Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA AUGUST 11, 2014 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Proposed Financial Reforms - Compensation Policies 2. Automatic Escalator for Building-Related Permit Fees (Request of Councilman Anderson) 3. Proposed Ordinances A. #2014-19 Amending Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I - In General, Section 98-5 - Duty of tenants or owners to maintain sidewalks and landscaped areas within the street right-of-way and Appendix F - Fees and Fines (Sponsors: Bonar, Hare, Lynn, Koenig, and Townshend)(Staff recommends adoption of the ordinance) B. #2014-20 Amending Appendix B - Zoning, Article 10, Section 2 - Site Plan Development Approval (Sponsors: Hutchison and Townshend)(Staff recommends adoption of the ordinance) 4. Updates A. Economic Development B. Certified Local Government Application 5. Adjournment by 7:00 p.m. /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Agendas\2014\08-11-2014 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: August 5, 2014 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: Revision to Chapter 98 – Streets, Sidewalks, Storm Sewers and Other Public Places, Article I – In General, Section 98-5 – Duty of tenants or owners to maintain sidewalks and landscaped areas within the street right-of-way REFERENCE: Municipal Separate Storm Sewer Syste (MS4) permit RELATED PROJECT: N/A APPROVALS: EXHIBITS: Proposed Ordinance #2014-19 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Schedule for First Reading on August 25, 2014 and final reading September 8, 2014. RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council for action in accordance with the time frame above. BACKGROUND AND ANALYSIS The proposed ordinance would prohibit the blowing, sweeping or otherwise discharging grass clippings to streets, sidewalks, storm drains, and water courses. In a recent Notice of Violation from DNREC regarding the City’s Municipal Separate Storm Sewer System (MS4), we were cited for grass clippings discharged to the street in the area surrounding the Wesley College fields. There is currently no code prohibiting such discharges. Grass clippings blown or swept into the street wash into storm drains and ultimately into water bodies such as Silver Lake and the St. Jones River, hampering water quality because of the added nutrients. In addition, matted grass clippings blown onto streets diminish neighborhood appearance. The proposed ordinance would assist the City in compliance with MS4 requirements and provide an additional tool in the improvement of our neighborhoods.

CITY OF DOVER PROPOSED ORDINANCE #2014-19 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I - In General, 4 Section 98-5 - Duty of tenants or owners to maintain sidewalks and landscaped areas within the street 5 right-of-way be amended by inserting the bold, blue text, as follows: 6 Sec. 98-5. Duty of tenants or owners to maintain sidewalks and landscaped areas within the street 7 right-of-way. 8 (a) It shall be unlawful for the owner or occupant of any premises abutting upon a sidewalk to 9 permit or allow snow or ice to remain thereon for longer than 12 hours of daylight after it has 10 ceased snowing, or to permit debris or other materials to accumulate at any time so that 11 pedestrians may conveniently and safely pass. 12 (b) It is the responsibility of the owner or occupant of any premises abutting upon a sidewalk to 13 keep the landscaped area between the sidewalk and the curbline, or where no sidewalk exists 14 between the property line and curbline or paved street, maintained in accordance with the 15 standards set forth in chapter 114, article II, pertaining to weeds. 16 (c) It shall be unlawful to sweep, blow, or otherwise discharge grass clippings into any street, 17 sidewalk, storm drain, or water course. 18 (d) Violations; penalties 19 Any person(s) violating any provision of this section shall be fined as provided for in 20 Appendix F—Fees and Fines. 21 BE IT FURTHER ORDAINED: 22 That Appendix F - Fees and Fines, be amended by inserting the following: 23 Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I - In General 24 Sec. 98-5 Duty of tenants or owners to maintain sidewalks and Not in excess of $100.00, landscaped areas within the street right-of-way nor less than $5.00 for each violation 25 ADOPTED: * 26 S:\ORDINANCES\2014\DRAFT\Ordinance #2014-19 Amending Chapter 98 - Streets, Sidewalks, Storm Sewers.wpd 27 SYNOPSIS 28 The amendment would make it unlawful to sweep, blow, or otherwise discharge 29 grass clippings into any street, sidewalk, storm drain, or water course. 30 (SPONSORS: HARE, KOENIG, AND TOWNSHEND) 31 Actions History 32 08/11/2014 - Scheduled for Introduction - Legislative, Finance, and Administration Committee

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: August 5, 2014 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: Revision to Appendix B – Zoning, Article 10, Section 2 - Site Plan Development Approval REFERENCE: N/A RELATED PROJECT: Ordinance #2014-08 APPROVALS: EXHIBITS: Proposed Ordinance #2014-20 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Schedule for First Reading on August 25, 2014, Public Hearing before the Planning Commission on September 15, 2014 and Public Hearing and Final Reading before City Council on October 13, 2014. RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council for action in accordance with the time frame above. BACKGROUND AND ANALYSIS On July 14, 2014, City Council adopted Ordinance #2014-08, which rewrote the commercial and office zones within the Zoning Ordinance and streamlined processes for zoning administration. One change that helped to streamline processes allows for an existing building expanding by up to 15% to be reviewed administratively. In drafting the language, staff did not develop similar language for expansion of impervious cover, although that was the intent. The proposed amendment would correct this omission and alow for up to 15% expansion of impervious cover on a site to be reviewed administratively.

CITY OF DOVER PROPOSED ORDINANCE #2014-20 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 That Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan Approval of 3 the Dover Code be amended by deleting the text indicated in red, strikeout and inserting the bold, blue text, as 4 follows: 5 Section 2. - Site development plan approval. 6 2.1 Required. Site development plan approval shall be required for the erection or enlargement of all 7 structures and the establishment of any use for which site development plan approval is required by this 8 ordinance. Site development plan shall be required according to the following criteria: 9 2.11 Planning commission site plan review. Site development plans shall be subject to review and approval 10 by the planning commission if they meet the following thresholds: 11 (a) New structures. Site plans for new structures of 5,000 square feet or greater in floor area; or 12 (b) Additions to existing structures. Site plans for additions to existing structures that (1) constitute 15 13 percent or more of the existing floor area, and (2) new floor area is greater than 5,000 square feet; 14 or 15 (c) Additions of Impervious surface additions. Site plans that propose new or additional impervious 16 surfaces that (1) constitute 15% or more of the existing impervious surface area and (2) are 17 equal to or greater than 5,000 square feet of impervious surface with a total of 5,000 square 18 feet or greater of new or added impervious surface, including new structures or building 19 additions; or 20 (d) Adjacent to residential. Nonresidential site plans with site disturbance greater than 2,500 square feet 21 and adjacent to residential uses or residential zones. 22 2.12 Site development master plan. Site development master plans shall be subject to review and approval 23 by the planning commission in accordance with subsection 2.44. 24 2.13 Zoning review. For site development plans involving construction of a single-family detached, single- 25 family attached, or single-family semidetached dwelling; an accessory structure; or a nonresidential 26 change of use for which no building addition or increase in impervious surface cover is proposed, the 27 city planner or his designee may approve the site development plan in conjunction with building permit 28 review. 29 2.14 Administrative site plan. All site development plans that do not meet the thresholds for zoning review 30 in accordance with subsection 2.13 or planning commission site plan review in accordance with 31 subsection 2.11 shall be reviewed as administrative site development plans. 32 ADOPTED: * 33 S:\ORDINANCES\2014\DRAFT\Ordinance #2014-20 Amending Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan Approval.wpd 34 SYNOPSIS 35 The proposed ordinance would clarify that site plans that include an increase in impervious cover of 15% and 36 more than 5,000 square feet require Planning Commission review. Under the current language, any site plan 37 proposes and increase of impervious cover of 5,000 square feet or greater is subject to Planning Commission 38 review. 39 (SPONSORS: HUTCHISON AND TOWNSHEND ) 40 Actions History 41 08/11/2014 - Scheduled for Introduction at Parks, Recreation, and Community Enhancement Committee