DOVER
AIR FORCE BASE JOINT LAND USE STUDY
"The Dover Air Force Base is a
valuable asset to Kent County. Steps
must be taken to protect the Base from encroaching or incompatible
development, thereby ensuring the continuation of the Base's mission and
presence in the area, while at the same time protecting community health,
safety, and welfare." One of the Kent County Levy Court's
Goals for the 1996 Comprehensive Plan Update, still valid in this 2002
Update.
Introduction
Dover
Air Force Base (DAFB) is located in the southeast corner of the City of
Dover, the State Capital and County Seat, in Kent County, Delaware.
Dover AFB is located partially within the corporate limits of the
City of Dover and unincorporated areas of Kent County, Delaware.
The base occupies approximately 3,300 acres with an additional 589
acres under grants or easements and another 11 acres that are managed
under lease agreements. Principal routes that define the base boundary
include South Little Creek Road, State Route (SR)-9, and US 113/SR-1. Dover AFB provides the nation with airlift, airdrop, Special
Operations capabilities and Port Mortuary facilities.
Much
of the privately held lands adjacent to the base perimeter are either
vacant or under cultivation, particularly to the south, east, and
northeast of the base. Growth
in the DAFB environs will be primarily as a result of the expansion of the
Dover urbanized area. Already
there is considerable development pressure along U.S. 113 (which passes
directly by the base) and Alternate U.S. 113, south of the base.
The recent opening of State (Relief) Route 1 will also have a
dramatic impact on the growth and development of the County.
Five
governments (Kent County, the City of Dover, and the Towns of Frederica,
Little Creek, and Magnolia) lie within the so-called 65 dB noise contour,
as defined in the County’s 1999 Air Installation Compatible Use Zone (AICUZ)
Amendment to the Kent County Code. Kent
County has jurisdiction over land use in the unincorporated areas of the
County and the municipalities have jurisdiction over land use within their
respective municipal boundaries. In
September 2000, Kent County adopted the Airport Environs Overlay Zoning, Kent
County Code §205-397.1, creating a specific overlay zone and
regulations to address sound attenuation from noise resulting from the
base and its operations. The
City of Dover also has zoning ordinances similar to Kent County’s
regarding the sound attenuation requirement.
History
During
July 1992, Kent County Levy Court Commissioners signed Resolution #1293
agreeing with the Joint Land Use Study (JLUS) concept. This JLUS program
was to utilize AICUZ data in a community-planning context to:
(1) Direct compatible
future growth and development, and;
(2) Reduce operational impacts on adjacent lands
From
1993-1997, a JLUS Policy Committee met to discuss implementation of a JLUS
with the Department of Defense (DoD) matching funds. Policy Committee
members were elected officials (or designated representatives) from
participating local governments; DAFB, Department of Agriculture; Delaware
Economic Development Office; and Kent County AeroPark Development
Authority. However, a formal
study was not conducted due to funding issues.
On June 19, 1998 Kent County informed DAFB that a JLUS would be
conducted “In-House”. This
study however, did not occur.
Kent
County was experiencing new housing growth in and around the AICUZ noise
contour areas and this increased housing activity could increase the
number of noise complaints against the DAFB activities.
In
the fall of 1995, the Kent County Levy Court adopted an amendment to the
Subdivision regulations requiring that for any new subdivision within the
AICUZ a note must be placed on the plat indicating the property is located
“in the vicinity of aircraft operations…which may result in high noise
disturbances or the potential for an aircraft accident”.
In July 1999, the Assistant Director of
Planning was assigned the task of completing the JLUS.
Rather than conducting a study that would annotate information
already known, the plan of action was developed to address the issue.
The following are the steps taken in this process:
1.
Acquire and study the “Air Installation
Compatible Use Zone (AICUZ) Study”, completed March 1999 by the Dover
Air Force Base.
2.
Research existing AICUZ ordinances.
3.
Adopt the AICUZ noise contour lines
delineated by DAFB as boundaries for proposed “Airport Environs Zoning
Overlay (AE)” zones.
4.
Create
supplementary regulations to the Kent County Code regulating the
proposed Airport Environs Zoning Overlay.
5.
Submitted AE overlay and regulations to
DAFB and effected municipalities for comment on 23 March 2000 and followed
up with phone calls on 18 May 2000. The
municipalities submitted no negative comments.
In the fall of
2000, the Kent County Levy Court adopted a new zoning ordinance that would
require sound attenuating materials to be used in new construction. Land use compatibility standards and standards for an
exterior to interior noise level reduction were given in the Ordinance
(Kent County Code section 205-397.1).
As a result of this ordinance, new buildings located within the
various noise contour lines of Dover Air Force Base will be sound
attenuated to help protect the occupants from the adverse effects of
excessive noise. This land
use ordinance will also help reduce future potential noise complaints from
DAFB flight activities.
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