Ocean View City Zoning Code
ARTICLE XI
Recreation; Open Space; Screening; Shade
§ 140-71 Recreation and open space required.
A.
Applicability. The provisions in this section shall apply to all residential subdivisions and development plans except those in the planned community districts.
B.
C.
Small developments.
(1)
A development plan resulting in the creation five or fewer residential lots shall not be required to dedicate land or make a cash payment in lieu of dedication.
D.
Land dedications.
(1)
Each dedication shall be usable open space that is of suitable size, dimension, topography, and general character. Land is considered usable open space if it meets the following criteria:
(a)
It is not encumbered with any substantial structure;
(b)
It is not devoted to use as a roadway, parking area, or sidewalk; and
(c)
It is left in one of the following states at the time of development:
[1]
If wooded, it is left in its natural, undisturbed state, except for the cutting of trails for walking, jogging, or biking;
[2]
If not wooded, it is landscaped for ball fields, picnic areas, or similar facilities, or is properly vetted and landscaped with the objective of creating a wooded area. Landscaping materials shall be native plantings, examples of which can be found in Native Plants for Delaware Landscapes published by the University of Delaware, College of Agriculture and Natural Resources;
[3]
It is capable of being used and enjoyed for purposes of active and passive recreation;
[4]
It is legally and practically accessible to the residents of the development out of which the required open space is taken; and
[5]
No more than 25% of the land lies within a floodplain or floodway.
(2)
The dedicated area shall be shown and marked on the record plat "Dedicated for Park and Recreation Purposes."
E.
Cash in lieu of land dedication.
(1)
When land to be dedicated is either insufficient to satisfy the requirements or not suitable for open space or recreation uses, a cash payment shall be made in lieu of land dedication.
(2)
Cash payment in lieu of land dedication shall be calculated as follows:
(a)
The total amount of cash in lieu of recreation and open space shall be equivalent to the appraised pre-improvement value of the land area required; and
(b)
The appraised pre-improvement value shall be based upon an appraisal of the subject property completed at the applicant's expense within six months prior to the date of request for consideration of cash in lieu of recreation area.
(c)
If the Town and the applicant do not agree on the land value estimate established by the appraisal, a new appraisal shall be performed by an independent third-party professional real estate appraiser at the applicant's expense. This appraisal shall be awarded on a competitive bid basis to the qualified, certified appraiser that submits the lowest bid. The Town shall manage the bid process.
(3)
The funds collected pursuant to this subsection shall be placed in a separate account earmarked for recreation and open space development.
§ 140-72 Maintenance of recreation and open space.
B.
Homeowners' associations. Before any lot in a development is sold, provision shall be made for the establishment of a homeowners' association or similar legal entity that meets at least the following criteria:
(1)
Clear legal authority to maintain and exercise control over common areas and recreational facilities;
(2)
Power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common areas and facilities; and
(3)
Provision for start-up funding.
C.
When a development plan includes the establishment of a homeowners' association, the applicant shall submit documents pertaining to the establishment and maintenance of the homeowners' association as well as its bylaws, fee schedule, and start-up funds.
§ 140-73 Screening.
B.
Screening requirements.
(1)
When required.
(a)
When a lot is occupied by a multifamily development or a manufactured home park.
(b)
For all nonresidential uses.
(c)
When an off-street parking area for 10 or more automobiles is located closer than 50 feet from a lot in a residential district or from any lot upon which there is a dwelling as a permitted use under this chapter, and where the parking area is not entirely screened visually from such lot by an intervening building or structure.
(d)
For any loading area consisting of one or more loading spaces, loading docks or vehicular lanes leading to loading spaces or loading docks.
(2)
Location: along the lot border separating the subject lot from an adjacent lot.
(3)
Screen materials.
(a)
The screen shall consist of a continuous visual barrier composed of green plants and trees arranged to form both a high- and a low-level screen.
[1]
High-level. The high-level portion of the screen shall consist of a compact evergreen hedge or foliage, at least four feet high when planted that achieves the same visual impact as a solid wall or fence.
[2]
Low-level. The low-level portion of the screen shall consist of evergreen shrubs planted at an initial height of not less than two feet and spaced at intervals of not more than five feet on center.
(b)
Width of screen: 15 feet.
(4)
The Planning and Zoning Commission may approve an alternative landscape, provided that it meets the intent and purposes for screening and landscaping.
C.
Dumpsters, mechanical equipment, propane and similar equipment. These shall be enclosed by a solid fence as determined by the Planning and Zoning Commission during development plan review.
§ 140-74 Landscaping.
A.
Residential developments.
(1)
Intent: provide landscaping, screening, and shade in residential developments.
(2)
When required: for all residential development plans.
(3)
Standards.
(a)
Design should be simple, and plant materials should be easy to maintain and shall consist of a combination of hardy canopy trees, low evergreen shrubs, and turf grass. Ornamental and evergreen tree plantings may be incorporated in the design but shall not be the predominant plant types on the site or on any individual lot.
(b)
Protection and retention of large trees.
[1]
Large tree defined: an existing tree having a diameter of 18 inches or more.
[2]
Intent. It is intended that large trees shall be retained to the greatest extent possible. It is not intended that dead trees, diseased trees, and trees not native to the area be retained.
[3]
No excavation or subsurface disturbance may be undertaken within the dripline of any large trees, and no impervious surface may be located within 12.5 feet, measured from the center of the trunk, of any large trees, unless compliance with this subsection would unreasonably burden the development. A "dripline" is a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
[4]
Replacement. Each tree that is not retained shall be replaced in accordance with the standards of this subsection.
(c)
Planting rate. Trees shall be planted at a rate of one tree per 3,000 square feet of land area developed.
(d)
Types of plantings.
[1]
Deciduous trees. Deciduous trees shall be of a high-canopy variety and shall be limbed to a minimum height of 12 feet above grade at maturity.
[2]
Evergreen trees. Evergreen tree plantings shall be at least four feet in height at the time of planting.
[3]
Shrubbery. Shrubbery shall be of a low, evergreen variety and shall be limited to use as foundation plantings and for screening purposes.
[4]
Ground cover. Ground cover shall be limited to turf and ornamental grasses and ornamental evergreen ground cover plantings. Alternative ground covers, such as wildflowers and meadow grasses, may also be considered.
(e)
Replacement guarantee. A one-year full-price replacement guarantee shall be provided by the applicant and noted on the record plan for all required new tree plantings.
(f)
Performance bond. The Town may require applicants to provide a performance bond or other guarantee for the cost of required landscaping.
(4)
The Planning and Zoning Commission may approve an alternative landscape, provided that it meets the intents and purposes for screening and landscaping.
B.
Parking areas.
(1)
Intent: reduce the visual impact of large, expansive parking areas.
(3)
Interior-parking-area landscaping.
(a)
Applicability: interior-parking-lot landscaping provisions apply to commercial developments.
(b)
Requirements.
[1]
One landscaped island shall be required once 10 single or 25 double spaces have been exceeded.
[2]
Collector drives shall be separated from parking drives by landscaped islands. Interior-parking-lot landscaping shall be in addition to required landscaped buffers.
[3]
Landscaping materials may consist of grass, ornamental landscaping, or shade trees and shall be designed and maintained for safe pedestrian access and movement as determined necessary by the Planning and Zoning Commission.
[4]
The Planning and Zoning Commission may approve an alternative landscape, provided that it meets the intents and purposes for screening and landscaping.
C.
Commercial developments.
(1)
Existing vegetated areas shall be retained to the maximum extent possible.
(2)
Screening of service yards and other places that tend to be unsightly, such as trash receptacles or mechanical equipment, shall be accomplished by the use of walls, fencing, planting, or combinations of these.
(3)
Screening shall be effective in winter and summer.
(4)
In areas where vegetation does not exist, additional landscaping shall be provided, utilizing earth mounds or plant material, or both.
(5)
Landscape plantings should be indigenous to local areas and should provide a soft visual buffer between the roadway and the commercial use.
§ 140-75 Shade.
A.
Trees along dedicated streets.
(1)
Municipal streets. On streets to be maintained by the Town, the developer shall plant or retain sufficient trees along the paved portion of the street.
(a)
One deciduous tree, whose trunk will be at least 12 inches in diameter when fully mature, shall be placed every 30 feet.
(b)
The trees to be planted shall be those that can generally be expected to thrive in the area.
(c)
The trees shall have a root system that will not damage adjacent sidewalks, underground infrastructure, or the streets themselves.
(d)
The trees shall be located so that they will not interfere with utilities or sight easements or obscure streetlights.
(2)
Other streets and roadways. Trees shall be planted or retained in accordance with the specifications of the government or entity that will own, or be responsible for, maintaining the street or roadway.