, the applicant must submit graphic or enhanced photographic representation of proposed buildings or other improvements, if any, in the setting of the scenic resources identified in the narrative above. The documentation must describe the impact on other character-defining resources, such as trees and shrubs, historic resources, or other resources that currently contribute to the property's overall scenic quality.
_____
4.
Required Professional Licensure/Certification
The submittal matrix below identifies the licensed or certified professional who is permitted to submit each plan, study or report type.
SUBMITTAL MATRIX
Y - Yes
N - No
L - Limited (item provided for Department review shall be submitted by a qualified professional in accordance with Title 24 of the Delaware State Code)
1
See Appendix 1.3.F
2
See Appendix 1.3.A
3
See Article 33, "Wetland Delineation and Report" definition and Appendix 1.3.D
4
See Article 33, "Critical natural areas report" definition and Appendix 1.3.E
5
See Article 33, "Site analysis plan" definition and Appendix 1.3.K
6
See Article 33, "Natural resource management plan" definition and Appendix 1.3.L
7
See Section 40.10.135.A. and Article 33, "Forest habitat value assessment" definition
8
See Section 40.11.130.A
9
See Section 40.10.701 and Article 33, "Environmental Impact Assessment Report" definition
(Ord. No. 97-172, § 3(ch. 13, app. 1), 12-31-1997; Ord. No. 03-045, § 1(Exh. A), 7-8-2003; Ord. No. 04-058, 10-5-2004; Ord. No. 15-024, § 2, 10-27-2015; Ord. No. 18-031, § 80, 4-24-2018; Ord. No. 18-020, § 38, 7-10-2018; Ord. No. 21-009, § 13, 12-14-2021; Ord. No. 22-072, § 14, 10-11-2022)