After 15 months of deliberation Kent County's new Subdivision Ordinance has been approved to address how sprawl will be managed in the county.  A subdivision is any land that has been divided into two or more lots for the purpose of transfer or sale.  The original subdivision ordinance was written in 1973 and had not been changed since.  That version was lacking in many areas, especially those concerning environmental issues.  Sarah Keifer, Assistant Director of Planning Services - Planning Division, feels that this new ordinance is a substantial step forward.

While the ordinance was being upgraded the writing team worked towards some goals that were not addressed in the previous edition.  They planned on making it very basic and readable, to reduce the amount of confusion people experience when dealing with regulations.  The team also wanted to build in incentives so developers would be more willing to develop in high growth areas for better management of urban sprawl.

This was accomplished by splitting the county into two sections:  The Growth Zone and Outside the Growth Zone.  The Growth Zone is the central portion of Kent County while everything else is considered Outside the Growth zone.  The Growth Zone is where they want developers to centralize, with stricter regulations for development applied in Outside the Growth Zone areas.

Previously, there was no delineation between active and passive open space, but now there is.  Inside the Growth Zone, the county may require up to 15% passive open space, but outside of the zone the county may require up to 35% passive open space.  Passive open space is areas of land required between developed areas to preserve and enhance natural and historic features.  This does not include open areas used for recreation or public use within a development, which are considered active open space.

Riparian buffers were added as a new requirement for reducing the amount of nutrient  loading in waterways to ensure compliance with Total Maximum Daily Load requirements.  Wetlands and flood plains were protected so they can not be filled, developed, or cleared of any vegetation without a permit.

Woodland protection is also codified in the updated ordinance. With the previous version there was no regulation on the amount of trees that could be cut, so clear cutting was permissible.  This no longer allowed, and properties considered non-woodland areas need to have trees planted. Inside the Growth Zone 20-60 % of the existing woodlands are to be preserved. One tree for every 5-10,000 square feet must be planted in non-woodland areas.  Outside the Growth Zone only 30% of the existing woodlands can be removed Preserving the remaining 70%. For non-woodland areas, one tree for every 3-5,000 sq feet must be planted.

Another important feature of the new ordinance is a requirement to hold public hearings for all proposed new subdivisions.  No longer will you have your first opportunity find out about new development when the bulldozers pull up for their first morning of work.

Sarah explains the whole experience as “a positive step in the right direction.” Although this is only a start it says wonders for the future.