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EXHIBIT #1 Regular Council Meeting of 11/13/2007 FIRST AMENDMENT TO ENERGY MANAGEMENT AGREEMENT This First Amendment to Energy Management Agreement (this “First Amendment”), dated and made effective as of November _____, 2007, is entered into by and between Dover, Delaware, a municipal corporation of the State of Delaware (“Dover”), and Pace Global Asset Management, LLC, a Virginia limited liability company (“Energy Manager”). Dover and Energy Manager are sometimes referred to herein, individually, as "Party" and, collectively, as "Parties." All capitalized terms, which are not defined herein, shall possess the meanings allocated to them in the Agreement. W H E R E A S: WHEREAS, Dover and Energy Manager entered into that certain Energy Management Agreement (the “Agreement”), dated as of May 4, 2006, which the Parties now desire to amend pursuant to the terms and conditions set forth in this First Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this First Amendment, and intending to be legally bound hereby, the Parties agree as follows: 1. The defined terms “Portfolio Unit Cost,” “Recommended Initial Hedges,” and “UCC” shall be deleted in their entirety from Article 1 of the Agreement. 2. The following term and definition shall be added to Article 1 of the Agreement: “‘Forward Market Price’, for purposes of Section 8.2, means the forward price per MWh of wholesale, delivered power for the PJM–DPL zone as of March 31st for each month of the upcoming Hedge Year. In order to determine such price, Energy Manager, on behalf of Dover, will obtain by March 31st (or the next business day following that date) a minimum of three (3) price quotes ($/MWh) from qualified counterparties in the market for the upcoming Hedge Year’s unhedged requirements and then use for the forward price for each month of the Hedge Year the average of the quotes except for the highest quote.” 3. In Section 2.1 of the Agreement, (a) the date “June 30, 2010” in the first sentence thereof shall be deleted in its entirety and replaced with the date “June 30, 2011;” and (b) the reference to “Sections 8.1(e) and 8.2” in the fourth sentence thereof shall be deleted in its entirety and replaced with a reference to “Sections 8.1(c) and 8.2.” 4. In Section 2.2 of the Agreement, the first sentence thereof is deleted in its entirety and replaced with the following: “Section 2.2 Early Termination. Notwithstanding Section 2.1 hereof, Dover may terminate this Agreement for convenience, effective July 1, 2010 (“Early Termination Date”) upon not less than sixty (60) days prior written notice to Energy Manager; provided, however, that in the event Dover terminates this Agreement effective at the end of July 1, 2010,

Dover will pay Energy Manager an early termination fee (the “Early Termination Fee”) equal to Two Hundred Forty Thousand Two Hundred Fifty Dollars ($240,250.00).” 5. Section 8.1 of the Agreement is deleted in its entirety and replaced with the following: “Section 8.1 Monthly Payment. For work performed as set forth in Articles 4, 5 and 6 hereof, Dover shall pay the Energy Manager the following fees during the Initial Term and the first Extended Term, if any, of this Agreement: (a) From the Effective Date through June 30, 2007, One Hundred Eighty-One Thousand Two Hundred Fifty Dollars ($181,250.00) per month; (b) during the period July 1, 2007 through June 30, 2011, One Hundred Sixty-Six Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven Cents ($166,666.67) per month; and (c) during the period July 1, 2011 through June 30, 2012, One Hundred Seventy-One Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven Cents ($171,666.67) per month.” 6. Section 8.2 of the Agreement is deleted in its entirety and replaced with the following: “Section 8.2 Incentive Fee. (a) In accordance with the Risk Management Policies and Procedures, Energy Manager will recommend in writing to Dover hedges for the Project’s Fuel and Power requirements (including FTRs, if available) as required to meet its load during each month during each July through June period during the Initial Term and first Extended Term (each such July through June period, a “Hedge Year”). All hedges recommended by Energy Manager and executed by Dover as of March 31st of any given year will be used to establish the Benchmark Unit Cost of Supply for the upcoming Hedge Year. The “Benchmark Unit Cost of Supply” means for each month of the Hedge Year, the price per MWh that is equal to the sum of (i) the weighted average price per MWh of the month’s hedges executed as of March 31st immediately prior to the Hedge Year and unhedged requirements (the unit price of which shall be equal to the Forward Market Price for the month), plus (ii) a fixed adder of $7.50 per MWh to reflect supply costs including VLR and as a proxy for the margin in a full requirements contract (collectively, the “Other Supply Costs”). The Benchmark Unit Cost of Supply does not include losses, ancillaries, or transmission (including seams, FERC fees, PJM charges), which shall be passed through to Dover. An example of such calculation of the Benchmark Unit Cost of Supply is set forth in Appendix C-1 hereto. For the second Hedge Year, the Benchmark Unit Cost of Supply will be Eighty Dollars and Seventy-Seven Cents ($80.77) per MWh as set forth in Appendix C-2 hereto. Thereafter, Energy Manager will notify Dover in writing by April 30th of the Benchmark Unit Cost of Supply for each month of the upcoming Hedge Year.

(b) At the end of the second Hedge Year and each Hedge Year thereafter, Energy Manager will calculate the following: (i) the “Aggregate Benchmark Cost of Supply” which shall mean, for any month, the Benchmark Unit Cost of Supply multiplied by the actual load at the appropriate loss level for the month; (ii) the “Aggregate Actual Cost of Supply” which shall mean, for any month, the sum of all costs actually incurred by Dover for Fuel and Power for the actual load during the month, including gains and losses on all hedges (which include sales of Energy from the Project) and Other Supply Costs for the month; and (iii) the “Gross Incentive Amount” which shall mean, for a Hedge Year, the sum of the following differences for each month in the Hedge Year: (a) the Aggregate Benchmark Cost of Supply for the month, minus (b) the Aggregate Actual Cost of Supply plus the monthly payment received by Energy Manager as set forth in Section 8.1 hereof for the month. For the first Hedge Year (i.e., July 1, 2006 through June 30, 2007), Dover shall pay Energy Manager an incentive fee equal to Nine Hundred Seventy-Eight Thousand Dollars ($978,000.00). For each Hedge Year thereafter, if the Gross Incentive Amount for the Hedge Year is a positive value, Dover shall pay Energy Manager an amount equal to thirty-five percent (35%) of such Gross Incentive Amount, but not to exceed One Million Dollars ($1,000,000.00). If the Gross Incentive Amount for the Hedge Year is a negative value, no incentive fee shall be payable to Energy Manager. An example of such calculation of the Gross Incentive Amount is set forth in Appendix D hereto. Any amounts due pursuant to this Section 8.2(b), may be paid, at the sole option of the payor, in either a lump sum or twelve (12) equal monthly installments; provided, however, that upon expiration or Dover’s termination of this Agreement as set forth in Section 2.2 hereof, any amounts due by a Party, or any unpaid portion thereof, shall be immediately due and payable. The lump sum or the first installment shall be due by the end of the month immediately following the end of the applicable Hedge Year. 7. Appendix C of the Agreement shall be deleted in its entirety and replaced with Appendix C attached hereto. 8. Appendix D of the Agreement shall be deleted in its entirety and replaced with Appendix D attached hereto. Except as specifically amended or waived by this First Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between 3

the terms and conditions set forth in this First Amendment and the terms and conditions set forth in the Agreement, the terms and conditions set forth in this First Amendment shall control. IN WITNESS WHEREOF, each of the Parties has caused this First Amendment to be executed by its duly authorized officer as of the date first written above. DOVER, DELAWARE PACE GLOBAL ASSET MANAGEMENT, LLC By: By: Name: Name: Title: Title: Date: Date:

APPENDIX C EXAMPLE OF BENCHMARK COST OF SUPPLY CALCULATION HEDGED (FIXED) POSITIONS UNHEDGED (OPEN) POSITIONS1 Column [1] [2] [3] [4] [5] [6] Column [7] [8] [9] [10] [11] [12] [1] x [2] [4] x [5] [7] x [8] [10] x [11] ON-PEAK POWER OFF-PEAK POWER ON-PEAK POWER OFF-PEAK POWER Volume Wtd Average Volume Wtd Average Volume Market Price Volume Market Price (MWH) Fixed Price Total Cost (MWh) Fixed Price Total Cost (MWH) as of 3/31 Total Cost (MWh) as of 3/31 Total Cost July 34,000 $90.00 $3,060,000 25,000 $55.00 $1,375,000 July 6,000 $90.00 $540,000 14,000 $60.00 $840,000 August 38,000 $90.00 $3,420,000 22,000 $55.00 $1,210,000 August 9,000 $95.00 $855,000 13,000 $60.00 $780,000 September 27,000 $90.00 $2,430,000 24,000 $55.00 $1,320,000 September 9,000 $85.00 $765,000 11,000 $50.00 $550,000 October 25,000 $90.00 $2,250,000 18,000 $55.00 $990,000 October 8,000 $85.00 $680,000 11,000 $50.00 $550,000 November 24,000 $90.00 $2,160,000 18,000 $55.00 $990,000 November 8,000 $85.00 $680,000 10,000 $45.00 $450,000 December 21,000 $90.00 $1,890,000 20,000 $55.00 $1,100,000 December 8,000 $90.00 $720,000 14,000 $45.00 $630,000 January 25,000 $90.00 $2,250,000 20,000 $55.00 $1,100,000 January 10,000 $85.00 $850,000 13,000 $50.00 $650,000 February 24,000 $90.00 $2,160,000 18,000 $55.00 $990,000 February 8,000 $85.00 $680,000 11,000 $50.00 $550,000 March 18,000 $90.00 $1,620,000 16,000 $55.00 $880,000 March 14,000 $85.00 $1,190,000 12,000 $50.00 $600,000 April 20,000 $90.00 $1,800,000 15,000 $55.00 $825,000 April 11,000 $85.00 $935,000 12,000 $50.00 $600,000 May 24,000 $90.00 $2,160,000 18,000 $55.00 $990,000 May 12,000 $85.00 $1,020,000 11,000 $55.00 $605,000 June 30,000 $90.00 $2,700,000 18,000 $55.00 $990,000 June 8,000 $90.00 $720,000 15,000 $60.00 $900,000 Annual Total 310,000 $27,900,000 232,000 $12,760,000 Annual Total 111,000 $9,635,000 147,000 $7,705,000 TOTAL PORTFOLIO (SUM OF HEDGED AND UNHEDGED) Column [13] [14] [15] [16] [17] [18] [1] + [7] [4] + [10] [13] + [14] [3] + [9] [6] + [12] [16] + [17] TOTAL VOLUME (MWH) TOTAL COST BENCHMARK UNIT COST OF SUPPLY On-Peak Off-Peak On-Peak Off-Peak Power Power Total Power Power Total July 40,000 39,000 79,000 $3,600,000 $2,215,000 $5,815,000 August 47,000 35,000 82,000 $4,275,000 $1,990,000 $6,265,000 September 36,000 35,000 71,000 $3,195,000 $1,870,000 $5,065,000 Total Cost (Column [18]) $58,000,000 October 33,000 29,000 62,000 $2,930,000 $1,540,000 $4,470,000 Divided By: Total Volume (Column [15]) 800,000 November 32,000 28,000 60,000 $2,840,000 $1,440,000 $4,280,000 December 29,000 34,000 63,000 $2,610,000 $1,730,000 $4,340,000 Weighted-Average Energy Cost/MWH $72.50 January 35,000 33,000 68,000 $3,100,000 $1,750,000 $4,850,000 February 32,000 29,000 61,000 $2,840,000 $1,540,000 $4,380,000 Plus: Other Supply Costs Adder Per Contract $7.50 March 32,000 28,000 60,000 $2,810,000 $1,480,000 $4,290,000 April 31,000 27,000 58,000 $2,735,000 $1,425,000 $4,160,000 Equals: BENCHMARK COST OF SUPPLY $80.00 May 36,000 29,000 65,000 $3,180,000 $1,595,000 $4,775,000 June 38,000 33,000 71,000 $3,420,000 $1,890,000 $5,310,000 Annual Total 421,000 379,000 800,000 $37,535,000 $20,465,000 $58,000,000 1 Unhedged positions for each month are valued based on the Forward Market Price for PJM West, DPL Zone as of March 31 prior to the start of the Fiscal Year as. 1 determined by averaging all but the highest of at least three (3) market quotes for firm delivery of such power. C-1

APPENDIX C (continued) SECOND HEDGE YEAR (2007-2008) BENCHMARK COST OF SUPPLY CALCULATION 1 HEDGED (FIXED) POSITIONS UNHEDGED (OPEN) POSITIONS Column [1] [2] [3] [4] [5] [6] Column [7] [8] [9] [10] [11] [12] [1] x [2] [4] x [5] [7] x [8] [10] x [11] ON-PEAK POWER OFF-PEAK POWER ON-PEAK POWER OFF-PEAK POWER Market Price Market Price Volume Wtd Average Volume Wtd Average Volume as of Volume as of (MWH) Fixed Price Total Cost (MWh) Fixed Price Total Cost (MWH) 12/27/06 Total Cost (MWh) 12/27/06 Total Cost July 40,320 $87.44 $3,525,564 30,600 $68.57 $2,098,140 July - $66.30 $0 9,267 $66.30 $614,402 August 44,160 $87.44 $3,861,332 28,200 $68.57 $1,933,580 August 2,242 $66.30 $148,645 6,692 $66.30 $443,680 September 33,440 $75.53 $2,525,556 29,120 $66.50 $1,936,584 September 2,490 $66.30 $165,087 4,689 $66.30 $310,881 October 31,280 $75.39 $2,358,144 22,560 $69.90 $1,576,850 October 1,649 $66.30 $109,329 5,429 $66.30 $359,943 November 28,560 $75.39 $2,153,088 23,040 $69.90 $1,610,400 November 1,770 $66.30 $117,351 4,168 $66.30 $276,338 December 27,200 $77.22 $2,100,480 25,440 $68.77 $1,749,530 December 1,905 $66.30 $126,302 6,922 $66.30 $458,929 January 29,920 $89.78 $2,686,112 25,480 $66.69 $1,699,320 January 4,901 $66.30 $324,936 6,354 $66.30 $421,270 February 28,560 $89.78 $2,564,016 23,400 $66.69 $1,560,600 February 2,022 $66.30 $134,059 4,139 $66.30 $274,416 March 23,520 $74.44 $1,750,812 22,440 $68.72 $1,542,036 March 8,783 $66.30 $582,313 6,243 $66.30 $413,911 April 24,640 $72.76 $1,792,824 20,240 $64.45 $1,304,376 April 5,280 $66.30 $350,064 6,143 $66.30 $407,281 May 28,560 $72.57 $2,072,616 24,480 $58.17 $1,423,920 May 6,450 $66.30 $427,635 4,815 $66.30 $319,235 June 36,960 $82.11 $3,034,836 23,040 $58.17 $1,340,160 June 1,813 $66.30 $120,202 9,318 $66.30 $617,783 Annual Total 377,120 $30,425,380 298,040 $19,775,496 Annual Total 39,305 $2,605,922 74,179 $4,918,068 TOTAL PORTFOLIO (SUM OF HEDGED AND UNHEDGED) Column [13] [14] [15] [16] [17] [18] [1] + [7] [4] + [10] [13] + [14] [3] + [9] [6] + [12] [16] + [17] TOTAL VOLUME (MWH) TOTAL COST BENCHMARK UNIT COST OF SUPPLY On-Peak Off-Peak On-Peak Off-Peak Power Power Total Power Power Total July 39,464 39,867 79,331 $3,525,564 $2,712,542 $6,238,106 August 46,402 34,892 81,294 $4,009,977 $2,377,260 $6,387,236 September 35,930 33,809 69,739 $2,690,643 $2,247,465 $4,938,108 Total Cost (Column [18]) $57,724,865 October 32,929 27,989 60,918 $2,467,473 $1,936,793 $4,404,265 Divided By: Total Volume (Column [15]) 787,788 November 30,330 27,208 57,538 $2,270,439 $1,886,738 $4,157,177 December 29,105 32,362 61,467 $2,226,782 $2,208,459 $4,435,240 Weighted-Average Energy Cost/MWH $73.27 January 34,821 31,834 66,655 $3,011,048 $2,120,590 $5,131,639 February 30,582 27,539 58,121 $2,698,075 $1,835,016 $4,533,090 Plus: Other Supply Costs Adder Per Contract $7.50 March 32,303 28,683 60,986 $2,333,125 $1,955,947 $4,289,072 April 29,920 26,383 56,303 $2,142,888 $1,711,657 $3,854,545 Equals: BENCHMARK COST OF SUPPLY $80.77 May 35,010 29,295 64,305 $2,500,251 $1,743,155 $4,243,406 June 38,773 32,358 71,131 $3,155,038 $1,957,943 $5,112,981 Annual Total 415,569 372,219 787,788 $33,031,302 $24,693,564 $57,724,865 1 For the second Hedge Year, unhedged positions for each month are valued based on the most recent quote received (and transacted on) in advance of the Hedge Year. That occurred on 12/27/06 1 at an around-the-clock price of $66.30 / MWh.

APPENDIX D EXAMPLE GROSS INCENTIVE AMOUNT CALCULATION 1 Benchmark Unit Cost of Supply/MWH $80.00 2 Aggregate Actual Energy Cost $75.50 3 Gross Incentive per MWH [1] - [2] $4.50 4 Volumes, MWH 800,000 5 Gross Incentive [3] x [4] $3,600,000 6 Less: Base Fees ($2,000,000) 7 Plus: Generation Margin $200,000 8 Eligible Incentive Pool [5] + [6] + [7] $1,800,000 9 Energy Manager Share 35% 10 Energy Manager Incentive [8] x [9] $630,000 INCENTIVE PAYOUT Example @ $80/MWH Benchmark $1,500,000 $1,250,000 Energy Manager Incentive $1,000,000 $750,000 $500,000 $250,000 $0 ($250,000) 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 9. 7 9. 2 8. 7 8. 2 7. 7 7. 2 6. 7 6. 2 5. 7 5. 2 4. 7 4. 2 3. 7 3. 2 2. 7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 Aggregate Actual Cost per MWH No Gen Credits $200K Gen Credits $400K Gen Credits $600K Gen Credits C-3

Total Five Year Year 1 2006/07 Year 2 2007/08 Year 3 2008/09 Year 4 2009/10 Year 5 2010/11 Cost Savings Current $2,175,000.00 $2,240,250.00 $2,307,457.56 $2,376,681.24 $2,447,981.64 $11,547,370.44 $1,372,370.28 Proposed $2,175,000.00 $2,000,000.04 $2,000,000.04 $2,000,000.04 $2,000,000.04 $10,175,000.16 INCENTIVE FEE Total Two Year Year 1 2006/07 Year 2 2007/08 Year 3 2008/09 Year 4 2009/10 Year 5 2010/11 Estimate Estimated Savings 1 Current (No Cap) $1,620,000.00 $1,680,000.00 Unknown Unknown Unknown $3,300,000.00 $1,300,000.00 Cap $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $2,000,000.00 1 Estimated for year 2

EXHIBIT #2 Regular Council Meeting of 11/13/2007 2008 Comprehensive Plan Timeline/Public Outreach Strategy Parks, Recreation and Community Enhancement Committee - October 23, 2007 Winter 2008 4 Public Workshops in Winter 2008 · Growth & Development Questionnaire · 2003 Maps with Amended City Boundaries · Boards with 2003 Goals · Power Point Presentation with Status of 2003 Implementation · Question/Answer Session Combined Meeting – Planning Commission, City Council, Historic District Commission · 2003 Maps with Amended City Boundaries · Boards with 2003 Goals · Power Point Presentation with Status of 2003 Implementation · Question/Answer Session Council Committees · Meet with Council Committees in Winter to Go Over Relevant Sections (Each Section will be assigned a Council Committee for review.) This will be an on-going activity throughout the process. Present Overview · Downtown Dover Development Corporation · Main Street · Dover Parking Authority · Other Organizations as Requested Spring 2008 Workshop with Planning Commission · Present Draft Goals/Recommendations Based on Winter Outreach · Present Draft Land Development Plan · Present Draft Growth and Annexation Plan Council Committees · Continue to Meet with Council Committees 4 Public Workshops · Present Draft Goals/Recommendations Based on Winter Outreach · Present Draft Land Development Plan · Present Draft Growth and Annexation Plan Summer/Fall 2008 · Public Hearing – Planning Commission · Public Hearing – City Council

EXHIBIT #3 Regular Council Meeting of 11/13/2007 Utility Committee (November 6, 2007) Wellhead Protection Only BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B -Zoning Ordinance, Article 3 – District Regulations be amended by inserting the a new section as follows: Section 29 Source Water Protection Overlay Zone (SWPOZ) 29.1 Purpose. The purpose of this Source Water Protection Overlay Zone is to provide a safe drinking water supply and to ensure that groundwater is adequately protected and maintained. The Overlay Zone’s purpose is to protect public health and safety by minimizing contamination of the aquifer and to ensure that the aquifer is property maintained and supplied with clean water through the reduction of impervious surfaces. 29.2 Definitions. Aboveground Storage Tank (AST). An AST is a single containment vessel greater than 250 gallons as defined in the Delaware Regulations Governing Aboveground Storage Tanks. ASTs with a storage capacity greater than 12,499 gallons containing petroleum or hazardous substances, and ASTs with a storage capacity greater than 39,999 gallons containing diesel, heating fuel or kerosene are subject to the design, construction, operation and maintenance requirements of the Delaware AST regulations. Hazardous Material. A material which is defined in one or more of the following categories: Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline. Carcinogenic: A gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. Examples: PCB's in some waste oils. Explosive: A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate. Highly Toxic: A gas, liquid, or solid so dangerous to man as to afford an unusual hazard to life. Example: chlorine gas. Moderately Toxic: A gas, liquid or solid which through repeated exposure or in a single large dose can be hazardous to man. Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

PROPOSED ORDINANCE SEC. 29 SOURCE WATER PROTECTION OVERLAY ZONE (SWPOZ) PAGE 2 Underground Storage Tank (UST). An UST is one or a combination of Tanks including underground Pipes, the volume of which is 10% or more belowground, as defined in the Delaware Regulations Governing Underground Storage Tank Systems. The following USTs are not subject to the design, construction, operation and maintenance requirements of the Delaware UST Regulations: Residential Heating Fuel, Agricultural and Residential Motor Fuel USTs less than 1,100 gallons and any UST less than 110 gallons. 29.3 Use and Bulk Requirements. The uses and bulk standards which govern the underlying zoning designations attached to the properties within the Source Water Protection Overlay Zone shall apply in all instances except where uses are specifically prohibited by this section and except pertaining to Impervious Surface, Ground Cover, and Floor Area Ratio. Where issues of Impervious Surface, Ground Cover, and Floor Area Ratio are concerned, the provisions of the Source Water Protection Overlay Zone are the governing provisions, overriding the existing zoning for the property. 29.4 Zone Boundaries. This section of the Zoning Ordinance encompasses the lands demarcated on the City of Dover Zoning Map as set forth in Article 2 §2 of this Ordinance, as the Source Water Protection Overlay Zone. 29.5 Uses Prohibited. The following uses are specifically prohibited throughout the Source Water Protection Overlay Zone: 29.51 Uses Prohibited a) Automobile body/repair shop, motor vehicle, boat or farm equipment service b) Gas stations and motor vehicle service stations c) Fleet/trucking/bus terminal d) Dry cleaner e) Electrical/electronic manufacturing facility f) Machine shop g) Metal plating/finishing/fabricating facility h) Chemical processing/storage facility i) Wood preserving/treating facility j) Junk yard/scrap yard/salvage yard k) Mines/gravel pit l) Irrigated nursery/greenhouse stock m) Confined animal feeding operations n) Land divisions resulting in high density (>1 unit/acre) septic systems o) Equipment maintenance/fueling areas p) Injection wells/dry wells/sumps, except for single-family residences directing gutter downspouts to a drywell q) Underground storage tanks r) All other facilities involving the collection, handling, manufacture, use, storage, transfer or disposal of any solid or liquid material or waste having potentially harmful impact on groundwater quality s) All uses not permitted in the underlying zone district

PROPOSED ORDINANCE SEC. 29 SOURCE WATER PROTECTION OVERLAY ZONE (SWPOZ) PAGE 3 29.6 Geothermal Wells. Geothermal wells are permitted uses within the Source Water Protection Overlay Zone in accordance with other City and State regulations. 29.7 Reserved 29.8 Tier 2: Primary Wellhead Protection Areas. Lands defined as Tier 2 lands, are areas which have been identified as Primary Wellhead Protection Areas. 29.81 Purpose and Intent. The purpose of the Primary Wellhead Protection Areas is to safeguard the potable water resources of Dover and Kent County and to safeguard the public health, safety, and resources through regulation of land use and development within zones of protection surrounding potable water supply well fields. 29.81(a) Future Land Use. The preferred Future Land Use for all property within Tier 2 lands is Open Space. Where possible, land in Tier 2 should be acquired and reserved for permanent Open Space either through purchase or through the use of Transfer of Development Rights. 29.82 Areas within three hundred (300) feet of the well shall be one hundred (100) percent open space. 29.83 New development within five hundred (500) feet of the well must demonstrate that the new development will not produce, store, transfer or otherwise handle hazardous materials or substances. 29.84 The Primary Wellhead Protection area around the well may be reduced to a one hundred and fifty (150) foot radius provided a hydrogeological report, prepared by a Delaware Registered Geologist and submitted to the satisfaction of the Delaware Geological Survey and the DNREC, is prepared. The report must certify that (1) the minimum 60-day time of-travel from a point to the public water supply well is maintained and (2) the well draws from a confined aquifer. Upon completion of such a report, the regulations governing Tier 1 lands within the Source Water Protection Overlay Zone will apply. 29.85 Runoff. The natural runoff flowing into wellhead areas shall be allowed and all new stormwater run-off shall be diverted around the wellhead protection areas wherever practical. 29.86 The stormwater system’s discharge to Tier 2: Primary Wellhead Protection Areas land shall be by sheet flow through a grassland or discharge from a stormwater management facility having a wetland or aquatic bench. Stormwater runoff from all parking areas shall be directed to a stormwater management facility before it is discharged into a Primary Wellhead Protection Area.

PROPOSED ORDINANCE SEC. 29 SOURCE WATER PROTECTION OVERLAY ZONE (SWPOZ) PAGE 4 29.87 Boundary Disputes. For primary wellhead protection area boundary determinations, a site-specific geological and hydro-geological analysis shall be performed by a State- registered professional geologist and shall be based upon thorough site investigation, subsurface testing and other testing as may be determined appropriate by the City of Dover. 29.9 Tier 1: Secondary Wellhead Protection Areas. Lands defined as Tier 1 lands, are areas which have been identified as Secondary Wellhead Protection Areas. Secondary Wellhead Areas extend a buffer of 150 feet radius from the well point located in an area of the confined aquifer. 29.91 Purpose and Intent. The purpose of this Secondary Wellhead Protection Areas is to safeguard the potable water resources of Dover and Kent County and to safeguard the public health, safety, and resources through regulation of land use and development within zones of protection surrounding potable water supply well fields. 29.92 Open Space. Areas within fifty (50) feet of the well shall be one hundred (100) percent open space. 29.93 New development within seventy-five (75) feet of the well must demonstrate that the new development will not produce, store, transfer or otherwise handle hazardous materials or substances. 29.94 The natural runoff flowing into wellhead areas shall be allowed and all new stormwater run-off shall be diverted around the wellhead protection areas wherever practical. 29.10 Intergovernmental Coordination 29.101 Review. The City of Dover, through the Development Advisory Committee, will coordinate with the Kent Conservation District and DNREC as necessary to ensure compliance with the Source Water Protection Overlay Zone. 29.102 Memorandum of Understanding. A Memorandum of Understanding must be kept and maintained between the City and any review agencies which evaluate the implementation of the required elements of the Source Water Protection Overlay Zone through the Development Advisory Committee process. 29.11 Data Distribution 29.141 The digital delineation of this overlay zone will be provided upon written request. Distribution of this information will be governed by the City of Dover’s Geographic Data Use and Distribution Policy.

PROPOSED ORDINANCE SEC. 29 SOURCE WATER PROTECTION OVERLAY ZONE (SWPOZ) PAGE 5 29.12 Existing Development. Existing developed land which is located within the Source Water Protection Overlay Zone will be treated as a non-conforming use, subject to the provisions of Article 7. 29.13 Effective Date. The effective date for the Source Water Protection Overlay Zone shall be January 1, 2008. The requirements of the Source Water Protection Overlay Zone shall apply to all site plan and subdivision applications filed after adoption of these requirements by City Council.

¯ 0 2,875 5,750 11,500 Feet Source Water Protection Overlay Zone Legend City of Dover Boundary Special Utility Committee Meeting of November 6, 2007 Dover Parcels Tier 1 Tier 2