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Delaware City regulates development and land use within the city limits. The City's responsibilities include comprehensive planning, zoning and subdivision regulation, flood plain management, stormwater management, and Historic District regulation. Delaware City also has requirements and restrictions relating to the use of city rights-of-way, including sidewalks, driveways, landscaping, and street trees. New Castle County zoning, subdivision, and other land use regulations do not apply within the City limits.
The City has delegated to New Castle County building inspection and property management code enforcement (complaints).
Anyone seeking to construct or alter a structure in Delaware City must first apply for a building permit [pdf] at Town Hall. The City's current fee for a building permit is $50.00. Once the City permit has been processed at Town Hall, the applicant takes the completed City and County building permit applications to the County Department of Land Use at 87 Reads Way, New Castle, DE. The County will charge an additional building permit fee. The County will issue the actual building permit, perform all inspections, and will issue the final Certificate of Occupancy. For information about New Castle County's building permit process, visit the county's Land Use Department website. The site has other valuable information for homeowners, such as frequently asked questions like Do I need a building permit? [pdf].
A significant portion of Delaware City is located within the FEMA - designated 100-year flood plain. This means that there is a 1% chance each year that a flood will occur in the mapped area. The Base Flood Elevation (BFE) for Delaware City is Elevation 9.0 (NAV). See the FEMA Flood Map for Delaware City. The flood maps are available at Town Hall for public review, along with many helpful brochures and technical bulletins relating to floodplain development, flood preparedness, and flood insurance.
Delaware City participates in the National Flood Insurance Program (NFIP). Properties in the 100-year flood plain are subject to regulation under the Delaware City Flood Plain Ordinance, which meets FEMA requirements for the NFIP. These regulations are designed to save lives and reduce property losses when flooding occurs. Without access to the NFIP, property owners would find flood insurance to be prohibitively expensive, if available at all. Special rules apply for development in the flood plain, including minimum floor elevation and hydrostatic venting of foundations. A FEMA elevation certificate is required for all new construction and "significant improvements" in the flood zone. In addition, no filling or grading may take place within the flood plain without a permit from the City.
The City maintains an extensive drainage system within the public rights-of-way. The system is a combination of catch basins connected by pipes and open ditches or swales. Stormwater drains to the Delaware River, the Branch Canal, or to Dragon Run. Most of the outfalls to the river and the Branch Canal have tide gates which prevent flood waters from entering the town through the drainage system.
Delaware City holds a permit from the federal Environmental Protection Agency (EPA) for the discharge of stormwater. Under the terms of this National Pollutant Discharge Elimination System (NPDES) permit, the City is obligated to monitor and control both the quantity and quality of storm runoff leaving the town. It is illegal to introduce pollutants into the storm drainage system, including laundry water, waste oil, pesticides, or other chemicals. NPDES Links [pdf]
The State of Delaware also regulates land disturbing activities to control erosion and sediment pollution. Development, including grading as well as construction, requires a permit and an approved plan to control sediment leaving the development site. The New Castle Conservation District has been delegated the authority to review stormwater plans for Delaware City.
Delaware City regulates land use within the city limits. The city has a unified code which encompasses both zoning and subdivision regulation. Chapter 46 of the Delaware City Code contains the city's zoning and land use regulations. Depending upon the location of the property, other sections of the Code may apply, such as flood plain regulations (Chapter 48) and Historic District restrictions (Chapter 49).
The City outlines its future development through the Comprehensive Plan. This document serves as a guide for land use decision making and contains useful general information about the town and its future. Mayor & Council have approved a Draft Comprehensive Plan [pdf] which is currently awaiting certification by the Office of State Planning Coordination. The draft Plan contains current and future land use maps, proposed annexation areas, as well as elements relating to transportation, natural resources, and the historic district.
Delaware City has a large and architecturally rich Historic District which was approved for listing on the National Register of Historic Places in 1986. Development within the Historic District is subject to review by the Delaware City Historic Preservation Commission (HPC). See Chapter 49 of the Delaware City Code for information regarding development, construction, and building alterations within the Historic District.
Property owners are required to maintain their properties in good and safe condition. This includes the condition of the home or commercial building, controlling weeds and trash, among other requirements designed to protect the public health and safety. Delaware City has delegated property maintenance code enforcement to New Castle County. Complaints about a property should be directed to the county Code Enforcement Office at (302) 395-5555. Visit New Castle County's website for more information about Code Enforcement. See also Chapter 22 of the Delaware City Code for requirements relating to public health.
Delaware City regulates activities in the public rights-of-way, which includes streets, sidewalks, tree lawns, alleys, and drainage ways. In Delaware City the street rights-of-way are considerably wider than the actual street pavement. Private activities which are regulated or require a permit include, when trash cans can be placed at the curb, sidewalks maintenance and repair, driveway entrances, street tree planting, trimming or root disturbance, landscaping, maintenance of drainage ditches, and routine maintenance (mowing) of unpaved right-of-way areas. See Chapter 8 of the Delaware City Code for more information.
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