Zoneomics Logo
search icon

Townsend City Zoning Code

24.20 Design

Standards

24.20.010 Streets And Rights-Of-Way

  1. Street Design Objectives.
    1. 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.
    2. 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 permits, 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. Where dead-end streets cannot be avoided, the right-of-way of such streets shall be extended to the property boundary to support future extension.
      4. All developments shall include a minimum of two access points to a collector or arterial street.
      5. When a vehicular connection is not provided, because of physical or environmental restraints, between residential developments, a pedestrian connection must be provided.
  2. Cul-De-Sac Streets.
    1. Cul-de-sac streets may be used only when, due to physical or environmental constraints, a thru street connection cannot be achieved.
    2. In any case, a cul-de-sac street may provide access for no more than five dwelling units.
    3. Cul-de-sacs shall not exceed two hundred and fifty (250) to five hundred (500) feet in length depending on the density and topography. Length by density is to be approved by the Town Engineer. Inside diameter of cul-de-sacs is to be no less than 100’ with grass or landscaping in center.
  3. 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 typeRight-of-way widthCartway width
      ArterialPursuant to DelDOT RequirementsMinimum 28 feet
      CollectorPursuant to DelDOT RequirementsMinimum 32 feet
      Local (Cul-de-sac)Pursuant to DelDOT RequirementsSee paragraph B,3
    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 one-half of the necessary additional right-of-way or cartway width, measured from the existing centerline of the street, to meet the ultimate right-of-way and cartway width requirements of paragraph C,1.
      1. Turnarounds, independent of the parking bay areas, must be provided at the end of the streets to permit maneuvering of service and emergency type vehicles. Circular turnarounds are preferred; alternate designs reflecting the number of dwelling units and length of street must have the Planning Commission’s approval.
      2. The number of dwelling units on any non-collector street shall not exceed 50.
      3. Any subdivision greater than 35 dwelling units must be designed in a manner to provide a collector street system. Collector streets will be designed in accordance with the following:
        1. A collector street serving a community of 35 or more dwelling units shall have a minimum right-of-way width of sixty (60) feet and a street width of 30 feet, gutter line to gutter line.
        2. A collector street serving a community of 300 dwelling units or more shall not have lots fronting on it.
  4. Street Alignment.
    1. Horizontal Alignment. To ensure adequate sight distance, the minimum centerline radii for horizontal curves shall be as follows:
      1. Local street: 150 feet.
      2. Collector street: 300 feet.
      3. Arterial street: 500 feet.
    2. Vertical Alignment. Vertical curves shall be utilized at changes of grade exceeding one percent and shall be designed to provide the following minimum sight distance:
      1. Local street: 100 feet.
      2. Collector street: 200 feet.
      3. Arterial street: 400 feet.
  5. Street Grades.
    1. The minimum centerline grade for all streets shall be one half of a percent (0.5%).
    2. The maximum centerline grade for local streets shall be ten percent. The maximum centerline grade for collector of arterial streets shall be six percent.
    3. Where the grade of any street at the approach to an intersection exceeds seven percent, 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.
  6. 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 degrees.
    2. Multiple intersections involving the junction of more than two streets are prohibited.
    3. Clear sight triangles of 75 feet measured along street centerlines 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. To the fullest extent possible, intersections shall be located not less than 800 feet apart, measured centerline to centerline. Streets entering opposite of another street shall be laid out directly opposite one another or with a minimum off-set of 150 feet between their centerline.
    5. 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.
  7. Driveways.
    1. Driveways may be constructed no closer than 50 feet from any intersection.
    2. The maximum width of any driveway shall be 30 feet.
    3. Sites with a frontage of 50 feet or less shall have no more than one driveway for every street on which the site obtains frontage. In no case shall a site have more than two driveway openings on any street.
  8. Sidewalks.
    1. All streets in the town shall be equipped with sidewalks on both sides of the street.
    2. Sidewalks shall be a minimum of five feet in width. Sidewalks in the town center, 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 engineer.
    3. Developers shall be required to install new sidewalks or repair damaged sidewalks along all roadways upon which their development obtains frontage.
    4. All street intersections, driveways or other interruptions of sidewalks s be complaint with the Americans with Disabilities Act (ADA).
  9. Street Construction. All streets, sidewalks, driveway aprons, depressed curbs, handicap ramps, curbs and gutters shall be constructed according to DelDOT standards and specifications.
  10. Street Names. The selection of subdivision and street names shall be coordinated with the post office and the New Castle 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 Planning Commission. All street names must be submitted pursuant to TMC 24.08.030 paragraph E in digital format.

(UDC 2002, §§ 500A–500K)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.020 Parking Requirements

  1. General Parking Provisions.
    1. Parking spaces shall be provided for all new development, including new construction and expansion of existing buildings, structures, or uses according to the requirements of this article. Parking areas shall be paved with a durable all-weather surface and provided on the same lot as the use for which they are intended to serve. Adequate vehicle access and maneuvering areas shall be provided for all parking areas. Areas reserved for parking space, drive aisles and access ways shall not be used for any other purpose. All parking spaces shall be clearly striped, except for parking spaces designated for single-family detached or semidetached dwellings.
    2. The collective provision of parking areas for two or more buildings or uses shall not be less than the total parking required for the individual buildings or uses calculated separately.
    3. All parking areas and driveways serving commercial and industrial uses shall be adequately illuminated during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided for nonresidential parking lot lighting to protect adjacent residential districts from glare of such lights and from automobile headlights.
    4. For the purpose of these regulations, an parking area shall be a minimum of nine feet wide and 18 feet long, exclusive of drive aisles. All parking spaces shall be connected to a public street or alley by an all-weather driveway with a durable surface. Vehicular drive aisles and access ways shall be sufficiently designed to afford vehicle access and maneuvering without requiring another automobile to be moved. Drive aisles shall be a minimum of 24 feet in width for two-way traffic and 18 feet for one-way traffic.
    5. Parking spaces shall be adequately drained to eliminate standing water and prevent stormwater run-off to adjoining properties, public streets and alleys (driveways in residential districts excluded). Parking shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and shall not be used for sales, repairs, dismantling or servicing of any vehicles, or storage of equipment or suppliers.
    6. All parking must be off-street or a parking lot be provided.
  2. Parking Areas In Residential Districts. All parking spaces, aisles, and turning areas shall be located entirely within the served property's lot lines and shall not encroach on any road, driveway, or other public right-of-way. No parked vehicle shall overhang any road, sidewalk, access driveway, or public right-of-way.
    1. The establishment of any parking areas having the capacity of four or more automobiles shall be subject to the following restrictions:
      1. Parking areas shall be used solely for the periodic parking of private passenger automobiles (noncommercial).
      2. Parking areas shall not extend into any required front yard areas, except, for driveways.
      3. Parking areas shall be attractively landscaped.
    2. No boat or recreation vehicle or utility trailer parking shall be allowed in front yards.
  3. Parking Areas In Commercial And Industrial Areas.
    1. Parking shall be effectively screened from any residential district pursuant to the requirements of paragraph E.
    2. Parking areas may be located in any yard, but shall not be closer than 15 feet to any street line or property line.
    3. Driveways used as means of ingress or egress for nonresidential parking areas shall be not less than 20 feet or more than 30 feet in width. No curb cut shall be located closer than 75 to the intersection of two public streets measured by extending the curblines to the point of intersection. Only one driveway shall be permitted for lots of less than 100 feet in width. One additional driveway shall be permitted for each additional 100 feet of lot width.
    4. All parking spaces, aisles, and turning areas shall be located entirely within the served property's lot lines and shall not encroach on any road, driveway, or other public right-of-way. No parked vehicle shall overhang any road, sidewalk, access driveway, or public right-of-way.
  4. Parking Requirements.
    1. Residential. 2 parking spaces off-street.
    2. Commercial (office).
      1. Bank/financial: four spaces for each 1,000 gross square feet.
      2. General: 4 1/2 spaces for each 1,000 gross square feet.
      3. Government: four spaces for each 1,000 gross square feet.
      4. Medical: 4 1/2 spaces for each 1,000 gross square feet.
    3. Commercial (retail/service).
      1. Auto, boat, truck and heavy machinery sales: five spaces minimum + one space for each 1,000 square feet of floor area and ground floor area devoted to sales, service and display.
      2. Bed and breakfast: one per guest room.
      3. Fitness/health club: one space for each 1,000 gross square feet.
      4. Funeral homes: eight spaces for each 1,000 gross square feet.
      5. Furniture and carpet stores: five + one per 1,000 gross square feet.
      6. General: four spaces for each 1,000 gross square feet.
      7. Hardware, paint and home improvements: four per 1000 gross square feet.
      8. Hotel/motels: one per room + spaces for restaurants, lounges, meeting rooms, banquet facilities, etc.
      9. Motor vehicle service: four spaces for every bay + one/employee.
      10. Personal service: four spaces per 1,000 gross square feet.
      11. Restaurants: nine space for each 1,000 gross square feet.
      12. Restaurants (fast-food/take-out) 15 spaces for each 1,000 gross square feet.
      13. Roadside stand: one space per 250 square feet. of sales and display area.
      14. Shopping center: 4 1/2 spaces for each 1,000 gross square feet.
      15. Veterinary/pet grooming: 3 1/2 spaces per 1,000 gross square feet.
      16. Building materials: two for each 1,000 gross square feet. (five space minimum).
    4. Industrial Uses.
      1. Warehousing/storage: five spaces + one-half spaces/1,000 gross square feet.
      2. Industrial/manufacturing: one space for each employee on largest shift of employment + one-half spaces/1,00 gross square feet.
    5. Institutional/governmental Uses.
      1. Clubs and associations: (with no food service) six spaces for each 1,000 gross square feet (with food service)/ten spaces for each 1,000 gross square feet.
      2. Day care, kindergarten, pre-school: 3 1/2 spaces for each 1,000 gross square feet.
      3. Fire station: four spaces for each bay + ten spaces for each 10,000 gross square feet of assembly areas.
      4. Government offices: four spaces for each 1,000 gross square feet.
      5. Library/museum: 3 1/2 spaces for each 1,000 gross square feet.
      6. Nursing home: 33 spaces for bedroom.
      7. Places of public assembly and churches: one space for each four seats or ten spaces for each 1,000 gross square feet whichever is greater.
      8. Police station: four spaces for each 1,000 gross square feet.
      9. Post office: five spaces for each 1,000 gross square feet.
      10. Schools, elementary and junior: two spaces for each classroom and spaces + one space for every five seats or 7 1/2 spaces for each 1,000 gross square feet whichever is greater, for assembly areas.
      11. High school and post-secondary institutions: ten spaces for each classroom + one space for every five seats or 7 1/2 spaces for each 1,000 gross square feet whichever is greater, for assembly areas.
      12. Group homes, institutional uses residential monasteries and convents: one space for each three-fourths bedroom.
    6. Recreation Uses.
      1. Bowling alleys: four spaces for each lane + two per pool table.
      2. Skating rinks: one space for each 100 square feet of floor area.
      3. Theaters: one space for every four seats or ten per 1,000 square feet gross square feet whichever is greater.
  5. Buffering And Landscaping Requirements For Parking Areas. All parking areas containing five or more spaces shall be buffered from street views and from adjoining residential areas by planted landscaped buffer and shall contain additional interior landscaping as specified below:
    1. A continuous hedge, consisting of evergreen plantings a maximum of three feet on center and 36 inches in height.
    2. Deciduous shade trees, not less than 3 1/2 inches in caliper, planted on the perimeter of parking areas at a maximum of 30 feet on center.
    3. Deciduous shade trees, not less than 3 1/2 inches in caliper distributed throughout.

(UDC 2002, §§ 501A–501E)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.030 Loading Requirements

  1. Required Number Of Loading Bays.
    1. For retail stores, shopping centers, supermarkets, restaurants, and storage warehouses, the number of off-street loading spaces shall be as follows:
      1. One bay for buildings with 3,500--8,000 gross square feet.
      2. Two bays for buildings with 8,001--20,000 gross square feet.
      3. One additional loading bay for each additional 20,000 gross square feet not exceeding a maximum of four loading bays.
    2. For office buildings, automobile dealerships, motels, and hotels, the number of loading bays shall be provided as follows:
      1. One bay for buildings with 8,000--20,000 gross square feet.
      2. One additional bay for each additional 50,000 gross square feet, not to exceed a maximum of three bays.
    3. For manufacturing and industrial uses, the applicant shall document the number of bays required.
    4. Dimensions as follows:
      1. Each outdoor loading bay area’s minimum dimensions shall be twelve (12) feet wide and sixty (60) feet long. At no time shall any part of a truck or van be allowed to extend into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded. If the outdoor loading area is covered, but not totally enclosed, the minimum height of the outdoor loading bay area shall be fourteen (14) feet.
      2. Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on lot and not within any public street right-of-way or other public lands.
  2. Screening. All off-street loading areas shall be completely and effectively screened from street views and residential areas by means of planted landscaped buffers and/or walls.

(UDC 2002, §§ 502A, 502B)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.040 Stormwater Management

  1. Plan.
    1. A development resulting in a net increase of impervious surface or disturbance greater than 5,000 sq. ft. 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.
    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.
      1. High density developments with post-development impervious surfaces of 50% or more must include half of the total impervious area(s) with pervious surfaces, such as permeable pavers.
    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 Engineer.
    4. Storm sewers.
      1. All storm sewer piping, inlets, catchbasins, culverts and manholes shall be designed and constructed pursuant to DelDOT standards and specifications.
      2. Storm sewers shall be constructed within public rights-of-way or within an appropriate easement.
    5. Digital copies of the stormwater plans must be submitted to the Town.

(UDC 2002, § 503A)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.050 Grading And Erosion Control

  1. Grading Plans. All proposals for development shall be accompanied by a grading plan, indicating existing contours at a minimum of 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.
  2. 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 ponds and standing water.
    2. In addition to the requirements of TMC 24.20.010 paragraph E, development proposals shall be designed to be consistent with the following design standards:
      1. Minimum grade for paved surfaces shall be one half of a percent (0.5%).
      2. Maximum grade for parking areas shall be five percent.
      3. Maximum grade for residential driveways shall be ten percent.
      4. Minimum slope of drainage swales shall be between one and two percent depending on the inclusion of an underdrain, and the design must be approved by the Town Engineer.
      5. Minimum slope of lawn areas shall be two percent.
      6. Maximum slope for lawn areas shall be 3:1.
    3. Site grading which exceeds a 3:1 slope shall be protected by temporary erosion control matting and planted with an appropriate ground cover.
    4. Site grading shall be designed in accordance with the regulations of the Americans with Disability Act Accessibility Design Guidelines (ADAAG).
  3. Retaining Walls.
    1. Grading plans shall indicate the top-of-wall and bottom-of-wall elevations for all retaining walls.
    2. Design calculations and construction details must be submitted for retaining walls over three feet in height.
  4. 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.

(UDC 2002, §§ 504A–504D)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.060 Utilities

  1. Sanitary Sewer. All proposed sanitary sewer systems shall be designed in accordance with the standards and specification of the county.
  2. Water. All proposed water systems shall be designed in accordance with the standards and specifications of the local water provider.

(UDC 2002, §§ 505A, 505B)

24.20.070 Landscaping

  1. Landscape Plan. When required pursuant to the requirements of TMC 24.12.060 paragraph B, TMC 24.12.070 paragraph B,4, TMC 24.20.020 paragraph E, TMC 24.20.030 paragraph B or paragraph B, a landscape plan, prepared by a landscape architect licensed in the state, must be submitted indicating the location, species (common and botanical names), size and condition of all proposed plantings.
  2. Street Shade Trees.
    1. All development proposals shall be required to plant street shade trees along all proposed streets in the town. The provisions shall apply for both residential and nonresidential development.
    2. When development occurs on an existing street, where currently no shade trees exist, the provisions of this paragraph shall also apply.
    3. Street shade trees shall be planted at a maximum spacing of 40 feet on center and shall be a minimum caliper of 3 1/2 inches.
    4. Street shade trees shall be planted in an appropriate manner as approved by the Town Engineer. When an adequate tree lawn is not provided, shade trees may be planted behind the sidewalk.
    5. The use of Delaware native species for street shade tree is required. Recommended species include the following:

      Acer rubrum
      Red maple
      Acer sacrum
      Sugar maple
      Celtis occidentalis
      Common hackberry
      Carpinus caroliniana
      American hornbeam
      Crataegus crusgalli "inermis"
      Thornless cockspur hawthorn
      Gleditsia triacanthos "inermis"
      Thornless honey locust
      Platanus acerifolia
      London plane tree
      Quercus rubra
      Northern red oak
      Quercus shumardii
      Shumard oak
      Tilia Americana
      Linden
      Betula lentaBirch

      Hickory
      Juniperus virginianaCedar
      Magnolia grandifloraMagnolia
  3. Buffer Yards. The use of native species for buffer yards and landscaping for all parking and loading areas is required.
  4. Scenic Corridors. Major subdivisions and land development plans shall be required to provide a scenic corridor along all arterial and collector roads, and along roads designated as scenic. Scenic corridors shall be comprised of open space and shall meet the following criteria:

    Scenic Corridor Standards
    Buffer WidthLandscape Requirements
    50'Existing forest to be preserved
    100' to 150'6 plant units per 100 linear feet of street frontage
    151' to 200'5 plant units per 100 linear feet of street frontage
    201' to 400'3 plant units per 100 linear feet of street frontage
    400' or greater1 plant unit per 100 linear feet of street frontage
    600' or greaterMinimum of 30 acres preserved for agricultural use
    (no landscaping required)

(UDC 2002, §§ 506A, 506B)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.080 Fences

  1. Regulations.
    1. An ornamental fence or wall not more than four feet in height may project into or enclose any front or side yard to a depth no to encroach the right of ways.
    2. Ornamental fences or walls may project into or enclose other required yards, provided such fences and walls do not exceed a height of six feet.
    3. Razor wire, barb wire or similar fence material is prohibited in the town.

(UDC 2002, § 507)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

24.20.090 Lighting

  1. Street Lighting.
    1. All new streets constructed as part of development proposal shall be equipped with streetlights.
    2. When development occurs on an existing street, where currently no street lighting exists, the provisions of this paragraph shall also apply.
    3. Street lighting shall be provided pursuant to DelDOT standards and specifications.
    4. All new streetlights shall only light the area that needs it. Fixtures that shield the light source to minimize glare and light trespass and use a low-color-temperature bulb but facilitates better vision at night shall be used when possible.
  2. Parking Area Lighting.
    1. All driveways, parking areas, pedestrian and vehicular circulation routes shall be adequately illuminated during the hours that a particular site is occupied or in operation.
    2. Average illumination levels in parking areas, driveways, pedestrian and vehicular circulation levels should not fall below one foot candle.
    3. All exterior lighting shall be oriented and shielded to protect adjacent residential areas.
    4. All new street lights shall only light the area that needs it. Fixtures that shield the light source to minimize glare and light trespass and use a low-color-temperature bulb, but facilitates better vision at night shall be used when possible

(UDC 2002, §§ 508A, 508B)

HISTORY
Amended by Ord. 15-05 on 5/20/2015
Amended by Ord. 2020-004 on 6/3/2020

24.20.100 Open Space

  1. Requirements.
    1. All major subdivisions shall contain open space designated as community area open space. In designating community area open space or landscaped surfaces as part of a subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant:
      1. All residential development proposals containing ten or more dwellings shall be required to dedicate to public use a minimum of ten percent of the gross tract area for the purpose of passive and active recreation.
      2. Active open space shall be separate parcels of land exclusive of streets, turn-arounds, residential lots, wetlands, wildlife habitats and migration corridors, and stormwater management.
      3. Except for recreation activities, open space shall be substantially free of structures and paved areas.
      4. A landscape plan/open space management plan specifying the landscaping/open space management requirements shall be required for all subdivisions involving the creation of community area open space. Narrow or fragmented small open spaces shall be avoided unless necessary for a practical function.
      5. A minimum of 50 percent of the required open space shall be suitable for active recreation purposes as herein defined. The open space dedication shall be designed either as a single consolidated parcel or as a system of open spaces and whenever possible shall be interconnected with open space parcels contained in adjoining development. Active open space lots shall be a minimum of one-acre contiguous lot exclusive of connective paths.
      6. Open spaces dedicated to the public under the provisions of this division shall be made open and accessible to all residents of the town.
      7. Pursuant to the desire of the town council and subject to the review and approval of the town solicitor, ownership and maintenance responsibility of the open space may be transferred in fee simple to the town or to a maintenance organization or homeowners' association.
      8. The design of recreation facilities contained in an open space area shall be subject to the review and approval of the Town Engineer.

(UDC 2002, § 509)

HISTORY
Amended by Ord. 2020-004 on 6/3/2020

2020-004

15-05