Executive Summary
This Comprehensive Plan
Update is the Kent County Long Range Plan regarding land use and
development. The following
chapters cover major topics that affect land use decision-making within
Kent County. Each chapter
contains information regarding base line information, trends that can be
used when rendering future land use decisions, and a list of land use
recommendations. These recommendations are the main focus for future
land use decision making as they contain techniques that may offer Kent
County a more “livable” quality of life regarding future
development. Each chapter
contains important internet hot-links to referenced material and
electronic maps contained on internet sites
(i.e.
http://www.smartmap.com/kent_co/)
that can be utilized to examine the recommendations and their potential
affect on a variety of land use media (i.e. zoning, environmental media,
infrastructure items, etc..).
Ultimately, the recommendations in each chapter should be
seriously considered as potential amendments to the Kent County Code or
projects as long as these recommendations are practicable and do not
contradict policies set forth by the Kent County Levy Court.
Kent County is under pressure from over
development that impacts the quality of life most residences of Kent
County have experienced living here over the past years. The challenge facing Kent County seems to be how to maintain
the “country” atmosphere, protect our vital environmental resources,
and allow growth in a planned and sensible method.
Delaware has initiated their Strategies for State Policies and
Spending, which are predicated on the fact that, while local
governments such as county and municipal, exercise control over land use
decisions in their own jurisdictions, state investment and policy
decisions can influence land use and the pattern and pace of growth.
Go to http://www.state.de.us/planning/shape/strategy/index.htm
to read more about these policies.
In addition to these State policies on spending, there are many
State initiatives such as Agricultural Preservation, Biodiversity, Road
Corridor Preservation and Access Management, and Clean Air Act
compliance that effect land use within Kent County.
Conversely, Kent County Levy Court must weigh these Federal and
State mandates against growth control measures that may affect
individual property owners investment into their property(s).
Legal issues such as “takings” (land owner being deprived of
all reasonable beneficial use of the property), and “down zoning”
(practice of amending zoning ordinances so that density or standards
previously allowed on property are changed to further restrict the use
of property), are considered by Levy Court before any land use decisions
are made. Refer to http://www.nahb.net/growth_issues/Default.htm
in order to get additional information on smart growth resources.
Kent County Levy Court will try to endeavor an equal balance
between property owners rights and community affected issues (i.e.
drinking water, quality of life, over development, etc..) when
considering land use ordinances. Kent
County Levy Court wants to ensure the quality of life remains high in
Kent County for all its current and future citizens.
It is the hope of Kent County Levy Court that with the use of
these interactive Internet tools, citizens will become more empowered
regarding land use decision-making and participate more in the county’s
land use decision-making process today and in the future.
Below are all recommendations listed by the topic
areas and which are listed in the Comprehensive Plan Update. During the next five years, Kent County will address these
recommendations.
ECONOMIC
DEVELOPMENT
Recommendations
 | Initiate
a current Kent County economic viability study to specifically
identify potential industries for Kent County.
|
 | Identify
appropriate land in the 2001 Comprehensive Plan Update map and
re-zone the parcels to commercial and/or industrial within one year
of approving this update.
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INTERGOVERNMENTAL COORDINATION
Recommendations
 |
Currently, only the counties are required to adopt and update
Comprehensive Land Use Plans. It
would be helpful to require all state agencies whose mission(s) has
(have) land use implications, as well as all municipalities, to
adopt and update long-range or comprehensive land use plans on a
schedule similar to the counties'.
|
 |
Explore the possibility of utilizing Internet technology (e.g.,
Geographic Information Systems) to coordinate land use activities
among state, county, and municipal governments.
|
 |
Continue to foster coordination with the State and local governments
as outlined in the Shaping Delaware's Future Act and the land Use
Protection Act. Use new
technology mechanisms such as Internet GIS and e-mail as a platform
to exchange land use information.
|
 |
Consider Infrastructure Impact to Municipal services (i.e. fire and
police) when reviewing subdivision development within the
intergovernmental zone.
|
 |
Better define the roles of both County and Municipal governments
regarding the Intergovernmental Coordination Zone. |
COMMUNITY
FACILITIES, SERVICES AND SCHOOLS
Recommendations
 | Enact
an adequate facilities (Police, Fire, Schools, etc..) ordinance to
ensure these services are in place before allowing new area
subdivisions to be built.
|
 | Use
Internet technologies to give the School Board Kent County land use
data (i.e. subdivision location and population estimates). This information can be utilized to ensure adequate
school capacity issues are reviewed before school populations become
over-crowded. |
AGRICULTURE
Recommendations
The following recommendations incorporate many of the suggestions
provided by the Delaware Cabinet Committee on State Planning Issues and
the Delaware Department of Agriculture.
The Kent County Levy Court will consider all recommendations when
rendering land use decisions and directing land use policy for Kent
County.
 |
A major goal of this Comprehensive Plan is to conserve agricultural
land.
|
 |
The Land Use Plan formally designates growth and non-growth areas in
the County, with the intent of limiting development outside of
growth areas and encouraging continuing agricultural production, as
well as the protection of woodlands and environmentally sensitive
areas. Non-farm residences, along with other uses, are permitted
outside the growth area, but only to the extent that new development
does not lead to a reduction of prime agricultural land or a
degradation of areas of scenic beauty and/or environmental
sensitivity. Preservation of farmland should not be a responsibility
and goal only of the Levy Court and Regional Planning Commission.
A major share of the responsibility lies with the
agricultural community and farm organizations to actively work to
keep land in farm use and to support legislation and/or programs,
which will aid this objective.
|
 |
Create a new zoning classification for
agricultural district(s) that would:
promote agricultural industry; utilize the Delaware
Agricultural Lands Preservation Foundation Agriculture Preservation
Strategy Map to preserve Class I and II rated lands when and where
practicable; incorporate forestry related industries; establish “Rural
Character and/or Conservation Zones”; establish large lot zoning
where practicable; right to farm policies; increased setbacks and
buffering requirements; require subdivision regulations
compatibility; maintain rural character; encourage protection of
prime agriculture lands; support agriculture as a business through
first permitted uses; protect
Kent County’s agriculture heritage; and promote Kent County as a
agriculture-friendly community.
|
 |
Develop a Purchase and Transfer of
Development Rights cooperative program between Kent County and the
Delaware Department of Agriculture that would:
establish a Transfer Development Rights program between land
owners and developers and facilitate participation with the Delaware
Department of Agriculture’s Purchase of Development Rights
Program.
|
 |
Restrict subdivision growth outside the
Kent County Growth zone through land use ordinances that utilize
impact fees and create incentives for inside growth area
development.
|
 |
Protect critical agricultural lands within
the Kent County Growth Zone through Total Maximum Daily Loads (TMDL’s)
management
strategies by requiring tie into Central Sewer Systems for buildings
on and/or adjacent to agricultural lands identified
as Class I
and/or II of the Delaware Agricultural Lands Preservation Foundation
Agriculture Preservation Strategy Map, where
practicable.
|
 |
Enact Conditional Use for major
subdivisions to be located outside the Kent County Growth Zone.
This would allow
agricultural concerns to be considered in the design of any
potential major subdivision in agriculturally sensitive areas.
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CONSERVATION
Recommendations
As
previously stated in other chapters of this Comprehensive Plan Update,
the Levy Court is the only legislative body empowered to make land use
decisions in Kent County. The
Levy Court has seriously considered all “practicable” suggestions
annotated by DNREC regarding this Comprehensive Plan Update. The
following recommendations reflect Kent County’s good faith effort to
incorporate all practicable suggestions into future actions that will
enhance Kent County’s sound environmental stewardship in land use
decisions.
 |
During the implementation phase of the Comprehensive Plan Update,
revise zoning and subdivision ordinances to further
protect wetlands, natural areas, flood hazards areas, woodlands, and
watersheds (possibly
through the use of performance measures and overlays)
|
 |
Continue to work with DNREC, Department of Agriculture, and the Kent
Conservation District for the conservation and protection of
environmentally sensitive areas.
|
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Incorporate where practicable, zoning Overlay Maps that would
require specific building and development measures to protect
environmentally sensitive areas of Kent County. These Overlay Maps would act as environmental protection
provisions and “best management” practices into our zoning code,
and help meet goals specified in the “1999 Protecting Delaware’s
Natural Heritage: Tools for Biodiversity Conservation” written by
the Environmental Law Institute.
|
 |
Solicit DNREC to provide Kent County specific data that could be
used in the development of Overlay Maps. Data to include but not be limited to: Number, amount, and types of Open Space, Forests, water
bodies (streams, etc..), endangered/threatened species, Wetlands,
and Coastal areas.
|
 |
Require a conditional use for subdivision approval outside the
growth zone. This will
help direct subdivision development within the growth zone where:
vehicle trips may be reduced due to the location of
supporting businesses for the new homes; environmentally sensitive
areas outside the growth zone could be protected; and sprawl may be
better mitigated with infrastructure use (i.e. public water and
sewer).
|
 |
Encourage new subdivisions within the growth zone with higher
density rewards while limiting subdivisions outside the growth zone
through conditional uses. |
HISTORIC PRESERVATION
Recommendations
The
following recommendations incorporate suggestions provided by the
Delaware State Historic Preservation Office and follow the goals
outlined in the statewide Comprehensive Plan for Historic Preservation.
The Kent County Levy Court will consider all recommendations when
rendering land use decisions and directing land use policy for Kent
County.
 |
Establish the Kent County Historic
Preservation Commission providing appropriate staff and funding
levels to carry out the duties pursuant to Kent County Code, Article
XXV.
|
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Initiate process and complete application
for approval of Certified Local Government status.
|
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Continue appropriate stewardship of those
historic resources in county ownership including protection,
preservation, and interpretation of these sites.
|
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Identify growth areas and critical
areas with important archaeological sites, by identifying historic
landscapes and farmlands with important historic buildings and
archaeological sites, by encouraging the rehabilitation and reuse of
historic buildings, and by helping to define and consider in
planning what is important and appropriate to each community to
preserve for general livability.
|
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Promote County incentives and remove
disincentives for historic preservation, and improve protection for
historic properties including:
|
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Explore
the possibility of enacting additional plans and ordinances that
protect, preserve, and restore important cultural and historic
resources within the County.
|
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Provide
a series of recommendations to municipal officials, groups, and
citizens outlining more effective regulatory measures for community
preservation management and provide language which can be added to
existing zoning ordinances and building codes
|
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Continue to identify, evaluate, and update cultural resource surveys
and provide survey data in a variety of
formats including electronic media.
|
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Continue to identify and nominate eligible
properties and districts to the National Register of Historic Places
|
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Provide adequate programs for the
documentation of threatened sites and structures and for the
publicizing of strategies and
incentives
that would encourage rehabilitation and adaptive use of threatened
resources.
|
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Provide sources of information on the County's historic places and
heritage to:
|
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Encourage heritage tourism by publicizing historic resources and
cultural activities within the County.
|
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Convey to Kent County residents the value and community benefits of
historic preservation by helping the citizens to gain an
understanding and awareness of what is historically important about
each community or area of the County. |
HOUSING
Recommendations
 |
Provide zoning and other incentives to promote residential
development within designated growth areas in lieu
of agricultural and resource protection
areas.
|
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Encourage a mixture of housing types and sizes, combined with open
space, through a program of development incentives
built into the zoning district requirements.
|
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Promote the concept of residential clustering for a more efficient
use of land, conservation of natural resources, and creation of
useable open space and recreation lands.
|
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Continue
to participate in, administer, and coordinate federal and state
funding programs for housing rehabilitation, low and moderate income
housing construction and infrastructure improvements, and support
efforts which would ensure the continued existence and sufficient
funding of these types of programs. |
DOVER AIR FORCE BASE JOINT LAND
USE STUDY
Recommendations
 | Continue
to enforce the new sound attenuation requirements for new homes that
lie within the 65db, 70db, 75db, and/or 80db noise areas.
|
 | Ensure
new subdivision being recorded within the 65db, 70db, 75db, and/or
80db noise areas have the requirement written statement on the site
plan regarding noise issues as stipulated in Kent County Code
section 205-397.1.8 and section 205-397.1.12. |
OPEN SPACE, GREENWAYS, AND RECREATION
Recommendations
 |
To create a network of open space and suitable recreational
facilities to serve the existing and projected populations of Kent
County. |
 |
Protect and preserve key natural resources throughout the County
from unwarranted development.
|
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Connect existing open spaces into a cohesive system of greenways and
resource areas.
|
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Ensure that a wide selection of public recreational
facilities and programs are provided to meet the varying needs
of all County
residents.
|
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Develop a master plan for current proposed and future open space
parcels with DNREC and the Department of Agriculture. |
SEWER
Recommendations
 | Implement,
where appropriate and economically feasible, recommended
improvements to the pumping stations, pipelines, and treatment plant
of the County's wastewater system, as outlined in the 1993
Wastewater Facilities Plan for Kent County.
|
 | Work
with the Wastewater Facilities Advisory Council and DNREC to
identify and meet the wastewater needs of the currently sewered and
unsewered communities in the County. |
TRANSPORTATION
Recommendations
 |
Kent County
should continue to play a leadership role in the Dover/Kent County
MPO
|
Work with the MPO and DelDOT, subject to the requirements of the
metropolitan transportation
programming process, which includes prioritization, financial and air
quality constraints, and public review, to:
-Preserve and
maintain the existing transportation system
-Improve the
management of the existing transportation system
-Develop and expand
other modes of transportation
-Provide additional
roadway system capacity
-Focus
transportation investments
 | Update the Kent County
Subdivision ordinance to include transit friendly criteria such as
sidewalks, bike paths, and transit shelters, and road design
standards.
|
 | Require
subdivisions to be developed within the Kent County Growth Zone
before allowing subdivision approval outside the Growth Zone.
|
 | Partner with DELDOT and the
Dover/Kent County MPO to develop a plan to incorporate rail
passenger service throughout Kent County.
|
 | Partner
with DART to create a Transit Overlay District that would annotate
bus and rail service needs into the future.
|
 | Update
Site Plan requirements to include lighted pathways from transit stop
to buildings.
|
 | Create
Transportation Overlay Zones that would depict areas DELDOT has
established various criteria for implementation in land use decision
making (i.e. corridor preservation and access management areas,
scenic highways, etc.). |
WATER
Recommendations
 |
The County, in cooperation
with municipalities and private water suppliers, should work with
DNREC to develop a comprehensive water supply management program
including the reallocation of water resources, and the protection of
wellhead and aquifer recharge areas.
|
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Solicit DNREC to provide
Kent County specific water information to include but not limited
to: locations and
potential of Ground Water Re-charge areas; Public and private water
draw data for gallons per day; Long range consumption rates and
aquifer recharge rates; Wellhead protection and aquifer protection
areas. This information
should be incorporated into a Water Protection Overlay Zone that
would require specific building criteria (i.e. density) in order to
ensure protection of Kent County’s drinking water.
|
CAPITAL
IMPROVEMENTS PLAN
Recommendation
 | Encourage
the acquisition and expansion of Kent County parks and recreational
areas. |
COMMUNITY DESIGN
Recommendations
 | During
the implementation phase of the Comprehensive Plan Update, revise
zoning and subdivision ordinances to incorporate recommendations for
the improvement of review standards and design criteria for
determining the quantity, quality, and configuration of conservation
land within each new development.
|
 | Ensure
the established zoning ordinances and original housing density
standards are maintained throughout the design and development
phases.
|
 | Draft
a “clean hands” ordinance that would ensure developers follow
the required design and development requirements.
This ordinance in effect, would withhold building permits
from persons who violated or failed to comply with any portion of
the Kent County Code.
|
 | Promote
incentives to developers who incorporate “Livable Delaware”
concepts into their subdivision designs.
|
 | Encourage
the use of open space as a means of connectivity from one
subdivision to another.
|
 | Implement
a new zoning district called, “Open Space (OS)” that would be
annotated on the tax parcel database stored in the County AS/400
system. Also, these
specified parcels earmarked as “open space” will be clearly
designated on all site plans submitted to Kent County for
Recordation and the deeds to those parcels will clearly annotate
them as “open space”. This will help avoid any building permit
being issued for any parcel(s) recorded as “open space”.
|
 | Review
open space requirements for non-subdivision developments. |
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