Kent County Levy Court Introduces Coastal Zone Protection Overlay

On January 27, 2004, the Kent County Levy Court introduced a zoning ordinance text amendment which if adopted as drafted could provide far reaching benefits to portions of the Murderkill River Watershed.   This overlay would contain additional requirements concerning land use for all of Kent County lying east of State Route 1 / Delaware Route 113 which would include a significant portion of the Murderkill Watershed.

• A restriction on clearing of wooded areas covering over 5,000 square feet to a a maximum of 15% of the existing wooded area.  This would help to retain existing vegetation in this area which provides one of the best ways to capture nitrogen and phosphorus contained in surface water run-off.
  
• Language which would require a 100 foot planted open space to be maintained from various types of land development to the mean high water line of any blue line stream or perennial body of water.  Studies show such planted strips along stream banks help absorb nitrogen and phosphorus and aid in preventing erosion and sedimentation.
  
• A breakdown of permitted density within the Coastal Zone into two distinct zones.  The first, located between DE SR-1 and DE Rt. 9/U.S. Rt. 113, would provide a limit of one dwelling unit per 10 acres.  The second zone, between DE Rt. 9/U.S. Rt. 113 and the shoreline will be limited to a maximum density of one dwelling unit per 20 acres.  This low density would result in far fewer environmental stresses on the Murderkill Watershed within the overlay area's boundaries.  These density calculations would be made using only land capable of development.   Wetlands and areas within the 100 year flood plain would not be included, nor would any area taken up by required buffers and open spaces.
  
• A provision that any new septic system within this area must be the most efficient available for the particular site at minimizing the amount of nitrogen and phosphorus entering the ground water.  This would aid in reducing non-point source nitrogen and phosphorus within the watershed and bring us a step closer to meeting the Total Maximum Daily Load (TMDL) levels for this area.
  
• A provision for tree planting for non-woodland areas which are proposed for development.  A minimum of one tree per 1,000 square feet of residential lot area would be required.  This legislation would help to re-forest portions of the Murderkill Watershed offering increased areas for nutrient reduction.  If planted along stream and river banks, it would offer the possibility of reducing water temperature and the amount of sunlight on these water bodies, reducing alga blooms and incidents of low dissolved oxygen in these streams and rivers.