Summary
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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.

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.

   

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.

        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.

 

       Initiate process and complete application for approval of Certified Local Government status.

        Continue appropriate stewardship of those historic resources in county ownership including protection, preservation, and interpretation of these sites.

    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.

Promote County incentives and remove disincentives for historic preservation, and improve protection for historic properties including:
 

Explore the possibility of enacting additional plans and ordinances that protect, preserve, and restore important cultural and historic resources within the County.

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 

        Continue to identify, evaluate, and update cultural resource surveys and provide survey data in a variety of formats including electronic media.

        Continue to identify and nominate eligible properties and districts to the National Register of Historic Places

             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.

        Provide sources of information on the County's historic places and heritage to:

    Encourage heritage tourism by publicizing historic resources and cultural activities within the County.

        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.  

  Encourage a mixture of housing types and sizes, combined with open space, through a program of development incentives
built into the zoning district requirements.

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.

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.

         Connect existing open spaces into a cohesive system of greenways and resource areas. 
         Ensure that a wide selection of public recreational facilities and programs are provided to meet the varying needs
         of all County residents.
         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.

        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.