Dewey leaders to debate green space, runoff requirements

At the monthly meeting Friday, July 19, Dewey Beach commissioners are set to possibly vote on changes to green space and downspout/runoff requirements as recommended by the planning and zoning commission June 27.

The topics arose from the town charter and code committee, which noted code is not sufficiently explicit in regard to green space requirements, said Commissioner Dave Lyons. Proposed changes will preserve the character of the town’s north end and provide specific, enforceable requirements, he said.

Town Manager Bill Zolper said people have been converting their entire front yards to driveways so that five to six cars are lined up across the front of the property.

The code allows for two 10-foot driveway entrances or one 20-foot driveway entrance, he said, but homeowners are creating a 50-foot driveway across the property, leaving the public afraid to park in legal parking spaces and block cars in the yard, although legally they can.

“The town sees this as a real problem,” Zolper said. “We’re hoping this will address that.”

Current code says that a minimum of 15% of the gross lot area should be dedicated to planting and beautification, Lyons said, and a minimum of 50% of that requirement must be in the front yard.

Code doesn’t include a green space definition, Lyons said, so commissioners proposed it be described as vegetation, such as grass, trees, shrubs and other plants permanently planted into the ground; planters would not count.

Recommended changes include increasing the total green space to 25% of the total lot area in the Neighborhood Residential district, in which all front-yard areas must be green space except for a 20-by-18-foot space for a driveway and a 4-by-18-foot space for a walkway, he said.

Remaining green space must be distributed between the backyard and two side yards, and driveways and walkways must have borders that contain their materials, he said. Existing front yards covered with non-green space materials may remain but any replacement of materials must be converted to green space, except for driveways and walkways, he said.

During public comment, resident Marcia Schieck said she owns several properties in the NR district and sits on the charter and code committee. The issue should be fast-tracked because every week the problem worsens, detracts from the character of the north end, creates parking problems and doesn’t align with the town’s comprehensive plan, she said.

“This is really destructive,” Schieck said, suggesting the proposed borders be raised so the driveway is defined and contained, and parking regulations can be enforced.

Cindy Souza of West Street said five houses in the north end have paved the entire 50-foot width of the front yard, and no one has enforced taking out the easement for public parking spaces. 

“So if you’re not going to enforce what’s currently on the books, I don’t see a reason to add new things to that list,” she said.

The way the proposal is written, Souza said, 25% of a 50-by-100-foot lot is 1,250 square feet. Of that, 432 square feet can be driveway and walkway, she said, leaving 1,318 square feet for a house. Souza said her home is much smaller than houses being built today but still has a 2,150-square-foot footprint.

“You are forcing green space over a house,” Souza said. “That’s what you’ve written here, so I just would ask, is that the intent?”

Lyons, along with Chair Mike Harmer and commissioners Jimmy O’Conor and Mark Nordquist, voted to recommend the proposed draft ordinance to town commissioners. Commissioner Jack Redefer recused himself from voting, citing his family’s property interests in the north end. 

A new ordinance regarding downspouts and stormwater runoff arose after a residential complaint, Lyons said. Someone was running a flexible tube from their downspout directly onto the neighbor’s property, Zolper added, and requested the downspout discharge point be no less than 4 feet from the nearest property line.

Town Counsel Fred Townsend said he drafted the ordinance that states any application for a permit to construct a new building or renovate a building in which the cost of renovations exceed $15,000 requires gutters and downspouts. The $15,000 amount was arbitrarily determined and can be adjusted, Townsend said, as well as the proposed 4-foot minimum discharge point.

Townsend said a portion of the draft ordinance that states stormwater runoff must be contained within the property’s boundary line was tricky because of elevation differences between properties on the same street. In such instances, water has run for decades from high to low elevations, so a distinction must be made that recognizes the historical flow of stormwater will not constitute a violation.

After some discussion, Commissioner Gary Persinger clarified that the intent of the ordinance is not to keep all stormwater in general on a property, but that all stormwater from gutters and downspouts must remain on the property. Commissioners then voted unanimously to recommend the ordinance to town commissioners.

The third recommendation involved raising the freeboard requirement from 1 foot to 3 feet, Lyons said. Assistant Town Manager Jim Dedes said the change would increase the cost of construction and homes could potentially be 6 to 7 feet higher, including base floor elevation requirements.

Building Official Daune Hinks said state and FEMA officials would likely approve the change, but if there is a problem with it in the future, FEMA will probably not let the town revert to a 1- or 2-foot freeboard requirement. 

Such a change may also necessitate a certain design for entry staircases or an encroachment into the setback, she said. More fill dirt could be brought in the yard to accommodate, but that could cause a problem with water runoff. Hinks said she would like to speak with leaders of another community with a larger requirement but she hasn’t found any. More research is needed, she said.

Lyons’ motion to advance the issue to commissioners failed without a second. Redefer’s motion to have a case study or synopsis didn’t receive a second; Lyons said he has done work on the issue. Harmer said more research is needed or the issue was dead in the water; he said he would speak with Zolper about possibly hiring a consultant.

Town council has set a public hearing on green space and downspout requirements for 3 p.m., Friday, July 19. A full agenda has not yet been posted.