KEY COMPREHENSIVE PLAN GOALS, OBJECTIVES OR ELEMENTS

• Resource areas will be protected by establishing minimum open space ratios that will determine the percent of each resource that needs protection from adverse impacts associated with land disturbance. Those areas to be protected are as follows: floodplain, wetland, drainageway, disturbed land and old fields, critical natural areas, inland forest (mature and young), steep slopes (25%+, 15-25%, 10-15%), surface waters, surface water buffers, and aquifer recharge areas.
• Unforested open space within buffer area around lakes, ponds and streams shall, wherever feasible and desirable, be reforested and standards shall be established in the New Castle County Code to encourage such reforestation.
• Suburban, suburban-low and transition zones shall permit cluster and planned development that require substantial open space. Buffer areas and other open spaces shall have standards that require that a substantial portion be reforested.
• Commercial, office and industrial land uses shall have greatly enhanced landscaping requirements.
• Stormwater retention facilities shall be designed to provide maximum water quality benefits.
• Stormwater channels shall be revegetated in a natural manner with native species and designed to move water in infiltration channels where appropriate. The time of concentration shall be increased. Wherever feasible, natural stormwater drainage solutions shall be encouraged.
• Surface waters that contribute to a public water supply shall be protected from any building or construction disturbance to insure that public health and environmental standards can be maintained.
• Performance-oriented preservation and mitigation techniques that accomplish natural resource protection shall be encouraged. In lieu of reforestation, a developer will be allowed to submit alternative analysis and resource management plans that create and/or maintain environments at some alternative stage of natural succession.
• The County shall seek improved enforcement and administration of environmental laws and development codes.

FLOODPLAINS

Qualification:
All areas included in the 100-year floodplain as shown on the FIA/FEMA Flood Insurance Rate Map (FIRM) including the floodway, flood fringe and the general floodplain, as well as all alluvial soils, are protected by floodplain ordinances.

Regulations:
Development is limited in non-delineated floodplains and an engineering study is required for non-FEMA designated floodplains. Development is generally limited to non-structural uses such as agriculture, wildlife sanctuaries, etc. in the floodplain district.
Existing structures or other built features may be enlarged and expanded if they are approved by the New Castle County Board of Adjustment.

STEEP SLOPES

VEGETATIONAL BUFFERS

No ordinances provide dimensional requirements for vegetated buffers adjacent to surface waters. However, it is Department of Land Use policy to obtain vegetated buffers through deed restrictions during the Zoning, Subdivision or Land Development process. The Subdivision Regulations Section 20-58 (b)(7) require the use of cluster development options provided in the Zoning Code to reduce the intrusion of lot areas into sensitive natural features.

New Castle County is currently working on an amendment to the Zoning Code which would establish a "Riparian Buffer Area Overlay Zone. The following regulations governing riparian buffer area district (RBA) were proposed: Section 40-400-Establishment of District
(b) District Defined-Where a parcel of land adjacent to tidal wetlands, lakes, and ponds, intermittent and perennial streams with drainage areas greater than fifty (50) acres is proposed for development or redevelopment, an RBA shall be designated ...
(1) Base Width Criteria-
a. RBA shall extend landward from the waterbody/watercourse to include:
1. Adjacent environmentally-sensitive land including floodplain, wetlands, erosion-prone slopes, critical natural areas and steep slopes, or
2. One Hundred (100) feet, whichever is greater.
b. Furthermore, the RBA shall consist of two zones, designated Zone 1 and Zone 2, which are defined as follows:
1. Zone 1 shall extend landward from the top of bank/edge of water to include either twenty-five (25) feet or contiguous steep slopes over fifteen (15) percent, whichever is greater.
2. Zone 2 shall extend landward from the outer edge of Zone 1 to the distance determined using established criteria.

Section 40-405-Permitted and conditional uses.
(1) Zone 1
a. Permitted principal uses include: conservation areas and passive public and private parkland not requiring structures; nature preserves, wildlife sanctuaries and forest preserves; fishing areas; streambank restoration; non structural accessory uses customarily incidental to such permitted uses.
(2) Zone 2
a. Permitted principal uses include any principal uses permitted in Zone 1, when in accordance with the terms specified therein.

The regulations include design standards and specifications for enhancing the riparian buffer area. This includes the preparation of a riparian buffer management plan and agreements by developers.

WOODLANDS

STORMWATER MANAGEMENT

The county is involved in several watershed management planning programs.

NCC Code Article XX Section 23-133 - Uniform Standards & Requirements.

The following standards shall be applicable to any conditional uses permitted by Article XX Water Resource Protection Area Overlay Zone:

• Stormwater management facilities shall be designed and constructed to release the pre- development stormwater volume from a two-year frequency event over a twenty-four (24) period.
• The quantity and quality of groundwater recharge shall be maintained at pre-development levels.
• In order to establish the pre-development standards required by subparagraphs (1) and (2) above, a study shall be prepared under the supervision of a Delaware registered professional geological engineer trained and experienced in hydrogeology. The report of the study shall be submitted to the New Castle County Departments of Planning and Public Works, and the Water Resources Agency for New Castle County.
• All development shall be maintained at a minimum sixty (60) day horizontal time of travel from any public water supply well as established by the on-site hydrogeologic study required by subparagraph (3) above, or three hundred feet (300') from the public water supply well, whichever is less.
• To assure that the quality of groundwater recharge shall be maintained, a groundwater monitoring program shall be established as part of the report prepared pursuant to subparagraph (3) above. The program shall establish the number of wells to be installed, regarding the monitoring of the wells to be installed. All laboratory test results shall be submitted to New Castle County in order to assure the County that satisfactory water quality is maintained.

WETLANDS

All wetlands within the county have been mapped by DNREC, but the maps have no regulatory standing. No buffers are required around wetlands. However, it is Department of Land Use policy to obtain vegetated buffers through deed restrictions during the Zoning, Subdivision or Land Development process.

In addition, the applicant must prepare a wetlands delineation report and demonstrate that alternative designs were considered in order to mitigate adverse impacts upon wetlands. The Subdivision Regulations Section 20-58 (b)(7) require the use of cluster development options provided in the Zoning Code to reduce the intrusion of lot areas into sensitive natural features.

Drainage patterns that discharge into wetlands are permitted if approved by the Army Corps of Engineers. If stormwater runoff from impervious surfaces enters directly into a wetland, quality treatment must occur.

HISTORIC DISTRICTS/STRUCTURES

Historic districts are recognized by state and local designation.

The New Castle County Historic Zoning Ordinance (Article XVI of the Zoning Code) was created in 1975 to assure the protection of historically, architecturally, and archaeologically important sites for the benefit of present and future inhabitants of the county. Because of the unique and fragile qualities associated with historic properties, plans involving new construction or alteration of existing structures in a historic zone must be reviewed for compatibility with the existing design. The designs must be approved by the New Castle County Historic Review Board and County Council.

The historic review board reviews issues regarding historic zoning districts. Designation of a historic zone is initiated through a rezoning request in the Department of Land Use. The board shall make recommendations to the planning department, the planning board, and the county council concerning the designation of buildings, structures, sites, objects, and districts within the county for inclusion within the historic zoning districts.

Currently, there is only one historically zoned property in the White Clay valley: the W. Drake House at 801 Kirkwood Highway.

RECREATIONAL AND PARK USES

CLUSTERING OR PLANNED RESIDENTIAL DEVELOPMENT

SEPTIC REQUIREMENTS

SITE PLAN REVIEW

WATER RESOURCE PROTECTION AREA DISTRICT

Article XX of the New Castle County Code establishes the Water Resources Protection Area District. The Water Resources Protection Area District is an overlay zone and comprises four separate areas including: 1) the Cockeysville Formation Resource Protection Area; 2) the Wellhead Resource Protection Area; 3) the Surface Water Resource Protection Area; and 4) the Recharge Resource Protection Area.

The Cockeysville Formation Resource Protection Area is comprised of the Cockeysville formation which consists of the land areas located above the marble known as the Cockeysville formation and the drainage area which consists of all the land surface which drains to the Cockeysville formation.

The Wellhead Resource Protection Area consists of the surface and sub-surface area surrounding a water well or well field supplying a public water system through which contaminants are likely to move toward and reach such well or well field.

The Surface Water Resource Protection Area comprises the watershed which drains to any reservoir which exists or may be later approved; the floodplains upstream from water supply intakes and impoundments; and erosion-prone slopes contiguous to a water course or floodplain upstream from any approved water supply intake.

The Recharge Resource Protection Area consists of highly-permeable geologic deposits including areas located in the Coastal Plain where surficial geologic deposits have a hydraulic conductivity of fifty feet per day or greater.

In general, the ordinance limits development within the resource protection areas. Some of the more pertinent provisions include:

1. Limiting permitted uses in the floodplain to parks, open space, agriculture, etc. and only allowing permitted uses in the underlying zone as a conditional use subject to uniform standards in section 23-133;
2. Requiring five acre lots for single family residential detached dwellings in the reservoir watershed and erosion-prone areas; and allowing permitted uses in the underlying zone only as a conditional use subject to uniform standards in section 23-133;
3. Allowing residential development in the Cockeysville Formation only on 2 acre lots provided the lots are serviced by public water and sewer and provided that the development is maintained at a minimum of 60-day horizontal time of travel or 300' from any public water supply well; multi-family development as a conditional use subject to the same setbacks from public wells as single family; and
4. Limiting residential development in wellhead protection areas to two acre lots with public water and sewer; and provided development is set back and allowing permitted uses in the underlying zone only as a conditional use subject to uniform standards in section 23-133 and provided that impervious cover is limited to 50% for any use.

The ordinance also limits the storage, use, sale or maintenance of a hazardous substance listed in the Code of Federal Regulations 40 Section 116 in the water resource protection areas except the flood plain. The ordinance also establishes "uniform standards and criteria for permitting conditional uses, see Stormwater Management section above.

CRITICAL NATURAL AREAS ORDINANCE

Requirements exist in the Subdivision and Land Development Regulations for the protection of Critical Natural Areas. Critical Natural Areas are those sites listed in the State of Delaware Natural Areas Inventory, as administered by the Delaware Office of Nature Preserves, Division of Parks and Recreation.

Critical Areas must be mapped as part of the subdivision and land development plans submitted to the county. The review process for subdivision and land development plans takes into consideration alternative designs for protection of Critical Natural Areas if they exist on site.

INDUSTRIAL AND COMMERCIAL USES 

 PERMITTED USES

Table 2

RESIDENTIAL ZONING

PERMITTED USES