Development Rule Changes Needed

Jim had two meetings last week with regulatory agencies and is encouraged that development and environmental protection interests are getting closer on many issues.

• The first meeting was between the Homebuilders Association of Delaware and DNREC Water Resources.  The subject of the meeting was the Chesapeake Bay TMDL and how Delaware was going to meet its goals.  There was a clear consensus that we need a new way of developing property, higher density, narrower streets, low impact bmps, in other words, green development.  Builders and developers would love to have this as an option and the market will determine if this is a viable product.

• The second meeting was with the City of Dover and the Environmental Ordinance re-write committee.  While looking at the City of Dover ordinances for protection of floodplains, trees and wetlands it was also clear that be allowing clustered density, these resources could be more easily protected without severely impacting economic development.

If there is a market for higher density, low impact development (and many developers believe that there is), it must be allowed as a by-right option.  Developers will not put significant sums of at-risk capital into a conditional use plan in this market.

Regulators charged with environmental protection understand this and the developers understand this and hopefully they can work together to get the planning and zoning officials to understand this.

To help with this effort or to discuss further, contact Jim at jim@jcmenv.com or 302-323-9377 x143.

http://www.landmarkjcm.com/

New Castle County Land Use Meeting

Bruce Tease, President of Landmark/JCM, attended a meeting between ACEC and NCCLU recently and reported the following:

1. NCC has received 3 plans submitted under the '2 Step Enhanced Review Process'. NCC is working on revised check list to clearly identify what is required for Exploratory submissions and what is required for Record submissions. Some old Preliminary Plan items have been moved up to Exploratory and some have been moved to back to Record. In the interim please read "Appendix 2" in the 2 step process documents to get the Exploratory submission requirements to make a complete submission.


2. NCCLU has agreed to review (with input from ACEC) current code requirements for parking, sidewalks, and landscaping. The current 'green' initiatives will be considered in each case.

3. NCCLU is reviewing current LDIA bonding requirements. Consideration will be given to reducing bonding requirements and possibly providing for phasing similar to DELDOT.

4. NCCLU has been advised by Randy Greer that a digitized version of the New Castle County soils mapping will soon be available. ACEC members will be notified.

5. George Haggerty will look into the 'Site Plan' review process. Evidently the Planning Department is reviewing the initial submission as an Exploratory Plan submission when this should be a one step process.

6. NCCLU is meeting with DNREC to discuss schedule and requirements for implementation of EPA Turbidity requirements for site runoff.

7. NCC has had provided information to DAPE about firms and professional engineers that consistently prepare sub-standard engineering.

8. NCCLU is working on providing the capability to print electronic CCR reports. All CCR reports should be submitted electronically. Paper submissions will be cut off soon.

9. A refined definition for 'non-delineated floodplain' will be issued using a minimum 50 acre threshold.


10. A policy for 'construction shut downs' is near completion. A copy will be issued to ACEC, HBA, and interested parties for review and comment.

11. Revisions to the 'Sign Code', Sewer Ordinance, and BRAC Amendments are all in process at NCC.

Delaware Supreme Court Decision

The Delaware Supreme Court recently found that a plan that complies with all zoning and subdivision requirements in County Code must be approved, subject only to reasonable conditions which the County may impose.

This case revolves around a plan advanced by Tony Ashburn and Sons, Inc. in Kent County, Delaware, which met all of the requirements in the Code but was subsequently denied by Kent County Levy Court. The National Association of Homebuilders (NAHB) as well as the Homebuilders Association of Delaware (HBA/DE) joined the suit that was recently decided.

The press release containing the details can be found at http://www.jcmenv.com/