Revised Planning Commission Packet Document 10-19-2020

CITY OF DOVER, DELAWARE PLANNING COMMISSION Monday, October 19, 2020 at 6:00 PM Virtual Meeting REVISED AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. VIRTUAL MEETING NOTICE The Planning Commission Meeting for October 19, 2020 will be held only as a Virtual Meeting using WebEx. Representatives of each Project Application will receive a specific invitation to attend this meeting. Regular Planning Commission member participants will receive a specific invitation to attend the meeting as a Panelist. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of October 19, 2020 Dial: 1-408-418-9388 Event number/Access code: 173 410 0430 Event password: DoverPC Event Address: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e4a8f0cbd9b03784fde9b86b6ad2 ff7e4 If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736- 7196. WELCOME to Virtual Meeting of Planning Commission PLEDGE OF ALLEGIANCE ROLL CALL ADOPTION OF AGENDA 1. Site Development Master Plan Application S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property: By letter of October 16, 2020, the applicant has requested that the Planning Commission to defer the Public Hearing and consideration of Application S-20-10 from the October 19, 2020 Meeting. As part of the adoption of tonight's Meeting Agenda, the Agenda 1

PLANNING COMMISSION - October 19, 2020 - REVISED AGENDA PAGE 2 may be Revised to remove Application S-20-10. Following postponement, the Consideration and Public Hearing for Application S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property will be rescheduled for a future Planning Commission meeting and will be subject to Public Notice requirements for the new meeting date. APPROVAL OF MINUTES 2. Adoption of Minutes of September 21, 2020 Meeting COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is November 16, 2020 at 7:00 PM. Update on City Council Actions Department of Planning & Inspections Updates Education and Training Opportunities 3. University of Delaware, Institute for Public Administration 2020-2021 Training Series 4. APA Delaware 2020 Fall Conference: COVID-19 and Transportation Virtual Seminar, October 29-30, 2020 SPECIAL RECOGNITION 5. Proclamation for National Community Planning Month OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval - None Received NEW APPLICATIONS 6. S-20-08 Manufacturing Facility at 1436 New Burton Road - Public Hearing and Review of a Site Development Plan Application to permit the construction of a new 457,500 SF Manufacturing Facility (US Corrugated of Delaware), parking, and other site improvements. The parcel totals 37.47 acres +/- and is zoned IPM (Industrial Park Manufacturing Zone). The property is located on the northeast side of the POW/MIA Parkway and west of New Burton Road. The property is adjacent to the Railroad on the east. The owner of record is G&M WDC, LLC. Property Address: 1436 New Burton Road. Tax Parcel Number: ED-05-085.00-01-07.00-000. Council District 2. This property has received a Waiver from the requirements for PLUS Review. Waiver Requests: Reduction in Minimum Parking Requirements; Elimination of Sidewalk; Partial Elimination of Upright Curbing; and Consideration of Performance Standards Review Application. This Site was previously subject to Comprehensive Plan Amendment MI-16-01 and Rezoning Application Z-16-02: Lands of Kesselring Company, LLC approved in 2016. 2

PLANNING COMMISSION - October 19, 2020 - REVISED AGENDA PAGE 3 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road - Public Hearing and Review of a proposed Site Development Plan Application to permit construction of a 9,000 SF Warehouse and site improvements adjacent to an existing 4,983 SF Warehouse and Office Building. The Plan also shows additional parking and landscaping to meet code requirements. The property measures 2.003 acres +/- and is located on the east side of Horsepond Road approximately 630 feet south of S. Little Creek Road. The property is zoned C-3 (Service Commercial Zone) and is subject to the AEOZ (Airport Environs Overlay Zone): APZ II and Noise Zone B. The owner of record is JACJIM, LLC. Property Address: 679 Horsepond Road. Tax Parcel Number: ED-05-078.00-01-11.00-000. Council District 2. Waiver Requests: Elimination of Sidewalk, Elimination of Bicycle Parking, Reduction in Number of Required Parking Spaces. The subject property was recently annexed on June 8, 2020 (Application AX- 20-03). 8. Request to postpone Consideration and Public Hearing on Application S-20-10 and reschedule for future Planning Commission Meeting received. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property - Public Hearing and Review of a proposed Site Development Master Plan Application to permit construction of 453 new parking spaces over the course of three phases for the Bayhealth Medical Center Campus. This expands the existing parking from 227 spaces to a total of 680 parking spaces on the Scull Property. Phase 1 proposes 290 parking spaces; Phase 2 proposes 72 new parking spaces and Phase 3 proposes an additional 91 parking spaces and a connection to S. State Street at the South Street intersection. The Plan shows the demolition of existing buildings in each phase for a total of seven (7) buildings demolished including the Scull Mansion to accommodate the increased volume of parking. The properties measure 11.43 acres +/- and are located on the east side of S. State Street in the block between South Street and Scull Terrace. The properties are zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The owners of record are Bayhealth Medical Center, Inc. and KGH Development Corp. The parcels are proposed to be consolidated before the project begins. Property Addresses: 605 S. State Street, 625 S. State Street, 100 Scull Terrace, and 150 Scull Terrace. Tax Parcel Numbers: ED-05-077.13-01-49.00- 000 and ED-05-077.13-01-51.00-000. Council District 2. Waiver Requests: Elimination of Upright Curbing; Elimination/Relocation of Bicycle Parking; Elimination of Opaque Barrier Component; and Consideration of Joint Parking Facilities provisions. The site was the subject of Site Plan S-13-05 Lands of KGH Development Corp. at 625 S. State Street: Parking Lot Construction in 2013. 9. MI-20-06 Text Amendment: Wireless Communications Facilities - Public Hearing and Review for Recommendation to City Council of Text Amendments outlining provisions for Wireless Communications Facilities (WCF) by adding a new Article 5 Section 23. Wireless Communications Facilities to the Zoning Ordinance and completing other amendments to the Zoning Ordinance in Article 3 – District Regulations, Section 20B - Industrial Park and Manufacturing Zone – Industrial aviation and aeronautics center (IPM3); Article 5 Section 21 – Public utility infrastructure; and Article 12 – Definitions and to the Dover Code of Ordinances, Chapter 98 – Street Sidewalks, Storm Sewers and Other Public Places and Appendix F – Fees and Fines. This proposed Ordinance provides definitions; establishes certain general and specific standards relating to the location, placement, construction and maintenance of Small WCF, Non- Tower Based WCF, and Tower-Based WCF; and provides for the regulations of WCF within the public rights-of-ways and outside public rights-of-way on properties. Also associated with these provisions is a Draft Small Wireless Communication Facility (SWCF) Design Manual. Ordinance #2020-13. 3

PLANNING COMMISSION - October 19, 2020 - REVISED AGENDA PAGE 4 A copy of the Proposed Ordinance #2020-13 is available on the City’s website www.cityofdover.com under the Government Heading: Ordinances, Resolutions & Tributes. https://www.cityofdover.com/ordinances-and-resolutions The Draft SWCF Design Manual are available from the Planning Office. The Proposed Ordinance was presented to the Council Committee of the Whole - Utility Committee on September 15, 2020. First Reading was completed by the City Council on September 28, 2020 and the Public Hearing dates set for Planning Commission on October 19, 2020 and City Council on November 9, 2020. NEW BUSINESS ADJOURN Posted Agenda: October 9, 2020 Posted REVISED Agenda: October 19, 2020 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 4

Item 1. October 16, 2020 Mr. Dave Hugg City of Dover Department of Planning and Inspections P.O. Box 475 Dover, DE 19903-0475 RE: Public Hearing KGH DEVELOPMENT CORP. PARKING LOT EXPANSION FOR BAYHEALTH STAFF Dover, Delaware 2019184.07 Dear Mr. Hugg: On behalf of our client, Bayhealth Medical Center, Inc., Becker Morgan Group, Inc. is hereby requesting to table the October 19, 2020 Planning Commission hearing. As you are aware, Bayhealth has submitted plans to expand parking facilities on the easterly side of South State Street at Scull Terrace. This plan includes the demolition of Scull Mansion. There are several community groups and neighbors that have interest in this project. Bayhealth would like to take an opportunity to reach out to these groups to discuss their concerns, to determine if mitigation is possible. Once we have met and discussed the issues, we will contract you to reschedule the hearing. Sincerely, BECKER MORGAN GROUP, INC. Gregory V. Moore, P.E. Vice-President GVM/rlh Enclosures Cc: Mr. Mike Metzing, Bayhealth Medical Center, Inc. 201918407ap-ltr-COD-table hearing.docx 5

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 21, 2020 The Meeting of the City of Dover Planning Commission was held on Monday, September 21, 2020 at 7:00 PM as a Virtual Meeting using the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Roach, Mrs. Malone, Mr. Hartman, Mr. Baldwin (arrived at 7:49 PM), Mrs. Lord, Mrs. Welsh, Dr. Jones and Mrs. Maucher. Mr. Adams was absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek, Mrs. Samantha Bulkilvish, Mrs. Tracey Harvey, Mr. Jason Lyon and Mrs. Kristen Mullaney. Also present were Mr. Mark Dunkle, Mr. Bill Ewald, Dr. Thomas Barnett and Mr. Sean Mace and two other members of the public listening in (Maynard Scott and Anita Dawkins). APPROVAL OF AGENDA Mrs. Malone moved to approve the agenda as submitted, seconded by Mrs. Welsh and the motion was unanimously carried 7-0 with Mr. Adams and Mr. Baldwin absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 17, 2020 Mrs. Welsh moved to approve the Planning Commission Meeting Minutes of August 17, 2020, second by Dr. Jones and the motion was unanimously carried 7-0 with Mr. Adams and Mr. Baldwin absent. COMMUNICATIONS & REPORTS Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday, October 19, 2020 at 6:00PM. There is a very long agenda for that evening so we are beginning early. Mr. Hugg welcomed Mrs. Kelli Lord to the Planning Commission tonight. Mr. Hugg provided an update on the regular City Council and various Committee meetings held on August 24 & 25, 2020 and September 14 & 15, 2020. Mr. Hugg stated that the DRAFT of the City of Dover Bicycle and Pedestrian Plan will be available for review this month. Mrs. Melson-Williams stated that the Summary Table of Applications shows tracking through the years. Since they haven’t had a Quarterly Workshop with the Planning Commission, she thought they may be interested as to kind of where we are application count wise. There is data all the way back to 2005. She broke out 2019 by quarter and there were a total of 62 applications that were submitted to the various boards and commissions that the Planning Office supports. Those boards and commissions include the Planning Commission, the Board of Adjustment and Historic District Commission. There are also Administrative Site Plan Reviews and what may be 1 6

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 21, 2020 an informational file that they code under Miscellaneous. For 2020, we are just through three quarters of the calendar year. You can see that our total through the September meetings of our boards and commissions is 26 applications. That does not include the 4 applications for October. The numbers are trending lower than years past; however, the projects aren’t getting any simpler. A lot of them are larger projects such as the Middle School Project so we do have complexity even if we have few numbers on the application side. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the Virtual Meeting using the WebEx system. OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: None NEW APPLICATIONS SB-20-02 Lands of Dover Medical Properties, LLC – Minor Subdivision: Eden Hill Farms TND in the Professional Office, Medical & Financial District – Public Hearing and Review of a proposed Subdivision Plan for property located south of West North Street and on the east and west sides of Banning Street in the Professional Office, Medical and Financial District component of the Traditional Neighborhood Design (TND) project known as Eden Hill Farm. The portion to be subdivided consists of 14.119 acres +/- to be split into three new parcels plus the residual. Lot 1 is an unimproved lot measuring 2.538 acres +/-. Lot 2 is open space consisting of pedestrian connections, a flag pole and landscaping and measures 1.615 acres +/-. Lot 3 measuring 2.633 acres +/- consists of The Center at Eden Hill, a skilled nursing facility and its associated parking. The residual is an unimproved lot measuring 7.333 acres +/-. The owner of record is Dover Medical Properties, LLC. The property area includes 300 Banning Street and unaddressed areas. Tax Parcel number ED-05-076.00-01-13.05-000. Council District 2. The subject property was previously created by the approval of a Minor Lot Line Adjustment Plan MI-19-07 Lands of Dover Medical Properties, LLC on October 22, 2019. The Eden Hill Farm TND: POMFD is the subject of Implementation Plan S-06-26 and associated Administrative Site Plans. Representatives: Mr. Mark Dunkle, Parkowski, Guerke and Swayze; Mr. Bill Ewald, Rauch Engineering: Dr. Thomas Barnett, Dover Medical Properties LLC; and Mr. Sean Mace, Eden Hill Medical Center Mrs. Melson-Williams stated that this is an application for a Minor Subdivision. This property is located within the Eden Hill Farm TND Project. Specifically, it is located within the Professional Office, Medical & Financial District which is the northeast corner of the Eden Hill Project. For those that can see the screen, the northern boundary is North Street and the area that we are discussing this evening flanks Banning Street which runs north-south. This is the land area that is immediately adjacent to Banning Street. Further to the west but not included in this application, is the parcel that contains the large Eden Hill Medical Center building; the multi-story large 2 7

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 21, 2020 brick building is there on the property. Tonight, we are dealing with a subdivision of a parcel in the Professional Office District that is just over 14 acres in size and as noted, the applicants are seeking to subdivide it into a series of lots. On the west side of Banning Street, we have Lots 1, 2 and 3. Lot 3 that is proposed is where the current location of the Center at Eden Hill is. That is the skilled nursing building and that is addressed as 300 Banning Street. The residual of the current parcel is located on the east side of Banning Street and it is just over 7 acres of land. The DAC Report actually gives extensive background about the Eden Hill Farm TND project. It includes a chart that lists a variety of applications that have moved through a review process for the Professional Office District over the years. The property was originally rezoned to TND and then for this particular district, there was an Implantation Plan that was approved from 2006 that laid out a series of phases for its development. To date, two of the buildings have been constructed. The initial building is known as Building 1 and 2 and then the third building which is the Skilled Nursing Facility at 300 Banning Street. Tonight, the Subdivision Plan takes steps to divide areas of land into parcels for what could be future lease or purchase. Tonight, we are not dealing with a development proposal for any of the lots. For development proposals brought forth in the future, depending on their content will be whether or not they move through the process with Planning Staff and agencies or whether it is something that will need to reappear here with the Planning Commission. The Professional Office District is actually governed by the plan that she just spoke to and what is called a Comprehensive Design Standards Manual or Pattern Book. That Pattern Book typically outlines the requirements for things called bulk standards. There are no specific minimum lot size requirements in this District; however, the Pattern Book does establish a landscape buffer along the North Street frontage of the District which then does act as a setback and that is actually shown on their proposed Plan. Site access would be from Banning Street for these proposed parcels. Parcels 1 and 3 will actually take access from what is an established cross access easement that flanks the Lot 2 area which is the large green open space area that is part of this District. In that area, we find a one way kind of circulation pattern that gains access to these lots and also the Medical Center Building further to the west. Tonight, we are not dealing with landscaping. Those kinds of things would be dealt through any kind of Site Development Plan Review process. Planning Staff has reviewed this application and has noted some minor updates to the plan drawing to clarify some information. They are noting that the Minor Subdivision Plan is allowed by Code; it does create a series of four lots. That was evaluated for compliance with the intent of the Eden Hill TND Master Plan and its Pattern Book items. They do find that even with the subdivision of the District, it does not impede and plans for development of what a TND is supposed to be and that is a walkable pedestrian friendly, economically viable professional and commercial development. It does not impact the development and any development activity would be subject to that Implementation Plan and Pattern Book. Planning Staff has noted in their Report that with future development occurring in this area it is likely that improvements to the intersection of Banning Street and North Street at that signalized intersection would trigger some improvements for turn lanes. The applicant is aware of those and it has been discussed that continual development will likely necessitate those improvements to be made to implement turn lanes as you approach the Banning Street intersection. The other members of the Development Advisory Committee have provided comments during the process and that includes the Water/Wastewater Department, the Electric Department, the Public Works Office, the Fire Marshal’s Office and DelDOT. Most of their comments are advisory in nature and are related to 3 8

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 21, 2020 any kind of future development that may happen with the project site. Basically, those agencies have no objection to the proposed subdivision which is what’s being considered tonight. Mr. Dunkle stated that he has been with this project since the TND zone was established through a working partnership with the City of Dover to help create this neighborhood. They agree with everything that Mrs. Melson-Williams has reviewed with the Commission. They also agree with all of the comments and recommendations from the DAC Report. Essentially, all they are doing with this plan is creating lots. They are not proposing any new development. As you know, Banning Street is paved, the open space is there and there are two large buildings already there with parking. This application only creates lots in this side of the campus. The real reason is that it helps them with financing. It makes it easier to get development mortgages and also to sell or lease properties. This is not an application proposing any changes out there at this time at all. Mrs. Maucher opened the public hearing and then after seeing no one wishing to speak, closed the public hearing. Mrs. Welsh moved to approve SB-20-02 Lands of Dover Medical Properties, LLC – Minor Subdivision: Eden Hill Farms TND in the Professional Office, Medical & Financial District with reference to the DAC Report, seconded by Mrs. Malone and the motion was carried 7-0 by roll call vote with Mr. Baldwin abstaining and Mr. Adams absent. Mrs. Welsh voting yes; as the application complies with the necessary requirements of the TND. Dr. Jones voting yes; for the reasons previously stated. Mr. Roach voting yes; for the reasons previously stated. Mrs. Malone voting yes; for the reasons previously stated. Mr. Hartman voting yes; based on the fact that is follows the TND and the comments in the DAC Report. Mrs. Lord voting yes; for the reasons previously stated. Mrs. Maucher voting for reasons previously stated. NEW BUSINESS Nomination and Election of Officers (Vice-Chairman) due to Vacancy and Annual Meeting of Planning Commission: Deferred from July 20, 2020 Meeting Mrs. Melson-Williams stated that the Annual Meeting is usually in July. At the July meeting, the Commission chose to defer the nomination and election of officers until a more complete group of Planning Commission members could be present. At the August meeting, you did take action to nominate and elect Mrs. Maucher as Chair. At this point, the Planning Commission would be in search of a Vice-Chair. Per your Bylaws, that’s one of the positions that you elect at the Annual Meeting. At the August meeting, this position was deferred in order to wait for the appointment of the ninth member which has occurred. Mr. Roach moved to elect Mr. Adams as the Vice Chair for the Planning Commission. Mrs. Welsh moved that nominations for Chair be closed, seconded by Mr. Hartman. Mrs. Welsh seconded the motion to elect Mr. Adams as the Vice Chair for the Planning Commission. Motion to elect Mr. Adams as the Vice- Chair was carried 8-0 by roll call with Mr. Adams 4 9

Item 2. CITY OF DOVER PLANNING COMMISSION SEPTEMBER 21, 2020 absent. Mr. Roach voting yes, he has been a dedicated member of the Commission. Mrs. Malone voting yes. Mr. Hartman voting yes. Mr. Baldwin voting yes. Mrs. Lord voting yes. Mrs. Welsh voting yes. Dr. Jones voting yes. Mrs. Maucher voting yes. Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28): Deferred from July 20, 2020 Meeting Mrs. Melson-Williams stated that at the August meeting, the Commission did take action to appoint the two Planning Commission members to serve on this Committee and that is Mrs. Welsh and Mr. Roach. The Mayor or his designee is also a member of this Architectural Review Subcommittee and then by Code, it also should include two design professional members. Staff has already confirmed the interest of Dr. R.J. Chandler who is a faculty member of the Architectural Program at Del-Tech. For the second design professional, Staff sought to continue the service of Ms. Sarah Keiffer who is the Director of Planning Services for Kent County and they are looking to have her appointed pending her confirmation of interest. She is happy to report that Mr. Hugg tracker her down and she said yes. That would actually complete the second design professional needed. Previously, the Commission had given Staff direction to confirm whether she would be available to participate and report back her status. The Code does allow for alternates but she thinks at this point, they can defer any kind of alternates. This Committee has not a wealth of applications sent to it but if that becomes the case then maybe they will seek alternates. Mrs. Welsh moved to approve the appointments of the Architectural Review Oversight Subcommittee as listed: Mrs. Welsh, Mr. Roach, Dr. Chandler and Ms. Keiffer, seconded by Mr. Baldwin and the motion was carried 8-0 by roll call vote with Mr. Adams absent. Mrs. Welsh voting yes. Dr. Jones voting yes. Mr. Roach voting yes. Mrs. Malone voting yes. Mr. Hartman voting yes. Mr. Baldwin voting yes. Mrs. Lord voting yes. Mrs. Maucher voting yes. Meeting adjourned at 7:55PM. Sincerely, Kristen Mullaney Secretary 5 10

Item 3. Institute for Public Administration | IPA 2020–2021 Training Series Managing Watershed and Planning Your Community’s Drainage Issues in Your Future (PLN 101) Community Planning 101 provides valuable information for all elected officials who consider and act upon DNREC's Delaware National Estuarine Research comprehensive plans, land use and zoning matters, and Reserve, Tax Ditch Program, and Wetland Assessment other growth issues. Planning and zoning and Monitoring Program are collaborating to present a commissioners, board of adjustment members, and those session focused on key tools at the local level for who take part in community planning and land- managing drainage in your community. development matters will enjoy this course. October 1, 2020 | 10 a.m. to noon January 22, 2021 | 10 a.m. to noon Course instructors: Jennifer Holmes, Brittany Course instructors: David Edgell, AICP, Edward Haywood, Lori Brown, DNREC O’Donnell, AICP, and Max Walton, Esq. Aging in Place in Your Community Land-Use Law, the Constitution, This session will introduce aging in place concepts and Takings (PLN 102) and related issues for local governments and their Planning 102 focuses on land-use law. It begins a review community partners. of the basic principles governing land-use law. Topics October 21, 2020 | 10 a.m. to noon include police power, delegation of authority, nuisances, due process, equal protection, just compensation, Course instructors: Julia O’Hanlon and Debra Young vagueness, and vested rights. Participants will then learn about Delaware court decisions affecting local land use. Institute for Local Government February 12, 2021 | 10 a.m. to noon Leaders Course instructors: Max Walton, Esq. Hosted in partnership with the Delaware League of Local Governments, this year’s institute will focus on recovery challenges and opportunities at the municipal Land-Use and Development and county level. Administration (PLN 103) November 13, 2020 | 10 a.m. to noon “Planning 103” topics include basic principles governing land-use law, delegation of authority, due process, just compensation, and vested rights. focuses on the principal Advanced Land Use Law strategy for implementing comprehensive plans. This training course focuses on principles governing March 5, 2021 | 10 a.m. to noon land-use law, delegation of authority, due process, just Course instructors: Ann Marie Townshend, AICP, and compensation, and vested rights. Savannah Edwards December 18, 2020 | 10 a.m. to noon Course instructors: Max Walton, Esq. Register online at www.ipa.udel.edu/events.html For more information, Sean O’Neill (oneill@udel.edu or 302-831-4926). 11

APA Delaware Item 4. 2020 Fall Conference c ov i d 19 i t r a n s p o r ta t i o n Thursday & Friday, October 29-30, 2020 t u On-line ZOOM Webinar followed by seminar On-line ZOOM Meeting l Thursday Session Friday Session 8:55 - 9:10 Introduction 8:40 - 8:55 Introduction 9:10 - 9:40 Keynote Speaker 8:55 - 9:25 Keynote Speaker Molly Magarik Jennifer Cohan Secretary DHSS Secretary DelDOT 9:40 - 11:40 Panel: COVID-19 - 9:30 - 11:30 Panel: Impact of The Real World COVID-19 on Transportation 1. COVID-19 Science Overview 1. Delaware COVID-19 Policy Overview Stephen Eppes, MD Rita Landgraf Director, Pediatric Infectious Diseases, Christiana Care Prof of Practice, U of DE College of Health Sciences 2. National-level View of the Pandemic 2. National Transportation Impact Perspective Jennifer A. Horney, PhD, MPH, CPH Ken Grant Professor and Director, Program in Epidemiology, UofD AAA Mid-Atlantic 3. APA National Perspective 3. Local Perspective on Highway Travel/Freight Ben Hitchings, FAICP Dan Blevins APA National Director for Region II Principal Planner, WILMAPCO 4. Delaware Perspective 4. Delaware Transit in the COVID-19 Era David L. Edgell, AICP Veronica Vanterpool Delaware Office of State Planning Coordination Chief Innovation Officer, Delaware Transit Corporation 5. Local Perspectives on COVID-19 5. New Ideas for Mobility in the COVID-19 Era Hon. Jerry Clifton Lilly Shoup, AICP Mayor, City of Newark DE Principal Consultant. Shoup Strategies 12:00 Virtual Brown-Bag Networking 12:00 Virtual Brown-Bag Networking Registration Rates Co-Sponsor APA/DPHA Members: $20.00 Non-members: $30.00 Full-time Students: $10.00 Proceeds benefit the APA Foundation Registration at www.delawareapa.org 12 CM credits are being requested for all sessions

Item 5. PROCLAMATION WHEREAS, change is constant in every community and affects all of us, and community planning can help manage change in a way that provides better choices for how people work and live. Community planning provides an opportunity for all residents to be involved in making choices that determine the fitture of their community and requires public officials and citizens who understand, support, and demand excellence in plan development and implementation; and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions that sound planning and plan implementation make to the quality ofour communities and environment; and WHEREAS, the 2020 National Community Planning Month theme, "Planning Is Essential To Recovery, "highlights the importance of community planning to help existing businesses thrive, while continuing to build our community. NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of October 2020 as COMMUNITY PLANNING MONTH in the City of Dover, and encourage all citizens to join me in recognizing the participation and dedication of the staff of the City of Dover Department of Planning and Inspections, members of the City of Dover Planning Commission and the valuable contributions made by other community and regional planners and our partner agencies at the State and County levels. We extend our heartfelt thanks for the continued commitment to public service by these professionals and private citizens. 13

Item 6. City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF: October 7, 2020 PLANNING COMMISSION MEETING OF: October 19, 2020 Plan Title: Manufacturing Facility at 1436 New Burton Road Plan Type: Site Development Plan Location: Northeast side of the POW/MIA Parkway and west of New Burton Road and Railroad Corridor Address: (Current) 1436 New Burton Road Dover, DE Tax Parcel: ED-05-085.00-01-07.00-000 Owner/Applicant: G&M WDC, LLC Size: 37.47 acres +/- Zoning: IPM (Industrial Park Manufacturing Zone) Previous Use: Kesselring Farm (farmstead structures demolished, currently vacant land) Proposed Use: Manufacturing Facility (U.S. Corrugated of Delaware) Building Area: 457,500 SF Off Street Parking: Required – 535 spaces Proposed – 272 spaces Loading Spaces: Proposed - 111 spaces Waivers Requested: Reduction in Minimum Parking Requirements Elimination of Sidewalk Partial Elimination of Upright Curbing For Consideration: Performance Standards Review Application P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 14

Item 6. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 7, 2020 APPLICATION: Manufacturing Facility at 1436 New Burton Road, Dover DE FILE #: S-20-10 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Julian Swierczek, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for Review of a Site Development Plan Application to permit the construction of a new 457,500 SF Manufacturing Facility (US Corrugated of Delaware), parking, and other site improvements. The parcel totals 37.47 acres +/- and is zoned IPM (Industrial Park Manufacturing Zone). The property is located on the northeast side of the POW/MIA Parkway and west of New Burton Road. The property is adjacent to the Railroad on the east. The owner of record is G&M WDC, LLC. Property Address: 1436 New Burton Road. Tax Parcel Number: ED-05-085.00-01-07.00-000. Council District 2. Previous Applications This site was previously subject to the Comprehensive Plan Amendment Application MI-16-01 which was to allow for an amendment to Map 12-1: Land Development Plan Map, in the 2008 Comprehensive Plan. Specifically, this amendment was to change the Land Use Classification from Residential Low Density to Industrial and Public Utilities. This was approved by City Council at their January 25, 2016 meeting. This change in Land Use Classification allowed for the second application which was Rezoning Application Z-16-02: Lands of Kesselring Company, LLC to change the zoning of the property from R-20 (One-Family Residence Zone) to IPM (Industrial Park and Manufacturing Zone). It is noted that the 2019 Comprehensive Plan Map 12-1: Land Development Plan Map shows the property as Industrial. The property’s zoning remains as IPM. Preliminary Land Use Services Review (PLUS) A project application of this size typically warrants a Preliminary Land Use Services (PLUS) Application review with the State. However, the City’s Memorandum of Understanding with the Office of State Planning Coordination allows waivers of the PLUS Review process. The City sought PLUS Review waiver for this project by submission of a letter to the Office of State Planning dated July 31, 2020. The waiver was granted (letter of July 31, 2020) due to the extraordinary economic development benefit to the State and the City of Dover through the capital investment as well as the permanent jobs to be provided by the firm. It was also noted in the PLUS Waiver, that the City of Dover’s Development Advisory Committee (DAC) process provides a more stringent review process than is offered through PLUS. 15

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 2 II. PROJECT DESCRIPTION The subject property area consists of 37.47 acres +/- on the northeast side of the POW/MIA Parkway and west of New Burton Road. This site was previously the location of a property known as the Kesselring Farm. The structures associated with this previous farmstead/agricultural use appear to have been demolished. The project proposed is a large manufacturing facility of 457,500 SF, and a building height stated to be forty-five (45) feet. The project also includes the associated site improvements related transporting of goods manufactured within the facility. Namely this includes a railroad spur providing direct access to the existing railroad line to the immediate east of the property, approximately 115 loading spaces, as well as parking spaces, sidewalks connecting the facility to the existing Multi-modal pathway on the opposite side of the POW/MIA Parkway along the west/ south sides of the property, and landscaping. It is noted that a portion of the property to the north remains undeveloped, with no specified development plans. It is labeled only as “Future Expansion Area.” A drive aisle connecting the proposed development to the “Future Expansion Area” is planned. Surrounding Land Uses: Immediately east of the east of this property, is the Railroad running north-south along the entirety of the east property line. To the immediate east of the Railroad is New Burton Road. Along this road are variety of uses, including one-family residences and Apartments zoned RG-2 (General Residence Zone), Commercial uses zoned C-1 (Neighborhood Commercial Zone), a Mini-Storage Facility zoned C-3 (Service Commercial Zone), and properties with commercial uses in the County. To the west and north across the POW/MIA Parkway are properties containing undeveloped farmland in agricultural production (field crops and vegetables) and zoned R-20 (One-Family Residence Zone). III. ZONING REVIEW IPM Zoning District The property is zoned IPM (Industrial Park Manufacturing Zone) and is subject to the regulations of Zoning Ordinance, Article 3 §20 and Article 4 §4.16 as a conventional planned lot development. The use as a Manufacturing Facility is a permitted use within this zoning district. The following Table highlights some of the lot design standards for the IPM zone: 16

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 3 Minimum Required IPM (Conventional Planned) For All Permitted Uses: Lot Area 2 1/2 acres Lot width (ft.) 200 Lot depth (ft.) 300 Front Yard 60 Side yard (ft.) 40 Rear yard (ft.) 40 Side or rear yard which adjoins a residential zone (ft.) 100 Off-street parking space: Per 800 sq. ft. of floor area 1 Per employee, per largest working shift (if greater than the requirement under the floor area calculation 1 Maximum Permitted Building Height: Stories Not limit Feet Equal to distance to nearest lot line Floor Area Ratio 0.5 Lot Coverage 75% IV. PARKING SUMMARY The Zoning Ordinance, Article 4 Section 4.16 states that the parking requirement for conventional planned development in the IPM zone is based on a rate of one parking space per (800) SF of floor area. With a state floor area of 457,500 SF, this would require a minimum parking space count of 572 spaces. However, Article 12 of the Code defines Floor Area as follows: Floor area: The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls, or from the center line of party walls separating two buildings. For purposes of calculating minimum parking and loading space requirements and calculation of floor area ratio, the "floor area" tabulation shall exclude cellar and basement areas used only for storage or for maintenance and operation of the building; shall exclude exterior stair towers; and shall exclude enclosed or partially enclosed garage parking and loading space areas, but shall include all outdoor storage and sales areas in use for more than 21 days in a calendar year. As noted, when calculating the floor area for the parking requirements, the applicant need not include loading areas. In consideration for calculating their required number of parking spaces, the Applicant has consequently reduced the square footage of the “Floor Area” of the overall building by 30,000 SF, from 457,500 Sf to 427,500 SF noting the internal train-loading area as justification per the Zoning Ordinance. Therefore, based on a floor area of 427,500, the 17

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 4 Applicant would need to provide a minimum of 535 parking spaces. Waiver Request: Reduction in Minimum Parking Requirement Zoning Ordinance Article 6 Section 3.9 gives the ability for the Planning Commission to grant a Waiver to reduce the required number of parking spaces, not to exceed a 50% reduction. The Applicant has therefore submitted a Waiver Request from the requirements for off-street parking. They have cited the use of the building (manufacturing) and subsequent number of employees as reasons to request the reduction in required parking spaces. Were the 50% reduction in the minimum parking requirement to be granted, the applicant would still need to provide a minimum of 268 parking spaces. The plans provided currently show 272 vehicle parking spaces. Loading Spaces Article 6 Section 4.27 of the Zoning Ordinance states for a manufacturing use in the IPM Zone, as well as for buildings that are in excess of 150,000 SF, that Staff will determine the sufficiency of the loading berths after reviewing written documentation from the applicant through the site plan review process. The applicant has stated on the plans that there are a planned 111 total loading spaces. These are located along both the north and south sides of the facility and are paved. The renderings provided indicate that the loading spaces immediately adjacent to the building are access primarily through loading bays, whereas the loading spaces further from the main building are provided with concrete wheel stops. The applicant has also shown that a railroad spur is to be provided, giving trains direct access to the facility, for further loading capabilities. Staff feels these two factors demonstrate that there are sufficient loading spaces being provided. Bicycle Parking The site is required to provide bicycle parking. The minimum bicycle parking requirement is one (1) for every twenty (20) vehicle parking spaces. Based on the 272 parking spaces identified for this site, at least fourteen (14) bicycle parking spaces are required for the project. The Plans submitted note fourteen (14) bicycle parking spaces are to be provided at the front of the building. V. SITE CONSIDERATIONS Access The main/ only entrance to the site is via an intersection with the POW/MIA Parkway, opposite the Wyoming Mill Road Spur, which is a connection road to Wyoming Mill Road to the west and outside of City limits. It is noted that this new entrance and intersection is subject to DelDOT Review of its design, placement, and traffic control measures, i.e. signalization. The entrance drive continues east to the main employee parking area immediately in front of the western elevation of the main building. The entrance drive also provides access to the north and south sides of the building which is where the combined 115 loading spaces are located. There is not vehicular access to the east side of the building. 18

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 5 Railroad Access Immediately adjacent to the property on its eastern frontage, running north-south, is the railroad. The plans submitted show that a spur is planned to be added from the main railroad onto the site, and then directly into the main facility on its eastern side. It has been indicated that this is for loading purposes (material supply and distribution). Waiver Request: Elimination of Sidewalk along POW/MIA Parkway Sidewalks are required along all street frontages. The plan notes the existing multi-modal pathway along the opposite (western) side of POW/MIA Parkway from the subject property. The Plan shows that a sidewalk is planned providing pedestrian access from this pathway, across the POW/MIA Parkway, to the main facility at the north side of the entrance. The Applicant has submitted a waiver request for consideration by the Planning Commission for the elimination of the Sidewalk requirement along the frontage of the property along the POW/MIA Parkway. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light shall also be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. Light poles are shown along the periphery of the parking lot. Dumpsters The Zoning Ordinance, Article 5 §6.12 requires that industrial, warehouse & institutional uses provide a minimum of two (2) dumpster for the first 80,000 square feet of gross building area, and one (1) required for each additional 40,000 square feet of gross building area or fraction thereof. This would require this development to provide a minimum of twelve (12) dumpsters. The plan at present does note that two 12’ x 24’ dumpster pads are to be provided but does not specify the actual number of dumpster units. Based on their size, they are likely able to accommodate two (2) dumpsters on each pad. The applicant will need to identify this and show that they will meet Code requirements or otherwise provide the alternatives listed above to allow for a reduction in the number of dumpsters. The Applicant has submitted a Waiver Request from the Dumpster Requirements, however the Zoning Ordinance offers no such ability to grant waivers from Dumpster Requirements. Article 6 §6.18 does however allow for the reduction in required dumpsters if the applicant can show there will be area reserved for dumpster pads for future use, or there will be a trash compactor provided. The Applicant has indicated that they will provide a trash compactor in the facility. This must be noted in the Plans. Curbing Waiver Request: Partial Elimination of Upright Curbing The upright curbing for parking lots and drive aisles is required the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. The applicant has stated that this curb type is to be utilized throughout the employee parking area. They have however submitted a waiver request to Planning Staff requesting the upright curbing be waived for the area designated for trailer parking and loading areas, noting that they will install concrete wheel stops along all trailer parking spots not against the building, in order to prevent trailers leaving the pavement. 19

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 6 VI. BUILDING ARCHITECTURE Conceptual Renderings and Elevation Drawings were submitted for the Manufacturing Facility. The building is proposed as a square-shaped structure. The exterior is composed primarily of vertical panels, whose material is not identified. They are in a small variety of neutral tones. There is a darker neutral tone the encompasses the entirety of the building in a thinner horizontal band near the top of each elevation. There are square-shaped windows within this horizontal strip shown on the south, west, and north facades. The front/ main (west) elevation of the building has a central entrance with the main doors and two-story high windows. These two-story high windows are also repeated at the northwest and southwest corners of the building. VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping approach for the overall project. Zoning Ordinance, Article 5, Section 16.62 offers the option of the applicant defining a “Development Area” within the overall property for the purpose of tree planting calculations. The applicant has established a “Development Area” for the project, namely the entirety of the parcel subject to this current development proposal. The northern portion of the parcel is omitted as no new development is currently planned for that area of the site. The applicant has identified the “development area” as being 1,263,147 SF. Article 5 Section 16.62 further specifies that within this Development Area, new tree plantings should be provided at a rate of density no less than one (1) tree per 3,000 SF. With the Development Area having been identified by the applicant, this minimum density requirement would require a minimum of 422 trees. The plans submitted note that 421 trees are to be provided, but Planning Staff has noted that only 420 trees appear to be shown on the plans. VIII. PERFORMANCE STANDARDS REVIEW Uses in the IPM Zone are subject to the Performance Standards Procedure set forth in the Zoning Ordinance, Article 5, Section 8.1 and 8.2 and referenced sections. Article 5 §8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied in any manner so as to cause any one or more of the following conditions to exist and to be dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway network to fall below acceptable levels of comfort and convenience; or other substance, condition or element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence. The project’s compliance with a series of performance standards for the “dangerous and objectionable elements” is to be considered by the Planning Commission. The “dangerous and objectionable elements” are as follows: 20

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 7 • Fire and explosion hazards (activities with and storage of) • Radioactivity or electromagnetic disturbance • Noise (sound pressure level) • Vibration • Smoke • Odors (Odorous gases or odorous matter) • Fly ash, dust, fumes, vapors, gases and other forms of air pollution • Glare (from lighting or high temperature processes) • Liquid or solid wastes • Traffic congestion (Level of Service E) The project cannot cause the above conditions to exist so that they adversely affect the surrounding areas or adjoining properties. The specific limits of each performance standard are described in the Zoning Ordinance. Where the performance standards conflict with regulations established by other state or local agencies such as the Delaware Department of Natural Resources and Environmental Control (DNREC), the more restrictive regulations apply. As part of this procedure, a separate Performance Standard Review Application is required to accompany the application for Site Plan approval. The applicant has submitted a Performance Standard Review Application letter indicating how the proposed development will restrict the emission of dangerous and objectionable elements detailed in Article 5, Section 8.5. The Planning Commission may refer the Application to expert consultants for review if deemed necessary. The Planning Commission is charged with determining if the proposed of the facility conforms to the applicable performance standards. IX. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for Code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Review and Approval of the Performance Standards Review Application is required for the property development in accordance with Zoning Ordinance, Article 5 §8.6. A Letter of the Performance Standards Review Application was submitted for consideration by the Planning Commission. 2) 535 vehicle parking spaces must be provided on the property in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written Waiver Request was received to reduce the minimum number of required parking spaces by 50%. 3) Sidewalk/pathway must be provided along the entire street frontage of the POW/MIA Parkway in accordance with the Zoning Ordinance unless a Waiver is granted by the Planning Commission. A written Waiver Request was received to eliminate the sidewalk along the POW/MIA Parkway. 21

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 8 4) Please add a note to the plan regarding the City Planner’s approval of the request to eliminate upright curbing in select areas. 5) Please note (in relation to the Waiver Request for a reduction in the minimum Parking Requirements) that the Parking Requirements for a Conventional Planned Development in the IPM Zone are found in the Zoning Ordinance Article 4 Section 4.16, not Section 4.14 as incorrectly cited in the Waiver Request submission. 6) A total of twelve (12) dumpsters are required per the Zoning Ordinance, Article 6 Section 6.12. Planning Staff recognizes the request for a waiver from the dumpster requirements as submitted by the applicant but noted the Zoning Ordinance does not provide the ability for either Planning Staff or the Planning Commission to grant such a waiver. Article 6 Section 6.18 of the Zoning Ordinance does however allow for the reduction of dumpster to constructed, if the applicant provides pads to be reserved for future dumpster use or otherwise provides a trash compactor. Unless either is demonstrated, the applicant will have to provide placement locations for the minimum twelve (12) required dumpsters. 7) Cover Sheet: a) Data Column: i) In noting the Building Height (45 feet), please also note the distance of the building to the nearest lot line. ii) List the number of stories: by code and by project iii) List Floor Area Ratio (FAR): by code and by project. b) Please note the actual building setbacks and ensure that the actual setbacks are correct. c) For the proposed number of parking spaces, please note the reduced floor area of the building (reduced by 30,000 SF as noted in the Waiver Request) used to calculate the minimum parking required. i) Please note the actual parking requirement of 535 parking spaces. ii) Please note that the plans actually show 272 parking spaces, not 273 parking spaces. d) Indicate right-of-way for the POW/MIA Parkway, New Burton Road, and the Railroad. e) Add notes for any waivers or conditions acted upon by the Planning Commission. 8) Sheets 02 – Existing Conditions: Please identify which buildings have been demolished or are otherwise extant. 9) Please provide a Details sheet in the plan set to include details on the bike racks, sidewalks, curbing, light fixtures, sanitary sewer and water systems, and any other utility details required. 10) Sheet 03 - Preliminary Site Plan: a) There appear to be 4 loading spaces along the northern side of the building that show stair access to the building being provided. As those spaces are therefore likely not the be utilized as loading spaces, please include striping or some other feature to the plans indicating that these spaces will not allow for the loading/off-loading of goods. b) Please identify exactly where all upright curbing is to be provided. 22

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 9 11) Sheet 05 - Landscape Plan: a) Please note that the actual minimum number of trees to be provided is 422 trees. b) The plan notes 421 trees, yet Staff has only counted 420 trees. Please ensure the tree counting is accurate and compliant with minimum requirements. c) Clarify what surface (grass or mulch) will be utilized for parking lot islands. 12) All signage must comply with Sign Regulations of the Zoning Ordinance and is subject to a separate Sign Permit Application. Signs are subject to a separate review and approval process in the City of Dover. 13) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by Kent Conservation District (KCD) must reflect the Site Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. 14) The Final Plan set must include notes documenting any action taken by the Planning Commission and must list any additional conditions of approval. X. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Recommendation on Waiver Requests: a. Reduction in Minimum Parking Requirements – Staff recommends approval of the waiver request to reduce the minimum parking requirements for the site. The applicant has demonstrated that the employee figures for the site do not warrant the minimum 535 vehicle parking spaces required by Code, and the 272 parking spaces provided appear more than sufficient to meet their needs. The building is large, but the dominant usage of the space is for manufacturing and storage functions. Additionally, the loading spaces provided appear more than sufficient for manufacturing/ storage/ shipping needs. b. Elimination of Sidewalk – Staff recommends approval of the waiver request to allow for the elimination of a sidewalk along the POW/MIA Parkway frontage of the site. The applicant has shown that they plan pedestrian access from the site to the existing multi- modal pathway along the opposite side of the POW/MIA Parkway. Staff also notes the general remoteness of the site in relation to other areas of the City. Staff additionally notes that the eastern side of the POW/MIA Parkway includes a drainage swale, which makes the installation of the sidewalk difficult. There is also an existing multi-modal pathway on the other side of the Parkway that will sufficiently provide for pedestrian and bicycle needs in the immediate vicinity as well as to and from this site. 23

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 10 c. Partial Elimination of Curbing – Staff grants approval of the waiver request to relax upright curbing requirements in select areas related to Stormwater Management. The applicant has stated they will provide upright curbing in the employee parking areas and will otherwise provide concrete wheel stops along all trailer parking spots not against the building to prevent any trailers leaving the pavement. 2) Loading Spaces: In accordance with Zoning Ordinance Article 10 subsection 2.21 and the loading space requirements of Article 6, Section 4, Staff affirms the sufficiency of the 115 loading spaces provided, noting the discussing on the type of work to be carried out in the facility with the applicant, and noting particularly the additional “loading space” for trains to be provided internal to the building. 3) Performance Standard Review Application: Staff recommends the Commission affirm that the site’s proposed use as a manufacturing facility is generally anticipated to conform to all the applicable performance standards of the Zoning Ordinance, Article 5, Section 8. The proposed use is not expected to generate excessive dangerous or objectionable elements or emissions. For a number of the performance standards that are related to air quality, there are state or federal level permitting requirements that ensure the compliance both during construction and operation of certain types of facilities, thus limiting impacts to air quality resources. Some of the performance standards are governed by regulations and policies adopted and enforced by various City Departments such by fire protection regulations administered by the City of Dover Fire Marshal and liquid and solid waste disposal which are subject to the City’s Water/Wastewater Regulations administered by the Department of Water and Wastewater in conjunction with other agencies. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives may be accepted or rejected by the Planning Commission. XI. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon any requests for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) The project site access via the POW/MIA Parkway connects to the currently un- signalized intersection at Wyoming Mill Road Spur, a State maintained road. As the project involves entrance access from and frontage areas on State maintained roads, it may require off-site transportation improvements at the direction of DelDOT. 3) The applicant will need to coordinate any railroad associated construction and usage with the appropriate entities of the railroad corridor. 24

Item 6. S-20-08 Manufacturing Facility at 1436 New Burton Road DAC Report of October 7, 2020 Page 11 4) If major changes and revisions to the Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 5) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 6) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 7) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to document all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval. 8) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 9) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 10) Construction may have an effect on the adjacent roadways, property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 11) The applicant shall be aware that Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign may require a Sign Permit from the City of Dover prior to placement of any such sign in accordance with Zoning Ordinance Article 5 §4. 12) The applicant shall be aware that Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 25

Item 6. 26

Item 6. STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF STATE PLANNING COORDINATION July 31, 2020 Mr. David S. Hugg, III Planning Director, City of Dover 15 E. Loockerman Street P.O. Box 475 Dover, DE 19903 RE: PLUS Waiver for the Project CAPE, 1436 New Burton Rd, Dover Dear Mr. Hugg: I am writing to inform you that I have waived the PLUS process for the above referenced project pursuant to your request. This project proposes to construct a 500,000 sq ft manufacturing facility that will employ up to 159 people, have a $7.5m annual payroll, and represent a capital investment of approximately $90m. Clearly this project will provide an extraordinary economic development benefit to the State and the City of Dover through the capital investment as well as the permanent jobs to be provided by the firm. We also note that the City of Dover’s DAC process provides a more stringent review process than is offered through PLUS. I am confident that all of the relevant State agencies will be included in the review of this manufacturing facility. This waiver has been granted at my discretion according to the provisions of Title 29, Chapter 92, § 9205 of the Delaware Code. Please do not hesitate to contact me if I can be of any further assistance. Sincerely, Constance C. Holland, AICP Director, Office of State Planning Coordination 122 Martin Luther King Jr. Blvd., South  Third Floor  Dover, DE 19901 Phone (302)739-3090  Fax (302) 739-5661  www. stateplanning.delaware.gov 27

Item 6. Michael R. Wigley, AIA, LEED AP W. Zachary Crouch, P.E. Michael E. Wheedleton, AIA Jason P. Loar, P.E. Ring W. Lardner, P.E. Jamie L. Sechler, P.E. September 1, 2020 City of Dover Planning Commission 15 Loockerman Plaza Dover, DE 19901 RE: U.S. Corrugated Tax Map 2-05-08500-01-0700 Members of the Planning Commission, Please find the following narrative as part of the above Performance Standards Application to demonstrate compliance with the performance standards outlined and required in Article 5, Section 8 of the City of Dover Municipal Code. The proposed project consists of necessary site, Utility, stormwater management, parking lot and road construction that will support the construction of the US Corrugated of Delaware manufacturing plant. The facility will consist of Precast Concrete Wall Panel construction, Steel Framing, and slab on grade foundation. The use of the site will be in the fabrication of Corrugated packaging and Displays as well as warehousing. The manufacturing process will include Corrugating rolls of containerboard into 3 ply Corrugated and then printing, die-cutting, folding, and gluing this board into customer specific structure. We do not anticipate any violations listed in Article 5, Section 8.1 and 8.5. Each standard is addressed below: 8.51 Fire and explosive hazards: Adequate fire suppression and firefighting equipment will be on site. A site plan is provided to the City of Dover Fire Marshal to confirm access requirements for emergency personnel and fire hydrant coverage. The building will have a full sprinkler system designed for our specific manufacturing process and materials used in the process. The fire protection system will be designed to comply with NFPA requirements and other regulations that might apply. Additionally, the City of Dover Fire Marshal will have full review of Fire Suppression Systems proposed as well as all Life Safety items (Exits, Evacuation Plan, etc.) We have no known explosive hazards. 8.52 Radioactive or electromagnetic disturbance: No radioactive materials will be stored or used, and no electromagnetic disturbances will occur. ❑ 601 E. MAIN STREET, SUITE 100, SALISBURY, MD 21804-5021 • 410.543.9091 ❑ 1 PARK AVENUE, MILFORD, DE 19963 • 302.424.1441 ❑ 106 NORTH WASHINGTON ST, SUITE 103, EASTON, MD 21601• 410.770.4744 28 www.dbfinc.com

Item 6. 8.53 Noise: Noise levels will be consistent with light manufacturing activities including material handling, rail delivery, manufacturing equipment and outgoing tractor trailers. The highest noise will be incoming and outgoing transportation. 8.54 Vibration: No anticipated vibration levels 8.55 Smoke: No activities generating smoke 8.56 Odors: No activities generated offensive odors. 8.57 Fly ash, dust, vapors, gases and other forms of air pollution: No air pollution will be emitted from the building. Vehicles will drive on asphalt mitigating dust generation. A natural gas fired steam generating boiler will be operated for our manufacturing process which will meet all Delaware requirements for emissions and will require testing and an operating permit. 8.58 Glare: No exterior light s will produce glare. Infrequent welding will take place inside the containment of the building. Signage will be designed to mitigate glare. 8.59 Liquid or solid waste: All ink wash-up water will be treated by an ink treatment filtration system. All chemical or fuel spills will be treated with a chemical of fuel spill kit and will be disposed of appropriately. A minimum of two dumpster pads will be located on-site and serviced by a private hauler. In compliance with local requirements, we will not stage or maintain any uncovered dumpsters on the property. 8.60 Traffic congestion: We do not anticipate any traffic congestion caused by this site. Traffic entering and exiting the site will be minimal except during start and ending of shifts. DelDOT has approved our site access & offsite construction plans which include a right turn lane and left turn lane from POW/MIA Hwy. We hope this addresses compliance of the proposed project with Article 5, Section 8 of the City of Dover Code. Should you have any questions regarding this submission, please contact me at (302) 424-1441 or via. e-mail at jls@dbfinc.com Sincerely, Davis, Bowen & Friedel, Inc. Jamie L. Sechler, P.E. Principal 29

Item 6. Michael R. Wigley, AIA, LEED AP W. Zachary Crouch, P.E. September 4, 2020 Michael E. Wheedleton, AIA Jason P. Loar, P.E. Ring W. Lardner, P.E. Jamie L. Sechler, P.E. City of Dover Planning Department P.O. Box 475 Dover, DE 19903-0475 Attn: Dawn Melson-Williams, AICP RE: U.S. Corrugated Preliminary Site Plan - Waivers Tax Map No.: ED-05-08500-01-0700 DBF #: 3671A001 Dear Mrs. Melson-Williams: On behalf of our client, G&M WDC, LLC., we are respectfully requesting a waiver for four (4) of the components of the Zoning Code. The first waiver requested is from Appendix B, Article 4 Section 4.14 regarding off-street parking. The off-street parking calculation is based on floor area of 1 space per 800 square feet. The square footage of the building is 457,500 but we removed 30,000 s.f. for the train loading area allowed per code. For parking calculations, a 427,500 square feet building would require 535 parking spaces. We are requesting the off-street parking be reduced by 50% based on the use of the building (manufacturing), and the number of employees that will be working at the site. The second waiver requested is from Article 5 §18.5 of the City Code to eliminate the requirement to install sidewalk along the property frontage. DelDOT has requested that we do not place the shared-use path along the frontage as there is no place for it to connect on either side of our property. To the south is the grade separated bridge of New Burton Rd. and the railroad. To the north is a bridge crossing Puncheon Run. We have entered into an agreement with DelDOT to install a pedestrian signal/crossing at our entrance to bring people into the site from across POW/MIA Hwy. The off-site entrance plans have been approved by DelDOT. The third waiver requested is from Article 5 Section 6.12 regarding number of required dumpsters. The majority of the space inside the building is storage of cardboard, machinery and loading area. There is minimal trash leaving the building going to dumpsters. Anticipated trash will be from the employee break room and general office waste. We have provided two dumpster pads on the site. If determined that more dumpsters are needed, the owner will install more as needed. Per our client, all cardboard waste created inside the plant will be bailed and shipped back to the cardboard manufacture for recycling. ❑ 601 E. MAIN STREET, SUITE 100, SALISBURY, MD 21804-5021 • 410.543.9091 ❑ 1 PARK AVENUE, MILFORD, DE 19963 • 302.424.1441 ❑ 106 NORTH WASHINGTON ST, SUITE 103, EASTON, MD 21601• 410.770.4744 30 www.dbfinc.com

Item 6. The fourth waiver requested is from Article 6 Section 3.6b regarding all permanent parking areas shall be enclosed with upright concrete curb. We have provided curb in the employee parking areas directly in front of the building. We have omitted curb in areas of trailer parking and loading areas as this is not required per code. We have placed concrete wheel stops along all trailer parking spots not against the building to prevent any trailers leaving the pavement. If you have any questions or require additional information, please do not hesitate to contact me at (302) 424-1441 or via email at jls@dbfinc.com. Respectfully Submitted, Davis, Bowen & Friedel, Inc. Jamie L. Sechler, P.E. Principal 31

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Manufacturing Facility at 1436 New Burton Road FILE #: S-20-08 REVIEWING AGENCY: City of Dover Public Works Department CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the entrance plan approval from DelDOT is submitted to our office. SANITATION 1. Revise the plan to note that private solid waste collection services will be provided to the site. GENERAL 1. One paper copy of the final site plan must be submitted to our office for approval. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 32

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Manufacturing Facility at 1436 New Burton Road FILE #: S-20-08 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve 33

Item 6. Manufacturing Facility at 1436 New Burton Road File #: S-20-08 September 30, 2020 Page 2 of 3 should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Water & Wastewater will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. 7. Please provide the approved jack and bore plan for the water service to this property. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. A hydraulic system analysis shall be provided for the pumping station including force mains. It shall include the calculation of the system-head curves and the use of these curves in conjunction with the characteristic curves of available pumps. This pump station will be privately maintained, as it only serves this property. 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. 8. Please provide the approved jack and bore plan for the wastewater service to this property. 9. Due to the industrial nature of the effluent created by this facility, an approval from Kent County Department of Public Works will be required for discharge. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: 34

Item 6. Manufacturing Facility at 1436 New Burton Road File #: S-20-08 September 30, 2020 Page 3 of 3 a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. This project will require a State Utility Permit to be submitted to Delaware Department of Transportation. This application shall be created by the developer. 3. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 35

Item 6. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Manufacturing Facility at 1436 New Burton Road FILE #: S-20-08 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT PHONE #: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 36

Item 6. Manufacturing Facility at 1436 New Burton Road File #: S-20-08 September 30, 2020 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 37

C F S-20-08 I IItem 6. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/30/20 D S O H V A E L APPLICATION: Manufacturing Facility at 1436 New Burton Rd R FILE #: S-20-08 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is Industrial. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 50% and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Fire lanes shall cover 25% of the proposed building. Fire lanes are required to be 24 feet wide and run along the front of the building as determined by the primary entrance(s). In cases where there is more than one primary entrance(s), each shall be served by a fire lane even if this exceeds the percentage as required. The closest edge of fire lanes shall not be located closer than ten (10) feet to the exterior wall and the closest edge of fire lanes shall not be located further than 50 feet from the exterior wall if one 38

Item 6. or two stories in height; 40 feet if three or four stories in height, or 30 feet if over four stories in height. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5) 6. Where parking is located between the building and the fire lane, parking shall not be located closer than 15 feet to the exterior wall. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.4.1) 7. All Fire Lanes shall be marked as follows: both the inner and outer edges of the fire lane shall be marked, where curbs are present, the top and face of the curb shall be painted yellow, where no curbs are present, a four inch (4”) solid yellow demarcation line shall mark the edge(s) of the fire lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 8. The specific color yellow shall be the uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT). Only vivid and durable paint shall be used and shall be suitable for street surfaces 9. Fire lane signs shall be located as follows: see Figure 5-16 – Approved Sign For Marking Fire Lanes, fire lane signs shall be spaced at 150 foot intervals maximum, all fire lane signs shall be located no less than six feet (6’) and no higher than eight feet (8’) above the pavement, signs shall be placed at each end of the fire lane, and signs shall face all oncoming traffic. Where parking is not restricted roadway markings shall utilize the words "FIRE" and "LANE" in lieu of fire lane signs and shall conform to the specifications of 7.6. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 7) 10. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 11. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 12. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 39

Item 6. 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 13. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 14. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 15. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 16. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class 40

Item 6. AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 17. Fire Alarm System required per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 18. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under 41

Item 6. the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 19. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 20. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 21. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 22. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 42

Item 6. 23. All standpipe and sprinkler connections shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All standpipe and sprinkler connections shall have minimum of four inch (4") solid yellow demarcation lines to define specific areas, Solid yellow demarcation lines shall be measured from the center line of the connection and extend for a distance of four feet (4') on both sides, and where parking is allow between the building and the street or fire lane the solid yellow demarcation lines shall extend from the end of the sidewalk surface to the street or fire lane (Markings shall not be required on the sidewalk surface). All fire department connections (standpipe and sprinkler) shall have a minimum 12" x 18" sign that reads FIRE DEPT. CONNECTION, sign lettering shall be a minimum of 3 inches (3") in height with red scotchlite letters on white scotchlite background. The sign shall be clearly visible from the fire lane or roadway, and signs using NFPA international symbols shall be an acceptable alternative. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 3) 24. Standpipes shall be provided in all areas and buildings as required in the codes and standards listed in Regulation 701 as well as the following areas or buildings: In all Class A and Class B places of assembly and institutional occupancies two (2) stories or 25 feet in height or over, In any building over three (3) stories, In any building over 35 feet in height, In any building that has a floor above the first floor over 10,000 square feet gross floor area, In all buildings where the 1st floor exceeds 60,000 gross square feet, a Class I horizontal standpipe system installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations shall be provided. All standpipe systems shall be installed in accordance with the applicable codes and standards listed in Regulation 701. The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses. Standpipes shall not be more than one floor below the highest forms of staging, The 2½-inch of hose connections on Class I systems shall be provided in the following locations, At the highest intermediate landing between floor levels in every required exit stairway, Where intermediate landing is not provided, hose connections shall be permitted to be located at the main floor landings in exit stairways when approved by the authority having jurisdiction, Where the local fire department has the capability of providing the required pressure, hydraulically designed standpipe systems in fully sprinklered, non-high-rise buildings shall be designed to provide the required waterflow rate. A sign shall be provided at each landing, in all interior stairways, designating the floor level. (2015 Delaware State Fire Prevention Regulations 702, Chapter 4, 2) Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five- inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above 43

Item 6. finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (City of Dover Code of Ordinances 46-162) 25. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 26. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, 44

Item 6. Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 27. A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 28. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading to and terminating at a public way. 29. All new passenger elevators in a building shall be provided with a car sized to accommodate an ambulance cot 24 inches (609 mm) by 84 inches (2133 mm) in its horizontal open position. Where two or more new passenger elevators are located in a single hoist way and serve all or the same portion of the building, only one elevator car that provides a car sized to accommodate an ambulance cot 24 inches by 84 inches in its horizontal position for each hoist way shall be required. Elevator cars required to comply with 15.1 or 15.2 shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoist way door frame. 45

Item 6. Firefighter recall keys shall be provided in a manner acceptable to the local fire department. (2015 Delaware State Fire Prevention Regulations 705, Chapter 1, 15) 30. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State Communications prior to Final CO. This must be scheduled in advance with Delaware State Communications. 31. Project to be completed per approved Site Plan. 32. Full building and fire plan review is required. 33. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 34. Construction or renovations cannot be started until building plans are approved. 35. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 36. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. A discussion needs to take place with this office and Public Works in reference to the number of fire hydrants, where they will be located, and proper size piping to supply the site. 2. Ensure that there is 15’ from the building to the parking area as outlined in item #6 listed above 3. Confirm that the Fire Lanes are 24’ wide 4. This is considered a large area building as defined in the 2015 Delaware State Fire Prevention Regulations. Please see that section of the code below. 5. A discussion needs to take place with this office and the Chief Building Inspector in reference to the rail system going into the building. Chapter 5 Mid Rise, High Rise and Large Area Buildings 1.0 Application 1.1 This chapter shall apply to all new buildings and this chapter shall apply to all existing buildings that undergo a change in occupancy. 1.2 This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. 1.3 Any proposal that is presented to the Office of the State Fire Marshall for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire 46

Item 6. building. 19 DE Reg. 843 (03/01/16) 4.0 Large Area Buildings. 4.1 Application. The application of this Chapter pertains to any building exceeding one-hundred thousand (100,000) square feet gross floor area on any one floor. This Chapter does not apply to Strip Shopping/Office Center with no individual tenant exceeding 100,000 sq. ft. 4.1.1 If any one individual tenant in a Strip Shopping/Office Center exceeds 100,000 sq. ft. per floor, these requirements shall apply only to those tenants. 4.2 Horizontal Standpipes. 4.2.1 Horizontal Standpipes shall be required in accordance with Regulation 702, Chapter 4 of these Regulations 4.3 Emergency Voice/Alarm Communications and Detection System. 4.3.1 Large area buildings shall be equipped with a voice alarm, communication and detection system which shall be installed in accordance with the applicable codes and standards listed in Regulation 701 of these Regulations; and approved by the Office of the State Fire Marshal 4.4 Fire Command Station. 4.4.1 Large area buildings containing Health Care Occupancies, Ambulatory Health Care and Detention and Correction Occupancies shall contain a fire command center for fire department operations in a location reviewed by the responsible Fire Chief and approved by the Office of the State Fire Marshal. The Office of the State Fire Marshal may require a Fire Command Center for other Large Area Buildings. 4.4.2 The fire command center shall contain the following: 4.4.2.1 Voice alarm and public address panels 4.4.2.2 Fire department communications panel 4.4.2.3 Fire detection and alarm system annunciator panels and smoke management panels 4.4.2.4 Status indicator for elevator and annunciator indicating which elevators are operational 4.4.2.5 Status indicators and controls for air handling systems 4.4.2.6 Controls for unlocking all fire exit stairway doors simultaneously 4.4.2.7 Emergency power, light and system controls; and status indicators 4.4.2.8 Telephone and internet access for fire department use 4.4.2.9 Emergency and standby power status indicators 4.4.2.10 Generator supervision devices and manual start and transfer features 4.4.2.11 Public address system, where specifically required by other sections of this Code 4.4.2.12 Controls required for smoke control 4.4.2.13 Important keys to include 4.4.2.13.1 Elevator machine room 4.4.2.13.2 Elevator hoistway door access key 4.4.2.13.3 Side access door elevator car key 4.4.2.13.4 Electric room keys 4.4.2.13.5 Fire pump room keys 4.4.2.13.6 Mechanical room keys 4.4.2.13.7 Any master key 4.4.2.14 As built drawings. Specific types and format of drawings to be determined by the Office of the State Fire Marshal at time of plan review. 4.4.3 The fire command center shall be separated from the remainder of the building by one-hour construction and equipped with a heating, ventilating and air conditioning system that will prevent smoke laden air from entering the space. 47

Item 6. 4.4.4 It is not the intent of this section to require a room dedicated for this purpose, but the area provided must be available for immediate use in case of emergency. 4.4.5 The room shall be a minimum of 96 square feet with a minimum dimension of 8 feet. 4.4.6 The fire command room door shall be clearly identified for use by the fire department. 4.5 Smoke Management Systems 4.5.1 Large area buildings shall be equipped with a smoke management system approved by the Office of the State Fire Marshal, designed in accordance with §4.5.2 or §4.5.3, and shall be capable of being operated by the fire department. 4.5.2 This smoke control system shall, at a minimum, consist of manually operated smoke vents installed in accordance with the Standard for Smoke and Heat Venting, NFPA 204 with the following criteria: 4.5.2.1 One, 100 sq. ft. vent per 25,000 sq. ft. of floor area. 4.5.2.2 Each vent shall be centrally located within the 25,000 sq. ft. protected area. 4.5.3 Large Area buildings using mechanical means of smoke management shall be installed in accordance with NFPA 92A, NFPA 92B and approved by the Office of the State Fire Marshal. Such system shall provide the following: 4.5.3.1 Egress Stair Tower Pressurization if stairs are more than three (3) communicating floor levels 4.5.3.2 Area of Refuge Pressurization 4.5.3.3 Horizontal Exit Passageway Pressurization 4.5.3.4 Fire Floor or Fire Area Smoke Exhaust 4.5.3.5 Other Criteria as deemed necessary by the Office of the State Fire Marshal for Unusual Spaces 4.5.4 Smoke management system operation/actuation shall be approved by the Office of the State Fire Marshal. Note: As per NFPA 92A and NFPA 92B, the smoke management system shall be provided with a graphic annunciator and manual override panel to be located in the fire command center. The design and operation of the graphic annunciator shall be approved by the Office of the State Fire Marshal. 4.6 Standby Power, Light, and Emergency Systems. 4.6.1 Large area buildings shall be equipped with standby power, light, smoke management system and emergency systems which shall comply with the provisions of the Standard for Emergency and Standby Power Systems, NFPA 110, as adopted and/or modified by these Regulations. Exception: If the occupancy is such that “standard” battery operated emergency systems (emergency lighting, exit signs, fire alarm signaling system backup power, etc.), are deemed to be adequate by the State Fire Marshal. 13 DE Reg. 629 (11/01/09) 19 DE Reg. 843 (03/01/16) APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 48

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: 1436 New Burton Road FILE#: S-20-08 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. In December 2019, DelDOT issued a Letter of No Objection for the above project. The plan we approved had 635K business park. The current plan is for 457.5KSF manufacturing facility. The developer should submit a record plan to DelDOT to receive an updated Letter of No Objection. 49

Item 6. From: Wright, Stephen G. (DelDOT) To: Jamie Sechler Cc: mglick@lhconstruction.com; Nyarko-Appiah, Nana (DelDOT); Fiori, John (DelDOT) Subject: RE: NEW BURTON ROAD Date: Tuesday, August 20, 2019 1:22:20 PM Attachments: image001.png Jamie, I met with Drew last week regarding the non-motorized access to the 1436 New Burton Road project in regards to the State Strategies requirement for a Level 1 investment area that state the project must provide for the non-motorized access. Drew was unwilling to waive the pedestrian access requirements. The solution from his perspective for a State Strategies Level 1 is a pedestrian route the across the full frontage of the site, with crossings to adjacent routes. He noted that if Traffic has not triggered the intersection signal needs at this time, the crossing of POW/MIA would need to be satisfied with a rapid flashing beacon system similar to those that exist both north and south of your site on the POW/MIA, or other means approved by Traffic. Drew did agree with the pedestrian coordinator that in this specific case a pedestrian route along your site frontage from north to south is something that DelDOT is willing to forego, as long as the crossing to the Wyoming Mill Rd Spur and POW/MIA shared-use path on the west side of the road is designed and built and the connection is made to an internal pedestrian system. If you have any questions or concerns, please feel free to contact me at your convenience. Stephen G. Wright, P.E. Engineering Program Manager I Development Coordination – Kent County Division of Planning Delaware Department of Transportation 302.760.2162 stephen.wright@delaware.gov From: Nyarko-Appiah, Nana (DelDOT) Sent: Tuesday, August 13, 2019 8:24 AM To: jls@dbfinc.com Cc: mglick@lhconstruction.com; Wright, Stephen G. (DelDOT) Subject: NEW BURTON ROAD Jamie, Please note the following phone number: (302) 760-2701. Please call in this number for today’s meeting. Thank you, Nana Nyarko-Appiah Kent County Project Engineer Division of Planning Delaware Department of Transportation nana.nyarko-appiah@delaware.gov (302) 760-2145 50

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P:\FourM\PRELIMINARY\PRELIMINARY.dwg Sep 03 , 2020 - 2:35pm resd 0 100 200 300 DAVIS, BOWEN & FRIEDEL, INC. ARCHITECTS ENGINEERS SURVEYORS 54 Item 6.

P:\FourM\PRELIMINARY\PRELIMINARY.dwg Sep 03 , 2020 - 2:35pm resd 0 100 200 300 DAVIS, BOWEN & FRIEDEL, INC. ARCHITECTS ENGINEERS SURVEYORS 55 Item 6.

P:\FourM\PRELIMINARY\PRELIMINARY.dwg Sep 03 , 2020 - 2:36pm resd 0 100 200 300 DAVIS, BOWEN & FRIEDEL, INC. ARCHITECTS ENGINEERS SURVEYORS 56 Item 6.

Item 6. Michael R. Wigley, AIA, LEED AP W. Zachary Crouch, P.E. Michael E. Wheedleton, AIA Jason P. Loar, P.E. Ring W. Lardner, P.E. Jamie L. Sechler, P.E. September 1, 2020 City of Dover Planning Commission 15 Loockerman Plaza Dover, DE 19901 RE: U.S. Corrugated Tax Map 2-05-08500-01-0700 Members of the Planning Commission, Please find the following narrative as part of the above Performance Standards Application to demonstrate compliance with the performance standards outlined and required in Article 5, Section 8 of the City of Dover Municipal Code. The proposed project consists of necessary site, Utility, stormwater management, parking lot and road construction that will support the construction of the US Corrugated of Delaware manufacturing plant. The facility will consist of Precast Concrete Wall Panel construction, Steel Framing, and slab on grade foundation. The use of the site will be in the fabrication of Corrugated packaging and Displays as well as warehousing. The manufacturing process will include Corrugating rolls of containerboard into 3 ply Corrugated and then printing, die-cutting, folding, and gluing this board into customer specific structure. We do not anticipate any violations listed in Article 5, Section 8.1 and 8.5. Each standard is addressed below: 8.51 Fire and explosive hazards: Adequate fire suppression and firefighting equipment will be on site. A site plan is provided to the City of Dover Fire Marshal to confirm access requirements for emergency personnel and fire hydrant coverage. The building will have a full sprinkler system designed for our specific manufacturing process and materials used in the process. The fire protection system will be designed to comply with NFPA requirements and other regulations that might apply. Additionally, the City of Dover Fire Marshal will have full review of Fire Suppression Systems proposed as well as all Life Safety items (Exits, Evacuation Plan, etc.) We have no known explosive hazards. 8.52 Radioactive or electromagnetic disturbance: No radioactive materials will be stored or used, and no electromagnetic disturbances will occur. ❑ 601 E. MAIN STREET, SUITE 100, SALISBURY, MD 21804-5021 • 410.543.9091 ❑ 1 PARK AVENUE, MILFORD, DE 19963 • 302.424.1441 ❑ 106 NORTH WASHINGTON ST, SUITE 103, EASTON, MD 21601• 410.770.4744 57 www.dbfinc.com

Item 6. 8.53 Noise: Noise levels will be consistent with light manufacturing activities including material handling, rail delivery, manufacturing equipment and outgoing tractor trailers. The highest noise will be incoming and outgoing transportation. 8.54 Vibration: No anticipated vibration levels 8.55 Smoke: No activities generating smoke 8.56 Odors: No activities generated offensive odors. 8.57 Fly ash, dust, vapors, gases and other forms of air pollution: No air pollution will be emitted from the building. Vehicles will drive on asphalt mitigating dust generation. A natural gas fired steam generating boiler will be operated for our manufacturing process which will meet all Delaware requirements for emissions and will require testing and an operating permit. 8.58 Glare: No exterior light s will produce glare. Infrequent welding will take place inside the containment of the building. Signage will be designed to mitigate glare. 8.59 Liquid or solid waste: All ink wash-up water will be treated by an ink treatment filtration system. All chemical or fuel spills will be treated with a chemical of fuel spill kit and will be disposed of appropriately. A minimum of two dumpster pads will be located on-site and serviced by a private hauler. In compliance with local requirements, we will not stage or maintain any uncovered dumpsters on the property. 8.60 Traffic congestion: We do not anticipate any traffic congestion caused by this site. Traffic entering and exiting the site will be minimal except during start and ending of shifts. DelDOT has approved our site access & offsite construction plans which include a right turn lane and left turn lane from POW/MIA Hwy. We hope this addresses compliance of the proposed project with Article 5, Section 8 of the City of Dover Code. Should you have any questions regarding this submission, please contact me at (302) 424-1441 or via. e-mail at jls@dbfinc.com Sincerely, Davis, Bowen & Friedel, Inc. Jamie L. Sechler, P.E. Principal 58

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Item 7. City of Dover DATA SHEET FOR SITE DEVELOPMENT PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF: October 7, 2020 PLANNING COMMISSION MEETING OF: October 19, 2020 Plan Title: Union Wholesale Warehouse Dover Facility at 679 Horsepond Road Plan Type: Site Development Plan Location: East side of Horsepond Road and south of S. Little Creek Road Address: 679 Horsepond Road, Dover, DE Tax Parcel: ED-05-078.00-01-11.00-000 Owner/Applicant: JACJIM, LLC Property Area: 2.003 acres Zoning: C-3 (Service Commercial Zone) AEOZ (Airport Environs Overlay Zone) • APZ II (Accident Potential Zone II) • 70 DNL B (Noise Zone B) Present Use: Wholesaler (one warehouse building with office located at the front) Proposed Use: Wholesaler (addition of a 9,000 SF warehouse) Building Area: Existing – 4,983 SF Proposed – 9,000 SF Total – 13,983 SF Off Street Parking: Required – 47 spaces Proposed – 47 spaces Sewer & Water: City of Dover Waivers Requested: Elimination of Sidewalk Elimination of Bicycle Parking Reduction in Required Parking Spaces P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 61

Item 7. City of Dover CITY OF DOVER Planning Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 7, 2020 APPLICATION: Union Wholesale Dover Facility at 679 Horsepond Road FILE #: S-20-09 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Samantha Bulkilvish, Planner I PHONE #: (302) 736-7196 I. PLAN SUMMARY This application is for Review of a Site Development Plan Application to permit construction of a 9,000 SF Warehouse and site improvements adjacent to an existing 4,983 SF Warehouse and Office Building. The Plan also shows additional parking and landscaping to meet code requirements. The property measures 2.003 acres +/- and is located on the east side of Horsepond Road approximately 630 feet south of S. Little Creek Road. The property is zoned C-3 (Service Commercial Zone) and is subject to the AEOZ (Airport Environs Overlay Zone) APZ II and Noise Zone B. The owner of record is JACJIM, LLC. Property Address: 679 Horsepond Road. Tax Parcel Number: ED-05-078.00-01-11.00-000. Council District 2. Previous Applications The subject property was annexed into the City in June of 2020. As part of the Annexation Application AX-20-03 Lands of JACJIM, LLC., the applicant expressed interest in annexing into the City to take advantage of the sewer and water with the intent of expanding his business. At the time of annexation, the property consisted of a 4,983 SF warehouse building with an office at the front on a well and septic and associated parking. As part of the annexation process, the zoning of the property was changed from BG (General Business) to C-3 (Service Commercial Zone) and located in the AEOZ (Airport Environs Overlay Zone). II. PROJECT DESCRIPTION The Site Development Plan provided for review shows the addition of a 9,000 SF warehouse and the associated parking and other site improvements. The parcel is located on the east side of Horsepond Road, south of South Little Creek Road. The 2.003-acre parcel is wedge shaped and is zoned C-3 (Service Commercial Zone) and is in the AEOZ (Airport Environs Overlay Zone). The parcels to the north are zoned C-3 (Service Commercial Zone) and are part of a small business park. The property to the south is zoned IO (Institutional and Office Zone) and has the Dover Behavioral Health System Facility on it. Planning Staff has received a Waiver Request for the Elimination of the Sidewalk Requirements noting that there are currently no sidewalks on the neighboring properties for them to tie into. There are also existing roadside swales along the site frontage that would impede the 62

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 2 construction of such sidewalks. Planning Staff also received a copy of the Letter of No Contention (LONC) from the DelDOT dated May 6, 2020 explaining that no further improvements would have to be made to the site entrance or adjacent roadway. A second waiver was received for the reduction in the number of required parking spaces by not more than 50 percent. The use or number of employees on site does not warrant the forty-seven (47) spaces required. The applicant has requested a reduction to twenty-four (24) spaces noting the area will remain if the need for additional parking spaces should arise in the future. III. ZONING REVIEW C-3 Zoning District The property is zoned C-3 (Service Commercial Zone) and subject to the regulations of Zoning Ordinance, Article 3 Section 15 and Article 4 Section 4.15. The proposed continued use as a wholesaler is a permitted use in the zoning district. AEOZ (Airport Environs Overlay Zone) The property is also subject to the AEOZ (Airport Environs Overlay Zone). In this case, the property is located in the Accident Potential Zone II (APZ II) and the Noise Zone Area B. The AEOZ is intended to protect the public health, safety, and welfare by identifying high levels of aircraft noise, and the potential for aircraft accidents associated with airport operations, by regulating land use and the construction of buildings within such areas. The intent of the Overlay Zone and the compatible land uses in the AEOZ are given in Article 3 Section 22 of the Zoning Ordinance. The use as wholesale trade is a permitted use in both the APZ II Zone and the Noise Zone Area B. See Code excerpt below. Article 3 Section 22.6 Land use compatibility table. LAND USE COMPATIBILITY TABLE Accident Potential Noise Zones in DNL dBA Zones SLUCM Name A B C No. Clear D APZ I APZ II 65— 70— 75— Zone 80+ 69 74 79 10 Trade 11 Wholesale trade N Y5 Y Y1 Y2 Y3 Y4 Retail trade-building materials, hardware and farm 11.11 N Y5 Y Y1 Y2 Y3 Y4 equipment 11.12 Retail trade-general merchandise N N Y5 Y1 Y2 Y3 N 11.31 Retail trade-food N N Y5 Y1 Y2 Y3 N Retail trade-automotive, marine craft, aircraft and 12 N Y5 Y5 Y1 Y2 Y3 N accessories 13 Retail trade-apparel and accessories N N Y5 Y1 Y2 Y3 N Retail trade-furniture, home furnishings and 14 N N Y5 Y1 Y2 Y3 N equipment 63

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 3 15 Retail trade-eating and drinking establishments N N N Y1 Y2 Y3 N 16 Other retail trade N N Y 5, 9 Y1 Y2 Y3 N Y (Yes)—Land use and related structures are compatible without restriction. N (No)—Land use and related structures are not compatible and are prohibited. Yx (yes with restrictions)—Land use and related structures generally compatible; see Notes 1—12. NLR (Noise Level Reduction)—NLR (outdoor to indoor) to be achieved through incorporation of noise attenuation measures into the design and construction of the structures. NOTES: 1 Require NLR of 25dB for DNL A. 2 Require NLR of 30dB for DNL B. 3 Require NLR of 35dB for DNL C. 4 Require NLR of 40dB for DNL D. 5 Require NLR of noise zone and building location and site planning, and design and use of berms and barriers can help mitigate outdoor exposure, particularly from near ground level sources. Measures that reduce outdoor noise should be used whenever practical in preference to measures which only protect interior spaces. 6 Require NLR of noise zone and special sound reinforcement systems are installed. 7 Associated residential uses require NLR of noise zone. 8 Structures are not permitted and personnel should wear hearing protection devices. 9 Facilities shall be low intensity. 10 No passenger terminals and no major aboveground transmission lines in APZ I. 11 Excludes chapels. 12 Maximum density of one dwelling unit per acre. IV. PARKING SUMMARY The parking requirement for any use in the C-3 Zoning District is outlined in the bulk requirements under Article 4 Section 4.15 at one parking space per every 300 SF of building area. Based on the total building area proposed at 13,983 SF, there would be a requirement of 47 parking spaces. The plan shows a total of 47 parking spaces including handicapped accessible spaces. The applicant has submitted a waiver request for the reduction of parking to 24 parking spaces and has included an exhibit to demonstrate where the parking spaces would remain to accommodate a loading area clear of any obstructions. The original parking area at the front and the north side of the existing building is to remain. The additional parking will be located around the perimeter of the site. Waiver Request: Reduction in the Number of Required Parking Spaces The applicant is requesting a reduction from the required forty-seven (47) parking spaces to twenty-four (24) spaces. They are proposing to remove twenty-three (23) spaces by removing the 64

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 4 row of spaces along the northern edge of the property and adding back in two (2) parking spaces along the eastern edge of the proposed paved lot. This is clearly shown in the parking exhibit submitted with the Reduction of Parking Waiver. The applicant in their waiver request explains that the need for forty-seven (47) parking spaces is too great as there will never be that many employees on the site at one time and there are very infrequent occasions that customers would be coming to this location. The applicant also mentions that the paved area will remain and that the parking spaces can be striped if needed in the future. Loading Spaces Buildings used for wholesale and storage require loading spaces at rate of one space per 5,000 to 10,000 SF and one space per each additional 10,000 SF or fraction thereof. In this case the proposed warehouse building will require at a minimum one loading space. The plan shall show a loading area of a minimum of 12 feet wide by 60 feet long. The parking exhibit submitted with the Reduction of Parking Waiver shows the loading area and will be added to the Final Plan before approval is granted. Bicycle Parking The site is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. Based on the 47 parking spaces specifically required for this site, at least three (3) bicycle parking spaces are required for the project. The plan shall show the location of the proposed bicycle parking. Waiver Request: Elimination of Bicycle Parking The applicant has requested an elimination of the bicycle parking requirement of one bicycle parking space for every 20 vehicle parking spaces. In this case, the total required bicycle parking spaces would be three (3). If the Parking Reduction Waiver is granted the applicant would still be responsible for providing two (2) bicycle parking spaces. The applicant states in their request that they do not expect any bicycle activity with the use being a warehouse. This use would not attract outside patrons who may be traveling by bicycle. The applicant also noted that the site could accommodate bicycle parking should it be determined it is needed in the future. V. SITE CONSIDERATIONS Access The main entrance to the site is along Horsepond Road approximately 800 ft. south of S. Little Creek Road. The applicant has received a Letter of No Contention (LONC) from DelDOT stating that no further improvements to the site entrance or adjacent roadway would be required. Sidewalks/Pedestrian Circulation Waiver Request: Elimination of Sidewalk The applicant is requesting a waiver from the required sidewalk along the street frontage. The applicant states that, “there are no existing walkways along the north (east) side of Horsepond Road to connect into at either of the adjoining properties, the site use does not expect to generate or attract additional pedestrian, bicycle, or other non-motorized trips and there is an existing roadside swale along the site frontage that contributes to making its constructability impractical.” 65

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 5 In addition to the items pinpointed by the applicant as to why the construction of a sidewalk would be difficult there are large electric transmission lines along the entire frontage and along the south side of the property. There is a sidewalk on the opposite side of Horsepond Road across the entirety of the property occupied by the Fordham & Dominion Brewing Company at 1277 McD Drive. Staff would suggest adding a sidewalk connection from the edge of the road pavement just south of the mailbox to the internal site to act as a connection if the sidewalk along the frontage were to ever be a requirement in the future. Staff notes that the topology and drainage in the area would have to be considered prior to the installation of the sidewalk. This small sidewalk would also provide a safer connection for pedestrians to the site rather than using the driveway. Lastly, there is a large shoulder along the east side of Horsepond Road for a majority of the frontage of the property that can act as a travel lane for pedestrian or bicycle traffic. Lighting Article 5 §7.1 stipulates that lighting shall provide no less than 1.5 foot-candles at grade. Light shall also be deflected away from adjacent residential areas and shall not be distracting to traffic on adjacent roads. Lighting can be freestanding or attached to the proposed warehouse building. Lighting is not currently shown on the Plan. Dumpsters The warehouse buildings are required to have two (2) dumpster pads based on the size of the warehouse building at a rate of two per the first 80,000 SF with one required for each additional 40,000 S.F. Thus, it requires two dumpsters to be shared amongst the total of 13,983 SF of warehouse buildings proposed. A dumpster enclosure is required by Zoning Ordinance, Article 5 Section 6.11 as the dumpster will be visible from the adjacent property. Screen on three sides is required, but a gate across the front of the enclosure is not necessary in this situation. Curbing The upright curbing for parking lots and drive aisles is required the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. This curb type appears to be utilized throughout the project area around the portions to be constructed. There are curb cuts located at the necessary access points to the stormwater management system, but none of which are located in a parking area. There is currently no curbing around the existing parking area; however, there are curb stops at the front of each parking space. Staff accepts this as an existing condition and does not require there to be upright curbing in the existing area in the vicinity of the existing building that is not to be disturbed by proposed construction. VI. BUILDING ARCHITECTURE Photos of the current warehouse building were submitted to demonstrate the building architecture of the proposed building would match the existing building. An architectural rendering of the proposed building was not submitted. The existing building on the property is outfitted with a medium blue metal siding in a vertical pattern with white garage doors and trim. Additional details regarding the building height are needed to ensure that it will comply with the height restrictions of the AEOZ (Airport Environs Overlay Zone). VII. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping Plan for the overall project. With the tree planting requirement of one tree per 3,000 SF of area and the parcel being 2.003 acres or 87,250.68 SF, 66

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 6 the total number of required trees is 30 trees. The Landscape Plan is providing a mixture of trees to provide a total of 30 trees on the site. The evergreens are mainly focused along the shared property line with Dover Behavioral Health. Shade trees are located along the parking areas and ornamental trees are focused along the front of the property. There are three Arborvitae proposed between the sewer and water lines along the south edge of the property. Please be aware that all plantings must be a minimum of 10’ from any utilities. VIII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for Code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) Bicycle parking for three (3) bicycles is required on this site based on the number of vehicle parking spaces provided. A waiver request has been submitted. Please clarify the location of the bicycle parking and provide details on what this might look like. 2) A minimum of one loading space is required measuring 12 feet by 60 feet in accordance with the Zoning Ordinance. Please identify the location of loading area on the Site Plan. 3) A waiver request for the elimination of the required sidewalk along the frontage of the property was submitted. 4) Parking for uses in the C-3 (Service Commercial Zone) is required at 1 parking space per every 300 SF of building area. This project is required to have 47 parking spaces, but a waiver request for a reduction in parking to 24 parking spaces has been submitted. 5) The dumpster is required to have a dumpster enclosure around at least three sides of the dumpster location. Please show this on the Plans and provide details on materials and enclosure height. 6) Please show the location of any proposed lighting on the property. 7) Cover Sheet: a. Site Data Column: i) Please include the project number S-20-09 ii) Please include the height restriction of 60 ft. for buildings in the AEOZ. iii) Please provide the height of the proposed warehouse building. iv) Please add the required and proposed number of bicycle parking spaces. v) Please add the required and proposed number of loading spaces. 8) Landscape Plan: a. Please include a label for the three Arborvitae shown along the south edge of the property. b. Please demonstrate on the plan that the Arborvitae are at least 10 feet from the neighboring utilities. 67

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 7 9) Building Architecture a. Please include architectural information for the proposed warehouse building. Planning Staff request information on the height and a front elevation of the proposed warehouse. 10) Any Sediment & Stormwater Management Plans granted approval by the Kent Conservation District must reflect the Site Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. IX. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Recommendation on Waiver Requests: a. Elimination of Sidewalk – Staff recommends approval of the waiver request for the required sidewalk along the frontage of the property. There is unique topology with drainage issues along the front of the property and large electrical transmission pole lines that would impact designed location of a sidewalk. There is a paved shoulder along the roadway of the property frontage. Additionally, there is sidewalk along a portion of the westside of Horsepond Road directly across from the property. This type of warehouse use is unlikely to generate pedestrian trips. Staff suggests including a sidewalk connection from the Right-of-Way to the interior of the property just south of the current location of the mailbox as this is the flattest area that would support the connection and would increase pedestrian safety by avoiding the vehicle traffic making use of the driveway. Staff understands that the feasibility of this small sidewalk is still to be determined as the topology and drainage in the area would have to be looked at in more detail. b. Reduction in the Number of Required Parking Spaces – Staff recommends approval of the waiver request for the reduction in the number of required parking spaces. The applicant has expressed that the number of required parking spaces is in excess of the number of employees or customers that would be on the site at any one time. The area where the spaces are to be removed would be better used as a loading area and would allow for easier truck maneuvering for loading and unlading supplies. The area is to remain paved and would allow for the striping of additional parking spaces should the need arise in the future. c. Elimination of Bicycle Parking – Staff recommends a reduction in the number of required bicycle parking spaces required from three (3) to a minimum of one (1). Having a designated parking space will prevent someone from locking a bike to a tree or structural element of the building reducing the chances of damage to the trees or the structure. While there will be no bicycle traffic from patrons there may be an employee who wishes 68

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 8 to bike to work at this location from time to time. Staff also feel that since the company specializes in remodels of institutions like schools it could be an opportunity to showcase a product to potential customers. 2) Pedestrian Connections: Staff recommends that the applicant show a sidewalk connection from Horsepond Road just south of the mailbox to the interior of the site leading towards the office entrance of the existing building. This on-site linkage will provide a safe means for pedestrians entering the site rather than having to use the driveway which may be occupied by large vehicle traffic. Staff understand that this linkage may be waived if the physical characteristics of the property would make the installation of a sidewalk impractical or impossible. 3) Curbing: Staff recognizes that there is not curbing located in the existing portion of the parking area on the site and will not require the addition of curbing in areas that will not be disturbed by construction. Curbing is provided and shown on the Plan within the area of disturbance. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives may be accepted or rejected by the Planning Commission. X. ADVISORY COMMENTS TO THE APPLICANT: 1) The Planning Commission should act upon any requests for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. The Commission may approve or deny waiver requests. 2) If major changes and revisions to the Site Development Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of the building, relocation of site components like stormwater management areas, and increases in floor area count. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 3) In the event that there are changes to the architecture, building footprint, layout or square footage of the building contact the Planning Office. These changes may require review by the Planning Commission. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) Following Planning Commission approval of the Site Development Plan, the Plan must be revised to document all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in 69

Item 7. S-20-09 Union Wholesale Dover Facility at 679 Horsepond Road DAC Report of October 7, 2020 Page 9 order to achieve Final Plan approval. 6) For building new construction, the requirements of the building code and the fire code must be complied with. Consult with the Chief Building Inspector and City of Dover Fire Marshal for these requirements. The resolution of these items may impact the site design including such items as building dimensions and height, building openings, and fire protection needs, etc. 7) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate Site Plan approvals, Pre-Construction meetings, site inspections and permits are required. 8) Construction may have an effect on the adjacent property owners and visitors. Any work requiring the closing or rerouting of residents or visitors should be coordinated as to offer the least amount of inconvenience. 9) The applicant shall be aware that Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 70

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Union Wholesale Dover Facility at 679 Horsepond Road FILE #: S-20-09 REVIEWING AGENCY: City of Dover Public Works Department CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. STREETS 1. Final site plan approval will not be granted until a copy of the entrance plan approval or letter of no objection from DelDOT is submitted to our office. SANITATION 1. The plan shows trash and recycle containers in a location that cannot be serviced by the City of Dover. Revise the plan to note that private solid waste collection services will be provided the site / parcel. GENERAL 1. One paper copy of the final site plan must be submitted to our office for approval. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION 1. None. GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 71

Item 7. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Union Wholesale Dover Facility at 679 Horsepond Road FILE #: S-20-09 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 4. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve 72

Item 7. Union Wholesale Dover Facility at 679 Horsepond Road File #: S-20-09 September 30, 2020 Page 2 of 3 should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail for the proposed restraining system for the fire main located within the buildings. The Department of Water & Wastewater will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 4. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of- way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. 5. Sizing (flow) calculations must be submitted for all sanitary sewer laterals (other than for single-family dwellings) showing that velocity and all other requirements are met. 6. A hydraulic system analysis shall be provided for the grinder pump including force mains. It shall include the calculation of the system-head curves and the use of these curves in conjunction with the characteristic curves of available pumps. This grinder pump will be privately maintained, as it only serves this property. A check valve and curb stop shall be installed on the property line 7. If kitchen facilities are proposed a minimum 1,000 gallon, two chamber grease trap, meeting all Kent County ordinance requirements, must be provided. A construction detail for the proposed grease trap, as well as the proposed location, must be provided on the plan. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. No trees may be planted within ten feet (10’) of utility infrastructure. 3. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). 73

Item 7. Union Wholesale Dover Facility at 679 Horsepond Road File #: S-20-09 September 30, 2020 Page 3 of 3 RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Prior to plan approval, the water system plans must be submitted to the Division of Public Health, Office of Drinking Water for review and approval. The owner/developer will be responsible for providing all completed forms and plan sets to the City of Dover as required for submission to the Office of Drinking Water. Plans will not be submitted to the Office of Drinking Water until review has been completed by our office. 3. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 4. Water impact fees will be required to be paid prior to Certificate of Occupancy for this project. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Prior to plan approval, it may be required to submit the sanitary sewer system plans to the DNREC, Division of Water Resources, Surface Water Discharges Section for review and approval. The owner/developer is responsible for providing all application fees, completed forms and plan sets directly to DNREC. 3. Profiles of the sanitary sewer main must be provided with the construction plans. All water, sanitary sewer and storm sewer crossings must be shown on the profiles. 4. Wastewater impact fees will be required to be paid prior to Certificate of Occupancy for this project. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. This project will require a State Utility Permit to be submitted to Delaware Department of Transportation. This application shall be created by the developer. 3. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 74

Item 7. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Union Wholesale Dover Facility at 679 Horsepond Road FILE #: S-20-09 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT PHONE #: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 75

Item 7. Union Wholesale Dover Facility at 679 Horsepond Road File #: S-20-09 September 30, 2020 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 76

C F S-20-09 I IItem 7. T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/30/20 D S O H V A E L APPLICATION: Union Wholesale Dover Facility at 679 Horsepond Rd R FILE #: S-20-09 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed occupancy classification is warehouse 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be 50% (25% if sprinklered) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 5. Where overhangs, canopies, balconies, or any other building or site features must project over any fire lane, an unobstructed vertical clearance of not less than 13’-6” above the fire lane shall be provided and the portion of the building perimeter which contains overhangs, canopies, balconies, or any other building features shall not apply towards the fire lane accessibility requirements of Section 4.0, Table 5-1 in this chapter. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.8) 77

Item 7. 6. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. 7. Street width shall be in accordance with City of Dover Code of Ordinances, Appendix A, Article VII, Section A. 13, Residential areas 24 feet wide with no parking, 30 feet wide with parking on one side, or 36 feet wide with parking on both sides Commercial areas 26 feet wide with no parking, 32 feet wide with parking on one side, or 38 feet wide with parking on both sides Alley 12 feet wide Any dead-end road more than 300 feet in length shall be provided with a turnaround or cul-de- sac as outlined in the 2015 Delaware State Fire Prevention Regulations 705, chapter 5, 2.3. 8. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 9. Gated Areas: Fire Department access shall be provided to the property through the use of a system or device approved by the Fire Marshal. The system or device required shall be located in an area accessible to the fire department and approved by the Fire Marshal. All gates shall be either automatic or manual. An automated system shall consist of one manual and one automated means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the system. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of both the manual and automated means. A manual gate shall consist of one manual means to open the gate. The owner or their representative shall meet with the Fire Marshal prior to submission to agree on the means to open. A letter of agreement shall be created and signed by both parties. The letter shall include a detailed description of the manual means to open. To be considered accessible for fire department apparatus the actual clear openings shall be not less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate shall be setback from the perpendicular street by at least 50 feet. Please contact this office to discuss options available to comply with this requirement. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6) 10. All fire hydrants shall be marked as prescribed within the appropriate section of this regulation and as illustrated by the appropriate figures of this regulation. All fire hydrants shall have minimum of four-inch (4") solid yellow demarcation lines to define specific areas, where fire hydrants are located along a curb line with permitted parking, the area between the fire hydrant and the street or fire lane shall be stenciled with four inch (4") 78

Item 7. demarcation lines and the words "NO PARKING", demarcation lines shall be measured from the center line of the fire hydrant and extend for a distance 15 feet on both sides. Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows: fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing, Minimum four-inch (4") diameter steel bollards filled with concrete and marked yellow shall be installed at the outermost corners of the fire hydrant demarcation area. The minimum height of the bollard shall be 36 inches above the finished grade of the adjacent surface, and the steamer connection of all fire hydrants shall be positioned so as to be facing the edge of the street, or traffic lane. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 6, 2) The owner is responsible if the hydrant is private. 11. Hydrant barrels shall be provided with reflective material, such as paint, durable for highway/roadway markings or a reflective tape of a minimum of 2” in width around the barrel under the top flange, hydrant bonnets shall be color coded based on the following criteria: class AA 1500 GPM - painted light blue, class A 1,000 GPM -1499 GPM - painted green, class B 500 - 999 GPM - painted orange, class C 250 - 499 GPM - painted red, class D under 250 GPM - painted black. (2015 Delaware State Fire Prevention Regulations 703, Chapter 3. 4) The owner is responsible if the hydrant is private. 12. NFPA 72 compliant Fire Alarm System TBD per occupancy code requirements. Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 13. Sprinkler system TBD. System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted 79

Item 7. for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 14. Fire Department Connection is to be a 5-inch stortz connection on a 30-degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 80

Item 7. 15. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 16. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 17. If there is any type of rack storage, the following will be required: 1) a diagram showing the layout and type of rack system 2) a list and quantity of items being stored 3) a letter from an authorized/licensed fire suppression contractor stating that in rack sprinklers are or are not needed. If in rack sprinklers are not needed, a letter may be requested from an authorized/licensed fire suppression contractor to ensure that the sprinkler system is adequate for the storage presented. 18. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 19. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. 81

Item 7. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) 20. TBD A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level 82

Item 7. 21. All required means of egress shall have an exit discharge consisting of a non-slip surface and leading to and terminating at a public way. 22. Project to be completed per approved Site Plan. 23. Full building and fire plan review is required. 24. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 25. Construction or renovations cannot be started until building plans are approved. 26. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until the permit is approved. 27. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Need to discuss installing a fire hydrant near the proposed building. 2. Please advise this office of what is going to be stored in the warehouse and how it is being stored. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 83

Item 7. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Union Wholesale (AKA 679 Horsepond Road) FILE#: S-20-09 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. May 6, 2020 DelDOT issued a Letter of No Contention for the above project. The plan DelDOT approved is the same land uses proposed. DelDOT has no comments 84

Item 7. B A A B INFILTRATION BASIN SECTION A-A SCALE: HORIZONTAL 1" = 10' VERTICAL 1" = 2' R AT EB INFILTRATION BASIN L CE 25 IN G SECTION B-B YEARS 19 9 5 - 20 2 0 SCALE: HORIZONTAL 1" = 10' VERTICAL 1" = 2' 85

Item 7. FERGUSON PLUMBING SUPPLY GENERAL FLOOR SWM ARB ARB ARB QPH 3-PT BASIN BOTTOM SEED MIX AREA QPH D OVERHEA QPH 10--JV LINES BASIN BOTTOM SEED MIX AREA PLANTING SCHEDULE NES TYPE KEY # BOTANICAL AND COMMON NAME MINIMUM SIZE LI EAD T ARB 4 ACER RUBRUM’ BOWHALL’ - BOWHALL RED MAPLE 2.0” - 2.5” CAL. BB BRANCHED AT MINIMUM 6’ ABOVE GRADE 12’ HT. E RH T ^SAJ 2 SYRINGA RETICULATA ‘ IVORY SILK’ - TREE LILAC 2.0” - 2.5” CAL. BB ARB OV T QPH 3 QUERCUS PHELLOS - WILLOW OAK 2.0” - 2.5” CAL. BB BRANCHED AT MINIMUM 6’ ABOVE GRADE 12’ HT. ^ -SUITABLE FOR PLANTING UNDER ADJACENT TO OVERHEAD ELECTRIC LINES 5-IO E IO 5 ILEX OPACA ‘MERRY CHRISTMAS’ - AMERICAN HOLLY 6’ - 8’ BB E JV 10 JUNIPERUS VIRGINIANA EMERALD SENTINEL - E.S. JUNIPER 6’ - 8’ BB E PT 3 PINUS TAEDA - LOBLOLLY PINE 6’ - 8’ BB E TOE 3 THUJA OCCIDENTALIS EMERALD GREEN - NARROW ARBORVITAE 6’-8’ BB KEY - T = TREE, E = EVERGREEN TREE ST = STREET TREE O = UNDERSTORY TREE S = SHRUB P = PERENNIAL G = GRASSES, GC = GROUND COVER H = HERBACEOUS RF = REFORESTATION B = BULBS V = VINES DOVER BEHAVIORAL HEALTH SEED MIXTURES H OVER SAJ GENERAL USE AREAS AND BASIN SIDES NO - 11 BIO AREA BASIN BOTTOM - 4 EAD L NO MULCH MOUNDS N ES OVER TREE OR SHRUB INES D LI FROM THE DELAWARE ESC HANDBOOK A TRUNKS OR STEMS R HE SEEDING MIXTURES SEEDING RATE OPTIMUM SEEDING DATES SAJ E OV 3- O= OPTIMUM A = ACCEPTABLE PLANTING PERIOD MIX NO CERTIFIED SEED LBS/AC LBS/1000 COASTAL PLAIN PIEDMONT ALL SQ FT 2/1- 5/1- 8-15- 3/1- 5-1- 8-1/ 10-31- 2-1 4/30 8/14 10/31 4/30 7/31 10/31 4 STRONG CREEPING RED FESCUE 100 2.3 O A O O A O KENTUCKY BLUEGRASS 70 1.0 O A O O A O TREE DENSITY PER SECTION 16.62 PERENNIAL RYEGRASS 15 0.35 NON WOODLAND : 1 TREE PER 3000 SF REDTOP 5 .11 PARCEL : 2.00 acres at one tree / 3000 sf. = 29 trees required PLUS WHITE CLOVER 3 .07 30 trees provided NOTE : ALL PLANTINGS SHALL HAVE A ONE YEAR REPLACEMENT GUARANTEE. 11 TALL FESCUE 100 2.3 O A O O A O REPLACE PLANTS IN KIND AT THE ORIGINAL SIZE SPECIFIED DURING THE APPROPRIATE PERENNIAL RYEGRASS 25 0.57 PLANTING SEASON. KENTUCKY BLUEGRASS BLEND 30 0.69 LANDSCAPE PLAN 1. WHEN HYDROSEEDING IS THE CHOSEN METHOD OF APPLICAITON, THE TOTAL RATE OF SEED SHOULD BE INCREASED BY 25% PREPARED BY: 2. WINTER SEEDING REQUIRES 3 TONS PER ACRE OF STRAW MULCH. PLANTING DATES LISTED ABOVE AREA AVERAGE FOR DELAWARE THESE DATES MAY REQUIRE ADJUSTMENT TO REFLECT LOCAL CONDITIONS. 3. ALL SEED SHALL MEET THE MINIMUM PURITY AND MINIMUM GERMINATION PERCENTAGES RECOMMENDED BY THE DELAWARE DEPARTMENT OF AGRICULTURE. THE MAXIMUM % OF WEED SEEDS SHALL BE IN ACCORDANCE WITH SECTION 1 CHAPTER 24 TITLE 3 OF THE DELAWARE CODE. 4. COOL SEASON SPECIES MAY BE PLANTED THROUGHOUT THE SUMMER IF SOIL MOISTURE IS ADEQUATE OR SEEDED AREA CAN BE IRRIGATED. 5. ALL SUGMINOUS SEED MUST BE INOCULATED. 6. WARM SEASON GRASS MIX AND REED CANARY GRASS CANNOT BE MOWED MORE THAN 4 TIMES PER YEAR. 1901 Hickory Hill Road 7. WARM SEASON GRASSES REQUIRE A SOIL TEMPERATURE OF AT LEAST 50 DEGREES IN ORDER TO GERMINATE AND WILL REMAIN DORMANT Notch and secure stakes with Chadds Ford PA 19317 UNTIL THEN. 610-388-7758 Notch and secure stakes with plastic strapping, fiberglass tree tape , plastic strapping, fiberglass tree tape , wire, or similar, protect NO MULCH OVER BASE OF TRUNK AT ROOT CROWN wire, or similar, protect tree with hose or tree straps NO MULCH OVER BASE OF TRUNK AT ROOT CROWN tree with hose or tree straps Safety flagging PLANTING NOTES: ellentraceyDESIGNSetc@gmail.com Safety flagging 1 - PLANT IN ACCORDANCE WITH THE STANDARDS AS SET FORTH BY THE AMERICAN ASSOCIATION OF NURSERYMEN, AND THE AMERICAN STANDARD FOR NURSERY STOCK. 4’ HT. min. 2- LOCATE OVERHEAD AND UNDERGROUND UTILITIES PRIOR TO PLANTING. FIELD ADJUST PLANT LOCATIONS 3’ HT. min. remove burlap, twine and AS NEEDED TO AVOID CONFLICT WITH SWALES, PIPES, DRAINAGE STRUCTURES, WIRES, UTILITY BOXES remove burlap, twine and wire from root crown area wire from root crown area after staked and planted securly TRANSFORMERS, EXISTING VEGETATION THAT REMAINS, ETC. STOP PLANTING AND CONTACT THE LANDSCAPE EB R AT 25 L after staked and planted securly ARCHITECT AND OWNER IF SOIL CONDITIONS ARE ENCOUNTERED THAT ARE UNSUITABLE FOR PROPER PLANT GROWTH. CE IN G minimum 2” maximum 3” shredded minimum 2” maximum 3” shredded set ball top even with finished grade 3- FIELD LOCATE PLANTS TO AVOID CONFLICT WITH SWALES, DRAINAGE AND UTILITIES ABOVE YEARS hardwood bark set ball top even with finished grade AND BELOW GROUND, EXISTING VEGETATION ETC. hardwood bark 19 9 5 - 20 2 0 4 - PLANTING BACKFILL MIX: ONE PART PEAT HUMUS, TO ONE PART TOPSOIL TO ONE PART EXISTING SOIL. 2’ deep min. dish shaped hole AMENDMENTS : MIX INTO SOIL PRIOR TO BACKFILLING, .25 LBS ORGANIC FERTILIZER 5-10-5 ORGANIC FERTILIZER 1’ deep min. 8-21-20 _________________________________________ dish shaped hole NO verticle sidewalls .75 LBS OF BONE MEAL, AND 1 LB OF ORGANIC DECOMPOSED COW MANURE PER CUBIC FOOT OF BACKFILL. SET BALL OR CONTAINER NO verticle sidewalls SOIL TOP EVEN WITH FINISHED GRADE. SIGNATURE DATE I ELLEN TRACEY CONFIRM THAT I AM A REGISTERED LANDSCAPE ARCHITECT backfill mix - see notes 5- THE QUANTITIES OF PLANTS ON THE PLAN DRAWING FOR CODE REQUIRED AREAS SHALL REMAIN WITH THE SPECIFIC IN THE STATE OF DELAWARE LICENSE NO 134-E AND THAT THE INFORMATION 8-21-20 backfill mix - see notes undisturbed grade undisturbed grade AREA (IE: BUFFERYARDS, PARKING AREAS ETC) BUT SHALL BE FIELD LOCATED TO AVOID UTILITIES OR OBSTRUCTIONS PROVIDED HEREIN HAS BEEN PREPARED BY ME . TO THE BEST OF MY or if disturbed compacted subgrade below ball or if disturbed compacted subgrade below ball AND SHALL GOVERN OVER THE SCHEDULE TO MEET MINIMUM CODE REQUIREMENTS. KNOWLEDGE THIS REPRESENTS ACCEPTABLE LANDSCAPE ARCHITECTURAL PRACTICE AS REQUIRED BY THE DELAWARE STATE CODES AND LAWS AND THE REQUIREMENTS Create Earth Saucer under mulch to hold water during establishment. ET OF THE GOVERNING MUNICIPALITY. USE OR REPRODUCTION OF THIS SIGNATURE Create Earth Saucer under mulch to hold water during establishment. Water throughly at planting. Remove twine from base of tree at root crown AND OR SEAL BY OTHERS IS STRICTLY FORBIDDEN . Water throughly at planting. Remove twine from base of tree at root crown after securly staked. Set ball on existing grade or compacted soil with ball top FIELD LOCATE ALL UTILTIES PRIOR TO DIGGING after securly staked. Set ball on existing grade or compacted soil with ball top even to finished surrounding grade. Stake with hardwood stakes minimum 6’ length ADJUST LOCATIONS OF PLANTINGS TO AVOID CONFLICTS WITH even to finished surrounding grade. Stake with one hardwood stakes minimum 4’ length 2” x 2” . One for trees 1.5” cal. two for trees over 2” cal. three for trees over 3.5” cal. DRAINAGE , UTILITIES, STRUCTURES, AND VEGETATION TO REMAIN. Hole (disturbed dish area) minimum 2 times IF SOILS UNSUITABLE FOR PLANTING AND PROPER PLANT ESTABLISHMENT Hole (disturbed dish area) minimum 2 times the width of the ball - NO EXCEPTIONS ARE ENCOUNTERED, STOP PLANTING AND NOTIFY THE OWNER AND LANDSCAPE ARCHITECT. the width of the ball - NO EXCEPTIONS TREE PLANTING DETAIL PLANTING AND CONSTRUCTION OPERATIONS SHALL CONFORM TO EVERGREEN TREE PLANTING DETAIL not to scale ALL LOCAL STATE AND FEDERAL SAFETY, ENVIRONMENTAL LAWS. CONTRACTORS ARE not to scale RESPONSIBLE FOR ALL PERMITS AND SUBMISSIONS REQUIRED FOR THE WORK. 86

Item 7. 87

Item 7. October 8, 2020 Apex Project No.: 19184.000 Ms. Samantha Bulkilvish Planner I City of Dover Planning & Inspections 15 Lookerman Plaza Dover, DE 19904 RE: Union Wholesale Dover Facility – 679 Horsepond Road Off-Street Parking Waiver Request Ms. Bulkilvish: Please accept this letter as the written request for a waiver from the City of Dover Code, Appendix B, Article 4, Section 4.15 regarding the required off-street parking for the subject site, Zoned C-3, for which a Site Development Plan has been submitted for site plan review and approval. The request for a reduction in the required number of parking spaces is being made since the existing and proposed site use as a warehouse/distribution facility does not have a need for the full 47 parking spaces that would be required per the code calculation of 1 space/300 SF. The owner has indicated that the business operation does not, and will not upon expansion, have that number of employees on-site nor does it have enough customers that actually come to the site to warrant a need for 47 spaces. The Site Development Plan proposes a total of 24 spaces and is requesting a waiver from the additional 23 spaces which falls within the allowable parking reduction limit of not more than 50 percent. Please see attached exhibit that shows the parking configuration should the waiver request be granted. Please note that the site can accommodate the full 47 spaces should it be determined they are needed in the future. Thank you for considering this request. If you have any questions or require any further information to process this request, please feel free to contact me at (302) 994-1900 ext. 204 or sdavies@apexengineeringinc.com. Thank you for your assistance with this project. Sincerely, Stephen G. Davies, P.E. President cc: Jim McLaughlin, JACJIM, LLC U:\2019 Apex Projects\19184000 Union Wholesale -Horsepond Road - Dover\Correspondence\20-1007 parking waiver request.doc 88

eliminated stalls along this curb line Item 7. added 2 stalls along this curb line CIP 89

Item 7. October 8, 2020 Apex Project No.: 19184.000 Ms. Samantha Bulkilvish Planner I City of Dover Planning & Inspections 15 Lookerman Plaza Dover, DE 19904 RE: Union Wholesale Dover Facility – 679 Horsepond Road Bicycle Parking Waiver Request Ms. Bulkilvish: Please accept this letter as the written request for a waiver from the City of Dover Code, Appendix B, Article 6, Section 3.10 regarding the required bicycle parking for the subject site for which a Site Development Plan has been submitted for site plan review and approval. This waiver request is being made since the site does not expect any bicycle activity since its use as a warehouse doesn’t attract outside patrons that may be using a bicycle for transportation. Please note that the site could accommodate the installation of the required bicycle parking should it be determined that is needed in the future. Thank you for considering this request. If you have any questions or require any further information to process this request, please feel free to contact me at (302) 994-1900 ext. 204 or sdavies@apexengineeringinc.com. Thank you for your assistance with this project. Sincerely, Stephen G. Davies, P.E. President cc: Jim McLaughlin, JACJIM, LLC U:\2019 Apex Projects\19184000 Union Wholesale -Horsepond Road - Dover\Correspondence\20-1008 bike parking waiver request.doc 90

Item 7. May 06, 2020 Mr. Dave Hugg, Director City of Dover City Hall - The Plaza PO Box 475 Dover, Delaware 19903 SUBJECT: Letter of No Contention Approval Union Wholesale Dover Facility Tax Parcel # 2-00-07800-01-0202-00001 KCR 348 HORSEPOND ROAD Dover, East Dover Hundred, Kent Dear Mr. Hugg: The Delaware Department of Transportation (DelDOT) has reviewed a request, dated April 10, 2020, to obtain a Letter of No Contention (LONC) to use an existing commercial building and site entrance for the above referenced project, and has approved the request. This approval shall be valid for a period of one (1) year. This determination is based on the project information as provided in the completed Permit Application, and verification of the requirements on the LONC approval checklist. The following conditions are provided with this approval: 1) Site shall have access from the existing entrance located on Horsepond Road (KCR 348). 2) No entrance modifications or traffic pattern changes are proposed or authorized under this LONC approval. 3) DelDOT reserves the right to review, modify or revoke this LONC approval in the future if proposed activities create traffic conflicts, safety concerns or operational issues. 4) The property owner is responsible to: a. Submit information to DelDOT, regarding any future operational or site changes, (including but not limited to: rezoning, site layout changes, changes in use, entrance modifications, expanded/additional uses, new uses, etc.). Changes of this nature may alter the flow and/or volume of traffic and could require a new LONC or formal review for Approvals and/or Permits. b. Establish and maintain clear sight lines at the entrance. There shall be no placement of structures, signs, objects, items for sale or parking of vehicles within State right-of-way or entrance limits. Shrubbery, Plantings, trees and/or other visual barriers that could obstruct the sight distance of a driver preparing to enter the roadway are prohibited. 91

Item 7. Union Wholesale Dover Facility Mr. Dave Hugg Page 2 May 06, 2020 5) The property owner and applicant are responsible to coordinate with DelDOT Public Works Office at (302) 760-2433, for information on obtaining specific permits for sign installation on private property, and for utilities installation within State right-of-way. Permits for Utilities construction and sign installation require separate permit applications. 6) Clean out the culvert pipe on the Southwest side of driveway entrance. If the Department can be of any further assistance, please call me at (302) 760-2266. Sincerely, Stephen Wright Kent County Review Coordinator, Development Coordination Cc: James Mclaughlin Stephen G. Davies, Apex Engineering, Inc. R. Stephen McCabe, Central District Public Works Engineer Todd Sammons, Subdivision Engineer Joshua Schwartz, Kent County Reviewer 92

Item 7. 679 Horsepond Road Building Architecture 93

Item 8. October 16, 2020 Mr. Dave Hugg City of Dover Department of Planning and Inspections P.O. Box 475 Dover, DE 19903-0475 RE: Public Hearing KGH DEVELOPMENT CORP. PARKING LOT EXPANSION FOR BAYHEALTH STAFF Dover, Delaware 2019184.07 Dear Mr. Hugg: On behalf of our client, Bayhealth Medical Center, Inc., Becker Morgan Group, Inc. is hereby requesting to table the October 19, 2020 Planning Commission hearing. As you are aware, Bayhealth has submitted plans to expand parking facilities on the easterly side of South State Street at Scull Terrace. This plan includes the demolition of Scull Mansion. There are several community groups and neighbors that have interest in this project. Bayhealth would like to take an opportunity to reach out to these groups to discuss their concerns, to determine if mitigation is possible. Once we have met and discussed the issues, we will contract you to reschedule the hearing. Sincerely, BECKER MORGAN GROUP, INC. Gregory V. Moore, P.E. Vice-President GVM/rlh Enclosures Cc: Mr. Mike Metzing, Bayhealth Medical Center, Inc. 201918407ap-ltr-COD-table hearing.docx 94

Item 8. City of Dover DATA SHEET FOR SITE DEVELOPMENT MASTER PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF October 7, 2020 PLANNING COMMISSION MEETING OF October 19, 2020 Plan Title: Bayhealth Staff Parking Lot Expansion at Scull Property, S-20-10 Plan Type: Site Development Master Plan Property Location: East side of South State Street in block between South Street and Scull Terrace Property Addresses: 605 South State Street, 625 South State Street, 100 Scull Terrace, and 150 Scull Terrace Tax Parcels: ED-05-077.13-01-49.00-000 and ED-05-077.13-01-51.00-000 Owner: Bayhealth Medical Center, Inc. KGH Development Corporation Present Zoning: IO (Institutional and Office Zone) SWPOZ (Source Water Protection Overlay Zone): Tier 1 & Tier 3 Existing Uses: Existing Buildings as Offices, Surgery Center, and Day Care Center with Parking Lots (227 existing parking spaces) Proposed Uses: Expansion of Parking Lots with removal of buildings Phase 1: Demolish Office Buildings (Scull Mansion and Gates Building) and various Maintenance Accessory Buildings; add 290 parking spaces Phase 2: Demolish Day Care Center Building; add 72 parking spaces Phase 3: Demolish Surgery Center Building; add 91 parking spaces and add connection to S. State Street at South Street intersection Site Area: 11.43 acres Waivers Requested: Partial Elimination of Curbing Elimination/Relocation of Bicycle Parking Elimination of Opaque Barrier Component For Consideration: Utilize Joint Parking Facilities provisions P. O. Box 475 Dover, DE 19903 95 Community Excellence Through Quality Service

City of Item 8. Dover Planning CITY OF DOVER Office DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY D.A.C. MEETING DATE: October 7, 2020 APPLICATION: Bayhealth Staff Parking Lot Expansion at Scull Property: Master Plan FILE #: S-20-10 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Dawn Melson-Williams, AICP PHONE #: (302) 736-7196 I. PLAN SUMMARY This Application is for Review of a proposed Site Development Master Plan to permit construction of 453 new parking spaces over the course of three phases for the Bayhealth Medical Center Campus. This Bayhealth Staff Parking Lot Expansion expands the existing parking from 227 spaces to a total of 680 parking spaces on the area collectively known as the Scull Property. Phase 1 proposes 290 parking spaces; Phase 2 proposes 72 new parking spaces and Phase 3 proposes an additional 91 parking spaces and a connection to S. State Street at the South Street intersection. The Plan shows the demolition of existing buildings in each phase for a total of seven (7) buildings demolished including the Scull Mansion to accommodate the increased volume of parking. In total the properties measure 11.43 acres +/- and are located on the east side of S. State Street in the block between South Street and Scull Terrace. The properties are zoned IO (Institutional and Office Zone) and subject to the SWPOZ (Source Water Protection Overlay Zone). The owners of record are Bayhealth Medical Center, Inc. and KGH Development Corp. The parcels are proposed to be consolidated before the project begins. Property Addresses: 605 S. State Street, 625 S. State Street, 100 Scull Terrace, and 150 Scull Terrace. Tax Parcel Numbers: ED-05-077.13-01-49.00-000 and ED-05-077.13-01-51.00- 000. Council District 2. Previous Applications Site Plan S-13-05 Lands of KGH Development Corp. The site was the subject of Site Plan S-13-05 Lands of KGH Development Corp. at 625 S. State Street: Parking Lot Construction in 2013. At its meeting of May 20, 2013 (after deferring action at their April 15, 2013 Meeting seeking additional information), the City of Dover Planning Commission granted conditional approval of the Site Plan S-13-05 for the expansion of the existing parking lot at 625 South State Street, known as the Scull Mansion property, to add one hundred-thirty (130) parking spaces. The action included approval of a Curbing Waiver and also added conditions to require elimination of certain parallel parking spaces along the Scull Terrace entrance drive. Also, with Site Plan S-13-05, the Planning Commission approved the use of the Joint Parking Facilities provisions of Zoning Ordinance, Article 6 §3.7. This allowed the parking to be viewed 96

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 2 on a facility-wide approach for the Bayhealth Medical Center properties where the parking lots may serve two or more establishments that are not located on the same parcel. The Commission accepted the information on employee count (for the parking calculation) and the Parking Exhibit Plan giving information existing parking facilities (as of 2013). The new spaces of the parking lot expansion developed under S-13-05 contribute toward the overall parking requirements for the Bayhealth Medical Center facilities. Master Plan S-06-14 Bayhealth Medical Center: A Master Plan was previously developed for the main campus area of the Bayhealth Medical Center at 640 South State Street. The project area for the Bayhealth Medical Center Master Plan consisted of multiple parcels of land located between South State Street and South Governors Avenue in the vicinity of South Street and Hope Street; it did not include this area on the east side of South State Street. However, the property was later included in a Unified Comprehensive Signage Plan for the Bayhealth Medical Center facilities (US-11-01). The Bayhealth Medical Center Kent Campus Master Plan (S-06-14) was approved in June 2006 with a one-year extension to the project in May 2007. Revisions to the Master Plan approved in September 2007 related to a Pedestrian & Utility Bridge over South Street rather than a tunnel as first proposed. The four phases of the Master Plan consisted of the following: • Phase 1: Central Services Building • Phase 2: Podium Building, Parking Garage, and Pedestrian & Utility Bridge • Phase 3: South Street Parking Lot improvements • Phase 4: Seven-story Bed Tower Building Addition and north Parking Garage After some revisions to the construction sequencing, the following phases have been completed: S-08-20 Phase 1- Podium Building and Parking Garage and S-08-42 Phase 2A – Central Services Building and Pedestrian & Utility Bridge. Administrative Site Plan review was completed in August 2009 for S-09-02 Phase 2B – South Street Parking Lot Improvements but not started. A proposed north Parking Garage (in Phase 4) was not built. Other History of Property Development The Scull Mansion (named after its 20th century owner), now utilized as an office building, was constructed circa 1864 by Manlove Hayes as a residence. The northernmost brick Cape Cod Style building constructed mid-20th century was previously a residential dwelling (Gates House) prior to being acquired by Bayhealth. The two easternmost buildings on the subject property were developed with Applications C-90-1 KGH Surgery Center & Diagnostic Center and C-90- 12 KGH Paramedic Training Center. II. PROJECT DESCRIPTION This Site Development Master Plan proposes three (3) phases of the project for the Bayhealth Staff Parking Lot Expansion at Scull Property. The subject area consists of 2 parcels of land including the following addresses: 605 S. State Street, 625 S. State Street, 100 Scull Terrace, and 150 Scull Terrace. Overall, the project involves the following: • Phase 1: Demolition of the Scull Mansion building, the previous Gates Residence, and three other structures (related to maintenance, etc.). Reconfiguration of existing parking lot layout and construction of 290 new parking spaces. Total of 517 Parking Spaces on site with two buildings. 97

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 3 • Phase 2: Demolition of the Day Care Center Building. Construction of 72 new parking spaces. Total of 589 Parking Spaces on site with one building. • Phase 3: Demolition of the Surgery Center Building. Construction of 91 parking spaces. Construction of connecting drive aisle to South State Street. Total of 680 Parking Spaces on site with no buildings. In general, the application proposes construction of several parking lot areas on the property after demolition of the buildings located in the phase project area. The existing parking lot located around the Scull Mansion Building and to the west of Outpatient Surgery Center following demolition of five buildings will be expanded to the west and north. This extends to the north also encompassing the Gates House area following its demolition. This Phase 1 Parking Lot will consist of 491 parking spaces with an additional 26 spaces remaining near the Day Care Center Building. The only access to the parking lot is from Scull Terrace during Phases 1 and 2. Phase 2 involves the demolition of the Day Care Center Building and construction of new parking spaces in its place. Phase 3 involves the demolition of the Surgery Center Building for the creation of addition parking spaces and construction of a connecting drive aisle to South State Street at the northern portion of the site (opposite South Street intersection). Located on this property, the two-story stucco clad building originally constructed as a mansion house now utilized as offices is proposed for demolition with this Parking Lot Expansion. The building is known as Greenwold (K-00126) and also known as the Manlove Hayes House (original owner) and Scull Mansion (20th century property owner). It is listed on the National Register of Historic Places.1 Manlove Hayes, a local businessman and state legislator, was also involved with the Delaware Railroad Company. Constructed circa 1863-1864, this house set on the edge of Dover in a pastoral setting; the house and its property included other outbuildings, a front carriage drive, and a planned landscape design. III. ZONING REVIEW IO Zoning District The subject properties are zoned IO (Institutional and Office Zone) and subject to the regulations of Zoning Ordinance, Article 3 Section 10 and Article 4 Section 4.15. The proposed use as off- street parking (a parking lot) is associated with the on-site medical building and Day Care Center (until their demolition) and the larger Bayhealth Medical Center campus located to the west of South State Street. SWPOZ (Source Water Protection Overlay Zone) Portions of the site are located within the SWPOZ (Tier 3: Excellent Recharge Area and Tier 1: Secondary Wellhead Protection Area) found in Article 3 Section 29.7 of the Zoning Ordinance. However, this project site is within the Downtown Redevelopment Target Area which is exempted from the SWPOZ requirements and restrictions as per Zoning Ordinance, Article 3 §29.79 for the Tier 3 area. The area subject to the Tier 1 requirements does not appear to be located within the project area for the new parking lot expansions. 1 Greenwold (K-00126) also known as the Manlove Hayes House was listed on the National Register of Historic Places on March 20, 1973. This central hall plan residence is noted as being constructed by Richard D. Smithers and as having a landscape design planned by William Saunders. The property was also the subject of a series of photographs as HABS No. DE-198 in July 1982. 98

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 4 Site Development Master Plan The plan for this project is submitted for review under the Site Development Master Plan process (See Zoning Ordinance, Article 10 §2.44 listed below). This process allows for a series of construction phases to be outlined in a Master Plan for Planning Commission review and approval. Prior to each Phase of construction, a Site Plan specific to that phase is submitted for Administrative Site Plan review. Article 10 §2.44 Site development master plans. Conceptual site development master plans shall be reviewed by the planning commission in accordance with the provisions of subsection 2.43. Conceptual site development master plans shall depict a site development proposal that reflects general compliance with the provisions of the zoning ordinance and shall also reflect the following information on the plan: (A) Conceptual Master Plan. Conceptual Master Plan shall include the proposed general layout of building, streets, parking, open space, landscape concepts, and stormwater management areas. (1) Detailed site construction plans, details, and specifications are not required as part of a site development master plan submission. (2) The plan shall illustrate distinct phase boundaries for each proposed construction phase and shall depict proposed construction and site improvements planned for each phase. Bulk quantities and area totals for each construction phase, and for the total site, shall be tabulated in a data column on the plan. (3) Each construction phase shall be enumerated in sequential order on the site development master plan according to the order of construction contemplated by the plan. Phases shall be implemented in accordance with the approved site development master plan unless the city planner approves an alternate phasing. (4) Each construction phase represented on the master plan shall be planned and designed to function independent of construction and site improvements contemplated in future construction phases in all respects, including but not limited to bulk area provisions of the zoning district in which the site is located, off-street parking requirements, site entrances, emergency access requirements, site utilities, and stormwater management improvements except where the requirements and needs of a later phase are met and remain met by a previous phase of completed construction. (5) Any special agreements or conditions of approval relative to the overall development that have been specified by regulatory agencies shall be documented on the site development master plan. (B) Phased site plan approval. Individual phased components of the Conceptual Master Plan are to be reviewed and approved as an Administrative Site Plan. Final site construction plans, including detailed site grading, paving, utilities, stormwater management, and tree planting and preservation plans shall be submitted for final approval by the city planner and/or authorized designee, and to other agencies having jurisdiction, on a phase by phase basis in accordance with the approved site development master plan, and all regulations of the City of Dover governing the approval of site plans as set forth in subsection 2.4 and 2.5. IV. PARKING SUMMARY The parking requirements for a property in the IO zone is one parking space per 300 S.F. of floor area or one per employee, whichever is greater. A Day Care Center requires parking at a rate of one parking space per adult attendant and one parking space per ten (10) children. It is noted that the minimum off street parking requirement for the hospital use is based on one (1) space per every three (3) beds in the facility (Zoning Ordinance, Article 6 § 3.1). 99

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 5 Based on the size of the surgery center building totaling 10,800 S.F. results in a requirement of thirty-six (36) parking spaces for it. The current tally of attendants and children in the Day Care Center was not provided but from 2013 information the building required twenty-seven (27) parking spaces. The existing parking on the subject property serves these building and more. It appears that the Parking Lot Expansion is intended to serve the larger Bayhealth Medical Center campus. Consideration of Joint Facilities for Parking The Zoning Ordinance includes provisions for considerations of parking to jointly serve multiple establishments which could be considered for this property. Article 6 Section 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve, jointly, two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments. The applicant listed on the Plan a summary of the overall parking provided for the Bayhealth Medical Center properties. The plan lists a total of 1,601 parking spaces available for the campus and a total number of employees is 2,052 employees. The Scull Property existing and proposed by phases parking is given; however, the specific details of on-campus and off-campus parking locations are not provided. See Parking Summary – Bayhealth Medical Center Campus Chart on Plan Sheet C-001. Additionally, a submitted narrative titled “Parking Lot Expansion Necessity” describes the parking needs of the Bayhealth Kent Campus; see submission. Bayhealth Medical Center Campus Parking Summary: Previous projects implemented on the Bayhealth Medical Center campus included construction of a parking garage, new surface parking lots, and improvements to existing parking lots. With Site Plan S-13-05, a Parking Exhibit Plan (dated 4/2/2012) identified the locations of the campus buildings and associated parking facilities in order to utilize the provisions for joint facilities parking. The following table is provided as reference. Existing Parking Facilities at Bayhealth Medical Center Campus (from S-13-05 Plan) Location Address Number of Parking Spaces Scull Property 625 South State Street 227** Gates Property 605 South State Street 8** Bayhealth Hospital (main 640 South State Street 492 Total: building) 12 at Frear House 8 at front entrance 371 in Parking Garage 17 Emergency Room 84 Staff Parking Lot North of South Street Governors Avenue 483 Total: 26 at Office Building 56 at Central Service Building 401 South Street Parking Lot Hope Street Parking Lot Southeast corner of Hope Street 157 and South Governors Avenue Human Resources Office 600 South Governors Avenue 49 Medical Office Buildings 540 & 560 South Governors 184 Avenue ** Updated to current parking lot count at subject site as shown on S-20-10. 100

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 6 Loading Spaces Institutional buildings require loading spaces at rate of one space per 10,000 SF and one space per each additional 25,000 SF. The plan shows several loading spaces on the south side of the Surgery Center Building to satisfy this requirement (until building is demolished in Phase 3). Bicycle Parking Waiver Request: Elimination/Relocation of Bicycle Parking The project is required to provide bicycle parking. The bicycle parking calculation is one for every twenty parking spaces. Based on the total of 680 parking spaces ultimately on this parcel, thirty-four (34) bicycle parking spaces are required. Each phase would be required to satisfy the bicycle parking coinciding with the number of vehicle parking spaces. Existing bicycle parking spaces were not identified. A written Waiver Request was received for consideration by the Planning Commission to relocate the required bicycle parking from this Parking Lot Expansion project to the Bayhealth main campus at 640 S. State Street citing it as the destination of bicycle riders. However, details of the existing bicycle parking locations and format are provided in a photographic exhibit. See attached Waiver Request and Exhibit: Bayhealth Bicycle Racks. Waiver Request: Partial Elimination of Upright Curbing The upright curbing for parking lots and drive aisles is required per the requirements of Article 6 Section 3.6(b) of the Zoning Ordinance. This curb type appears to be utilized throughout the parking lot construction area with the exception of a segment of existing parking to remain and the future location of the Phase 3 connecting drive aisle. A written Waiver Request for the elimination of curbing was submitted to the Planning Office for consideration citing the reasons of the stormwater runoff. The City Planner can consider requests to eliminate curbing when there is a demonstrated need related to stormwater management. See attached Waiver Request. V. SITE CONSIDERATIONS This subject site includes area of significant topographic change. The northern portion of the property slopes towards a floodplain area (and culvert contained Meeting House Branch). Also, the property is higher than the adjacent roadways in certain areas. Adjacent to St. Jones River A portion of the property is adjacent to St. Jones for a section of its east property line. A setback of 100 feet from this water body is required for development. The proposed Parking Lot Expansion does not encroach in this area. Wetland Areas The property includes a wetland area in the northeast portion. Per the Zoning Ordinance, if the wetland area is over 0.25 acres in size then a 100-foot setback is required. The proposed Parking Lot Expansion does not encroach in this area. Special Flood Hazard Areas Portions of the northeastern and eastern boundary of the subject site are within the Special Flood Hazard Area (100-year floodplain/ 1% annual chance of flood). This information is shown on the FEMA FIRM Panel #10001C0169J effective date July 7, 2014. Zoning Ordinance, Article 5 101

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 7 §11.21 requires that flood hazard areas (100-year floodplain) remain as open natural areas with no impervious surfaces. Currently, these areas are predominately wooded areas and no site improvements are proposed in that area. Access The property is accessed by an entrance drive from South State Street. For addressing purposes, this entrance drive is named Scull Terrace. The entrance drive is shared with the Holy Cross Church and School Complex. This shared entrance drive was created in the late 1980’s and is referenced in an Easement Agreement dated January 30, 1987 (Deed Book 47 Page 63). Sidewalks The project site has an existing sidewalk along the South State Street frontage. A single sidewalk connects the parking lot to the corner at Scull Terrace. There are marked crosswalks across Scull Terrace and then a pedestrian crosswalk system (pedestrian activated warning lights system) across South State Street. Lighting The parking lot project does identify additional site lighting in the areas of the parking lot expansion as pole lights. The proposed lighting must be adequate to safely light all parking and pedestrian areas yet must be shielded and directed as to not create a nuisance on the adjacent properties. Scenic Resources The Zoning Ordinance, Article 5 §11.25 on environmental protections recognizes Scenic Resources and seeks consideration of them during the site development process. See excerpt below. Article 5 §11. Environmental protection 11.25 Scenic resources. Scenic resources shall consist of the following: mature woodlands and most especially the edges of wooded areas adjacent to open fields, wetlands or urbanized areas; other areas of mature natural vegetation such as marsh grasses; the historic district and areas listed on the National Register of Historic Places ; and freestanding historic buildings and sites and other buildings or districts of the city exhibiting particular architectural or visual merit buildings and places of special public or cultural significance, and significant views and v iew corridors to buildings or places of architectural, visual, public or cultural value and to attractive natural areas. Application for subdivision plan or site development plan approval shall include, as a part of the documentation of existing site conditions, the presence of and location of all scenic resources. The preservation and enhancement of the scenic resources potentially affected by the proposed development shall be considered by the planning commission in development review. As previously noted, the subject site includes the Scull Mansion Building which is listed on the National Register of Historic Places. The Scull Mansion building is currently labeled as “Two Story Stucco Building” on the plan. The Code calls for the Planning Commission to consider the “preservation and enhancement of the scenic resources” affected by the proposes development. The applicant submitted a narrative titled “Scenic, Historical, and Environmental Preservation.” VI. TREE PLANTING AND LANDSCAPE PLAN The submitted plan includes the Landscaping approach for the overall project. Zoning Ordinance, Article 5, Section 16.62 offers the option of the applicant defining a “Development 102

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 8 Area” within the overall property for the purpose of tree planting calculations. The applicant has established a “Development Area” for the project s shown on the Landscape Plan (Sheet L-101) as a dashed black line. With the tree planting requirement of one tree per 3,000 SF of Development Area, the Development Area is estimated to require 106 new trees. Some existing trees along South State Street will remain along with existing woodland areas in the eastern portions of the site. The Landscape Plan is providing a mixture of trees to provide a total of 122 new trees on the site. Mixed Planting of canopy trees, flowering trees, and evergreen trees are proposed within parking lot islands and medians and at the parking lot perimeter. Opaque Barrier Waiver Request: Elimination of Opaque Barrier Component Screening is required wherever a non-residential use abuts a residential use. This screening must consist of an opaque barrier (a fence, wall, or berm) at least six feet in height, accompanied by landscaping (Zoning Ordinance, Article 5 §7.2). This Opaque Barrier requirement applies to the northern property line adjacent to the residential properties which front Elm Terrace as they are zoned R-8 (One Family Residence Zone). The plan as submitted by the applicant does not indicate the placement of an opaque barrier component (fence, wall or berm). They are some areas of existing woodland and individual trees that may be utilized to comply with the landscaping component of the barrier. A written Waiver Request was submitted focus on the Opaque Barrier and Landscaping Requirement. Per Code, the landscaping component cannot be waived. VII. CITY AND STATE CODE REQUIREMENTS: The subject proposal has been reviewed for Code compliance, plan conformity, and completeness in accordance with this agency’s authority and area of expertise. The following items have been identified as elements which need to be addressed by the applicant: 1) The Master Plan must reflect any changes recommended by the Planning Commission. Add notes for any waivers or conditions acted upon by the Planning Commission. 2) Upright curbing shall be provided in accordance with the Zoning Ordinance. A waiver may be granted by the City Planner if necessary, for stormwater management. An initial request was made with this Master Plan submission and additional specific area requests may also be identified with the Administrative Site Plan submissions for future phases. 3) Bicycle parking must be provided on the subject property unless a waiver for its relocation or reduction is granted by the Planning Commission. A Waiver Request was submitted for review including an Exhibit of the existing bicycle parking areas. If relocation of the bicycle parking is accepted, then the Administrative Site Plan must include details of the improvements of the bicycle parking location. 4) The property is subject to the requirements of the Opaque Barrier as this non-residential use is adjacent to residential uses on the north. A written Waiver Request was submitted; however, only the opaque barrier (fence, wall, or berm) component can be considered for elimination. The landscaping component of the barrier must be satisfied. 103

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 9 5) This application appears to seek to utilize the joint facilities parking provisions of Zoning Ordinance, Article 6 Section 3 for the subject site and the Bayhealth Medical Center campus. A narrative titled “Parking Lot Expansion Necessity” will information on the required parking for the hospital facilities and the existing parking conditions on the campus was provided. 6) A separate Record Plan sheet was submitted to show parcel consolidations, all right-of-way dedications, any easements, or other items affecting the property lines. 7) Sheet C-001: a) Indicate the location of zoning SWPOZ (Source Water Protection Overlay Zone) Tier 3 and Tier 1 on the plan drawing. b) The required setback on the north property line is 30 feet. c) General Note #4: List Zone AE for property areas located in the floodplain. d) General Note #13: Add deed reference information on the easement regarding the shared entrance drive. e) General Note #16: Identify that these notations (1-3AB) are applicable to Site Plan S-13- 05 and may be superseded by this current review. This Master Plan submission is subject to a new and separate review by the Planning Commission. f) Show the 100-foot Waterbody Buffer from the St. Jones River. Update on all plan sheets. g) Clarify two floodplain lines on east side of site. h) Label north property line of 605 S. State Street to be removed. i) Clarify status of fence line from 605 S. State Street. j) List all involved addresses in Site Data Item #3 and in title block listing. 8) Confirm that sidewalk leading from parking lot and handicapped parking area to the Scull Terrace crossing meets accessibility requirements i.e. slope to allow those parking in this area to utilize the pedestrian crossing to the main campus. 9) Ensure accessibility ramps provided at intersections of sidewalks with parking and drive aisles. 10) Sheet C-101 – Existing Conditions Plan: a) Label location of Greenwold (K-00126) as listed on National Register of Historic Places. b) Check parking tally as drawing appears to show 222 parking spaces rather than 227. 11) Sheets C-201 Series: The following items are noted for correction or addition and should be provided on future Administrative Site Plan submissions. a) Add accessibility ramps to sidewalk crossing points just east of Holy Cross entrance from Scull Terrace. b) Show bicycle parking for remaining buildings. c) Add addresses to building drawing labels to help clarify locations. d) Identify the location of any traffic control signage for the parking lots and handicapped parking signage. e) Remove curb cuts not utilized along South State Street. f) Consider locations for additional connections from street frontage sidewalk to parking lot areas. 104

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 10 g) Add any protection measures necessary along parking lot edges adjacent to sleep slopes. h) Confirm number of parking spaces in segment of existing parking south of the Surgery Center. Restriping may be necessary. i) Add parking bumpers at the head of parking spaces lacking upright curbing. j) Show the location of project phase lines. k) Show location of existing Dumpsters that serve the remaining buildings on property in each Phase. Construction of Dumpster enclosures or other screening mechanisms may be required. 12) The Administrative Site Plans will need to show the location of existing utilities (water, sewer, stormwater, etc.) to remain. This information will be necessary to determine conflicts with proposed tree planting locations and other site improvements. 13) Construction details for items such as curbing, parking bumpers, traffic control signage, light fixtures, etc. will need to be provided as part of Administrative Site Plan submissions. 14) The following Landscape Plan information must be clarified for the Master Plan submission: a) The Development Area must be drawn per the requirement of the Zoning Ordinance. The Area must compass the frontage to South State Street. b) Confirm Tree Preservation & Density Worksheet reflects the area and calculation data correctly. Update the tree planting calculations by identifying the size of the Development Area then its woodland and non-woodland area. The other areas of existing woodland to remain can also be listed. c) Indicate landscaping to comply with the Opaque Barrier components for barrier and landscaping. 15) The following information must be provided on future submissions as related to Landscape Plan in accordance with the plan requirements as listed in Zoning Ordinance, Article 5 §16.8: a) Information and tree planting calculations will need to be made by Phase. b) Provide list of existing trees to remain and check number of existing trees to be retained. Trees must be located on the subject parcels to be counted. c) Add line legend key for Development Area line or label as Development Area (rather than Landscape Project Area). d) Ensure tree planting locations and landscaping maintain the required spacing distances or access provisions from utility lines, fire hydrants, etc. e) Identify which existing trees will be removed versus preserved by showing placement location of the tree protection measures. Clarify on a plan drawing like the Existing Conditions Plan/ Demolition Plan. f) Clarify what surface (grass, stone or mulch) will be utilized for parking lot islands. 16) Evaluate any existing pavement conditions to remain. Improvements may be necessary to paving, parking bumpers, and curbing and pavement markings. 17) All signage must comply with Sign Regulations of the Zoning Ordinance and is subject to a separate Sign Permit Application. Signs are subject to a separate review and approval process in the City of Dover. 105

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 11 18) Any Erosion & Sediment Control Plans and Stormwater Management Plans granted approval by Kent Conservation District must reflect the Master Plan layout and design conditionally approved by the Planning Commission and be in compliance with the Zoning Ordinance and technical review requirements of other agencies. VIII. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: In accordance with the Zoning Ordinance, Article 10 §2.2, the Planning Commission in considering and acting upon Site Development Plans may prescribe appropriate conditions and safeguards so that the public health, safety, and welfare, the comfort and convenience of the public in general, and the residents of the immediate neighborhood in particular shall be taken into consideration. These safeguards may to the maximum extent possible further the expressed intent of the Zoning Ordinance and the accomplishment of several objectives in particular listed in subsections 2.21 to 2.28. 1) Recommendation on Waiver Requests: a. Partial Elimination of Curbing – Staff grants approval of the waiver request to relax upright curbing requirements in select areas related to stormwater management where sheet flow of water into areas such as swales may be necessary. The locations of such eliminations of curbing may be refined during the design process for each phase. Parking bumpers are recommended at the head of all parking spaces where the upright curbing has been eliminated. This will be further evaluated with the Administrative Site Plan submissions as greater detail is provided for the stormwater management strategy. This must be carefully considered related to appropriate quality management due to proximity to floodplains, wetlands, the Meeting House Branch, and the St. Jones River. b. Elimination/Relocation of Bicycle Parking – Staff may be able to recommend approval of this request to relocate bicycle parking upon submission of details on the location and format of bicycle parking on the main building. However, staff recommends that bicycle parking continue and/or be made available during Phase 1 construction on the subject site to serve the existing Surgery Center and Day Care Center buildings. c. Elimination of Opaque Barrier Component: Staff recommends approval of the waiver to eliminate the Opaque Barrier Component of the fence, wall, or berm between this non residential use and the adjacent residential properties to the north. Staff agrees that the implementation of a fence, wall or berm would be difficult given the topography and presence of utility infrastructure in the northern area of the site. However, the landscaping component of the barrier is to be implemented. The existing woodland area can satisfy a portion of the landscaping requirement and then a design of a hedge or evergreen trees can be incorporated into the design to screen the remaining areas of the parking lot. The landscaping does not need to be located directly along the shared property line but can be planted adjacent to the parking lot area. 2) Vehicular and Pedestrian Connections: In accordance with Zoning Ordinance, Article 10 subsection 2.21 related to safety and convenience of vehicular, transit, bicycle, and 106

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 12 pedestrian traffic, Staff recommends the following related to vehicular and pedestrian access: a. Staff recommends an Analysis of the Scull Terrace and South State Street intersection and pedestrian crossing due to the substantial increase in number of users (both vehicular and pedestrian) with the implementation of the Phase 1 parking lot expansion. Improvements to this intersection and pedestrian crossing may be necessary due to increased volumes. b. Staff specifically recommends that the Analysis address the impact of increased volumes of vehicles utilizing the existing (and proposed) entrances, considering shift patterns and timing, background traffic volumes on South State Street, pedestrian crossings, adjacent uses, and potential stacking of turning vehicles entering and exiting the site at each phase of completion. c. The project should ensure it includes the required accessibility route and ramps from the parking lot and its handicapped parking over to the main campus. Appropriate pedestrian connections to other hospital facilities not located on the subject site is a key element in the consideration of this expanded parking lot to serve multiple hospital facilities under the provisions of the joint parking facilities. 3) Scenic Resources Consideration: Since the property is listed on the National Register of Historic Places, consideration of the preservation and or the effects of the development on the Scull Mansion are required and approaches to mitigation implemented. a. Staff recommends consideration of options for the adaptive use of the building and options for the redesign of the parking lot to retain the Scull Mansion building. There are a variety of Tax Credit Programs for Historic Properties that may be leveraged for rehabilitation & restoration activities. Other opportunities may include building relocation and architectural salvage of materials. b. If demolition of the building is unavoidable, then adequate recordation/documentation of the Scull Mansion is recommended to gather information on this historic resource. Documentation of the building would include photographs (exterior and interior), measured drawings, and information on the building’s construction in accordance with the Secretary of the Interior Standards and guidelines published by the State Historic Preservation Office for “Architectural Surveys in Delaware.” c. Staff recommends requiring mitigation measures such as the development an informational outreach items such as waysides on the history of the Scull Mansion property and building. 4) Stormwater Management: The plan provides limited information on the Parking Lot Expansion Projects’ strategy for stormwater management. There are known drainage issues in the general vicinity related to the Meeting House Branch (Tar Ditch). This project must not increase the drainage issues. It is recommended that cooperative participation occur and/or improvements be made to help resolving drainage issues. The City is involved in designing and implementing a Meeting House Branch Drainage/Stormwater Management Improvement Project involving the north area of this property. 5) Landscaping: Staff recommends consideration of installation of shrub/hedge planting along the South State Street side of western parking lot area as a screening for the vehicles in the parking lot. Consideration could also be given to utilize changes in site topography as a screening measure along the western side of the Phase 1 parking lot area. While not required by Code, this will help mitigate the effects of adding the parking lot to character of the area. 107

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 13 At the neighboring church property, a landscaped hedge screens the parking lot from the street. Other agencies may recommend additional conditions and safeguards in accordance with their areas of expertise. The Recommended Additional Considerations to Meet Code Objectives may be accepted or rejected by the Planning Commission. IX. ADVISORY COMMENTS TO THE APPLICANT: 1) As the property is listed on the National Register of Historic Places (known as Greenwold and Manlove Hayes House), any projects involving federal funds are subject to the Section 106 process of the National Historic Preservation Act. The applicant has advised that federal funds are not involved in the project. 2) The Planning Commission should act upon any requests for waivers as part of any motion regarding this project application, or as a separate motion as necessary. Note: All waivers are at the discretion of the Planning Commission. 3) If major changes and revisions to the Site Master Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reconfiguration of parking lots, relocation of site components like stormwater management areas, and changes in demolition plans. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regard to the plan. 4) Construction will have an effect on the visitors to the site, adjacent property owners and nearby streets and site access. Any work requiring the closing or rerouting of owners or visitors shall be minimized and coordinated with the Planning Office and other City Staff as to offer the least amount of inconvenience. 5) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 6) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 7) The applicant should be aware of the potential for historic archaeological resources which may include previous building locations, wells, privies, etc. on the property to the rear of the mansion house. The State Division of Historical & Cultural Affairs can provide technical assistance when dealing with archaeological resources including previous studies at the subject properties. 8) Following Planning Commission approval of the Site Development Master Plan, the Plan must be revised to document all conditions of approval from the Development Advisory Committee or as otherwise noted. This process involves submission of Check Prints in order to achieve Final Plan approval; the finalization of the Master Plan and the Site Plan for Phase 1 can be achieved together. Then the Site Plan of each construction phase/project area (Phases 2-3) must be submitted for Administrative Site Plan Review by the Planning Office 108

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property DAC Report of October 7, 2020 Page 14 and other agencies. Zoning Ordinance, Article 10 §2.44 (D) sets forth the construction timing in relation to approvals. Article 10 §2.44 (D) Expiration of planning commission approval. For projects which are reviewed and approved by the planning commission as conceptual master plans, approval of the conceptual master plan shall remain valid for a period not to exceed five years from the date of planning commission approval, provided that the authorized construction or use has commenced within two years of approval and is proceeding toward completion. In addition, the time between the completion of one phase and the initiation of the next phase shall not exceed a period of two years. 9) The applicant shall be aware that this Master Plan approval does not represent a Building Permit, Demolition Permit, and associated construction activity permits. An Administrative Building Permit will be utilized as a tracking mechanism for the site improvements of the parking lot. Demolition Permits are required to demolish any buildings. A separate application process is required for issuance of Permits from the City of Dover. 10) The applicant shall be aware that Master Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Certain types of signage require a Sign Permit from the City of Dover prior to placement of any such sign; please consult with Planning Staff in regard to signage. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 109

Item 8. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Bayhealth Staff Parking Lot Expansion at Scull Property FILE #: S-20-10 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT PHONE #: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 110

Item 8. Bayhealth Staff Parking Lot Expansion at Scull Property File #: S-20-10 September 30, 2020 Page 2 of 2 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months’ notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. Provide load sheets as soon as possible for proper sizing of transformers and creation of primary fee estimates. Current load sheets can be found at the following link: https://www.cityofdover.com/media/Electric%20Department/COD%20Electric%20Load%20Sheet.pdf. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 111

Item 8. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Bayhealth Staff Parking Lot Expansion at Scull Property FILE #: S-20-10 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER 1. All water utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. b. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. c. The site contractor shall contact the City of Dover Department of Water & Wastewater Construction Manager at (302) 736- 7025 prior to the start of construction. A representative from the City of Dover Department of Water & Wastewater must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 3. Please indicate the water lines that will be abandoned during each phase of the project. WASTEWATER 1. All wastewater utility components must meet the requirements of the Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. 2. The following notes must be added to the plans: a. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Department of Water & Wastewater specifications and requirements. 112

Item 8. Bayhealth Staff Parking Lot Expansion at Scull Property File #: S-20-10 September 30, 2020 Page 2 of 2 b. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 3. Please indicate the wastewater lines that will be abandoned during each phase of the project. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. Please provide all recorded easements on the plans. 3. No trees may be planted within ten feet (10’) of utility infrastructure. 4. The final site plan must be submitted in the following compatible digital formats: a. AutoCAD 2018 (.dwg format). b. Adobe Reader (.pdf format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER 1. The City of Dover water system is available to this site. The developer is responsible for all costs associated with extending and providing service to the proposed development. 2. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Department of Water & Wastewater directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. 3. Water impact fee credits are eligible for this project, in order to obtain the credits you must contact the Department of Water & Wastewater prior to the demolition. The credits will be provided for this parcel only. WASTEWATER 1. The City of Dover sanitary sewer system is available to this site. The developer is responsible for all costs associated with extending and providing service and capacity to the proposed development. 2. Wastewater impact fee credits are eligible for this project, in order to obtain the credits you must contact the Department of Water & Wastewater prior to the demolition. The credits will be provided for this parcel only. GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter and with the Water/Wastewater Initial Plan Submission Checklist, which can be obtained from the following website: https://imageserv9.team- logic.com/mediaLibrary/198/WaterWastewaterHandbookFinal_1.pdf, page 88. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 113

Item 8. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Bayhealth Staff Parking Lot Expansion at Scull Property FILE #: S-20-10 REVIEWING AGENCY: City of Dover Public Works Department CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District is submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. No stormwater management infrastructure or set aside areas have been shown on the plans which are required. STREETS 1. Final site plan approval will not be granted until a copy of the entrance plan approval from DelDOT is submitted to our office. SANITATION 1. None. GENERAL 1. One paper copy of the final site plan must be submitted to our office for approval. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER 1. The City of Dover has completed design for a drainage improvement project for the Meetinghouse Branch which has been reviewed with Bayhealth and various State agencies. The intent of this project is to improve the stormwater capacity and quality for the area. Part of this project is to convert the existing storm sewer, running from S. State Street to the adjacent City property, to open channel flow. a. As part of the proposed lot consolidation plan, easements are to be provided on the plan including, but not limited to, drainage, utility and construction, to ensure existing utilities and proposed improvements are accommodated. b. Coordination must occur with our office to ensure that the grading of the parking lot expansion project will be able to accommodate the Meetinghouse Branch improvement project which will allow for the success of both projects. Documentation must be submitted to our office for review. 114

Bayhealth Staff Parking Lot Expansion at Scull Property Item 8. File #: S-20-10 September 30, 2020 Page 2 of 2 c. The design for the Meetinghouse Branch improvement project is based upon existing conditions. Design of the parking lot expansion project must consider the existing and proposed drainage capacity in the area. Documentation and calculations must be submitted to our office for review. STREETS 1. None. SANITATION 1. None. GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER 1. None. STREETS 1. None. SANITATION 1. City of Dover solid waste collection services will need to be discontinued as part of the proposed plan. GENERAL 1. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 115

C F S-20-10 Item 8. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/30/20 D S O H V A E L R APPLICATION: Bayhealth Staff Parking Lot Expansion at Scull Property FILE #: S-20-10 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Project to be completed per approved Site Plan. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Demolition permits required for the existing structures 2. During the phases, the existing buildings egress, perimeter access, and fire lanes need to remain in place. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 116

Item 8. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Bayhealth FILE#: S-20-10 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The developer shall schedule a meeting to discuss the plan. DelDOT previously approved a parking plan on July 24, 2014, However, it appears this plan is different. 117

Item 8. PARKING LOT EXPANSION NECESSITY The Bayhealth Kent Campus staff is in desperate need of additional parking. The current number of employees for Bayhealth exceeds 2,000; however, that number is increasing. The parking facilities of the hospital must be able to accommodate the shifts that require nearly 700 employees. Not only is the Bayhealth staff increasing, but the community that Bayhealth serves is growing as well, so parking is a key need for the facility. Bayhealth currently has a master plan to expand its parking facilities at the South Street location, which includes a parking garage. However, there is an existing flooding issue in the area that encompasses this lot. The City of Dover informed Bayhealth that the City will be fixing the drainage issue, and that design is underway. But until the flooding issue can be properly fixed, parking is still an issue. The flooding in this area has caused significant damage to property, vehicles, and created issues for the hospital. The proposed parking lot would free up space at the South Street lot for patients and visitors, while Bayhealth Staff park at the Scull Mansion lot. The South Street lot is close to the hospital entrance and is safely accessed by crossing South Street. As the need for outpatient procedures has increased, the demand for safe and accessible parking has also increased. The proposed parking lot expansion at Scull Mansion would allow for patients and visitors to use the parking lot at South Street while the Bayhealth staff would utilize in the Scull Mansion lot. Access to the hospital from the Scull Mansion lot is provided via the lighted pedestrian crossing that runs across State Street. Bayhealth staff will be trained to safely use this crossing. Keeping patients and visitors in the South Street lot prevents untrained individuals from attempting to use this crosswalk. This provides a much safer environment for both pedestrian and vehicular traffic on State Street. The lack of parking for Bayhealth facilities has been a long-standing issue. It has created unnecessary congestion for the public as well as Bayhealth staff and patients. This parking lot expansion not only benefits Bayhealth staff, it benefits every patient that seeks care at this facility. Parking can be safely provided for Bayhealth staff at the proposed facility while their patient base can safely access the hospital from the South Street lot. This eliminates the need for staff to park on the street and relieves congestion in this area. 118

Item 8. SCENIC, HISTORICAL, AND ENVIRONMENTAL PRESERVATION Bayhealth Kent Campus Hospital is an integral part of the City of Dover community. Not only is Bayhealth the largest employer in the city, the hospital also provides a wide variety of services to the public. The proposed parking lot is an essential addition for Bayhealth, providing staff with parking for a shift. The proposed parking lot is located on the east side of State Street at Scull Terrace; properties owned by Bayhealth. This property is adjacent to the Jones River, contains woodlands and wetlands, and Scull Mansion. Bayhealth proposes to preserve the existing woodlands and wetlands that are on site. In addition, the improvements in this area are kept away from the Jones River, so as not to disturb the aquatic environment. The owner would also like to preserve Scull Mansion in a unique and memorable way. This project would require the demolition of Scull Mansion, a building listed on the National Register of Historic Places; however, is not in the City of Dover Historic District. Still, the project does not intend to demolish the history of Scull Mansion, a building which is now used as office space. Bayhealth would like to preserve the memory and history of the building in the form of a memorial which would be located in the parking lot itself, as well as in the hospital. This memorial would preserve the history of Scull Mansion through pictures, a written history, and artifacts from the building. The memorial would show the public everything about Scull Mansion in a timeless preservation located within the parking lot. In addition, another commemorative building component will be located within the hospital itself as a work of historical preservation. This would contain artifacts from Scull Mansion, a history of the building and owners, and specify the location of where the building once stood. The memory of Scull Mansion, as well as pieces from the building, will be preserved and displayed within the hospital for the community benefit. 119

Item 8. WAIVER REQUEST OPAQUE BARRIER AND LANDSCAPING REQUIREMENT KGH DEVELOPMENT CORP. PARKING LOT EXPANSION FOR BAYHEALTH STAFF 2019184.07 REQUEST: Elimination of constructing opaque barrier and landscaping on a non-residential use when abutting a residential use. EXTENT OF THE REQUEST: The City of Dover Zoning Code, Article 5, Section 7.2 requires visual and sound screening be provided on a non- residential use when abutting a residential use. Screening shall consist of an opaque barrier at least six feet in height, accompanied by landscaping. The planning commission may waive this requirement for the opaque barrier in cases where noise is not a concern and the vegetation alone is considered a desirable aesthetic alternative. A waiver is requested to eliminate the construction of the opaque barrier and landscaping on the northern portion of the site. BASIS FOR REQUEST: The basis for this request is the existing area that significantly separates the site improvements from the adjacent residential zone. The site is not in the vicinity of the residential properties; there is a significant distance, ranging from 75’ – 400’, that separates the parking lot improvements from the residential properties. In addition, there is an existing ravine which is as tall as 17’ that significantly separates the parking lot from the residences both visually and from noise. Furthermore, the substantial separation area has an existing, dense tree line that is much taller than the 6’ minimum tree requirement of the City. The owner would like to preserve this wooded area as much as possible. Not only is the existing area densely wooded with a raised earthen ravine; the area is used extensively for utilities as well as by the City of Dover. There are existing overhead electric, major city storm drain, and major city sewer located in the area that run to the City of Dover Treatment 201918407am-Waiver-Opaque Barrier and Landscaping 120

Item 8. Plant. Erecting a fence would compromise the existing utilities and cause significant hinderance to access of the area. Additionally, this area is prone to flooding from State Street and the surrounding area. There is an existing ravine that causes stormwater runoff to flow from the residences into the separation area. There is another existing ravine that allows stormwater to flow from the parking lot area into the separation area. Both ravines flow directly into the low-lying area that separates the parking lot improvements and the residences. Erecting a fence on either side of this separation area would impede floodwater flow, causing additional flooding of the residential properties and parking lot area. Disturbing the area for fencing and landscaping would not only impede floodwaters, but could cause scour erosion which would impact the city’s existing infrastructure. For the reasons listed above, Becker Morgan Group is requesting a full waiver from Article 5, Section 7.2 of the City of Dover Zoning Code. 201918407am-Waiver-Opaque Barrier and Landscaping 121

Item 8. 122

Item 8. 123

Item 8. MAIN OUTPATIENT ENTRANCE REHAB DISCHARGE ED ENTRANCE OUTPATIENT PHYSICIAN ENTRANCE BAYHEALTH BIKE RACKS PARKING 124

Item 8. S-20-10 Bayhealth Staff Parking Lot Expansion at Scull Property EXHIBIT SET 1 – Public Comments Received Public Comments (received to date 10/9/2020) 1. Letter from Friends of Old Dover (Dover Historical Society) received 10/5/2020 2. Email from Nathan Attard on 10/9/2020 with attached copy of Letter sent to Terence Murphy, CEO Bayhealth. Letter includes with listing of Petitioners in support of Letter. 125

Item 8. 126

Item 8. From: Arnold, Nichole M To: Melson-Williams, Dawn Subject: FW: Letter regarding Bayhealth"s proposed demolition of the Scull Mansion Date: Friday, October 09, 2020 9:44:42 AM Attachments: Scull_Mansion_Letter.pdf Is this for you? From: Nathan Attard <nateattard@gmail.com> Sent: Friday, October 9, 2020 6:36 AM To: danielle_pro-hudson@bayhealth.org; pam_marecki@bayhealth.org Cc: Permits & Licenses <permitsandlicenses@dover.de.us> Subject: Letter regarding Bayhealth's proposed demolition of the Scull Mansion Ms Pro-Hudson and Ms. Marecki, My name is Nate Attard, I organized an online petition campaign asking Bayhealth to reconsider its decision to demolish the Scull Mansion. Attached is the letter that resulted from the campaign so far, which started on Sunday 10/04 and will continue until a final decision is made by the City. We have more than 100 signatories, including 27 Dover residents. I apologize for having to direct this letter to you, however the email of the CEO is not listed on the Bayhealth website. If you could kindly direct it to him, I would appreciate it. I can be contacted at this email and at the phone number below. Thank you, Nate Attard -- Nathan Attard nateattard@gmail.com 716.868.6594 (m) 127

Item 8. Terence Murphy CEO, Bayhealth 640 South State Street Dover, Delaware 19901 Dear Mr. Murphy, We the undersigned are aware of an upcoming meeting of the City of Dover Planning Commission on October 19, 2020. At this meeting, Bayhealth is seeking site plan approval for a proposal that will result in the demolition of a number of buildings, including the historic Scull Mansion, listed as Greenwold on the National Register of Historic Places. These buildings would be replaced by more than 450 parking spaces per a City of Dover agenda. Greenwold was constructed in 1863 by Manlove Hayes, a Kent County farmer, steamship line owner, clerk of the Delaware Senate and State Representative, who is credited with designing the house himself. The house is one of Dover's surviving Italianate stucco buildings, relatively rare in Dover due to the community's interest in the Colonial Revival style in the early to mid-20th Century, which would have seen many of these houses redesigned. Popularly referred to in Dover as the Scull Mansion, the house's listing on the Register was due to the initiative of Sarah Scull, occupant of the house until 1986, the widow of Dr. Carl Scull, who preceded her in death in 1950. Dr. and Mrs. Scull are buried in nearby Christ Church Cemetery. We appreciate Bayhealth's stewardship of this property until the year 2020. Bayhealth has found numerous acceptable uses for this house since it took ownership, and ideally these would continue. We ask that you continue in this stewardship role of this piece of Dover's history, or allow others the opportunity to do so through sale of the historic house, with requisite protection, such as a preservation easement, that will allow for its restoration. We are aware that the City of Dover has created no form of legal protection for this property or any properties outside its designated historic district, and technically this can take place without review by the Historic District Commission. We implore you as our community's hospital to please consider the good of the community in this action. Once lost, this piece of history cannot be replaced. Its removal will forever change the landscape of South State Street and erase the memories above that belong to it. Thank you. Nathan Attard, Dover (Petition Organizer) Mary Kathleen Bason, Dover Alex Griffin, Dover Elisabeth Vassas, Dover Kate Crossan, Dover Ruth Ann Piper, Dover Ellen Richardson, Dover* Sally Verma, Dover Teresa Pierce, Dover Robert Clemens, Dover Kathleen Spicer, Dover Kaitlyn Rose Staub, Dover Nathan Walston, Dover Theresa Staub, Dover Linda B. Capone, Dover James M. Staub, Dover 128

Item 8. Laura Bell-Burkett, Dover Jenny Mola, Frederica, DE Craig Burkett, Dover Lorraine J. Dion, Frederica, DE Cheri Knies, Dover Sarah Hohman, Georgetown, DE Anneke Cerri, Dover Lisa Maglione, Greenwood, DE Jeff Cerri, Dover Patty Murray, Hartly, De Patrick Weaver, Dover Nancy L Crowder, Historic New Castle, DE Erika Martine-Duquette Dover Susan Washinski, Houston, DE Jodie Wedel, Dover Jane Dean, Lincoln DE Adam Cerri, Dover Bruce Knotts, Magnolia, DE Gerald & Diane Strert, Dover Donna W. Josefowski, Magnolia, DE Jean Northwood, Dover William Lindewirth, Magnolia, DE The Hurst Family, Dover Heather Truitt, Magnolia, DE Cynthia Witt (Mrs. Charles L. Witt), Dover Carl Roosa, Magnolia. DE Hilary Welliver, Dover Yvonne Steele, Marydel , DE Brad Richardson, Dover Susan Kemer, Middletown, DE John Pancoast, Dover Ben Haigh, Middletown, DE Sen. Trey Paradee, Dover Sharlym N Ives, Middletown, DE Barbara Sheperson, Dover Stacy Calvert, Middletown, DE Bethany Geleskie, Dover Danny Jenkins, Middletown, DE Stephanie Twilley Seeman, Dover Jeff Kokoszka, Middletown, DE Georgeanna Windley, Dover Rosemary Connelly, Milford, DE Tim Shepperson, Dover Justin Stumpf, Newark, DE Tyler Capanna, Bear, DE Elle Sheaffer, Newark, DE Lois Hutson, Bellingham, WA (former Delaware Sharon Mitchell, Newark, DE resident) Nancy Willing, Newark, DE Bryan Hudson, Camden, DE Sherri Clark, Newark, DE Charles P. Ritchie, Camden, DE Jeff Pincin, Newark, DE John Riggins, Camden, DE Anne Groo, Newark, DE Susan Rigby, Camden, DE Ernie Mabrey, Philadelphia, PA Ann Martini, Camden, DE Janet Converse, Raymond, OH Crystal Beenick, Camden-Wyoming, DE Wendy Miller, Richfield Springs Georgia Kimball, Camden Wyoming, DE Dee Durham, Rockland, DE Ruth Anne Clarke, Chesapeake City, MD Jared Pibkerton, Seaford, DE Si Osborne, Chicago, IL** Cheryl Thaler, Seaford, DE Elaine Morris, Clayton, DE Gere Durkin, Smyrna, DE Daniel Mifflin Wilson, Cleveland, OH*** Caitlin Wright, Smyrna, DE Lynn Dilliplane, Delaware City, DE D Sue Hensley, Smyrna, DE John Martin, Delaware City, DE Leora Briggs Hansa, Smyrna, DE D Hansen, (not listed) Ashley Pelletier Smyrna, DE Alicia Gibson, Elkton, MD Kristina Coldiron, Townsend, DE Tina Husfelt, Ellendale, DE Steven Hubschmitt, Wilmington, DE Donald Adriance, Felton, DE Nancy Graybeal, Wilmington, DE Carol T, Felton, DE Sandra Messick, Wilmington, DE Michael Smith, Felton DE Steve Hubschmitt, Wilmington, DE 129

Item 8. Sarah Luca, Wilmington, DE Joyce Schurter, Wyoming, DE Carolyn Roland, Wilmington, DE Liza Giaccone, Wyoming, DE Michelle Jones, Wilmington, DE Jessica Besecker, Wyoming, DE Sarah Ottinger, Wyoming, DE Liz Dunn, (not listed) Notes provided to the petition organizer: *Ms. Richardson is the daughter-in-law of Becky Scull Richardson, who was the daughter of Dr. and Mrs. Scuill **Mr. Osborne is the grandson of Sarah Scull ***Mr. Wilson wrote “It was the home of my great great grandfather, Manlove Hayes. He lived there until his death in 1910, his daughter Anna Bell Hayes lived at Greenwald until she died in 1946. I lived there when I was born in 1943. Our family sold the Manlove Hayes house to Dr Scull in 1946, the heirs, Manlove Hayes Wilson, Ralph C Wilson, & Richard E Wilson (also known as grandsons of Manlove Hayes). We would hope City of Dover would preserve, as aside, where City Hall is now, where the Library is located, are both on the lands of Manlove Hayes. cc: City of Dover Planning Commission 130

24x36 24x36 Item 8. WWW.beckermorgan.com LANDS N/F X FP E RAC RICHARD J. KOSIOR 24x36 & KATHLEEN P. KOSIOR T.P.: 2-05-07709-05-7100-00001 FP FP ELM TER 24x36 DEED REF.: 5045-0067 LANDS N/F LANDS N/F MICHAEL GRANT X MATHEW PERZA ZONING - R8 & RACHEL GRANT N N EET T.P.: 2-05-07709-05-7101-00001 FP T.P.: 2-05-07709-05-6500-00001 DEED REF.: 8452-0199 DEED REF.: 9012-0298 FP STR ZONING - R8 ER 24x36 ZONING - R8 FP WAT 24x36 LANDS N/F X DENNIS J. GRIMM N 78° 25' 47 "E FP T.P.: 2-05-07709-05-6400-00001 DEED REF.: 5079-0078 N 16° 12' 10" W 75.44' FCM LANDS N/F 605 S. STATE ST. FIP X . H ST ZONING - R8 KATHLEEN M. UNTERKOFLER T 2-05-07713-01-4900-00001 SOU T.P.: 2-05-07709-05-6300-00001 24x36 FP DEED REF.: IS-0026-0405 LANDS N/F 3.45 AC. 24x36 FP ZONING - R8 LISA MARIE ROSSI FP X 343.96' T.P.: 2-05-07709-05-6200-00001 FP FIR F DEED REF.: 7048-0014 FP SITE LIMITS OF PHASE 10'3SIDE YARD SETBACK LINE SP 68 ZONING - R8 X X TOTAL: 11.43 AC.± ARCH I T E C TURE B ECKER M ORGAN G ROUP ARCHITECTURE - ENGINEERING DOVER, DE SALISBURY, MD WILMINGTON, NC V X ° FP V X SITE PARKING ADDITION X 24x36 24x36 06 V FP FP X 48.98' V X FP 150 SCULL TERRACE ENG I NE E R I NG X 26.45' '3 FP X FP SOUTH GOVERN FP 2-05-07713-01-5100-00001 3" WAY SOUTH STATE STREET FP FP 7.98 AC. FP FIP E FP SCM FP X FIR V FP V FP HIG Dover, DE SOUTH STATE STREET 24x36 24x36 H ORS AVENUE X 309 S. Governors Ave. DUP Dover, DE 19904 V LANDS N/F MOLLY B. PHILLIPS FP ONT APPROXIMATE LOCATION 12 T.P.: 2-05-07709-05-6100-00001 Ph. 302.734.7950 FP X FP 24" OF 100 YEAR FLOOD PLAIN 7. DEED REF.: 7372-0173 FP 24x36 24" 30" 24" 16 ZONING - R8 LANDS N/F DONALD L. HENRY Fax 302.734.7965 24x36 FP V ' T.P.: 2-05-07709-05-6000-00001 N 87 DEED REF.: 5775-0149 LANDS N/F X SO U Salisbury, MD 36" ° 59' ZONING - R8 TH FP GIA DOWNTOWN V 32" E FP FP PROPERTIES, LLC 24x36 96" V T.P.: 2-05-07709-05-5901-00001 X 312 West Main St. Suite 300 24x36 FP DEED REF.: 8444-0331 Salisbury, MD 21801 FP V ZONING - R8 HOPE ST. 5 FP FIP 152. CITY OF DOVER - KENT COUNTY, DELAWARE Ph. 410.546.9100 FP V 09' X Fax 410.546.5824 N 77° 42' 04" FP 24x36 LANDS OF V E LOCATION MAP FP SCALE: 1" = 400' VICINITY MAP SCALE: 1" = 1000' Wilmington, NC 24x36 RADIUS: 1462.69' V 50.03' BAYHEALTH MEDICAL CENTER, INC 2019184-07-V-Map-400 2019184-07-V-Map-1000 ARC LENGTH: 284.55' V S 15° 02' 25" E X CHORD BEARING: N 10° 37' 47" W 48" V 7.58' 3333 Jaeckle Drive, Suite 120 FP TOTAL AREA: 11.43 ACRES± Xref-Phase-1-Parking-Blk FCM .90' V SITE DATA - SCULL MANSION PROPERTY Wilmington, North Carolina 28403 108 47" W 2019-184-Site-Data-001 24x36 CHORD LENGTH: 284.10' Xref-Phase-2-Parking-Blk 24x36 Xref-Phase-3-Parking-Blk FP Ph. 910.341.7600 34' X FP 1. OWNER OF RECORD: BAYHEALTH MEDICAL CENTER, INC 48" 24" S 52° C/O MIKE METZING VP, CORPORATE SUPPORT SERVICES Fax 910.341.7506 10 640 SOUTH STATE STREET X www.beckermorgan.com 24x36 5' FP DOVER, DE 19901 74.9 24x36 FP 18 9 .85' 2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC. 15' REAR YARD X FP 183 FP 48" 309 SOUTH GOVERNORS AVE. 70.00' S 15° 02' 25" E SETBACK LINE FP TWO STORY FP DOVER, DELAWARE 19904 24x36 BRICK X 24x36 BUILDING 302-734-7950 2,743 SQ. FT. LANDS N/F RADIUS: 1462.69' CITY OF DOVER 3. PROPERTY LOCATION: 150 SCULL TERRACE & 605 S. STATE ST. ARC LENGTH: 462.51' T.P.: 2-05-07713-01-5700-00001 X 10 6 DOVER, DE 19901 24x36 CHORD BEARING: N 7° 08' 39" W CHORD LENGTH: 460.59' 48" LIMITS OF PHASE 1 FP DEED REF.: 5011-0121 ZONING - IO FP 4. TAX PARCEL NUMBERS: 2-05-07713-01-4900-00001 605 S. STATE ST. 3.45 AC. 24x36 PARKING ADDITION APPROXIMATE LOCATION X LANDS N/F 5. (PARCELS TO BE CONSOLIDATED) ZONING CLASSIFICATION: 2-05-07713-01-5100-00001 IO - INSTITUTIONAL AND OFFICE (CITY OF DOVER) 150 SCULL TERRACE 7.98 AC. 60" OF 100 YEAR FLOOD PLAIN FP CITY OF DOVER ONE STORY X 24x36 FRAME T.P.: 2-05-07713-01-5000-00001 SWPOZ TIER 1 AND 3 - SOURCE WATER PROTECTION OVERLAY ZONE 24x36 BUILDING N 74° 57' 34" E FP DEED REF.: T-0036-0203 170.01' ZONING - IO 6. DEED REFERENCE: D-657-20 & S-39-127 S 15° 02' 25" E 1,112 SQ. FT. 71.52' 98.49' X 10 34 V 7. SITE AREA (AFTER CONSOLIDATION): 11.43 ACRES 24x36 10 FP V X FP 8. SETBACKS: IO - INSTITUTIONAL AND OFFICE 24x36 24" V STREET YARD: 10 FEET PROPERTY LINE TO BE SIDE YARD: 10 FEET FP V X REAR YARD: 15 FEET EXTINGUISHED PER THE FP 24x36 CONSOLIDATION PLAN V SIDE/REAR ADJOINING "R" ZONES: 30 FEET 24x36 60" 30" FP X 9. BULK STANDARDS: IO - INSTITUTIONAL AND OFFICE 20' FRONT YARD 80.00' FIP MINIMUM AREA: 10,000 SQ. FT. SETBACK LINE 30" X X 36 21 X MINIMUM FRONTAGE: 100 FEET 24x36 36" 24x36 24" S8 MINIMUM DEPTH: 100 FEET RADIUS: 1462.69' 30" ONE STORY 7° 2 X BUILDING HEIGHT: 150 FEET/10 STORIES ARC LENGTH: 177.96' POLE 9' 2 BUILDING N 73° 01' 53" E X 2" E FLOOR AREA RATIO: 6.0 24x36 CHORD BEARING: N 1° 34' 16" W CHORD LENGTH: 177.86' 30 " EET 290 294 1,440 SQ. FT. 197 28.34' X 78.4 8 X ' S 10. USE: MAX LOT COVERAGE: 85% EXISTING: MEDICAL FACILITY 24x36 74 10 °5 X PROPOSED:MEDICAL FACILITY 0' 58 STR X 11. ROAD CLASSIFICATION: SOUTH STATE STREET - MINOR ARTERIAL - 25 MPH 24x36 38 34 "E 24x36 X 12. PROPERTY LOCATION: LATITUDE: N 39° 09' 13.08" GRS80 - NAD83 (2011) TWO STORY 60 LONGITUDE: W 075° 31' 23.25" GRS80 - NAD83 (2011) FRAME BUILDING 1,044 SQ. FT. LIMITS OF PHASE 3LIMITS OF PHASE 2 X FP 13. SURVEY DATUM: NGS MONUMENTS FO X 24x36 TE PARKING ADDITION PARKING ADDITION FP VERTICAL: NAVD 88 - XX 24x36 KCR OT W X HORIZONTAL: NAD 83 (2011) DSP - XX X STA X 14. SURVEY UNIT: LINEAR: US SURVEY FOOT 25, IDE R 24x36 FP 18 ANGULAR: DEGREES MINUTES SECONDS (DMS) 42 34 FP 24x36 X 3.8 FP COORDINATE TYPE: GROUND 8' 19 13 X MIN I OR GHT O 15. MONUMENTATION: 8 FOUND / 7 SET TH FP 30" 9 16. SURVEY CLASSIFICATION: SUBURBAN SURVEY 184 24x36 24x36 S 34 TWO STORY STUCCO BUILDING FP X PROJECT TITLE 17. UTILITIES: SEWER - CITY OF DOVER SOU .88' ART F W 2,100 SQ. FT. WATER - CITY OF DOVER ° 35X ELECTRIC - CITY OF DOVER BAYHEALTH ERI A 17 GAS - CHESAPEAKE UTILITIES AL Y ' 27" 24x36 24x36 EXISTING ONE-STORY 44 17 COVERED ENTRANCE BRICK 38 BUILDING OUTPATIENT SURGERY CENTER 26 FP X E 18. PREDOMINANT SOILS: 19. MAXIMUM LOT COVERAGE: SaB: SASSAFRAS SANDY LOAM, 2 TO 5 PERCENT SLOPES 85% MEDICAL 24x36 27" 10,800 S.F. ± - FOOTPRINT 15' REAR YARD X 20. IMPERVIOUS COVERAGE: POST PHASE 3: IO ZONING - 85% PERMITTED PROPOSED 5.5 AC. / 11.43 AC. = 48% CENTER, INC 24x36 193 SETBACK LINE FP X 21. OUTDOOR LIGHTING: LIGHTING SHALL BE 1.5 FOOT CANDLES (MINIMUM) AT GRADE SCULL PROPERTY 24x36 24x36 X 17 19 13 SITE DEVELOPMENT 10 9 60" FP X MASTER PLAN 24x36 24x36 E D. ONE STORY X BAYHEALTH STAFF .50' FRAME 17 19 13 34" BUILDING PARKING LOT 176 5,044 SQ. FT. X 24x36 34' FP EXPANSION 24x36 N 1° SCULL TERRACE 98 X N 78° 28' 32 E 605 S. STATE STREET "E 25.33' X 24x36 10' SIDE YARD FLOODPLAIN LINE CITY OF DOVER 24x36 SETBACK LINE 37.87' 12 18 2020 13 FP KENT COUNTY, DELAWARE FCM 18" FCM 121.55' S 11° 54' 41" SHEET TITLE 24x36 24" 24x36 1115.96' S 72° 59' 55" W COVER SHEET X 15 0 15 30 30 FP 45 45 60 60 75 75 90 75 60 90 75 60 X 45 45 30 30 15 0 15 24x36 20' WIDE KENT COUNTY 24x36 LANDS N/F UTILITY EASEMENT X CHURCH OF THE HOLY CROSS, DOVER, DELAWARE T.P.: 2-05-07713-01-5600-00001 X DEED REF.: Q-0020-0165 ZONING - IO X X X FP 24x36 24x36 X X X X 20' 24x36 24x36 X FP X X 20' WIDE CITY OF DOVE 24" R UTILITY EASEMENT X 24x36 24x36 0 25 50 100 GENERAL NOTES: GENERAL NOTES: 2019-184-General-Notes-L-001 24x36 24x36 1. THE BOUNDARY & TOPOGRAPHIC DATA SHOWN HEREON WAS COMPILED FROM A FIELD SURVEY 11. ALL CONSTRUCTION METHODS AND MATERIALS SHALL BE ACCORDANACE WITH THE CITY OF DOVER PERFORMED BY BECKER MORGAN GROUP, INC. , DOVER, DE. IN APRIL 2020. PROJECT VERTICAL DATUM IS DEPARTMENT OF PUBLIC UTILITIES CONSTRUCTION STANDARDS AND SPECIFICATIONS AND THE STATE OF Do Not Explode - Select Scale BASED ON NAVD 88 AND PROJECT HORIZONTAL DATUM IS BASED ON DELAWARE STATE PLANE (NAD83), GPS DERIVED FROM N.G.S. CONTROL MONUMENTS. DELAWARE CONSTRUCTION STANDARDS AND SPECIFICATIONS. SCALE: 1" = 50' 24x36 12. ALL FIRE LANE DEMARCATION AND FIRE LANE SIGNS SHALL BE IN ACCORDANCE WITH ALL THE STATE FIRE 24x36 2. THE BOUNDARY LINES PORTRAYED HEREON HAVE BEEN ESTABLISHED BASED SOLELY ON PHYSICAL PREVENTION REGULATIONS. EVIDENCE DISCOVERED IN THE FIELD IN CONJUNCTION WITH DETERMINATIONS DERIVED FROM SOURCE OF ISSUE BLOCK 13. EASEMENT AGREEMENT WITH AND FOR THE BENEFIT OF HOLY CROSS CHURCH FOR PURPOSE OF INGRESS TITLE AND ADJACENT DEED RECORD INFORMATION. AND EGRESS ACROSS LANDS OF KENT GENERAL HOSPITAL, INC. (P. 51.00) SHOWN HEREON, IN DEED BOOK 24x36 3. ALL UTILITY LOCATIONS AND SIZES SHOWN HEREON ARE EITHER MARKED LOCATIONS IN THE FIELD, O47 PAGE 063 DATED JANUARY 30, 1987 AND RECORDED IN THE KENT COUNTY OFFICE OF RECORDER OF DEEDS. ENGINEERS CERTIFICATION 2019-184-Engineers-Cert PARKING SUMMARY - BAYHEALTH MEDICAL CENTER CAMPUS 2019-184-Parking-Data-001 24x36 VISIBLE AND FIELD LOCATED STRUCTURES OR TAKEN FROM UTILITY MAPS PROVIDED BY UTILITY PROVIDERS. HOWEVER, LACKING EXCAVATION, THE EXACT LOCATION OF UNDERGROUND FEATURES 14. THE SUBJECT SITE IS WITHIN A DOWNTOWN REDEVELOPMENT TARGET AREA AND THEREFORE, EXEMPT I, GREGORY V. MOORE, HEREBY CERTIFY THAT I AM A REGISTERED ENGINEER IN THE STATE OF DELAWARE, 1. SUBJECT AREA: 38.47 ACRES ± / 1,676,139 S.F. ± CANNOT BE ACCURATELY, COMPLETELY AND RELIABLY DEPICTED. FROM THE REQUIREMENTS AND RESTRICTIONS OF THE SOURCE WATER PROTECTION OVERLAY ZONE THAT THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER MY SUPERVISION AND TO THE BEST OF 2. NUMBER OF EMPLOYEES: 2,052 (TOTAL STAFF) 24x36 4. THE AREA OF DEVELOPMENT SHOWN HEREON IS NOT IMPACTED BY THE 100 YEAR FLOOD ZONE AS SHOWN (SWPOZ), TIER 3 - EXCELLENT RECHARGE AREA. MY KNOWLEDGE AND BELIEF REPRESENTS GOOD ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE 24x36 ON KENT COUNTY, DELAWARE FIRM MAP 10001C0169J, PANEL 169, REVISED JULY 7, 2014. PORTIONS OF LAWS OF THE STATE OF DELAWARE. 15. THE IMPROVEMENTS SHOWN FOR THE PROJECT SITE ARE NOT LOCATED WITHIN THE SOURCE WATER AREA EXISTING POST POST POST THE OVERALL PROPERTY ARE LOCATED WITHIN ZONE "X", AREA OF MINIMAL FLOOD HAZARD. PROTECTION OVERLAY ZONE (SWPOZ), TIER 1 - SECONDARY WELLHEAD PROTECTION AREAS. PHASE 1 PHASE 2 PHASE 3 5. WETLANDS SHOWN HEREON WERE FIELD LOCATED BY BECKER MORGAN GROUP, AS DELINEATED BY 16. THE PROPERTY WAS PREVIOUSLY SUBMITTED TO THE PLANNING COMMISSION AND WAS GRANTED "ON-CAMPUS" HOSPITAL PARKING: 1,132 1,132 1,132 1,132 24x36 BY WATERSHED ECO, LLC. THE AREA OF DEVELOPMENT SHOWN HEREON IS NOT IMPACTED BY APPROVAL OF THE SITE PLAN ON MAY 20, 2013 WITH THE FOLLOWING DECISIONS: 24x36 FRESHWATER WETLANDS. GREGORY V. MOORE P.E. NO. 9311 DATE "OFF-CAMPUS" HOSPITAL PARKING: 242 242 242 242 1. APPROVED A WAIVER FOR ELIMINATION OF PORTIONS OF UPRIGHT CURBING TO ALLOW THE FLOW OF 6. ALL ROADS, PARKING AND OTHER PAVED AREAS WILL BE PRIVATELY OWNED AND MAINTAINED AND ARE STORMWATER RUNOFF INTO THE STORMWATER MANAGEMENT AREA. SCULL PROPERTY PARKING 227 517 589 680 . NOT INTENDED FOR DEDICATION. 2. APPROVED THE USE OF JOINT PARKING FACILITIES PROVISIONS WHICH WILL ALLOW THE PROPOSED . . . 24x36 TOTAL CAMPUS PARKING 1,601 1,891 1,963 2,054 24x36 7. DELAWARE REGULATIONS PROHIBIT THE BURIAL OF CONSTRUCTION DEMOLITION DEBRIS, INCLUDING PARKING FOR THIS PROJECT TO BE COMBINED WITH THE EXISTING PARKING PROVIDED ON THE MAIN MARK DATE DESCRIPTION TREES AND STUMPS ON CONSTRUCTION SITES. ANY SOLID WASTE FOUND DURING EXCAVATION MUST BE BAYHEALTH MEDICAL CENTER FACILITIES. LAYER STATE: C-001 REMOVED AND PROPERLY DISCARDED. 3. BASED ON DISCUSSIONS BETWEEN BAYHEALTH MEDICAL CENTER AND HOLY CROSS CHURCH & SCHOOL, 8. ALL ACCESSIBLE PARKING DEMARCATION, STALLS, AND BUILDING ACCESSIBLE ROUTES SHALL COMPLY THE FOLLOWING CONDITIONS WERE MET: OWNERS CERTIFICATION 2019-184-Owners-Cert SHEET INDEX 2019-184-Sheet-Index PROJECT NO.: 2019184-07 24x36 24x36 A. THE PARALLEL PARKING SPACES ON THE SOUTH SIDE OF THE ENTRANCE DRIVE (SCULL TERRACE) WITH THE "AMERICANS WITH DISABILITIES ACT". ADJACENT TO THE HOLY CROSS PROPERTY BETWEEN SOUTH STATE STREET AND HOLY CROSS WE, BAYHEALTH MEDICAL CENTER, INC., HEREBY CERTIFY THAT WE ARE THE OWNER OF THE PROPERTY C-001 COVER SHEET DATE: 2020-09-04 9. THIS DRAWING DOES NOT INCLUDE NECESSARY COMPONENT FOR CONSTRUCTION SAFETY. ALL DESCRIBED AND SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT OUR DIRECTION, AND THAT WE CONSTRUCTION MUST BE DONE IN COMPLIANCE WITH THE OCCUPATIONAL SAFETY AND HEALTH ACT OF ENTRANCE ARE TO BE ELIMINATED. ACKNOWLEDGE THE SAME TO US BY ACT AND DESIRE THE PLAN TO BE DEVELOPED AS SHOWN IN ACCORDANCE C-101 EXISTING CONDITION SCALE: AS SHOWN B. THE PARALLEL PARKING SPACES ON THE SOUTH SIDE OF THE ENTRANCE DRIVE (SCULL TERRACE) 1970 AND ALL RULES AND REGULATIONS THERETO APPURTENANT. ADJACENT TO THE HOLY CROSS PROPERTY AND EAST OF THE HOLY CROSS ENTRANCE ARE TO BE WITH ALL APPLICABLE LAWS AND REGULATIONS. C-201 SITE PLAN - PHASE 1 DRAWN BY: M.A.R. PROJ. MGR.: M.A.R. 24x36 24x36 10. BEFORE THE CONTRACTOR CAN BEGIN CONSTRUCTION HE MUST OBTAIN THE PROPER PERMITS AND/OR ELIMINATED. C-202 SITE PLAN - PHASE 2 APPROVALS FROM THE CITY OF DOVER (C.O.D.), DELAWARE DEPARTMENT OF NATURAL RESOURCES SHEET (D.N.R.E.C.), DELAWARE DEPARTMENT OF TRANSPORTATION (DELDOT), CITY OF DOVER DEPARTMENT OF C-203 SITE PLAN - PHASE 3 L-101 LANDSCAPE PLAN 24x36 PUBLIC WORKS, CITY OF DOVER DEPARTMENT OF PUBLIC UTILITIES AND APPROPRIATE STATE AND COUNTY AGENCIES. MIKE METZING VP, CORPORATE SUPPORT SERVICES DATE 1 LOT CONSOLIDATION PLAN C-001 COPYRIGHT 2020 24x36 131 C-001 - BayHealth Scull Property 24x36 F:\AutoCAD\Projects\2019\2019184-07\DWG\201918407-Site-C3d18.dwg, Sep 04, 2020 - 12:41pm 24x36

24x36 24x36 Item 8. UE X LEGEND 24x36 FP 24x36 12 ITEM EXISTING PROPOSED X SANITARY GRAVITY SEWER LINE, EX. 10"S 10" S FP SIZE & FLOW DIRECTION 24x36 OT FP X 24x36 SANITARY SEWER FORCE MAIN, SIZE EX. 10" F.M. 12" F.M. 12 LANDS N/F FP & FLOW DIRECTION FP 18 U.T. RICHARD J. KOSIOR U.T. & KATHLEEN P. KOSIOR FP X SANITARY SEWER MANHOLE (S.M.H.) T.P.: 2-05-07709-05-7100-00001 DEED REF.: 5045-0067 P LANDS N/F 24x36 LANDS N/F F MICHAEL GRANT SANITARY SEWER CLEANOUT 24x36 MATHEW PERZA ZONING - R8 X EX. 15"S 12 & RACHEL GRANT T.P.: 2-05-07709-05-7101-00001 FP FP WATER MAIN & SIZE EX. 10" W 12" W DEED REF.: 8452-0199 T.P.: 2-05-07709-05-6500-00001 RCP EX. 48" OT ZONING - R8 DEED REF.: 9012-0298 FP F.H. F.H. ARCH I T E C TURE ZONING - R8 FIRE HYDRANT EX. 6"W X 24x36 24x36 EX. 15"S LANDS N/F WATER VALVE (W.V.) OR METER (W.M.) N 78° 25' 47 FP DENNIS J. GRIMM T.P.: 2-05-07709-05-6400-00001 FP X W.M. W.V. W.M. W.V. ENG I NE E R I NG FCM " EEX. 48" RC DEED REF.: 5079-0078 LANDS N/F STORM DRAIN MANHOLE (S.D.M.H.) PFIP N 16° 12' Dover, DE 10" W 75.44' ZONING - R8 KATHLEEN M. UNTERKOFLER FP U.T. 12 24x36 EX. 15"S T.P.: 2-05-07709-05-6300-00001 STORM DRAIN LINE (CMP OR RCP) X 24x36 FP DEED REF.: IS-0026-0405 LANDS N/F 309 S. Governors Ave. OT FP ZONING - R8 LISA MARIE ROSSI FP T.P.: 2-05-07709-05-6200-00001 CATCH BASIN Dover, DE 19904 343.96' EX. 12"S X FP FIR FP DEED REF.: 7048-0014 ZONING - R8 Ph. 302.734.7950 FP UTILITY POLE W/ OVERHEAD SERVICE 24x36 S (TELEPHONE X X OR ELECTRIC OR BOTH) FP Fax 302.734.7965 24x36 18 17 68 FP V V V X X X U.T. 16 10' SIDE YARD SETBACK LINE °0 EX. 15 FP X 48.98' 15 FP X X UNDERGROUND ELECTRIC U.E. U.E. Salisbury, MD 26.45' 14 "S FH 18 X FP EX 6' FP V V FP X X X FP . 4 33 FP FP UNDERGROUND TELEPHONE U.T. U.T. 312 West Main St. Suite 300 24x36 8" "E FP FP 24x36 FP FIP RC FP Salisbury, MD 21801 SCM . W.V 12 P V FP V FP EX. 15"S X UNDERGROUND GAS MAIN EX. 2" G 2" G OE FIR FP FP N/A Ph. 410.546.9100 OE OE PAVEMENT TO BE REMOVED 188 OE OE X Fax 410.546.5824 1 OE OE 24x36 112 OE OE OE OE OE OE CONCRETE CURB & GUTTER 24x36 2 V OE OE OE OE OE Wilmington, NC LANDS N/F OE OE CONCRETE SIDEWALK, SLAB / PAVING 13 FP MOLLY B. PHILLIPS X FP . EX. 8"S APPROXIMATE LOCATION T.P.: 2-05-07709-05-6100-00001 FP 3333 Jaeckle Drive, Suite 120 W.V 11 V 12 IMPERVIOUS SURFACED ROAD, DRIVE W.V W 24" 24" 30" 14 12 OF 100 YEAR FLOOD PLAIN 7. DEED REF.: 7372-0173 ZONING - R8 LANDS N/F OR LOT FP Wilmington, North Carolina 28403 24x36 EX. 8"W . 13 16 X FP 24x36 .V. W.V 15 24" 14 FP ' DONALD L. HENRY Ph. 910.341.7600 T.P.: 2-05-07709-05-6000-00001 INDIVIDUAL TREE OR BUSH N/A UT . UT 15 FP V DEED REF.: 5775-0149 EVERGREEN DECIDUOUS Fax 910.341.7506 16 36" 16 N 87 ZONING - R8 LANDS N/F X WIRE FENCE X X X X X X V ° 59' GIA DOWNTOWN FP www.beckermorgan.com FP 32" E FP 17 18 19 V PROPERTIES, LLC CHAINLINK FENCE 24x36 19 17 24x36 96" FP T.P.: 2-05-07709-05-5901-00001 X STOCKADE FENCE DEED REF.: 8444-0331 OE 18 FP V ZONING - R8 FIP FP FP STRUCTURE (CONCRETE, WOOD, 19 FP V 152. METAL, ETC.) 24x36 U.T. 09' X FP 24x36 EX. 12"S U.T. 20 20 LIMITS OF PROPOSED FP V V N 77° 42' 04" E DRAINAGE DITCH OR SWALE RADIUS: 1462.69' PARKING IMPROVEMENTS V 50.03' EMBANKMENT SIDESLOPES (DOWN) 21 S 15° 02' 25" E 24x36 ARC LENGTH: 284.55' V X 24x36 V FP CONTOUR 49 55 CHORD BEARING: N 10° 37' 47" W 48" 21 V 7.58' FP 22 FP FCM 43.55 25.50 T.C. .90' V ELEVATION SPOT SHOT CHORD LENGTH: 284.10' 25.15 108 47" W 20 25.00 B.C. 23 BENCH MARK 34' X N/A 52° 24x36 24x36 22 PROPERTY OR RIGHT-OF-WAY LINE 48" 24" S AC 23 X FP CENTERLINE FP 24 FP 24 5 ' LIGHT POLE FP 74.9 24x36 25 X 24x36 CONSTRUCTION NOTE N/A .85' EX. 18"S 26 48" 15' REAR YARD FP 183 10 1 21 X FP 25 TWO STORY 27 1 2 SETBACK LINE FP S 15° 02' 25" E 24x36 1 FP 24x36 BRICK BUILDING 13 4 FP X 2,743 SQ. FT. 1 5 LANDS N/F 1 6 CITY OF DOVER RADIUS: 1462.69' 1 ARC LENGTH: 462.51' 22 T.P.: 2-05-07713-01-5700-00001 X 17 8 24x36 24x36 DEED REF.: 5011-0121 FP CHORD BEARING: N 7° 08' 39" W 26 EX. SD. CB 1 9 1 ZONING - IO CHORD LENGTH: 460.59' 48" GRATE: 27.49' FP X 20 1 INV.: 26.06' FP 2 2 24x36 "S AC 2 APPROXIMATE LOCATION X LANDS N/F 24x36 70.00' 23 EX. 12 23 60" 24 OF 100 YEAR FLOOD PLAIN CITY OF DOVER ONE STORY 27 FRAME 25 X T.P.: 2-05-07713-01-5000-00001 26 N 74° 57' 34" E FP DEED REF.: T-0036-0203 BUILDING 27 24x36 28 1,112 SQ. FT. 170.01' FP ZONING - IO 24x36 71.52' S 15° 02' 25" E 98.49' V X 28 FP 24 5 V X 24x36 3 24x36 V FP 24" 28 FP V X PROPERTY LINE TO BE 29 EXTINGUISHED PER THE V 24x36 FP V FP 24x36 25 29 CONSOLIDATION PLAN X 60" 25 30" TV 26 UE FP X 20' FRONT YARD FIP 80.00' 24x36 27 9 24x36 SETBACK LINE 30" OE OT OT 30 TV PROJECT TITLE OE X X X OE OE 10 X 36" 24" UT 11 28 OT 265 RADIUS: 1462.69' 3 0" 29 31 14 EX. SD. CB GRATE: 29.22' ONE STORY POLE 2 4 2 12 13 14 S8 X 7° 2 BAYHEALTH EX. 15" R.C.P. 24x36 ARC LENGTH: 177.96' 31 15" INV.: 25.56' 245 15 9' 2 X 24x36 26 UT BUILDING TV 2" E CHORD BEARING: N 1° 34' 16" W 1,440 SQ. FT. 26 2 16 N 73° 01' 53" E 17 X X 78.4 MEDICAL TE CHORD LENGTH: 177.86' EXISTING ASPHALT 18 28.34' 8' X EX. SAN. MH. CENTER, INC PARKING AREA 30" EX. 15" 15 19 24x36 OT R.C .P. 20 RIM EL.: 13.81' S 24x36 30 EX. SD. CB EX. 15" RCP 21 74 X °5 STR INV: 25.22' UE 22 W.V . GRATE: 30.91' EX. 15" R.C.P. 23 0' X 15" INV.: 25.86' TV 58 . W.M 31 11 . 6" S " X E SCULL PROPERTY 24x36 UT UE EX 24x36 EX. SD. M.H. EX. SD. M.H. 24 SITE DEVELOPMENT EET G.M. X RIM: 29.62' RIM: 28.64' TWO STORY 26 KCR OT W 11 15" INV.: 25.52' 15" INV.: 25.48' T 20 X OT U FRAME BUILDING 1,044 SQ. FT. 25 EX. 6"S X FP MASTER PLAN 5 24x36 24 3 24x36 25 FP 2 EX. CLEANOUT X BAYHEALTH STAFF 25, IDE R 32 EX. 6"S 23 4 LID: 26.81' 30 29 2 INV.: 22.23' EX. 12" STEEL X 32 31 28 EX. SIGN UE X PARKING LOT STA 19 TV 25 UT FP FP MIN IG TV UT G UT EX. C.B.: 27 12" STEEL - MD - 7.13' 26 26.64' EXPANSION 27 24x36 24x36 UT TV UT EX. C.B.: GRATE: X UT OR HT O UT G UE G GRATE: 26.88' 4" PVC - MD - 2.01' EX. 30" F.M. UE UE 10 UE UE 26 UE UT ELECTRIC UEPANEL FP OT UE UE UE X 18 UE UT TV 26 8" PVC - MD - 5.84' 8" PVC - MD - 5.55' EX. C.B.: 3.8 605 S. STATE STREET G MD: -4.58' GRATE: 27.01' X 8' FP ART F W 24x36 17 4" PVC - MD - 1.66' 4" PVC - MD - 1.70' TV G 4" PVC - MD - 2.34' 8" PVC - MD - 3.84' SHED X FP CITY OF DOVER 24x36 8" PVC - MD - 3.53' UE UTTV KENT COUNTY, DELAWARE G.M. SOU 30" 28 33 FP ERI A UT FP AL Y X 2"S TWO STORY SHEET TITLE UT S 34 STUCCO BUILDING TH 24x36 EX. 34 2,100 SQ. FT. G.M. 24x36 1 60 UT G X ° 35 EXISTING FO EX. 10" WATER EX. 6" C.B.: 26 FP 24x36 .P. UT TV UT 11 EXISTING ONE-STORY EX. 18"S GRATE: 25.86' X ' 27" CONDITIONS PLAN 24x36 R.C .88' UT UT 33 32 COVERED ENTRANCE BRICK BUILDING E X 24" 31 UT OUTPATIENT SURGERY CENTER 24x36 EX. 184 UT 30 G 16 10,800 S.F. ± - FOOTPRINT 26 FP X TOTAL PARKING 24x36 UT UT EX. 1' C.B.: 15' REAR YARD 27" 3 UT 29 28 27 TV 26 GRATE: 25.62' SETBACK LINE X SPACES: 227 EXISTING ASPHALT UT PARKING AREA 24x36 UT UT UT UT GEN X 24x36 28 UT W.M. W.V. FP G W.M. 27 X 10 17 32 32 32 UE 24x36 24x36 G 27 AC G 33 60" 33 7 X 29 32 TV AC FP 0 20 40 80 W.V. UT UT TV 28 EX. 8" W W.V. X 31 UT ONE STORY 24x36 LIGHT POLE 27 3 24x36 30 30 D. FRAME 176 E G 29 (typ.) Do Not Explode - Select Scale 31 G 16 BUILDING X 34" G G G G.V. 28 F.H. W.V. 5,044 SQ. FT. FP .50' SCALE: 1" = 40' 24x36 34' 32 6 TV AC X 24x36 27 F.M. EX. 10" W 33 27 EXISTING ISSUE BLOCK N 1° EXISTING ASPHALT CONCRETE CURB 30" EX. 24" R.C.P. SCULL TERRACE 34 33 UT 32 UT UT PARKING AREA EX. 26 UE FP X N 78° 28' 32 X X "E E 24x36 UTILITY POLE (typ.) 10' SIDE YARD FLOODPLAIN LINE 24x36 25.33' EXISTING UT UT WHEELCHAIR RAMP 37.87' TV UE OE UE OE OE G G G 43 SETBACK LINE UE UE TV OETV TV G 26 G . TV TV UE G G S 11° 54' 41" W.M . TV UE OE UE F.H TV UE OE OE 24x36 OE TV TV UE 24x36 W.V . FCM 18" UE UE UE UE FCM 121.55' FP 24" . W.V W.V . 1115.96' 12 12 12 12 12 12 12 S 72° 59' 55" W 10"S X 29 .P. EX. SAN. MH. 15 0 15 EX. R.C 30 30 24x36 45 45 24x36 60 60 75 90 75 90 RIM EL.: 26.85 X 24" 75 60 75 60 EX. 45 30 15 0 15 30 45 18" INV.: 2.02' FP 12 20' WIDE KENT COUNTY W X . LANDS N/F 0" . . UTILITY EASEMENT .1 8"S . 24x36 CHURCH OF THE HOLY CROSS, DOVER, DELAWARE EX 24x36 30 EX. X MARK DATE DESCRIPTION 30 T.P.: 2-05-07713-01-5600-00001 12 1 LAYER STATE: C-101 DEED REF.: Q-0020-0165 X ZONING - IO X X X FP PROJECT NO.: 2019184-07 24x36 30 X 24x36 EX. 12" 30 29 X DATE: 2020-09-04 R.C .P 28 12 X . 27 X SCALE: AS SHOWN OE 20' 24x36 FP DRAWN BY: M.A.R. PROJ. MGR.: M.A.R. 24x36 X 12 X SHEET X 20' WIDE CITY OF DOVE 24x36 24" 12 UTILITY EASEMENT R X FP C-101 COPYRIGHT 2020 24x36 132 C-101 - Existing Conditions - Skull Property 24x36 F:\AutoCAD\Projects\2019\2019184-07\DWG\201918407-Site-C3d18.dwg, Sep 04, 2020 - 12:44pm 24x36

Item 9. PETITION TO AMEND TEXT of Dover Code of Ordinances and Appendix B: Zoning Ordinance Report to the Dover Planning Commission October 19, 2020 Proposed Changes: Text Amendments to the following: • Dover Code of Ordinances, Appendix B: Zoning (Zoning Ordinance) o Article 3 – District Regulations, Section 20B – Industrial Park Manufacturing Zone – Industrial aviation and aeronautics center (IPM3) o Article 5 – Supplementary Regulations, Section 23 – Wireless Communications Facilities o Article 12 – Definitions • Dover Code of Ordinances, Chapter 98 – Street, Sidewalks, Storm Sewers and Other Public Places • Dover Code of Ordinances, Appendix F – Fees and Fines Summary of Amendments: This proposed Ordinance adds provisions for Wireless Communications Facilities (WCF) by adding a new Section 23 – Wireless Communication Facilities to the Zoning Ordinance and completing other amendments to the Dover Code of Ordinances. This proposed Ordinance provides definitions; establishes certain general and specific standards relating to the location, placement, construction and maintenance of Small WCF, Non-Tower Based WCF, and Tower-Based WCF; provides for the regulations of WCF within the public rights-of-ways and outside public rights-of-way on properties; and provides for the enforcement of said regulations. Also associated with this Ordinance is the development of the City of Dover “Small Wireless Communications Facility (SWCF) Design Manual” as referenced for design standards for Small Wireless Communications Facilities. Ordinance Number: Proposed Ordinance #2020-13 Related Document: Preliminary Draft #2 City of Dover Small Wireless Communications Facility (SWCF) Design Manual File Number: MI-20-06 133

MI-20-06 Text Amendments: Wireless Communications Facilities DAC Report Summary Item 9. Page 2 of 5 Identification of Need for Regulations The current Zoning Ordinance is limited in its discussion of telecommunication and antennae facilities. Over the last twenty years as this technology has expanded, the Planning Office has utilized “Code Interpretation Memo #4: Telecommunications Antennae – Permits and Review Procedures” dated January 26, 1999. This outlined the use of the existing Building Permit application processes, the Administrative Site Plan process, and the Conditional Use review process for placements in residential zones. The Board of Adjustment was often involved in the review of variances to exceed the maximum height limits established in Code. Additionally, Federal and State actions have established regulatory measures that must be adhered to for these types of facilities. Since mid-2018, the City has been researching and developing a strategy to establish a regulatory framework for Wireless Communications Facilities (WCF). The purpose is to establish uniform standards for the siting, design, permitting, installation, maintenance, and use of Wireless Communication Facilities in the City of Dover. The Proposed Ordinance and associated documents will establish regulations, application & review processes, and fees. Wireless Communications Facilities include Small Wireless Communications Facilities (Small WCF) such as those attached to utility poles; Non-Tower Based Wireless Communications Facilities like those antennae attached to buildings or water towers; and Tower Based Wireless Communications Facilities such as monopoles and lattice or guyed towers. Locations of the facilities include those within public rights-of-way and on properties. The so-called fourth and fifth generation technologies (4G and 5G) require more numerous transmitters and antennae to transmit the volume or calls and text, but especially data. The preferred option by private sector companies is to attach these Small WCF to existing streetlights and other infrastructure within rights-of-way. A large amount of that existing infrastructure in the rights-of-way belongs to the City of Dover. Attachment to City of Dover equipment will require the City to enter into agreements (Master License Agreements) with various companies to spell out the terms and conditions prior to having any equipment attached to a City pole. Currently, the City is in negotiation with AT&T (New Cingular Wireless, PCS LLC) and Verizon for Master License Agreements (MLAs). In development provisions for the placement of new poles for Small Wireless Communication Facilities (Small WCF), we must take into account that Federal Law prohibits “effective prohibition” of deploying the necessary Small WCF. Effective prohibition can be described as: A regulation that materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment. Effective prohibition occurs when a state or local legal requirement materially inhibits a provider’s ability to engage in any of a variety of activities related to its provision of service. It means that the service provider can assert the right to some facility somewhere nearby, not only when filling a coverage gap but also when densifying a wireless network, introducing new services or otherwise improving service capabilities. This does NOT prohibit us from making reasonable requirements to locate across a street, cover make-ready costs, or meet higher aesthetic standards in historic and other pre-designated sensitive areas. It is important to understand as we move forward that the technology provides the ability to improve wireless data transmission which can be advantageous to the City, residents and local 134

MI-20-06 Text Amendments: Wireless Communications Facilities DAC Report Summary Item 9. Page 3 of 5 businesses. However, current technology also defines the wireless system implementation needs. For example, the placement of Small WCF may be need every 400 to 700 feet for complete network availability. The City needs to move forward with regulations that meet Federal guidelines but incorporate community standards to the extent possible. Development of the Text Amendments The development of provisions related to Wireless Communications Facilities (WCF) for the City of Dover has been a team effort of many City Departments including City Manager’s Office, Electric Department, Department of Public Works, and the Planning Office (Department of Planning & Inspections). Initially, the City Manager’s Office retained the services of the Cohen Law Group and Mike Roberts, an attorney with the firm drafted a model documents including an initial draft WCF ordinance, a draft Design Manual and a draft Master License Agreement. Since then the Planning Office (Principal Planner Dawn Melson-Williams and City Planner Mr. Hugg) have worked to modify the Proposed Ordinance and a Design Manual documents in cooperation with the Electric Department to shape it to the City needs and processes. The City Manager’s Office and Electric Department have worked with the Master License Agreements. The approach taken related with Small WCFs in some jurisdictions also involves a Design Manual; the City of Dover is also working to develop such a manual. The City has been contacted by future applicants with some concepts for potential location requests for Wireless Communications Facilities with attachments to existing infrastructure and/or the placement of new poles. This is helping us to understand and formulate the considerations for review and the needed application and interdepartmental coordination of procedures. The team has presented updates to the Council Committee of the Whole – Utility Committee on February 11, 2020, July 14, 2020 and September 15, 2020 on the development of provisions and ordinances for Wireless Communications Facilities. In July 2020, the Preliminary Draft of an Ordinance to regulate all Wireless Communications Facilities and an accompanying Small WCF Design Manual that is specifically targeted to Small Wireless Communications Facilities (Small WCF) was presented. Since July the following additional work has occurred: checking Zoning Ordinance for needed amendments and any use of term conflicts and checking Dover Code of Ordinances as related to use of Right-of-way (Chapter 98: Streets) and license agreement provisions of Chapter 110. Also now proposed are the associated fees for Permits and Plan Applications. The refinement of the Draft Ordinance and Design Manual documents were based on input from City Departments, comments from some industry representatives, review by specialized legal services, and Staff research. Following the September 2020 presentation to the CCOW – Utility Committee, direction was given to begin the formal review process for adoption of a Wireless Communication Facilities (WCF) regulations for the City of Dover. Current Proposed Text Amendments Key components of the proposed Text Amendments to the Zoning Ordinance include the following: • Article 5 Section 23 - A new Section 23 titled “Wireless Communications Facilities” is added providing purpose and intent, definitions, applicability, type of activity determination, application procedures, regulations for Small Wireless Communications Facilities, Non-Tower Wireless Communications Facilities, and Tower-Based Wireless Communications Facilities, general requirements, and maintenance and care. 135

MI-20-06 Text Amendments: Wireless Communications Facilities DAC Report Summary Item 9. Page 4 of 5 • Article 12 Definitions - Changes to the definitions are provided to add definitions of the terms “antenna” and “wireless communications facility.” • Article 3 Section 20B.1 and 20.B2 – In the IPM3 zoning district, it deletes the permitted uses listed in Section 20B.17 and creates new subsection in 20B.22 for them as conditional uses. This is for the uses of broadcasting tower, tower-based WCFs, antennas and satellites dishes which support aviation, aeronautics, or related operations. Also clarifies text listing other conditional uses by creating new subsubsection 20B.21. • Article 5 Section 21 – This section is amended to clarify that wireless communications facilities are not considered to be public utility infrastructure under this subsection and provides reference to appropriate provisions. Key components of the proposed Text Amendments to other portions of the Dover Code of Ordinances include the following: • Chapter 98 – Street, sidewalks, Storm Sewers and Other Public Places, Sec. 98-11– This section is added to establish provisions for the placement of wireless communications facilities within rights-of-way including of “Uses of Rights-of-way Permit” with permit fee and annual fee. • Appendix F – Fees and Fines - This section is amended to establish the various permit fees, application fees, and annual use and attachment fees associated with Wireless Communication Facilities. Small WCF Design Manual Associated with Small Wireless Communication Facilities, a Design Manual is being prepared. The current mark-up form of the Design Manual as of 9/9/2020 is provided for reference: Preliminary Draft #2 (Mark-up) of City of Dover Small Wireless Communications Facility (SWCF) Design Manual. The key topics areas of the Design Manual are as follows: • Definitions • General Standards • Antenna and Accessory Equipment Standards • Pole Standards • Review and Approval • Approval Timing The refinement of the Small WCF Design Manual and its coordination with the Proposed Ordinance is ongoing as is the needed development of the Permit application forms and interdepartmental coordination of procedures. History of Committee and City Council Activity The City Council Committee of the Whole: Utility Committee was presented an Update on Provisions and Development of Ordinance: Wireless Communication Facilities on February 11, 2020 and then an Update and Presentation of Preliminary Draft Wireless Communications Facilities (WCF) Ordinance Version 1A – Planning 7-8-2020 on July 14, 2020. The City Council Committee of the Whole: Utility Committee heard an Updated and Presentation of Draft 136

MI-20-06 Text Amendments: Wireless Communications Facilities DAC Report Summary Item 9. Page 5 of 5 Wireless Communications Facilities (WCF) Ordinance Version 2 – Planning 9-9-2020 on September 15, 2020; the CCOW/Utility Committee acted to direct Staff to complete refinements and referred the Ordinance to City Council for First Reading and setting of Public Hearing dates. The Ordinance received a First Reading at the September 28, 2020 City Council meeting. Because text amendments are proposed to the Zoning Ordinance, a Public Hearing and Recommendation by the Planning Commission are required. The Planning Commission hearing is scheduled for October 19, 2020. City Council will conduct a Public Hearing and take Final Action on proposed Ordinance #2019-13 at their meeting of November 9, 2020. At that meeting City Council may act to adopt the whole Ordinance, to adopt part of the Ordinance, and/or to make other amendments to the proposed text. Planning Review and Recommendations: Planning Staff developed the proposed Ordinance #2020-13: Text Amendments for the Wireless Communications Facilities; and therefore, recommend their adoption subject to any identified corrections. 1. Staff continues to review the Proposed Ordinance #2020-13 and Draft Small WCF Design Manual document. There may be additional clarifications, proofreading corrections, and text revisions needed. These will be presented prior to final adoption. 2. The Planning Office provided an opportunity to Development Advisory Committee (DAC) members to comment on the proposed Text Amendments at their meeting on September 30, 2020. No negative comments were received only several advisory comments for clarifications. These comments will be evaluated, and appropriate document text revised as necessary. 3. The Proposed Ordinance #2020-13 is also subject to Legal Review by the City Solicitor and Special Legal Counsel which may identify additional clarifications or corrections. 4. Planning Staff in coordination with other City Departments will be developing the Application Review Processing Procedures. This includes development of an Application Checklist, associated WCF Permit Forms, and tracking procedures. The procedures will outline the process of intake and review among Departments. Attachments: • Proposed Ordinance #2020-13 for Wireless Communications Facilities (First Reading Version) • Preliminary Draft #2 City of Dover Small Wireless Communications Facility (SWCF) Design Manual (9-9-2020) 137

Item 9. CITY OF DOVER ELECTRIC DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Text Amendment: Wireless Communications Facilities FILE #: MI-20-06 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Paul Waddell, Electric Director CONTACT PHONE #: 302-736-7072 CONTACT PHONE #: pwaddell@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC 1. Our office has no objections to the proposed text amendments RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None GENERAL 1. As DWW mentioned in their comments, requirements for marking should be clarified. 2. Section II, para 2; mentions installations above primary which we did not want to happen, reading secondary conductors would be acceptable. 3. Section III, para 1.b; please add only above secondary conductors. Installations above primary and transmission is not desired. 4. Section III, para 1.d; mentions 6-foot clearance above primary distribution wires. This should be secondary distribution wires. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 138

Item 9. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Text Amendment: Wireless Communications Facilities FILE #: MI-20-06 REVIEWING AGENCY: City of Dover Department of Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT PHONE #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed text amendments RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT WATER / WASTEWATER 1. None GENERAL 1. It is recommended that the text amendment includes the responsibility of underground utility markings. If a small cell wireless antenna is installed and has associated electrical / telecommunications wires buried underground, who will be responsible for marking the infrastructure. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 139

Item 9. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: SEPTEMBER 30, 2020 APPLICATION: Text Amendment: Wireless Communications Facilities FILE #: MI-20-06 REVIEWING AGENCY: City of Dover Public Works Department CONTACT PERSON: Sharon J. Duca, P.E. CONTACT PHONE #: 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS STORMWATER 1. None. STREETS 1. The Department of Public Works has no objection to the proposed text amendment. SANITATION 1. None. GENERAL 1. None. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES STORMWATER / STREETS / SANITATION / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT STORMWATER / STREETS / SANITATION / GENERAL 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 140

C F MI-20-06 Item 9. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 09/30/20 D S O H V A E L R APPLICATION: Text Amendment Wireless Communications Facilities FILE #: MI-20-06 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. This office has no comment currently APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 141

Item 9. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Wireless Communications Facilities FILE#: MI-20-06 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. DelDOT has no comment on the text amendment. 142

Item 9. FIRST READING CITY OF DOVER ORDINANCE #2020-13 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 5 – Supplementary Regulations of the Dover Code, be 5 amended by inserting a new Section 23 – Wireless Communications Facilities, as follows: 6 7 Section 23. Wireless Communications Facilities 8 9 23.1 Purpose and intent. The purpose of this section is to establish uniform standards for the siting, 10 design, permitting, construction, maintenance, and use of wireless communications facilities 11 (WCF) in the City of Dover (referred to herein as the “City”). While the City recognizes the 12 importance of wireless communications facilities in providing high quality communications 13 service to its residents, the City also recognizes that it has an obligation to protect public safety 14 and to minimize the adverse effects of such facilities through the standards set forth in the 15 following provisions and as referenced. 16 17 23.11 By enacting these provisions, the City intends to: 18 19 (a) Promote the deployment of wireless communications facilities in the City while 20 regulating their location and number to ensure the provision of necessary services; 21 22 (b) Provide for the managed development of wireless communications facilities in a 23 manner that enhances the benefits of wireless communication and accommodates the 24 needs of both City residents and wireless carriers in accordance with federal and state 25 laws and regulations; 26 27 (c) Address new wireless technologies, including but not limited to, distributed antenna 28 systems, data collection units, small cells, cable Wi-Fi and other wireless 29 communications facilities; 30 31 (d) Establish procedures for the design, siting, construction, installation, maintenance and 32 removal of small wireless communications facilities, non-tower based wireless 33 communications facilities, and tower-based wireless communications facilities, in the 34 City, including facilities both inside and outside the public rights-of-way; 35 36 (e) Preserve the character of the City’s neighborhoods and corridors; 37 38 (f) Minimize the adverse visual effects and the number of such facilities through proper 39 design, siting, screening, material, color and finish and by requiring that competing 40 providers of wireless communications services collocate their commercial 41 communications antennas and related facilities on existing wireless support structures 42 where feasible; 43 44 (g) Promote the health, safety and welfare of the City's residents. 45 143

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 2 46 23.2 Definitions. 47 48 Accessory Equipment. Any equipment serving or being used in conjunction with a wireless 49 communications facility or wireless support structure. The term “Accessory Equipment” 50 includes but is not limited to utility or transmission equipment, power supplies, generators, 51 batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar 52 structures. 53 54 Antenna. An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to 55 be operated or operating from a fixed location pursuant to Federal Communications 56 Commission authorization, for the provision of wireless service and any commingled 57 information services. 58 59 Changes in height. Changes in height is measured from the original wireless support structure 60 in cases where deployments are or will be separated horizontally, such as on buildings' 61 rooftops; in other circumstances, changes in height should be measured from the dimensions 62 of the tower or base station, inclusive of originally approved appurtenances and any 63 modifications that were approved prior to the passage of the Spectrum Act (47 CFR 64 §1.4001(b)(7)(i)(A)). 65 66 Collocation. The mounting of one or more WCFs, including antennae, on a pre-existing 67 structure, or modifying a structure for the purpose of mounting or installing a WCF on that 68 structure. 69 70 Eligible Facilities Request. Any request for modification of an existing WCF that does not 71 constitute a substantial change. Such request may involve: (i) collocation of new transmission 72 equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission 73 equipment. 74 75 Emergency. A condition that (1) constitutes a clear and immediate danger to the health, 76 welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of- 77 way to be unusable and result in loss of the services provided. 78 79 Equipment Compound. An area surrounding or adjacent to a wireless support structure within 80 which base stations, power supplies, or accessory equipment are located. 81 82 FCC. Federal Communications Commission. 83 84 Height of a Tower-Based WCF. The vertical distance measured from the ground level, 85 including any base pad, to the highest point on a tower-based WCF, including antennae 86 mounted on the tower and any other appurtenances. 87 88 Modification or Modify. The improvement, upgrade or expansion of existing wireless 89 communications facilities or base stations on an existing wireless support structure or the 90 improvement, upgrade, or expansion of the wireless communications facilities located within 91 an existing equipment compound, if the improvement, upgrade, expansion or replacement does 92 not substantially change the physical dimensions of the wireless support structure. 93 144

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 3 94 Non-Tower Wireless Communications Facility (Non-Tower WCF). A wireless 95 communications facility located or collocated on existing structures, such as, but not limited 96 to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic 97 signal poles, flag poles and other similar structures that do not require the installation of a new 98 tower. This term includes the replacement of an existing structure with a similar structure that 99 is required to support the weight of the proposed WCF. This definition excludes any 100 installation constituting a Small Wireless Communications Facility. 101 102 Person. Individuals, corporations, companies, associations, joint stock companies, firms, 103 partnerships, limited liability companies, corporations and other entities established pursuant 104 to statutes of the State of Delaware, provided that “Person” does not include or apply to the 105 City, or to any department or agency of the City. 106 107 Replacement. The replacement of existing wireless communications facilities on an existing 108 wireless support structure or within an existing equipment compound due to maintenance, 109 repair or technological advancement with equipment that does not result in increased wind or 110 structural loading, is substantially similar in size and weight as the wireless communications 111 facilities initially installed, and that does not substantially change the physical dimensions of 112 the existing wireless support structure. 113 114 Small Wireless Communications Facility (Small WCF). A wireless communications facility 115 that meets the following criteria: 116 (1) The structure on which antenna facilities are mounted 117 a) is 50 feet or less in height, or 118 b) is no more than 10 percent taller than other adjacent structures, or 119 c) is not extended to a height of more than 50 feet or by more than 10 percent above 120 its preexisting height as a result of the collocation of new antenna facilities; and 121 (2) Each antenna associated with the deployment (excluding the associated equipment) is 122 no more than three cubic feet in volume; and 123 (3) All antenna equipment associated with the facility (excluding antennas) are 124 cumulatively no more than 28 cubic feet in volume; and 125 (4) The facilities do not require antenna structure registration under 47 CFR Part 17; and 126 (5) The facilities are not located on Tribal lands, as defined under 36 CFR §800.16(x); 127 and 128 (6) The facilities do not result in human exposure to radiofrequency radiation in excess of 129 the applicable safety standards specified in 47 CFR §1.1307(b). 130 131 Stealth Technology. Camouflaging or screening methods applied to wireless communications 132 facilities and accessory equipment which render them more visually appealing or blend the 133 proposed facility into the existing structure or visual backdrop in a manner appropriate to the 134 site’s context and surrounding environment. Such methods include, but are not limited to, 135 architecturally screened roof-mounted antennae, building-mounted antennae painted to match 136 the existing structure and facilities constructed to resemble trees, shrubs, and light poles. 137 138 Substantial Change. A modification to an existing WCF substantially changes the physical 139 dimensions of a wireless support structure if it meets any of the criteria set forth in 47 CFR 140 §1.6100, as amended. 141 145

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 4 142 143 Tower-Based Wireless Communications Facility (Tower-Based WCF). Any structure that is 144 used for the primary purpose of supporting one or more antennae, including, but not limited 145 to, self-supporting lattice towers, guy towers and monopoles. This definition excludes any 146 installation meeting the definition of a Small Wireless Communications Facility. 147 148 Wireless. Transmissions through the airwaves including, but not limited to, infrared line of 149 sight, cellular, PCS, microwave, satellite, or radio signals. 150 151 Wireless Communications Facility (WCF). An antenna facility or a wireless support structure 152 that is used for the provision of wireless service, whether such service is provided on a stand- 153 alone basis or commingled with other wireless communications services. 154 155 Wireless Communications Facility Applicant (WCF Applicant). Any person that applies for a 156 wireless communications facility building permit, zoning/conditional use approval, and/or 157 permission to use the public right-of-way or other City owned land or property. 158 159 Wireless Support Structure. A freestanding structure, pole, tower, or other building, whether 160 or not it has an existing antenna facility, that is used or to be used to support the placement or 161 installation of a wireless communication facility for the provision of wireless service 162 (whether on its own or comingled with other types of services). 163 164 23.3 Applicability. The terms and provisions of this section shall apply to wireless communication 165 facilities in the City. As defined, each type of WCF has specific allowable locations, development 166 regulations, and design standards as follows: 167 168 (a) Small WCF described in Article 5, Section 23.6. 169 (b) Non-Tower WCF described in Article 5, Section 23.7. 170 (c) Tower WCF described in Article 5, Section 23.8. 171 172 23.31Exceptions. The activities by City residents to utilize satellite dishes, citizen and/or band 173 radios, and Antennae for the purpose of maintaining television, phone, and/or internet 174 connections at their residences for non-commercial activity shall be exempt from the 175 regulations enumerated in this Section 23. 176 177 23.32 Nonconforming Uses. The following provisions shall apply to all buildings, support 178 structures, and uses as related to wireless communication facilities: 179 180 (a) All types of WCFs shall be permitted to collocate upon existing non-conforming 181 WCFs, wireless support structures, and other non-conforming structures subject to 182 the provisions of this Section 23. 183 (b) Collocation of Antennae is permitted on non-conforming structures. 184 (c) Collocation of Non-Tower WCFs upon existing Tower-Based WCFs is encouraged 185 even if the Tower-Based WCF is non-conforming as to use within a zoning district. 186 (d) WCF which are hereafter damaged or destroyed due to any reason or cause may be 187 repaired and restored at their former location but must otherwise comply with the 188 terms and conditions of this Section 23. 189 146

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 5 190 23.4 Type of Activity Determination. The following provisions outline the types of wireless 191 communication facility applications. 192 193 23.41 Eligible Facilities Request. The WCF Application Type is classified as an Eligible 194 Facilities Request if the request for modification of an existing WCF that does not 195 constitute a Substantial Change under 47 CFR §1.6100, as amended. The request may 196 involve: (i) collocation of new transmission equipment; (ii) removal of transmission 197 equipment; or (iii) replacement of transmission equipment. 198 199 23.42 Substantial Change Activity. The WCF Application Type is classified as a Substantial 200 Change Activity if the modification substantially changes the physical dimensions of a 201 wireless support structure by meeting any of the criteria set forth in 47 CFR §1.6100, as 202 amended, relating to height of the support structure or addition of new appurtenances or 203 equipment cabinets. 204 205 23.43 New Facility. The WCF Application Type is classified as a New Facility if it involves 206 the construction and placement of a new wireless support structure and does not meet 207 the definition of Small WCF. 208 209 23.44 Small WCF. The WCF Application Type is classified as a Small WCF if the proposed 210 antennas, accessory equipment and support structure (whether an existing, replacement 211 or new structure) comply with the volume and height parameters set forth in the 212 definition of Small WCF. 213 214 23.5 Application Procedures. The following provisions outline the procedures for wireless 215 communication facility applications. Policies and procedures for the administration of the WCF 216 permitting and review process shall be developed by the City Manager and City Planner. 217 218 23.51 Location within Public Right-of-way. WCF Applicants proposing a WCF to be located 219 within the public right-of-way, shall be required to obtain application approvals as 220 follows: 221 222 (a) Pole Attachment Process. Compliance with the procedures found in Dover Code 223 Ordinances, Chapter 110 – Utilities, Section 110-32 Pole Attachment, for a WCF 224 proposed for attachment to Dover Electric Department facilities. 225 (b) Master license agreement required. Any WCF Applicant for a WCF proposed for 226 attachment to a utility pole owned or controlled by the City of Dover Electric 227 Department shall first enter into a valid Master License Agreement with the City 228 authorizing such attachment. No WCF shall be permitted to be attached to such 229 utility poles without proof a valid Master License Agreement being provided as 230 part of the permit application. 231 (c) Permit – Use of Rights-of-Way. Obtain a Right-of-Way Permit from the City in 232 accordance with permit policies and procedures pursuant to Dover Code of 233 Ordinances, Chapter 98 – Streets, Sidewalks, Storm Sewers and Other Public 234 Spaces, for a WCF proposed with City rights-of-way. 235 (d) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 236 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 237 Building Permit of the City of Dover Code. 147

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 6 238 (e) Documentation. WCF application shall also be accompanied by documentation 239 demonstrating that the proposed WCF complies with all applicable provisions of 240 this Section 23 for the type of WCF. 241 (f) Fee. Each application to be approved under this section shall be accompanied by 242 fees as provided for in Appendix F – Fees and Fines. 243 244 23.52 Compliance with Zoning Ordinance. The following section of the zoning ordinance shall 245 be adhered to, as applicable, in the approval of a WCF application: 246 247 (a) Architectural Review Certificate. WCF located within the Historic District (H) shall 248 be required to obtain an Architectural Review Certificate pursuant to Article 3, 249 Section 21 and Article 10, Section 3 of this ordinance. 250 (b) Airport environs. Locations within the Airport Environs Overlay Zone (AEOZ) 251 shall document compliance pursuant to Article 3, Section 22 of this ordinance. 252 (c) Environmentally sensitive areas. Location shall document compliance with the 253 environmental protection measures for flood hazard areas and waterbodies and 254 wetlands pursuant to Article 5, Section 11 of this ordinance. 255 256 23.53 Eligible Facilities Request. WCF Applicants proposing an Eligible Facilities Request 257 shall be required to obtain application approvals as follows: 258 259 (a) Type. WCF Applicant shall designate in writing that the application constitutes an 260 Eligible Facilities Request pursuant to 47 CFR §1.6100 and as defined by this 261 Section 23. 262 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 263 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 264 Building Permit of the City of Dover Code. 265 (c) Documentation. WCF application shall also be accompanied by documentation 266 demonstrating that the proposed WCF complies with all applicable provisions of 267 this Section 23 for the type of WCF. 268 (d) Fee. Each application to be approved under this section shall be accompanied by 269 fees as provided for in Appendix F – Fees and Fines. 270 271 23.54 Substantial Change Activity. WCF Applicants proposing a Substantial Change Activity 272 shall be required to obtain application approvals as follows: 273 274 (a) Type. WCF Applicant shall designate in writing that the application constitutes a 275 Substantial Change Activity as defined by this Section 23. 276 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 277 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 278 Building Permit of the City of Dover Code. 279 (c) Documentation. WCF application shall also be accompanied by documentation 280 demonstrating that the proposed WCF complies with all applicable provisions of 281 this Section 23 based on the type of facility. 282 (d) Fee. Each application to be approved under this section shall be accompanied by 283 fees as provided for in Appendix F – Fees and Fines. 284 148

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 7 285 23.55 New Facilities. WCF Applicants proposing a New Facility located in a public right-of- 286 way shall be subject to the provisions of Section 23.51. WCF Applicants proposing a 287 New Facility meeting the definition of Tower-Based WCF outside of a public right-of- 288 way of shall be required to obtain application approvals as follows: 289 290 (a) Conditional use authorization required. Any WCF Applicant proposing the 291 construction of a new facility shall first obtain conditional use authorization 292 pursuant to Appendix B, Article 10 Section 1 of the Dover Code. 293 (b) Documentation. The conditional use application shall demonstrate that the 294 proposed WCF complies with all applicable provisions of Section 23 based on the 295 type of facility. 296 (c) Conditional use application requirements. The additional requirements for 297 conditional use applications shall include the following: 298 i. A description of the type and manufacturer of the proposed 299 transmission/radio equipment, the power in watts at which the WCF 300 Applicant transmits, and any relevant related tests conducted by the WCF 301 Applicant in determining the need for the proposed site and installation. 302 ii. Documentation demonstrating that the proposed Tower-Based WCF 303 complies with all applicable state and federal laws and regulations 304 concerning aviation safety. 305 iii. Evidence that the owner of the property on which the Tower-Based WCF 306 is proposed has granted authorization to construct and operate the Tower- 307 Based WCF. 308 iv. Written certification from a structural engineer licensed in the State of 309 Delaware that the proposed WCF’s ability to meet the structural standards 310 offered by either the Electronic Industries Association or the 311 Telecommunication Industry Association and certify the proper 312 construction of the foundation and the erection of the structure. 313 v. An application for a new Tower-Based WCF shall demonstrate that the 314 proposed Tower-Based WCF cannot be accommodated on an existing or 315 approved structure or building. The Planning Commission may deny an 316 application to construct a new Tower-Based WCF if the WCF Applicant 317 has not made a good faith effort to mount the Antenna(s) on an existing 318 structure. The WCF Applicant shall address the viability of any existing 319 Wireless Support Structures within a one quarter (1/4) mile radius of the 320 site proposed and demonstrate that such alternative candidates are inferior 321 with respect to technical feasibility, cost, or terms of use. 322 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 323 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 324 Building Permit of the City of Dover Code. 325 (c) Documentation. WCF application shall also be accompanied by documentation 326 demonstrating that the proposed WCF complies with all applicable provisions of 327 this Section 23 based on the type of WCF. 328 (d) Fee. Each application to be approved under this section shall be accompanied by 329 fees as provided for in Appendix F – Fees and Fines. 330 331 23.56 New Small WCF. WCF Applicants proposing a new Small WCF that does not qualify as 332 an Eligible Facilities Request shall be required to obtain application approval as follows: 149

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 8 333 334 (a) Type. WCF Applicant shall designate in writing that the application constitutes a 335 Small WCF as defined by this Section 23. 336 (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable 337 permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – 338 Building Permit of the City of Dover Code. 339 (c) Documentation. WCF application shall also be accompanied by documentation 340 demonstrating that the proposed WCF complies with all applicable provisions of 341 this Section 23 based on the type of facility. 342 (d) Fee. Each application to be approved under this section shall be accompanied by 343 fees as provided for in Appendix F – Fees and Fines. 344 (e) New Wireless Support Structures. An application involving installation of a new 345 Wireless Support Structure shall demonstrate that the proposed Small WCF cannot 346 be reasonably accommodated on an existing or approved structure or building 347 within the right-of-way. The WCF Applicant shall address the viability of any 348 existing Wireless Support Structures within 100 feet of the site proposed and 349 demonstrate that such alternative candidates are inferior with respect to technical 350 feasibility, cost, or terms of use. 351 352 23.57 Timing of Approvals. Each specific type of WCF is subject to specific approval 353 timeframes. Such timeframes shall be subject to the tolling procedures established by the 354 FCC. 355 356 (a) Small WCF: Timing of Approval for all Small WCF facilities that do not meet the 357 definition of Eligible Facilities Request. Once a WCF application is submitted 358 these are the approval time lines: 359 i. Notification of Incomplete Applications for Small WCF. Within ten (10) 360 days of receipt of an application for a Small WCF, the City shall notify the 361 WCF Applicant in writing of any additional information required to 362 complete application. 363 ii. Approval Timeframe – Collocation. Within sixty (60) days of receipt of an 364 application for a collocation of a Small WCF on a preexisting Wireless 365 Support Structure, the City shall make a final decision on whether to 366 approve the application and the City shall notify the WCF Applicant in 367 writing of such decision. 368 iii. Approval Timeframe – New Facility. Within ninety (90) days of receipt of 369 an application for a Small WCF requiring the installation of a new Wireless 370 Support Structure, the City Planning Department shall make a final decision 371 on whether to approve the application and shall notify the WCF Applicant 372 in writing of such decision. 373 374 (b) Non-Tower WCF: Timing of Approval for all Non-Tower WCF facilities that do 375 not meet the definition of Eligible Facilities Request. Once a WCF application is 376 submitted these are the approval time lines: 377 i. Notification of Incomplete Applications for Non-Tower WCF. Within thirty 378 (30) days of receipt of an application for a WCF on a preexisting wireless 379 support structure, the City shall notify the WCF Applicant in writing of any 380 additional information required to complete application. 150

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 9 381 ii. Approval Timeframe – Substantial Change. Within ninety (90) days of 382 receipt of an application for a Non-Tower WCF on a preexisting Wireless 383 Support Structure that Substantially Changes the Wireless Support 384 Structure to which it is attached, the City shall make a final decision on 385 whether to approve the application and the City shall notify the WCF 386 Applicant in writing of such decision. 387 iii. Approval Timeframe – Not Substantial Change. Within sixty (60) days of 388 receipt of an application for a Non-Tower WCF on a preexisting Wireless 389 Support Structure that does not Substantially Change the Wireless Support 390 Structure to which it is attached, the City Planning Department shall issue 391 the required building permit authorizing construction of WCF. 392 393 (c) Tower-Based WCF: Timing of Approval for all Tower-Based WCF facilities that 394 do not meet the definition of Eligible Facilities Request. Once a WCF application 395 is submitted these are the approval time lines: 396 i. Notification of Incomplete Applications for Tower-Based WCF. Within 397 thirty (30) days of receipt of an application for a Tower-Based WCF, the 398 City shall notify the WCF Applicant in writing of any additional 399 information required to complete application. 400 ii. Approval Timeframe - All applications for Tower-Based WCFs shall be 401 acted upon within one hundred fifty (150) days of the receipt of a fully 402 completed application for the approval of such Tower-Based WCF and 403 the City shall advise the WCF Applicant in writing of its decision. If 404 additional information was requested by the City Planning Department to 405 complete an application, the time required by the WCF Applicant to 406 provide the information shall not be counted toward the one hundred fifty 407 (150) day review period 408 409 23.58 Fees. Each application for permit or plan approval shall be accompanied by a fee as provided 410 for in Appendix F – Fees and Fines. 411 412 (a) Permit fees. The City may assess appropriate and reasonable permit fees directly related 413 to the City’s actual costs in reviewing and processing the application for approval of a 414 WCF, as well as related inspection, monitoring and related costs. Such permit fees 415 shall be established by Appendix F – Fees and Fines and shall comply with the 416 applicable requirements of the FCC. 417 418 (b) Reimbursement for WCF in Right-of-way. In addition to permit fees as described in 419 this section, every Small WCF in the right-of-way is subject to the City’s right to 420 recover its actual costs incurred as a result of the Small WCF’s presence in the right- 421 of-way, including, but not limited to, the costs of the administration and performance 422 of all reviewing, inspecting, permitting, supervising and other right-of-way 423 management activities by the City. The owner of each Small WCF shall reimburse the 424 City for the City’s costs reasonably incurred in connection with the activities described 425 above. All fees shall comply with applicable state and federal law and not exceed 426 amounts presumed reasonable by the FCC. 427 151

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 10 428 23.6 Small Wireless Communication Facilities (Small WCF). The following regulations shall 429 apply to all Small WCF and associated Wireless Support Structures as defined by this Section 23. 430 431 (a) Location. 432 i. Small WCF are permitted to be located in all City zoning districts subject to 433 the application requirements of this Section 23. 434 ii. Small WCF are subject to compliance with Zoning Ordinance provisions 435 outlined in Section 23.52. 436 iii. Small WCF are permitted to be located within the public right-of-way subject 437 to application requirements of this Section 23. 438 439 (b) Development Regulations. 440 i. Sizing. To be considered as Small WCF, the WCF must comply with the criteria 441 established in the definition of Small Wireless Communications Facility in 442 Section 23.2. 443 ii. Height. The total height of a Small WCF shall comply with the maximum height 444 permitted in the zoning district of the property to the extent technically feasible. 445 In accordance with industry standards, Small WCF Applicants must submit 446 documentation to the City justifying the total height of the WCF. 447 iii. Height. The total height of a Small WCF when located in the public right-of- 448 way shall be no more than ten percent taller than the tallest existing utility pole 449 or wireless support structure within a two hundred fifty (250) radius of the 450 proposed WCF or fifty (50) feet above ground level, whichever is greater. 451 iv. Placement. All Small WCF shall comply with the applicable requirements of 452 the Americans with Disabilities Act and all applicable requirements pertaining 453 to streets and sidewalks, as codified in Chapter 98 of the Dover Code. 454 v. Placement. Small WCF in the public right-of-way requiring the installation of 455 a new Wireless Support Structure shall not be located directly in front of any 456 building entrance or exit such that it would interfere with ingress or egress. 457 vi. Accessory equipment. Small WCF and Accessory Equipment shall be located 458 so as not to cause any physical or visual obstruction to pedestrian or vehicular 459 traffic, create safety hazards to pedestrians and/or motorists, or to otherwise 460 inconvenience public use of the ROW as determined by the City. 461 462 (c) Design standards. All Small WCF shall be designed to meet applicable requirements 463 of the City “Small Wireless Communications Facility Design Manual,” a copy of which 464 is kept on file at the City Planning Department. 465 466 23.7 Non-Tower Wireless Communication Facilities (Non-Tower WCF). The following 467 regulations shall apply to all Non-Tower WCFs as defined by this Section 23 and that do not meet 468 the definition of a Small WCF. 469 470 (a) Location. 471 i. Non-Tower WCF are permitted to locate in all City zoning districts subject to 472 the application requirements of this Section 23. 473 ii. Non-Tower WCF are subject to compliance with Zoning Ordinance provisions 474 outlined in Section 23.52. 152

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 11 475 iii. Non-Tower WCF are permitted to be located within the public right-of-way 476 subject to application requirements of this Section 23. 477 iv. Non-Tower WCF shall be collocated on existing wireless support structures, 478 such as poles, certain existing buildings or Tower-Based WCF. 479 v. Historic buildings. Non-Tower WCF may be located within one hundred (100) 480 feet of any property, or on a building or structure that is listed on the National 481 Register of Historic Places if an approved Architectural Review Certification is 482 obtained pursuant to Article 10, Section 3 of this ordinance. 483 484 (b) Prohibitions on certain structures. Non-Tower WCF shall not be located on one- 485 family detached dwellings, one-family attached dwellings, semi-detached dwellings, 486 duplexes, townhouses, manufactured homes, mobile homes, modular homes, or any 487 residential accessory structure. 488 489 (c) Development Regulations. 490 i. Sizing. To be considered as Non-Tower WCF, the WCF must comply with the 491 criteria established in the definition of Non-Tower Wireless Communications 492 Facility in Section 23.2. 493 ii. Height. The total height of a Non-Tower WCF shall not exceed the maximum 494 height permitted in the zoning district. In accordance with industry standards, 495 Non-Tower WCF Applicants must submit documentation to the City justifying 496 the total height of the WCF. 497 iii. Replacement of Existing Support Structure. The replacement of an existing 498 support structure with a similar structure that is required to support the weight 499 of the proposed WCF is allowed. 500 iv. Accessory Equipment Buildings. If Accessory Equipment is to be located in a 501 separate building, the building shall comply with the minimum requirements 502 for accessory structure in the applicable zoning district. 503 v. Fences. A security fence with a minimum height of six (6) feet and a maximum 504 height of eight (8) feet shall surround any separate equipment compound 505 located outside the right-of-way. 506 vi. Access. Vehicular access to the accessory equipment building or equipment 507 compound shall not interfere with the parking or vehicular circulations on the 508 site for the principal use. 509 510 (d) Design Standards. Where appropriate, Non-Tower WCF shall employ Stealth 511 Technology and be treated to match the Wireless Support Structure in order to 512 minimize aesthetic impact. The Stealth Technology utilized by the WCF Applicant 513 shall be subject to the application approval process. 514 515 23.8 Tower-Based Wireless Communication Facilities (Tower-Based WCF). The following 516 regulations shall apply to all Tower-Based WCFs as defined by this Section 23 and that do not 517 meet the definition of a Small WCF. 518 519 (a) Conditional uses. Tower-Based WCF are permitted outside the public Rights-of-Way 520 in certain zoning districts upon conditional use approval of the Planning Commission 521 in accordance with the procedures and subject to the general conditions set forth in 522 Article 10 Section 1 of this ordinance. 153

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 12 523 i. In approving the conditional use, the Planning Commission may take into 524 consideration the following: 525 a. the aesthetic impact of the proposed facility, including but not 526 limited to whether its decision upon the subject application will 527 promote the harmonious and orderly development of the zoning 528 district involved; 529 b. encourage compatibility with the character and type of development 530 existing in the area; 531 c. prevent a negative impact on the aesthetic character of the 532 community; 533 d. preserve woodlands and trees existing at the site to the greatest 534 possible extent; and 535 e. encourage sound engineering and land development design and 536 construction principles, practices and techniques. 537 ii. Additional antennae. As a condition of approval for all Tower-Based WCF, 538 the WCF Applicant shall provide with a written commitment that it will 539 allow a minimum of two (2) other service providers the opportunity to 540 Collocate Antennae on Tower-Based WCF where technically feasible. 541 542 (b) Location. 543 i. Tower-Based WCF are conditionally permitted to locate in the nonresidential 544 zones. Nonresidential zones are defined in Article 12 – Definitions of this 545 ordinance. 546 ii. Exception. Tower-Based WCF in the IPM3 (Industrial Park Manufacturing 547 Zone – Industrial Aviation and Aeronautics Center) zoning district are only 548 allowed in support of aviation, aeronautics, or related operation per Article 3, 549 Section 20B of the ordinance. 550 iii. Tower-Based WCF are subject to the application requirements of this Section 551 23. 552 iv. Tower-Based WCF are subject to compliance with zoning ordinance provisions 553 outlined in Section 23.52. 554 v. Historic places. Tower-Based WCF may be located within one hundred (100) 555 feet of any building or structure that is listed on the National Register of Historic 556 Places if an approved Architectural Review Certification is obtained pursuant 557 to Article 10, Section 3 of this ordinance. 558 559 (c) Uses on Property. 560 i. Principal use. A Tower-Based WCF shall be permitted as a sole principal use 561 on a lot. 562 ii. Combined with another use. A Tower-Based WCF may be permitted on a 563 property with an existing use, or on a vacant parcel in combination with another 564 permitted use. 565 iii. Existing uses. The existing use on the property may be any permitted use in the 566 applicable zoning district and need not be affiliated with the WCF. 567 iv. Ability to use. Where applicable, the WCF owner shall present documentation 568 that the property owner has granted an easement or other property right for the 569 proposed facility. 570 154

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 13 571 (d) Development Regulations. 572 i. Minimum lot area. The minimum lot area shall comply with the requirements 573 for the applicable zoning district and shall be the area needed to accommodate 574 the Tower-Based WCF and guy wires, the equipment building, security fence, 575 and buffer planting. 576 ii. Height. Tower-Based WCFs shall be designed and kept at the minimum 577 functional height. The maximum total height of a Tower-Based WCF shall not 578 exceed the one hundred fifty (150) feet. No WCF Applicant shall have the right 579 under these regulations to erect a tower to the maximum height specified in this 580 section unless it proves the necessity for such height. 581 iii. Minimum setbacks. The minimum distance between the base of a Tower-Based 582 WCF and any property line or street Right-of-Way line shall equal 110% of the 583 proposed height of the Tower-Based WCF, unless the WCF Applicant shows 584 to the satisfaction of the Planning Commission that the proposed Tower-Based 585 WCF has been designed in such a manner that a lesser setback will have no 586 negative effects on public safety. 587 588 (e) Design Standards. 589 i. Multiple Antennae. Any proposed Tower-Based WCF shall be designed 590 structurally to accommodate both the WCF Applicant's Antennae and at least 591 two (2) comparable Antennae for future users. 592 ii. Security. Any Tower-Based WCF shall be equipped with an anti-climbing 593 device, as approved by the manufacturer. 594 iii. Lighting. No Tower-Based WCF shall be artificially lighted, except as required 595 by law. If lighting is required, the WCF Applicant shall provide a detailed plan 596 for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect 597 as is permissible under state and federal regulations. 598 iv. Surrounding environs. Existing vegetation, trees and shrubs located within 599 proximity to the Tower-Based WCF structure shall be preserved to the 600 maximum extent possible. 601 v. Fences. A security fence having a minimum height of six (6) feet and a 602 maximum height of eight (8) feet shall surround any Tower-Based WCF, as 603 well as guy wires, equipment compound or housing WCF equipment. 604 vi. Screening. A screen of evergreen trees planted eight (8) feet on center, each at 605 least four (4) feet in height, shall surround the Tower-Based WCF and security 606 fence. Existing vegetation shall be preserved to the maximum extent possible 607 and landscaping is not required where landscaping already exists 608 vii. Accessory equipment. Where feasible, Accessory Equipment associated, or 609 connected, with a Tower-Based WCF shall be placed underground. Any above- 610 ground Accessory Equipment associated or connected with a Tower-Based 611 WCF shall be screened from public view using Stealth Technology. All 612 ground-mounted Accessory Equipment, utility buildings and accessory 613 structures shall be architecturally designed to blend into the environment in 614 which they are situated. 615 viii. Accessory equipment buildings. If Accessory Equipment is to be located in a 616 separate building, the building shall comply with the minimum requirements 617 for accessory structures in the applicable zoning district. 155

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 14 618 ix. Accessory equipment. Accessory Equipment not exceeding five hundred (500) 619 square feet in area shall be permitted for each unrelated company sharing space 620 on the Tower-Based WCF. 621 x. Access road. Where necessary, an access road, turnaround space and parking 622 shall be provided to ensure adequate Emergency and service access to Tower- 623 Based WCF. Maximum use of existing roads, whether public or private, shall 624 be made to the extent practicable. Road grades shall closely follow natural 625 contours to assure minimal visual disturbance and minimize soil erosion. 626 xi. Visual Appearance. Tower-Based WCF shall employ Stealth Technology 627 which may include painting or finish of the tower portion. All Tower-Based 628 WCF and Accessory Equipment shall be aesthetically and architecturally 629 compatible with the surrounding environment and shall maximize the use of a 630 like facade to blend with the existing surroundings and neighboring buildings 631 to the greatest extent possible. 632 633 23.9 General Requirements for Wireless Communication Facilities. The following shall apply to 634 all types of wireless communication facilities. Each application for a WCF shall require proof of 635 compliance with the following. 636 637 23.91 Standards for Wireless Communication Facilities. 638 (a) Wind and ice. Each WCF shall be designed to withstand the effects of wind gusts 639 and ice to the standard designed by the American National Standards Institute as 640 prepared by the engineering departments of the Electronics Industry Association, 641 and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to 642 the industry standard applicable to the structure. 643 (b) Aviation safety. WCF shall comply with all federal and state laws and regulations 644 concerning aviation safety. 645 (c) Interference. WCF shall not interfere with public safety communications or the 646 reception of broadband, television, radio or other communication services by 647 occupants of nearby properties. 648 (d) Radio frequency emissions. WCF shall not, by itself or in conjunction with other 649 WCFs existing on the same structure at the time of installation, generate radio 650 frequency emissions in excess of the standards and regulations of the FCC, 651 including but not limited to, the FCC Office of Engineering Technology Bulletin 652 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to 653 Radio Frequency Electromagnetic Fields,” as amended. 654 (e) Signage. WCF owners shall post a sign in a readily visible location identifying the 655 name, phone number of a party to contact in the event of an Emergency, and permit 656 number. The only other signage permitted on the WCF shall be those required by 657 the FCC, or any other federal or state agency. 658 (f) Noise. WCF shall be operated and maintained so as not to produce noise in excess 659 of applicable noise standards under state law and the City Code, except in 660 Emergency situations requiring the use of a backup generator, where such noise 661 standards may be exceeded on a temporary basis only. 662 (g) Engineer seal and signature. All plans and drawings for a WCF shall contain a seal 663 and signature of a professional structural engineer, licensed in the State of 664 Delaware. 156

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 15 665 (h) FCC license. Each Person that owns or operates a Tower-Based WCF shall submit 666 a copy of its current FCC license, including the name, address, and Emergency 667 telephone number for the operator of the facility. 668 669 23.92 Maintenance and Care of Wireless Communications Facilities. 670 (a) Standard of care. Any WCF shall be designed, constructed, operated, maintained, 671 repaired, modified and removed in strict compliance with all current applicable 672 technical, safety and safety-related codes, including but not limited to the most 673 recent editions of the American National Standards Institute (ANSI) Code, National 674 Electrical Safety Code, National Electrical Code, National Association of Tower 675 Erectors, or to the industry standard applicable to the structure. 676 (b) Maintenance. Any WCF shall at all times be kept and maintained in good condition, 677 order and repair by qualified maintenance and construction personnel, so that the 678 same shall not endanger the life of any Person or damage any property in the City. 679 Such maintenance shall be performed to ensure the upkeep of the WCF in order to 680 promote the safety and security of the City’s residents and utilize industry standard 681 technology for preventing failures and accidents. The following maintenance 682 requirements shall apply: 683 i. The WCF shall be fully automated and unattended on a daily basis and shall 684 be visited only for maintenance or Emergency repair. 685 ii. Such maintenance shall be performed to ensure compliance with applicable 686 structural safety standards and radio frequency emissions regulations. 687 iii. All maintenance activities shall conform to industry maintenance standards. 688 (c) Lighting. The WCF Applicant shall promptly report any outage or malfunction of 689 FAA-mandated lighting to the appropriate governmental authorities and to the City. 690 (d) Graffiti. Any graffiti on the WCF or on any Accessory Equipment shall be removed 691 at the sole expense of the owner within thirty (30) days of notification by the City. 692 693 23.93 Inspection of Wireless Communication Facilities. The City reserves the right to inspect 694 any WCF to ensure compliance with the provisions of the Appendix B: Zoning and any other 695 provisions found within the City Code or state or federal law. The City and/or its agents shall 696 have the authority to enter the lease area of any property upon which a WCF is located at any 697 time, upon reasonable notice to the operator, to ensure such compliance. 698 699 23.94 Construction and Repairs in the Right-of-way. 700 (a) Work in Right-of-Way. The City of Dover Electric Department and the City of 701 Dover Public Works Department, in consultation with the City Planning 702 Department, shall determine the time, place and manner of construction, 703 maintenance, repair and/or removal of all Small WCF in the ROW based on public 704 safety, traffic management, physical burden on the ROW, and related 705 considerations. All construction, maintenance, repair and/or removal of Small 706 WCF shall comply with the applicable requirements of the City code. 707 (b) Pole Repairs. In the event of damage to a Small WCF attached to a utility pole 708 owned or controlled by the City of Dover Electric Department, the owner of the 709 Small WCF shall be solely responsible for all costs associated with the repair of the 710 Small WCF, unless such damage was caused by the City’s own negligence or 711 willful misconduct. 157

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 16 712 (c) Repairs of City property. In the event of damage to City property during installation 713 of any WCF, including utility poles, streets, sidewalks, streetlights, signs, or other 714 infrastructure, the company responsible for the damage shall make repairs accepted 715 by the City or shall reimburse the City for the cost of such repairs. 716 (d) Change or Alteration Required. Within ninety (90) days following written notice 717 from the City, or such longer period as the City determines is reasonably necessary or 718 such shorter period in the case of an emergency, an owner of a Small WCF in the 719 ROW shall, at its own expense, temporarily or permanently remove, relocate, 720 change or alter the position of any WCF when the City, consistent with its police 721 powers and applicable Public Utility Commission regulations, determines that such 722 removal, relocation, change or alteration is reasonably necessary under the 723 following circumstances: 724 i. The construction, repair, maintenance or installation of any City or other 725 public improvement in the right-of-way; 726 ii. The operations of the City or other governmental entity in the Right-of- 727 Way; 728 iii. Vacation of a street or road or the release of a utility easement; or 729 iv. An Emergency as determined by the City. 730 In such cases the City will make reasonable efforts to assist the WCF owner in 731 identifying and permitting an alternate location for the WCF. 732 23.95 Removal. In the event that use of a WCF is to be discontinued, the owner shall provide 733 written notice to the City of its intent to discontinue use and the date when the use shall be 734 discontinued and removed. Unused or abandoned WCF, or portions of WCF, shall be removed 735 as follows: 736 (a) Complete removal of the structure of a Tower-Based WCF shall require a 737 Demolition Permit in accordance with permit policies and procedures pursuant to 738 Appendix B, Article 8, Section 1 – Building Permit. 739 (b) Any unused portions of Tower-Based WCF, including Antennae, shall be removed 740 within ninety (90) days of the time of cessation of operations. All Replacements of 741 portions of a Tower-Based WCF previously removed are subject to the provisions 742 of this Section 23. 743 (c) All used or abandoned WCFs and Accessory Equipment shall be removed from the 744 wireless support structure within ninety (90) days of the cessation of operations at 745 the site unless a time extension is approved by the City. 746 (d) If the WCF or Accessory Equipment is not removed from the wireless support 747 structure within ninety (90) days of the cessation of operations at a site, or within 748 any longer period approved by the City, the WCF and/or associated facilities and 749 equipment may be removed by the City and the cost of removal assessed against 750 the owner of the WCF. 751 752 753 BE IT FURTHER ORDAINED: 754 755 That Appendix B – Zoning, Article 12 – Definitions of the Dover Code, be amended by inserting 756 the following in correct alphabetical order: 757 158

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 17 758 Antenna: An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, 759 to be operated or operating from a fixed location pursuant to Federal Communications 760 Commission authorization, for the provision of wireless service and any commingled 761 information services. 762 763 Wireless Communications Facility (WCF). An antenna facility or a wireless support 764 structure that is used for the provision of wireless service, whether such service is provided 765 on a stand-alone basis or commingled with other wireless communications services. 766 767 768 BE IT FURTHER ORDAINED: 769 770 That Appendix B – Zoning, Article 3 Section 20B – Industrial park manufacturing zone – 771 Industrial aviation and aeronautics center (IPM3) of the Dover Code, be amended by inserting 772 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 773 774 20B.1 Uses permitted. In an IPM3 zone, no building or premises shall be used and no 775 building or part of a building shall be erected, which is arranged, intended or designed to 776 be used, in whole or in part, for any purpose, except the following, and in accordance with 777 performance standards review procedure as set forth in article 5 sections 8.2 and 8.6, and 778 subject to site development plan approval as set forth in article 10, section 2: 779 20B.17 Radio or television broadcasting towers, telecommunications towers, 780 antenna arrays, and receiving satellite dishes that support aviation, aeronautics, or 781 related operations. 782 20B.2 Conditional uses. The following uses are permitted, conditional upon the approval 783 of the planning commission in accordance with the procedures and subject to the general 784 conditions set forth in article 10, section 1. service establishments such as auto rental and 785 travel agencies, commercial parking lots and garages, automobile service stations, car 786 washes, banks, gift shops, newsstands, bookstores, restaurants, bars, medical offices, postal 787 facilities, laundry services, and similar facilities available to airport or spaceport users and 788 employees. The application for conditional use shall clearly demonstrate the relationship 789 of the proposed use to an existing or proposed airport or spaceport. 790 20B.21 Service establishments such as auto rental and travel agencies, 791 commercial parking lots and garages, automobile service stations, car washes, 792 banks, gift shops, newsstands, bookstores, restaurants, bars, medical offices, 793 postal facilities, laundry services, and similar facilities available to airport or 794 spaceport users and employees. 795 20B.22 Radio or television broadcasting towers, tower based wireless 796 communications facilities, antenna arrays, and receiving satellite dishes that 797 support aviation, aeronautics, or related operations. 798 799 BE IT FURTHER ORDAINED: 800 159

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 18 801 That Appendix B – Zoning, Article 5 Section 21 – Public utility infrastructure of the Dover 802 Code, be amended be amended by inserting the text indicated in bold, blue font and deleting the 803 text indicated in red strikeout as follows: 804 Section 21. - Public utility infrastructure. 805 Public utility infrastructure shall be permitted in all zones and generally exempt from the 806 requirements of Article 4—Zoning Bulk and Parking Regulations, except as provided in 807 this section. 808 21.1 Setback. The minimum setback for public utility structures shall be equal to 809 the setback of the zone in which the structure is located. 810 21.2 Fences. Fences shall be limited to a maximum height of eight feet above 811 ground. 812 21.3 Site development plan required. Site development plan approval in 813 accordance with article 10, section 2 hereof shall be required prior to the 814 issuance of building permits for the erection or enlargement of all structures 815 and related accessory structures. 816 21.4 Exceptions. 817 21.41 Electric power generation facilities shall be subject to all zoning 818 requirements. 819 21.42 Private communications antennas and towers shall not be considered 820 public utility infrastructure under the provisions of this subsection, and 821 shall be subject to all zoning requirements. 822 21.42 Wireless communication facilities as defined in Article 5 Section 823 23 shall not be considered public utility infrastructure under the 824 provisions of this subsection and shall be subject to the provisions 825 of Article 5 Section 23. 826 827 BE IT FURTHER ORDAINED: 828 829 That Chapter 98 – Street, Sidewalks, Storm Sewers and Other Public Places of the Dover Code, 830 be amended by inserting a new Section 98-11 Placement of wireless communications facilities 831 within rights-of-way. 832 833 Sec. 98-11. – Placement of wireless communications facilities within rights-of-way. 834 (a) Applicability. The provisions of this section shall apply to the use of rights-of-way as 835 dedicated to the city or as otherwise maintained by the city. 836 837 (b) Definitions. The following words, terms and phrases, when used in this section, shall 838 have the meanings ascribed to them in this subsection, except where the context clearly 839 indicates a different meaning: 840 841 Wireless Communications Facility (WCF). An antenna facility or a wireless 842 support structure that is used for the provision of wireless service, whether such 843 service is provided on a stand-alone basis or commingled with other wireless 844 communications services. 160

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 19 845 846 Wireless Support Structure. A freestanding structure, pole, tower, or other building, 847 whether or not it has an existing antenna facility, that is used or to be used to support 848 the placement or installation of a wireless communication facility for the provision 849 of wireless service (whether on its own or comingled with other types of services). 850 851 (c) Uses of Rights-of-way Permit required. It shall be unlawful for any person to construct, 852 erect or affix any wireless support structure within or that encroaches upon any right- 853 of-way owned or maintained by the city, unless and until such use of the right-of-way 854 shall have been approved. A Rights-of-Way Use Permit shall be obtained from the city 855 manager or their designee. 856 (1) Permit Fees. Each application for permit shall be accompanied by a fee as 857 provided for in Appendix F – Fees and Fines. 858 (2) Annual Fee for Rights-of-Way Use. Each wireless support structure not 859 owned or maintained by the city located within or that encroaches upon any 860 right-of-way owned or maintained city shall be subject to an annual fee as 861 provided for in Appendix F – Fees and Fines. 862 863 (d) Approval required. Construction, erection or placement any wireless communication 864 facility or wireless support structure within or encroaches upon any right-of-way owned 865 or maintained by the city shall be in accordance with the provisions of Appendix B – 866 Zoning, Article 5 Section 23. 867 868 869 BE IT FURTHER ORDAINED: 870 871 That Appendix F – Fees and Fines of the Dover Code, be amended by inserting new sections, as 872 follows: 873 874 Chapter 98. – Streets, Sidewalks and Other Public Places 875 Chapter 98. Streets, Sidewalks and Other Public Fees and Fines Places Article I. In General Sec. 98-11 Placement of wireless communications facilities within rights-of-way (c) Use of Rights of Way Permit (1) Permit Fee $25 for ROW Permit (2) Annual Fee for Rights-of-way Use No charge for WCF placement on existing City owned wireless support structure in City ROW $220 for Placement of new wireless support structure/pole in City ROW 161

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 20 $220 for WCF placement on a third party/non-City wireless support structure/pole in City ROW 876 877 878 Chapter 110. – Utilities 879 Chapter 110. Utilities Fees and Fines Article II. Electric Service Sec. 110-32. Pole attachment fee; use of Dover Electric Department facilities Subsection (4) Fees and changes; Wireless Communications Facility $50 Annual Fee per Attachment on City Attachment owned wireless support structure/pole 880 881 Appendix B. Zoning 882 Appendix B. Zoning Fees and Fines Article 5. Supplementary Regulations Sec. 23 Wireless Communications Facilities Subsec. 23.5 Application Procedures 23.51 Location within Public Right-of-way (f) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.53 Eligible Facilities Request (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.54 Substantial Change Activity (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.55 New Facilities (a) Conditional use authorization $425.00, plus $25.00 per acre of the area required. or multiple thereof involved in the Conditional Use Permit application (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or 162

Item 9. Proposed Ordinance #2020-13 – Wireless Communications Facilities Page 21 multiples thereof up to $10,000,000.00 of costs 23.56 New Small WCF (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 883 884 BE IT FURTHER ORDAINED: 885 886 That this Ordinance shall become effective immediately upon adoption. 887 888 889 ADOPTED: * 890 I:\DAC\2020 Applications\10 October 2020\MI-20-06 Text Amendments Wireless Communications Facilities\FIRST 891 READING Proposed Ordinance #2020-13 Wireless Communications Facilities 9-28-2020.docx 892 893 SYNOPSIS 894 This proposed Ordinance adds provisions for Wireless Communications Facilities (WCF) by 895 adding a new Section 23 – Wireless Communication Facilities to the Zoning Ordinance and 896 completing other amendments to the Dover Code of Ordinances. This proposed Ordinance 897 provides definitions; establishes certain general and specific standards relating to the location, 898 placement, construction and maintenance of Small WCF, Non-Tower Based WCF, and Tower- 899 Based WCF; provides for the regulations of WCF within the public rights-of-ways and outside 900 public rights-of-way on properties; and provides for the enforcement of said regulations. Also 901 associated with this Ordinance is the development of the City of Dover “Small Wireless 902 Communications Facility (SWCF) Design Manual” as referenced for design standards for Small 903 Wireless Communications Facilities. 904 (Sponsors: Hugg and City Manager’s Office) 905 906 Actions History: 907 2/11/2020 – Update on Provisions and Development of Ordinance: Wireless Communication 908 Facilities at Council Committee of the Whole – Utility Committee. Referred to Staff for 909 continued work. 910 7/14/2020 – Update and Presentation of Preliminary Draft Wireless Communications Facilities 911 (WCF) Ordinance Version 1A – Planning 7-8-2020 at Council Committee of the Whole – Utility 912 Committee. Referred to Staff for continued work. 913 9/15/2020 – Update and Presentation of Draft Wireless Communications Facilities (WCF) 914 Ordinance Version 2 – Planning 9-9-2020 at Council Committee of the Whole – Utility 915 Committee. Recommend Staff complete refinements and refer to City Council for First Reading 916 and setting of Public Hearing dates. 917 9/28/2020 – Scheduled for First Reading at City Council 918 163

Item 9. PRELIMINARY DRAFT #2 CITY OF DOVER SMALL WIRELESS COMMUNICATIONS FACILITY (SWCF) DESIGN MANUAL This Manual is part of the City of Dover Wireless Communication Facilities Code (Appendix B – Zoning, Article 5 – Supplemental Regulations, Section 23) and shall be applied as part thereof. It addresses the applicable design standards and the process for application and review by the City of Dover for all Small Wireless Communications Facility applications. SMALL WIRELESS COMMUNICATIONS FACILITY BUILDING PERMIT REQUIRED: A Small Wireless Communications Facility Building Permit is required for all proposed Small Wireless Communication Facility activities whether involving an existing utility pole or similar facility or a new location for a Small Wireless Communications Facility as defined herein. An application for Small Wireless Communications Facility Building Permit shall be submitted on the proper form to the Department of Planning & Inspections prior to initiation of any construction or installation. The Department will conduct an administrative review for proposals located in all zoning districts. SECTION I. DEFINITIONS The following terms are defined as follows: 1. Accessory Equipment – any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term “Accessory Equipment” includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures. 2. Antenna – An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services. 3. Collocation – The mounting of one or more WCFs, including antennae, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure. 4. Decorative Pole – A City-owned pole that is specially designed and placed for aesthetic purpose and on which no appurtenances or attachments, other than a small wireless facility, lighting, or municipal attachments have been placed or are permitted to be placed. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 1 of 10 164

Item 9. 5. Prior Approved Design – A design for a small wireless communications facility that has been reviewed and deemed to be in accordance with this Design Manual and approved for construction by the City. 6. Small Wireless Facility -- A wireless communications facility that meets the following criteria: (1) The structure on which antenna facilities are mounted— a) is 50 feet or less in height, or b) is no more than 10 percent taller than other adjacent structures, or c) is not extended to a height of more than 50 feet or by more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and (2) Each antenna associated with the deployment (excluding the associated equipment) is no more than three (3) cubic feet in volume; and (3) All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and (4) The facilities do not require antenna structure registration under 47 CFR Part 17; and (5) The facilities are not located on Tribal lands, as defined under 36 CFR §800.16(x); and (6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR §1.1307(b). 7. Stealth Technology—camouflaging or screening methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in a manner appropriate to the site’s context and surrounding environment. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building- mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles. 8. Underground Utility Area – A portion of the City in which all utility installations are required to be installed underground on a non-discriminatory basis pursuant to Section 110-31 of the City Code. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 2 of 10 165

Item 9. SECTION II. GENERAL STANDARDS FOR SMALL WIRELESS COMMUNICATIONS FACILITIES 1. Applicants for Small Wireless Communications Facility locations shall first consider collocation on an existing City-owned utility pole, or a replacement with a new pole in the same location and matching to the maximum extent possible the existing style, color, materials, and configuration of the pole being replaced. 2. Small Wireless Communications Facilities shall only be located on distribution voltage electric utility poles meeting the approval of the City of Dover Electric Department. These installations will be a minimum of 6 feet above the primary conductors. Installation on transmission voltage poles is prohibited. 3. All Small Wireless Communications Facilities shall be installed and maintained in a workmanlike manner in compliance with the National Electric Safety Code and the National Electrical Code, as applicable. 4. All Small Wireless Communications Facilities shall comply, to the extent consistent with applicable state and federal law, with the Americans with Disabilities Act guidelines adopted by the City and all applicable requirements of the City Code relating to streets and sidewalks as established by Chapter 98 of the City Code. 5. Poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner. 6. All Small Wireless Communications Facilities shall comply with applicable federal and state standards regarding pedestrian access and movement. 7. All Small Wireless Communications Facilities shall be designed and constructed to minimize aesthetic impact on the surrounding neighborhood in accordance with this Small Wireless Cell Facility Design Manual to the extent technically feasible 8. No Small Wireless Communications Facility shall be permitted on an existing Decorative Pole unless the applicant provides documentation showing that such Decorative Pole is the only technically feasible location for placement and that no suitable alternative sites exist. A replacement decorative pole of similar style may be used if accepted by the City Manager or their designee. 9. No Small Wireless Communications Facility shall extend beyond the boundaries of the rights-of-way unless approved on a case-by-case basis by the City Manager or designated official. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 3 of 10 166

Item 9. 10. All Small Wireless Communications Facilities shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure. 11. All Small Wireless Communications Facility locations must comply with applicable provisions of the Zoning Ordinance as set forth in Section 23.52 of the Wireless Communications Facilities Code as related to Historic Districts, Airport Environs Overlay Zone or Environmentally Sensitive Areas. 12. Small Wireless Communications Facility shall comply with the maximum height permitted in the zoning district to the extent technically feasible. 13. Any existing City-owned pole requiring replacement that is currently utilizing a concrete base will have the concrete base removed and replaced with a breakaway steel screw in foundation. This foundation type is not required for third party pole installations. SECTION III. ANTENNA AND ACCESSORY EQUIPMENT STANDARDS 1. Antenna Standards a. Any Antenna associated with a Small Wireless Communications Facility shall not exceed three (3) cubic feet in volume. b. All pole-top Antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible. c. All Antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached. d. Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments; minimum clearance of 6 feet above primary distribution wires. e. Any Antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances. f. If mounted on an existing structure, no Antenna shall impair the function of said structure. g. Antenna placement shall not materially impair light, air, or views from adjacent windows to the extent technically feasible. h. No more than two (2) collocated Small Wireless Communications Facilities shall be permitted on a single utility pole. 2. Accessory Equipment Standards Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 4 of 10 167

Item 9. a. Accessory Equipment shall not exceed twenty-eight (28) cubic feet in volume. Equipment utilized solely for the minimization or mitigation of the aesthetic impact of the Small Wireless Communications Facility shall not be included in the Accessory Equipment volume calculation. b. Accessory Equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible. c. Accessory Equipment shall be mounted to provide a minimum of eight (8) feet vertical clearance from ground level. d. Meter socket installations shall be no lower than four (4) feet and no higher than six (6) feet above finished grade. If installed in a pole manufactured to house SWF equipment the pole will be positioned to allow a minimum of three (3) feet clearance to allow access to the meter. e. Accessory Equipment shall be of a color that reasonably matches the utility pole upon which such Accessory Equipment is mounted. f. To the extent feasible, Accessory Equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible. g. All Small Wireless Communications Facilities shall post a sign in a readily visible location identifying the owner’s permit number and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency. All signage associated with a Small Wireless Communications Facility shall be approved by the City Planning Department. h. Accessory Equipment placement shall not materially impair light, air or views from adjacent windows. To the extent technically feasible, all Accessory Equipment shall be placed away from adjacent windows and the primary pattern of pedestrian and vehicular traffic. i. No Accessory Equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law. 3. Wiring Standards a. Exposed wiring on decorative poles is prohibited on any Small Wireless Communications Facility, Accessory Equipment or Accessory Equipment enclosure. b. Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole. c. All wiring shall be installed without excessive slack or extra cable storage on the utility pole. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 5 of 10 168

Item 9. d. Any conduit or U-guard shall be of a color that reasonably matches the utility pole to which the Small Wireless Communications Facility is attached. e. Loops of extra wiring shall not be attached to any utility pole. SECTION IV. POLE STANDARDS 1. Replacement Utility Poles. a. Any replacement wireless support structure shall comply with the following requirements to the extent that the requirements do not conflict with the standards and requirements of the owner of the wireless support structure being replaced: i. The maximum height of any proposed replacement utility pole shall be: 1) no more than ten (10%) percent taller than the tallest existing utility pole in the public rights-of-way within a two hundred fifty (250) foot radius of the proposed Small Wireless Communications Facility; or 2) fifty (50) feet above ground level, whichever is greater. ii. Any replacement utility pole shall be of comparable materials and design to the existing utility pole. All attachment hardware will match, as much as possible, to the color of the pole being installed. iii. Any replacement utility pole shall be placed within five (5) feet of the existing utility pole being replaced. iv. Any replacement utility pole shall be designed to accommodate all uses that existed on the existing utility pole prior to replacement. As part of an application for a Small Wireless Communications Facility, the applicant shall provide documentation from a structural engineer licensed in the State of Delaware confirming that the replacement utility pole, Small Wireless Communications Facility, and prior existing uses shall be structurally sound. v. Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures. b. Replacement of any City-owned utility pole shall comply with the following requirements: i. Any existing City-owned utility pole requiring replacement that is currently utilizing a concrete base will have the concrete base removed and replaced with a steel screw in foundation. ii. City owned poles requiring replacement that contain lighting attached with davit arms must allow for the installation of the same lighting configuration on the new pole. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 6 of 10 169

Item 9. iii. Replaced City-owned poles will be capable of supporting davit arms for lights and if the original arm cannot be installed on the new pole, a new arm will be provided by the applicant. 2. New SCWF Poles a. The maximum height of any new SCWF pole shall be: 1) no more than ten (10%) percent taller than the tallest existing utility or SCWF pole in the public rights-of- way within a two hundred fifty (250) foot radius of the proposed Small Wireless Communications Facility; or 2) fifty (50) feet above ground level, whichever is greater. b. Any new pole shall be installed in accordance with the predominant pattern of existing adjacent structures. c. New poles shall be of the same or similar material and color of existing adjacent structures. d. To the extent technically feasible, no new SCWF pole shall be installed: i. Directly in front of any building entrance or exit so that it would interfere with ingress or egress; ii. Directly in front of a window of any residential structure; iii. Within ten (10) feet of the edge of any driveway; iv. In the public rights-of-way directly opposite any driveway; v. In a manner that unreasonably increases visual clutter or disorganization of utility infrastructure along the street; or vi. In violation of the design standards contained herein. 3. Decorative Poles: a. Decorative Poles shall be required for the replacement of any existing Decorative Pole; b. Decorative poles shall be required in any portion of the City where all utility installations are required to be installed underground on a non-discriminatory basis pursuant to Section 110-31 of the City Code, unless not technically feasible. c. For any replacement Decorative Pole, the new Decorative Pole shall match the existing Decorative Pole in shape, design, color, and material. d. All replacement Decorative Poles shall comply with the requirements of Section III (1) of this Design Manual. SECTION IV. REVIEW AND APPROVAL Applicants are encouraged to participate in a pre-application meeting with City Planner or designee in order to discuss any location, aesthetic or safety concerns of the City with respect to the proposed SWCF. The City Planner shall consult with the City Manager, the Dover Electric Department, the City Public Works Department and any other applicable City departments and shall advise the applicant of any findings or recommendations. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 7 of 10 170

Item 9. The City Planner shall create a checklist to be used to determine the requirements for submittal of a “Complete Permit Application.” Minimum Information Required for Permit: i. Name and address of applicant, including contact person ii. Address of the proposed SWCF which may be street address, parcel number, or other definitive location as may be relevant to the location. iii. Physical geographic coordinates (GIS format) iv. Design and construction details v. Complete application including any ROW or Attachment permit documents The City Planner shall reasonably determine whether a proposed Small Wireless Communications Facility design complies with the requirements of this Design Manual. The City Planner may impose such additional, reasonable conditions as determined by the City to minimize the impact of the Small Wireless Communications Facility on the neighborhood in which to be located. Any requests for a variance from the requirements of this Design Manual shall be considered on a case-by-case basis by the City Planner and shall be approved upon a determination that such variance is in the best interests of the City or necessary to avoid the effective prohibition of wireless service pursuant to the Rules of the Federal Communications Commission. Upon approval of a design for a Small Wireless Communications Facility requiring a variance from the requirements of this Design Manual, such design shall be incorporated by reference into this Design Manual as a Prior Approved Design. A Small Wireless Communications Facility Building Permit will not be issued until a ROW Use Permit Agreement and/or City of Dover Pole agreement are approved and in place. A record of Approved Designs shall be kept on file at the City Planning and Inspections Office. SECTION V. APPROVAL TIMING Approval timing shall be as set forth in Section 23.57 of the City of Dover Wireless Communications Facilities Code (Appendix B- Zoning, Article 5, Section 23). Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 8 of 10 171

Item 9. Small Wireless Communications Facility Design Checklist The information detailed in the following checklist shall be included with any application for a Small Wireless Communications Facility: Item Description Included in Application? Yes No Cover Letter • The application shall include a cover letter detailing the location of the proposed site, all equipment being proposed, and a certification that the applicant has included all information required by the City Code. Site Plan • Site plan shall show all proposed equipment associated with the Small Wireless Communications Facility. • The manufacturer and model, proposed location, and dimensions of each piece of equipment should be clearly shown. • Before and after diagrams of the proposed site showing the dimensional changes shall be included. • If the proposed utility pole supports existing attachments, the site plan shall show the location and dimensions of all such attachments. • If installation of a new utility pole is being proposed, the site plan shall include the color, dimensions, material and type of utility pole proposed. • The site plan shall show the location of any existing structures within one hundred (100) feet of the proposed location, including but not limited to residential structures, commercial structures, light poles, traffic signals, traffic signage, and existing utility poles. Photo • Photo simulations shall depict the Small Simulations Wireless Communications Facility from at least two locations near the proposed site. • The photo simulations should reflect the proposed design and location of all Accessory Equipment associated with the Small Wireless Communications Facility. Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 9 of 10 172

Item 9. Paint • Accessory Equipment shall be painted a color that reasonably matches the utility pole upon which such Accessory Equipment is mounted. • Application shall detail the proposed painting of any Accessory Equipment necessary to achieve aesthetic uniformity of the site. Wiring • All proposed wires associated with the Small Wireless Communications Facility shall be clearly shown. • A depiction and description of the concealment methods to be utilized for the wiring shall be included. • No exposed wiring is permitted. Signage • Signage shall be posted in a readily visible location and identify the owner’s permit number and the name and phone number of a party to contact in the event of an emergency. • If required, FCC-mandated signage is permitted. Applicant shall identify such signage in its application. Right-of-way • Application for permit/permit # Placement • Line of sight is not impaired Preliminary DRAFT #2 Small WCF Design Manual Mark-up 9-9-2020 Page 10 of 10 173