CCW PACKET

COUNCIL COMMITTEE OF THE WHOLE AGENDA JUNE 12, 2018 - 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. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE AGENDA ADDITIONS/DELETIONS 1. PRESENTATION - SUMMER IN THE PARKS 2. ADJOURNMENT OF PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING UTILITY COMMITTEE AGENDA ADDITIONS/DELETIONS 1. ANNEXATION REQUEST - 3074 NORTH DUPONT HIGHWAY, OWNED BY JESSE L. ALLEN 2. EVALUATION OF BIDS A. DELAWARE TECH PUMP STATION REPLACEMENT (STAFF RECOMMENDS AWARDING THE CONTRACT TO TEAL CONSTRUCTION, INC., FOR THE CITY OF DOVER DELAWARE TECH PUMP STATION REPLACEMENT PROJECT, BID #18-0025PW, FOR THE AMOUNT OF $355,118) B. NORTH STATE STREET WATER MAIN REPLACEMENT (STAFF RECOMMENDS AWARDING THE CONTRACT TO GATEWAY CONSTRUCTION, INC., FOR THE CITY OF DOVER NORTH STATE STREET WATER MAIN REPLACEMENT PROJECT, BID #18-0028PW, FOR THE AMOUNT OF $163,480) C. SILVER LAKE PUMP STATION REPLACEMENT (STAFF RECOMMENDS AWARDING THE CONTRACT TO TEAL CONSTRUCTION, INC., FOR THE CITY OF DOVER SILVER LAKE PUMP STATION REPLACEMENT PROJECT, BID #18-0026PW, FOR THE AMOUNT OF $422,338) D. WALKER WOODS PUMP STATION REPLACEMENT (STAFF RECOMMENDS AWARDING THE CONTRACT TO TEAL CONSTRUCTION, INC., FOR THE CITY OF DOVER WALKER WOODS PUMP STATION REPLACEMENT PROJECT, BID #18-0027PW, FOR THE AMOUNT OF $525,000) E. WATER TREATMENT PLANT PROCESS IMPROVEMENTS (STAFF RECOMMENDS AWARDING THE CONTRACT TO JOHNSTON CONSTRUCTION COMPANY FOR THE WATER TREATMENT PLANT PROCESS IMPROVEMENTS, BID #18-0014PW, FOR THE AMOUNT OF $5,972,851)

JUNE 12, 2018 COUNCIL COMMITTEE OF THE WHOLE Page 2 UTILITY COMMITTEE (CONTINUED) 3. EVALUATION OF PROPOSALS A. PUNCHEON RUN WASTEWATER ENGINEERING (STAFF RECOMMENDS AWARDING THE CONTRACT TO PENNONI ASSOCIATES FOR THE PUNCHEON RUN WASTEWATER ENGINEERING, BID #18-0023PW, FOR THE AMOUNT OF $47,900) B. WATER TREATMENT PLANT CONSTRUCTION SUPPORT (STAFF RECOMMENDS AWARDING THE CONTRACT TO DUFFIELD ASSOCIATES FOR THE CONSTRUCTION SUPPORT RELATED TO THE WATER TREATMENT PLANT PROCESS IMPROVEMENTS, BID #18-0018PW, FOR THE AMOUNT OF $298,500) 4. ADJOURNMENT OF UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. DISCUSSION - FISCAL YEAR 2018 AUDIT PROGRAM 2. PROPOSED AMENDMENTS TO EMPLOYEE HANDBOOK (STAFF RECOMMENDS APPROVAL OF THE PROPOSED AMENDMENTS) A. CITY OF DOVER PERSONNEL POLICY, ARTICLE VII - ETHICAL CONDUCT (1) SECTION 6 - HARASSMENT AND DISCRIMINATION (2) SECTION 7 - ACCEPTABLE USE OF COMMUNICATIONS AND COMPUTER SYSTEMS (NEW) (3) SECTION 8 - SOCIAL NETWORKING: PERSONAL ONLINE/INTERNET CONTENT POLICY (NEW) (4) SECTION 9 - PREGNANT WORKERS FAIRNESS ACT GUIDELINES (NEW) 3. PROPOSED AMENDMENTS TO APPENDIX B - ZONING (STAFF RECOMMENDS ADOPTION OF THE PROPOSED AMENDMENTS) A. TEXT AMENDMENT: CREATION OF IPM3 ZONE (INDUSTRIAL PARK MANUFACTURING - INDUSTRIAL AVIATION AND AERONAUTICS CENTER)(MI-18-05) AMENDING ARTICLE 3 - DISTRICT REGULATIONS, (NEW) SECTION 20B - INDUSTRIAL PARK MANUFACTURING ZONE - INDUSTRIAL AVIATION AND AERONAUTICS CENTER (IPM3) AND SECTION 24 - PLANNED NEIGHBORHOOD DESIGN OPTION [(PND)]; ARTICLE 4 - ZONING BULK AND PARKING REGULATIONS, SECTION 4.16 - M, IPM ZONES; ARTICLE 5 - SUPPLEMENTARY REGULATIONS, SECTION 8 - PERFORMANCE STANDARDS; AND ARTICLE 12 - DEFINITIONS B. TEXT AMENDMENT: REPLACEMENT OF MAXIMUM PARKING REQUIREMENT (MI-18-06) AMENDING ARTICLE 4 - ZONING BULK AND PARKING REGULATIONS, SECTION 4.15 - [C-3, C-4, R-C, IO, AND CPO ZONES.] AND SECTION 4.16 - M, IPM ZONES; AND ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES, SECTION 3 - REQUIRED OFF-STREET PARKING SPACES C. TEXT AMENDMENT: VEHICLE SIGNS (MI-18-07) AMENDING ARTICLE 5 - SUPPLEMENTARY REGULATIONS, SECTION 4 - SUPPLEMENTARY SIGN REGULATIONS 4. ADJOURNMENT OF LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING

JUNE 12, 2018 COUNCIL COMMITTEE OF THE WHOLE Page 3 COUNCIL COMMITTEE OF THE WHOLE (ALL MEMBERS OF ALL COMMITTEES) AGENDA ADDITIONS/DELETIONS 1. UPDATE ON 2019 COMPREHENSIVE PLAN PROJECT ADJOURNMENT OF COUNCIL COMMITTEE OF THE WHOLE MEETING /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2018\06-12-2018 CCW AGENDA.WPD 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.

PETITION TO ANNEX AND REZONE PROPERTY Before the Dover City Council Committee of the Whole - Utility Committee June 12, 2018 File Number: AX-18-01 Ordinance Number: 2018-04 Applicant: Jesse L. Allen Owner of Record: Jesse L. Allen Property Address: 3074 North DuPont Highway (Also referenced as 1643 North DuPont Highway) Tax Parcel ID #: ED-00-057.02-01-04.00-000 Lot Size: 0.69 Ac +/- (30,056 SF +/-) Present Zoning: BG Proposed Zoning: C-4 Comprehensive Plan Category 1: High Priority Annexation Areas Designation: Comprehensive Plan Commercial Land Use Designation: Present Use: Commercial (Vacant Building) Proposed Use: No Proposed Change Utility Availability: 3074 North DuPont Highway is located on the east side of Route 13 and is currently served by City of Dover Electric. It is not served by City of Dover Water or Sanitary Sewer. City of Dover Water and Sanitary Sewer are available on the west side of Route 13. While they are within 200 feet of the property, installation of services would be costly and require DelDOT approval. It should be noted that Water and Sanitary Sewer are also available through Tidewater within 600 feet of the property to the east. It appears as though the property may be served by a private well an on-site septic. These amenities should be evaluated by the applicant in conjunction with DNREC to determine the Water and Sanitary

Sewer needs for the property. This is critical as utility crossings of Route 13 are strongly discouraged by DelDOT and only approved with special approval by District Public Works. The applicant should coordinate with the City, DNREC and DelDOT to ensure their ultimate goal can be obtained and to determine the best path forward. Staff Recommendation: The Electric Department has no objection to the annexation. The Department of Public Works recommends that the Water and Sanitary Sewer connection strategy be resolved prior to annexation.

City of Dover Application No.: AX-18-01 Department of Planning & Inspections IO Du po nt Hw y C-4 Site Dr hase Ce da rC RG-2 C-4 Bl C-4 vd KW ollAve IO arr Ln C ford us C raw tic R IO RC C-4 Title: Lands of Jesse L. Allen Legend Address: 3074 North DuPont Highway Parcel ID: ED-00-057.02-01-04.00-000 Subject Property Zoning: C-4 (proposed) Kent County Parcels Owner: Jesse L. Allen Date: 4/26/2018 Dover Parcels Zoning Dover Boundary « 0 200 400 800 Feet 2012 Buildings

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Bids – Delaware Tech Pump Station Replacement REFERENCE: CIP- Delaware Tech Pump Station Replacement RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $355,118 BUDGET: $402,300 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works- Wastewater Management, CIP Project #WW1704, CIP Project Name: Delaware Tech Pump Station Replacement Account No.: 417-6900- 569.40-31. This project is funded through the Delaware Clean Water State Revolving Loan Fund program which is administered by DNREC, Division of Water Resources. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in 180 calendar days. RECOMMENDED ACTION: Award the contract to Teal Construction, Inc., for the City of Dover Delaware Tech Pump Station Replacement Project, Bid #18-0025PW, for the amount of $355,118. BACKGROUND AND ANALYSIS This capital investments project includes the replacement of the Smith & Loveless package pump station installed in 1975. The station has exceeded its anticipated life expectancy of 20-25 years. The existing recessed wet well/dry well pump station will be demolished, and a new grinder pump station will be installed along with the associated force main along Scarborough Road and additional site improvements. This pump station is being downsized because of the realignment project performed by Kent County in adjacent areas. The pump station is currently located on the south side of Scarborough Road, just south of Crawford Carroll Avenue. This pump station replacement will improve the City’s wastewater system by increasing the efficiency of the pump station. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #18-0025PW. Bids were opened on April 17, 2018. The City of Dover received four (4) bids. The contract values are as follows: CONTRACTOR LOCATION BASE BID TOTAL COST EVALUATED PRICE TEAL CONSTRUCTION, INC. DOVER, DE $355,118.00 $355,118.00 $344,464.46* GEORGE & LYNCH, INC. DOVER, DE $446,710.00 $446,710.00 $433,308.70* BRANDYWINE CONSTRUCTION CO. NEW CASTLE, DE $450,000.00 $450,000.00 $450,000.00 JJID, INC. BEAR, DE $496,990.00 $496,990.00 $496,990.00 *- Teal Construction, Inc. and George & Lynch, Inc., were awarded a 3% reduction, due to local vendor preference

ACTION FORM Evaluation of Bids – Delaware Tech Pump Station Replacement Page 2 of 2 City staff reviewed the submissions and found that the Teal Construction, Inc. bid met all requirements for the qualifications of the project. The staff recommends awarding the contract to Teal Construction, Inc. in the amount of $355,118 for the Delaware Tech Pump Station Replacement Project.

Exhibit "A" Delaware Tech Pump Station 1706 De De la w la w are ar e Te c hD Tec r hD r W Campus Dr 1832 Craw ford Ca rrol ve 1700 lA d g h Rd 1832 Scarboroug hR Scarboro u Ú [ Location of Pump Station to be replaced Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 0 50 100 200 Feet ¯ Date Printed: October 14, 2016 Legend File: m:\gis_data\projects\tech_mxds \jason_lyon_maps\caf_maps \caf_clearview_meadowl_pump_station Ú [ Pump Station Department: Public Works GIS Dover Parcels City of Dover, Delaware

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Bids – North State Street Water Main Replacement REFERENCE: CIP- Water Quality Improvement RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $163,480 BUDGET: $90,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works - Water Management, CIP Projects #WQ1804 North State Street Water Main Replacement, CIP Project Name: Water Quality Improvements Account No.: 417-6800-568.40-31. Additional funds will be provided by transferring $73,480 from WQ1802 William Street Water Main Replacement Project, which is under budget. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in thirty (30) calendar days. RECOMMENDED ACTION: Award the contract to Gateway Construction, Inc., for the City of Dover North State Street Water Main Replacement Project, Bid #18-0028PW, for the amount of $163,480.00. BACKGROUND AND ANALYSIS This project was initiated after staff was informed of a DelDOT traffic calming project on North State Street. Prior to the traffic calming project, staff identified the need for upgrading the existing four-inch (4”) unlined cast iron water main located in North State Street, between Pennsylvania Avenue and Columbia Avenue. The existing water main will be replaced with a new twelve-inch (12”) cement lined ductile iron water main. The existing undersized mains were installed around 1963. The new water mains will provide City of Dover customers with improved water quality, increased system reliability and improved fire protection. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #18-0028PW. Bids were opened on April 26, 2018. The City of Dover received two (2) bids shown in the table below: CONTINGENCY EVALUATED CONTRACTOR LOCATION BASE BID TOTAL COST ITEMS PRICE GATEWAY CLAYTON, DE $157,480.00 $6,000.00 $163,480.00 $163,480.00 CONSTRUCTION, INC. TEAL CONSTRUCTION DOVER, DE $167,622.00 $5,000.00 $172,622.00 $167,443.34* CO. *- Teal Construction Co., was awarded a 3% reduction, due to local vendor preference.

ACTION FORM Evaluation of Bids – North State Street Water Main Replacement Project Page 2 of 2 City staff reviewed the submissions and found that Gateway Construction, Inc. bid met all requirements for the qualifications of the project. The staff recommends awarding the contract to Gateway Construction, Inc. in the amount of $163,480.00 for the North State Street Water Main Replacement Project. A breakdown of the funding sources is provided below: FUNDING DESCRIPTION ORIGINAL REVISED ENCUMBERED SAVINGS / REQUESTED PROPOSED SOURCE BUDGET BUDGET / SPENT REMAINING CHANGE BUDGET REMAINING Water WQ1804 North $94,000 $94,000 $4,000 $90,000 $73,480 $163,480 State Street Water Main Replacement Water WQ1802 William $621,000 $621,000 $416,350 $204,650 ($73,480) $131,170 Street Water Main Replacement

Exhibit A North State Street ÍÍ B BG ! . Water Main Replacement B ÍÍ 125 704 G ! . s St \ [ BB ÍÍ 643 100 Ros ria emo 639 630 [ \ e M ry esid e 637 Lak Cemet 640 633 126 Blv 626 d ors 627 l Project Area ove 645 rn 623 616 NG 626 617 606 614 619 600 601 600 Í B 55 611 606 5 G ! . B Í B Í ¼ , Í Ave Í ¼ ¼ , Í [ \¼ , Í mbia BBB Í 54 605 Col u 564 B, Í 7 \ 574 547 G ania Ave ¼ , B Í GÍÍ ¼ ! . Í B Í !. \ [ , Í 53 Í B Í B nnsylv [ 9 541 P e 70 5 566 ¼ , Í B 544 Í ÍÍ 544 Í B G ! . 558 B B ¼ , Í \ [ 565 531 Í B BB ÍG 529 ! . 116 538 530 53 4 ¼ N Am 535 , Í ¼ , Í \ [ 202 536 555 558 , ¼ t 520 ¼¼ Í,Í an 526 , Í rd S 534 523 N St eric ¼ 519 525 529 , Í adfo [ \ N Br t 523 ate S ¼ ¼ , nue 518 , Í Í 530 520 550 Ave 500 ¼ , 517 511 511 Í 541 ¼ 526 521 Ext 510 , Í 504 ¼ , Í ¼ , Í \ [ 505 ÍÍ 511 15 530 B 501 BBÍ ¼ , ¼ , Í [ N Go 509 B Í Í ¼ 504 ¼ , Í \ 529 G ! . , Í 500 o B Í vern 505 201 125 450 500 ¼ t 107 on S am S t , Í ve B 429 sy Í Í B 101 rs A Willi 505 GMadis Penn ͼ Í ¼ G ! . ¼ ! . 47 , , Í BÍ 427 , Í B Í Í B B ¼ , 448 Í B ÍÍ G ia A 43 B ! . 426 ¼ 35 ͼ lvan Í B 425 , Í ¼ 447 , Í 25 B \ [ , Í Í ¼ B ÍÍ 23 , Í Í¼ BB , ¼ \ [ 443 423 444 431 17 ¼ , ¼ , y R d \ [ 46 ¼ , , Í xt 100 ve E Í Í Í GB ne Í ¼ ¼ Í Rod , Í 424 ! B Í Í¼ . , \ [ ¼ , 421 [ \ , \ 2 4 54 437 442 [ 30 420 419 ¼ , Í [ \ 416 Í Í ¼ B 20 411 , Í 10 53 210 421 416 2 409 49 407 406 409 43 417 41 412 400 35 ¼ , Í 5 Í ¼ \ [ 41 , Í 413 ͼ 31 15 " Í B , ¼ \ [ Íb 407 25 , \ [ B 21 412 411 406 19 17 ¼ , Í [ \ Í \ [ B a St ¼ ,ͼ Í gton St ¼ , 405 Clar 405 Í ¼ [ \ 415 400 B Í G ! . ¼ , Í Washin B , \ [ G¼ Í ! ͼ [ \ , Í, , Í 52 360 . 400 b Í Í B " B [ \ 401 34 Surdex Corp, 2017 44 407 12 38 16 28 10 B Í!. G ͼ ¼ , , Í ¯ BÍÍ 0 50100 Feet Legend Dover Parcels Fire Hydrants Valve ! Curb Stop/Meter Pit Main P ! ± 8" Date Printed: October 11, 2017 h Dead End C " G ! . 1500 GPM À" Î Service Connection 1" 10" File: m:\gis_data\projects\tech_mxds b " Reducer G 1000 - 1499 GPM ! Meter Pit " ! b ± Curb Stop/House 2" 12" \jason_lyon_maps\caf_maps ! . 500 - 999 GPM ! ­ 3" 14" \caf_s_bradford_st_water_replacement G ! . G Below 500 GPM Í Hydrant Valve B ¼ , Í Curb Stop 4" 16" Department: Public Works GIS ! . City of Dover, Delaware \ Service Line [ Í Division Valve B % L Blow Off 6" 20"

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Bids – Silver Lake Pump Station Replacement REFERENCE: CIP- Silver Lake Pump Station Replacement RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $422,338 BUDGET: $489,500 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works- Wastewater Management, CIP Project #WW1705, CIP Project Name: Silver Lake Pump Station Replacement Account No.: 417-6900- 569.40-31. This project is partially funded through the Delaware Clean Water State Revolving Loan Fund program which is administered by DNREC, Division of Water Resources. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in 180 calendar days. RECOMMENDED ACTION: Award the contract to Teal Construction, Inc., for the City of Dover Silver Lake Pump Station Replacement Project, Bid #18-0026PW, for the amount of $422,338. BACKGROUND AND ANALYSIS This capital investments project includes the replacement of the Smith & Loveless package pump station installed in 1982. The station has exceeded its anticipated life expectancy of 20-25 years. The existing wet well will be rehabilitated with additional site improvements. The pump station is currently located on the west side of Silver Lake Boulevard, adjacent to the existing Dover Federal Credit Union, north of Walker Road. This pump station replacement will improve the City’s wastewater system by increasing the structural integrity and pump efficiency of the pump station. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #18-0026PW. Bids were opened on April 17, 2018. The City of Dover received four (4) bids. The contract values are as follows: CONTRACTOR LOCATION BASE BID TOTAL COST EVALUATED PRICE TEAL CONSTRUCTION, INC. DOVER, DE $422,338.00 $422,338.00 $409,667.86* BRANDYWINE CONSTRUCTION CO. NEW CASTLE, DE $510,000.00 $510,000.00 $510,000.00 JJID, INC. BEAR, DE $605,000.00 $605,000.00 $605,000.00 GEORGE & LYNCH, INC. DOVER, DE $631,360.00 $631,360.00 $612,419.20* *- Teal Construction, Inc. and George & Lynch, Inc., were awarded a 3% reduction, due to local vendor preference

ACTION FORM Evaluation of Bids – Silver Lake Pump Station Replacement Page 2 of 2 City staff reviewed the submissions and found that the Teal Construction, Inc. bid met all requirements for the qualifications of the project. The staff recommends awarding the contract to Teal Construction, Inc. in the amount of $422,338 for the Silver Lake Pump Station Replacement Project.

Exhibit "A" Silver Lake Pump Station 1075 Ú [ 1079 Location of Pump Station to be replaced 1080 ve Sil r La ke 82 Blv d 84 80 86 973 971 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus 78 DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and 967 969 the GIS User Community 0 50 100 200 Feet ¯ Date Printed: October 14, 2016 Legend File: m:\gis_data\projects\tech_mxds \jason_lyon_maps\caf_maps \caf_clearview_meadowl_pump_station Ú [ Pump Station Department: Public Works GIS Dover Parcels City of Dover, Delaware

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Bids – Walker Woods Pump Station Replacement REFERENCE: CIP- Walker Woods Pump Station Replacement RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $525,000 BUDGET: $563,200 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works- Wastewater Management, CIP Project #WW1706, CIP Project Name: Walker Woods Pump Station Replacement Account No.: 417-6900- 569.40-31. This project is partially funded through the Delaware Clean Water State Revolving Loan Fund program which is administered by DNREC, Division of Water Resources. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in 180 calendar days. RECOMMENDED ACTION: Award the contract to Teal Construction, Inc., for the City of Dover Walker Woods Pump Station Replacement Project, Bid #18-0027PW, for the amount of $525,000. BACKGROUND AND ANALYSIS This capital investments project includes the replacement of the recessed Smith & Loveless package pump station installed in 1989. The station has exceeded its anticipated life expectancy of 20-25 years. The existing wet well will be rehabilitated with additional site improvements. The pump station is currently located on the east side of Duet Court in the Village at McKee Branch, just north of Walker Road. This pump station replacement will improve the City’s wastewater system by increasing the structural integrity and pump efficiency of the pump station. The bid cost includes a transformer upgrade allowance of $65,000 to be performed by the City of Dover Electrical Department to improve electrical service efficiency. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #18-0027PW. Bids were opened on April 18, 2018. The City of Dover received two (2) bids. The contract values are as follows: TOTAL COST EVALUATED CONTRACTOR LOCATION BASE BID PRICE TEAL CONSTRUCTION, INC. DOVER, DE $525,000.00 $525,000.00 $509,250.00* BRANDYWINE CONSTRUCTION CO. NEW CASTLE, DE $575,000.00 $575,000.00 $575,000.00 *- Teal Construction, Inc. was awarded a 3% reduction, due to local vendor preference City staff reviewed the submissions and found that the Teal Construction, Inc. bid met all requirements for the qualifications of the project. The staff recommends awarding the contract to Teal Construction, Inc. in the amount of $525,000 for the Walker Woods Pump Station Replacement Project.

Exhibit "A" Walker Woods Pump Station 1414 54 1289 7 1418 Rd 1416 17 Co lle 1412 ge 1422 25 1430 1500 1502 1502 1504 200 Ú [ 1506 Location of Pump Station to be replaced 915 Due t Ct 1325 1341 1353 1293 Klein Ct 1335 d er R Walk 825 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus 911 DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 0 50 100 200 Feet ¯ Date Printed: October 14, 2016 Legend File: m:\gis_data\projects\tech_mxds \jason_lyon_maps\caf_maps \caf_clearview_meadowl_pump_station Ú [ Pump Station Department: Public Works GIS Dover Parcels City of Dover, Delaware

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Bids – Water Treatment Plant Process Improvements REFERENCE: CIP- Water Treatment Plant Process Improvements RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $5,972,851 BUDGET: $7,000,000* FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works- Water Treatment Plant, CIP Project #WD1609, CIP Project Name: Water Treatment Plant Process Improvements Account No.: 417-7600- 576.40-31. This project will be partially funded through the Drinking Water State Revolving Fund. * - This budget represents the total for two (2) components, the construction phase and the construction support phase. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in 360 calendar days. RECOMMENDED ACTION: Award the contract to Johnston Construction Company for the Water Treatment Plant Process Improvements, Bid #18-0014PW, for the amount of $5,972,851 BACKGROUND AND ANALYSIS This capital investments project, identified in the 2006 Water Master Plan Update proposes process improvements to the existing water treatment plant. Due to limitations with the ozone contactors, the capacity at the water treatment plant is not producing as originally designed. The upgrades will alter the treatment system and will increase the output and improve the operational efficiency of the water treatment plant. The water treatment plant is currently located on Long Point Road. The treatment plant process improvements will improve the City’s water production capabilities by increasing the efficiency of the plant. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #18-0014PW. Bids were opened on December 21, 2017. The City of Dover received four (4) bids. The contract values are as follows: CONTRACTOR LOCATION TOTAL COST JOHNSTON CONSTRUCTION COMPANY DOVER, PA $5,972,851 M2 CONSTRUCTION, LLC LANDSVILLE, PA $5,939,700 ALLAN MYERS, L.P. WORCESTER, PA $6,335,555 BEARING CONSTRUCTION, INC. SUDLERSVILLE, MD $6,500,000 It should be noted that Bearing Construction and Johnston Construction Company provided extensions of their bids to the Purchasing Agent. The original bids are invalid ninety (90) days after the closing of the bids.

ACTION FORM Evaluation of Bids– Water Treatment Plant Process Improvements Page 2 of 2 City staff reviewed the submissions and found that the Johnston Construction Company bid met all requirements for the qualifications of the project. Although M2 Construction, LLC had a lower cost for the project, an extension of the price was not provided by said company. The staff recommends awarding the contract to Johnston Construction Company in the amount of $5,972,851 for the Water Treatment Plant Process Improvements project.

Exhibit "A" Water Treatment Plant B Í!. G Location of Water Treatment Plant G ! . BBB Í bG ! . "Í Í 802 Long Point Rd BG Í!. B Í B Í!. G 651 Surdex Corp, 2017 0 50 100 Feet Date Printed: October 11, 2017 ¯ File: m:\gis_data\projects\tech_mxds Legend h Dead End C Project Area Dover Parcels Fire Hydrants G ! . 1500 GPM Valve À" Î Service Connection ! Curb Stop/Meter Pit Main P ! ± Curb Stop/House 1" 8" 10" 12" \jason_lyon_maps\caf_maps " G ! . 1000 - 1499 GPM ! Meter Pit ! ­ " ! b ± 2" 14" b " Reducer G ! . 500 - 999 GPM ¼ Curb Stop 3" \caf_s_bradford_st_water_replacement G Below 500 GPM Í Hydrant Valve B , Í 4" 16" Department: Public Works GIS ! . City of Dover, Delaware \ Service Line [ Í Division Valve B % L Blow Off 6" 20"

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Proposals – Puncheon Run Wastewater Engineering REFERENCE: CIP- Puncheon Run Pump Station Improvements RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $47,900 BUDGET: $70,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works- Wastewater Management, CIP Project #WW1806, CIP Project Name: Puncheon Run Pump Station Improvements Account No.: 417-6900- 569.40-31. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in ninety (90) calendar days. RECOMMENDED ACTION: Award the contract to Pennoni Associates for the Puncheon Run Wastewater Engineering, Bid #18-0023PW, for the amount of $47,900. BACKGROUND AND ANALYSIS This capital investments project includes the replacement of a failing grit removal system which is one of the components of the Puncheon Run Pump Station. The existing grit removal system was installed when the pump station was constructed, in 1965. This piece of equipment is critical for the operations of the existing pump station. The scope of this work is for a firm to evaluate the existing system, design a replacement and produce bid documents. The pump station is currently located on the west side of South Governors Avenue, just south of the Puncheon Run. This grit removal replacement will improve the City’s wastewater system by increasing the efficiency of the pump station. The proposal was advertised to the public as a Request for Proposals in accordance with the City’s purchasing policy by the City’s Purchasing Agent under RFP #18-0023PW. Proposals were opened on March 14, 2018. The City of Dover received six (6) proposals. Each proposal was rated in six (6) categories and evaluated by three (3) staff members. The proposal evaluations are as follows: AVERAGE EVALUATED CONTRACTOR LOCATION TOTAL COST SCORE PENNONI ASSOCIATES NEWARK, DE 74 $47,900 DUFFIELD ASSOCIATES PHILADELPHIA, PA 73 $59,000 CENTURY ENGINEERING DOVER, DE 66 $59,000 RUMMEL, KLEPPER & KAHL WILMINGTON, DE 64 $78,175 AECOM NEWARK, DE 62 $71,200 WHITMAN, REQUARDT & ASSOC. BALTIMORE, MD 54 $113,976

ACTION FORM Evaluation of Proposals– Puncheon Run Wastewater Engineering Page 2 of 2 It should be noted that AECOM, Century Engineering, Pennoni Associates, Rummel, Klepper & Kahl and Whitman, Requardt & Associates provided extensions of their proposals to the Purchasing Agent. The original proposals are invalid ninety (90) days after the closing of the proposals. City staff reviewed the submissions and found that the Pennoni Associates proposal met all requirements for the qualifications of the project and received the highest average score from the evaluators. The staff recommends awarding the contract to Pennoni Associates in the amount of $47,900 for the Puncheon Run Wastewater Engineering.

Exhibit "A" Puncheon Run Pump Station Av e S Governors r en D n hav Lyn Ú [ Location of Pump Station 18 In c he he s s In c 30 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 0 50 100 200 Feet ¯ Date Printed: October 14, 2016 Legend File: m:\gis_data\projects\tech_mxds \jason_lyon_maps\caf_maps \caf_clearview_meadowl_pump_station Ú [ Pump Station Department: Public Works GIS Force Main City of Dover, Delaware

ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 06/01/18 PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer SUBJECT: Evaluation of Proposals – Water Treatment Plant Construction Support REFERENCE: CIP- Water Treatment Plant Process Improvements RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Exhibit A – Aerial Map EXPENDITURE REQUIRED: $298,500 BUDGET: $7,000,000* FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works- Water Treatment Plant, CIP Project #WD1609, CIP Project Name: Water Treatment Plant Process Improvements Account No.: 417-7600- 576.40-31. * - This budget represents the total for two (2) components, the construction phase and the construction support phase. TIME TABLE: Notice to proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed in 360 calendar days. RECOMMENDED ACTION: Award the contract to Duffield Associates for the Construction Support related to the Water Treatment Plant Process Improvements, Bid #18-0018PW, for the amount of $298,500. BACKGROUND AND ANALYSIS This capital investments project, identified in the 2006 Water Master Plan Update proposes process improvements to the existing water treatment plant. Due to limitations with the ozone contactors, the capacity at the water treatment plant is not producing as originally designed. The upgrades will alter the treatment system and will increase the output and improve the operational efficiency of the water treatment plant. The work associated with this project will relate to construction support for the Water Treatment Plant Process Improvements. The scope of the work includes, but is not limited to, daily inspections by a construction inspector, shop drawing reviews and request for information responses to the contractor. The proposal was advertised to the public as a Request for Proposals in accordance with the City’s purchasing policy by the City’s Purchasing Agent under RFP #18-0018PW. Proposals were opened on February 7, 2018. The City of Dover received five (5) proposals. Each proposal was rated with six (6) categories and evaluated by two (2) staff members. The proposal evaluations are as follows: CONTRACTOR LOCATION AVERAGE EVALUATED SCORE TOTAL COST DUFFIELD ASSOCIATES DOVER, DE 81.0 $298,500 AECOM NEWARK, DE 74.9 $394,000 CENTURY ENGINEERING DOVER, DE 65.3 $365,664 REMINGTON & VERNICK ENGINEERS NEWARK, DE 62.8 $483,429 WHITMAN, REQUARDT & ASSOC. BALTIMORE, MD 56.0 $596,025

ACTION FORM Evaluation of Proposals– Water Treatment Plant Construction Support Page 2 of 2 It should be noted that AECOM, Duffield Associates, Remington & Vernick Engineers and Whitman, Requardt & Associates provided extensions of their proposals to the Purchasing Agent. The original proposals are invalid ninety (90) days after the closing of the proposals. City staff reviewed the submissions and found that the Duffield Associates proposal met all requirements for the qualifications of the project and received the highest average score from the evaluators. The staff recommends awarding the contract to Duffield Associates in the amount of $298,500 for the Water Treatment Plant Construction Support.

Exhibit "A" Water Treatment Plant B Í!. G Location of Water Treatment Plant G ! . BBB Í bG ! . "Í Í 802 Long Point Rd BG Í!. B Í B Í!. G 651 Surdex Corp, 2017 0 50 100 Feet Date Printed: October 11, 2017 ¯ File: m:\gis_data\projects\tech_mxds Legend h Dead End C Project Area Dover Parcels Fire Hydrants G ! . 1500 GPM Valve À" Î Service Connection ! Curb Stop/Meter Pit Main P ! ± Curb Stop/House 1" 8" 10" 12" \jason_lyon_maps\caf_maps " G ! . 1000 - 1499 GPM ! Meter Pit ! ­ " ! b ± 2" 14" b " Reducer G ! . 500 - 999 GPM ¼ Curb Stop 3" \caf_s_bradford_st_water_replacement G Below 500 GPM Í Hydrant Valve B , Í 4" 16" Department: Public Works GIS ! . City of Dover, Delaware \ Service Line [ Í Division Valve B % L Blow Off 6" 20"

Presented by: Lori Peddicord Controller/Treasurer June 12, 2018

 Three primary purposes  Matters to be communicated  Auditor’s responsibility  Planned scope and timing of audit  Significant findings from the audit 2

 To clearly communicate an overview of the audit scope, the timing of the audit, and the auditor’s responsibilities.  To provide timely observations arising from the audit that are relevant to oversight of the financial reporting process.  To obtain relevant audit-related information from those charged with governance. 3

 The auditor’s responsibilities under generally accepted auditing standards.  This will be detailed in the auditor’s engagement letter, a copy of which will be provided to each audit committee member. 4

 An overview of the planned scope and timing of the audit that is not so detailed as to compromise audit effectiveness.  This will be summarized in a memo to the committee and discussed with the committee before commencement of the audit. 5

 The auditor’s views about findings or issues that the auditor considers to be significant and relevant to those charged with governance regarding their oversight of the financial reporting process.  These will be communicated near or at the end of the audit. 6

City of Dover 2018 Audit Calendar MAY JUNE JULY S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 Auditors - preliminary auditwork including walk throughs and inventory testing - Inventory 6 7 8 9 10 11 12 3 9 8 9 10 11 Close AP & GL 13 14 listing received morning of 6/12/17 from IT. Detail Audit Plan Auditors - preliminary auditwork including walk throughs and inventory testing - Inventory 13 15 16 17 18 19 10 16 15 16 17 18 19 20 21 Submitted listing received morning of 6/12/17 from IT. 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 Measure fuel @ 27 28 29 30 31 24 25 26 27 28 30 29 30 31 plant AUGUST SEPTEMBER OCTOBER S M T W T F S S M T W T F S S M T W T F S Test of Controls 1 2 3 4 1 1 2 3 4 6 Completed 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 Draft Draft CAFR 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 Schedules/State 16 17 18 20 Complete * ments to auditor Draft CAFR to 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 23 24 25 26 27 auditor Test of controls 26 27 28 29 30 31 23 25 26 27 28 29 28 29 30 31 started 30 *Draft CAFR completed by October 22 (includes Notes & Statistical Section) NOVEMBER DECEMBER S M T W T F S S M T W T F S Holidays - Green Final chgs from Auditor 2 3 1 Meetings with Auditors if requested by LFA Draft CAFR to 4 City Clerk 6 7 8 9 10 2 3 4 5 6 7 8 Key Dates in Yellow 11 LF&A Meeting 13 14 15 16 17 9 10 11 12 13 14 15 Final Changes 18 19 20 22 23 24 16 17 18 19 20 21 22 made to CAFR CAFR Sent to 25 26 27 28 29 23 24 25 26 27 28 29 GFOA Final CAFR completed by November 21 (includes all Sections and TOC) 30 7

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ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Human Resources DATE SUBMITTED: June 6, 2018 PREPARED BY: Kim Hawkins, Human Resources Director SUBJECT: Proposed Amendments to Employee Handbook REFERENCE: City of Dover Personnel Policy, Article VII. Ethical Conduct Section 6. Discrimination and Harassment; Section 7. Acceptable Use of Communications and Computer Systems; Section 8. Social Networking: Personal Online/Internet Content Policy; Section 9. Pregnant Workers Fairness Act Guidelines REVIEWED BY: Donna Mitchell, City Manager RECOMMENDED ACTION: Approval of the updated or new policy BACKGROUND AND ANALYSIS Article VII. Ethical Conduct, of the Personnel Policy needs enhancements or sections added. Recommendations are indicated. Current language ARTICLE VII ETHICAL CONDUCT SECTION 6. DISCRIMINATION AND HARASSMENT No employee shall discriminate, harass, or use derogatory language toward any person on the grounds of race, color, religion, sex, sexual orientation, physical handicap, age or national origin. Recommended language ARTICLE VII ETHICAL CONDUCT SECTION 6. DISCRIMINATION AND HARASSMENT No employee shall discriminate, harass, or use derogatory language toward any person on the grounds of race, color, religion, sex, sexual orientation, marital status, genetic information, physical handicap, age or national origin. This shall include inappropriate, unprofessional or illegal conduct over the City’s email system or any communication means provided by the City of Dover. City of Dover employees are prohibited from engaging in activity defined as discrimination and harassment within the work environment as well as when the employee is acting in the official capacity as a City of Dover representative. The City is to exercise reasonable care to prevent and correct promptly any improper behavior. Failure of any employee to report any instances of discrimination or harassment will be subject to Article XV, Section 9, Failure in Personal Conduct. discipline action. Harassment is defined as behavior intended to disturb or upset. Such behavior is illegal if it creates an environment

that a reasonable person would consider to be intimidating, hostile or abusive or if acceptance of the harasser’s behavior is made a condition of employment. Perceptions differ about what behaviors constitute harassment. If behaviors are unwelcomed, they may constitute harassment. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, touching, assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Sexual harassment is defined as unwelcomed advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when the conduct is implicitly or explicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance and/or creates an intimidating, hostile or offensive work environment. If you are subject to unwelcome conduct, tell the person that you find the behavior unwelcomed and ask him/her to stop immediately. If you cannot talk to the person, report the person to your supervisor, department head, the Human Resources Director or the City Manager giving details relating to the complaint. The supervisor, department head, the Human Resources Director or the City Manager will tell the person that you find the behavior unwelcome and ask him/her to stop. If the behavior continues, the employee should report the person to their supervisor, department head, the Human Resources Director or the City Manager. Reporting Discrimination and/or Harassment and the Investigation Any employee who feels that he/she has been discriminated against or harassed or any employee aware of employee discrimination or harassment shall report it immediately to the employee’s Supervisor, Department Head, the Human Resources Director or the City Manager. All members of management have a obligation to intercede and stop unprofessional behavior. Complaints can initially be reported verbally. A written statement must also be provided. The Human Resources Director or a neutral party will promptly conduct a serious and unbiased investigate regarding the complaint of harassment. All complaints will be investigated. The circumstances, including the nature of the harassment and/or discrimination and the context in which the alleged incidents occurred will be investigated. The investigation will be conducted in a discreet manner however it cannot be conducted with complete confidentiality as the accused and witnesses will have to be provided with sufficient information to offer meaningful testimony. Based upon the findings of the investigation, appropriate corrective action, up to and including termination will be taken. If charges are determined to be invalid, inconclusive or highly questionable based on the investigation it will be documented accordingly and advise parties that no further action will be taken. At the conclusion of the investigation a private meeting with each party involved will be held to advise them of the results of the investigation. A follow-up interview will be held with the complainant approximately two (2) to four (4) weeks after the decision to ensure no reoccurrence and/or retaliation. Any employee found to have knowingly and willfully filed false charges of harassment or discrimination will be subject to appropriate disciplinary action. No employee will be retaliated against for making a good faith complaint or participating in the investigation, proceedings or lawsuit. No person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with that person’s right to file a complaint or discrimination or harassment.

New Section SECTION 7. ACCEPTABLE USE OF COMMUNICATIONS AND COMPUTER SYSTEMS City of Dover communications and computer systems are vital to our business and critical to overall communications. Our success is directly related to safeguarding and properly using these systems. What are City communications and computer systems? City of Dover communications and computer systems or any equipment, hardware, software, or networks (including wireless networks) owned, provided or used by or on behalf of the City of Dover that store or transmit voice or non-voice data. This includes telephones, cellular/wireless telephones, voice mail, computers, e-mail, facsimiles, pagers, and City Intranet or Internet access (including when accessed through personally owned computers). Users are obligated to never use City systems (such as the Intranet or Internet) to engage in activities that are unlawful, violate City policies, or in ways that would:  Be disruptive, causing unnecessary offense to others.  Be considered harassing, discriminatory, or creating a hostile work environment.  Result in the City of Dover’s liability, embarrassment, or loss of reputation. External groups or organizations are not permitted to access the City’s computer network, except as permitted by the Information Technology Department (IT). While City systems are intended for primarily business/instructional purposes, limited (incidental and occasional) personal use may be permissible when authorized by the employee’s supervisor/department head and it does not:  Interfere with the employee’s work responsibilities.  Involve interests in personal outside business and/or other non-authorized organizations and activities (including, but not limited to selling personal property/items or soliciting for or promoting commercial ventures, charitable, religious, or political activities).  Violate any of the standards contained in this code or other City policies.  Downloading of music and video files is specifically forbidden. City communications and computer systems, including, but not limited to, computer networks, data files, e- mail and voice mail, may be monitored and/or accessed by the IT Staff and management to ensure the integrity of the technology, protect against fraud and abuse, detect unauthorized access or use, and for other business purposes. Although the IT Department does not routinely monitor message or network transactions, IT may, without notification or approval, monitor, access and review any and all communications originating from the City of Dover or delivered to the City of Dover – employees should have no expectation of privacy in regard to use of these services. Inappropriate use of e-mail includes, but is not limited to, sending or forwarding:  Messages, including jokes or any language that may be considered discriminatory, harassing, unlawful, defamatory, obscene, offensive, insensitive, or otherwise inappropriate (this includes but is not limited to messages about age, race, gender, disability, national origin, any other legally defined discriminatory classifications or similar matters.)  Pornographic or sexually explicit materials.  Chain letters.

 Information related to religious materials, activities, or causes – including inspirational messages.  Solicitations unless sanctioned by the City of Dover.  Auction-related information or materials unless sanctioned by the City of Dover.  Games or other software copyrighted materials without a legitimate business or instructional purpose (and then only according to the rights and licenses granted by the owner of the games, software, or copyrighted material.)  Messages that disparage other companies or products.  Materials related to personal commercial ventures or solicitations for personal gain (including, but not limited to messages that could be considered pyramid schemes).  Information related to political materials, activities, or causes unless sanctioned or permitted by the City of Dover.  Unauthorized or inappropriate mass distribution of communication.  Any other materials that would be improper under this policy or other City of Dover policies. Inappropriate use of the Internet includes, but is not limited to, accessing, sending or forwarding information about, or downloading (from):  Sexually explicit, harassing, or pornographic sites.  “Hate sites” or sites that can be considered offensive or insensitive.  Auction sites for personal use.  Gambling sites.  Non City of Dover business-related chat sites.  Underground or other security sites which contain malicious software and/or instructions for compromising City of Dover security.  Games, software, audio, video, or other materials that are not properly licensed to use or transmit, or that are inappropriate.  Offensive or insensitive materials, such as sexually or racially oriented topics.  Intentional importation of viruses. REMEDIAL ACTION When IT learns of a possible inappropriate use, IT will immediately notify the employee or supervisor who must take immediate remedial action and inform IT of its action. Repeated violations will be addressed with the Department Head. In instances where criminal activity is suspected, IT will work directly with the proper authorities, and follow their guidance in determining appropriate action. Inappropriate use of City communications and computer systems may be grounds for discipline up to and including dismissal. New Section SECTION 8. SOCIAL NETWORKING: PERSONAL ONLINE/INTERNET CONTENT POLICY City of Dover Employees are advised that their conduct both on and off duty is judged by our citizens and reflects on the City. This includes, but is not limited to, conduct related to materials posted on the internet or disseminated electronically. No employee shall allow or permit any digital media to be posted to the internet that: 1. Could reasonably be interpreted to express the opinions of the City of Dover. An employee may comment on a subject of general interest and of value and concern to the public provided that, in

doing so, the employee does not suggest or imply that the views expressed are those of City of Dover. 2. Has both a reference to the employee being affiliated with City of Dover and which contains content that is unprofessional, unbecoming or illegal, such as lewd sexual conduct, excessive alcohol consumption or similar behaviors. 3. Could be reasonably interpreted as having an adverse effect upon City morale, discipline, and operation of the agency, safety of staff or perception of the public. 4. Contains any recording, including images, obtained while engaged in the performance of duties or other city activities that will have an adverse effect upon the agency. Clarification on appropriate postings, if needed, shall be directed to the Human Resources Director. New Section SECTION 9. PREGNANT WORKERS FAIRNESS ACT GUIDELINES PURPOSE The purpose is to set forth the City of Dover’s policy regarding workplace protections afforded to pregnant employees and applicants for employment, who have a pregnancy-related condition, including but not limited to child birth and lactation, under the Pregnant Workers Fairness Act (Delaware Senate Bill 212, enacted September 9, 2014). DEFINITIONS The following definitions are for the purposes of this policy: Pregnancy: Includes pregnancy, childbirth or a related condition, including, but not limited to, lactation. Reasonable Accommodation: Making reasonable changes in the workplace, including, but not limited to, making facilities accessible, modifying equipment and providing mechanical aids to assist in operating equipment, making reasonable changes in the schedules or duties of the job, temporary transfers, time off to recover from childbirth, or break time and appropriate facilities for expressing breast milk, provided that the accommodations do not impose an undue hardship on agency operations. Undue Hardship: An accommodation which would require significant difficulty or expense to the employer. GENERAL PROVISIONS 1. It shall be an unlawful employment practice for an employer to fail, refuse to hire, discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, condition or privileges of employment because of such individual’s sex (including pregnancy status). 2. The City of Dover is required to make reasonable accommodations for the known limitations of pregnant employees, as long as the accommodation does not constitute an undue hardship for the employer. 3. Reasonable accommodations must be made for employees whose ability to work is limited by pregnancy, childbirth, lactation and related conditions. 4. Accommodations for pregnant employees must be the same as those that are available to those employees with other injuries or disabilities. 5. Accommodations may include providing periodic rest, light-duty assignments, temporary transfer to an alternative position, modified work schedule or job responsibilities, and providing more frequent or longer breaks.

The City is not required to compensate for additional or longer breaks; however, employees taking longer or more frequent breaks for a pregnancy-related condition (including expressing milk) must be compensated consistent with the City’s existing policy regarding compensation for break periods. 6. Guidelines Specific to Nursing Mothers: a. The City shall designate a location, other than a bathroom, for nursing mother to express milk, that is shielded from view and free from intrusion from co-workers and the public. b. The City shall provide reasonable break time for an employee to express breast milk for up to one (1) year after the birth of a child. c. The employee must be completely relieved from duty or the time must be compensated as work time. d. Break for expressing breast milk shall not be considered Family Medical Leave Act leave. 7. The City is not permitted to require an employee to take leave (paid or unpaid) under any leave law or policy if another reasonable accommodation can be provided. 8. Medical documentation may be requested in order to determine the employee’s restrictions or limitations for purposes of providing a reasonable accommodation. 9. The City shall not take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation to the known limitations related to the pregnancy of the employee. EMPLOYEE RESPONSIBILITIES 1. Employees must notify their supervisor in writing of the need for accommodation, including the need for breaks or facilities to express breast milk. Notification should include the frequency and duration of breaks, when feasible. 2. Employees shall meet with their supervisor and Human Resources to obtain and complete the appropriate forms regarding their accommodation request. CITY’S RESPONSIBILITIES 1. The City shall provide employees with written or verbal notification of their rights under this law within ten (10) days of notification of the employee’s pregnancy. 2. The City shall provide notice of this policy in writing to new employees at the commencement of employment. The entire legislation can be viewed at the following link. https://legis.delaware.gov/BillDetail?legislationId=22971 Questions are to be directed to the Human Resources Department. 736-7073.

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 6/1/18 PREPARED BY: Planning Staff and David S. Hugg III, Director of Planning & Community Development SUBJECT: Revisions to the Zoning Ordinance, Article 3, Section 20 adding a section 20B - Industrial Park Manufacturing Zone - Industrial Aviation and Aeronautics Center (IPM3); and to Zoning Ordinance, Article 4- Zoning Bulk and Parking Regulations; and to Zoning Ordinance, Article 5, Section 8 - Performance Standards REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Sponsored by William Hare and Dave Hugg EXHIBITS: Proposed ordinance updates EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: June 12, 2018: Committee hearing, Referral for First Reading June 25, 2018: First Reading by City Council, Referral to Planning Commission July 16, 2018: Planning Commission Hearing and Recommendation to City Council August 13, 2018: City Council Hearing and Adoption RECOMMENDED ACTIONS: Adoption of the proposed amendments BACKGROUND The Civil Air Terminal (CAT) is located within the city limits of Dover at the end of Horsepond Road (K348), east of Starlifter Avenue and adjacent to the Dover Air Force Base (DAFB). The site has a physical connection to the DAFB runways and taxiways and operates under a joint use agreement with DAFB, which permits private air traffic to use these facilities to access the CAT site. The CAT site is also adjacent to several undeveloped parcels owned by the Kent County Levy Court within the Kent County Aeropark (KCA), an industrial park on Horsepond Road. A group of stakeholders invested in the CAT and the KCA have been working to identify challenges to development of the industrial park. These stakeholders include the Kent County Economic Partnership, DelDOT, the Delaware River and Bay Authority, and Kent County. The stakeholders have long recognized that the industrial park’s proximity to the CAT provides a unique opportunity for businesses that may benefit from a direct connection to the terminal. However, the stakeholders have also identified several key restraints on development, including uncertainty about what kind of development would be allowed on the site by zoning. It is anticipated that the site use will be dependent on the aircraft industry or will utilize aircraft as a major component of the business model. However, most of the potential aviation and aeronautics uses are not explicitly allowed under current City of Dover Zoning Ordinance, and/or conflict with other development standards contained within the code. The site stakeholders worked with the Planning Office to determine the most effective means of addressing the code conflicts, and the result is this proposal for a new Industrial Park Manufacturing Zone, the IPM3 (Industrial Park Manufacturing Zone- Industrial Aviation and Aeronautics Center). Like the existing IPM2 Zone, this is a specialized zoning classification that is intended to apply to a limited part of the City, in this case only near the

CAT and the KCA. The IPM3 is proposed to permit a wide range of uses directly related to aviation, defined as the flying and operating of aircraft, and aeronautics, defined as the science and engineering of aircraft. The IPM3 is also proposed to relax some standards that if enforced could impede aircraft operation and testing, such as tree planting standards. The Planning Office and the stakeholder group believe adopting these changes will spur economic development of the KCA and ultimately related industry in the wider Dover area. PROPOSED AMENDMENTS A brief overview of the changes in the Zoning Ordinance is as follows: Article 3 Section 20B - This is a new section, containing the permitted, conditional, and prohibited uses in the IPM3, as well as exemptions from provisions elsewhere in the Zoning Ordinance related to trees, storage trailers, and fences. The section establishes that there are no exemptions from the City’s Performance Standards, nor any from the AEOZ (Airport Environs Overlay Zone), which governs permitted uses near the Dover Air Force Base based on noise generated by the base and aircraft accident risk. Article 3 Section 24 - Changes to this section establish that the new IPM3 Zone (as well as the IPM and IPM2 Zones) are not an appropriate place to locate a Planned Neighborhood Development- Senior Citizen Housing Option. Article 4 Section 4.16 - Changes to this section establish bulk standards for the IPM3 Zone, including minimum lot size, setbacks, and parking, and maximum building height, floor area ratio, and lot coverage. Article 5 Section 8 - Changes to the City’s performance standards establish that uses in the IPM3 Zone are subject to performance standards, as well as in some cases to the City’s performance standards review procedure. In addition, changes establish that only transportation facilities open to the public are exempt from the City’s noise standards. Fully private transportation facilities developed in the IPM3 Zone will be subject to the City’s noise standards. COMPREHENSIVE REZONING PROJECT Should adoption of this ordinance be successful, no parcels will immediately be zoned IPM3. Planning Staff will bring a Comprehensive Rezoning Project before the Planning Commission and City Council to establish the zoning district’s boundaries. This process for comprehensive zoning map amendments is outlined in the Zoning Ordinance, Article 10 Section 5 – Amendments. It will take the form of an ordinance that rezones multiple properties to the IPM3 Zone at once. A Comprehensive Rezoning will save property owners the trouble of having to apply to the City themselves to get their properties under the new zoning classification. At present there is not yet a list of specific properties under consideration for Comprehensive Rezoning to IPM3; Planning Staff expects to continue working with stakeholders to identify appropriate properties near the Civil Air Terminal.

1 MI-18-05: Text Amendment: Creation of IPM3 Zone (Industrial Park Manufacturing- Industrial Aviation 2 and Aeronautics Center) 3 6/7/2018- Version 2.3 4 Article 3 Section 20B. - Industrial park manufacturing zone— Industrial Aviation and Aeronautics 5 Center (IPM3). 6 20B.1 Uses permitted. In an IPM3 zone, no building or premises shall be used and no 7 building or part of a building shall be erected, which is arranged, intended or designed to be 8 used, in whole or in part, for any purpose, except the following, and in accordance with 9 performance standards review procedure as set forth in article 5 sections 8.2 and 8.6, and 10 subject to site development plan approval as set forth in article 10, section 2: 11 20B.11 Airports, spaceports, and related facilities, including passenger terminals, cargo 12 facilities, hangars, refueling operations, parking facilities and other uses integral to 13 airport or spaceport operations. 14 20B.12 Commercial or industrial uses that are related to aviation or aeronautics and/or 15 require direct access to an airport, spaceport, or aviation/aeronautics services, including 16 assembly or sale of aircraft or spacecraft, air frames, aircraft or spacecraft engines, 17 associated parts and components, radios or navigational equipment, and similar 18 products or services. 19 20B.13 Public and institutional uses that support the aviation or aeronautics industries 20 such as aviation or aeronautics technical schools, security services, and inspection 21 facilities. 22 20B.14 Bulk storage of fuel, lubricants, fire suppression and other materials integral to 23 design, construction, testing, maintenance, or operation of aircraft or spacecraft. 24 20B.15 Printing, publishing, binding, packaging, storage, warehousing, and 25 transshipment and distribution. 26 20B.16 Business, professional, or administrative offices. 27 20B.17 Radio or television broadcasting towers, telecommunications towers, antenna 28 arrays, and receiving satellite dishes that support aviation, aeronautics, or related 29 operations. 30 20B.2 Conditional uses. The following uses are permitted, conditional upon the approval of 31 the planning commission in accordance with the procedures and subject to the general 32 conditions set forth in article 10, section 1: Service establishments such as auto rental and 33 travel agencies, commercial parking lots and garages, automobile service stations, car 34 washes, banks, gift shops, newsstands, bookstores, restaurants, bars, medical offices, postal 35 facilities, laundry services, and similar facilities available to airport or spaceport users and 36 employees. The application for conditional use shall clearly demonstrate the relationship of 37 the proposed use to an existing or proposed airport or spaceport. 38 20B.3 Uses prohibited. The following uses are specifically prohibited: 39 20B.31 Residences. 40 20B.32 Manufacturing uses involving primary production of the following products from 41 raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, 42 ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone black,

43 creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) 44 of an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, and 45 hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar products, 46 including gas manufacturing; explosives, fertilizers, glue, and size (animal); linoleum and 47 oil cloth; matches; paint, varnishes, and turpentine; rubber (natural or synthetic); [and] 48 soaps, including fat rendering. 49 20B.33 The following processes: nitrating of cotton or other materials; magnesium 50 foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining 51 secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, 52 [and] lubricating oil; distillation of wood or bones; [and] reduction and processing of 53 wood pulp and fiber, including papermill operations. 54 20B.34 Operations involving stock yards, slaughter houses, and slag piles. 55 20B.35 Storage of explosives. 56 20B.36 Landfills. 57 20B.37 Quarries, stone crushers, screening plants, and storage of quarry screenings 58 accessory to such uses, except for temporary construction activities supporting a 59 specific construction project in the IPM-3 zone or the adjoining air facility, and lasting 60 only the duration of that construction project. 61 20B.38 Junkyards, automobile dismantling plants or storage of used parts of 62 automobiles or other machines or vehicles or of dismantled or junked automobiles. 63 20B.39 Public assembly facilities, including, but not limited to, churches, libraries, 64 sports fields, theaters, and amphitheaters. 65 20B.4 Tree planting requirements in the IPM3 zone. 66 20.B41 No new trees shall be planted within 120 feet of any pavement area taxied by 67 operational aircraft or spacecraft. For the purpose of fulfilling the tree density 68 requirements of Article 5, Section 16- Tree planting and preservation, the area of this 69 pavement plus the area of the 120-foot wide buffer around it shall be excluded from the 70 required development area for the property as defined in that section. 71 20.B42 All new trees shall be of a species that does not typically exceed 50 feet in 72 height at maturity. 73 20B.5 Site development plan approval. Site development plan approval, in accordance with 74 article 10, section 2 hereof, shall be required prior to the issuance of building permits for the 75 erection or enlargement of all structures and prior to the issuance of certificates of 76 occupancy for any change of use. 77 20B.6 Performance standards. All uses in the IPM3 zone are subject to performance 78 standards as set forth in article 5, section 8, including any uses not subject to the 79 performance standards review procedure. 80 20B.7 Exemptions. Uses in the IPM3 zone are exempt from the following provisions of the 81 City of Dover Code of Ordinances: 82 20B.71 Outdoor storage trailers. Appendix B, Article 5, Section 7.4, where the use of 83 outdoor trailers for storage or distribution is a primary use of the site. 84 20B.72 Fences. Appendix B, Article 5, Section 7.5, where

85 a. Dover Air Force Base requires a more robust fence, in which case the fence 86 shall be constructed per Dover Air Force Base Standards; or 87 b. it can be demonstrated to the satisfaction of the Planning Commission that a 88 more robust fence is required for site safety and security reasons. In approving 89 a waiver for such a fence, the Commission shall consider the following factors: 90 i. The design of the proposed fence, including material and opacity. 91 ii. Whether there are residential land uses adjacent to or across the street 92 from the proposed fence. 93 iii. The proposed setback of the fence from the property line. 94 iv. Whether a berm or vegetated screen could feasibly be included in the 95 setback to screen the fence from view, without compromising the security 96 function of the fence or introducing vegetation hazardous to aircraft or 97 spacecraft operations. 98 20.B8 Compliance with AEOZ. Properties in the IPM3 zone shall not be exempt from the 99 requirements of Appendix B, Article 3 Section 22- Airport environs overlay zone (AEOZ). If the 100 proposed use of a property is permitted in the IPM3 zone but prohibited based on the 101 property’s location within an accident potential zone (APZ I and II), clear zone (CZ) or noise 102 zone, the use shall be prohibited on that property. 103 104 Article 3, Section 24. - Planned neighborhood design option [(PND)]. 105 24.1 General[ly]. 106 (a) Planned neighborhoods. In order to encourage superior residential environments through a unified 107 planning process, the planned neighborhood design option shall be permitted in R-20, R-15, R-10, R-8, 108 RM-1 and RM-2 zones as a conditional use subject to the provisions of article 10 of this ordinance and 109 after a determination by the planning commission that the proposed planned neighborhood design 110 presents a superior community design than would be possible under the conventional zone and is in 111 accordance with the goals and policies of the comprehensive plan. The minimum size required for a 112 planned residential development shall be 20 acres. 113 (b) Senior citizen housing option. In order to encourage the development of high quality housing 114 opportunities designed to accommodate the particular needs of senior citizens, the senior citizen housing 115 option shall be permitted in all zones as a conditional use, except in the M, IMP IPM, IPM2, IPM3, and C- 116 4 zones within which this option shall not be applicable. Preference shall be given to those projects which 117 are within close proximity to public transit services and which are situated within one-quarter mile of a 118 grocery store, pharmacy, restaurant, physician office, senior center or similar convenience service 119 establishment. 120 [rest of section omitted] 121 122 Article 4, Section 4.16. - M, IPM zones.

123 Bulk and parking regulations for industrial zones in M and IPM [districts are as follows]: IPM3 IPM IPM2 IPM (Planned For All Permitted Uses M (Conventional (Technology Industrial Park) Planned) Center) 2½ acres average; ½ Lot area 2½ acres 60,000 sq. ft. 10 acres acre 1 acre minimum Lot width (ft.) 100 200 150 100 100 Lot depth (ft.) 150 300 250 100 100 Front yard (ft.) 40 60 60 60 40 Side yard (ft.) 20 40 40 40 20 Rear yard (ft.) 20 40 40 40 20 Side or rear yard which adjoins a 50 100 100 100 50 residential zone (ft.) Off-street parking space: Per 800 sq. ft. of floor area 1 1 1 1 1 Per employee, per largest working shift (if greater than the 1 1 1½ 1 1 requirement under the floor area calculation) Maximum permitted: Building height Stories 2 Not limit 2 Not limit Not limit Feet 35 Equal to 35 Equal to 75* distance to distance to

nearest lot nearest lot line line Floor area ratio 0.5 0.5 0.5 0.5 0.5 Lot coverage 85% 124 125 *Building height shall comply with all applicable Federal Aviation Administration, Department of 126 Defense, and Unified Facilities Criteria height restrictions and obstruction marking and lighting 127 standards. 128 129 Section 8. - Performance standards. 130 8.1 Dangerous and objectionable elements. No land or building in any zone shall be used or occupied 131 in any manner so as to cause any one or more of the following conditions to exist and to be 132 dangerous, injurious, noxious or offensive beyond the boundaries of such premises in such a 133 manner or in such amount as to adversely affect the reasonable use of the surrounding area or 134 adjoining premises: Fire, explosive or other hazard; noise, or vibration; smoke, dust, odor or other 135 form of air pollution; heat, cold, dampness or electromagnetic disturbance; glare, liquid or solid 136 refuse or waste; traffic congestion causing roadways or intersections in the surrounding highway 137 network to fall below acceptable levels of comfort and convenience; or other substance, condition or 138 element (referred to hereinafter as "dangerous or objectionable elements"), provided that any use 139 permitted or not expressly prohibited by this ordinance may be undertaken and maintained if it 140 conforms to the regulations of this section limiting dangerous and objectionable elements at the point 141 of the determination of their existence. 142 8.2 Uses requiring performance standards review procedure. Those uses in the C-3, IPM, IPM2, IPM3 143 and M zones and uses accessory thereto, which are specified as being subject to performance 144 standards review procedure, are subject to the procedure specified in article 5, section 8.6 in 145 obtaining a site plan approval. The city planner may require other uses, whether existing or proposed 146 and regardless of the particular zoning district, to submit to the performance standards review 147 procedure when there exists reasonable grounds to believe that a proposed use is in violation, or is 148 likely to violate, the performance standards, in which event, the property owner shall comply with 149 [the] performance standards review procedure. 150 8.3 Enforcement provisions applicable to other uses. Even though compliance with the performance 151 standards procedure in obtaining a site plan approval is not required for some proposed uses, initial 152 and continuing compliance with the performance standards themselves is required of every use, and 153 provisions for enforcement to ensure continued compliance with the performance standards shall be 154 invoked by the city planner against the property owner, tenant, or other responsible party if there are 155 reasonable grounds to believe that performance standards are being violated by a particular activity 156 or use. 157 8.4 Nonconforming uses. Certain uses established before the effective date of this ordinance and 158 nonconforming as to performance standards shall be given a reasonable time in which to conform 159 therewith, as provided in article 7, section 1.53.

160 8.5 Performance standards regulations. Where the following regulations overlap regulations of the 161 Delaware Department of Natural Resources and Environmental Control or other state or local 162 agencies, the more restrictive regulations shall apply in case of a conflict: 163 8.51 Fire and explosion hazards. All activities involving, and all storage of, inflammable and 164 explosive materials shall be provided at any point with adequate safety devices against the hazard of 165 fire and explosion and adequate firefighting and fire suppression equipment and devices standard in 166 the industry. Burning of waste materials in open fires is prohibited at any point. The relevant 167 provisions of the state and local laws and regulations shall also apply. 168 8.52 Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit 169 dangerous radioactivity at any point, or electromagnetic disturbance adversely affecting the 170 operation at any point of any equipment other than that of the creator of such disturbance. 171 8.53 Noise. The maximum sound pressure level radiated by any use or facility (other than 172 transportation facilities open to the public) at the property line shall not exceed the values in the 173 designated octave bands given in [the following] table I, after applying the corrections shown in [the 174 following] table II. The sound pressure level shall be measured with a sound level meter and 175 associated octave band analyzer conforming to standards prescribed by the American Standards 176 Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 177 Z243-1944, American Standards Association, Inc., New York, N.Y., and American Standard 178 Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10- 179 1953, American Standards Association, Inc., New York, N.Y., shall be used). 180 Table I Octave Band Sound Pressure Range In Level in Decibels Cycles re 0.0002 per Second dyne/cm 2 30— 300 60 301—2,400 40 Above 2,400 30 181 182 If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 183 a.m., one or more of the corrections in table II shall be applied to the decibel levels given in table I. 184 Table II Type of Location of Operation Correction in or Character of Noise Decibels 1. Daytime operation only

2. Noise source operates less than* a. 20 percent of any one-hour period 5 b. 05 percent [sic] of any one-hour period 10 3. Noise of impulsive character (hammering, etc.) -5 4. Noise of periodic character (hum, screech, etc.) -5 Property is located in one of the following zones and is not within 500 feet of 5. any residential district*: a. Central commercial C-2 zone 5 Service commercial C-3 zone b. 10 Manufacturing M zone 6. Property is located in industrial park manufacturing zone IPM, IPM2, or IPM3 10 185 186 *Apply one of these corrections only. 187 8.54 [ Vibration. ] No vibration shall be permitted which is discernible without instruments at the 188 property line. 189 8.55 Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible 190 grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, 191 published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954 (being a direct facsimile 192 reduction of the standard Ringlemann chart as issued by the United States Bureau of Mines), except 193 that visible grey smoke of a shade equal to No. 2 on said chart may be emitted for four minutes in 194 any 30 minutes. These provisions applicable to visible grey smoke shall also apply to visible smoke 195 of a different color, but with an apparently equivalent opacity. Any emission shall be in conformance 196 with air pollution regulations of the Delaware Department of Natural Resources and Environmental 197 Control. 198 8.56 Odors. No emission shall be permitted of odorous gases or other offensive odorous matter in 199 such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air 200 emitted to four volumes of clean air. Any process which may involve the creation or emission of any 201 offensive odors shall be provided with a secondary safeguard system, so that control will be 202 maintained if the primary safeguard system should fail. There is hereby established as a guide in 203 determining such quantities of offensive odors Table III, Odor Thresholds, in chapter 5, "Air Pollution 204 Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington D.C., 205 and said manual and/or table as subsequently amended.

206 8.57 Fly ash, dust, fumes, vapors, gases, and other forms of air pollution. No emission shall be 207 permitted which can cause any damage to health, to animals, vegetation, or other forms of property, 208 or which can cause any excessive soiling, at any point, and/or which does not conform to air 209 pollution regulations of the Delaware Department of Natural Resources and Environmental Control, 210 and, in no event, any emission, from any chimney or otherwise, of any solid or liquid particles in 211 concentrations exceeding 0.3 grain per cu. ft. of the conveying gas resulting from combustion. 212 Standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 213 percent excess air. 214 8.58 [ Glare. ] No direct or sky-reflected glare, whether from floodlights or from high-temperature 215 processes such as combustion or welding or otherwise, shall be permitted. This restriction shall not 216 apply to signs otherwise permitted by the provisions of this ordinance. 217 8.59 Liquid or solid wastes. No discharge shall be permitted at any point into any public sewer, 218 private sewage disposal system or stream, or into the ground, except in accord with standards 219 approved by the Delaware Department of Natural Resources and Environmental Control, of any 220 materials of such nature or temperature as can contaminate any water supply or otherwise cause the 221 emission of dangerous or offensive elements. 222 8.60 Traffic congestion. When, in the surrounding highway network, operating conditions are at or 223 near the design capacity level beyond which would result in functional failure of the surrounding 224 highway network. All speeds are reduced to a low, but relatively uniform value. Freedom to 225 maneuver within the traffic stream is extremely difficult, and it is generally accomplished by forcing a 226 vehicle or pedestrian to "give way" to accommodate such maneuvers. Comfort and convenience 227 levels are extremely poor, and driver or pedestrian frustration is generally high. Operations at this 228 level are usually unstable, because small increases in flow or minor perturbations within the traffic 229 stream will cause functional failures beyond acceptable levels. (The conditions described in this 230 [sub]section are also used to describe "level of service E" as defined by the highway capacity 231 manual developed by the transportation research board, dated 1985.) 232 8.6 Performance standard procedure. 233 8.61 Application. An application for a site plan approval shall be accompanied with a performance 234 standard review application when a use or occupancy is required, and shall be referred by the 235 building inspector city planner to the planning commission. The applicant shall also submit, in an 236 amount equal to the required number of site plan submissions, a plan of the proposed construction 237 or development, including a description of the proposed machinery, operations, and products, and 238 specifications for the mechanisms and techniques to be used in restricting the emission of 239 dangerous and objectional elements referred to in article 5, section 8.1, in accordance with rules 240 prescribed by the planning commission specifying the type of information required in such plans and 241 specifications, and an affidavit by the applicant acknowledging his understanding of the applicable 242 performance standards and agreement to conform with same at all times. 243 No applicant will be required to reveal any secret processes, and any information submitted will be 244 treated as confidential if requested. The fee for such application shall include the cost of the special 245 reports required to process it, described below. 246 8.62 Report by expert consultants. The planning commission, if there is any reasonable doubt as to 247 the likelihood of conformance, shall refer the application for investigation and report to one or more 248 expert consultants qualified to advise as to whether a proposed use will conform to the applicable 249 performance standards specified herein. Such consultant or consultants shall make such report 250 within 30 days after his or their receipt of such application. A copy of such report shall be promptly 251 furnished to the applicant. 252 8.63 Decision of the planning commission. At the next regular meeting of the planning commission, 253 but in no event more than 30 days after the board has received the aforesaid report, or within such 254 further period as agreed to by the applicant, the board shall decide whether the proposed use will 255 conform to the applicable performance standards and, on such basis, shall authorize or refuse to

256 authorize the issuance of a building permit or certificate of occupancy, or require a modification of 257 the proposed plan of construction. Such decision of the commission shall be in the form of a written 258 report. Any building permit or certificate of occupancy so authorized and issued shall be conditioned 259 on, among other things: 260 (i) The applicant's completed buildings and installations in operation conforming to the 261 applicable performance standards, and 262 (ii) The applicant's paying the fees for services of the expert consultant or consultants 263 deemed reasonable and necessary by the planning commission for advice as to whether or 264 not the applicant's completed buildings and installations will, in operation, conform to the 265 applicable performance standards. 266 (Ord. of 4-25-1994; Ord. of 4-28-2008(2)) 267 REVISE THE FOLLOWING DEFINITION IN ARTICLE 12- DEFINITIONS: 268 Nonresidential zones: C-1, C-1A, C-2, C-2A, C-3, C-4, C-PO, RC, IO, M, IPM, IPM2, IPM3, SC-2, [or] SC- 269 3 [zone]. 270 271 SYNOPSIS: 272 The proposed ordinance adds a new zoning classification, IPM3 (Industrial Park Manufacturing 273 Zone- Industrial Aviation and Aeronautics Center), which is intended primarily to permit 274 businesses in aviation and aeronautics-related industries. The ordinance also creates bulk 275 standards for the new zone and makes minor changes to the performance standards to ensure 276 uses in the IPM-3 zone are covered under them. 277 278

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 6/1/18 PREPARED BY: Planning Staff and David S. Hugg III, Director of Planning & Community Development SUBJECT: Revisions to the Zoning Ordinance, Article 6, Section 3 by removing the maximum parking requirement; and Revisions to the Zoning Ordinance, Article 4 adding maximum impervious surface requirements for properties in the C-3, C-4, RC, M, IPM, and IPM2 Zones. REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Sponsored by Dover Planning Staff EXHIBITS: Proposed ordinance updates EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: June 12, 2018: Committee hearing, Referral for First Reading June 25, 2018: First Reading by City Council, Referral to Planning Commission July 16, 2018: Planning Commission Hearing and Recommendation to City Council August 13, 2018: City Council Hearing and Adoption RECOMMENDED ACTIONS: Adoption of the proposed amendments BACKGROUND In 2009, the City adopted an amendment to the parking regulations of the Zoning Ordinance establishing a maximum parking requirement (Ordinance #2009-12). Under this amendment, the maximum number of parking spaces allowable for any use is set at 25% over the minimum parking spaces required. For instance, if by Code a new use is required to have at least 100 parking spaces, then they are also not permitted to have any more than 125 parking spaces. The intent of the amendment was to protect the City from projects proposing to build excessive amounts of parking. Businesses with much more parking than they need pose potential environmental risks (due to flooding from large amounts of stormwater runoff from impervious surfaces), potential safety risks (due to difficulty of monitoring large lots) and otherwise take up large amounts of space they rarely use. Though the 2009 amendment was well intended, implementation has proved problematic. The percentage-based maximum severely limits small projects’ flexibility in terms of how much parking they can build. For instance, if by Code a new use is required to have at least 10 parking spaces, it can only build an additional 2 parking spaces before hitting the maximum. The maximum parking requirement is also problematic for specific kinds of uses with small buildings but large customer turnover, such as doctors’ offices and restaurants. Because the amendment did not include any provisions for a waiver, relief from the maximum parking requirement has been a recurring variance request at the Board of Adjustment. The present proposed amendment aims to preserve the intent of the 2009 amendment while addressing its shortcomings. Rather than enacting an explicit maximum parking requirement, the new amendment limits parking by proxy, establishing maximum impervious surface requirements for several zoning classifications that did not previously have any- these zones also being the ones most prone to development of businesses with large parking lots. Limiting impervious surface coverage means that parking lot sizes are kept in check, as they must share

space with buildings and other impervious surfaces such as sidewalks. Developers are free to decide on an appropriate balance between the space given to parking, buildings, and other areas based on the needs of future businesses. The zones affected are the C-3 (Service Commercial Zone), C-4 (Highway Commercial Zone), RC (Recreational and Commercial Zone), M (Manufacturing Zone), IPM (Industrial Park Manufacturing Zone), and IPM2 (Industrial Park Manufacturing- Technology Center Zone). It is noted that the IPM3 (Industrial Park Manufacturing - Industrial Aviation and Aeronautics Center) Zone proposed in a separate text amendment also would have a maximum impervious surface coverage established as part of its consideration. PROPOSED AMENDMENTS A brief overview of the changes in the Zoning Ordinance is as follows: Article 4 Section 4.15 - Changes to this section set maximum impervious surface coverages for the C-3, C-4, and RC Zones at 80%, 75%, and 85% respectively. Article 4 Section 4.1 6- Changes to this section set maximum impervious surface coverages for the M, IPM (conventionally planned), IPM (planned industrial park) and IPM2 Zones at 85%, 75%, 65%, and 65% respectively. Article 6 Section 3.11- The text of the 2009 amendment is proposed to be removed entirely.

1 MI-18-06: Text Amendment: Replacement of Maximum Parking Requirement 2 6/7/2018- Version 1.1 3 Article 4, Section 4.15. - [C-3, C-4, R-C, IO, and CPO zones.] 4 Bulk and parking regulations for service commercial (C-3), highway commercial (C-4), recreation and 5 commercial (R-C), institutional and office (IO), and commercial and professional office (C-PO) zones are 6 as follows: C-3 C-4 RC IO C-PO Minimum required: 5 10,000 sq. 5,000 sq. Lot area acres ft. ft. Lot width (ft.) 100 150 250 100 50 Lot depth (ft.) 100 150 400 100 100 Front yard (ft.) 20 20 30 10 10 Side yard (ft.) 15 15 50 10 5 10 or equal to bldg. Rear yard (ft.) 10 50 15 15 height Side or rear yards which adjoin a 30 30 100 30 25 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 1 1 1 1 Per employee (whichever is greater) 1 1 Maximum permitted: Building height Stories 6 6 10 10 3

Feet 75 75 130 150 45 Floor area ratio 4.0 4.0 4.0 6.0 2.0 Lot coverage 80% 75% 85% 85% 75% 7 (Ord. of 4-25-1994; Ord. No. 2008-33, 8-25-2008; Ord. No. 2014-08, 7-14-2014 ) 8 9 Article 4, Section 4.16. - M, IPM zones. 10 Bulk and parking regulations for industrial zones in M and IPM [districts zones are as follows]: IPM IPM2 IPM (Planned For All Permitted Uses M (Conventional (Technology Industrial Park) Planned) Center) 2½ acres ½ Lot area 2½ acres average; 60,000 10 acres acre sq. ft. minimum Lot width (ft.) 100 200 150 100 Lot depth (ft.) 150 300 250 100 Front yard (ft.) 40 60 60 60 Side yard (ft.) 20 40 40 40 Rear yard (ft.) 20 40 40 40 Side or rear yard which adjoins a 50 100 100 100 residential zone (ft.) Off-street parking space: Per 800 sq. ft. of floor area 1 1 1 1 Per employee, per largest working 1 1 1½ 1 shift (if greater than the

requirement under the floor area calculation) Maximum permitted: Building height Stories 2 Not limit 2 Not limit Equal to distance Equal to distance Feet 35 35 to nearest lot line to nearest lot line Floor area ratio 0.5 0.5 0.5 0.5 Lot Coverage 85% 75% 65% 65% 11 12 (Ord. of 3-24-1986; Ord. of 7-12-1993, § 1; Ord. of 8-23-1999; Ord. No. 2009-18, 10-12-2009) 13 14 Article 6, Section 3. - Required off-street parking spaces. 15 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided 16 for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as specified below for 17 each use in any zone, whichever is greater. 18 (a) Exceptions. 19 i. Where Article 3—District Regulations, specifies a minimum parking requirement, this parking 20 requirement shall prevail. 21 ii. For existing buildings within the C-2 zoning district, the requirements of Article 4, Section 22 4.14—[C-1, C-1A, C-2, C-2A zoned], bulk and parking regulations governing the C-2 zoning 23 district shall prevail. For: At Least One Parking Space For Each Two hundred (200) square feet of floor area, but not less than Places of worship one (1) space for each four (4) seats, where provided Libraries Three hundred (300) square feet of floor area Medical offices—All types Three hundred (300) square feet of floor area

Nursery school or kindergarten Adult attendant, plus one for every 20 children Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or gymnasium High school, technical school, college Five (5) seats in main auditorium/cafeteria or gymnasium; if or university none, see Article 4—Zoning, Bulk and Parking Regulations Hospitals or sanitariums Three beds Two (2) per dwelling unit and one (1) for every two hundred Apartments (200) square feet of office space and 0.25 per dwelling unit for visitor space Roominghouses Guestroom Dormitories Three (3) beds Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats Funeral homes Two (2) employees, plus five (5) spaces for each chapel Guestroom, plus one (1) for every 200 square feet of office Hotels and motels space, banquet hall, or meeting areas Athletic fields, baseball, football or boxing stadiums and arenas; race Three (3) seats tracks Golf courses Per employee and four (4) parking spaces for each hole Golf or baseball driving range One-half (½) stall Airports Per employee and for each two (2) airplanes in storage 24 25 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street 26 parking spaces include any private garage, carport, or other area available for parking, other than a 27 street or driveway. However, a driveway within a required front yard for a one-family or two-family 28 residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3.

29 3.3 Location and ownership of required accessory parking facilities. Required accessory parking spaces, 30 open or enclosed, may be provided upon the same lot as the use to which they are accessory, or 31 elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In all 32 cases, such parking spaces shall conform to the regulations of the district in which they are accessory 33 and shall be subject to deed restriction, filed with the city clerk, binding the owner and his heirs and 34 assigns to maintain the required number of spaces available either: 35 (a) Throughout the existence of such use to which they are accessory; or 36 (b) Until such spaces are provided elsewhere. 37 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width and 38 at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 39 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at 40 least ten feet of width so that one-way drives have at least ten feet of width and that two-directional 41 drives have two lanes of ten feet each. Unless otherwise specified within this section, access shall be 42 provided by at least one two-directional drive lane or two one-directional drive lanes. 43 3.6 Drainage and surfacing. 44 (a) All open permanent parking areas and access drives shall be properly drained and all such areas 45 shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface. 46 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least six inches 47 in height. The city planner may relax this requirement for a portion of a parking area when there 48 is a demonstrated need to convey stormwater to a proposed or approved stormwater 49 management area. Curbing shall not be required for loading areas, handicapped access and for 50 parking spaces accessory to a one-family or two-family residence (see also article 6, section 5.3). 51 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to 52 serve, jointly, two or more establishments, whether or not located on the same lot, provided that the 53 number of required spaces in such joint facilities shall be not less than the total required for all such 54 establishments. 55 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, 56 the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively 57 demonstrated that one or more such uses will be generating a demand for parking spaces primarily 58 during periods when the other use or uses is not or are not in operation, the planning commission may 59 reduce the total parking spaces required for that use with the least requirement. 60 (a) Campus Parking Plan. When a new building or building addition is made to a campus involving 61 multiple buildings under common ownership where one or more of the uses will be generating 62 demand for parking when the other use or uses are not in operation, the applicant shall present 63 a campus parking plan as a part of the site development plan that includes an analysis of the 64 parking needs based on the provisions of section 3.8 of this article. 65 3.9 Adjustments to parking requirements. The planning commission or city planner, according to the type 66 of plan review required by appendix B, zoning, article 10, planning commission, may reduce, in an 67 amount not to exceed 50 percent, the number of parking spaces required when, in the opinion of the 68 commission, it has been demonstrated that the use is adequately served by transportation and parking 69 alternatives, including but not limited to: 70 (a) Site plan proposals within the downtown redevelopment target area, as described in appendix C 71 of the Dover Code of Ordinances, may be granted a 20 percent reduction in the amount of off- 72 street parking normally required, due to the availability of mass transit, municipal parking and 73 existing pedestrian amenities. 74 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities, in 75 accordance with the following schedule: 76 (1) Each carpool space shall be equivalent to three standard parking spaces.

77 (2) Each vanpool space shall be equivalent to five standard parking spaces. 78 (3) Every group of five bicycle parking spaces shall be equivalent to one standard parking 79 space. 80 (c) Employer participation in a traffic-mitigation plan approved by the Delaware Department of 81 Transportation. 82 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement of municipal 83 parking facilities that are proposed. The cash-in-lieu of parking contribution shall be in a monetary 84 amount equivalent to the estimated cost of construction for the number of standard surface 85 parking spaces for which the reduction is sought. To take advantage of this option, the developer 86 shall submit to the city engineer a cost estimate for the parking requested to be waived. The city 87 engineer shall examine the estimate for accuracy in current prevailing costs of construction at the 88 time of proposal and shall report to the planning commission his/her findings. 89 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian 90 environment and which include such features as pedestrian plazas and pocket-parks, pedestrian- 91 way connections with existing sidewalk systems and community facilities, park benches and other 92 street furniture, mass transit connections and shelters, and landscaping and shade tree plantings. 93 In all areas, except the downtown redevelopment target area, the planning commission or city planner, 94 according to the type of plan review required by appendix B, zoning, article 10, planning commission, may 95 require the development plans to have an area of open space designated where parking could be 96 constructed less than or equal to the number being reduced. In such cases the plan shall bear a note which 97 explains that the petitioner, in accepting a parking reduction, agrees to construct such additional parking as 98 is otherwise required under the provisions of this appendix, if the planning commission, after a hearing, 99 determines that the reasons for granting said reduction no longer exist. In all such instances where the 100 planning commission determines that the reasons for granting a reduction no longer exist, the owner of 101 record for the subject property for which a reduction was previously granted must construct the parking 102 required to meet the regulations of the city during the next construction season. 103 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one bicycle parking 104 space for every 20 parking spaces or a fraction thereof. The planning commission may waive the 105 requirement for the bicycle parking if it is demonstrated that bicycle parking would not be appropriate 106 for safety reasons or due to the nature of the use of the site. 107 3.11 Maximum number of parking spaces. The maximum number of parking spaces shall not 108 exceed 25 percent over the number of parking spaces required by the code. 109 (Ord. of 12-14-1992(2); Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 4-23-2007(4) ; Ord. No. 110 2009-12, 9-14-2009; Ord. No. 2009-30, 3-8-2010; Ord. No. 2011-29, 1-9-2012; Ord. No. 2011- 111 29, 1-9-2012; Ord. No. 2017-12 , 10-9-2017) 112 113 SYNOPSIS: 114 The proposed ordinance removes the maximum parking space limitation given in Article 6 of the 115 Zoning Ordinance, and replaces it with new maximum lot coverage limitations for several zones 116 where excessive parking lot size is of particular concern, including the C-3, C-4, RC, IPM, IPM- 117 2, and M Zones. This will limit the amount of impervious surface on the property. 118 119

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 6/1/18 PREPARED BY: Planning Staff and David S. Hugg III, Director of Planning & Community Development SUBJECT: Revisions to the Zoning Ordinance, Article 5, Section 4 creating a new subsection to the Sign Code for vehicle signs REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Sponsored by Dover Planning Staff EXHIBITS: Proposed ordinance updates EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: June 12, 2018: Committee hearing, Referral for First Reading June 25, 2018: First Reading by City Council, Referral to Planning Commission July 16, 2018: Planning Commission Hearing and Recommendation to City Council August 13, 2018: City Council Hearing and Adoption RECOMMENDED ACTIONS: Adoption of the proposed amendments BACKGROUND The City’s Sign Code was last updated to address vehicle signs in 2012. At that time the current wording of Zoning Ordinance Article 5, Section 4.6(E) was put in place, prohibiting vehicle signs attached to vehicles that are inoperable or have the “sole purpose of being used as signage.” The current Code does not include any details on how the City should determine whether a vehicle is being used solely as signage. Because of this City Code Enforcement has had difficulty enforcing this rule, and several vehicles potentially in violation may be found with only a cursory drive around the City. The present amendments propose to establish a list of criteria with which the City can more effectively enforce its rule against vehicles being used solely as signage. Among the criteria are whether the sign is temporarily or permanently attached; whether the vehicle ever moves during normal business hours; whether the vehicle could be parked in a different location on the site; and whether there is other signage available to the business. A full list is available in the proposed ordinance itself (Article 5, Section 4.7(H)). According to the proposed amendments, the City Planner would be the one to make a final determination on whether a sign is in violation based on which criteria are met. A vehicle sign would not have to meet all or any particular combination of criteria in order to be considered in violation. PROPOSED AMENDMENTS A brief overview of the changes in the Zoning Ordinance is as follows: Article 5 Section 4.3- The definition of “vehicle sign” has been modified slightly to include signs attached to utility trailers as well as motor vehicles.

Article 5 Section 4.5(Q)- With this change, vehicle signs are framed as a permitted use subject to conditions rather than a prohibited use. Article 5 Section 4.6(E)- Vehicle signs are removed from the list of prohibited types of signs in favor of making them a permitted sign type subject to conditions (see above). Article 5 Section 4.9(H)- This is a new subsection greatly expanding on considerations for vehicle signs. It establishes that vehicle signs in most cases do not need permits, but also prohibits vehicles from being used for the sole purpose of signage, and lists criteria by which the City Planner may determine that this is the case. It also maintains the prohibition against inoperable vehicles being used as signage.

1 MI-18-07: Text Amendment: Vehicle Signs 2 6/7/2018- Version 1.1 3 4 Article 5, Section 4. - Supplementary sign regulations. 5 4.1 Purpose statement. The purpose of this section is to create a legal framework for a comprehensive 6 and balanced system of signs and other street graphics to facilitate an easy and pleasant 7 communication between people and their environment. The ordinance from which this section is 8 derived is enacted to avoid the visual clutter that is potentially harmful to vehicular and pedestrian 9 safety, property values, business environment and opportunities, and community appearance. With 10 these purposes in mind, it is the intent of this section to authorize the use of signs which are compatible 11 with their surroundings, appropriate to the activity that displays them, expressive of the identity of 12 individual activities and the community as a whole, and legible in the circumstances in which they are 13 seen, understanding that it is important for the economic vitality of the community as well as individual 14 businesses and institutions that they are clearly identified and their services are understood by the 15 traveling public. 16 All signs, which are regulated by this section, shall conform to the following general guidelines: 17 A. The legibility of signs. Signs shall be legible under the circumstances in which they are primarily 18 seen. Signs shall legibly convey their messages without being distracting or unsafe to motorists 19 reading them. The legibility of signs is related to the speeds at which they are viewed; the context 20 and surroundings in which they are seen; and the design, colors, and contrasts of the sign copy 21 and sign face. 22 B. The relationship of signs to the buildings and sites they identify. Signs shall be an integral 23 architectural element of the buildings and sites that they identify and their design shall be 24 consistent with, and not detract from, the overall architectural concept of the site. Signs should 25 be of an appropriate size and scale in relation to the buildings on the lot. 26 4.2 General provisions. 27 A. Permitting. No sign, advertising display or structure, poster or device shall be erected, moved, 28 enlarged or reconstructed except in accordance with this section. All signs, except exempt signs, 29 shall require a permit and fee as prescribed in Appendix F, Chapter 22—Buildings and Building 30 Regulations. 31 B. Administration. Administration, interpretation, and enforcement of the provisions of this section 32 shall be under the authority of the city planner or their authorized designee. In administering the 33 provisions of this section, the city planner shall evaluate signs and applications for sign permits 34 for conformity with the design guidelines, standards, and specifications contained herein. Appeals 35 from the application or interpretation of any provision of this section may be processed in 36 accordance with the provisions of article 9 (board of adjustment) of the zoning ordinance. 37 C. Unsafe, dilapidated and illegal signs. If it is determined by the city planner or his authorized 38 designee that any sign is unsafe, presents a hazard to the safe operation and movement of 39 motorized or nonmotorized vehicular traffic, or to pedestrians, or is in a dilapidated condition, or 40 is in a state of disrepair, or is otherwise in violation of any provision of this section, the owner of 41 such sign shall be responsible for removal of such sign and supporting structure within 14 days 42 of receipt of written notification by the city planner. In cases where signs are determined to be 43 unsafe or present a hazard, the city planner may order their removal in a shorter period of time. 44 Responsibility for removal shall be in accordance with subsection 4.10—Nonconforming signs, 45 B., and subsection 4.11—Abandoned and Damaged signs, of this section. 46 D. Setback. All signs, including those which do not require a permit, shall be setback from the right- 47 of-way in accordance with the provisions of Article 5, Section 4.7, unless otherwise specified, and 48 shall not interfere with aboveground or underground utilities. 49 E. Administrative waiver. For existing developed properties where placement of the sign in 50 accordance with the required setback would interfere with existing required parking, fire lane, or

51 other site improvements, the city planner shall have the authority to waive the setback 52 requirement. 53 4.3 Sign definitions. 54 Abandoned sign: A sign relating to or identifying a business or activity which has not been conducted 55 on the premises for 90 days, or seven days after an election or event that the sign is advertising. 56 Adjacent to residential: Property lines which are situated within 200 feet and which front on the same 57 street as a parcel, or group of parcels containing residential uses, or that are zoned for residential uses, 58 excluding residential uses and districts fronting on principal arterial roads. 59 Architectural feature: An exterior component of the architecture of a building, which has a structural, 60 functional or decorative purpose. This term shall apply to elements such as windows, doors, entry porticos, 61 porte-cocheres, colonnades, cornices, porch columns, railings and balusters, band courses, quoins, water 62 tables, exterior vents and louvers, moldings and other trim. 63 Awning sign: A wall sign that is a part of a fabric or other non-structural awning. 64 Banner: A light-weight fabric or similar non-rigid material which is mounted to a pole or structure, either 65 enclosed in a frame or mounted to allow movement caused by the atmosphere. 66 Canopy sign: A type of wall sign attached to a permanent, decorative porch or walkway cover, other 67 than an awning, which is attached to a building or supported by columns, extending to the ground. 68 Changeable sign: A sign with the capability of content change by means of manual or remote input, 69 includes the following types: 70 (1) Manually activated: Changeable sign whose messages, copy or content can be changed 71 manually on a display surface. 72 (2) Electrically activated: Changeable sign whose message copy or content can be changed by 73 means of remote electrically energized on-off switching combinations of alphabetic or 74 pictographic components arranged on a display surface. Illumination may be integral to the 75 components, such as characterized by lamps or other light-emitting devices; or it may be from an 76 external light source designed to reflect off the changeable component display. See also 77 "Electronic message center." 78 Clear height: The distance from the ground to the bottom of the sign. The minimum clear height shall 79 be eight feet for pylon sign, projecting sign, and any other sign that may impact pedestrian traffic. 80 Comprehensive signage plan: A plan for all signs associated with a unified campus or complex. 81 Conforming sign: Any sign that conforms to the provisions of this section. 82 Construction sign: A sign which identifies architects, engineers, contractors and other individuals or 83 firms involved with construction on the premises, the name of the building or development, the intended 84 purpose of the building, and/or the expected completion date. 85 Directional sign: A freestanding sign whose primary function is to give aid to motorists or pedestrians 86 in locating buildings or roads. 87 Electronic message center or sign (EMC): An electrically activated changeable sign whose variable 88 message and/or graphic presentation capability can be electronically programmed by computer from a 89 remote location. Also known as an EMC. EMC's typically use light emitting diodes (LEDs) as a lighting 90 source. 91 Exclusion zone: The area adjacent to an existing or proposed freestanding sign within which no other 92 freestanding sign of a similar sign type shall exist or be placed. The exclusion zone shall be measured 93 outward in all directions from the extreme limits of the sign structure a prescribed distance. 94 Flag: A rectangular or pennant shaped piece of fabric or flexible material of distinctive design that is 95 used as a symbol (as of a nation or state), as a signaling device, or as a decoration and is attached to a 96 flag pole.

97 Freestanding sign: A sign that is not attached to a building and is permanently attached to the ground 98 by one or more supports. Freestanding signs include monument, pylon, post and panel, and post signs. 99 Frontage: For the purposes of this section, the term "frontage" refers to a parcel's property line along 100 a right-of-way, be it public or private, excluding alleys and service drives that are abutting residential 101 properties. The parcel must be directly adjacent to the right-of-way for it to be considered to have frontage. 102 Historical or memorial sign: A sign or tablet attached to a building indicating the date of construction 103 and/or the names of the building, the principals involved in its construction, or the history of the building or 104 the site. 105 Illuminance: The amount of light falling upon a real or imaginary surface, commonly called "light level" 106 or "illumination". Measured in foot candles (lumens/square foot) in the English system and lux 107 (lumens/square meter) in the SI (metric) system. 108 Illuminated sign: A sign characterized by the use of artificial light, either projecting through its surface 109 (s) internally or trans-illuminated; or reflecting off its surface(s). 110 Inflatable sign: A sign that is designed to be filled with air to form a three-dimensional shape which is 111 designed to be anchored to the ground. 112 Luminance: The light that is emitted by or reflected from a surface. Measured in units of luminous 113 intensity (candelas) per unit area (square meters in SI measurement units or square feet in English 114 measurements units). Expressed in SI units as cd/m2, and in English units as foot lamberts. Sometimes 115 also expressed as "nits", a colloquial reference to SI Units. Can be measured by means of a luminance 116 meter. 117 Lux: The SI (metric) unit for illuminance. One lux equals 0.093 foot candles. 118 Monument sign: A low freestanding sign that is affixed to a base that is equal to or wider than the sign 119 itself. The height of the sign is to be measured from the finished grade to the top of the sign. (See figure 5- 120 3.) 121 122 Figure 5-3: Monument Sign 123 Nit: A photometric unit of measurement referring to luminance. One nit is equal to one cdm2. 124 Nonconforming sign: Any sign which does not conform to the regulations of this ordinance, including 125 any signs granted by variance where it can be demonstrated that the original hardship on which the variance 126 was based no longer exists. This definition also includes the structure upon which the sign is erected, or 127 the mounting hardware in the case of wall mounted signs. 128 Off-premises sign (billboard, etc.): A permanent or temporary sign erected, maintained, or used in the 129 outdoor environment for the purpose of the display of commercial or noncommercial messages not 130 appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displaced. 131 Also referenced as billboard or commercial outdoor advertising sign.

132 On-premises sign: A sign which advertises or directs attention to a business, commodity, or service 133 conducted, offered, or sold on the premises, or directs attention to the business or activity conducted on 134 the premises. 135 Political sign: A temporary sign intended to advance a political statement, cause, or candidate for 136 office. 137 Portable sign: Any sign not permanently attached to the ground or other permanent structure, including 138 but not limited to signs with attached wheels, A- or T-frame signs, and menu and sandwich board signs. 139 Post sign: A freestanding sign that is attached to the underside of a horizontal plane or arm and is 140 supported by the horizontal plane. (See figure 5-4.) 141 142 Figure 5-4: Post Sign 143 Post and panel sign: A freestanding sign that has a noninternally illuminated panel, not more than six 144 inches in depth that is affixed to two posts and is not more than seven feet in total height. The sign shall 145 not be higher than the supporting posts. (See figure 5-5.) 146 147 Figure 5-5: Post and Panel Sign 148 Projecting sign: A wall sign attached to a building with a bracket or other support projecting at a right 149 angle from the building face. (See figure 5-6.) 150

151 Figure 5-6: Projecting Sign 152 Public sign: A sign erected by or on behalf of a governmental body to post a legal notice, identify public 153 property or public buildings, convey public information, and direct or regulate pedestrian or vehicular traffic. 154 Pylon sign: A tall freestanding sign that is held up by a pole or poles. The supporting structure must 155 be equal to or narrower than the sign itself. (See figure 5-7.) 156 157 Figure 5-7: Pylon Sign 158 Race weekend sign: Any sign erected seven days prior to a sanctioned automobile race for the 159 purpose of advertising products and services to race fans. 160 Real estate sign: A sign advertising the premises for sale, rent or lease. 161 Roof sign: A sign that is attached or painted on the roof, including porch roofs, dormer roofs, overhang 162 roofs, canopy roofs or roofs of another architectural feature. Signs on the lower portion of a mansard or 163 canopy are considered wall signs. 164 SI (International System of Units): The modern metric system of measurement. 165 Shared freestanding sign: A sign structure which is shared among multiple nonresidential properties 166 or business interests for the purpose of displaying the name, logo type or other commercial message of 167 multiple nonresidential occupants of said adjoining properties. 168 Sign: Any device visible from a public place whose essential purpose and design is to convey either 169 commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial 170 symbols or representations. 171 Sign area: The area of the smallest geometric figure, or the sum of the combination of regular 172 geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be 173 the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The 174 area of all other multiple-sided signs shall be computed as 50 percent of the sum of the area of all faces of 175 the sign. 176 Sign face: The surface upon, against or through which the sign copy is displayed or illustrated, not 177 including structural supports, architectural features of a building or sign structure, nonstructural thematic or 178 decorative trim, or any areas that are separated from the background surface upon which the sign copy is 179 displayed by a distinct delineation, such as a reveal or border. 180 Sign height: The height of a sign shall be the vertical distance from normal grade to the highest point 181 of the sign. Any berming, filling or excavating solely for the purpose of locating the sign shall be computed 182 as a part of the sign height. 183 Sign setback: The straight line distance measured in linear feet between the street right-of-way line 184 and the nearest element of a sign.

185 Temporary sign: A sign intended to display either commercial or noncommercial messages of a 186 transitory or temporary nature. Any sign not permanently embedded in the ground, or not permanently 187 affixed to a building or sign structure that is permanently embedded in the ground, is considered a temporary 188 sign. 189 Unified campuses and complexes: The term "unified campuses and complexes" means: 190 (1) Any "shopping center" as the term is defined in the zoning ordinance. 191 (2) Or, any group of three or more principal structures under common management and operation, 192 located on one or more contiguous properties; 193 (3) Or, any single commercial or institutional parcel which has more than 400 linear feet of frontage 194 on a principal arterial roadway which is occupied by a conforming commercial or institutional use. 195 Unified campuses and complexes include, but are not limited to, shopping centers; entertainment, 196 educational, medical, governmental, or religious campuses; office complexes; and industrial 197 parks. 198 Urban collector and local streets: All streets or portion of streets within the corporate limits of the City 199 of Dover which are not specifically classified as urban principal arterials or urban minor arterials under the 200 provisions of this section. 201 Urban minor arterials: Delaware (DE) Route 8 (including all alternative names); McKee Road; 202 Saulsbury Road; College Road; North Street (from Saulsbury Road to the western city limits); Kenton Road 203 (from College Road to DE Route 8); State Street (from Walker Road north to US Route 13 and Wyoming 204 Avenue south to the southern city limits); Loockerman Street; Leipsic Road; Webbs Lane, New Burton 205 Road, Scarborough Road, Walker Road and Governors Avenue (from Division Street to the southern city 206 limits) are considered to be urban minor arterials under the provisions of this section. 207 Urban principal arterial: US Route 13, Bay Road, and Court Street between 13 and Bay Road are 208 considered to be urban principal arterials under the provisions of this ordinance. Delaware State Route 1 is 209 not considered to be a road that will provide frontage for any parcel. 210 Vehicle sign: A sign displaying a name or names, logo types, graphics, commercial messages or any 211 combination thereof, which is attached to, painted on, or otherwise applied to a motor vehicle or utility 212 trailer. 213 Wall area: For purposes of calculating wall area, the calculations shall include the height of the wall 214 from ground level to the roofline (mansard roofs also count as wall area), multiplied by the width of the wall 215 (including all architectural features). 216 Wall sign: Any sign, other than a projecting sign, which is attached to or painted on any wall of any 217 building and projects from the plane of the wall less than 18 inches. A sign attached to the lower slope or 218 face of a mansard roof, canopy, or awning shall be considered a wall sign for purposes of this ordinance. 219 For purposes of this section only, a "wall" shall include any permanent architectural extension of a wall, 220 including parapets, even if such extension projects beyond or above the enclosed portions of the building. 221 Canopy, marquee, and awning signs are all types of wall signs. (See figure 5-8). 222

223 Figure 5-8: Wall Sign 224 Window sign: A sign affixed to the surface of a window with its message intended to be visible to the 225 exterior environment. 226 4.4 Design requirements. 227 A. Freestanding signs. 228 1. Freestanding signs and attendant structures and bases shall be designed as an integral part 229 of the site development and shall be coordinated and compatible with site grading, utility 230 placements, landscaping and architectural elements. 231 2. Freestanding signs and associated landscaping shall be situated and maintained so as not 232 to impair or block visibility of motorists and/or pedestrians traveling within the public street 233 right-of-way or entering, exiting or crossing vehicular site entrances. No sign or landscaping 234 in excess of three feet in height above the adjacent street grade, shall be erected, placed or 235 maintained on any corner within the triangular area formed by intersecting right-of-way lines. 236 Two sides of the triangular area shall be 20 feet in length and measured from the point of 237 intersection of the right-of-way lines. 238 3. Freestanding signs shall be situated on the site and dimensioned so as not to substantially 239 impair or block the visibility of adjacent buildings and/or existing signs. 240 4. All freestanding signs shall respect the exclusion zone. When a sign is not permitted within 241 the exclusion zone, one additional wall sign may be permitted in accordance with the wall 242 sign regulations. 243 5. When the presence of an existing freestanding sign on an adjoining property precludes a 244 property from placing a freestanding sign due to exclusion zone provisions, the adjoining 245 property owners and/or business interests may share a single freestanding sign structure in 246 accordance with the provisions of subsection 4.9—Supplementary sign provisions, F— 247 Shared freestanding signs, of this section. 248 6. Location of monument signs and post and panel signs may be approved by the Planning 249 Commission as part of a Site Development Plan Approval process. 250 B. Materials and craftsmanship of signs. Signs shall be carefully crafted, durable, and consistent 251 with the quality and permanence of the buildings and sites that they identify. Lettering shall be of 252 a professional quality. 253 C. Wall sign placement. 254 1. When wall signs are planned, such signs shall be designed as an integral component of the 255 building facade architectural composition. 256 2. Wall signs shall be limited in area and number in accordance with the provisions of 257 subsection 4.7—Permitted signs, of this section. 258 3. Wall signs shall be situated so as not to cover or overlap decorative architectural elements 259 such as cornices, belt courses, and window and doorframe moldings. 260 4. In cases where only one wall sign is permitted because the lot has one frontage, the business 261 may choose to locate the sign on any exterior wall of the building to afford the best possible 262 visibility for the traveling public. 263 5. In cases where more than one wall sign is permitted, the city planner or their authorized 264 designee may allow the business to locate the additional wall sign on a different exterior wall 265 of the building to afford the best possible visibility for the traveling public. 266 D. Sign illumination standards. 267 1. A sign may be illuminated at night. Signs that are illuminated at night may not exceed a 268 maximum luminance level of 750 cd/m2 or Nits, regardless of the method of illumination.

269 2. Signs that have external illumination, whether the lighting is mounted above or below the 270 sign face or panel, shall have lighting fixtures or luminaries that are fully shielded. 271 3. All illuminated signs must comply with the maximum luminance level of 750 cd/m2 or Nits at 272 least one-half hour before Apparent Sunset. All illuminated signs must comply with this 273 maximum luminance level throughout the night, if the sign is energized, until Apparent 274 Sunrise. 275 E. Changeable signs. 276 1. Changeable signs may be incorporated into a sign face when the changeable component of 277 the sign face occupies less than 70 percent of the total area of that sign face. 278 2. Changeable sign area shall be integrated into the sign face and shall be enclosed by a border 279 or similar enclosure so as to form one sign panel. 280 3. Electronic message centers (EMC): 281 (a) The following EMC display features and functions are permitted: scrolling, fading and 282 dissolving while transitioning between messages. 283 (b) EMC's shall have a minimum display time of eight seconds. The transition time 284 between message and/or message frames is limited to one second. 285 (c) The following EMC display features and functions are prohibited: traveling, flashing, 286 spinning, rotating, any other moving effects, and all dynamic frame effects or patterns 287 of illusionary movement or simulated movement. 288 4.5 Signs permitted in all districts and not requiring permits. 289 A. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, which 290 sign shall not exceed six and one-fourth square feet in residential districts and 32 square feet in 291 all other districts, and shall comply with setback regulations. One such sign shall be permitted for 292 each 200 linear feet of street frontage for the parcel. 293 B. Signs designating the name and address of the occupants, hours of operation, security notices, 294 and business policy statements, and may not exceed four square feet. 295 C. Signs denoting the architect, engineer, developer, or contractor placed on premises where 296 construction, repair, or renovation is in progress, which signs shall not exceed 32 square feet in 297 area. No more than two signs of any type are permitted for any one property or building project. 298 Signs shall be 50 feet from other signs on the site, except where it is not physically possible, then 299 the signs shall be as far away from the other sign as much as possible. 300 D. Directional signs limited in area to no more than five square feet per sign, plus one square foot 301 for each additional tenant. A permit is required for directional signs identifying the entrance or exit 302 of a site if over five square feet in sign area. The sign area for these larger directional signs shall 303 not exceed eight square feet and shall not be over four feet in height. 304 E. Public signs. 305 F. Historical and memorial signs. 306 G. Any sign located in an internal location on a site, campus, or complex and that cannot be seen 307 from any public right-of-way or adjacent property. 308 H. People wearing costumes of the logo or character associated with the company as long as they 309 are located on the business location. 310 I. Political signs shall not be over six square feet in sign area in all Residential Zones and Districts 311 and all other zoning districts shall comply with the size regulations in subsection 4.7 Permitted 312 Signs, of this section. All election signs shall be removed no later than seven days after the 313 election.

314 J. Signs noting a tenant, store, building, etc. is "coming soon", which sign shall not exceed 32 square 315 feet and only one sign is permitted on the site. The sign shall be 50 feet from other signs. The 316 sign shall not be placed on the site for more than six months. After six months the sign shall be 317 removed even if the tenant, store, building, etc. has not opened or been constructed. 318 K. Portable signs designed to be transported, including, but not limited to, A-frames, sandwich 319 boards, and umbrellas. These types of signs shall not obstruct pedestrian or vehicular access. 320 No more than one sign is permitted per business, and shall not exceed four feet in height.] 321 L. Signs required by federal or state law or by a municipal authority. 322 M. Signs carved into a building or raised in integral relief on a building. 323 N. Flags on flag poles. 324 O. Public art. 325 P. "Open" signs for business not to exceed two per business. 326 Q. Vehicle signs subject to the provisions of subsection 4.9-supplementary sign 327 regulations, H., of this section. 328 4.6 Sign prohibited in all districts. 329 A. Signs which emit audible sound, vapor, smoke, odor, particles or gaseous matter. 330 B. Any sign which competes for attention with, or may be mistaken for, traffic signals. Also, any sign 331 that is determined by the city planner to constitute a traffic hazard by reason of size, location, 332 content, color, or type of illumination. 333 C. Off-premises signs of any type (billboards, temporary signs, directional signs for developments, 334 etc.), except for shared freestanding signs as provided in subsection 4.4—Design requirements, 335 A.5., and subsection 4.9—Supplementary sign provisions, F., of this section. 336 D. Inflatable signs, except as specifically permitted in subsection 4.9—Supplementary sign 337 provisions, D.3., of this section. 338 E. Vehicle signs, including changeable signs, attached to or painted on vehicles for the sole 339 purpose of being used as signage; or attached to or painted on inoperable vehicles. 340 F. Signs painted on or attached to trees, fence posts, natural features, or telephone or utility poles. 341 G. Signs that are flashing, rotating, or that give the appearance of movement, or are illuminated by 342 flashing or intermittent lights, or lights of changing degrees or intensity, except as permitted under 343 subsection 4.4—Design requirements, of this section. 344 H. Temporary signs made of cardboard, paper, canvas or similar impermanent material, except 345 those permitted in subsection 4.9—Supplementary sign provisions, of this section. 346 I. Window signs covering more than 50 percent of a window or a door, or mounted above the first 347 floor, except those permitted in subsection 4.9—Supplementary sign regulations, A.5., of this 348 section. 349 J. Pennants, balloons, streamers, flags, etc. except when permitted in subsection 4.5—Signs 350 permitted in all districts and not requiring permits and in subsection 4.9—Supplementary sign 351 regulations, D.1., of this section. 352 4.7 Permitted signs. Signs are permitted in all zones in accordance with the following table, which is a 353 list of permitted sign types by use, proximity to residential uses and road classification. SIGN TABLE Use Permitted Signs

Setbac Number Max Max. Percentag Road k Exclusio Specific Sign Type Permitte . Heigh e of Total Type (R.O.W n Zone d Size t Wall Area .) Single-Family All Detached/ Signs permitted in § 4.5 only Streets Semi-Detached Post or 1/entranc 12 Residential Monume 7 feet N/A 5 feet 20 feet All e S.F. Uses and Professional Office nt Nonresidenti Streets 1/frontag 16 al Uses in Wall N/A ≤ 15% N/A N/A e S.F. Residential Districts Subdivisions 1/frontag 32 Wall N/A ≤ 15% N/A N/A Multi-Family e S.F. All Residential Uses Streets Monume 2/entranc 32 Manufactured nt or Post 7 feet N/A 5 feet 20 feet Housing Communities e S.F. and Panel 2/frontag 32 Wall N/A ≤ 15% N/A N/A e S.F. Monume Urban nt or Post 1/entranc 32 7 feet N/A 10 feet 20 feet Principa and Panel e S.F. l OR Arterial 1/frontag 16 Post** 7 feet N/A 5 feet 5 feet e S.F. 1/frontag 32 30 Pylon* N/A 30 feet 50 feet e S.F. feet Places of Worship Nonresidenti Daycare Centers 2/frontag 32 Wall N/A ≤ 15% N/A N/A al Uses Approved Conditional e S.F. Adjacent to Uses Monume Residential Educational/Institutio Urban nt or Post 1/entranc 32 Districts or nal Minor 7 feet N/A 5 feet 20 feet and Panel e S.F. Uses All Other Approved Arterial OR Nonresidential Uses 1/frontag 16 Post** 7 feet N/A 5 feet 10 feet e S.F. 2/frontag 32 Wall N/A ≤ 15% N/A N/A e S.F. Urban Monume Local/ nt or Post 1/entranc 32 7 feet N/A 5 feet 20 feet Collect and Panel e S.F. or OR 1/frontag 16 Post** 7 feet N/A 5 feet 10 feet e S.F.

2/frontag No Wall N/A ≤ 15% N/A N/A e max Monume Urban nt or Post 1/entranc 100 10 N/A 10 feet 20 feet Principa and Panel e S.F. feet l Arterial Pylon OR 1/frontag 100 30 N/A 15 feet 50 feet * e S.F. feet 1/frontag 150 30 Pylon* N/A 31 feet 50 feet e S.F. feet 2/frontag 64 Wall N/A ≤15% NA N/A e S.F. Nonresidenti al Uses in Monume Nonresidential Uses Urban Nonresidenti nt or Post 1/entranc 64 Minor 7 feet N/A 5 feet 20 feet al Districts and Panel e S.F. Arterial OR 1/frontag 16 Post** 7 feet N/A 5 feet 10 feet e S.F. 2/frontag 32 Wall N/A ≤ 15% N/A N/A e S.F. Urban Monume Local/ nt or Post 1/entranc 32 7 feet N/A 5 feet 20 feet Collect and Panel e S.F. or OR 1/frontag 16 Post** 7 feet N/A 5 feet 10 feet e S.F. 354 355 * Denotes that an additional wall sign may be permitted/added in lieu of a freestanding pylon sign. 356 ** Post sign would be in lieu of a monument sign or post and panel sign. 357 (Ord. of 2-12-2001; Ord. No. 2009-09, 6-22-2009; Ord. No. 2009-19, 10-12-2009; Ord. No. 358 2012-13, 8-13-2012; Ord. No. 2016-16 , 8-8-2016) 359 4.8 Unified Comprehensive Signage Plan. 360 A. Purpose statement. Recognizing that large campuses and complexes have signage needs that 361 may not be adequately addressed by traditional sign regulations, this subsection of the ordinance 362 is intended to allow a procedure for approval of a unified comprehensive signage plan for these 363 Unified Campuses and Complexes. 364 1. Campuses and complexes are required to follow all standard signage requirements, as 365 embodied elsewhere in this section, unless they choose to apply to the planning commission 366 for comprehensive signage plan approval. All such plans must embody a thorough review of 367 all existing signs.

368 2. Any proposed shopping center or group of three or more principal structures under common 369 management and operation located on one or more contiguous properties is required to 370 submit an application for comprehensive signage plan approval to the planning commission. 371 3. Any business or institution which has more than 400 linear feet of frontage on a principal 372 arterial may submit an application for comprehensive signage plan approval. 373 B. Design guidelines for unified comprehensive signage plans. 374 1. Unified campuses and complexes applying for a unified comprehensive signage plan may 375 not be held to the height, size, number and area regulations for signs found in other 376 subsections of this section. However, the number, type and size of signs proposed may not 377 be excessive, and must be in proportion to the scale of the buildings and the uses on the 378 site. 379 2. All unified comprehensive signage plans must comply with all design guidelines found in 380 subsection 4.4—Design requirements of this section, as well as all specific design guidelines 381 found in this section. 382 3. Building signs shall be in harmony with the overall architectural concept for the site, and be 383 compatible with each other and the building facades. 384 4. The freestanding signs identifying shopping centers and other unified campuses and 385 complexes shall identify the name of the campus or complex and no more than three 386 separate tenants within the campus or complex unless otherwise approved by the planning 387 commission. 388 5. There shall be architectural harmony and unity of signs within a unified campus or complex. 389 Sign type, color scheme, size, and illumination within the site shall be coordinated and shall 390 be compatible with the architecture of the center and the surrounding area. 391 C. Planning commission duties. In reviewing and approving comprehensive signage plans, the 392 planning commission shall take into consideration the public health, safety and welfare, the 393 comfort and convenience of the public in general and of the residents, businesses, and property 394 owners of the immediate neighborhood in particular, and shall ensure that unified campuses and 395 complexes have adequate, but not excessive, signage. Specifically, the following objectives shall 396 guide the commission when reviewing such plans: 397 1. That the size and complexity of the campus or complex warrants the need for extra signage 398 under the provisions of this section; 399 2. That, in respect to the number and type of entrances, the placement of signage at or near 400 those entrances provides superior visibility in order to ensure the safety of the driving public; 401 3. That the proposed signs are adequate in number to safely direct the public to the use or uses 402 on the site; 403 4. The proposed signs must not have an adverse impact on the visibility of adjacent signs, and 404 shall be consistent with, or an improvement over, the prevailing type and style of signage in 405 the general area; 406 5. That the proposed signs will be of a style and color which will complement the architecture 407 of the site, and the area in general. 408 D. Submission requirements. 409 1. A pre-application meeting is required. No application will be accepted without a pre- 410 application meeting. 411 2. Copies of a sign plan, which details the signage proposal, including relevant application 412 forms, will be due on the regularly scheduled submission deadline for planning commission 413 review. The sign plan shall illustrate the physical location of all existing and proposed signs 414 on the subject property and their relationship to existing and/or proposed buildings on the 415 site. The submission plan shall include color renderings of each proposed sign (drawn to

416 scale), along with architectural elevation drawings of the building depicting the placement of 417 all wall mounted signs existing and proposed. 418 3. Public notice is required, following the procedures set forth in article 10, section 2.43(C). 419 4. The application fee as provided for in Appendix F—Fees and Fines, is due at time of 420 application. 421 E. Amendments to approved comprehensive signage plans. Any new or revised signs to be placed 422 on a property with an approved comprehensive signage plan need not go back to the planning 423 commission for re-approval if the sign area is not increased more than 15 percent, and the 424 proposed signs conform to the overall design concept and colors as approved. The 15 percent 425 increase shall be calculated cumulatively over the life of the project, based upon the originally 426 approved sign area. 427 4.9 Supplementary sign provisions. 428 A. Window signs. 429 1. Three window signs shall be permitted as additional signage on walls fronting on the public 430 right-of-way. 431 2. Window signs shall not cover more than 50 percent of any window exclusive of window 432 and/or door frame. 433 3. Windows principally viewed from drive aisles and parking lots and not prominently visible 434 from the public right-of-way shall be exempt from restrictions on the number of signs, and 435 may be approved by the city planner for a window coverage area greater than 50 percent 436 when the business elects to have less window signage than permitted on the windows 437 fronting on, or prominently visible from, the public right-of-way. 438 4. Window signs shall be permitted on windows on the first floor of a building only. 439 5. The city planner may waive the provisions of this subsection when it has been demonstrated 440 that the proposed window signs are of a unique or superior quality and style, and are 441 intended to compliment the architectural design of the building, or when the business elects 442 to use less wall signs than permitted for the purpose of complimenting the architectural 443 design of the building. Signs granted this waiver are not exempt from the requirement to 444 obtain a sign permit. 445 B. Historic district signs. 446 1. All signs in the historic district must meet the standards laid out in the Design Standards and 447 Guidelines for the City of Dover Historic District Zone. Any and all standards found elsewhere 448 in this section may be waived as part of the architectural review approval when proposed 449 signs are determined to contribute to or improve the historic context of the building. 450 C. Gas station signage. 451 1. Canopy signs. 452 (a) Canopy sign height shall not exceed 30 feet. 453 (b) Canopy sign copy shall be directed toward a public street. 454 (c) Canopy sign area shall be limited to no greater than 20 percent of the area of the 455 canopy face to which the sign is applied. 456 2. Exempt signs. 457 (a) State or federal required price per gallon signage shall not count towards overall sign 458 area for the site, unless they exceed 32 square feet in size. 459 (b) Price per gallon signs not exceeding two square feet, located on the pump itself. 460 D. Temporary signs.

461 1. Temporary signs. Temporary signs for special events including inflatable signs with a surface 462 area of less than 100 square feet and not more than 25 feet tall, may be erected on the 463 premises of any establishment conducting a special event, provided that such signs do not 464 exceed a total of two signs with a total of 100 square feet in sign area.. Temporary signage 465 shall be displayed no longer than 90 days per calendar year. For grand openings, the 466 maximum number, sign type, and allowable area may be waived by the city planner. Permits 467 for such signs are required and shall be accompanied by a fee as provided for in Appendix 468 F—Fees and Fines. The city planner may waive the time period, not to exceed an additional 469 30 days, if they determine that there are extenuating circumstances requiring further time for 470 a temporary sign. 471 2. Race weekend signs. During any seven-day period prior to the Saturday or Sunday that auto 472 racing is occurring, temporary signs may be erected without a permit and with no restrictions 473 on the number or size of the signs. 474 3. Inflatable signs. Permits for such signs are required and shall be accompanied by a fee as 475 provided for in Appendix F—Fees and Fines. 476 (a) Inflatable signs with a surface area equal to or less than 100 square feet and not more 477 than 25 feet tall are permitted in subsection 4.9—Supplementary Sign provisions, D.1., 478 of this section and shall meet the following requirements: 479 i. The inflatable sign shall be setback from the edge of the right-of-way a minimum of 480 25 feet. 481 ii. The inflatable sign shall be securely anchored to the building or ground. 482 (b) Inflatable signs with a surface area over 100 square feet and not more than 25 feet tall 483 are permitted only during grand opening events, community festivals, and during race 484 weekends in accordance with subsection 4.9 Supplementary Sign provisions, D.1. and 485 D.2., of this section and shall meet the following requirements: 486 i. The inflatable sign shall be setback from the edge of the right-of-way a minimum of 487 25 feet. 488 ii. A plot plan/survey is required showing the placement of the inflatable sign in 489 respect to utility lines and traffic. 490 iii. The inflatable sign shall be securely anchored to the building or ground. 491 E. Motor vehicle sales lots. This subsection allows motor vehicle sales lots to compensate for their 492 likelihood to be mistaken for ordinary parking lots unless additional signs or other attention getting 493 devices are placed in the sales area. It has also been demonstrated that these businesses tend 494 to have smaller buildings relative to their land area diminishing their ability to effectively use wall 495 signs. 496 1. Banners are permitted on motor vehicle sales lots with a permit. Such banners may be 497 permitted at a rate not to exceed one banner for each ten motor vehicle parking/storage 498 spaces on the premises, and any such banner shall not be situated closer than 50 feet of 499 any other banner on the premises. Parking spaces required for employees, customers, and 500 service department uses shall not be counted to calculate the number of banners. The term 501 "banner" does not include pennants, streamers, balloons, or other temporary or permanent 502 signs. 503 2. Banners shall not exceed a width of three feet. 504 3. All banners must be securely attached to light standards, poles, or other substantial mounting 505 hardware. Except for temporary signs permitted under the provisions of subsection 4.9— 506 Supplementary sign provisions, D., of this section, all banners must be constructed of a 507 permanent, weather resistant material. 508 F. Shared freestanding signs.

509 1. For adjoining nonresidential properties, a freestanding sign structure may be shared among 510 adjoining property owners or businesses solely for the purpose of identification of the 511 adjoining premises or businesses. 512 2. Where multiple property owners have agreed to share a freestanding sign as referenced in 513 subsection 4.4—Design requirements, of this section, the shared freestanding sign shall be 514 entitled to a combined sign area bonus of not more than 50 percent over the freestanding 515 sign area otherwise permitted for the property on which the shared freestanding sign would 516 be placed. 517 3. The permit application for a shared freestanding sign shall be accompanied by a binding 518 legal agreement between the multiple adjoining property owners and/or businesses which 519 describes the ownership and maintenance obligations for such shared sign. 520 G. Single buildings with multiple commercial tenant spaces or facades. 521 1. Structures, such as shopping centers, which contain multiple commercial tenant spaces, are 522 permitted to have at least one wall sign on each unit. This provision shall only apply to units 523 on the first floor of the structure. 524 2. When a structure is designed so that there are distinctly different facades or sections of the 525 building along a single frontage, at least one wall sign is permitted on each facade or section 526 of the building. 527 3. Multi story office buildings with multiple tenants are permitted one wall sign per tenant. Signs 528 shall not be located above the second story. 529 H. Vehicle and utility trailer signs. Vehicles or utility trailers driving in the public right-of-way, 530 or temporarily parked in an approved parking area, shall be permitted to have vehicle 531 signs attached to or painted on them, with no sign permit required. However, the city 532 planner may require any vehicle or utility trailer with a vehicle sign to be moved if he/she 533 determines that the vehicle is inoperable or being used for the sole purpose of displaying 534 signage. Vehicles shall be moved to a location not visible from the public right-of-way, or, 535 if no such location is available, as far away from the public right-of-way as possible. In 536 making the determination, the city planner may use the following criteria; it is not 537 necessary that any one of or all the listed criteria be present to determine that the vehicle 538 is inoperable or being used for the sole purpose of displaying signage. 539 1. Whether the sign is painted upon or applied in a permanent manner directly to an 540 integral part of the vehicle or utility trailer or merely temporarily attached to the 541 vehicle or utility trailer. 542 2. Whether, during the normal business hours of operation of the business, the vehicle 543 or utility trailer is moved or remains in a stationary location. 544 3. Whether the vehicle or utility trailer is regularly parked in a location or manner to be 545 prominently displayed to the public. 546 4. Whether other nearby signage for the business is provided by a free-standing sign 547 or wall sign. 548 5. Whether the vehicle or utility trailer is suitable for and actively used in the daily 549 function of the business to which such signs relate. 550 6. Whether the sign includes directional copy or symbols that would only be applicable 551 if parked near the use. 552 7. Whether there is available parking in another location on the site. 553 8. Whether the vehicle sign is being used to advertise the sale of the vehicle or utility 554 trailer, or other nearby vehicles or utility trailers. 555 9. Vehicles and utility trailers shall be deemed inoperable if they are not properly and 556 currently registered and tagged; if they are damaged or disabled as to not

557 immediately be movable; if they are raised off the ground in any way; if they 558 cannot be started and moved off their location; or if they are missing required 559 equipment enabling them to travel on a public roadway. 560 561 4.10 Nonconforming signs. 562 A. Exclusions. Nonconforming signs which are within ten percent of compliance of any height, area 563 or location requirement and which conform to all other provisions of this ordinance [section] shall 564 be considered legal signs for the purposes of these regulations, except as provided in subsection 565 4.10—Nonconforming signs, B.4, below. 566 B. Removal or compliance required. Nonconforming signs shall be removed from the premises or 567 otherwise made to comply with these regulations in the following instances: 568 1. When there is renovation to more than 75 percent of the exterior of the principal building 569 measured in square feet of exterior wall surface area, or expansion of more than 20 percent 570 of the floor area of the principal building measured in square feet of floor area on the 571 premises on which such nonconforming signs are present, except that freestanding signs 572 that are nonconforming as specified shall not be required to conform; however, the degree 573 of non-conformity shall not increase. When, within any given two-year period, individual 574 renovation projects involving less than 75 percent of the building exterior and/or individual 575 building additions involving less than 20 percent of the floor area of the principal building on 576 the premises would in aggregate exceed the 75 percent renovation and/or 20 percent 577 expansion thresholds set forth herein, all such nonconforming signs shall be brought into 578 conformity with these regulations or shall be removed from the premises. 579 2. Prior to the issuance of any permit for the placement of any additional signage on the 580 property. No new signs of any type shall be added to the property until the nonconforming 581 sign is removed. 582 3. Nonconforming signs (including all supporting structures and mounting hardware) which 583 have been abandoned shall be removed from the premises or otherwise made to conform 584 within one year from the date of abandonment. Refacing the sign in accordance with other 585 requirements of this section does not absolve an owner from complying with this subsection. 586 In certain instances where it is evident that the reoccupation or reuse of a premises which 587 contains an abandoned nonconforming sign is imminent, the city planner may grant an 588 extension of time within which to reestablish the use of such nonconforming sign. 589 4. Any nonconforming sign which has been removed from the premises shall be considered 590 discarded, and replacement shall constitute a new sign, and require new permits. 591 C. Notification and responsibility. It shall be the responsibility of the owner of record of such property 592 to cause the removal of such nonconforming signs in accordance with these provisions. When 593 any of the above-listed conditions exist, the city planner is authorized to issue written notice to 594 the owner of record of such property, stating that such signs shall be removed within two calendar 595 weeks of the date of receipt of the written notice. In cases where signs are determined to be 596 unsafe or present a hazard, the city planner may order their removal in a shorter period of time. 597 Failure to comply with these regulations, after due notice, shall be deemed a violation of this 598 ordinance [section] and is punishable in accordance with the provisions of article 8, section 4 of 599 this ordinance [section]. In addition, in the event that compliance is not achieved within the stated 600 period, the city planner may remove or cause to be removed from the premises any such signs 601 in violation of this section. All expenses incidental to such removal shall be charged to the owner 602 of record of such property and shall constitute a lien upon such property. 603 4.11 Abandoned and damaged signs. 604 A. Abandoned. All signs that conform to the current regulations which are deemed abandoned shall 605 either be refaced with a blank or blacked out face or removed totally (including the supporting 606 structure and/or mounting hardware) within 90 days of abandonment. Covering sign copy with

607 tarps, paper, tape, cardboard or other nonpermanent materials is not an acceptable method of 608 refacing. 609 B. Removal. Any conforming sign, which has been removed from the premises, shall be considered 610 discarded, and replacement shall constitute a new sign, and require new permits. 611 C. Repair. All signs that are damaged (no longer working, cracked, missing pieces, etc.) shall be 612 repaired within 30 days. A permit is not required as long as the sign will look exactly the same as 613 it did before the sign was damaged. If there are any changes (color, script, etc.) to the sign a new 614 permit will be required. 615 4.12 Historic or significant signs. 616 A. Preservation of historic or significant signs. Signs that are at least 50 years old and considered 617 historic or to have cultural/aesthetic significance shall be protected and preserved. If these signs 618 are legally nonconforming they shall maintain their nonconforming status indefinitely. The 619 determination of the historic or cultural/aesthetic significance of the sign shall be determined by 620 the historic district commission. 621 1. The owner of the premises on which these signs reside shall maintain the signs to ensure 622 they work and are in good condition. 623 (Ord. of 2-12-2001; Ord. No. 2009-09, 6-22-2009; Ord. No. 2009-19, 10-12-2009; Ord. No. 624 2012-13, 8-13-2012)

City of Dover, Delaware 2019 Comprehensive Plan Project Update June 2018 Overview The current Comprehensive Plan for the City of Dover is the 2008 Comprehensive Plan (as amended) as adopted February 9, 2009 and certified. Delaware Code, Titles 22 and 29 prescribe the requirements for comprehensive plans including the requirement for an update every ten years. Comprehensive plan means a document in text and maps, containing at a minimum, a municipal development strategy setting forth the jurisdiction’s position on population and housing growth within the jurisdiction, expansion of its boundaries, development of adjacent areas, redevelopment potential, community character, and the general uses of land within the community, and critical community development and infrastructure issues. – 22 Del. Code §702(b) For communities with a population over 2,000 persons, there are additional elements to be included in the plan. See attached “State of Delaware Comprehensive Plan Checklist.” The development of the 2019 Comprehensive Plan is a major goal of the Planning Office (Department of Planning & Inspection) for 2018-2019. This project is being completed in-house by City Staff. The approach to this project begins with the premise that the 2008 Comprehensive Plan was a very good plan that was implemented over the years and that its policies and recommendation are still relevant. Efforts with the new plan for 2019 will report on the status of the 2008 plan; add components of the studies from the intervening years; assess any significant data, demographic and economic changes; identify accomplishments; and reflect on any impending factors. Project Schedule The Comprehensive Plan is due on or before February 9, 2019. If the planning process is behind schedule, an extension may be requested of the Cabinet Committee on State Planning Issues by letter due by December 12, 2018. In order to achieve Certification, the Comprehensive Plan must complete the PLUS Review process and be adopted by the Planning Commission and City Council. The project schedule consists of five basic phases: Information Gathering, Plan & Map Development, Consideration of Plan Recommendations, Formal Review & Adoption Process, and Plan Implementation. 2019 Comprehensive Plan: Project Update June 2018 Page 1|3

The Project Team consists of Planning Staff who began meeting in February to initiate work on the project. The project is in the Information Gathering Phase. See the following table summarizing the Project Phases and Activities. The approximate timeframe is also given. • Data Gathering • Analysis of 2008 Plan • Pre-Update Review at PLUS February – Information • Meetings with Agencies, Stakeholders, September 2018 etc. Gathering • Engagement Events • Chapter Writing • Review & Preparation of Map set July – September Plan & Map • Development of Goals, 2018 Recommendations, & Actions Development • Engagement Events • General Endorsement of DRAFT Plan by Consideration of Plan September 2018 Planning Commission and City Council Recommendations • PLUS Review/ PLUS Letter • Plan Revisions • Planning Commission Hearing & Action October 2018 – Formal Review & • City Council Hearing & Action February 2019 Adoption Process • Plan Certification • Final Publication February 2019 and • Implementation Work on Action Items Plan Implementation ongoing Tasks to Date As part of the Information Gathering Phase, the following tasks are noted: • Biweekly and weekly meetings of the Project Team: Assignment of key topic area chapters for research 2019 Comprehensive Plan: Project Update June 2018 Page 2|3

• Created package of 2008 Comprehensive Plan including all text and maps as amended between 2009-2017. • Submitted the 2008 Comprehensive Plan (as amended) document for Pre-Update Review by PLUS. • Participated in PLUS Meeting of March 28, 2018 and received PLUS Review comment letter dated April 20, 2018. • Outreach to Department of Public Works and Electric Department on project for data/info gathering. • Meeting with DelDOT Regional Systems Planning Office Staff on March 19, 2018 • Presentation on the Plan4Health: Guidance for Incorporating Health into the City OF Dover’s Comprehensive Plan to the Planning Commission on April 2018. • Submission of Certified Local Government grant application on May 11, 2018 to State Historic Preservation Office for FFY2018 grant to focus on the development of “Update of Historic Preservation Chapter for Dover’s 2019 Comprehensive Plan.” Awaiting status of grant application. • Discussion of Questionnaire survey questions on the topic of Housing with the Housing Working Group of the Restoring Central Dover Plan at their meeting of May 16, 2018. Engagement Activities Events & Activities: • Evaluation of Goals & Recommendations from 2008 Plan: Evaluation task assignment to members of Planning Commission, Historic District Commission, and City Council. (City Council will be receiving information on their participation in this task; see attached.) • Evaluation of Status of 2008 Action Items and Plan Implementation • Survey Questionnaire: A Questionnaire on various topic areas being developed; it will be available on-line and paper copy formats. • Event: “Dover Economic Development Forum: An Economist Vision of Dover” on June 13, 2018, 10:00am-1:00pm at Wilmington University. A panel presentation and discussion on the future of Dover’s economy. Information Sources: • Ensure City’s website includes the 2008 Comprehensive Plan document (plan text and map series) • Create page on City’s website for the 2019 Comprehensive Plan Project • Activate email for comments on Comprehensive Plan • Guidance and assistance from the Office of State Planning Coordination To Be Scheduled: • Other outreach opportunities to public and stakeholders • Meetings with City Departments focusing on specific topics of expertise • Meetings with relevant State agencies as needed • Meetings with adjacent jurisdictions to discuss Plan: Kent County, Camden, and Wyoming 2019 Comprehensive Plan: Project Update June 2018 Page 3|3

State of Delaware Comprehensive Plan Checklist Municipality: Municipal Code Requirements Adapted from 22 Del. C. § 702 (b), except where otherwise noted Population (2010 Census): 22 Del. C. § 702 (b) Comprehensive plan means a document in text and maps, containing at a minimum, a municipal development strategy setting forth the jurisdiction's position on population and housing growth within the jurisdiction, expansion of its boundaries, development of adjacent areas, redevelopment potential, community character, and the general uses of land within the community, and critical community development and infrastructure issues. The comprehensive planning process shall demonstrate coordination with other municipalities, the county and the State during plan preparation. The comprehensive plan for municipalities of greater than 2,000 population shall also contain, as appropriate to the size and character of the jurisdiction, a description of the physical, demographic and economic conditions of the jurisdiction; as well as policies, statements, goals and planning components for public and private uses of land, transportation, economic development, affordable housing, community facilities, open spaces and recreation, protection of sensitive areas, community design, adequate water and wastewater systems, protection of historic and cultural resources, annexation and such other elements which in accordance with present and future needs, in the judgment of the municipality, best promotes the health, safety, prosperity and general public welfare of the jurisdiction's residents. Comprehensive Plan Requirements for ALL Communities Elements of Delaware Code Page #s / Section Position on Population Growth Position on Housing Growth Position on Expansion of Boundaries Position on Development of Adjacent Areas Position on Redevelopment Potential Position on Community Character Position on the General Use of Land Position on Critical Community Development Issues Position on Key Infrastructure Issues Demonstrate coordination with State, County and other Municipalities Additional Elements of the Comprehensive Plan Required for Communities with more than 2000 persons Elements of Delaware Code Page #s / Section Description of Physical, Demographic and Economic Conditions Policies, Statements, Goals and Planning Components for Public and Private Uses of Land Policies, Statements, Goals and Planning Components for Transportation Policies, Statements, Goals and Planning Components for Economic Development Policies, Statements, Goals and Planning Components for Affordable Housing Policies, Statements, Goals and Planning Components for Community Facilities Policies, Statements, Goals and Planning Components for Open Space and Recreation Policies, Statements, Goals and Planning Components for Protection of Sensitive Areas Policies, Statements, Goals and Planning Components for Community Design Policies, Statements, Goals and Planning Components for Adequate Water and Waste Water Systems Policies, Statements, Goals and Planning Components for Protection of Historical and Cultural Resources Policies, Statements, Goals and Planning Components for Annexation Policies, Statements, Goals and Planning Components for other Elements which in the opinion of the community best promotes health, safety prosperity and general public welfare. Other Code Requirements Linked to the Comprehensive Plan Elements of Delaware Code Page #s / Section Sourcewater Protection (7 Del. C. § 6083), required for population of 2,000 or more Municipal Boundaries accurately depicted on maps, and recorded in county if applicable (City / Town Charters). Required for all municipalities. Delaware Office of State Planning Coordination Last Revised May 26, 2015

Project for Dover’s 2019 Comprehensive Plan Evaluation of 2008 Goals and Recommendations As part of the preparation of the City of Dover’s 2019 Comprehensive Plan, the Planning Office is looking to evaluate the implementation of the 2008 Comprehensive Plan. Please complete the following task. Using the attached Charts entitled “Evaluation of 2008 Goals and Recommendations,” please evaluate each goal and provide any comments regarding each goal. The second Chart focuses on the recommendations; please evaluate recommendation and provide any comments regarding each recommendation. These Plan Goals and Recommendations are found in Table 1-1 and in Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended. Use the following scale of 1 to 5 in evaluating the importance of each goal and for each recommendation. 1 = Less Important 2 = Somewhat Important 3 = Important 4 = More Important 5 = Very Important

Evaluation of 2008 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Evaluation of Chapter Goals Goal Statement Importance Comments Rate 1-5 Natural Goal 1: Protect the Natural Protect the natural environment through Resources and Environment the conservation of significant ecological systems that naturally work to enhance Environmental the quality of life for residents. Protection Goal 2: Improve Watershed Quality Continue the City’s partnership with DNREC, Silver Lake Commission, and other environmental groups to improve the water quality in Silver Lake and the St. Jones River watershed and Little Creek Watershed. Goal 3: Encourage Green Begin the process of creating both Code Development and Sustainable amendments and/or policy amendments and revisions which encourage Energy Practices environmentally sensitive development and allow for emerging “green” trends to flourish in the City. Historic Goal 1: Preserve and Protect Preserve and provide better protection Preservation Historic Resources for historic resources including individual properties and historic districts in order to maintain community character and the plan for integration of these places into everyday use. Goal 2: Provide and Promote Provide and promote incentives for Incentives for Preservation public and private preservation activities and the protection of residential and non- Activities residential historic properties including incentives to encourage continual use, on- going maintenance of such properties, and appropriate in-fill project design. Goal 3: Increase Public Increase and promote dissemination of Information on Historic Resources information on preservation activities, the value and significance of historic resources, and historic and cultural heritage tourism opportunities to the general public and elected/appointed officials. Evaluation of Importance: Rate 1-5 with 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 1 of 5

Evaluation of 2008 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Evaluation of Chapter Goals Goal Statement Importance Comments Rate 1-5 Goal 4: Collaborate with Diverse Partner and collaborate with special Groups and Governments interest groups, within municipal government, and state and federal government agencies regarding preservation activities, cultural activities and heritage tourism. Public Utilities Goal 1: Proactively Maintain Continue to place highest priority on and Community Existing Infrastructure and Expand maintaining existing utilities and community infrastructure so that reliable Infrastructure Infrastructure When Beneficial service can continue to be provided to existing community. Goal 2: Enhance Infrastructure to Enhance public utilities and infrastructure Meet Community Needs where studies indicate that community services standards are not being met. Goal 3: Meet or exceed the State - and Federal requirements of the NPDES permit and Stormwater Management Plan Community Goal 1: Provide a System of Provide a walkable open space network Services and Interconnected Open Space Areas which links the community to facilities, schools, libraries, and travel paths. Facilities and Recreational Opportunities Goal 2: Provide a New & Modern The City should pursue and support the Public Library construction and operation of a newly constructed modern library facility. Goal 3: Disaster Preparation The City must be prepared to face and quickly address potential disasters both natural and man-made. Goal 4: Provide and Maintain High The City should provide and maintain Quality City Services high quality services to all residents, properties, and visitors within Dover. Evaluation of Importance: Rate 1-5 with 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 2 of 5

Facilities Evaluation of 2008 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Evaluation of Chapter Goals Goal Statement Importance Comments Rate 1-5 Goal 5: Protect and Preserve the The City should work to ensure the City Owned Resources protection and preservation of its own resources ranging from natural, historic, and cultural resources to the physical facilities. Transportation Goal 1: Preserve and Maintain the Encroaching development and unlimited Existing Transportation System access onto the region’s major roadways reduces system capacity. By guiding development, controlling access, and taking active steps to preserve transportation system investments that have already been made, the existing system can be maintained. Goal 2: Increase Coordination with Work with citizens, DelDOT, and the MPO Agencies to ensure that Dover’s long and short- range transportation needs are addressed. Goal 3: Develop and Expand Expanding facilities and services for Alternate Modes of Transportation alternate modes of transportation such as walking, bicycling, taxi, and transit services enhances mobility for residents, reduces the number of single-occupant vehicles, and reduces the need to own an automobile. Goal 4: Create Recommendations The City should cooperate with DelDOT and Policies for Roadways and through the Development Advisory Committee (DAC) and the Dover/Kent Development County MPO on the following: • Support for access management along minor arterials and collector roads to protect traffic capacity and preserve the character of existing neighborhoods. • Support for pedestrian, bikeways, and public transit facilities in subdivisions and site plan applications. Evaluation of Importance: Rate 1-5 with 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 3 of 5

Evaluation of 2008 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Evaluation of Chapter Goals Goal Statement Importance Comments Rate 1-5 Goal 5: Air Quality: The Ozone The City of Dover is committed to Challenge working with the Dover/Kent County MPO to reduce the air quality impact of auto emissions through sound land use planning, enhancing the bicycle and pedestrian transportation network in Dover, and encouraging increased use of public transit. Economic Goal 1: Attract and Retain High- - Development Paying Quality Jobs by Targeting Large Firms and Businesses to Major Growth Areas in the City Goal 2: Revitalize Downtown - Dover as a Vibrant Town Center Integrating the Hospital, the Colleges & Universities, the State and City Governments with Business (Retail and Professional), Housing and Tourism Goal 3: Ensure that Zoning - Requirements Encourage the Uses Desired and Do Not Create Impediments to Desired Business Growth Goal 4: Create an Environment for - Long Term Economic Investment in Dover Focusing on Green Technology and Entrepreneurial Businesses Goal 5: Actively Market Garrison - Oak Evaluation of Importance: Rate 1-5 with 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 4 of 5

Evaluation of 2008 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Evaluation of Chapter Goals Goal Statement Importance Comments Rate 1-5 Housing & Goal 1: Encourage Balanced Ensure that adequate, safe, and Community Housing Opportunities for All affordable housing is offered to all income levels, ages and citizens of the Development Income Levels and Phases in Life City. Goal 2: Preserve Existing Housing Preserve the existing housing stock in the Stock City of Dover through the continuation of the rehabilitation of existing homes. Goal 3: Provide Safe Livable Continue to provide safe livable Neighborhoods residential and commercial neighborhoods to improve the quality of life. Goal 4: Provide Homeownership Provide homeownership opportunities Opportunities for Low/Moderate throughout the City, especially within low and moderate-income neighborhoods. Income Evaluation of Importance: Rate 1-5 with 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 5 of 5

Evaluation of 2018 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Evaluation of Chapter Recommendations Importance Comments Rate 1-5 Natural Develop New Code Amendments to Resources and R1 Address New and Existing Environmental Challenges Environmental Protection R2 Protect Environmental Resources through the Development Review Process Coordinate with other Environmental R3 Agencies and Groups Participate in or Implement Measures R4 Related to Impervious Cover and Water Quality Support/Utilize the Silver Lake R5 Commission Research and Implement a Green Energy R6 Program Historic Identification and Designation of the R1 Preservation Dover Historic District Zone R2 Stewardship of Historic Resources Evaluation of Design Standards and R3 Guidelines R4 Architectural Review Certification Process Impact of Development Activity on R5 Historic Resources R6 Support of Historic Resources R7 Tax Credit Program for Historic Properties Evaluation of Importance: Rate 1-5 With 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 1 of 5

Evaluation of 2018 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Increase Participation in Resource- R8 Bearing Programs R9 Public Outreach Education R10 Assistance and Support of Interest Groups Public Utilities and Community R1 Update Utility Plans Regularly Infrastructure Continue to Seek Interconnections with R2 Other Water Systems Implement plan to identify and remove R3 sources of inflow and infiltration Continue to Implement Plans to Improve R4 Water Quality Identify and pursue options for long-term reliable, cost competitive, and R5 environmentally prudent electricity for the citizens of Dover Determine the Feasibility of Implementing R6 a Stormwater Utility within the City of Dover Encourage and Possibly Require Green R7 Technology for Stormwater Management in New Development Projects Community Develop an Open Space and Park Master Services and R1 Plan Facilities Pursue Recreation, Open Space, and Park R2 Linkages Evaluation of Importance: Rate 1-5 With 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 2 of 5

Community Services and Facilities Evaluation of 2018 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Maintain and Improve City Park Facilities R3 and Recreation Programs Develop and Construct a New Public R4 Library R5 Disaster Preparedness R6 Maintenance of City Services R7 Develop and expand City Waste Services R8 City Services and Facilities Maintenance Protect and Preserve Natural, Historic, R9 and Cultural Resources Transportation Increase the Capacity of the R1 Transportation System R2 Leadership in the Dover/Kent MPO Update and Implement the Bicycle & R3 Pedestrian Transportation Plan Implement the US Route 13/113 Corridor R4 Improvements R5 West Dover Connector Develop and Implement Strategies for R6 Addressing East/West Traffic West of Dover Establish a means of access from the R7 Garrison Oak Tract to SR 1 Miscellaneous Transportation R8 Improvements Continue to adhere to the Clean Air Act of R9 1990 Economic R1 Adopt Economic Development Strategies Development Evaluation of Importance: Rate 1-5 With 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 3 of 5

Evaluation Economicof 2018 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Development Hire an Economic Development R2 Professional to Attract and Retain Businesses within the City of Dover Continue to Develop and Promote R3 Incentives for Downtown Redevelopment Adopt 2006 Downtown Dover Economic R4 Enhancement Strategy (DDEES) (Hyett- Palma Strategy) Create a Visual Master Plan and Form- R5 Based Code for Downtown R6 Support Mixed-Use Development Review and Modify Zoning Districts to Ensure that Desired Uses Are Encouraged R7 and Incompatible Uses are Tightly Controlled Protect existing establishments from R8 encroachment Separate light and heavy manufacturing R9 to prohibit non-manufacturing entities in that respective zone. Develop a Master Plan for Garrison Oak that allows for interested parties to R10 expedite the planning and building phases including the following Market Garrison Oak as a potential site for green, alternative and low-carbon R11 energy plant(s), and for large technological and manufacturing firms that support these industries. Explore the Creation of a Tax Increment R12 Financing (TIF) District for Garrison Oak Evaluation of Importance: Rate 1-5 With 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 4 of 5

Evaluation of 2018 Goals and Recommendations From Table 1-1 and Chapters 5-11 of Dover's 2008 Comprehensive Plan as amended Housing & Explore the feasibility of allowing an Community R1 accessory housing unit option based on Development strict criteria Encourage the use of mixed use/mixed R2 style housing types though residential zoning R3 Update the Consolidated Plan Promote development within the City R4 limits Encourage property owners to maintain R5 and rehabilitate their existing housing stock R6 Provide safe and livable neighborhoods Provide homeownership incentives for R7 low to moderate income households Evaluation of Importance: Rate 1-5 With 1 = Less Important, 2 = Somewhat Important, 3 = Important, 4 = More Important 5 = Very Important 5 of 5