Tuesday, June 13, 2017

Latest UDC waiver: Dunkin' Donuts in Glasgow

The New Castle County Unified Development Code is clear about the requirements. Why isn't it being adhered to?

Too often, New Castle County issues a certificate of occupancy despite clear violations of the Unified Development Code (UDC).

Bicycle parking and handicapped access (as per the American Disabilities Act) are required components of NCC's Unified Development Code, and are supposed to be installed and verified before a new building owner is granted a certificate of occupancy. Our latest spotlight falls on a brand new Dunkin' Donuts, located next to the 4-Seasons Shopping Center on Rt.896 in Glasgow. There is no sign of a bicycle rack, and pathway access has a high curb.



Unfortunately, once the certificate is granted, there is no turning back; the code becomes virtually impossible to enforce. It is for this reason that a funding pool should be established, perhaps fed into by government agencies as well as private sources. Bicycle parking could then be installed on an as needed basis, where it's needed most, via DelDOT work order. Until then, folks on bikes will have no place to lock up for the majority of their trips.

Stay tuned as we contact NCC officials for an answer. We also need to update the language in the code, to reflect the need for APBP compliant bicycle parking (wheel and frame support). The City of Newark updated theirs several years ago, and at least there, wheelbending "toast" racks should be a thing of the past.

Would these same land use inspectors think to leave out car parking? Note: We are not blaming the franchise owners, as the ultimate failure occurred at the final inspection level.

This new IHOP on Kirkwood Highway had its bicycle parking waived in 2014. Land use officials claimed that it involved the retrofit of an existing building.

Related: How effective is the NCC Unified Development Code for bicycles?

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