Historic District Commission Packet 11-19-2020

CITY OF DOVER, DELAWARE HISTORIC DISTRICT COMMISSION Thursday, November 19, 2020 at 3:30 PM Virtual Meeting AGENDA VIRTUAL MEETING NOTICE The Historic District Commission Meeting for November 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. Historic District Commission member participants will receive a specific invitation to attend the meeting as a Panelist. Written comments are accepted via mail to City of Dover - Historic District Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. The public is welcome to attend the Meeting using the Public Participation Information given below. PUBLIC PARTICIPATION INFORMATION City of Dover Historic District Commission Meeting of November 19, 2020 Dial: 1-408-418-9388 Event number/Access code: 173 154 7264 Event password: DoverHDC Event Address: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e5df44609493a9ffceb8e414183b e2f8d 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 Historic District Commission Virtual Meeting ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of September 17, 2020 2. Adoption of Minutes of October 15, 2020 COMMUNICATIONS & REPORTS 1

HISTORIC DISTRICT COMMISSION - November 19, 2020 PAGE 2 Summary of Activity 3. Summary of Applications 2019 and 2020 4. Summary of Architectural Review Certificates for 2020 Department of Planning & Inspections Updates 5. Update on Wireless Communications Facilities: Ordinance #2020-13 Adopted by City Council 11/9/2020 and Small WCF Design Manual NEW APPLICATIONS NEW BUSINESS Review of Permits Referred to Commission Annual Meeting of the Historic District Commission 6. Election of Chairman & Vice-Chairman 7. Meeting & Deadline Schedule for 2021 Educational Training Session 8. Information on Historic District (H) Zone OLD BUSINESS Certified Local Government (CLG) Program 9. CLG Program Reporting for FFY2019 10. Update on FFY2019 CLG Grant: Update to Design Standards and Guidelines for the City of Dover Historic District Zone 11. Information on FFY2020 CLG Grant Application a. Update on Application Process: Intent to Apply Submitted and Full Application Submission Pending b. Update on Grant Project Options Implementation of 2019 Comprehensive Plan ADJOURN 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 2

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION September 17, 2020 The Virtual Meeting of the City of Dover Historic District Commission was held on Thursday, September 17, 2020 at 3:30 PM using the videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19 with Vice Chairperson Ms. Horsey presiding. Members present were Mr. Street, Mr. Czerwinski, Ms. Horsey and Ms. Mason. (Note: the fifth Historic District Commission member has not been appointed following the completion of the term of Mr. McDaniel.) Planning Office Staff members present were Mrs. Melson-Williams, Mr. Swierczek, and Mrs. Savage-Purnell. APPROVAL OF AGENDA Ms. Mason moved for approval of the agenda as submitted, seconded by Mr. Czerwinski and the motion was unanimously carried 4-0. ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION MEETING OF JUNE 18, 2020 Mr. Street moved for approval of the Meeting Minutes of June 18, 2020, seconded by Mr. Czerwinski and the motion was unanimously carried 4-0. COMMUNICATIONS & REPORTS Summary of Applications for 2019 and 2020 Mrs. Melson-Williams stated that there were four (4) applications in 2019. A number of them were informational items. There are no additional details. The only Application we have for 2020 is a Referral of a Demolition Permit at 229 South Governors Avenue. This has been completed. Summary of Architectural Review Certifications for 2020 Mrs. Melson-Williams stated that with the Summary of Applications there have been 26 applications for the year (January – August). Seven of the Applications revolved around exterior renovation projects. There were two projects that were not subject to Architectural Review Certification. There were five Roof Permits and the remaining Permits were fences, signs and demolitions including the one on 229 South Governors Avenue. Of the twenty-six (26) Permits, twenty-five (25) were approved by Staff. One of the Demolition Permits involved the Historic District Commission. A number of the Permits have involved properties on The Green that we have processed in this time period of the COVID-19 pandemic. Mr. Czerwinski asked if there had been any activity on the house (building) that was damaged on State Street. Mrs. Melson-Williams replied that Staff has not seen any Permit activity at that location at the current time. There is still an open Code Enforcement case on the property. Mr. Street asked if the City had any recourse for the owner of the property to fix the building. Mrs. Melson-Williams replied that the property cannot be occupied. She was not sure of what type of triggers could be in place to force the property owner to do something if it is in a stable condition. If something was to change, they (the city) could certainly attempt to move forward with some 3

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION SEPTEMBER 17, 2020 type of declaration of it being a Dangerous Building to force correction to happen. She can look into it and report back at the next meeting. Ms. Horsey mentioned when she talked to the contractor, he said it was up to the insurance company as to how far the owner could go with the restoration. She would think by now that the owner would have heard from the insurance company. It would be nice if Mrs. Melson-Williams could look into it and find out the status and report back to the Commission. Ms. Mason asked who the owner was? Mrs. Melson-Williams replied that she did not recall the name and did not believe they were local. Ms. Mason mentioned that it seems as if they are just letting it sit there. There are signs stating we are looking for new businesses (We Buy Houses). Mrs. Melson-Williams replied that there is a tenant in the space. There were several offices with tenant(s) on the first floor (Glynn Homes). They are not currently in the building, but their signage remains on the property. Ms. Mason seems to think that the building is being used as advertisement and does not look nice. Ms. Horsey agreed with Ms. Mason’s comments and she hopes that we can find out more information and perhaps get some movement on the building. The presentation of the building is pretty bad for the Historic District. Department of Planning & Inspections Update Mrs. Melson-Williams mentioned that included in your packet was a flyer that announces the Draft City of Dover Bicycle and Pedestrian Plan. A link is included on the flyer that is open for review and comments until October 4, 2020. Previously, there was an individual Bicycle Plan and Pedestrian Plan, but now they have been combined into one. The Dover Kent County MPO has a consultant working on the Plan. The City is also a partner. It is one of the Comprehensive Plan items for the City that we should be keeping up with. She has not read it extensively and cannot specifically comment on anything involving the Historic District area. Ultimately, it will come through a City process for adoption through City Council within the upcoming months. Mrs. Melson-Williams mentioned that Staff is in the process of learning a new meeting management agenda/packet making system. It somewhat changes the format of the agenda. She gave a brief overview of the new agenda and paperless packet format. “Municode for Meetings” is the new system. We have received training. Mrs. Melson-Williams mentioned that the Planning Commission has a new application that was filed at their September deadline that they will be considering if it continues to progress to their October meeting. It is an application involving the Scull Mansion property on South State Street. The property is proposed with the new Site Plan Application that has been filed for redevelopment as an expansion of Bayhealth’s Staff parking. The parking lot proposal will demolish the existing Scull Mansion building, which currently functions as office space, in Phase 1 of the project for redevelopment of that area into parking. While the property is not within the local Historic District zone, the building is listed on the National Register of Historical Places which is a federal destination. There is no local review of the proposal for the demolition. It is one of the historic resources in Dover. 2 4

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION SEPTEMBER 17, 2020 Mr. Czerwinski asked when was the application going through? Mrs. Melson-Williams replied that the application was just filed. It would be scheduled to appear at the Planning Commission meeting of October 19, 2020. The application will be subject to public hearing at the Planning Commission. Ms. Mason asked if there was any way the demolition could be stopped? Mrs. Melson-Williams replied that there is not a review process for demolition. It would be like any other building that sought a Demolition Permit. There is a small section of the Zoning Ordinance that recognizes “scenic resources” in the City, and it mentions that those listed on the National Register of Historic Places should be considered during the Site Plan process. Ms. Horsey commented that building a parking lot is great, but how many of us (at least a dozen) tried to save Dover Hardware and it did not work. We can put all the good information out there. We can ask the hospital to spend money for restoration, but it does not matter because it is a foregone conclusion and the Historic District Commission’s hands are tied. The National Register of Historic Places means absolutely nothing. Mr. Czerwinski mentioned that the only thing that the National Register of Historic Places, as far as a covenant does, is for example if the hospital uses Federal funds for the parking lot that is the only thing that will protect it and it would go through a Section 106 review. Both Ms. Horsey and Mrs. Melson-Williams agreed. Mr. Czerwinski also mentioned that the building is in excellent shape and it has been short sited. They have been using it as an office building this entire time. To tear the building down for a parking lot would be an arch typical evil thing to do for a 19th century structure such as that. Shame on them and other than that it is really nothing you can do about it. Mrs. Melson-Williams mentioned that as a Commission you could note that you recognize that it is listed on the National Register of Historic Places and if they would consider options for the property. If demolition is selected as the option, there is always an opportunity for documentation prior to demolition. If you look at your Design Standard and Guidelines that is one of the things that if it were in the Historic District you could look to have happen. That would be photo documentation, measured drawings, etc. prior to a building going away. Mr. Czerwinski mentioned that he hated mitigation like that because it does nothing for the structure. Correspondence Mrs. Melson-Williams stated that she received a letter from Mr. Nathan Attard that was provided in your packet. Mr. Attard’s spouse is an employee with the City of Dover Planning Office. He also notes in his profession that he works as a professional planner for the Delaware Transit Corporation (DTC). He is a resident of Dover and expresses some thoughts about the need for the Historic District Commission to look to expand the City’s current Historic District to be coterminous with the current National Register districts in Downtown Dover. He mentions the local districts, structures approaching fifty years of age, the Greenwold House, the pending sale of Wesley College, and the Victorian Dover Historic District. 3 5

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION SEPTEMBER 17, 2020 Ms. Horsey questioned the two buildings (the little green frame house and the house next to it on South Governors Avenue) where they are going to put the Family Court; they are not worth keeping. Mrs. Melson-Williams replied with those properties in that area, she believes the State has made some property acquisitions in that area in an anticipation of a potential build site (future project). Where those buildings remain is not in the Historic District. Ms. Mason agreed with Ms. Horsey. Mrs. Melson-Williams mentioned that there was a greater number of buildings through that entire corridor that over the years have disappeared since the 1970’s -1980’s. Ms. Mason mentioned that it is good that the Historic District Commission is looking ahead and anticipating something like what’s happening to Scull Mansion. She thinks it is a great idea to extend the Historic District. Mr. Czerwinski mentioned that the Historic District Commission has had this discussion in the past. It could be kind of heated expanding the Historic District. We would need to set time aside to do a deep discussion. There are a lot of areas on Bradford Street that are not in the Historic District and there are a lot of houses in that area (north of Loockerman) as well as the Methodist Church. Ms. Horsey mentioned she worked on it in the early 90’s with the boundaries and the Guidelines and there was a lot of resistance during that time with the street, blocks and properties to come into it. Perhaps things may have changed now, and the feelings might very well be different. So that is the reason the District boundaries were created the way they are today. Mr. Czerwinski asked if this was something that the Historic District Commission should have a public hearing about? Ms. Horsey replied yes. Mrs. Melson-Williams replied that in the Comprehensive Plan as one of the goals associated with Historic Preservation in the City, it does raise that question of expansion of the local Historic District in designated areas. It is something that is focused in the intermediate years of the Implementation Plan (2022-2025). It would certainly be a very big project and you would have to think about how you assess the feelings of the public or property owners in the area. What areas do you look to add? It could be areas contiguous to the existing District or individual sites in the City. The process is laid out in the Zoning Ordinance. Mr. Czerwinski also mentioned that you have to consider not only Victorian but Edgehill, Capital Green, Capitol Park, the Cape Cods, Fairview, etc. that is over 50 years. You have to look ahead because it could be a slippery slope. These areas mark a new expansion for Dover as well as the architectural style they represent. History does not stop with the Victorian era. We also have to look at the areas after World War II because of the Dover Air Force Base and their impact. If the Dover Air Force Base was not built, we would be an isolated small town like Georgetown. You would also need to look at all the new subdivisions that were built and how they would be added to the Historic District. Mrs. Melson-Williams mentioned that Staff is happy to start with the basics of logistically “how do you approach a task like this.” It does not mean that everything has to come in at once or you even look at all of that. As mentioned by Mr. Czerwinski, the mid-20th century resources do not have basic survey level data even done for them. At 50 years old, there are a number of areas that were developed in response to the Dover Air Force Base coming into being and then actually the 4 6

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION SEPTEMBER 17, 2020 arrival of Kraft Foods as a major manufacturer in town. There are neighborhoods that are basically constructed to house the workers and professionals that came with that expansion of the City. . SPECIAL RECOGNITION Mrs. Melson-Williams read into the record the Resolution honoring the Service of Joseph McDaniel on the Historic District Commission. Resolution Whereas, Joseph McDaniel became a member of the City of Dover Historic District Commission in April 2007 and has served with diligence and distinction in this capacity as an advocate for implementation of the Historic District Standards and Guidelines to maintain the historic character of the city’s Historic District; and, Whereas, Joseph McDaniel has played a key role in ensuring fundamental fairness and careful forethought in the planning and development of the Capital City through his service on the Historic District Commission; and, Whereas, Joseph McDaniel has provided leadership on the Historic District Commission through his role as Vice-Chairman from November 2014 to July 2016 and as Chairman from August 2016 through July 2020; and, Whereas, Joseph McDaniel has influenced the pattern and appearance of development in the Historic District in Dover through his contributions to the development of the Historic Preservation chapters of the 2008 and 2019 Comprehensive Plans and his participation in achieving the City’s designation as Certified Local Government as authorized by the National Historic Preservation Act of 1966; and, Whereas, Joseph McDaniel completed his service on the City of Dover Historic District Commission on July 10, 2020. Now Therefore Be It Resolved That, the City of Dover Historic District Commission does hereby express its sincere appreciation to Joseph McDaniel for his faithful and exemplary service to the Citizens of the City of Dover as a member of the City of Dover Historic District Commission. Adoption of the Resolution Mr. Street moved to accept the Resolution, seconded by Ms. Mason and unanimously carried 4-0. Mrs. Melson-Williams noted that with Mr. McDaniel’s resignation (at the end of his term) from the Historic District Commission there is a vacant seat. The Mayor will be looking to fill that seat. The Historic District Commission does have some perimeters about the collection of people who should serve. She is not sure at the current time how the Mayor is coming along with any appointment thereof. Please share any ideas you might have with Staff or the Mayor. Mrs. Melson-Williams stated that with Mr. McDaniel being the previous Chairman, Ms. Horsey as the Vice-Chairperson has been serving as the Acting Chairperson. Per your By-Laws 5 7

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION SEPTEMBER 17, 2020 technically, you should fill the vacancy of the two elected officers of your Commission. Currently, the Chairperson position is vacant. In the absence of the Chairperson, the Vice-Chairperson acts. Your By-Laws allow you to fill the offices at any meeting. You could do it today or wait for the formal appointment of an additional member. The Commission’s Annual Meeting is in November. Ms. Horsey stated that she would be willing to continue as Acting Chairperson until November. Maybe by that time we would have an extra member on the Commission. All members agreed. NEW BUSINESS Review of Permits Referred to Commission – None Mrs. Melson-Williams noted that last week the Planning Office received a Permit for another building on The Green that is looking to have some work completed on the front porch. The property is 34 The Green. It does have an active Code Enforcement case associated with the condition of that porch. OLD BUSINESS Certified Local Government (CLG) Program Update on FFY2019 CLG Grant: Update to Design Standards and Guideline for the City of Dover Historic District Zone Mrs. Melson-Williams stated that FFY2019 CLG Grant was in place for doing the Addendum to the Design Standards and Guidelines and the narrative was provided to the Commission as reference. Earlier during the summer, the Planning Office had been in contact with the State Historic Preservation Office about the status of Grants with the COVID-19 situation. We were advised that the National Park Service would be allowing some flexibility to extend the Grant year for the FFY2019 Grant cycle. This would allow us to continue with the Grant and get it started. We are expecting the Grant Agreement to be revised in order to continue with the project. Mrs. Melson-Williams tried to get confirmation today as to where we stand but was unsuccessful. We are hoping to retain consultant services and make use of the Grant monies that we hope is still available. We do have match in our current year budget that could assist with that project. We are technically into another Federal Fiscal Year and there should be a new CLG Grant Application cycle. Previously, we were advised that it probably would mean a Grant Application timeframe in August. We have not received any information at the current time. It is Staff’s intent to move forward with the FFY2019 CLG Grant in this upcoming year. Implementation of 2019 Comprehensive Plan Update on Implementation Plan Activities Mrs. Melson-Williams stated that Staff has begun work on the Comprehensive Rezoning Project. She mentioned the various Ongoing Activities listed by topic area in the Short-Term Implementation (2019-2021), the Intermediate Term Implementation (2022-2025) and the Long- term Implementation (2025 and Beyond). She will keep the Commission updated on the Comprehensive Plan actions on a regular basis. 6 8

Item 1. CITY OF DOVER HISTORIC DISTRICT COMMISSION SEPTEMBER 17, 2020 Mr. Czerwinski asked if the Commission wanted to set aside time in the future meetings to discuss the Historic District. Mr. Street agreed. Ms. Horsey mentioned that it would also be good to have a map of the Historic District. Mrs. Melson-Williams mentioned that there were a couple of reference documents in the Comprehensive Plan. The Historic Preservation Chapter has two associated maps that mark the local Historic District zone and the National Register Districts as well as individual properties that can be used as a reference. Staff can put together the maps for your next meeting. Mr. Street asked if the maps were in a PDF form on the website. Mrs. Melson-Williams replied yes, she will send the link to the Commission members. Ms. Mason moved to adjourn the meeting, seconded by Mr. Czerwinski and unanimously carried 4-0. Meeting adjourned at 4:33 PM Sincerely, Maretta Savage-Purnell Secretary 7 9

City of Dover Historic District Commission Item 3. Summary of Applications 2020 Updated thru October 31, 2020 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-20-01 Referral of 229 South Governors Demolition Permit - Permit #20-47 referred to HDC by City Permit Application received 1/14/2020. Demolition Avenue, Action Tire Building Planner 2/11/2020 for consultation on Permit approved for issuance per HDC Permit #20-47 Architectural Review Certification; action. Building Demolished. Commercial/ 2/20/2020 HDC recommended Vehicle Service approval of ArchRevCert Building HI-20-02 CLG Grant Certified Local Information File Notice of Eligibility for Grant Notice of Intent due October 16, 2020: Application for Government 10/2/2020; Notice of Intent Due to Email submitted of intent to file. Full FFY2020 Application for Grant SHPO Application due October 30, 2020. Working Funding with SHPO and other City Staff on refining Grant Project activities. 10

City of Dover Historic District Commission Item 3. Summary of Applications 2019 Updated thru October 31, 2020 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-19-01 Information on Downtown Dover; Presentation Informational Presentation and Information heard on grant funded Mural Downtown Dover Potential Mural Consultation on Wall Preparation for S. project from Design Committee of Mural Project Location at 109-113 Bradford St. elevation - HDC Downtown Dover Partnership; Property W. Loockerman recommendation to not allow painting Owner to be advised that masonry wall Street of an existing masonry wall should not be painted HI-19-02 CLG Grant Certified Local Information File Notice of Eligibility for Grant Grant Application submitted; email of Application for Government 6/14/2019; FFY2019 CLG Grant award; awaiting Formal Award Letter and FFY2019 Application for Grant Application submitted 7/11/2019 to Letter of Agreement; Grant Timeframe Funding SHPO Summer 2019-6/30/2020; Grant Timeframe pending extension due to COVID-19 HI-19-03 Information on Historic District and Information File Informational Presentation by City's Ongoing efforts to establish provisions for Small-Cell Citywide Electric Director to HDC design, permitting, and implementation; MI- Wireless Facilities 20-06 Text Amendments: Wireless Communications Facilities -- Proposed Ordinance #2020-13 - First Reading 9/28/2020, Planning Commission Recommendation 10/19/2020, City Council Adoption 11/9/2020 HI-19-04 Referral of Fence 2 Kings Highway NE Fence Permit Permit #19-1218 referred to HDC by Permit application received 9/4/2019; HDC Permit #19-1218 City Planner 9/9/2019 for consultation authorizes fence height and recommended on Architectural Review Certification; elements, materials, & location; Permit Considered at 9/19/2019 HDC Meeting issued 10/23/2019 subject to conditions of - approval granted for 5 ft. metal Architectural Review Certification. picket fence with recommendations on brick piers, pergola, and fence materials & location 11

ummary of Permit Applications with Architectural Review Certification Item 4. 020 - Updated Thru 10-31-2020 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 1/23/2020 19-1476 6 W. Loockerman St. Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for tenant fit Renovations required for interior work. out of office space on second floor. 1/6/2020 19-1635 120 S. Governors Avenue Fence Permit Staff Approval. Replacement of wood pieces on existing wood fence associated with commercial building. 1/22/2020 19-1674 15 Loockerman Plaza, City Roof Permit Staff Approval. Roof replacement on City Hall one Hall story west wing area. Reclad mansard roof areas with synthetic slate roof shingles to match main section of building. 2/6/2020 20-01 131 W Loockerman Street, Sign Permit Staff Approval. Window signs and Roof Sign on Handyman Humpfries corner of pent roof structure for business located in first floor storefront area. 3/17/2020 19-1575 54 S. State Street, Temporary Sign Permit Staff Approval Installation of temporary banner Presbyterian Church 12/9/2019 - 12/26/2019. 3/6/2020 20-193 214 S. State Street Roof Permit Staff Approval Roof replacement with architectural shingles on rear addition; limited visibility from street. 3/16/2020 20-202 22 The Green, Delaware Building Permit - Exterior Staff Approval Replacement of fire escape on rear State Housing Authority Renovations (west) elevation; exterior Offices restoration/repair and painting of masonry & stucco, windows, shutters, woodwork, gutters; roof replacements - architectural shingles and membrane roofing 12

ummary of Permit Applications with Architectural Review Certification Item 4. 020 - Updated Thru 10-31-2020 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 3/16/2020 20-206 16 The Green, Delaware Building Permit - Exterior Staff Approval Replacement of existing ramp on State Housing Authority Renovations rear (north) elevation; exterior Offices restoration/repair of masonry & stucco, windows, shutters, woodwork, gutter & downspouts; roof replacements 3/13/2020 20-219 5 Kings Highway, NE Demolition Permit - Accessory Staff Approval Demolition of freestanding garage Structure building. 4/27/2020 20-335 15 Kings Highway, NE Sign Permit Staff Approval Installation of projecting sign on metal bracket for office tenant 5/21/2020 20-047 229 S. Governors Avenue Demolition Permit HDC Approval of ArchRevCert for Approval by HDC on 2/20/2020. Demolition, HI-20-01 Demolition of one story masonry commercial/vehicle service building. 5/28/2020 20-287 411 Legislative Avenue, Building Permit - Exterior Staff Approval Renovation of Entry Stairs for Legislative Hall Renovations precast stone treads, brick, and handrail system improvements. 5/11/2020 20-346 25 W. Loockerman Street Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for café space Renovations required for interior work. on first floor. 5/6/2020 20-358 2-4 The Green, Office Administrative Permit - Roof Staff Approval Replacement of mansard roof with Building Permit synthetic slate shingle material and other roof & trim work repairs. 5/11/2020 20-368 417 S. State Street Building Permit - Exterior Staff Approval Restoration/repair of masonry Renovations repointing, shutters, woodwork repair, and exterior repainting. 5/26/2020 20-401 45 The Green, Sykes Roof Permit Staff Approval Roof Replacement of flat roof Building membrane, select repair of slate roof areas (west wing and rear), woodwork, gutter, chimney repair. 13

ummary of Permit Applications with Architectural Review Certification Item 4. 020 - Updated Thru 10-31-2020 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 6/22/2020 20-412 401 Federal Street, Building Permit - Interior Staff Approval. No ArchRevCert Interior Renovations to office space. Renovations required for interior work. 6/2/2020 20-466 20 E Division Street, Office Sign Permit Staff Approval. Reface of existing monument sign Building for office tenant (Embrace Home Loans). 7/1/2020 20-447 150 Martin Luther King Jr Window Permit No Planning Staff Review. Permit Repair of Windows. Blvd South, Tatnall Building issued by Permitting Staff 7/9/2020 20-615 411 Legislative Avenue, Administrative Permit - Staff Approval. No ArchRevCert Interior Renovations associated Legislative Hall Interior Renovations required for interior work. with replacement of HVAC mechanical system. 7/23/2020 20-704 20 Loockerman Plaza, Dover Fence Permit Staff Approval. Replacement of existing white vinyl District Office at Wesley UM fence with 4-ft. black metal picket Church fence on north side of east building wing. 8/11/2020 20-761 417 S State Street Roof Permit Staff Approval. Replacement of existing asphalt shingle roof with architectural shingle roof. 8/6/2020 20-772 146 S State Street, Main Sign Permit Staff Approval. Installation of hanging (projecting) Street Homes Loan sign on porch for office tenant. 8/24/2020 20-785 3 Loockerman Plaza, PNC Building Permit - Site Staff Approval. Renovations to ADA Parking in Bank Renovations north parking lot and associated curb cuts, sidewalks, and replacement of walkway and steps with ramp system on east side of building from parking lot. 8/17/2020 20-795 154-156 S State Street Alley Building Permit - Exterior Staff Approval. Renovations to exterior wood Renovations staircase and deck on north side of building. Not considered in public view and subject to Arch Rev Cert as site is off an alley. 14

ummary of Permit Applications with Architectural Review Certification Item 4. 020 - Updated Thru 10-31-2020 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 8/25/2020 20-878 133 S Bradford Street, Administrative Permit Staff Approval. Removal of 3-bay Bank Drive-thru Previous Wells Fargo Bank canopy structure. Existing Building Drive-thru to remain. 10/23/2020 20-957 34 The Green, Law Offices Building Permit - Exterior Staff Approval. Reconstruction of front porch May & Perez Renovations elements and other woodwork with in-kind materials. Information alert to HDC at 10/15/2020 Meeting. 10/16/2020 20-1030 6 S State Street, Law Office Window Permit No Planning Staff Review. Permit Replacement of 6 Double Hung of Baird Mandalas & issued by Permitting Staff Windows - Beige in color with grids. Brockstedt 10/13/2020 20-1085 116 E Water Street Door Permit No Planning Staff Review. Permit Replacement of Entry Door - Raised issued by Permitting Staff Panels Double Door with Transom. Planning Staff discussed door options with contractor. 15

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

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 2 23.2 Definitions. 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. Antenna. An apparatus designed for the purpose of emitting radiofrequency (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. Changes in height. Changes in height is measured from the original wireless support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act (47 CFR §1.4001(b)(7)(i)(A)). 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. Eligible Facilities Request. Any request for modification of an existing WCF that does not constitute a substantial change. Such request may involve: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment. Emergency. A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of- way to be unusable and result in loss of the services provided. Equipment Compound. An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located. FCC. Federal Communications Commission. Height of a Tower-Based WCF. The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennae mounted on the tower and any other appurtenances. Modification or Modify. The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure. 17

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 3 Non-Tower Wireless Communications Facility (Non-Tower WCF). A wireless communications facility located or collocated on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF. This definition excludes any installation constituting a Small Wireless Communications Facility. Person. Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the State of Delaware, provided that “Person” does not include or apply to the City, or to any department or agency of the City. Replacement. The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment that does not result in increased wind or structural loading, is substantially similar in size and weight as the wireless communications facilities initially installed, and that does not substantially change the physical dimensions of the existing wireless support structure. Small Wireless Communications Facility (Small WCF). 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 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 radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR §1.1307(b). 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. Substantial Change. A modification to an existing WCF substantially changes the physical dimensions of a wireless support structure if it meets any of the criteria set forth in 47 CFR §1.6100, as amended. 18

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 4 Tower-Based Wireless Communications Facility (Tower-Based WCF). Any structure that is used for the primary purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. This definition excludes any installation meeting the definition of a Small Wireless Communications Facility. Wireless. Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals. Wireless Communications Facility (WCF). An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand- alone basis or commingled with other wireless communications services. Wireless Communications Facility Applicant (WCF Applicant). Any person that applies for a wireless communications facility building permit, zoning/conditional use approval, and/or permission to use the public right-of-way or other City owned land or property. Wireless Support Structure. A freestanding structure, pole, tower, or other building, whether or not it has an existing antenna facility, that is used or to be used to support the placement or installation of a wireless communication facility for the provision of wireless service (whether on its own or comingled with other types of services). 23.3 Applicability. The terms and provisions of this section shall apply to wireless communication facilities in the City. As defined, each type of WCF has specific allowable locations, development regulations, and design standards as follows: (a) Small WCF described in Article 5, Section 23.6. (b) Non-Tower WCF described in Article 5, Section 23.7. (c) Tower WCF described in Article 5, Section 23.8. 23.31Exceptions. The activities by City residents to utilize satellite dishes, citizen and/or band radios, and Antennae for the purpose of maintaining television, phone, and/or internet connections at their residences for non-commercial activity shall be exempt from the regulations enumerated in this Section 23. 23.32 Nonconforming Uses. The following provisions shall apply to all buildings, support structures, and uses as related to wireless communication facilities: (a) All types of WCFs shall be permitted to collocate upon existing non-conforming WCFs, wireless support structures, and other non-conforming structures subject to the provisions of this Section 23. (b) Collocation of Antennae is permitted on non-conforming structures. (c) Collocation of Non-Tower WCFs upon existing Tower-Based WCFs is encouraged even if the Tower-Based WCF is non-conforming as to use within a zoning district. (d) WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this Section 23. 19

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 5 23.4 Type of Activity Determination. The following provisions outline the types of wireless communication facility applications. 23.41 Eligible Facilities Request. The WCF Application Type is classified as an Eligible Facilities Request if the request for modification of an existing WCF that does not constitute a Substantial Change under 47 CFR §1.6100, as amended. The request may involve: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment. 23.42 Substantial Change Activity. The WCF Application Type is classified as a Substantial Change Activity if the modification substantially changes the physical dimensions of a wireless support structure by meeting any of the criteria set forth in 47 CFR §1.6100, as amended, relating to height of the support structure or addition of new appurtenances or equipment cabinets. 23.43 New Facility. The WCF Application Type is classified as a New Facility if it involves the construction and placement of a new wireless support structure and does not meet the definition of Small WCF. 23.44 Small WCF. The WCF Application Type is classified as a Small WCF if the proposed antennas, accessory equipment and support structure (whether an existing, replacement or new structure) comply with the volume and height parameters set forth in the definition of Small WCF. 23.5 Application Procedures. The following provisions outline the procedures for wireless communication facility applications. Policies and procedures for the administration of the WCF permitting and review process shall be developed by the City Manager and City Planner. 23.51 Location within Public Right-of-way. WCF Applicants proposing a WCF to be located within the public right-of-way, shall be required to obtain application approvals as follows: (a) Pole Attachment Process. Compliance with the procedures found in Dover Code Ordinances, Chapter 110 – Utilities, Section 110-32 Pole Attachment, for a WCF proposed for attachment to Dover Electric Department facilities. (b) Master license agreement required. Any WCF Applicant for a WCF proposed for attachment to a utility pole owned or controlled by the City of Dover Electric Department shall first enter into a valid Master License Agreement with the City authorizing such attachment. No WCF shall be permitted to be attached to such utility poles without proof a valid Master License Agreement being provided as part of the permit application. (c) Permit – Use of Rights-of-Way. Obtain a Right-of-Way Use Permit from the City in accordance with permit policies and procedures pursuant to Dover Code of Ordinances, Chapter 98 – Streets, Sidewalks, Storm Sewers and Other Public Spaces, for a WCF proposed with City rights-of-way. (d) Permit. Obtain a WCF Building Permit from the City in accordance with applicable permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – Building Permit of the City of Dover Code. 20

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 6 (e) Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 23 for the type of WCF. (f) Fee. Each application to be approved under this section shall be accompanied by fees as provided for in Appendix F – Fees and Fines. 23.52 Compliance with Zoning Ordinance. The following section of the zoning ordinance shall be adhered to, as applicable, in the approval of a WCF application: (a) Architectural Review Certificate. WCF located within the Historic District (H) shall be required to obtain an Architectural Review Certificate pursuant to Article 3, Section 21 and Article 10, Section 3 of this ordinance. (b) Airport environs. Locations within the Airport Environs Overlay Zone (AEOZ) shall document compliance pursuant to Article 3, Section 22 of this ordinance. (c) Environmentally sensitive areas. Location shall document compliance with the environmental protection measures for flood hazard areas and waterbodies and wetlands pursuant to Article 5, Section 11 of this ordinance. 23.53 Eligible Facilities Request. WCF Applicants proposing an Eligible Facilities Request shall be required to obtain application approvals as follows: (a) Type. WCF Applicant shall designate in writing that the application constitutes an Eligible Facilities Request pursuant to 47 CFR §1.6100 and as defined by this Section 23. (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – Building Permit of the City of Dover Code. (c) Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 23 for the type of WCF. (d) Fee. Each application to be approved under this section shall be accompanied by fees as provided for in Appendix F – Fees and Fines. 23.54 Substantial Change Activity. WCF Applicants proposing a Substantial Change Activity shall be required to obtain application approvals as follows: (a) Type. WCF Applicant shall designate in writing that the application constitutes a Substantial Change Activity as defined by this Section 23. (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – Building Permit of the City of Dover Code. (c) Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 23 based on the type of facility. (d) Fee. Each application to be approved under this section shall be accompanied by fees as provided for in Appendix F – Fees and Fines. 21

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 7 23.55 New Facilities. WCF Applicants proposing a New Facility located in a public right-of- way shall be subject to the provisions of Section 23.51. WCF Applicants proposing a New Facility meeting the definition of Tower-Based WCF outside of a public right-of- way of shall be required to obtain application approvals as follows: (a) Conditional use authorization required. Any WCF Applicant proposing the construction of a new facility shall first obtain conditional use authorization pursuant to Appendix B, Article 10 Section 1 of the Dover Code. (b) Documentation. The conditional use application shall demonstrate that the proposed WCF complies with all applicable provisions of Section 23 based on the type of facility. (c) Conditional use application requirements. The additional requirements for conditional use applications shall include the following: i. A description of the type and manufacturer of the proposed transmission/radio equipment, the power in watts at which the WCF Applicant transmits, and any relevant related tests conducted by the WCF Applicant in determining the need for the proposed site and installation. ii. Documentation demonstrating that the proposed Tower-Based WCF complies with all applicable state and federal laws and regulations concerning aviation safety. iii. Evidence that the owner of the property on which the Tower-Based WCF is proposed has granted authorization to construct and operate the Tower- Based WCF. iv. Written certification from a structural engineer licensed in the State of Delaware that the proposed WCF’s ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. v. An application for a new Tower-Based WCF shall demonstrate that the proposed Tower-Based WCF cannot be accommodated on an existing or approved structure or building. The Planning Commission may deny an application to construct a new Tower-Based WCF if the WCF Applicant has not made a good faith effort to mount the Antenna(s) on an existing structure. The WCF Applicant shall address the viability of any existing Wireless Support Structures within a one quarter (1/4) mile radius of the site proposed and demonstrate that such alternative candidates are inferior with respect to technical feasibility, cost, or terms of use. (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – Building Permit of the City of Dover Code. (c) Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 23 based on the type of WCF. (d) Fee. Each application to be approved under this section shall be accompanied by fees as provided for in Appendix F – Fees and Fines. 23.56 New Small WCF. WCF Applicants proposing a new Small WCF that does not qualify as an Eligible Facilities Request shall be required to obtain application approval as follows: 22

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 8 (a) Type. WCF Applicant shall designate in writing that the application constitutes a Small WCF as defined by this Section 23. (b) Permit. Obtain a WCF Building Permit from the City in accordance with applicable permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – Building Permit of the City of Dover Code. (c) Documentation. WCF application shall also be accompanied by documentation demonstrating that the proposed WCF complies with all applicable provisions of this Section 23 based on the type of facility. (d) Fee. Each application to be approved under this section shall be accompanied by fees as provided for in Appendix F – Fees and Fines. (e) New Wireless Support Structures. An application involving installation of a new Wireless Support Structure shall demonstrate that the proposed Small WCF cannot be reasonably accommodated on an existing or approved structure or building within the right-of-way. The WCF Applicant shall address the viability of any existing Wireless Support Structures within 100 feet of the site proposed and demonstrate that such alternative candidates are inferior with respect to technical feasibility, cost, or terms of use. 23.57 Timing of Approvals. Each specific type of WCF is subject to specific approval timeframes. Such timeframes shall be subject to the tolling procedures established by the FCC. (a) Small WCF: Timing of Approval for all Small WCF facilities that do not meet the definition of Eligible Facilities Request. Once a WCF application is submitted these are the approval time lines: i. Notification of Incomplete Applications for Small WCF. Within ten (10) days of receipt of an application for a Small WCF, the City shall notify the WCF Applicant in writing of any additional information required to complete application. ii. Approval Timeframe – Collocation. Within sixty (60) days of receipt of an application for a collocation of a Small WCF on a preexisting Wireless Support Structure, the City shall make a final decision on whether to approve the application and the City shall notify the WCF Applicant in writing of such decision. iii. Approval Timeframe – New Facility. Within ninety (90) days of receipt of an application for a Small WCF requiring the installation of a new Wireless Support Structure, the City Planning Department shall make a final decision on whether to approve the application and shall notify the WCF Applicant in writing of such decision. (b) Non-Tower WCF: Timing of Approval for all Non-Tower WCF facilities that do not meet the definition of Eligible Facilities Request. Once a WCF application is submitted these are the approval time lines: i. Notification of Incomplete Applications for Non-Tower WCF. Within thirty (30) days of receipt of an application for a WCF on a preexisting wireless support structure, the City shall notify the WCF Applicant in writing of any additional information required to complete application. 23

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 9 ii. Approval Timeframe – Substantial Change. Within ninety (90) days of receipt of an application for a Non-Tower WCF on a preexisting Wireless Support Structure that Substantially Changes the Wireless Support Structure to which it is attached, the City shall make a final decision on whether to approve the application and the City shall notify the WCF Applicant in writing of such decision. iii. Approval Timeframe – Not Substantial Change. Within sixty (60) days of receipt of an application for a Non-Tower WCF on a preexisting Wireless Support Structure that does not Substantially Change the Wireless Support Structure to which it is attached, the City Planning Department shall issue the required building permit authorizing construction of WCF. (c) Tower-Based WCF: Timing of Approval for all Tower-Based WCF facilities that do not meet the definition of Eligible Facilities Request. Once a WCF application is submitted these are the approval time lines: i. Notification of Incomplete Applications for Tower-Based WCF. Within thirty (30) days of receipt of an application for a Tower-Based WCF, the City shall notify the WCF Applicant in writing of any additional information required to complete application. ii. Approval Timeframe - All applications for Tower-Based WCFs shall be acted upon within one hundred fifty (150) days of the receipt of a fully completed application for the approval of such Tower-Based WCF and the City shall advise the WCF Applicant in writing of its decision. If additional information was requested by the City Planning Department to complete an application, the time required by the WCF Applicant to provide the information shall not be counted toward the one hundred fifty (150) day review period 23.58 Fees. Each application for permit or plan approval shall be accompanied by a fee as provided for in Appendix F – Fees and Fines. (a) Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City’s actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by Appendix F – Fees and Fines and shall comply with the applicable requirements of the FCC. (b) Reimbursement for WCF in Right-of-way. In addition to permit fees as described in this section, every Small WCF in the right-of-way is subject to the City’s right to recover its actual costs incurred as a result of the Small WCF’s presence in the right- of-way, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the City. The owner of each Small WCF shall reimburse the City for the City’s costs reasonably incurred in connection with the activities described above. All fees shall comply with applicable state and federal law and not exceed amounts presumed reasonable by the FCC. 24

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 10 23.6 Small Wireless Communication Facilities (Small WCF). The following regulations shall apply to all Small WCF and associated Wireless Support Structures as defined by this Section 23. (a) Location. i. Small WCF are permitted to be located in all City zoning districts subject to the application requirements of this Section 23. ii. Small WCF are subject to compliance with Zoning Ordinance provisions outlined in Section 23.52. iii. Small WCF are permitted to be located within the public right-of-way subject to application requirements of this Section 23. (b) Development Regulations. i. Sizing. To be considered as Small WCF, the WCF must comply with the criteria established in the definition of Small Wireless Communications Facility in Section 23.2. ii. Height. The total height of a Small WCF shall comply with the maximum height permitted in the zoning district of the property to the extent technically feasible. In accordance with industry standards, Small WCF Applicants must submit documentation to the City justifying the total height of the WCF. iii. Height. The total height of a Small WCF when located in the public right-of- way shall be no more than ten percent taller than the tallest existing utility pole or wireless support structure within a two hundred fifty (250) radius of the proposed WCF or fifty (50) feet above ground level, whichever is greater. iv. Placement. All Small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all applicable requirements pertaining to streets and sidewalks, as codified in Chapter 98 of the Dover Code. v. Placement. Small WCF in the public right-of-way requiring the installation of a new Wireless Support Structure shall not be located directly in front of any building entrance or exit such that it would interfere with ingress or egress. vi. Accessory equipment. Small WCF and Accessory Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City. (c) Design standards. All Small WCF shall be designed to meet applicable requirements of the City “Small Wireless Communications Facility Design Manual,” a copy of which is kept on file at the City Planning Department. 23.7 Non-Tower Wireless Communication Facilities (Non-Tower WCF). The following regulations shall apply to all Non-Tower WCFs as defined by this Section 23 and that do not meet the definition of a Small WCF. (a) Location. i. Non-Tower WCF are permitted to locate in all City zoning districts subject to the application requirements of this Section 23. ii. Non-Tower WCF are subject to compliance with Zoning Ordinance provisions outlined in Section 23.52. 25

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 11 iii. Non-Tower WCF are permitted to be located within the public right-of-way subject to application requirements of this Section 23. iv. Non-Tower WCF shall be collocated on existing wireless support structures, such as poles, certain existing buildings or Tower-Based WCF. v. Historic buildings. Non-Tower WCF may be located within one hundred (100) feet of any property, or on a building or structure that is listed on the National Register of Historic Places if an approved Architectural Review Certification is obtained pursuant to Article 10, Section 3 of this ordinance. (b) Prohibitions on certain structures. Non-Tower WCF shall not be located on one- family detached dwellings, one-family attached dwellings, semi-detached dwellings, duplexes, townhouses, manufactured homes, mobile homes, modular homes, or any residential accessory structure. (c) Development Regulations. i. Sizing. To be considered as Non-Tower WCF, the WCF must comply with the criteria established in the definition of Non-Tower Wireless Communications Facility in Section 23.2. ii. Height. The total height of a Non-Tower WCF shall not exceed the maximum height permitted in the zoning district. In accordance with industry standards, Non-Tower WCF Applicants must submit documentation to the City justifying the total height of the WCF. iii. Replacement of Existing Support Structure. The replacement of an existing support structure with a similar structure that is required to support the weight of the proposed WCF is allowed. iv. Accessory Equipment Buildings. If Accessory Equipment is to be located in a separate building, the building shall comply with the minimum requirements for accessory structure in the applicable zoning district. v. Fences. A security fence with a minimum height of six (6) feet and a maximum height of eight (8) feet shall surround any separate equipment compound located outside the right-of-way. vi. Access. Vehicular access to the accessory equipment building or equipment compound shall not interfere with the parking or vehicular circulations on the site for the principal use. (d) Design Standards. Where appropriate, Non-Tower WCF shall employ Stealth Technology and be treated to match the Wireless Support Structure in order to minimize aesthetic impact. The Stealth Technology utilized by the WCF Applicant shall be subject to the application approval process. 23.8 Tower-Based Wireless Communication Facilities (Tower-Based WCF). The following regulations shall apply to all Tower-Based WCFs as defined by this Section 23 and that do not meet the definition of a Small WCF. (a) Conditional uses. Tower-Based WCF are permitted outside the public Rights-of-Way in certain zoning districts upon conditional use approval of the Planning Commission in accordance with the procedures and subject to the general conditions set forth in Article 10 Section 1 of this ordinance. 26

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 12 i. In approving the conditional use, the Planning Commission may take into consideration the following: a. the aesthetic impact of the proposed facility, including but not limited to whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; b. encourage compatibility with the character and type of development existing in the area; c. prevent a negative impact on the aesthetic character of the community; d. preserve woodlands and trees existing at the site to the greatest possible extent; and e. encourage sound engineering and land development design and construction principles, practices and techniques. ii. Additional antennae. As a condition of approval for all Tower-Based WCF, the WCF Applicant shall provide with a written commitment that it will allow a minimum of two (2) other service providers the opportunity to Collocate Antennae on Tower-Based WCF where technically feasible. (b) Location. i. Tower-Based WCF are conditionally permitted to locate in the nonresidential zones. Nonresidential zones are defined in Article 12 – Definitions of this ordinance. ii. Exception. Tower-Based WCF in the IPM3 (Industrial Park Manufacturing Zone – Industrial Aviation and Aeronautics Center) zoning district are only allowed in support of aviation, aeronautics, or related operation per Article 3, Section 20B of the ordinance. iii. Tower-Based WCF are subject to the application requirements of this Section 23. iv. Tower-Based WCF are subject to compliance with zoning ordinance provisions outlined in Section 23.52. v. Historic places. Tower-Based WCF may be located within one hundred (100) feet of any building or structure that is listed on the National Register of Historic Places if an approved Architectural Review Certification is obtained pursuant to Article 10, Section 3 of this ordinance. (c) Uses on Property. i. Principal use. A Tower-Based WCF shall be permitted as a sole principal use on a lot. ii. Combined with another use. A Tower-Based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another permitted use. iii. Existing uses. The existing use on the property may be any permitted use in the applicable zoning district and need not be affiliated with the WCF. iv. Ability to use. Where applicable, the WCF owner shall present documentation that the property owner has granted an easement or other property right for the proposed facility. 27

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 13 (d) Development Regulations. i. Minimum lot area. The minimum lot area shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the Tower-Based WCF and guy wires, the equipment building, security fence, and buffer planting. ii. Height. Tower-Based WCFs shall be designed and kept at the minimum functional height. The maximum total height of a Tower-Based WCF shall not exceed the one hundred fifty (150) feet. No WCF Applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. iii. Minimum setbacks. The minimum distance between the base of a Tower-Based WCF and any property line or street Right-of-Way line shall equal 110% of the proposed height of the Tower-Based WCF, unless the WCF Applicant shows to the satisfaction of the Planning Commission that the proposed Tower-Based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety. (e) Design Standards. i. Multiple Antennae. Any proposed Tower-Based WCF shall be designed structurally to accommodate both the WCF Applicant's Antennae and at least two (2) comparable Antennae for future users. ii. Security. Any Tower-Based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer. iii. Lighting. No Tower-Based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF Applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. iv. Surrounding environs. Existing vegetation, trees and shrubs located within proximity to the Tower-Based WCF structure shall be preserved to the maximum extent possible. v. Fences. A security fence having a minimum height of six (6) feet and a maximum height of eight (8) feet shall surround any Tower-Based WCF, as well as guy wires, equipment compound or housing WCF equipment. vi. Screening. A screen of evergreen trees planted eight (8) feet on center, each at least four (4) feet in height, shall surround the Tower-Based WCF and security fence. Existing vegetation shall be preserved to the maximum extent possible and landscaping is not required where landscaping already exists vii. Accessory equipment. Where feasible, Accessory Equipment associated, or connected, with a Tower-Based WCF shall be placed underground. Any above- ground Accessory Equipment associated or connected with a Tower-Based WCF shall be screened from public view using Stealth Technology. All ground-mounted Accessory Equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated. viii. Accessory equipment buildings. If Accessory Equipment is to be located in a separate building, the building shall comply with the minimum requirements for accessory structures in the applicable zoning district. 28

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 14 ix. Accessory equipment. Accessory Equipment not exceeding five hundred (500) square feet in area shall be permitted for each unrelated company sharing space on the Tower-Based WCF. x. Access road. Where necessary, an access road, turnaround space and parking shall be provided to ensure adequate Emergency and service access to Tower- Based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. xi. Visual Appearance. Tower-Based WCF shall employ Stealth Technology which may include painting or finish of the tower portion. All Tower-Based WCF and Accessory Equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. 23.9 General Requirements for Wireless Communication Facilities. The following shall apply to all types of wireless communication facilities. Each application for a WCF shall require proof of compliance with the following. 23.91 Standards for Wireless Communication Facilities. (a) Wind and ice. Each WCF 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. (b) Aviation safety. WCF shall comply with all federal and state laws and regulations concerning aviation safety. (c) Interference. WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services by occupants of nearby properties. (d) Radio frequency emissions. WCF shall not, by itself or in conjunction with other WCFs existing on the same structure at the time of installation, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. (e) Signage. WCF owners shall post a sign in a readily visible location identifying the name, phone number of a party to contact in the event of an Emergency, and permit number. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency. (f) Noise. WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in Emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only. (g) Engineer seal and signature. All plans and drawings for a WCF shall contain a seal and signature of a professional structural engineer, licensed in the State of Delaware. 29

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 15 (h) FCC license. Each Person that owns or operates a Tower-Based WCF shall submit a copy of its current FCC license, including the name, address, and Emergency telephone number for the operator of the facility. 23.92 Maintenance and Care of Wireless Communications Facilities. (a) Standard of care. Any WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, National Association of Tower Erectors, or to the industry standard applicable to the structure. (b) Maintenance. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or damage any property in the City. Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the City’s residents and utilize industry standard technology for preventing failures and accidents. The following maintenance requirements shall apply: i. The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or Emergency repair. ii. Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations. iii. All maintenance activities shall conform to industry maintenance standards. (c) Lighting. The WCF Applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City. (d) Graffiti. Any graffiti on the WCF or on any Accessory Equipment shall be removed at the sole expense of the owner within thirty (30) days of notification by the City. 23.93 Inspection of Wireless Communication Facilities. The City reserves the right to inspect any WCF to ensure compliance with the provisions of the Appendix B: Zoning and any other provisions found within the City Code or state or federal law. The City and/or its agents shall have the authority to enter the lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance. 23.94 Construction and Repairs in the Right-of-way. (a) Work in Right-of-Way. The City of Dover Electric Department and the City of Dover Public Works Department, in consultation with the City Planning Department, shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. All construction, maintenance, repair and/or removal of Small WCF shall comply with the applicable requirements of the City code. (b) Pole Repairs. In the event of damage to a Small WCF attached to a utility pole owned or controlled by the City of Dover Electric Department, the owner of the Small WCF shall be solely responsible for all costs associated with the repair of the Small WCF, unless such damage was caused by the City’s own negligence or willful misconduct. 30

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 16 (c) Repairs of City property. In the event of damage to City property during installation of any WCF, including utility poles, streets, sidewalks, streetlights, signs, or other infrastructure, the company responsible for the damage shall make repairs accepted by the City or shall reimburse the City for the cost of such repairs. (d) Change or Alteration Required. Within ninety (90) days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a Small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable Public Utility Commission regulations, determines that such removal, relocation, change or alteration is reasonably necessary under the following circumstances: i. The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way; ii. The operations of the City or other governmental entity in the Right-of- Way; iii. Vacation of a street or road or the release of a utility easement; or iv. An Emergency as determined by the City. In such cases the City will make reasonable efforts to assist the WCF owner in identifying and permitting an alternate location for the WCF. 23.95 Removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued and removed. Unused or abandoned WCF, or portions of WCF, shall be removed as follows: (a) Complete removal of the structure of a Tower-Based WCF shall require a Demolition Permit in accordance with permit policies and procedures pursuant to Appendix B, Article 8, Section 1 – Building Permit. (b) Any unused portions of Tower-Based WCF, including Antennae, shall be removed within ninety (90) days of the time of cessation of operations. All Replacements of portions of a Tower-Based WCF previously removed are subject to the provisions of this Section 23. (c) All used or abandoned WCFs and Accessory Equipment shall be removed from the wireless support structure within ninety (90) days of the cessation of operations at the site unless a time extension is approved by the City. (d) If the WCF or Accessory Equipment is not removed from the wireless support structure within ninety (90) days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF. BE IT FURTHER ORDAINED: That Appendix B – Zoning, Article 12 – Definitions of the Dover Code, be amended by inserting the following in correct alphabetical order: 31

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 17 Antenna: An apparatus designed for the purpose of emitting radiofrequency (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. Wireless Communications Facility (WCF). An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. BE IT FURTHER ORDAINED: That Appendix B – Zoning, Article 3 Section 20B – Industrial park manufacturing zone – Industrial aviation and aeronautics center (IPM3) of the Dover Code, be amended to read as follows: 20B.1 Uses permitted. In an IPM3 zone, no building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following, and in accordance with performance standards review procedure as set forth in article 5 sections 8.2 and 8.6, and subject to site development plan approval as set forth in article 10, section 2: 20B.11 Airports, spaceports, and related facilities, including passenger terminals, cargo facilities, hangars, refueling operations, parking facilities and other uses integral to airport or spaceport operations. 20B.12 Commercial or industrial uses that are related to aviation or aeronautics and/or require direct access to an airport, spaceport, or aviation/aeronautics services, including assembly or sale of aircraft or spacecraft, air frames, aircraft or spacecraft engines, associated parts and components, radios or navigational equipment, and similar products or services. 20B.13 Public and institutional uses that support the aviation or aeronautics industries such as aviation or aeronautics technical schools, security services, and inspection facilities. 20B.14 Bulk storage of fuel, lubricants, fire suppression and other materials integral to design, construction, testing, maintenance, or operation of aircraft or spacecraft. 20B.15 Printing, publishing, binding, packaging, storage, warehousing, and transshipment and distribution. 20B.16 Business, professional, or administrative offices.20B.17 Radio or television broadcasting towers, telecommunications towers, antenna arrays, and receiving satellite dishes that support aviation, aeronautics, or related operations. 32

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 18 20B.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1. The application for conditional use shall clearly demonstrate the relationship of the proposed use to an existing or proposed airport or spaceport. 20B.21 Service establishments such as auto rental and travel agencies, commercial parking lots and garages, automobile service stations, car washes, banks, gift shops, newsstands, bookstores, restaurants, bars, medical offices, postal facilities, laundry services, and similar facilities available to airport or spaceport users and employees. 20B.22 Radio or television broadcasting towers, tower based wireless communications facilities, antenna arrays, and receiving satellite dishes that support aviation, aeronautics, or related operations. BE IT FURTHER ORDAINED: That Appendix B – Zoning, Article 5 Section 21 – Public utility infrastructure of the Dover Code, be amended to read as follows: Section 21. - Public utility infrastructure. Public utility infrastructure shall be permitted in all zones and generally exempt from the requirements of Article 4—Zoning Bulk and Parking Regulations, except as provided in this section. 21.1 Setback. The minimum setback for public utility structures shall be equal to the setback of the zone in which the structure is located. 21.2 Fences. Fences shall be limited to a maximum height of eight feet above ground. 21.3 Site development plan required. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and related accessory structures. 21.4 Exceptions. 21.41 Electric power generation facilities shall be subject to all zoning requirements. 21.42 Wireless communication facilities as defined in Article 5 Section 23 shall not be considered public utility infrastructure under the provisions of this subsection and shall be subject to the provisions of Article 5 Section 23. BE IT FURTHER ORDAINED: That Chapter 98 – Street, Sidewalks, Storm Sewers and Other Public Places of the Dover Code, be amended by inserting a new Section 98-11 Placement of wireless communications facilities within rights-of-way. 33

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 19 Sec. 98-11. – Placement of wireless communications facilities within rights-of-way. (a) Applicability. The provisions of this section shall apply to the use of rights-of-way as dedicated to the city or as otherwise maintained by the city. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Wireless Communications Facility (WCF). An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. Wireless Support Structure. A freestanding structure, pole, tower, or other building, whether or not it has an existing antenna facility, that is used or to be used to support the placement or installation of a wireless communication facility for the provision of wireless service (whether on its own or comingled with other types of services). (c) Uses of Rights-of-way Permit required. It shall be unlawful for any person to construct, erect or affix any wireless support structure within or that encroaches upon any right- of-way owned or maintained by the city, unless and until such use of the right-of-way shall have been approved. A Rights-of-Way Use Permit shall be obtained from the city manager or their designee. (1) Permit Fees. Each application for permit shall be accompanied by a fee as provided for in Appendix F – Fees and Fines. (2) Annual Fee for Rights-of-Way Use. Each wireless support structure not owned or maintained by the city located within or that encroaches upon any right-of-way owned or maintained city shall be subject to an annual fee as provided for in Appendix F – Fees and Fines. (d) Approval required. Construction, erection or placement any wireless communication facility or wireless support structure within or encroaches upon any right-of-way owned or maintained by the city shall be in accordance with the provisions of Appendix B – Zoning, Article 5 Section 23. BE IT FURTHER ORDAINED: That Appendix F – Fees and Fines of the Dover Code, be amended by inserting new sections, as follows: Chapter 98. – Streets, Sidewalks and Other Public Places Chapter 98. Streets, Sidewalks and Other Public Fees and Fines Places Article I. In General 34

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 20 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 $220 for WCF placement on a third party/non-City wireless support structure/pole in City ROW Chapter 110. – Utilities 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 Appendix B. Zoning 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 35

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 21 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 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 BE IT FURTHER ORDAINED: That this Ordinance shall become effective immediately upon adoption. ADOPTED: November 9, 2020 I:\DAC\2020 Applications\10 October 2020\MI-20-06 Text Amendments Wireless Communications Facilities\ADOPTED Ordinance #2020-13 Wireless Communications Facilities 11-9-2020 Clean Version.docx SYNOPSIS 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. (Sponsors: Hugg and City Manager’s Office) Actions History: 2/11/2020 – Update on Provisions and Development of Ordinance: Wireless Communication Facilities at Council Committee of the Whole – Utility Committee. Referred to Staff for continued work. 36

Item 5. Adopted Ordinance #2020-13 – Wireless Communications Facilities Page 22 7/14/2020 – Update and Presentation of Preliminary Draft Wireless Communications Facilities (WCF) Ordinance Version 1A – Planning 7-8-2020 at Council Committee of the Whole – Utility Committee. Referred to Staff for continued work. 9/15/2020 – Update and Presentation of Draft Wireless Communications Facilities (WCF) Ordinance Version 2 – Planning 9-9-2020 at Council Committee of the Whole – Utility Committee. Recommend Staff complete refinements and refer to City Council for First Reading and setting of Public Hearing dates. 9/28/2020 – First Reading at City Council 10/19/2020 – Public Hearing and Review for Recommendation by Planning Commission 11/9/2020 – Public Hearing and Final Reading & Action at City Council 11/9/2020 – Adopted by City Council 37

Item 5. FINAL DRAFT CITY OF DOVER, DELAWARE SMALL WIRELESS COMMUNICATIONS FACILITY (Small WCF) DESIGN MANUAL This Small Wireless Communications Facility Design Manual (Small WCF Design Manual) is part of the City of Dover Wireless Communication Facilities provisions as found in the Dover Code of Ordinances, Appendix B – Zoning, Article 5 – Supplemental Regulations, Section 23 and other referenced sections. The City’s Wireless Communications Facilities provisions were adopted as Ordinance #2020-13 by action of the City Council on November 9, 2020 following recommendation of the City of Dover Planning Commission (October 19, 2020). The Small WCF Design Manual addresses the applicable design standards and the process for application and review by the City of Dover for Small Wireless Communications Facility applications. Small Wireless Communications Facilities have a specific definition and are governed by the Dover Code of Ordinances and the Zoning Ordinance, Article 5 Section 23 which outlines development regulations and application review procedures. This Small WCF Design Manual is specifically referenced in Zoning Ordinance, Article 5 Section 23.6(c) as the source for the Design Standards for Small Wireless Communications Facilities. The installation of Small WCFs are subject to applicable Review Processes and Fees for Permits, Applications, Pole Attachment provisions, and Annual Right-of-Way Usage. A Wireless Communications Facility Building Permit (WCF Building Permit) is required for all proposed Small Wireless Communications Facility activities whether involving modifications to existing facilities or involving an attachment to an existing utility pole or similar support structure or a new location for a Small Wireless Communications Facility. Review of Small Wireless Communications Facilities proposals is an administrative review process subject to the adopted Code regulations and this Small WCF Design Manual. DESIGN STANDARDS for SMALL WIRELESS COMMUNICATION FACILITIES SECTION I. DEFINITIONS The adopted Wireless Communications Facilities Ordinance (Zoning Ordinance, Article 5 Section 23) includes a series of definitions. For assistance in using the Small WCF Design Manual, the following terms are defined as follows: FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 1 of 13 38

Item 5. 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 communications facility, lighting, or municipal attachments (informational or directional signage, temporary holiday/event attachments as banners or decorations, etc.) have been placed or are permitted to be placed. 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 Communications Facility (Small WCF) - 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 FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 2 of 13 39

Item 5. (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 Dover Code of Ordinances. The Section 110-31 incorporates the “Electric Service Handbook” by reference. 9. Wireless Communications Facility (WCF) - An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. 10. Wireless Support Structure - A freestanding structure, pole, tower, or other building, whether or not it has an existing antenna facility, that is used or to be used to support the placement or installation of a wireless communication facility for the provision of wireless service (whether on its own or comingled with other types of services). SECTION II. GENERAL DESIGN STANDARDS FOR SMALL WIRELESS COMMUNICATIONS FACILITIES Small Wireless Communications Facilities (Small WCF) are governed by the regulations found in Zoning Ordinance, Article 5 Section 23.6. Small WCF may be located within the public rights-of- way or on other property in all zoning districts. In addition to the Location and Development Regulations found within the Code, the following Design Standards are presented. 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 general 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 six (6) feet above the secondary conductors. Installation FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 3 of 13 40

Item 5. above primary conductors is prohibited. Installation on transmission voltage poles is prohibited. 3. Small Wireless Communications Facilities may be considered for placement on an existing Decorative Pole when 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 or the addition of a Decorative Pole may be used if accepted by the City Manager or their designee. 4. The viability of any existing wireless support structures within 100 feet of the proposed Small Wireless Communications Facility location shall be evaluated. The Applicant must demonstrate that the alternative candidates are inferior with respect to technical facility, cost, or terms of use prior to a new wireless support structure being authorized. 5. Small Wireless Communications Facility locations must comply with applicable provisions set forth in Zoning Ordinance, Article 5 Section 23.52 for the Wireless Communications Facilities as related to Historic Districts, Airport Environs Overlay Zone (AEOZ), and Environmentally Sensitive Areas. 6. Small Wireless Communications Facilities shall comply with the maximum height permitted in the zoning district to the extent technically feasible. 7. Small Wireless Communications Facilities shall be designed and constructed to minimize aesthetic impact on the surrounding neighborhood in accordance with this Small WCF Design Manual to the extent technically feasible. 8. Stealth technology methods to camouflage or screen shall be utilized to render Small Wireless Communications Facilities more visually appealing or to blend the proposed facility into its wireless support structure and/or the visual backdrop of the placement. Methods should be appropriate to the site’s context and surrounding environment. 9. Small Wireless Communications Facility shall not extend beyond the boundaries of the rights-of-way unless approved on a case-by-case basis by the City Manager or their designee. 10. The wireless support structure and related equipment of the Small Wireless Communications Facility shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner that obstructs, impedes or hinders the usual travel or public safety. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 4 of 13 41

Item 5. 11. Small Wireless Communications Facilities shall comply with applicable federal and state standards regarding pedestrian access and movement. 12. Small Wireless Communications Facilities shall comply, to the extent consistent with applicable state and federal law, 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 the Dover Code of Ordinances, Chapter 98. 13. Small Wireless Communications Facilities shall be installed and maintained in compliance with the National Electric Safety Code and the National Electrical Code, as applicable. 14. 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. 15. 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 breakaway steel screw in foundation. This foundation type is not required for third party pole installations. SECTION III. ANTENNA AND ACCESSORY EQUIPMENT STANDARDS The following standards are presented for Antenna, Accessary Equipment, and Wiring as associated with Small Wireless Communications Facilities. 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 pole as technically feasible. Location must be a minimum of six (6) feet above secondary conductors on a utility pole. c. All Antennas shall be of a design, style, and color that reasonably matches the 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; and a minimum clearance of six (6) feet above secondary 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, Antenna shall not impair the function of said structure. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 5 of 13 42

Item 5. 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 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 pole, or as near flush to the side of a 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 Small WCF equipment, the pole will be positioned to allow a minimum of three (3) feet clearance to allow access to the meter. e. Accessory Equipment and its attachment hardware (i.e. banding, straps) shall be of a color that reasonably matches the pole or wireless support structure 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. 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 reviewed as part of the WCF Building Permit process. 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. Accessory Equipment shall not feature any lighting, including flashing indicator lights, unless required by state or federal law. 3. Wiring Standards a. Exposed wiring is prohibited on any Small Wireless Communications Facility, Accessory Equipment or Accessory Equipment enclosure. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 6 of 13 43

Item 5. b. Transmission, fiber, power cables and any other wiring shall be contained within any pole for which such concealment is technically feasible. If wiring cannot be contained within the pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the pole. c. Any conduit or U-guard shall be of a color that reasonably matches the pole to which the Small Wireless Communications Facility is attached. d. All wiring shall be installed without excessive slack or extra cable storage on the pole. Loops or coils of extra wiring shall not be attached to or otherwise visibly stored on any pole. e. Service lines must be undergrounded whenever feasible to avoid additional overhead lines. SECTION IV. POLE STANDARDS The following standards are presented for the types of Poles as wireless support structures for Small Wireless Communications Facilities. 1. Replacement Utility Poles. a. Any replacement utility poles utilized as wireless support structures 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 unless otherwise authorized by owner. 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. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 7 of 13 44

Item 5. v. Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures including their alignment to the extent possible. b. Replacement of any City owned utility pole shall additionally 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 breakaway 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. iii. Replaced City owned poles will be capable of supporting davit arms for lights. If the original arm cannot be installed on the new pole, a new arm will be provided by the applicant. 2. New Small WCF Poles a. The maximum height of any new Small Wireless Communications Facility pole when located in the public right-of-way shall be: 1) no more than ten (10%) percent taller than the tallest existing utility or wireless support structure 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 including their alignment to the extent possible. c. New poles shall be of the same or similar material and color of existing adjacent structures. d. To the extent technically feasible, a new Small WCF pole shall not 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 in any portion of the City where all utility installations are required to be installed underground on a non-discriminatory basis FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 8 of 13 45

Item 5. pursuant to Dover Code of Ordinances, Section 110-31 unless not technically feasible. b. Decorative Poles shall be required for the replacement of any existing Decorative Pole. c. For any replacement Decorative Pole, the new Decorative Pole shall match the existing Decorative Pole in shape, design, color, and material. d. Replacement Decorative Poles shall also comply with the requirements of replacement utility poles found in Section IV, Item 1 of this Small WCF Design Manual. SECTION V. REVIEW AND APPROVAL There are review and approval processes established for Small Wireless Communications Facilities as part of the adopted Wireless Communications Facilities provisions. A Wireless Communications Facility Building Permit (WCF Building Permit) is required for all proposed Small Wireless Communications Facility activities whether involving modifications to existing facilities or involving an attachment to an existing utility pole or similar support structure or a new location for a Small Wireless Communications Facility. An Application for Wireless Communications Facility Building Permit shall be submitted on the proper form with accompanying documentation to the City of Dover, Delaware Department of Planning & Inspections prior to initiation of any construction or installation. The Department will coordinate an administrative review for proposals under the adopted Code regulations and this Small WCF Design Manual. The following is a summary of the review and approval process for Small Wireless Communications Facilities. 1. Consultation a. Applicants are encouraged to become familiar with the regulations and application review procedures for Wireless Communications Facilities for the City of Dover, Delaware. b. The applicant may choose to participate in a pre-application consultation meeting with City Planner or their designee in order to discuss any location, aesthetic or safety concerns of the City with respect to the proposed Small WCF. c. 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. 2. Application Submission a. A Wireless Communications Facilities Building Permit package consisting of the WCF Building Permit Application Form, documentation materials, and Fees are to be submitted to the Department of Planning & Inspections. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 9 of 13 46

Item 5. b. The City Planner shall create a Checklist to be used to determine the requirements for submittal of a “Complete Permit Application.” A Sample Checklist is attached. c. The minimum information required for the WCF Building Permit includes the following: i. Name and address of applicant, including contact person information (phone, email, and mailing address). ii. Address of the proposed Small WCF which may be street address, parcel number, or other definitive location as may be relevant to the location. iii. Physical geographic coordinates (latitude and longitude) iv. Design and construction details presented in plans and drawings d. For Small WCF installations within City rights-of-way, a Rights-of-way Use Permit with Fee is required. e. For Small WCF installations on City-owned support structures (poles), submission of proof of valid Master License Agreement is required. f. For Small WCF installations on wireless support structures owned by other non- City entities, proof of authorization from the owner is required. 3. Application Review a. The City Planner shall reasonably determine whether a proposed Small Wireless Communications Facility design complies with the requirements of the Small WCF Design Manual and Code regulations. b. The City Planner shall coordinate the review of Application Submission by the appropriate City Departments including the City Manager, the Dover Electric Department, the City Public Works Department, and the City Department of Planning & Inspections. The City Planner shall advise the applicant of any findings or recommendations from the review. c. 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. d. A WCF Building Permit will not be issued until a Rights-of-Way Use Permit and/or City of Dover Pole Agreement/Master License Agreement are approved and in place if required for the Small Wireless Communications Facility. e. The review and the resulting approval or denial of the WCF Building Permit shall be provided in writing to the applicant. The WCF Building Permit may be issued by paper copy or authorized electronic copy. 4. Waivers of Small WCF Design Manual a. Any requests for a waiver of the requirements of this Small WCF Design Manual shall be considered on a case-by-case basis by the City Planner. The waiver request shall be approved upon a determination that such waiver 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. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 10 of 13 47

Item 5. b. Upon approval of a design for a Small Wireless Communications Facility requiring a waiver from the requirements of this Small WCF Design Manual, such design shall be incorporated by reference into this Design Manual as a Prior Approved Design. c. A record of Prior Approved Designs shall be kept on file at the City Department of Planning and Inspections Office. SECTION VI. APPROVAL TIMING Approval timing for Permits and Applications shall be as set forth in Section 23.57 of the City of Dover Wireless Communications Facilities regulations (Dover Code of Ordinances, Appendix B- Zoning, Article 5, Section 23 and referenced sections). The specific approval timeframes are also subject to the tolling procedures established by the Federal Communications Commissions (FCC). SECTION VII. AMENDMENT OF DESIGN MANUAL This Small Wireless Communications Facility Design Manual may be amended as necessary to comply with adopted regulations for Wireless Communications Facilities, the Dover Code of Ordinances, and other related regulations and policies established by the City affecting this activity. A copy of the current Small WCF Design Manual shall be available from the Department of Planning & Inspections. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 11 of 13 48

Item 5. DRAFT 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 (Small WCF): Item Description Included in Application? Yes No WCF Building • Complete Wireless Communications Facility Permit Form Building Permit Application form for each proposed Small WCF installation. Cover Letter • The Application shall include a cover letter detailing the location of the proposed Small WCF site, summary of equipment being proposed, and a certification that the applicant has included all information required by the City Code. Plan & • Plan and drawings shall show existing wireless Drawings support structure to be utilized or the proposed wireless support structure and equipment associated with the Small WCF. • 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 existing pole supports existing attachments, the site plan shall show the location and dimensions of all such attachments. • If installation of a new utility pole or decorative pole is being proposed, the site plan shall include the color, dimensions, material and type of pole proposed. • The site plan shall show the location of any existing wireless support structures within one hundred (100) feet of the proposed Small WCF location, including but not limited to structures, commercial structures, light poles, traffic signals, traffic signage, and existing poles. • The plan and drawings shall show location and information of existing utility poles within two hundred fifty (250) feet radius of the proposed Small WCF location. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 12 of 13 49

Item 5. Item Description Included in Application? Yes No Volume • Provide dimensions and volume calculations of Calculations each Antenna. • Provide dimensions and volume calculations of Accessory Equipment. Photo • Photo simulations shall depict the Small WCF from Simulations at least two locations near the proposed site. • The photo simulations should reflect the proposed design and location of all Antenna and Accessory Equipment associated with the Small WCF. Material & • Information on material and color of Wireless Color Support Structure and Accessory Equipment to match mounting location. • Information on methods employed to achieve aesthetic uniformity of the site. Wiring • All proposed wires associated with the Small WCF shall be clearly shown. • A depiction and description of the concealment methods to be utilized for the wiring shall be included. 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 • Copy of Rights-of-Way Use Permit for Small WCF Placement location, if required. • Information to demonstrate that line of sight and paths of travel are not impaired. Authorizations • Submit documentation of a valid Master License Agreement for Pole Attachments to City owned poles. • Submit documentation of authorization to attach to non-City owned support structures. FINAL DRAFT City of Dover, DE Small WCF Design Manual 11-10-2020 Page 13 of 13 50

Item 6. BY-LAWS OF THE HISTORIC DISTRICT COMMISSION OF CITY OF DOVER --------------------------------------- OBJECTIVES Section 1. The objectives and purposes of the Historic District Commission of the City of Dover, Delaware, are those set forth in Dover Code, Appendix B, Article 10, Section 3, and amendments and supplements, thereto, and those powers and duties delegated to the Historic District Commission by the City Council of the City of Dover pursuant to such statute. POWERS. DUTIES AND PROCEDURES Section 2. The duties, powers and procedures of the Historic District Commission are as set forth in the following documents: (a) The Ordinance adopted by the City Council establishing such Historic District Commission; (b) The building Zone Ordinance as to matters relating to the Architectural Plan Review Certification process, the designation of Historic District boundaries, historic preservation and the establishment of standards and guidelines for preservation and conservation of Historic District zones. OFFTCERS Section 3.1 The officers of the Historic District Commission shall consist of a Chairman and a Vice-Chairman. 51

Item 6. Section 3.2 The Chairman shall preside at the meetings and hearings of the Historic District Commission and shall have the duties usually conferred upon a presiding officer. He shall continue to exercise the prerogatives of an individual member of the Commission while performing the duties of presiding officer. Section 3.3 The Vice Chairman shall be the presiding officer in the absence of the Chairman. RECORDING AND CORRESPONDING SECRETARY Section 4. The Commission shall appoint a Secretary who shall not be a member of the Historic District Commission or an officer, and shall have the following duties and responsibilities: (a) Prepare agenda for all meetings with the Chairman and provide notice of meetings to Commission members. (b) Keep minutes of all meetings, and records of the Commission. (c) Act as agent for the Commission in receiving submissions, applications, correspondence, etc. (d) Act as agent for the Commission in arranging for notice of public hearings and notifying interested parties of Commission actions as authorized by the Commission. OFFICIAL RECORDS Section 5. The City Clerk shall be the official custodian of the records of the Historic District Commission and shall make them available to the public as provided by law. The City Clerk may designate the office of the Secretary of the Commission or the Planning Office as the place where such records shall be kept. 52

Item 6. ELECTIONS OF OFFICERS Section 6.1 The officers shall be elected by the Historic District Commission at the annual organization meeting which shall be the regular scheduled meeting in November of each year. Section 6.2 A candidate receiving a majority vote of the entire membership of the Historic District Commission shall be declared elected and shall serve for one year or until his or her successor shall take office. Section 6.3 Vacancies in offices shall be filled by the Historic District Commission at any scheduled or special meeting. Section 6.4 The Chairman and Vice-Chairman may serve two appointed terms. (Six Years). MEETINGS Section 7.1 The Historic District Commission shall hold one regular public meeting during each calendar month. The Chairman may cancel a regular meeting upon determination that there is no pending business or new application for Architectural Review Certificates; however at a minimum the Commission shall meeting quarterly. Section 7.2 The monthly meeting date for the coming year shall be established by a majority of the Commission at its organization meeting of the year. The date of the public meeting can be changed during the year by a majority of the Commission. Section 7.3 The Commission will consider all applications concerning matters within its jurisdiction only at its public meetings. All items to be submitted for consideration at any public meeting shall be submitted in complete form for Commission consideration not less than thirty days prior to said meeting. No items submitted subsequent to this time shall be placed upon the Agenda except by a majority vote of the Commission members present at such meeting. The 53

Item 6. official date of receipt of any matter presented to the Commission shall be the date of the first public meeting at which such matter is received for consideration. Any maximum time periods established by the Zoning Ordinance or other local laws limiting the time for consideration of any matter by the Historic District Commission shall commence on such date of receipt. Section 7.4 A majority of the membership of the Commission shall constitute a quorum. The Commission may act on any matter by a majority vote of such quorum. Section 7.5 All formal votes to record the decision of the Commission on any matter referred to it shall be taken only by a quorum at a public meeting. By a majority vote of those members present the Commission may convene in executive session. However, all formal votes to record the Commission's decision shall only be taken during periods in which such meetings are open to the public. Section 7.6 Special meeting may be called by the Chairman or by a majority of the Commission, providing not less than 24 hours notice by writing or telephone is given to eachmember of the Commission. Such meetings shall be executive sessions at which no formal votes shall be taken. Section 7.7 All public and special meetings shall be held in the City Hall or other public facility with proper public notification. AGENDA Section 8. The Secretary shall prepare the proposed Agenda for each public meeting, with the Chairman not less than ten days prior to the date of such meeting, and shall transmit a copy of such Agenda to each Commission member on such date of preparation. No items will appear on such proposed Agenda except those for which applications or written requests have been received not less than thirty days prior to the date of the public monthly meeting as set forth in 54

Item 6. Section 7 above. The Commission may amend the proposed Agenda by a majority vote of those members present. Section 9.1 The order of business at public meetings shall be a follows: (a) Roll Call. (b) Adoption of Minutes of previous meetings. (c) Approval of Agenda (d) Communications (e) Report of Officers and Committees (f) Old Business (g) New Business (h) Referrals, Administrative Reviews, Petitions, Applications and Other Matters presented by the public. Section 9.2 The order of business at special meetings shall be as determined by theCommission. Section 9.3 At all meetings and hearings attended by the public, the Chairman shall make a brief statement indicating the nature of each item on the Agenda, except that in the case of petitions, applications and other matters presented by the public, such statement shall be made by the person introducing the matter. Section 9.4 Minutes of all public and special meetings of the Commission shall form part of the records of the Commission and shall be available to the public when duly adopted by the Commission. COMMITEES Section 10.1 The Chairman may appoint special subcommittees of the Commission from time to time as needed to investigate or research certain matters pertaining to the Historic District 55

Item 6. Commission. Such subcommittees shall consist of at least one member of the Commission and may also consist of members of the general public. All members shall serve at the pleasure of the chairman. PUBLIC HEARINGS Section 11 The Commission shall hold public hearings as required by statute and applicable Ordinances of the City and the State of Delaware. In addition to those required by law, the Historic District Commission may at its discretion hold public hearing when it considers that such hearings will be in the public interest. CONFLICT OF INTEREST Section 12 No member shall vote on any Architectural Review Certificate application where They have a conflict of interest. A conflict of interest shall at a minimum be any vested interest by a member or a member's immediate family in a project being reviewed by the Commission or ownership in property by a member or a member's immediate family that is within 200 feet of a project being reviewed. AMENDMENTS Section 13 These By-Laws may be amended at any time by a majority vote of the entire membership of the Historic District Commission. Original Version (retyped 1.9.2004) 56

Item 7. CITY OF DOVER HISTORIC DISTRICT COMMISSION DRAFT 11-12-2021 Schedule of application deadlines and Historic District Commission meeting dates for the year of 2021. The submittal procedures for the Historic District Commission are outlined in Zoning Ordinance, Article 10, Section 3.2. Prior to application submission a Pre-Application Meeting with Planning Staff is required. MONTH DEADLINE DATE MEETING DATE JANUARY 12/18/2020 01/21/2021 FEBRUARY 01/15/2021 02/18/2021 MARCH 02/12/2021 03/18/2021 APRIL 03/12/2021 04/15/2021 MAY 04/16/2021 05/20/2021 JUNE 05/14/2021 06/17/2021 JULY 06/11/2021 07/15/2021 AUGUST 07/16/2021 08/19/2021 SEPTEMBER 08/13/2021 09/16/2021 OCTOBER 09/17/2021 10/21/2021 NOVEMBER 10/15/2021 11/18/2021 DECEMBER 11/12/2021 12/16/2021 JANUARY 12/17/2021 01/20/2022 For Information Contact: City of Dover Department of Planning & Inspections 15 Loockerman Plaza P.O. Box 475 Dover, DE 19903 (302) 736-7196 Phone (302) 736-4217 Fax www.cityofdover.com Email: compplan@dover.de.us 57

Item 8. City of Dover, DE 2019 Comprehensive Plan File: M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan 2018_FINAL_MXDS\Map 6-1A Historic Resources Map.mxd Map 6-1A: Historic Resources - Downtown Area As Adopted on January 13, 2020 0 500 LEGEND 1,000 Feet Dover Boundary ¯ Parcels Roads Hydrology Water Bodies National Register Locations City of Dover Historic District National Register Districts Victorian Dover Historic District Dover Green Historic District 0 2,000 4,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 58 Division.

Item 8. City of Dover, DE 2019 Comprehensive Plan File: M;\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 6-1B Historic Resources Map.mxd Map 6-1B: Historic Resources - Citywide As Adopted on January 13, 2020 0 2,500 Dover Boundary LEGEND 5,000 Feet ¯ Roads Hydrology Water Bodies National Register City of Dover Historic District Zone National Register Districts Victorian Dover Historic District Dover Green Historic District Other National Register Districts Little Creek Hundred Rural Historic District 0 1,500 3,000 Feet Inset Map PAPER MAP DISCLAIMER: By acceptance of this map material you agree to the following: This map material is made available by the City of Dover, Delaware as a public service. The material is for reference purposes only, and the City makes no warranty, re presentation, or guaranty as to the accuracy of the material, including its accuracy, availability, use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered by the Recipient or others arising from any inadequacies of the digital data or the Recipient's use of this data. The material is in the public domain and may be copied without permission. Citation to the source would be appreciated. Any errors or omissions in the material should be reported to the City of Dover, Delaware's Public Works GIS 59 Division.

All Dover Historic Districts Item 8. DR EW VI R EA KE FR D LA DR CE LV D N K ER R S B NT NT WAL PO ER OR DU S ST ROS Y AT RN HW D VE N L O VIEW V E GO FAIR OAK N R T OL S N BR DU RD CAR PO K AVE ADF OA TE ST NT ST HI EST ST ISON ST W MAD NW ORD HW ATE RD N ST NEY ROD Y LIA M ST T N DUP O WIL N GO ON S R ST INGT LE H PEA T WA S RA S W NO CLA VER IS N QU M IL D NT HW EL R L HAZ DR RA S T ST RS A D AV E CLA EEN R YLAN VE MA Y Y ST NIA MAR LVA N AM NSY T WS N NE AN PEN ERIC N ST IL S T S IO N KI CEC HWY E D IV I AVE S AVE KING O RKW ST ST TON EST RID FUL RD GE NW OD ST PA R I LL E NH RE LY K DR G ST R YA D BA TON ST ION WES ST IVIS ST ORD W D DA A N ADF RM KE VE S BR OC RKW ST ST O R D S KI R EE E L EST W FOR ES T SW ST ST OOD TIVE LINCOLN ST ST ISLA RMAN COURT ST OCKE L ST LEG W LO RIVER R D ERA PAUL ST FED AVE T ER S K LN U G HT S T BAN S LA T RT H E SE S W NO ST ST W AT E R REE TE R ATE ST K LN T E WA WS S ST BAN S NE AST NING LE A BAN VE ST R ATE R EL M T E WW NEW ST ST C EST SW TH ST SOU Legend HWY R L TE L SCU SQ S AV E S DU Parcels PON UEE T OD NS T S G O V ER N O R LLY ¯ 1 inch = 917 feet HOPE ST Dover Green Historic District ST Date Created: June 19, 2019 File: LVD I:\Comprehensive Plan 2019\ Victorian Dover Historic District G ELY B Historic District Workshop RID Department: Planning & Inspections City of Dover Historic District 60 City of Dover, Delaware DOVER ST

Item 8. Historic Preservation C I T Y O F D O V E R , D E L A W A R E H I S T O R I C D I S T R I C T C O M M I S S I O N D E P A R T M E N T O F P L A N N I N G & I N S P E C T I O N S T w o T y p e s o f d e s i g n a t i o n L o c a l H i s t o r i c d i s t r i c t A n d N a t i o n a l R e g i s t e r o f H i s t o r i c P l a c e s There are two type of designation: a historic district established by the local government through ordinances and those individual properties or historic districts listed in the National Register of Historic Places, a federal designation program. The following are definitions of each type from the City of Dover’s Zoning Ordinance. Local Historic District Historic district: The geographic areas of Dover that have been for Dover covers the designated by the City of Dover, and graphically illustrated on the official corridor along Loockerman zone map of the City of Dover, as possessing a significant concentration Street between the railroad of properties, buildings, structures or objects associated with and representative of the historical development of Dover and which meet at tracks to the St. Jones River least one of the following criteria: on the east and along the (a) Exemplifies or reflects the broad cultural, political, economic, State Street corridor from or social history of Dover, Kent County, the State of Delaware, or the just north of Division Street United States of America; or to South Street. See map for (b) Is associated with the lives of persons of historic importance specific boundaries. or with events of historic significance to Dover, Kent County, the State of Delaware, or the United States of America; or (c) Embodies distinguishing architectural characteristics which are invaluable resources for the study, understanding and appreciation of periods, styles, society, methods of construction, craftsmanship and the use of indigenous materials; or (d) Represents the notable work of master builders, designers or Within the City of Dover are architects whose designs, construction and craftsmanship have been three National Register recognized as distinctive and whose work has influenced the period of Historic Districts: Dover time in which they lived. Zoning Ordinance, Article 12 Definitions Green Historic District, Victorian Dover Historic National Register of Historic Places: A federal list of cultural resources District, and part of the Little worthy of preservation, authorized under the National Historic Creek Hundred Rural Preservation Act of 1966 as part of a national program to coordinate and Historic District. The City support public efforts to identify, evaluate, and protect the nation's historic and archaeological resources. The National Register program is adminis- also includes twelve (12) tered by the state historic preservation office and by the National Park individual properties listed in Service under the Department of the Interior. Zoning Ordinance, Article 12 the National Register. Definitions 61

Item 8. P a g e 2 B a s i c D i f f e r e n c e s The basic differences in the protection and requirements between a historic district of local designation and National Register listing of a historic property/district: L o c a l D e s i g n a t i o n a s a H i s t o r i c D i s t r i c t (As part of a Historic Preservation Ordinance) • Designates historic properties on the basis of local criteria and local Procedures. • Often included as part of local zoning and land use regulations. BENEFITS OF LOCAL • Sets boundaries on the distribution pattern of historic properties, and other HISTORIC DISTRICTS community considerations. • Local districts • Provides recognition of a community’s significant properties. protect the investment • Coupled with design review process, such as a historic preservation of owners and commission or architectural review board, provides protection of character- residents. defining exterior features of a property, but, in many cases, not historic • Local districts interiors or archaeological sites. encourage better design. • May qualify a property for a form of financial assistance, such as a local tax incentive for historic preservation, if the local government has passed a tax • Local districts help the environment. incentives ordinance. • Educational • Can provide for review of proposed demolitions within the district, and benefits provide delays to allow for preservation alternatives to be considered. • A local district can • Can require local commission review and approval for all changes to the result in a positive exterior appearance of historic properties, and review approval for all economic impact from construction, such as infill, e.g. adjacent new buildings on a site or on vacant tourism. parcels. • The protection of local historic districts can enhance business recruitment potential. N a t i o n a l R e g i s t e r L i s t i n g (As an honorary status with some federal financial incentives) • Local districts provide social and • Designates historic properties based on uniform national criteria and psychological benefits. procedures • Set boundaries for historic district based on the actual distribution pattern of intact historic properties in the area. • Provides recognition by the federal government that an area has historical or archaeological significance. • Requires the effects of federally assisted work projects (actions) on historic properties be con- sidered prior to the commencement of work. Makes available federal tax incentives for qualified rehabilitation projects. Requires conformance to the Secretary of the Interior’s Standards for Reha- bilitation (36 CFR 67) • Makes a property eligible for certain types of grants (when available). Work projects associated with certain grants require conformance to the Secretary of the Interior’s Standards for the Treat- ment of Historic Properties (36 CFR 68). 62

Item 8. P a g e 3 P a r t s o f a P r e s e r v a t i o n O r d i n a n c e • Statement of purpose. • Creation of the Historic District Commission Refer to City of Dover • Commission duties and powers Code of Creation and purpose. There shall be a historic district commission for Ordinances, Appendix B: the purpose of assisting the planning commission and city planner in re- Zoning Ordinance: viewing applications for architectural review certifications as specified in subsection 3.2; and for making recommendations for designation of his- Article 3 Section 21 toric district zones; and for establishing guidelines for the preservation Historic District and conservation of historic district zones; and for advising other officials and departments in the City of Dover in matters concerning historic Article 10 Section 3 preservation; and for reviewing all proposed National Register nomina- Historic District tions in the City of Dover; and for acting as a liaison on behalf of the City Commission and of Dover to individuals and organizations concerned with historic preser- Architectural vation; and for carrying out programs of historic preservation education in Review the City of Dover. Zoning Ordinance, Article 10 Section 3.11 • Outlines designation process for the Historic District • Sets out design criteria to govern design review Refer to the following Architectural review standards. guidelines: An architectural review certificate may be issued if it is found that the architectural style, general design, height, bulk and setbacks, Secretary of the Interior’s arrangement, location and materials and structures affecting the exterior Standards for appearance are generally in harmony with neighboring structures and Rehabilitation complementary to the traditional architectural standards of the historic district as set forth in the historic district design guidelines and standards Design Standards adopted by the planning commission and as set forth in the United States Secretary of the Interior's Standards for Rehabilitation. Zoning Ordinance, and Guidelines for Article 10 Section 3.25(A) the City of Dover Historic District Historic district design guidelines and standards: The document Zone adopted by the City of Dover Planning Commission as being the source reference document for construction and maintenance of buildings, structures and additions within the Dover Historic District and which is the guiding document for the historic district commission and city planner in their review of applications for architectural review certification. Zoning Ordinance, Article 12 Definitions Architectural Review Certificate • Process of Architectural Review Certification shall be required for the Architectural review certificate: A signed and dated document demolition, construction, indicating the approval of the City of Dover Planning Commission, or the reconstruction, alteration historic district commission, or city planner upon the authority of the or restoration of any new historic district commission, for alteration, construction, relocation, or or existing structure or demolition within the historic district. Zoning Ordinance, Article 12 Definitions. where general exterior repairs are made with in An Architectural Review Certificate may be issued in one of three ways: the Historic District. It is • As part of the Building Permit process following administrative not required for normal review of project activities by Staff. maintenance and repair, • By the Historic District Commission following review of an interior arrangement, or application submission. building features not • By the Planning Commission following consideration and subject to public view. recommendations by the Historic District Commission’s review of an application submission. 63

Item 8. The City of Dover was designated a Certified Local Government in 2015. For Information on Historic Preservation Activities and the City of Dover Historic District Commission, please contact Planning Staff in the Department of Planning & Inspections. City of Dover, Delaware Historic District Commission Department of Planning & Inspections Department of Planning Inspections 15 Loockerman Plaza P.O. Box 475 Dover DE 19903 Phone: 302-736-7196 or 302-736-7010 Fax: 302-736-4217 www.cityofdover.com Associated Topics to Learn More About: • Architectural Review Certification process • Tax Credit Program for Historic Properties I n f o r m a t i o n F r o m : • National Park Service website: www.nps.gov/subjects/historicpreservation • “Design Review in Historic Districts” by Rachel S. Cox, a publication by the National Trust for Historic Preservation • City of Dover Code of Ordinances, Appendix B: Zoning Ordinance • Design Standards and Guidelines for the City of Dover Historic District Zone Information Newsletter created 2006, Updated June 2019 64

Item 8. City of Dover Code of Ordinances Appendix B: Zoning Ordinance Article 3 - District Regulations Section 21. - Historic district (H). 21.1 Purpose. The purpose of this historic district regulation is to preserve and enhance that unique character and value of the old portion of Dover as an area of special charm and interest. It is particularly intended that the regulations prevent, in the historic district, any change of conditions that would be deemed to be a disfigurement or degradation of the present unique visual and architectural qualities of the district. 21.2 [Use and bulk requirements.] In the historic district, use[s] and bulk shall be governed by those provisions of this ordinance related to the zone designation of each property, except those aspects of building height, bulk and setback that are subject to architectural review as set forth in article 10, section 3 of this ordinance. 21.3 [Architectural review certificate.] An architectural review certificate shall be required for the demolition, construction, reconstruction, alteration or restoration of any new or existing structure or where general exterior repairs are made within the historic district, as provided in article 10, section 3 of this ordinance. 21.4 [Amendments, supplements and repeals.] The city council shall not take any action to amend, supplement, or repeal the historic district in accordance with article 10, section 5, amendments, without a report by the historic district commission in accordance with article 10, section 3.3, unless the historic district commission fails to render such a report within 75 days after its regularly scheduled meeting following referral by the city council. 21.5 [[Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. (Ord. of 3-24-1986; Ord. of 7-26-1993; Ord. of 2-12-2001) Ordinance Excerpts for Historic District 11-12-2020 Page 1 of 10 65

Item 8. City of Dover Code of Ordinances Appendix B: Zoning Ordinance Article 10 – Planning Commission Section 3. - Historic district commission and architectural review. 3.1 Historic district commission established. 3.11 Creation and purpose. There shall be a historic district commission for the purpose of assisting the planning commission and city planner in reviewing applications for architectural review certifications as specified in subsection 3.2; and for making recommendations for designation of historic district zones; and for establishing guidelines for the preservation and conservation of historic district zones; and for advising other officials and departments in the City of Dover in matters concerning historic preservation; and for reviewing all proposed National Register nominations in the City of Dover; and for acting as a liaison on behalf of the City of Dover to individuals and organizations concerned with historic preservation; and for carrying out programs of historic preservation education in the City of Dover. 3.12 Appointment. The commission shall consist of five members nominated by the mayor and approved by the city council, who are residents of the City of Dover and who have demonstrated special interest, experience, or knowledge in history, architecture, or historic preservation. Two of the members, to the extent available, shall be professional members representing the professions of architecture, history, archaeology, planning, historic preservation or related disciplines. At least two members shall be residents of the district, and at least one shall represent the business within the district. 3.13 Term. The members of the commission shall serve for three-year staggered terms. Vacancies shall be filled within 60 days in accordance with subsection 3.12. 3.14 Organization. The commission shall meet at least four times per year in a place that is advertised in advance and open to the public and shall keep minutes of its meetings that are available to the public. All review decisions shall be made in public. The commission shall establish bylaws for its general procedure, which shall include a section addressing conflicts of interest. The commission shall produce an annual report of its activity that is kept on file for public review with the city planning office. 3.2 Architectural review certification. 3.21 Effect of architectural review certificate. No building permit or certificate of occupancy may be issued for any structure in the historic district until an architectural review certificate is issued as required under article 3, section 21, subsection 21.3 for the historic district. 3.22 Architectural review certification by the city planner. (A) An architectural review certificate for specific classes of building permits, including fences, signs, siding, window and door replacement, roofing, the addition or replacement of decorative features, minor demolition, residential additions, and other construction of a minor nature, may be issued by the city planner, after a review and determination that the proposed construction is in general accordance with the standards set forth in subsection 3.25. Ordinance Excerpts for Historic District 11-12-2020 Page 2 of 10 66

Item 8. (B) The city planner may refer any permit application for demolition or construction in the historic district for consultation with commission. (C) All decisions of the city planner pursuant to this subsection shall be documented on the building permit. When the city planner grants a conditional approval under this section, all conditions of approval shall be set forth in writing on the building permit. In the event of a denial, the reasons for such denial shall be documented in a written notice of decision which shall identify all elements of the application found to be contrary to the provisions or intent of this section. (D) An applicant may appeal the decision of the city planner to the historic district commission and such appeal shall be considered as an architectural review certification application to the historic district commission and shall meet all of the requirements set forth in subsection 3.23. 3.23 Architectural review certification by the historic district commission. (A) The historic district commission shall issue architectural review certificates for the construction or demolition of single-family and two-family homes, and nonresidential structures or additions involving a gross floor area of 3,000 square feet or less, after review of the proposed construction and after a determination that the construction is in general accordance with the standards set forth in subsection 3.25 below. (B) All applications to the historic district commission for architectural review certification shall be subject to the procedures set forth in subsection 3.26. (C) All decisions of the historic district commission pursuant to this subsection shall be formalized in a written notice of decision. When the commission grants a conditional approval under this subsection, all conditions of approval shall be set forth in writing in the notice of decision. In the event of a denial, the notice of decision shall state the reasons for denial and shall identify all elements of the application found to be contrary to the provisions or intent of this subsection. (D) An applicant may appeal the decision of the historic district commission to the planning commission, and such appeal shall be considered as an architectural review certification application to the planning commission and shall meet all of the requirements set forth in subsection 3.24 and subsection 3.26. 3.24 Architectural review certification by the planning commission. (A) The planning commission shall issue architectural review certificates referred or appealed to it, upon review of the recommendations of the historic district commission and upon a determination that the proposed construction is in accordance with the standards set forth in subsection 3.25. (B) All applications to the planning commission for architectural review certification shall be subject to the procedures set forth in subsection 3.26. (C) All decisions of the planning commission pursuant to this subsection shall be formalized in a written notice of decision. When the planning commission grants a conditional approval under this subsection, all conditions of approval shall be set forth in writing in the notice of decision. In the event of a denial, the notice of decision shall state the reasons for denial Ordinance Excerpts for Historic District 11-12-2020 Page 3 of 10 67

Item 8. and shall identify all elements of the application found to be contrary to the provisions or intent of this subsection. 3.25 Architectural review standards. (A) An architectural review certificate may be issued if it is found that the architectural style, general design, height, bulk and setbacks, arrangement, location and materials and structures affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district as set forth in the historic district design guidelines and standards adopted by the planning commission and as set forth in the United States Secretary of the Interior's Standards for Rehabilitation. (B) The city planner, historic district commission or planning commission shall not consider normal maintenance and repair (see Definitions, article 12), interior arrangement, or building features not subject to public view. 3.26 Procedures for an architectural review by the historic district commission and/or planning commission. (A) Architectural preapplication meeting. Prior to action on any application for an architectural review certificate, the applicant shall meet in person with the city planner or his delegated representative. The purpose of such conference shall be to discuss the proposed construction or other action requiring the certificate in order to determine what information is useful in the determination of conformity with the provisions and intent of the historic district regulation as expressed in this article. (B) Application and fee. The application to the historic district commission for an architectural review certificate and related information shall be submitted to the city planner at least 30 days prior to the historic district commission meeting at which review is requested and shall be accompanied by a fee as provided for in Appendix F—Fees and Fines. (C) Public hearing. Prior to the review and action on an architectural review certification, the historic district commission shall hold a public hearing subject to the following public notification procedures: (1) The applicant shall advertise the public hearing newspaper of general circulation at least 15 days prior thereto. (2) The applicant shall notify, by mail, all property owners within 200 feet of the extreme limits of the subject property as their names appear on the municipal tax record at least 15 days prior thereto. (3) The applicant shall post a notice outlining the date, time, place, and nature of the hearing in a conspicuous location on the property. Such notice shall be designed in accordance with standards set forth by the planning commission. (4) The applicant shall provide the planning office with a copy of the notice, verification of newspaper publication, a date-stamped photo of the property posting, and post office mail receipts indicating date of mailing for all letters on or before the meeting date. (5) Said notices shall state the date, time, and place of the hearings before the historic district commission, a brief description of the Ordinance Excerpts for Historic District 11-12-2020 Page 4 of 10 68

Item 8. project and shall state that a copy of the application and plan is on file with the planning office for public review. (6) If the planning commission is reviewing a project in accordance with other sections of this article, then the public hearing notice on those applications must also give notice of architectural review certification. (D) Application information. The applicant shall provide such information and documents listed below which will satisfactorily illustrate the proposed action as indicated in the architectural preapplication meeting required in subsection 3.26(A): (1) All plan elements required in subsection 2.5. (2) Plans and specifications indicating existing and proposed development, including structures, architectural elevation drawings, trees and any other landscaping, existing and proposed, including the general design, location and orientation of structures in relation to curb line, right-of-way line and neighboring buildings, colors, and materials to be used on exterior surfaces, detailed plans for any signs, photographs of the existing site and neighboring buildings, and such other information as will enable the historic district commission or planning commission to determine conformity with the ordinance. (E) City planner report. For each application to the planning commission the city planner shall issue a report to the planning commission including comments from other agencies detailing how the application conforms to the requirements of the zoning ordinance and other provision of city and state codes. This report shall not be deemed to represent a comprehensive list of all city and state code requirements. The city planner shall transmit copies of the proposed site development plan and the city planner's report at least seven days prior to the date of the meeting at which approval of the site development plan is to be requested. (F) Historic district commission action. The historic district commission shall act to review and render a recommendation to approve any such application within 45 days of transmittal to the commission or within such additional time as may be consented to by the applicant. The recommendation of the historic district commission shall be forwarded to the planning commission and acted upon by the planning commission in conjunction with action on the associated site development plan. If a site development plan application is not filed in accordance with the provisions of subsection 2.4 of this article within one year of recommendation, the recommendation shall expire. The historic district commission may grant a one-year extension of its recommendation upon written request by the applicant. Such request shall be made in writing to the planning office at least thirty days prior to the expiration of the historic district commission's recommendation. (G) Substantial amendments. Substantial amendments to an application or an architectural review certificate shall be acted upon in the same manner as the original plan. (H) Expiration of architectural review certification issued by the historic district commission. Ordinance Excerpts for Historic District 11-12-2020 Page 5 of 10 69

Item 8. (1) Architectural review certification approval shall expire on the last day of the 12th month after the date of approval if construction of the work authorized or use permitted has not started or unless an extension of time is applied for by the applicant and granted by the historic district commission. Approval shall also expire if the construction of work authorized has stopped for a period of one year unless an extension of time is applied for and granted by the historic district commission. (2) Request for extension of approval shall be made no later than 30 days prior to the final approval expiration date. Upon receipt of such request, the matter shall be considered at the next regularly scheduled meeting of the historic district commission. (3) In considering a request for an extension of approval, the historic district commission shall consider, but not be limited to, the following: (a) Whether the project has been delayed for reasons beyond the control of the applicant, excluding economic or financial reasons. (b) Whether the applicant has made substantial progress toward obtaining final approvals. (c) Whether there have been any significant changes in the surrounding neighborhood. (d) Whether there has been any related amendments to the zoning map or text, or the comprehensive plan, or if any waivers or variances have been granted. (4) Requests for extensions shall be submitted in writing to the planning office. (5) Under no circumstances shall the historic district commission grant extensions beyond 24 months from the date of first approval. 3.3 Historic district amendments. 3.31 Historic district commission review required. Any motion or petition to amend, supplement, or repeal a historic district by the city council in accordance with section 5, Amendments, shall require a report by the historic district commission as set forth in article 3, subsection 21.4. 3.32 Review criteria for placing individual structures in a historic district. The historic district commission may recommend that an individual structure or property be placed in an existing contiguous historic district or be placed in a historic district specifically created for the property or structure upon considering the following criteria and factors: (A) Significant value as part of the historical, cultural, artistic, social, ethnic or other heritage of the nation, state or community; (B) Association with an important person or event in national, state, or local history. (C) Representative of the distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, craftsmanship, method of construction or use of indigenous material; Ordinance Excerpts for Historic District 11-12-2020 Page 6 of 10 70

Item 8. (D) Notable work of a master builder, designer, architect, or artist whose individual genius has influenced an era; (E) The desire of the owner to have the property designated; (F) Increased potential of economic or community development. 3.33 Review criteria for amendments or creation of new historic districts. The historic district commission may recommend amendments to an existing historic district, recommend repeal of an existing historic district or recommend the creation of a new historic district upon considering the following criteria: (A) Any criteria listed in subsection 3.32. (B) Distinctive character or homogeneity of architectural design or dates of construction throughout the area. (C) Identifiable by clear and distinctive boundaries. (D) Repetition of distinguishing architectural or land use characteristics throughout the area. 3.34 Public hearing required. For all proposed amendments to the boundary of the historic district, the historic district commission shall hold a public hearing subject to the following public notification procedures: (A) The planning office shall advertise the public hearing in a newspaper of general circulation at least 15 days prior thereto. (B) The planning office shall notify, by mail, all directly affected property owners and all property owners within 200 feet of the extreme limits of the properties proposed for addition to or removal from the district as their names appear on the municipal tax record at least 15 days prior thereto. 3.4 Demolition by neglect. 3.41 Responsibility of property owners. Property owners of properties within the historic districts shall not allow their buildings to be demolished by neglect (see Definitions, article 12) by failing to provide ordinary maintenance or repair. 3.42 Responsibility of the historic district commission. The historic district commission shall monitor the condition of historic properties and existing buildings in the historic district to determine if they are being demolished by neglect by failing to provide ordinary maintenance and repair (see Definitions, article 12). In the event that the commission determines a demolition by neglect is occurring, it shall carry out the following: (A) Determine and set forth steps required to remedy the situations or defects. (B) Direct the city planner to inform the property owners of its findings, determination, and recommended remedies. (C) In the event that the property owners fail to commence work within the reasonable time allotted by the commission, the commission may direct the building inspector to begin proceedings under chapter 22, buildings, and building regulations, article XI, dangerous buildings, of the Code of Ordinances for the City of Dover to bring about the repair or demolition of the building. Ordinance Excerpts for Historic District 11-12-2020 Page 7 of 10 71

Item 8. 3.43 Responsibility of the city planner. The city planner shall notify the historic district commission of buildings within the historic district that have been referred to him by the building inspector that meet the definition of dangerous buildings under the provisions of chapter 22 Buildings and Building Regulations, article XI Dangerous Buildings, of the Code of Ordinances for the City of Dover. In such cases the commission shall determine if the building is being demolished by neglect. Before referring a property to the commission for consideration as demolition by neglect, the city planner shall give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the records of the recorder of deeds of the county, to appear before historic district commission at the time, date and location specified. (Ord. No. 2011-14, 8-8-2011) Section 4. - Development information requirements. 4.1 In order to more effectively evaluate the probable impact of proposed development and thereby to carry out the purposes of this ordinance when making decisions and recommendations regarding development proposals, the planning commission, historic district commission, or city planner may adopt a standard set of information requirements, which may be updated from time to time as necessary. 4.2 The information requirements shall be administered by the city planner and shall be a part of submission requirements for all applications to the planning commission. (Ord. No. 2011-14, 8-8-2011) Ordinance Excerpts for Historic District 11-12-2020 Page 8 of 10 72

Item 8. City of Dover Code of Ordinances Appendix B: Zoning Ordinance Excerpt of Definitions associated with Historic District activities. Article 12 - Definitions Unless otherwise expressly stated, the following terms shall, for the purpose of this ordinance, have the following meanings. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "person" includes a corporation, association or partnership, as well as an individual. The word "lot" includes the word "plot." The term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used": Accessory building: A building or use clearly incidental or subordinate to, and customar[il]y in connection with, the principal building or use on the same lot. Applicant: A landowner or developer, as hereinafter defined, who has filed application for development, including his heirs, successors and assigns. Architectural review certificate: A signed and dated document indicating the approval of the City of Dover Planning Commission, or the historic district commission, or city planner upon the authority of the historic district commission, for alteration, construction, relocation, or demolition within the historic district. Building: Any combination of materials forming a construction. The term "building" is not intended to include underground construction which permits the use of the ground above as if no construction existed. The term "building" shall include the term "structure," as well as the following: (a) Signs; (b) Fences; (c) Walls, except retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6½ feet at the lower ground level; (d) Radio and television antennae, except for such antennae installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building; and (e) Porches, carports, bins and other similar structures; (f) All areas used for outdoor display and storage of products for sale on the site for more than 14 consecutive days or 21 days in a calendar year. Excluded from this definition are approved motor vehicle, boat and trailer sales establishments; contractors' yards; nurseries and landscaping material sales (where the sale of these materials is the primary use on the lot); wholesale building supply stores and lumber yards; or similar uses. Demolition by neglect: Improper maintenance or lack of maintenance of a building, structure or object which results in substantial and widespread deterioration of the building, structure or object which threatens the likelihood of preservation and which presents a threat to the public safety, health and welfare of the immediate community. Ordinance Excerpts for Historic District 11-12-2020 Page 9 of 10 73

Item 8. Historic district: The geographic areas of Dover that have been designated by the City of Dover, and graphically illustrated on the official zone map of the City of Dover, as possessing a significant concentration of properties, buildings, structures or objects associated with and representative of the historical development of Dover and which meet at least one of the following criteria: (a) Exemplifies or reflects the broad cultural, political, economic, or social history of Dover, Kent County, the State of Delaware, or the United States of America; or (b) Is associated with the lives of persons of historic importance or with events of historic significance to Dover, Kent County, the State of Delaware, or the United States of America; or (c) Embodies distinguishing architectural characteristics which are invaluable resources for the study, understanding and appreciation of periods, styles, society, methods of construction, craftsmanship and the use of indigenous materials; or (d) Represents the notable work of master builders, designers or architects whose designs, construction and craftsmanship have been recognized as distinctive and whose work has influenced the period of time in which they lived. Historic district design guidelines and standards: The document adopted by the City of Dover Planning Commission as being the source reference document for construction and maintenance of buildings, structures and additions within the Dover Historic District and which is the guiding document for the historic district commission and city planner in their review of applications for architectural review certification. National Register of Historic Places: A federal list of cultural resources worthy of preservation, authorized under the National Historic Preservation Act of 1966 as part of a national program to coordinate and support public efforts to identify, evaluate, and protect the nation's historic and archaeological resources. The national register program is administered by the state historic preservation office and by the National Park Service under the department of the interior. Ordinary maintenance and repair: Work performed to prevent deterioration of a building, structure or object, or any part thereof, by restoring the building, structure or object as nearly as practical to its original condition prior to such deterioration or damage by using replacement materials and applications, wherever possible, of the kind used in original construction. Public view: That which can be seen readily from a public street, public building or public property, excluding views from alley rights-of-way. Ordinance Excerpts for Historic District 11-12-2020 Page 10 of 10 74

Item 8. City of Dover Code of Ordinances Appendix B: Zoning Ordinance Article 10 – Planning Commission Section 5. - Amendments. This article or any part thereof may be amended, supplemented or repealed, from time to time, by the city council on its own motion or upon application, as provided in chapter 3 of title 22, Municipalities of the Delaware Code Annotated (22 Del. C. § 301 et seq.). Every such proposed amendment shall be referred by the city council to the planning commission for a report before the public hearing. The city council shall not take action on any such amendment without a report from the planning commission unless the planning commission fails to render such a report within 75 days after its regularly scheduled meeting following such referral. 5.1 Types of amendments to the ordinance. The following are the types of amendments that may be made to the ordinance: 5.11 Zoning text amendments. Amendments to ordinance text may be made upon initiation of the city planner or under sponsorship of three members of city council. 5.12 Map amendment by application. A property owner may make application to the city for amendment of the zoning map as it relates to his property. Amendments to the zoning map may also be initiated by sponsorship of three members of city council and shall be considered under the procedures of subsection 5.3 as it relates to applications for map amendments. 5.13 Comprehensive zoning map amendment. Amendment to the zoning map as a result of a new, revised, or amended comprehensive plan, or other formal plan or study shall be considered as a comprehensive zoning map amendment and shall be initiated by the planning office. 5.2 Procedure for zoning text amendments in accordance with subsection 5.11. 5.21 Public hearing and notice. An amendment to the ordinance text shall be subject to public hearing before the planning commission and city council prior to adoption. Such hearing shall be advertised in a newspaper of general circulation at least 15 days prior to the planning commission hearing. Such notices shall state the date, time and place of the planning commission and city council hearings and a brief description of the proposed zoning text amendment, and specify that documents are available in the planning office for review. 5.22 City planner report. For each proposed zoning text amendment, the city planner shall issue a report to the planning commission and city council, including comments from other reviewing agencies, that evaluates the following factors: Ordinance Excerpts on Amendments (Rezoning & Zoning Map Amendments) Page 1 of 6 75

Item 8. (A) Whether such change is consistent with the aims and principles embodied in the ordinance as to the particular zones concerned; and (B)Whether such proposed amendment is consistent with the aims of the comprehensive plan of the city. 5.23 Report of the planning commission. Regarding each proposed amendment to the ordinance text, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A)Whether such change is consistent with the aims and principles embodied in the ordinance as to the particular zones concerned; and (B)Whether such proposed amendment is consistent with the aims of the comprehensive plan of the city. 5.3 Application procedure for zoning map amendments in accordance with subsection 5.12. 5.31 Preapplication meeting. Prior to the submission of a zoning map amendment application, the applicant or his representative shall meet in person with the city planner or his designee to discuss the rezoning request. The purpose of this meeting shall be to discuss proposed uses or developments and to review the process and submission requirements. 5.32 Application. Application for a zoning map amendment shall be submitted to the city planner, on forms approved by the planning commission, along with a fee as provided for in Appendix F—Fees and Fines, and copies of a site map as described below. (A) Submission requirements accompanying applications for amendments to the zoning map. The applicant shall cause a site map to be prepared by a civil engineer, surveyor, land planner, or architect. The applicant shall submit copies of the site map to the city planner. The elements to be included on the site map are listed below: (1) Scale and dimensions. The map shall be at least 8.5 by 11 inches and at a scale of ten, 20, 30 or 40 feet to the inch, except that if the property has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be used. (2) Legal data. (a) Tax parcel identification number. (b) Name and address of the owner of record. (c) Name and address of the equitable owner, if any. (d) Name and address of the person, firm or organization preparing the map. (e) Date, north point and written and graphic scale. (f) Sufficient description of information to precisely define the boundaries of the property and that portion of the property for which a rezoning is requested; and total acreage for which a Ordinance Excerpts on Amendments (Rezoning & Zoning Map Amendments) Page 2 of 6 76

Item 8. rezoning is requested. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest second or closer. The error of closure shall not exceed one in 10,000. (g) The locations, names and existing widths of adjacent street rights- of-way and curblines. (h) Location, width and purpose of all existing and proposed easements, reservations and areas dedicated to public use within or adjoining the property. (i) Existing and proposed zoning. (j) Any existing development on the property, including buildings, fences and landscape screening. (k) Full and complete information requested by the city planner in accordance with the development information requirements set forth in section 4. 5.33 Setting of hearings and referral to planning commission. For any application to amend the zoning map, city council shall refer the proposed amendment to the planning commission and set dates for the public hearings to be held before the planning commission and city council. 5.34 Advertisement of public hearing. Following referral of a zoning map amendment application to planning commission by city council, the applicant shall advertise the public hearing as follows: (A) The applicant shall notify by mail all property owners within a distance of 200 feet of the extreme limits of the subject property of the public hearing dates, times and locations. (B) The applicant shall advertise the public hearings in a newspaper of general circulation at least fifteen (15) days prior to the planning commission hearing. Such notices shall state the date, time and place of the planning commission and city council hearings and a brief description of the proposed zoning map amendment, and specify that documents are available in the planning office for review. (C) The applicant shall also post a notice outlining the date, time, place, and nature of the hearings in a conspicuous location on the property. Such notice shall be designed in accordance with standards set forth by the planning commission and city council. (D) The applicant shall provide the planning office with a copy of the notice, verification of newspaper publication, a date-stamped photo of the property posting, and post office mail receipts indicating the date of mailing for all letters on or before the planning commission meeting date. 5.35 City planner report. For each application for a zoning map amendment, the city planner shall transmit a report to the planning commission and city council, including comments from other reviewing agencies that evaluate the following factors: Ordinance Excerpts on Amendments (Rezoning & Zoning Map Amendments) Page 3 of 6 77

Item 8. (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. 5.36 Report of the planning commission. Regarding each application for a zoning map amendment, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. 5.37 Amendment of zoning map. Following action by city council with regards to an application to amend the zoning map, the planning office shall update the zoning map to reflect the action of city council. 5.38 Notice of decision. The city clerk shall send the applicant a letter notifying the applicant of the city council's action regarding the application for a zoning map amendment. 5.4 Procedure for comprehensive zoning map amendment in accordance with subsection 5.13. 5.41 Public hearing and notice. A comprehensive zoning map amendment shall be subject to public hearing before the planning commission and city council prior to adoption. The planning office shall advertise the public hearings as follows: (A) The planning office shall advertise the public hearing in two newspapers of general circulation at least 15 days prior to the planning commission hearing. (B) The planning office shall notify all affected property owners by mail at least 15 days prior to the planning commission hearing, informing them of the proposed zoning map amendment as it relates to their property. (C) Such notices shall state the date, time and place of the planning commission and city council hearings and a brief description of the Ordinance Excerpts on Amendments (Rezoning & Zoning Map Amendments) Page 4 of 6 78

Item 8. proposed zoning map amendment, and specify that documents are available in the planning office for review. 5.42 City planner report. For any comprehensive zoning map amendment, the city planner shall issue a report to the planning commission and city council, including comments from other reviewing agencies, that identifies: (A) The reasons for the comprehensive zoning map amendment; (B) All properties where a change in zone is proposed; and (C) How the proposed changes to the zoning map support the city's current comprehensive plan. 5.43 Report of the planning commission. Regarding each application for a comprehensive zoning map amendment, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. 5.44 Adoption of comprehensive zoning map amendment. Upon adoption of the comprehensive zoning map amendment by city council, the zoning of properties shall be as reflected in the adopted map. 5.45 Notice of decision. The city shall notify all affected property owners in writing with regards to any amendments to the zoning map that affect their properties. 5.5 Amendment protests. In the case of a protest against any amendment, such amendment shall not become effective, except in accordance with the provisions of section 305 of chapter 3 of title 22, Municipalities, of the Delaware Code Annotated (22 Del. C. § 305). 5.6 Zoning map amendment approvals. In all cases where the city council shall approve an amendment to the zoning map, the said council shall find that, for reasons fully set forth in the said findings, such amendment is in conformity with the comprehensive plan for the city. 5.61 Reconsideration, one-year limitation. Ordinance Excerpts on Amendments (Rezoning & Zoning Map Amendments) Page 5 of 6 79

Item 8. (A) Whenever an amendment has been denied by the city council, such amendment, or one substantially similar, shall not be reconsidered sooner than one year from the date of the prior denial, except as provided in subsection (B) hereof. (B) Notwithstanding the provisions of subsection (A) hereof, the planning commission may request the council to reconsider an application within the one-year period from the denial of the same if the land use in the area has changed to such a degree that failure to do so would prevent proper planning and development of the area in question. 5.7 Closed zones. Where the city finds that new development in a certain zone would be inconsistent with the purposes of this article, but that elimination of or substantial changes to the zone would create a hardship for many owners of existing buildings and land in that zone, the city may declare the zone closed. The city council shall not accept or approve amendments to the zoning map which would place land in a closed zone. Closed zones include: (A) R-7; (B) RG-4; (C) RG-O, except in the downtown redevelopment target area as described in appendix C of the City of Dover Code of Ordinances. (Ord. No. 2011-14, 8-8-2011) Ordinance Excerpts on Amendments (Rezoning & Zoning Map Amendments) Page 6 of 6 80

Item 10. Project Narrative FFY2019 Addendum to Design Standards & Guidelines for the City of Dover Historic District Zone: Modern Materials & Technologies The City of Dover is proposing a preservation planning project to evaluate and update portions of the Design Standards & Guidelines for the City of Dover Historic District Zone document. The result of the project will be a Draft Addendum document focusing on modern and technological advancements in materials and construction activities of items discussed in the Design Standards & Guidelines. The current Design Standards & Guidelines for the City of Dover Historic District Zone document was created1 and adopted in 1992-1993 with the formal establishment of the City’s Historic District Commission (HDC) by ordinance adopted July 26, 1993. The ordinances of the City of Dover allow for the designation and protection of historic properties. The purpose of Historic District regulations is: “to preserve and enhance that unique character and value of the old portion of Dover as an area of special charm and interest. It is particularly intended that the regulations prevent, in the historic district, any change of conditions that would be deemed to be a disfigurement or degradation of the present unique visual and architectural qualities of the district.” (Zoning Ordinance, Article 3, Section 21) The geographic boundaries of the Historic District (H) zone are established as a zoning classification. The original boundaries of the Historic District established in 1961 were generally described as extending from just north of Division Street south to South Street inclusive of the properties fronting on South State Street and The Green then east to the St. Jones River. In 1997, the boundaries of the Historic District Zone were expanded to include properties fronting on West Loockerman Street from Bradford Street to the railroad corridor and areas in the vicinity of South Governors Avenue, South Bradford Street, North Street, and Bank Lane. The areas of expansion included many commercial and residential properties listed in the National Register of Historic Places as part of the Victorian Dover Historic District. See attached Map of City of Dover Historic District showing the current boundaries (shaded in orange). As a preservation and redevelopment tool, the Design Standards and Guidelines provide guidance for property owners, design professionals, staff and the Historic District Commission (and Planning Commission). The “historic district design guidelines and standards” are defined by the Zoning Ordinance as follows: “Historic district design guidelines and standards: The document adopted by the City of Dover Planning Commission as being the source reference document for construction and maintenance of buildings, structures, and additions with the Dover Historic District and which is the guiding document for the historic district commission and city planner in their review of applications for architectural review certification.” Therefore, it is utilized as a guiding document in the decision making process of reviewing of construction activities in the Historic District zone for issuance of Architectural Review Certification (Zoning Ordinance, Article 10 Section 3). Applications for Architectural Review Certification are reviewed by the City Planner (Staff), the Historic District Commission, and Planning Commission. See the following code excerpt regarding the architectural review standards. 1 The current document Design Standards and Guidelines for the City of Dover Historic District Zone was prepared in 1992 by John Milner Associates Inc. with funding by a grant from the National Park Service, U.S. Department of the Interior and administered by the State Historic Preservation Office. City Planning Staff, the State Historic Preservation Office, the Friends of Old Dover, Main Street Dover, and other interested parties participated in the development of the document. 81

Item 10. Zoning Ordinance, Article 10 Section 3.25 Architectural review standards. (A) An architectural review certificate may be issued if it is found that the architectural style, general design, height, bulk and setbacks, arrangement, location and materials and structures affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district as set forth in the historic district design guidelines and standards adopted by the planning commission and as set forth in the United States Secretary of the Interior's Standards for Rehabilitation. (B) The city planner, historic district commission or planning commission shall not consider normal maintenance and repair (see definitions, article 12), interior arrangement, or building features not subject to public view. The Zoning Ordinance references the Design Standards & Guidelines when establishing the Architectural Review Certification process for the City of Dover’s Historic District zone (H). An Architectural Review Certificate is required for a demolition, erection, reconstruction, alternation, restoration or exterior repairs on properties within the Historic District. Most projects within the Historic District are eligible for administrative review of the Architectural Review Certificate as part of the Building Permit process for such projects as signs, roof and door or window replacement, and exterior finish/siding/trim work renovations. Project activities only involving interior renovations are not subject to the Architectural Review Certification process. For example, in calendar year 2018, a total of forty-seven (47) applications (permit activity in the Historic District) were reviewed under this process with 38 Permits requiring Architectural Review Certification and 9 Permits not requiring Architectural Review Certification. 2 Historic Preservation Planning is part of a comprehensive approach to land use planning in the City of Dover. In Dover’s current plan, the 2008 Comprehensive Plan (as amended) this information is presented in Chapter 6 - Historic Preservation and associated Map 6-1. The 2008 Comprehensive Plan includes sets forth goals and a series of recommendations for each goal. The Historic Preservation Goals are as follows: Goal 1: Preserve and Protect Historic Resources Historic Goal 2: Provide and Promote Incentives for Preservation Activities Preservation Goal 3: Increase Public Information on Historic Resources Goal 4: Collaborate with Diverse Groups and Governments 2008 Comprehensive Plan, excerpt from Table 1-1: Plan Chapter Goals To achieve Goal 1, one of the adopted Recommendations was the Evaluation of Design Standards and Guidelines since the original document was adopted in the early 90s. The recommendation also suggested consideration of the standards and guidelines for the levels of protection for The Green and the Loockerman Street areas. For this project for an Addendum to the Design Standards & Guidelines, the City of Dover will seek to hire a consultant through a Request for Professional Services process to assist the Historic District Commission and Planning Staff with the project. The consultant will be required to have a Principal Investigator (PI) who meets the professional qualification standards in 36 CFR 61. Also involved in the project, the Historic District Commission consists of five (5) appointed members and the Planning Commission3 consists of nine (9) appointed members. The Planning Staff serves as staff support to the Historic District Commission and will manage the activities of this project. 2 The volume of Permit Activity in the Historic District over the past five years has averaged 52 applications a year with a majority of them eligible for Architectural Review Certification review by Staff. 3 The Planning Commission, per the Zoning Ordinance, Article 10 Section 3.25(A), is involved in the formal adoption process for the Historic District guidelines. 82

Item 10. With the project, we hope to create an Addendum to the Design Standards & Guidelines that focuses on the modern and technological advancements in materials and construction activities. In recent years, the use and role of alternative and composite materials in construction has increased with options for wood composites, PVC/vinyl products, and others. In addition, features like solar panels and other conservation related measures have become more common place. This Addendum will focus on these types of materials and items as associated with the practices for maintenance, preservation and construction activities within the Historic District. Components of the Addendum document will continue to provide guidelines for treatment of historic properties and features focusing on maintenance, repair, alternations, and preservation or restoration of existing buildings; guidelines for new construction activities (additions and new buildings), guidelines for demolition activities; guidelines for landscaping and site elements, and guidelines for signage. The document is to be consistent with the Secretary of Interior Standards for Treatment of Historic Properties (Rehabilitation Standards and Guidelines). The project will consist of a series of phases: Planning, Public Outreach, Guidelines Revision and Refinement, and Preparation of Draft Addendum Document. The following chart outlines the anticipated activities of the project. Timeframe Project Phase Activities and Products September 2019 Consultant Services Develop RFP and release. Select Consultant September – October 2019 ed Planning Meetings with Consultant, vis Staff and HDC to outline Re general project approach, be goals and format for Addendum guidelines, to determine public input ule strategy. November 2019 – January Public Outreach Analysis of guidelines. 2020 ed Conduct focus ch groups/stakeholder meetings eS and a Public Workshop. January 2020 – April 2020 am Guidelines Revision & Prepare example page format Refinement (text and photographs). Tim Meetings with Staff and HDC efr to present drafts. Review of multiple Drafts by Staff, HDC. May 2020 – June 2020 Preparation of Draft Conduct Public Workshop on Addendum Document Draft. Review of Draft by State Historic Preservation Office. The specific scope of work, tasks, and deliverables by the consultant will be further refined with Planning Staff. Electronic copies of documents are anticipated for use at meetings and posting on the City’s website for review. Subject to the selection of the consultant, the Project’s work timeframe is expected to be September 2019 through June 2020 with the formal review process to adopt the Draft Addendum Document to follow in Summer 2020 with the Historic District Commission and Planning Commission. 83

Item 11. Delaware Division of Historical and Cultural Affairs State Historic Preservation Office 21 The Green, Dover, DE 19901 (302)736-7400 ● (302)739-5660 (fax) HISTORIC PRESERVATION FUND GRANT APPLICATION GUIDELINES FOR CERTIFIED LOCAL GOVERNMENTS Allocation of Grant Funds in Delaware………………………………………………………page 1 General Grant Requirements.…………………………..……………………………………..page 2 Eligible Grant Activities………………………………………………………………………….page 3 Allowable Costs……………………………………………………………………………………page 6 Grant Application Packet Instructions and Forms…………………………………….....page 7 ALLOCATION OF GRANT FUNDS IN DELAWARE Each year, the Congress appropriates a federal Historic Preservation Fund (HPF) grant to each state in support of various preservation activities allowable under the regulations implementing the National Historic Preservation Act of 1966, as amended. In Delaware, this grant is administered by the Division of Historical and Cultural Affairs, whose Director acts as the State Historic Preservation Officer. One of the requirements of this federal grant is that a minimum of 10% of the funds must be sub-granted to Certified Local Governments (CLGs). Because the federal grant award to Delaware varies from year to year, the amount awarded to Delaware’s CLGs also varies. Only local governments which have been formally certified as a CLG prior to January 1 of the calendar year and which continue to meet the requirements for certification are eligible to apply for HPF subgrant funding. Among the requirements for maintaining CLG status is the submission of an annual report on activities. The State Historic Preservation Office (SHPO)’s CLG Coordinator contacts the CLGs each year to request this report. If not requested or received beforehand, the SHPO may require that the annual activity report be submitted and approved as a condition of awarding a subgrant to the CLG. Each CLG that meets the above requirements and submits an application that is consistent with these Grant Application Guidelines will receive grant funding. Delaware’s CLG allocation formula provides for a minimum allocation of $2,000 to each CLG plus an additional allocation based on population (US Census Bureau decennial figures) to make up a yearly Basic Program Allocation (BPA). Funding Category Equivalent Population Minimum Allocation Population Factor BPA 1 Less than 3,500 $2,000 + $1,000 = $3,000 2 3,500 – 10,000 $2,000 + $2,000 = $4,000 3 10,000 – 40,000 $2,000 + $3,000 = $5,000 4 Over 40,000 $2,000 + $5,000 = $7,000 Because the HPF grant 10% set-aside that the Delaware SHPO is required to award to CLGs typically exceeds the amount of the BPA, the CLGs have been placed in Funding Categories in accordance with their 2010 census populations and are assigned points equivalent to that Funding Category. The points derived are used to calculate the additional grant funds that CLGs will be awarded. The total number of points is divided into the difference between 10% of that year’s HPF grant and the total dollars that are assigned in accordance with the BPA allocation. A total award is then calculated using this formula times the number of points assigned plus their PBA. 1 84

Item 11. Certified Local Governments 2010 Population Funding Category/Points BPA City of Delaware City 1,695 1 $3,000 City of Lewes 2,747 1 $3,000 Town of Milton 2,576 1 $3,000 City of New Castle 5,285 2 $4,000 City of Dover 37,366 3 $5,000 City of Wilmington 70,851 4 $7,000 New Castle County 538,479 4 $7,000 Totals 16 $32,000 Each year that Delaware receives an HPF grant award, the SHPO evaluates each Delaware’s CLGs eligibility to receive grant funding. The SHPO notifies each CLG of the amount of the federal funds which the SHPO has determined to award (based on the above formula), and the date on which application for that year is due. If any CLG is not in compliance with Delaware’s CLG Program Guidelines at that time, they must take corrective action to change their eligibility status prior to the date on which the application is due. The federal award indicated in the CLGs notification cannot exceed 60% of the project total budget. The CLG must provide match, either in cash or in kind, which equals at least 40% of the project budget. A CLG may partner with another entity which is willing to provide all or part of the non-federal (matching) funds for a project. If the project will be administered by a third party (e.g., an educational institution), the application should clearly state that the CLG is delegating administration of the grant to that third party. In addition, two or more CLGs may collaborate and pool their awards to allow for a greater project budget to accomplish common goals, such as training for commissioners. If, for whatever reason, a CLG chooses not to apply for their allotted federal funds or applies for less than the amount allotted, the SHPO will determine how to equitably distribute these monies to those CLGs whose grant application shows there is need for additional grant monies and who have the ability to provide the increased matching funds. GENERAL GRANT REQUIREMENTS Each CLG must fulfill certain programmatic and administrative requirements in order to obtain a grant award. Programmatic Requirements: • As noted in the discussion of eligible grant activities below, some projects require a Principal Investigator whose professional qualifications are consistent with the Secretary of the Interior’s professional qualification standards (https://www.nps.gov/history/local-law/arch_stnds_9.htm). • Projects must result in tangible outcomes which address a preservation goal, and which are consistent with the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (https://www.nps.gov/history/local-law/arch_stnds_0.htm), as applicable • All written material must acknowledge receipt of federal funding as well as include a non-discrimination statement. • A Grant Agreement between the SHPO and the responsible parties must be signed before any federal funds may be disbursed. o Content: The Grant Agreement contains the approved scope of work, budget, project performance period, detailed performance schedule, list of activities to be accomplished, and references to the performance standards, stipulations, and federal regulations appropriate to the project, including: non- discrimination, political activities, disclosure of information, conflict of interest, insurance, handicapped accessibility, and record retention and accessibility. o Signatories: If the CLG is administering the grant, the CLG’s Authorized Official (e.g. Mayor, Town Manager, or other government staff with oversight responsibility) must sign the Grant Agreement. If the project will be administered by a third party (e.g., an educational institution) on behalf of the CLG, the Grant Agreement is made between the SHPO and the third party, with the CLG’s concurrence. 2 85

Item 11. • All activities and expenses associated with the grant including the hiring of a consultant are to take place between the start and end dates indicated in the Grant Agreement or in any amendment to it. Start and end dates vary by year and by the nature of the project. Any extension to the end date requires written approval by SHPO. • Matching Share: o The project budget must indicate a local match, either in cash or in kind, equal to a minimum of at least 40% of the total project costs. o A CLG may partner with another entity that is willing to provide all or part of the matching funds for a project. If the project will be administered by a third party on the CLG’s behalf, that party may be contractually obligated to provide the match. In either case, the CLG must remain engaged in the project, including ensuring that the required match is expended. • CLGs may not charge for grant-funded programs except to cover associated direct costs that will not be reimbursed with grant funds (e.g., providing meals for workshops), in accordance with federal rules. • CLG grants are funded on a reimbursable basis and requests for reimbursement of project costs are made either on a quarterly basis on a schedule indicated in the Grant Agreement, or at the close-out of the grant. Each request for reimbursement which contains evidence of grant approved expenditures will be reimbursed at up to 60% of the documented expenditures, but in no case will the reimbursement of expenses exceed the grant award. SHPO may retain up to 20% of the awarded grant funds until the tangible grant outcome is achieved/produced. The Grant Agreement will stipulate the last date on which a request for reimbursement of grant expenses can be submitted. Administrative Requirements: As part of the grant application (see Attachment 3), the CLG’s authorized representative certifies that administrative requirements have or will be met, ensuring that the CLG: • Has complied with all requirements of Delaware’s CLG Program including timely submittal of their annual report outlining CLG commission actions and activities for the prior year; • Has a satisfactory record of integrity, judgment, and performance especially related to performance of grants and contracts; • Has adequate financial resources for performance, as well as the necessary experience, technical qualifications, and facilities; • Has an adequate accounting system and auditing procedures to provide effective accountability and control of property, funds and assets sufficient to meet federal audit requirements; • Agrees to abide by applicable Federal regulations in the expenditure of Federal funds and performance under this program (2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards) and the National Park Service’s HPF Grants Manual; • Has financial and compliance audits in accordance with the Single Audit Act Amendments of 1996, and OMB- Circular A-133, and submission of the audit report which covers the period of the grant to the SHPO Grant Manager; • Has conformed with federal debarment requirements as well as statutes relating to non-discrimination; and • Has complied with provisions of the Hatch Act which limits political activities of employees whose principal employment responsibilities are funded in whole or in part with federal funds. ELIGIBLE GRANT ACTIVITIES Several broad categories of projects have been approved for CLG grant funding. Within these categories, the CLG may choose specific activities which align with their local needs. If uncertain as to whether a proposed project might qualify for grant funding, applicants should discuss their proposals with the SHPO Grant Manager prior to submittal. For collaborative projects, prior notification of the SHPO Grant Manager is required. The allowable grant activities and the requirements related to each are outlined below. Historic Property Surveys: • An historic property survey project should reflect a defined area, and may be conducted at either identification or evaluation level. 3 86

Item 11. • Identification surveys identify and gather data on a community’s historic resources. They require the preparation of standard survey forms, maps and a report. Evaluation surveys build on the identification survey by developing contexts under which the significance of properties can be determined. The final report also specifies the boundary of any property or area which has been determined to have adequate significance and integrity to be eligible for listing in the National Register of Historic Places, as well as all contributing buildings/structures. • For areas surveyed more than 20 years ago, the CLG may conduct update surveys. Such surveys must produce Delaware Cultural Resource Survey (CRS) forms, maps and photographs which conform to current standards. • All survey projects must produce a survey report which meets the applicable federal standards and state guidance contained in the SHPO’s guidelines, “Architectural Surveys in Delaware” (Feb. 2015), including forms and photographs. CRS forms are submitted online through the Cultural and Historical Resource Information System. Photographs should be in original TIFF, or first-generation JPEG converted to TIFF. • The application’s project narrative must indicate the type of survey (identification, evaluation or update); a written description as well as a map of the area to be surveyed; and the estimated acreage and number of properties within the survey area. Final reports must indicate the number of acres actually surveyed (this data is reported annually to the National Park Service). • Survey reports, which are in compliance with the SHPO’s guidelines, “Architectural Surveys in Delaware” (Feb. 2015) are submitted to the assigned SHPO Reviewer and the SHPO Grant Manager in digital format for initial review in accordance with the schedule in the Grant Agreement. Final reports must be submitted prior to the end date of the grant in both electronic, and, if not a section of a larger document, printed form. • Historic Property Survey projects require oversight by a Principal Investigator (PI) who meets the professional qualification standards contained in 36 CFR 61. If the PI for this project is a staff member or intern employed by the CLG (or a partnering/third party entity, if applicable), then their resume should be attached to the application. If the CLG will hire a consultant to carry out this project, then the resume of the PI should be provided to the SHPO Grant Manager when the consultant or entity has been determined. The PI should contact the SHPO Historic Property Research Center Manager prior to initiating any survey project in order to review the existing information on file and assess requirements. National Register Nominations or Amendments: • A National Register project consists of preparing a National Register nomination for an individual property, or historic district, or amending or providing significant additional information for a district or property already listed in the National Register. Completing or updating CRS forms is also required if the property was not previously surveyed or existing survey data does not meet current standards. • The name of the property/properties to be nominated or updated need not be known at the time of application, but the CLG is encouraged to consider a range of property types, including those currently underrepresented in the National Register and/or identified as a priority in the current Delaware State Historic Preservation Plan. • Within two months of the grant award, the CLG must provide the SHPO National Register Coordinator with a list of any properties being considered for nomination. A CLG representative would then arrange a site visit with the National Register Coordinator, nomination authors, and the property owner to determine the property’s potential for nomination and to discuss the research criteria that would be required to support the nomination. • Within four months of the grant award, the CLG should provide the National Register Coordinator with an outline which includes but is not limited to: name of property; likely period of significance; applicable National Register criterion, area(s) and level of significance; brief description of the property’s integrity; proposed areas of research (including consideration of archaeological resources, if applicable); anticipated number of contributing and non-contributing properties; proposed boundary; property owner’s name and address; name of nomination author(s); and the proposed schedule for completion of the nomination. • The CLG must allow adequate time in the schedule for the National Register Coordinator to review and comment on drafts of the text of the nomination and for the author(s) to address such comments prior to submittal of the final draft. • Final drafts of nominations are to be submitted electronically by the end of the grant period. The National Register Coordinator will provide guidance as to the requirements for the submittal. In general, such submittals will include: the nomination form in Word format with all fields completed but editable; individual, unaltered TIFF photographs with labels and a photo key; a USGS topographical map showing the location of the property/historic district; a site map showing the nominated boundary (including coordinates) and the location 4 87

Item 11. of contributing/non-contributing properties; and other supporting documentation with a list of figures, as needed. • The final draft submittal must also include the names and addresses of property owners, to allow formal notifications required by federal and state rules. The CLG is responsible for providing the property owners with a copy of the draft and final draft nominations for their review and comment, prior to public presentations. • The CLG is responsible for obtaining approvals of its local commission, and for preparing and presenting a PowerPoint presentation before the State Review Board for Historic Preservation. This may take place outside the grant period, but whenever feasible the schedule should allow for the nomination to be heard by the local commission and State Review Board within the same federal fiscal year. The CLG must inform the National Register Coordinator and the SHPO Grant Manager if the local commission requires changes to the nomination after it has been approved by SHPO, and provide a revised copy of the final nomination. The CLG and SHPO will coordinate on addressing any changes recommended by the State Review Board. • National Register projects usually require oversight by a Principal Investigator (PI) who meets the professional qualification standards contained in 36 CFR 61. If the PI for this project is a staff member or intern employed by the CLG (or a partnering/third party entity, if applicable), then their resume should be attached to the application. If the CLG will hire a consultant to carry out this project, then the resume of the PI should be provided to the SHPO Grant Manager when the consultant or entity has been determined. If students are assisting with nomination research and contributing to the writing of a nomination, their name and that of their faculty advisor should be submitted as soon as that information is known. The PI should update the National Register Coordinator on their progress in completing the nomination on a monthly basis. Preservation Planning Assistance: • A planning report may address any preservation related topic which is of concern to the CLG. Some examples of planning projects are: preparation or update of the historic preservation component of a municipal or county comprehensive plan; development of an historic context; development of or revisions to an historic zoning ordinance; or assessment to expand a local zoning or National Register historic district. • Planning projects must produce a report or draft document which meets applicable Standards. In the application, the project narrative should indicate the type of planning document to be produced; the geographic area of impact; for contexts, the theme, time period and geographic zone; and if the project will produce a new or a revised document. SHPO will assign a staff member to perform an initial review and provide comments on planning reports. Final reports must be submitted to the SHPO Grant Manager prior to the end date of the grant period in both electronic and printed form. • Preservation Planning projects generally require oversight by a Principal Investigator (PI) who meets the professional qualification standards contained in 36 CFR 61. If the PI for this project is a staff member or intern employed by the CLG (or a partnering/third party entity, if applicable), then their resume should be attached to the application. If the CLG will hire a consultant to carry out this project, then the resume of the PI should be provided to the SHPO Grant Manager when the consultant or entity has been determined. Outreach to Public on Preservation Issues: • Outreach projects may include, but are not limited to: technical or informational workshops or seminars (in- person or virtual); brochures addressing issues such as design review guidelines, local zoning laws, driving or walking tours; or web pages on the aforementioned topics. • The CLG is encouraged to discuss specific public outreach proposals with the SHPO Grant Manager in advance of applying to ensure that the topic is eligible for grant funding. In the application, the following questions should be answered, as appropriate. • Who is the intended audience for the project and why is that constituency targeted? • If a program/workshop/conference is proposed, how many people are expected to attend? [In-person programs must be held at handicapped accessible locations and should be free. If a fee is to be charged, it should be limited to only direct costs that are not reimbursable by the grant, e.g. for covering meals. For virtual programs, please indicate the anticipated platform to be used.] • What form will the publication take? How will it be disseminated? If printed materials are an element of a project, how many copies will be produced? [Examples of published materials include: web pages, GIS-based story maps, brochures, pamphlets, monographs, reports, videos or PowerPoint presentations. The number of copies of printed materials should be adequate to disseminate the information it contains to the intended audience. Published material must be distributed without charge.] 5 88

Item 11. • Project oversight by a consultant, partnering entity, or a staff member who meets the professional qualification standards may or may not be required, depending on the nature of the outreach. If professional assistance is part of the project, the application should indicate this. Public Outreach projects also often involve volunteers (see section on Allowable Costs for CLG Grant - Donated Time for further information on how volunteer time is compensated). Training for Commission Members or CLG Staff: • CLGs may seek grant funding to provide commission members and commission staff with training which assists them in fulfillment of their responsibilities or furthers their knowledge of preservation issues. NOTE: Advance approval from the SHPO Grant Manager for attendance at each training/workshop is required. Such approval may be obtained when the grant is initiated or may be requested during the grant period. If such approval is not obtained prior to the workshop/training event, costs related to it will not be reimbursed. • In the CLG grant application, include the following information: o the name of the workshop/training and the organization that is providing it; o whether the workshop/training will occur in-person, virtually or be taken online o the anticipated date(s) of the workshop/training o if in-person, the location and mode of travel o who will attend/participate, and how it will benefit those attending. • On-line training courses and/or participation in virtual conferences: costs of course fees and conference registration may be covered with grant funds. • In-person travel: Cost of basic registration (no tours unless directly related to training), transportation, and lodging may be covered by grant funds. Restrictions may apply. • Contracting with the National Alliance for Preservation Commissions (NAPC) to provide its Commission Assistance and Mentoring Program (CAMP) is an allowable project under this category. Support for 36 CFR 61 Qualified Staff or Intern: • The resume of the 36CFR qualified staff person or consultant to be supported in whole or in part by grant funding must be attached to the grant application. • Staff that will be supported by grant funds must carry out projects which fit the approved categories above, and/ or technical assistance to the CLG as described in the list of activities below. The application must define the proposed projects, state the categories of technical assistance that will be included in the grant and the estimated number of cases in each category. Approved technical assistance activities are: o To administer the grant project, including all required reports; o To provide information on state or local preservation plan goals and priorities to the public and those within their governmental agency; o To educate themselves, those within their agency, and their boards and commissions regarding historic preservation issues; o To explain the goals and objectives in the State Historic Preservation Plan to those within their governmental agency and the public; o To provide information to their agency regarding preservation goals for inclusion in local land use or agency plans; o To distribute information regarding federal or state historic preservation tax incentives or other federal programs which might meet constituent’s needs; o To assist the public by determining whether their property is potentially eligible for listing in the National Register of Historic Places; o To explain survey or National Register work and train interns to carry out such work; o To review or advise on historic preservation rehabilitation standards to those within their governmental agency or to the public; o To make determinations of eligibility and identifying projects that may affect archaeological resources or National Register-eligible historic properties within their jurisdiction, and advise project managers on ways to avoid or minimize effects; o To review demolition permits and land use changes for their impact on historic properties; and o To assist those within their governmental agency and federal agencies with whom they interact in regard to compliance with Section 106 of the National Historic Preservation Act, including development of Programmatic Agreements. [Note: Costs associated with mitigation activities performed as a condition or pre-condition of obtaining a federal permit or funding by other federal programs are not allowable.] 6 89

Item 11. ALLOWABLE COSTS FOR CLG GRANTS The list below includes most types of allowable costs associated with CLG grants. Note that a number of cost categories require advance discussion with the SHPO Grant Manager. Any proposed cost not indicated in this list should also first be discussed with the SHPO Grant Manager. 1. Advertising – If the advertising is directly related to project activities, and includes required disclaimers. 2. Books – If directly related to project objectives and after prior approval by the SHPO Grant Manager. 3. Personnel Compensation (including wages, salaries and fringe benefits) – These may be paid from the grant or may be matching share as long as the personnel are directly involved with grant activities or administrative or fiscal oversight. In addition to salary, employer’s contributions or expenses for social security, employee’s life and health insurance plans, unemployment insurance coverage, workmen’s compensation insurance, and pension plans are allowable provided such benefits are granted under approved plans and are distributed equitably. Note that benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, sick leave, court leave, military leave, and the like, are allowable only if the cost is equitably allocated. 4. Capital Expenditures (Costs Over $500) – Requires prior approval from SHPO Grant Manager. 5. Donated Time – Volunteer time may be used as a part of the matching share if it is integral and necessary to the project. The application should indicate the estimated number of hours and the hourly rate claimed for each volunteer. Rates claimed for volunteer services within their area of professional expertise (e.g. lawyer’s performing legal services) must be consistent with rates paid for similar work in State government, up to a maximum of $50 (Contact SHPO Grant Manager to discuss rates). For all others, the Delaware minimum wage rate must be used. 6. Exhibits – If the exhibit is temporary and the topic is related to grant objectives. 7. Indirect Costs – If developed in accordance with applicable indirect cost principles and based on a current provisional rate awarded by a federal agency in accordance with an approved cost allocation plan. Include a copy of the indirect cost plan approval, and documentation of the approved rate, the time period which it covers, and the cost categories covered by the rate. NOTE: The SHPO caps this rate at 25%. The cap on overhead was advised by the NPS, to ensure that total administrative costs for the entire HPF grant (SHPO funds and those allocated to CLGs) do not exceed the 25% limit in the National Historic Preservation Act, the enabling legislation of the HPF grant program. 8. Materials and Specialized Supplies – If these supplies are directly related to project goals; general stationery and office supplies are excluded. 9. Mileage – reimbursable only up to the approved state mileage rate (currently $ .40 per mile). This may be an approved cost either for travel (such as to conferences) or for transportation costs incurred for carrying out other program activities (such as survey). Discuss with the SHPO Grant Manager. 10. Postage and Shipping – If directly related to project objectives. 11. Printing and Reproduction – If directly related to project objectives (includes photo reproduction and duplication, and photocopying). 12. Professional and Consultant Services – Procurement of services is to be conducted in a manner that provides open and free competition (Discuss with SHPO Grant Manager). The maximum rate of pay may not exceed 120% of a Federal Civil Service GS-15 Step 10 salary, divided by 2087 hours (currently $81.84 per hour). 13. Registration – For attendance at conferences/workshops (basic registration only – no special tours unless directly related to HPF program areas) and online participation in virtual conferences/workshops (SHPO Grant Manager must approve attendance in advance). 14. Travel – Costs of transportation to and from the conference at the state approved mileage rate between the attendee’s home or office and the conference location. Public transportation is reimbursed at cost when receipts are provided. Lodging at the federal per diem rate is also allowed. Other restrictions may apply (contact the SHPO Grant Manager). 7 90

Item 11. GRANT APPLICATION PACKET and FORMS The Authorized Representative/Chief Elected Official for each CLG will be notified annually of grant availability. This notification will indicate the tentative award amount and the due date for grant applications which varies annually (dependent on passage of the federal budget and notice of the funding opportunity). No late submissions will be accepted without prior approval. Any excess grant funds will be re-assigned in accordance with the criteria outlined above. Please email grant applications as a scanned pdf (limited to 10 MB) to: gwen.davis@delaware.gov. If the application must be sent by US mail, please notify the SHPO Grant Manager at the above email address, first. Mailed (or hand-delivered) applications may be sent to: Gwen Davis, Deputy SHPO, Division of Historical and Cultural Affairs 21 The Green, Dover, DE 19901 Upon receipt, applications will be reviewed to determine if they meet the requirements outlined in these guidelines. The CLG’s Project Coordinator listed on the application cover form will be contacted if there are any questions regarding the proposed project. The CLG grant application packet consists of four main sections. Attach any supplementary materials required to support the project as outlined in the Eligible Grant Activities section above. 1. CLG Grant Application Packet Cover Form (Attachment 1 form): Indicate the name of the project, the project contacts, and provide a short description of the project. 2. Project Narrative: A detailed description of the project, limited to no more than three typed pages, and addressing all of the questions outlined below for each project activity to be included as part of the project: What: What will be achieved as a result of the project? All projects must result in some tangible outcome/product. [See the Eligible Grant Activities section for further guidance.] Where: Where is the geographic area that will be impacted by the project? [Provide a map, as needed.] Why: Why is the proposed activity important to your community? Indicate benefit to historic preservation in your community that would result from the project. Indicate the objectives in Delaware’s State Historic Preservation Plan that would be met by the project. How: How will the activity be undertaken? Indicate the methods to be employed to achieve your objectives. Who: Who will be involved in the project? Provide the names and/or titles of all personnel who are to be involved in the project indicating their role. For known project personnel who will serve as a Principal Investigator, provide their resume. NOTE: If the project will be administered by a third party (e.g., an educational institution), the application must clearly state that the CLG is delegating administration of the grant to that third party. When: Indicate the schedule for completing project work. If there are specific events, when will they happen? If there are reports, when will they be completed? 3. Project Budget (Attachments 2 and 2A forms, or equivalent): The project budget information must indicate all costs associated with the project, as well as information related to the donor, source, kind, and amount of non-federal (matching) funds for the project. Please refer to the above guidance on Allowable Costs for CLG Grants, and see Attachment 2A for guidance on defining applicant match that may be contributed by the applicant or a third party. Applicants may use Attachments 2 and 2A to provide the budget information, or use their own project budget forms as long as they contain equivalent information. 4. Statement of Assurances for CLG Grants (Attachment 3 form): Certification that the CLG is in compliance with the administrative requirements of the grant program. It must be signed by the chief elected official/authorized representative of the CLG. 8 91

Item 11. Attachment 1 CLG GRANT APPLICATION PACKET COVER FORM CLG Applicant: Contact Responsible for Responsible for If Applicable* Person Program Management Fiscal Management Responsible Third Party Entity Name/ Title Address Phone Email * If the CLG will delegate administration of the grant to a third party, please clearly state that in the Project Narrative and provide the name of the third party entity and contact information for its program and fiscal managers that will administer the grant. Indicate Attachments: □ Project Narrative (maximum of 3 pages) □ Statement of Assurances (Attachment 3) □ Project Budget (Attachment 2 or equiv.) □ Resume of Principal Investigator □ Applicant Match (Attachment 2A or equiv.) □ Other _____________________________ Eligible Grant Activities (check all that apply): □ Survey □ Commission/Staff Training □ National Register □ Public Outreach □ Planning □ Support for CLG Staff Short summary of the application’s goals and activities including the time frame of the project: 9 92

Item 11. Attachment 2 PROJECT BUDGET FORM (Complete applicable sections; round to nearest dollar) COST CATEGORIES COSTS TOTALS Personnel Salary and Fringes # of hrs. (Rate $ ) $ # of hrs. (Rate $ ) $ # of hrs. (Rate $ ) $ # of hrs. (Rate $ ) $ Personnel Total $ Volunteers (This must be listed in Attachment 2A) # of hrs. (Rate $ ) $ # of hrs. (Rate $ ) $ # of hrs. (Rate $ ) $ # of hrs. (Rate $ ) $ Volunteer Total $ Consultant Services (Name, if known, and rate/hr.) $ Consultant Total $ Supplies and Expenses (List specific cost categories) $ $ $ $ $ $ Supplies and Expenses Total $ Indirect Cost Rate (see Allowable Costs for CLG Grants) ($ X %) $ TOTAL PROJECT COSTS $ FEDERAL SHARE REQUESTED $___________ 9 93

Item 11. Attachment 2A APPLICANT MATCH (To be provided by applicant or an entity partnering with the CLG) Donor: Donor: Source: Source: Kind: Kind: Amount: Amount: Donor: Donor: Source: Source: Kind: Kind: Amount: Amount: TOTAL MATCH: $ (Must equal or exceed 40% of the total project costs) Definitions to be used to complete the information above: Donor: Indicate applicant’s name or list name(s) of other donor(s) Source: Indicate the source of the funds (examples: operating funds, private donation, appropriated funds) Kind: Indicate the kind of match (examples: cash, applicant personnel or in-kind services, donated/volunteer time, or indirect costs (with a federally approved indirect cost plan) Amount: For each kind of applicant match indicate the dollar amount 10 94

Item 11. Attachment 3 STATEMENT OF ASSURANCES FOR CLG GRANTS As a duly authorized representative of the government which is applying for this federal CLG Grant, I certify the following statements to be true. 1. The applicant has complied with all requirements of Delaware’s CLG Program including timely submittal of their annual report outlining CLG commission actions and activities for the prior year. 2. The applicant has a satisfactory record of integrity, judgment, and performance, especially with prior performance of grants and contracts. 3. The applicant will be able to comply with the proposed completion schedule for the project. 4. The applicant has adequate financial resources for performance, as well as the necessary experience, technical qualifications, and facilities. 5. The applicant has an adequate accounting system and auditing procedures to provide effective accountability and control of property, funds and assets sufficient to meet federal audit requirements. 6. The applicant will comply with all applicable requirements of the federal Office of Management and Budget’s (OMB) regulations 2 C.F.R. Part 200 and the National Park Service’s Historic Preservation Fund Grants Manual. 7. The applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996, and OMB-Circular A-133. 8. The applicant is in conformance with all federal statutes relating to non-discrimination, and will execute a U.S. Department of the Interior Civil Rights Assurance of Compliance as part of their Letter of Agreement. 9. The applicant will comply with provision of the Hatch Act which limit political activities of employees whose principal employment responsibilities are funded in whole or in part with federal funds. 10. The applicant is not debarred from receiving federal funds. 11. The applicant will comply with the Grant Requirements outlined in application guidelines, and with the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects, as applicable. Signature of CLG Authorized Representative Date Typed Name and Title of Authorized Representative Applicant (Municipality or County) 11 95

Item 11. The activities funded under the CLG grant program are financed in part with federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity funded by this Program, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street, N.W., Washington, D.C. 20240. Rev. 2020 12 96