FLOODPLAINS

No fill, new construction, substantial improvements or any other development is permitted within the "regulatory floodway" that would result in any increase in flood levels within the community during the occurrence of the 100 year flood. Development above the "regulatory floodway" but within the 100 year floodplain is generally limited to agricultural uses, private and public recreational uses, open space, and lawns or side or rear yards for residential uses.

In the "floodway fringe," defined by the City of Newark as the areas above the 100 year flood but within the 500 year flood, uses are reviewed to ensure that any removal, addition, or rearrangement of soil or material will not have a negative impact on the 100 year floodplain. Existing structures or other built features may be enlarged and expanded if they are approved by the City Council.

STEEP SLOPES

The Subdivision and Development Regulations (SDR), Appendix III, Section VI provides protection for steep slopes.

0-24% All disturbances that meet other zoning ordinances are allowed.

25+% Construction and building on properties with slopes exceeding 25% shall not be permitted, except with the approval of the public works director upon consideration of the geological, hydrological, and soil conditions of the site.

There are no special setback requirements for particular slopes.

VEGETATIONAL BUFFERS

There are no specific ordinances that provide for vegetated buffers adjacent to surface waters.

SDR Appendix XI-The City of Newark requires that "community assets" including wooded groves and critical natural areas be shown on development plans, along with measures to preserve such areas. Often developer's land donations for open space are for such critical resource areas.

WOODLANDS

No specific regulations govern woodland disturbance, but protection standards exist for woodlands during the construction process. These regulations are addressed on an individual case basis.

SDR Appendix XI-As stated above

WATER RESOURCES

The City of Newark has adopted comprehensive Water Resource Area protection regulations. These regulations significantly limit or forbid development in wellhead recharge protection and aquifer recharge protection areas.

Portions of these areas overlap the floodplain and are within the watershed of the White Clay Creek. In particular, the wellhead resource protection areas stipulate that for residentially zoned areas no more than 10 percent of the site can be covered with impervious surfaces and permitted uses are restricted to single family detached dwellings not to exceed one per two acres.

Under certain circumstances, the number of units can be increased to two dwellings per acre. In business, industrial, manufacturing office research and university districts, impervious surfaces for permitted uses cannot exceed 50 percent of the site.

STORMWATER MANAGEMENT

The City of Newark is a "delegated city," under DNREC's Stormwater Management Program. The City is responsible for regulating stormwater runoff within City boundaries. To qualify as a delegated local government, the city regulations must meet specific State requirements.

The goals of the City's stormwater management regulations, SDR, Appendix III, include the following:

• To protect persons and property from serious harm and significant damage from flooding caused by storms up to 100 year intensity.
• To ensure that each residential, commercial, industrial, or public development home and yard is constructed with adequate drainage.
• To provide that public drainage facilities and waters courses are designed and constructed to require minimal maintenance.
• To preserve water quality of the streams and natural watercourses in Newark.
• To minimize sedimentation and erosion.
• To promote delayed runoff by requiring the use of on-site retention.
• To promote the utilization of groundwater recharge techniques where feasible.

All land disturbing activities impacting sites larger than 5,000 square feet require the submittal of detailed stormwater management plans for quality and quantity control. In particular, the City's regulations specify that:

• The post-development peak discharge rate for the 2, 10, and 100 year frequency storm events shall not exceed the pre-development peak discharge rates for the 2, 10, and 100 year frequency storm events.
• Storm sewer installations going to the site, or on the site as required for development to handle stormwater runoff, shall be designed using the 10 year storm frequency.
• The conversion of a natural watercourse through site or along the boundary of the site to an enclosed conveyance system shall be designed using the 50 year storm frequency. This design may include an enclosed system and combination with a swale.
• Culverts or bridges transversing a natural watercourse running through this site or along the boundary of the site, or upon channels replacing the watercourse, shall be designed for the 50 year storm frequency, with a 100 year flooding easement.
• Detailed erosion and sediment control plans are also required.

WETLANDS

The municipality has mapped all wetlands. There are no specific regulations regarding buffers around wetlands. Any modifications to the drainage area discharging into wetlands must meet State and Federal standards. Stormwater runoff from impervious surfaces are not allowed to enter directly into wetlands.

The City of Newark has regulations that require submissions of wetlands reports for all new development or additions to existing developments. The wetland reports must describe the conditions of the site, including hydrological soil and vegetative characteristics, and copies of all applicable Federal and State wetlands permits. Wetlands reports are reviewed by the City Public Works Department based on the following criteria:

• Sensitivity to the wetlands identified on site. Sensitivity to wetlands shall mean that the subdivision plan will result in minimal feasible alternation or impairment to the wetlands characteristics and its existing contours, vegetation, hydrological conditions, and will not cause significant degradation of ground and surface water quality.
• Feasibility of a subdivision plan that does not require the disturbance of wetlands on the site.
• Whether reasonable design alternatives exist to minimize the disturbance of wetlands on the site.
• Whether wetland disturbance depicted on the subdivision plan accurately reflect those activities necessary to develop the site as proposed.
• The quality and amount of the wetlands that may be affected and disturbed.
• Whether the subdivision plan complies with all other applicable requirements of the code.

HISTORIC DISTRICTS

There are two historic districts adjacent to the Creek. They are designated by Federal standards. The City of Newark has adopted a comprehensive historic preservation ordinance. The ordinance lists historic properties and stipulates review requirements for the demolition or significant alteration of these sites.

Chapter 7, Building Code, Section 7-16-Some of the most important sections of the ordinance include:

• (d) Scope-Except as other wise specified in this section, all demolition permits and building permits calling for the destruction of the entirety or a significant part of an exterior architectural facade for historic buildings shall require a certificate of economic hardship reviewed by the Planning Commission and approved by City Council under procedures for review of such certificates established in this section.
• (g) Criteria for review of Certificates of Economic Hardship-
  
  • 1). That preservation of the building or site and/or the building's exterior architectural facade through preservation, reconstruction, rehabilitation, or restoration, will not yield a reasonable return and, therefore, is not feasible.
  • 2). If the preservation of the building or site is a hardship for the community that will have a negative impact on the general welfare of the City of Newark.
  • 3). For demolition of an entire, or a significant part, of an exterior architectural facade that is part of a reconstruction or addition to a building or site the commission and council may consider, in addition to, or instead of, whether the preservation of the building in its present form yields a reasonable return, if the new construction is consistent and/or compatible with the historical architectural style of the building.
• (i) Maintenance Requirements - All properties listed under the requirements of this section shall be properly maintained and repaired pursuant to the standards of the City adopted BOCA National Property Maintenance Code and all relevant portions of the municipal code. Should the building official determine that demolition by neglect is occurring at a property, the building official may take the following actions:
• (2). Determine the measures necessary to repair the deterioration and/or defects in the building or site and upon the failure, neglect, or refusal of the owner or the person in control of the property, or his or her agent, to arrange for such repair, to arrange for the city to repair the building and/or the site, subject to all municipal code requirements for purchases and contracts, and subject to the following:

   

  1. When the city has paid for the repair in accordance with this subsection, the actual cost of the repair, plus 50% in city overhead, plus accrued interest at the Delaware legal rate of interest per annum from the date of completion of work, if not paid by the owner or person in control of the property, or his or her agent, or not paid as the result of the order of the City Alderman, shall be charged to the owner or person in control of such property, or his or her agent, as a special tax bill by the city, and such charge shall be due and payable by the owner or the person in control within six months of such tax bill.

RECREATIONAL AND PARK USES

CLUSTERING OR PLANNED DEVELOPMENT REVIEW

SITE PLAN

INDUSTRIAL USES 

PERMITTED USES

COMMERCIAL BUSINESS DISTRICTS

PERMITTED USES

RESIDENTIAL ZONING

PERMITTED USES