This is the exact embedded text of the captured official document.
Snapshot 694fe8bfefed · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
2018 COMPREHENSIVE
PLAN UPDATE
Town of Clayton
Kent County and New Castle County, Delaware
Adopted by the Town Council January 14, 2019
Certified by the Governor February 19, 2019
Prepared by
Institute for Public Administration
Biden School of Public Policy & Administration
College of Arts & Sciences
University of Delaware
JOHN CARNEY
GOVERNOR
STATE ot-' DELAWARE
OFFICE OF THE GOVERNOR
T ATNALL BUILDING, SECOND FLOOR
MART1N LUTHER K1NG,JR. BOULEVARD SOUTH
DOVER, DELAWARE 19901
February 19,2019
The Honorable David Letterman
Mayor, Town of Clayton
P.O. Box 1130
414 Main Street
Clayton, DE 19938
RE: Certification of2018 Town of Clayton Comprehensive Plan
Dear Mayor Letterman,
PHONE (302) 744-4101
FAX (302) 739-2775
I am pleased to inform the Town of Clayton that as of January 14,2019, per the recommendation
of the Office of State Planning Coordination, the comprehensive plan for the Town of Clayton is
hereby certified provided no major changes to the plan are enacted. The certification signifies
that the comprehensive plan complies with the requirements of Title 22, Section 702 of the
Delaware Code.
I would like to thank the Town for working with the State to incorporate our comments before
adoption. We look forward to working with you as you implement your plan.
Once again, congratulations on your certification.
Sincerely
John C. Carney
Governor
AN ORDINANCE BY THE CLAYTON TOWN COUNCIL
ADOPTING THE 2018 TOWN OF CLAYTON COMPREHENSIVE PLAN UPDATE
WHEREAS, Section 2.1{a) of the Town Charter of Clayton, Delaware, states that the Town Council "shall
have all the powers granted to municipal corporations and to towns by the Constitution and general
laws of the State of Delaware, together with all the implied powers necessary to carry into execution all
the powers granted;" and,
WHEREAS, pursuant to Title 22, Section 702{e), which requires that comprehensive plans be updated
every 10 years, the Town of Clayton wishes to adopt a lO-year plan update; and,
WHEREAS, the Town's last comprehensive plan update was adopted by the Clayton Town Council on
December 8,2008 and certified by the governor on January 9, 2009; and
WHEREAS, pursuant to Title 22, Section 701 of the Delaware Code, the Town of Clayton has established
a planning commission which is known as the Clayton Planning and Zoning Committee; and,
WHEREAS, pursuant to Title 22, Section 702{a) of the Delaware Code and Section 6.2-3.1 of the Clayton
Zoning Ordinance, the Planning and Zoning Committee has prepared the Town of Clayton 2018
Comprehensive Plan Update which includes the elements required for municipal comprehensive plans
contained in Title 22 Section 702{b) ofthe Delaware Code; and,
WHEREAS, pursuant to Section 6.2-3.3 ofthe Clayton Zoning Ordinance, the Planning and Zoning
Committee:
1.
Reviewed an initial draft of the Plan Update on March 28, 2018,
2. Forwarded a recommended draft of the Plan Update to the Town Council on April 25, 2018
3. Analyzed and recommended responses to the PLUS (Preliminary Land Use Service) review to the
Town Council on October 24, 2018; and,
WHEREAS, the Town sought participation and comments from New Castle County, Kent County, the
Town of Smyrna, and the Smyrna School District during the entire plan-development process through
informal staff-level contact and written invitations to public meetings and hearings; and,
WHEREAS, THE Town also sought participation and comments from the public as follows:
1.
Planning and Zoning Committee members staffing a booth at the 2017 Clayton Railroad Days
Festival at which attendees were invited to view town maps and to complete a short questionnaire
to share thoughts about the Town's assets and needs,
2.
A space at Town Hall displaying the just-referenced maps and questionnaire,
3.
An invitation to comment on drafts ofthe Plan Update and share thoughts about the Town,
4.
Prior to the Town Council's public hearing on June 11, 2018, a notice was placed in the utility bills
sent to each Clayton residential and commercial customer; and,
WHEREAS, on June 11, 2018, the Town Council held a public hearing on a draft of this Plan Update prior
to its submission for Preliminary Land Use Service review; and,
WHEREAS, on July 25,2018, this Plan Update was the subject of a review under the state-mandated
Preliminary Land Use Service after which comments were provided in a letter dated August 20, 2018;
and,
WHEREAS, at its regular meeting of November 12,2018, the Town Council, after receiving a
recommendation from the Planning and Zoning Committee, approved the Town's response to PLUS
comments and a revised plan document that were forwarded to the Office of State Planning
Coordination on November 26,2018; and,
ADOPTED 01/14/2019
Page 1 of 2
AN ORDINANCE BY THE CLAYTON TOWN COUNCIL
ADOPTING THE 2018 TOWN OF CLAYTON COMPREHENSIVE PLAN UPDATE
WHEREAS, in a letter dated November 27,2018, the Office of State Planning Coordination accepted
revisions to the Plan Update for adoption by the town and subsequent certification by the governor;
and,
WHEREAS, on December 10,2018, the Town Council held a public hearing on the Plan Update where all
those wishing to speak were given an opportunity to do so; and,
WHEREAS, notice of the December 10, 2018 public hearing:
(a) Appeared in the Delaware State News on December 1, 2018,
(b) Was posted at the Town offices,
(c) Has been posted on the Town's website since November 29,2018; and,
WHEREAS, on December 10,2018 at the Town Council's regular meeting, this Ordinance was read for
the first time; and,
WHEREAS, on January 14, 2019 at the Town Council's regular meeting, this Ordinance was read for the
second time; and,
NOW, THEREFORE BE IT ORDAINED that the Clayton Town Council, having reviewed and responded to
comments from the Office of State Planning Coordination, considered revisions, and received additional
testimony, hereby adopts the 2018 Town of Clayton Comprehensive Plan Update, a final draft copy
dated 2018-12-01 which is attached to and made a part of this Ordinance.
AND BE IT FURTHER ORDAINED that minor editing to correct mistakes, incorrect information, or typing
errors is authorized.
AND BE IT FURTHER ORDAINED that the 2018 Town of Clayton Comprehensive Plan Update be
forwarded to the Office of State Planning Coordination for certification by the Governor.
AND BE IT FURTHER ORDAINED that pursuant to Title 10, Section 8126 of the Delaware Code, notice of
the action taken by this Ordinance shall be published in a newspaper of general circulation in the Town.
AND BE IT FURTHER ORDAINED that this Ordinance shall take effect upon adoption.
ADOPTED this 14th day of January 2019.
BY
David Letterman
Mayor and Council President
Town of Clayton
Kent County and New Castle County, Delaware
ADOPTED 01/14/2019
Page20f2
Town of Clayton 2018 Comprehensive Plan Update
i
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table of Contents
Town Officials and Staff .................................................................................................................. vi
County and State Officials .............................................................................................................. vii
Institute for Public Administration ............................................................................................... viii
Chapter 1.
Introduction ............................................................................................................... 1
Planning Authority .................................................................................................................... 1
Accomplishments ...................................................................................................................... 2
Chapter 2.
Plan Development Process ........................................................................................ 3
Planning and Zoning Committee Review and Recommendation ............................................. 3
Public Outreach ......................................................................................................................... 4
State Review ............................................................................................................................. 7
Town Council Review and Adoption ......................................................................................... 7
Chapter 3.
Location, History, Community Character .................................................................. 9
Location ..................................................................................................................................... 9
Town History ........................................................................................................................... 10
Community Character ............................................................................................................. 12
Chapter 4.
Planning Environment ............................................................................................. 15
State of Delaware.................................................................................................................... 15
New Castle County .................................................................................................................. 16
Kent County............................................................................................................................. 17
Town of Smyrna ...................................................................................................................... 18
Town of Clayton ...................................................................................................................... 18
Chapter 5.
Demographic and Economic Profile ........................................................................ 21
Demographic Profile ............................................................................................................... 21
Economic Profile ..................................................................................................................... 24
Chapter 6.
Natural Features ...................................................................................................... 27
Description .............................................................................................................................. 27
Protecting Water Resources ................................................................................................... 31
Goal and Recommendations for Consideration ..................................................................... 33
Chapter 7.
Historic Resources ................................................................................................... 35
Description .............................................................................................................................. 35
Goal and Recommendations for Consideration ..................................................................... 38
ii
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 8.
Economic and Community Development ................................................................ 39
Agri-Businesses ....................................................................................................................... 39
North Bassett Street Light-Industrial Area ............................................................................. 39
South Bassett Street Business Area ........................................................................................ 39
Wheatleys Pond Commercial Area ......................................................................................... 40
Town Center ............................................................................................................................ 40
Economic Development Committee ....................................................................................... 45
Goals and Recommendations for Consideration .................................................................... 46
Chapter 9.
Housing .................................................................................................................... 47
Housing Profile ........................................................................................................................ 47
New Construction 2008-2016 ................................................................................................ 51
Housing Rehabilitation Opportunities and Accomplishments ............................................... 53
Analysis of Housing Needs ...................................................................................................... 55
Goal and Recommendations for Consideration ..................................................................... 58
Chapter 10. Community Facilities and Services .......................................................................... 59
Town Government .................................................................................................................. 59
Town Facilities and Services ................................................................................................... 59
Public Safety ............................................................................................................................ 60
Educational Facilities............................................................................................................... 62
Civic and Social Services .......................................................................................................... 65
Goals and Recommendations for Consideration .................................................................... 67
Chapter 11. Park, Recreation, and Open Space .......................................................................... 69
Regional Facilities .................................................................................................................... 69
Clayton Vicinity Facilities ........................................................................................................ 69
Goals and Recommendations for Consideration .................................................................... 72
Chapter 12. Utilities ..................................................................................................................... 73
Water System .......................................................................................................................... 73
Wastewater System ................................................................................................................ 76
Stormwater Management Under MS4 ................................................................................... 77
Electricity ................................................................................................................................. 78
Natural Gas ............................................................................................................................. 79
Telecommunications ............................................................................................................... 79
Solid-Waste Management ...................................................................................................... 79
Goals and Recommendations for Consideration .................................................................... 79
Town of Clayton 2018 Comprehensive Plan Update
iii
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 13. Transportation ......................................................................................................... 81
Vehicular Transportation ........................................................................................................ 81
Bus Transportation.................................................................................................................. 81
Railroad Transportation .......................................................................................................... 82
Non-Motorized Transportation .............................................................................................. 83
Goals and Recommendations for Consideration .................................................................... 86
Chapter 14. Land Use Plan ........................................................................................................... 87
Current Land Use .................................................................................................................... 87
Future Land Use in Town ........................................................................................................ 88
Position on In-Town Growth ................................................................................................... 90
Growth and Annexation .......................................................................................................... 90
Position on Town Growth and Annexation ........................................................................... 102
Chapter 15. Implementation Tools ............................................................................................ 103
Required Implementation Actions ........................................................................................ 103
Land Use, Building, and Property-Maintenance Codes ........................................................ 104
Capital-Improvements Programming ................................................................................... 106
Healthy Communities Initiative ............................................................................................ 106
Boundary Maintenance ........................................................................................................ 107
Intergovernmental Coordination .......................................................................................... 107
Maps
............................................................................................................................... 109
Appendix A. Questionnaire Responses ...................................................................................... 121
Appendix B. Downtown Development District Application Summary ...................................... 123
Appendix C. Preliminary Land Use Service Review .................................................................... 125
iv
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
List of Maps
Map 1.
Clayton Vicinity Aerial View ...................................................................................... 108
Map 2.
State and County Planning Environment ................................................................. 109
Map 3.
Water Resources ....................................................................................................... 110
Map 4.
Community Facilities ................................................................................................ 111
Map 5.
Clayton-Smyrna Region Major Park & Recreation Areas ......................................... 112
Map 6.
Clayton Vicinity Park, Open Space & Recreation Areas............................................ 113
Map 7.
Clayton Vicinity Utilities ............................................................................................ 114
Map 8.
Source-Water-Protection Areas ............................................................................... 115
Map 9.
Roads, Routes, Railroads & Scenic Byway ................................................................ 116
Map 10.
Clayton Vicinity Trails & Pathways Issues & Opportunities...................................... 117
Map 11.
Current Land Use ...................................................................................................... 118
Map 12.
Future Land Use ........................................................................................................ 119
Map 13.
Existing Zoning .......................................................................................................... 120
List of Tables
Table 1.
Planning-Related Accomplishments 2008-2018 .......................................................... 2
Table 2.
Clayton Racial Composition ........................................................................................ 23
Table 3.
Educational Attainment, Clayton, Kent County, and Delaware
for Population 25 Years and Older .............................................................................. 24
Table 4.
Household Income, Clayton, Kent County and Delaware .......................................... 25
Table 5.
Smyrna River Watershed TMDLs ................................................................................ 32
Table 6.
Clayton National Register Sites ................................................................................... 36
Table 7.
Town Center Opportunities and Accomplishments ................................................... 43
Table 8.
Housing Age, Clayton, Smyrna, and Kent County ....................................................... 50
Table 9.
Housing Rehabilitation Opportunities and Accomplishments ................................... 53
Table 10. Housing Supply ............................................................................................................ 56
Table 11. Housing Demand ......................................................................................................... 57
Table 12. Smyrna District Schools Serving Clayton Students ..................................................... 64
Table 13. Clayton-Smyrna Region Park and Recreation Facilities .............................................. 69
Table 14. Clayton Vicinity Selected Park and Recreation Areas ................................................. 70
Table 15. Existing Trails and Pathways ....................................................................................... 84
Table 16. Land Use and Zoning Link ......................................................................................... 104
Town of Clayton 2018 Comprehensive Plan Update
v
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
List of Figures
Figure 1. Regional Location Map ................................................................................................. 9
Figure 2. Clayton Population Trend 1940-2010 ........................................................................ 21
Figure 3. Clayton Population Projections, 2020-2050 .............................................................. 22
Figure 4. Clayton Age Profile ...................................................................................................... 24
Figure 5. Employment Status, Clayton, Kent County, Delaware ............................................... 25
Figure 6. Occupations for Clayton Residents ............................................................................. 26
Figure 7. Work Locations and Commuting ................................................................................ 26
Figure 8. Clayton Vicinity Soils Classification ............................................................................. 28
Figure 9. Clayton Area Topography Map ................................................................................... 29
Figure 10. Clayton Historic Resources Map ................................................................................. 35
Figure 11. Design Challenges, Clayton Town Center ................................................................... 41
Figure 12. Design Accomplishments, Clayton Town Center ........................................................ 42
Figure 13. Town Center Opportunities and Accomplishments Location Map ............................ 44
Figure 14. Clayton Household Trend, 1960-2010 ....................................................................... 47
Figure 15. Household Size, Clayton, Kent County and Delaware 1990-2010 ............................. 48
Figure 16. Housing Types, Clayton, Smyrna, and Kent County .................................................... 49
Figure 17. Housing Occupancy, Clayton-Smyrna Area and Kent County .................................... 50
Figure 18. Median Housing Values, Clayton, Smyrna, Kent County, and Delaware .................... 51
Figure 19. Median Gross Rent, Clayton, Smyrna, Kent County, and Delaware ........................... 51
Figure 20. Permits for New Construction 2004-2016 ................................................................. 52
Figure 21. Developing, Unbuilt, and Infill Housing Lots ............................................................... 55
Figure 22. Smyrna School District Enrollment, 2000-2018 ......................................................... 63
Figure 23. Sidewalk Gaps ............................................................................................................. 85
Figure 24. Land-Use Distribution 2018 ........................................................................................ 88
Figure 25. Future Land Use Changes ........................................................................................... 89
Figure 26. Annexation History Map ............................................................................................. 91
Figure 27. Annexation Area Map ................................................................................................. 94
vi
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Town Officials and Staff
Elected and Appointed Officials
Town Council
David Letterman, Mayor
Alex Dias, Vice Mayor
Mary Ellen DeBenedictis, Secretary
Nick Smith, Treasurer
William Carrow II, Assistant Treasurer
Planning and Zoning Committee
Tom Watts, Chairperson
Bill Brockenbrough
Tom Ruppert
Eddy Seger
Wayne Stover
Town Attorney
Scott E. Chambers, Esq.
Schmittinger & Rodriguez PA
Town Staff
Administration
Jeffrey A. Hurlock, Town Foreman
Sue Muncey, Office Manager
Tiffany Adams, Administrative Assistant
Melissa Knight, Municipal Clerk
Code Enforcement
Tom Ford
Public Safety
Lt. Carl Hutson, Chief of Police
Chris Letterman, Administrative Assistant
Public Works
Jeffrey A. Hurlock, Town Foreman
Gary Faulkner, Manager
David Ross, Lead Technician
Gary Everage, Technician
Roland Timmons, Mechanic/Technician
Town of Clayton 2018 Comprehensive Plan Update
vii
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
County and State Officials
Kent County
Levy Court
P. Brooks Banta, District 1, President
Jeffrey W. Hall, District 2
Allan F. Angel, District 3
Eric L. Buckson, District 4
George Jody Sweeney, District 5
Glen M. Howell, District 6
Terry L. Pepper, At-Large, Vice President
County Administrator
Michael J. Petit de Mange, AICP
Planning Services Department
Sarah E. Keifer, AICP, Director
New Castle County
County Executive
Matthew S. Meyer
County Council
Karen Hartley-Nagle, Council President
Kenneth R. Woods, District 1
Dee Durham, District 2
Janet Kilpatrick, District 3
Penrose Hollins, District 4
Lisa Diller, District 5
David B. Carter, District 6
George Smiley, District 7
John Cartier, District 8
Timothy Sheldon, District 9
Jea P. Street, District 10
David Tackett, District 11
Bill Bell, District 12
Chief Administrative Officer
Vanessa Philips
Land-Use Department
Richard E. Hall, AICP, General Manager
State of Delaware
Governor
John C. Carney
Senate
Bruce C. Ennis, Senator, District 14
David G. Lawson, District 15
House of Representatives
Jeffrey N. Spiegelman, District 11
William J. Carson, Jr., Representative, District 28
William Bush, District 29
Office of State Planning Coordination
Constance C. Holland, AICP, Director
viii
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Institute for Public Administration
The Town of Clayton 2018 Comprehensive Plan Update was prepared by the Town of Clayton
Planning and Zoning Committee with assistance from the Institute for Public Administration
(IPA), a unit within the University of Delaware's Biden School of Public Policy & Administration.
IPA links the research and resources of the University of Delaware with the management and
information needs of local, state, and regional governments in the Delaware Valley. IPA
provides assistance to agencies and local governments through direct staff assistance and
research projects as well as training programs and policy forums.
Institute Director
Jerome R. Lewis, Ph.D.
Clayton Plan Update Team
Linda Raab, AICP, Project Manager
Nicole Minni, GISP, Mapping and GIS Support
Troy Mix, AICP, Planning Services Manager
Town of Clayton 2018 Comprehensive Plan Update
1
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 1.
Introduction
The Town of Clayton 2018 Comprehensive Plan Update provides current information on
population, transportation, housing, employment, the environment, municipal services, and
land use, and it establishes a new municipal growth plan for the town. It articulates the Clayton
community's vision for its future and its position on land use and growth. As such, it becomes a
guide for decisions on development proposals, annexations, and capital improvements.
As required by state law, this document is a complete re-assessment of the 2008 plan that
includes reviewing visions and goals, analyzing demographic and economic data based on
current statistics, updating all maps, reporting on the status of development activity, re-
examining future land use within town, and reconsidering the annexation area boundary.
Planning Authority
Title 22, Section 701(a) of the Delaware Code requires that municipalities develop strategies
for:
... the most appropriate uses of the physical and fiscal resources of the
municipality and the coordination of municipal growth, development, and
infrastructure investment actions with those of other municipalities, counties
and the State through a process of municipal comprehensive planning.
Section 702(b) of the Delaware Code identifies required plan elements. Comprehensive plans
for municipalities with populations over 2,000 persons, like Clayton, must be:
... document[s] in text and maps [containing] 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 [that must] demonstrate
coordination with other municipalities, the county, and the state ...
Section 702(d) specifies that:
After a comprehensive plan or portion thereof has been adopted by the
municipality in accordance with this chapter, the comprehensive plan shall
have the force of law and no development shall be permitted except as
consistent with the plan [emphasis added].
2
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Accomplishments
Table 1 lists Clayton's major planning-related accomplishments that have taken place since
adoption of the 2008 Comprehensive Plan Update.
Table 1.
Planning-Related Accomplishments 2008-2018
02/14/2011
Contract with First State Inspection Services for plan-review and building
inspection services approved; amendment to Subdivision Ordinance adopted
that reduces minimum required open space in cluster developments from 60
percent to 30 percent
03/14/2011
Amendment to the Subdivision Ordinance adopted revising the minimum
required acreage for open space cluster subdivisions and setting forth
standards for the characteristic of dedicated open space
12/12/2011
Comprehensive rezoning following comprehensive plan adoption enacted
11/13/2012
Amendment to Subdivision Ordinance adopted that changes the procedure
for amending the Subdivision Ordinance to make them consistent with such
changes to the Zoning Ordinance
05/14/2014
Floodplain-management ordinance adopted that is consistent with current
federal and state regulations
06/09/2014
Amendment to Subdivision Ordinance adopted requiring a performance bond
to ensure that infrastructure improvements required through subdivision are
completed
08/11/2014
Ordinance establishing an official map depicting the town boundaries
adopted; ordinance and map recorded on September 2, 2014, with the Kent
County Recorder of Deeds and on August 25, 2014, with the New Castle
County Recorder of Deeds
11/01/2014
Application filed for designation as a Downtown Development District
03/09/2015
Economic Development Committee established, whose members include two
council members and three business owners in the town center; Committee's
purpose is to bring new business to, and retain existing businesses in,
Clayton's town center
06/06/2015
Source-water-areas-protection ordinance adopted
05/09/2016
Resolution adopted maintaining Clayton's Downtown Development District
application for the second round of district determinations
08/08/2016
Amendments to the Zoning and Subdivision Ordinances to make requirements
for Town Council and Planning and Zoning Committee review procedures
consistent in the two ordinances
Town of Clayton 2018 Comprehensive Plan Update
3
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 2.
Plan Development Process
This section describes Clayton's plan-development process. It includes plan preparation by the
Planning and Zoning Committee as required by state law, state review under the Preliminary
Land Use Service (PLUS), local public outreach, and Town Council adoption.
On December 8, 2008, Clayton adopted a complete update to its comprehensive plan. The plan
was certified by the governor on January 7, 2009. The five-year review of the plan began in
early 2014, it was thought that, for the most part, the 2008 Plan seemed relevant and sufficient
to guide the town until 2018, but that an amendment should be undertaken to make a few
mapping changes and demonstrate compliance with state requirements regarding source-
water regulations and recordation of official boundaries.
Following state review of the plan-amendment document in July 2015, it became clear that the
items covered in the document, particularly incorporation of the Downtown Development
District application in October 2014, and the passage of time had grown the amendment into a
full-blown plan update.
Planning and Zoning Committee Review and Recommendation
Title 22, Section 702(a) of the Delaware Code assigns responsibility for the preparation of
comprehensive plans to planning commissions. Section 6.2-3.1 of the Clayton Zoning Ordinance
charges the Planning and Zoning Committee with this responsibility. This section documents the
Clayton Planning and Zoning Committee's review and recommendation on this Plan Update.
2014-2015
On February 26, 2014, the Planning and Zoning Committee met to kick-off preparation of what
began as a plan amendment. The meeting began with a review of the process for preparation
of, recommendation to the Town Council on, state review of, and adoption of a plan
amendment and the subsequent rezoning required by state law. Committee members then
discussed the plan-review issues including boundary recordation and adoption of a source-
water-protection ordinance map.
At the meeting of March 26, 2014, committee members reviewed the 2008 Plan. They
concluded that the plan is still relevant and will guide growth and development in Clayton for
the next five years. They recommended preparation of a document that included:
1. A source-water-areas-protection map as required by Title 7, Chapter 60, Section 6082(b).
2. An updated Future Land Use Map (Map 7 in 2008 Plan) that
a. reflects Clayton's town boundary;
b. depicts the future land uses adopted in the 2008 Plan on a current parcel map; and
c. does not change the future land use for any parcel within the town boundaries.
4
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
3. Removes the Wright and People's tracts on the future land use map and references to
annexation of these parcels from the text of the plan.
4 Makes changes to the text of many plan chapters; and
5. Adds the Downtown Development District application to the plan.
On April 22, 2015, the Planning and Zoning Committee held a meeting to review a draft of a
plan amendment. The draft included the following:
1. Items recommended at the March 26, 2014 meeting;
2. A number of additional items that surfaced between the two meetings including the
application for Downtown Development District designation;
3. Updates to the text of a majority of chapters; and
4. A proposed zoning map showing the zoning districts that would be consistent with the land-
use map.
The Committee met on May 27, 2015 to seek public input on and review the plan amendment
prior to making a recommendation to the Town Council. Two members from the public and a
Town Council member attended this meeting. Following a discussion, the Committee
recommended a plan-amendment document to the Town Council.
2017-2018
On August 15, 2017, the Planning and Zoning Committee met to review a preliminary draft of
this Plan Update and to give direction to consultants at the Institute for Public Administration
(IPA) for writing a second draft. Some of the issues discussed at that meeting included public
outreach, future land use, and annexation.
On March 28, 2018, the Committee met with consultants to continue its discussion on land use,
public outreach, and housing. A number of revisions were recommended.
On April 25, 2018, the Committee met with consultants to review a new draft that contained
the recommendations and direction to consultants at the March meeting. After reviewing the
new draft, the Planning and Zoning Committee voted to forward the revised draft to the Town
Council for submission to the state for review under the Preliminary Land Use Service (PLUS).
Following receipt of the PLUS comments, the Planning and Zoning Committee reviewed a draft
of the Town's responses to the PLUS review. On October 24, 2018, the Committee made a
recommendation on the responses to the Town Council.
Public Outreach
This section documents Clayton's efforts to solicit public input for the plan.
Town of Clayton 2018 Comprehensive Plan Update
5
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Railroad Days Exhibit
Clayton kicked off its public outreach efforts at the annual Clayton Railroad Days Festival on
October 7, 2017. The Planning and Zoning Committee staffed a booth at the festival. Planning
and Zoning Committee and Town Council members alternately spent time meeting festival
goers and explaining the comprehensive plan. On display was a map showing future land use
and the locations of redevelopment activity in Clayton's central business district. The exhibit
also featured a short questionnaire asking passersby to share their thoughts about the town.
Six questionnaires were completed at the festival or returned to the town hall.
Clayton Planning & Zoning Committee at Clayton Railroad Days Festival, October 7, 2017, photo by Nick Smith
6
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Town Hall Display
After the Railroad Days Festival, the display and questionnaire were moved to the Town Hall.
Town staff invited visitors, residents, and customers to complete the questionnaire and review
the map. Three questionnaires picked up at the town hall were returned.
Website Outreach
On January 18, 2018, the following message was placed on Clayton's homepage.
Clayton is in the Process of Updating its Comprehensive Plan. A comp plan is a document and a
series of maps that: (1) outlines development goals and objectives; (2) maps the desired locations
for homes, shops, and offices in town and in the area that Clayton might want to annex into the
town, and (3) serves as the basis for zoning and subdivision laws.
This link can be used to view the 2008 Comprehensive Plan.
http://www.ipa.udel.edu/localgovt/municipalities/clayton/clayton-comp-plan.pdf
Please provide a response or comment to [email protected].
On May 18, 2018, a link to a draft of the plan document was posted on the town website.
Other Outreach
A notice was placed in the utility bills sent on June 1, 2018 to every residential and commercial
customer. The notice was similar to the message placed on Clayton's homepage.
Intergovernmental Coordination
On March 7, 2018, letters were sent to New Castle County, Kent County, the Town of Smyrna,
and the Smyrna School District notifying that Clayton was beginning its 2018 comprehensive
plan update. These initial letters also encouraged respondents to suggest items that Clayton
might include in the plan. No comments or responses were received.
On May 16, 2018, a copy of the draft plan, dated May 8, 2018, was mailed to New Castle
County, Kent County, the Town of Smyrna, and the Smyrna School District. These letters also
announced a June 11, 2018 public hearing by the Clayton Town Council the purpose of which
was to review the draft plan prior to its submission for review under the Preliminary Land Use
Service (PLUS). No comments or responses were received.
On August 15, 2018, emails were sent to New Castle County, Kent County, the Town of Smyrna,
and the Smyrna School District requesting confirmation that a copy of the plan was received.
The email also requested comments. All jurisdictions and the school district confirmed receipt
of the plan. No comments were received.
Town of Clayton 2018 Comprehensive Plan Update
7
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
State Review
Title 29, Section 9203 of the Delaware Code requires that the state review and comment on
county and municipal comprehensive plans, including amendments to plans. Known as the
Preliminary Land Use Service (PLUS), the process involves review and comment from state
departments and agencies. The Office of State Planning Coordination (OSPC) organizes the
review and comment process.
On July 22, 2015, OSPC and the state agencies involved in the PLUS process reviewed the plan
amendment. In a letter dated August 18, 2015, the OSPC provided comments. These comments
were considered, and relevant comments were incorporated into this Plan Update.
On July 25, 2018, the PLUS committee reviewed this Plan Update. In a letter, dated August 20,
2018, comments were provided. In a letter dated November 26, 2018, Clayton responded to
the PLUS comments.
Town Council Review and Adoption
On June 8, 2015, the Town Council authorized submission of a plan amendment for PLUS
review. As stated earlier, the plan amendment became this Plan Update.
On June 11, 2018, the Town Council held a public hearing on a draft of this Plan Update. At its
regular meeting following the hearing, the Town Council authorized submission of this Plan
Update for PLUS review.
On November 12, 2018, the Town Council received the recommendation from the Planning and
Zoning Committee and authorized submission of a revised Plan Update in response to the PLUS
review of July 25, 2018.
On December 10, 2018, the Town Council held a final public hearing on this Plan Update at
which no comments were received. Also, on December 10, 2018, an ordinance to adopt this
Plan Update was read for the first time at the Town Council's regular meeting.
On January 14, 2019, the ordinance to adopt this Plan Update was read for the second time.
Following the second reading, the Town Council adopted this Plan Update.
On February 19, 2019, Governor John Carney certified this Plan Update.
8
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
INTENTIONALLY BLANK
Town of Clayton 2018 Comprehensive Plan Update
9
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 3.
Location, History, Community Character
Location
Figure 1 depicts Clayton's regional location in central Delaware. It is strategically situated along
the State Route (SR) 1 and U.S. Route 13 corridors about 65 miles south of Philadelphia and 90
miles east of Washington, D.C. Within Delaware, it is 40 miles south of Wilmington and about
15 miles north of Dover, Delaware's capital city. Routes 1 and 13 connect the Clayton area to
the I-95 corridor. State Routes 6 (which becomes Maryland Route 291) and 300 link Clayton to
the U.S. Routes 301/50 corridor that connects the area to the western shore of Maryland and
into the Washington, Maryland, and Virginia region.
Figure 1. Regional Location Map
10
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Map 1 provides an aerial view of the Clayton vicinity. As the map shows, most of Clayton is in
Kent County, but approximately 127 acres are in New Castle County. The town is situated about
two miles west of the intersection of U.S. Route 13 and SR 6. Clayton's eastern boundary
adjoins the western boundary of the Town of Smyrna. The areas to the west and south of
Clayton's corporate limits are mostly a mix of farms, large-lot subdivisions, and a food-
processing plant.
Town History
The Town of Clayton owes its existence to the shipping industry. Clayton developed as a
railroad town during the 1850s when train tracks were extended through the Delmarva
Peninsula. The railroad line had been planned to go through the adjacent Town of Smyrna, but
Smyrna's shipping-industry officials and its residents, fearing the fire hazard and the noise of
steam engines, persuaded the railroad company to locate its station two miles west of
downtown Smyrna.
A small settlement, known as Smyrna Station, developed around the railroad station. Richard
Tibbot, who owned much of the land surrounding the station, sold lots to railroad officials.
However, his claim to these parcels was challenged after his death, and subsequent problems
with land titles impeded Smyrna Station's growth for several years.
Despite the problems with Mr. Tibbot's land titles, the village of Smyrna Station established
itself as an important railroad community due to its location at the crossroads of the north-
south line and a branch line running west to Oxford, Maryland. By 1860, the village had a hotel,
a store, and a post office. The 1870 United States Census listed Clayton's population at 114. In
the early 1880s, formal education was established. In 1887, the State Legislature authorized the
incorporation of Clayton as a municipality, and the town's first election was held in the same
year.
The first reference to the name "Clayton" appeared in honor of John M. Clayton, a prominent
Delaware attorney and public official. Clayton, an early supporter of the railroad, was elected to
the Delaware House of Representatives in 1823 and later served as Governor Samuel Paynter's
Secretary of State. He won three, non-consecutive terms in the United States Senate between
1829 and 1853 and was Secretary of State under President Zachary Taylor from 1949 to 1951.
During the first half of the twentieth century, Clayton's development paralleled the cyclical ups
and downs of the railroad. In 1907 a second set of tracks was laid, and the increased movement
of goods by rail during World War I brought prosperity to the town. By this time, a fire company
had been organized, a two-story, four-room school had been built, and the Clayton Bank and
Trust Company had been established.
Town of Clayton 2018 Comprehensive Plan Update
11
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Clayton Fire Company, undated photo from the Delaware Public Archives, posted on Town website,
www.clayton.delaware.gov
Between 1950 and 1960 Clayton headed in a new direction. The railroad, which had driven
Clayton's economic engine for its first 100 years, had stopped dead in its tracks. Clayton's
economic prosperity now hinged on the growing economy of Kent County. New job
opportunities materialized in the Clayton area to replace the jobs once provided by the railroad.
The W.L. Wheatley Company's food-processing plant expanded its operations, and the Leeds
Travelwear Company located a plant in Clayton at the southeast corner of North Bassett Street
and Duck Creek Parkway.
More recently, Hanover Foods took over the W.L. Wheatley Company facilities in 1991. The
property, on which the Leeds Plant was located, is now the Clayton-Smyrna Industrial Park.
12
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Undated photo from the Delaware Public Archives posted on Town website, www.clayton.delaware.gov
Community Character
Description
The major attraction of Clayton today is its pleasant, small-town atmosphere. Most of the
homes in the oldest parts of town are attractive and in good repair. Annexation of a number of
properties in the western part of the town between 2003 and 2005 has enabled Clayton to
diversify its housing stock, thereby providing opportunities for young families to settle, and
remain, in town. Yet, at the same time, infill development has taken, and is taking, place east of
the railroad between State Route (SR) 6 and SR 300 in areas ignored during the development
boom of the early 2000s.
Clayton has a true town center along Main Street (SR 6) extending from the Norfolk Southern
rail line west to School Lane. Main Street's commercial area supports a variety of small, retail,
and service enterprises and has been undergoing a revitalization since 2012. To support this
revitalization, the Town Council established an Economic Development Committee in 2015; this
committee is charged with ensuring that Clayton has a thriving business community. The Main
Street area is walkable, with sidewalks on both sides of the street. It is also the civic center of
the town. An elementary school, the town hall, the post office, the fire company, and a senior
center are located in the area.
Town of Clayton 2018 Comprehensive Plan Update
13
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
In addition to the town center businesses, there are several small contracting and
manufacturing establishments. These are concentrated on the east side of the Norfolk Southern
rail line along Bassett Street. Also located on Bassett Street opposite the rail line is the Smyrna-
Clayton Industrial Park.
Most of Clayton's working residents are employed outside of the town. The railroad, which
spawned the town, continues to exert a major influence because of the size and location of its
substantial land holdings.
Position
Clayton's position on community character is maintenance of a small-town atmosphere.
Responses to the questionnaire in Appendix A support this position. Most of the respondents
expressing what they like about Clayton identified its small-town living, walkability, and
peaceful environment. They went on to indicate a preference for Clayton remaining "pretty
much as it is."
When asked what changes might be warranted in town, some respondents wanted more shops
and stores. The types of desired businesses included a corner store selling milk and bread and a
deli.
Regarding growth, there was one response supporting growth, but most advocated for no
growth, and one respondent was not sure about growth.
Clayton intends to maintain the small-town environment that it has enjoyed since its founding.
The goals and recommendations for consideration in this plan show how the Clayton
community intends to maintain a small-town environment while managing the challenges of
development pressures and providing services and infrastructure.
14
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
INTENTIONALLY BLANK
Town of Clayton 2018 Comprehensive Plan Update
15
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 4.
Planning Environment
Clayton's planning environment consists of more than its own plans and policies. This chapter
summarizes plans and policies of the state of Delaware, New Castle County, Kent County, and
the Town of Smyrna. Together with Clayton's planning issues, state, county, and other relevant
municipal plans form the backdrop for Clayton's 2018 Comprehensive Plan Update.
State of Delaware
For more than 40 years, the State of Delaware has wrestled with growth management and the
wise investment of state funds. Beginning with the State Planning Council in 1959, state officials
have pursued a variety of strategies to channel development to existing communities, preserve
farmland, provide employment opportunities, and maintain a high quality of life.
State Strategies
In 1999, the Cabinet Committee on State Planning Issues adopted the Strategies for State
Policies and Spending, outlining needs and concerns for future state planning and growth, and
identifying geographic areas where the state was most prepared for growth. This document
was updated in 2004, 2010, and 2015.
The State Strategies are important because municipal and county comprehensive plans must
consider them in the development of future land use within their boundaries and, for
municipalities, the identification of annexation areas. The State Strategies document classifies
the entire state into four investment levels based on the predominant type of development.
These levels form the basis for identifying locations where state-supported growth should occur
and establishes guidelines for state investment in those areas. The state is most prepared for
growth to occur in Levels 1 and 2 and plans to channel intensive investments, such as new
schools, roads, state service centers, and public-safety facilities, in these areas. In Level 3 areas,
development, and therefore state investment, is not anticipated in the immediate future. These
areas are adjacent to, and sometimes within, built-up areas in Levels 1 or 2. In Level 4 areas,
state investment will be made only when necessary to preserve the rural character of these
lands.
Out-of-Play Areas are not available for development or for redevelopment. In these areas, the
state intends to expend funds primarily on land maintenance and management and
environmental protection and mitigation, with some development of public facilities that
further health, safety, and welfare goals. Other out-of-play areas include protected lands under
the New Castle County Unified Development Code (UDC) and floodplains in Kent County.
As Map 2 shows, Clayton's corporate limits are mostly within Investment Levels 1, 2, and 3.
Level 1 areas reflect the town boundaries as of the late 1990s. Levels 2 and 3 are areas annexed
into Clayton between 1999 and 2005. Most of these areas are nearly built out, under
16
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
development, or the subject of development plans. Approximately 240 acres, located in the
southwestern part of Clayton between Underwoods Corner Road and Wheatleys Pond Road (SR
300), are in Level 4. Out-of-play areas include floodplains protected by both New Castle and
Kent Counties.
Agricultural Preservation Areas
Map 2 also depicts land in Delaware's Farmland Preservation Program. Authorized by the
Delaware Agricultural Lands Preservation Act of 1991 (House Bill 200), the program aims to
strike a balance between two important goals:
1. Preserving a critical mass of crop land, forest land, and open space to sustain Delaware's
quality of life.
2. Providing landowners an opportunity to preserve their land in the face of increasing
development pressures and decreasing commodity values.
Delaware's farmland preservation program is a voluntary program that authorizes the creation
of preservation districts and easements.
- Agricultural Preservation District--In order to be considered for designation as an
Agricultural District, a property must consist of at least 200 contiguous acres of
agricultural or forest land. Areas of lesser acreage may qualify if adjacent to or within a
three-mile radius of an existing district. Once designated as a district, the property must
be used for agriculture or forest land for ten years. At the end of ten years, a property
owner may continue to participate in the district program for five-year increments.
- Agricultural Easement--Delaware's farmland preservation program provides for
purchase of the development rights of agricultural or forest lands. While enrolled in the
Agricultural Preservation District program, a landowner may sell the right to develop
their farm to the state of Delaware. Once the land's development rights have been sold,
a farmland preservation easement becomes a permanent part of the property deed of
record, thus preserving the property as farmland forever.
No Agricultural Preservation Districts or Easements are within Clayton's corporate limits, and
none are proposed for annexation. However, a number of parcels in farmland preservation are
located west of the town in both New Castle and Kent counties.
There are no forest conservation easements in the Clayton vicinity.
New Castle County
New Castle County's plans and policies are important because there is one property in Clayton's
corporate limits that extends north of Providence Creek into the county. In addition, the
Clayton community supports maintaining the existing rural character of the area north of
Providence Creek, which forms the boundary between New Castle and Kent Counties.
Town of Clayton 2018 Comprehensive Plan Update
17
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Ensuring the rural character of southern New Castle County, which includes the area north of
Providence Creek between the Middletown-Odessa-Townsend area and the Clayton-Smyrna
area, is a cornerstone of the county's land-use program. Since 1997, New Castle County
comprehensive plans have advocated directing development and redevelopment to the
northern parts of the county and to the Middleton-Odessa-Townsend vicinity. Consistent with
the Level 4 classification in the State Strategies, the county plan designates the area north of
Providence Creek for "Resource and Rural Preservation" with a "Very Low" density of no more
than "0 to 1 Dwelling Units Per Acre." This means that the area is not planned for "significant
infrastructure investment" because it is not financially feasible to provide the high level of
services expected in an urban or a suburban environment, particularly sewer service. The plan
also designates the area as a TDR (transfer of development rights) sending area. A TDR program
allows property owners to sell and transfer their development rights to properties (receiving
areas) in locations earmarked for urban services.
Kent County
Kent County's plans and policies are important for Clayton's planning efforts because, except
for the New Castle County portion of the St. Joseph's property, Clayton's corporate limits are in
the county. In addition, Clayton receives a number of services from the county, particularly
sewer service. Finally, the most likely properties for annexation into Clayton are located in Kent
County west and southwest of Clayton's current boundaries along Millington Road (SR 6) and
Wheatleys Pond Road (SR 300) to Alley Corner Road (SR 15).
Like New Castle County, Kent County's land use actions have underscored a commitment to
agricultural preservation and growth management. Responding to the 1995 Cabinet Committee
on State Planning Issues Report, the Levy Court enacted a 1996 ordinance establishing a Growth
Zone Overlay aimed at strengthening the county's ability to conserve farmland and direct
growth to areas where infrastructure was either in place or planned. This ordinance continues
as the foundation of the county's development strategy guiding decisions on where
investments in public infrastructure and services should be made.
With regard to unincorporated areas surrounding towns like Clayton, the draft 2018 Kent
County Comprehensive Plan proposes the following:
Medium to high densities would be considered appropriate for properties
near cities and towns provided the development density and design are
in keeping with the character of the surrounding area. [Emphasis added]
The approach in these [town] areas is to recognize and protect the
essential land use and aesthetic character of the cities and towns and the
values they foster.
18
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Town of Smyrna
Smyrna's plans and policies are important for Clayton because most of Clayton's eastern
boundary adjoins Smyrna's western boundary. In addition, both Smyrna's and Clayton's
boundaries create enclaves around a number of parcels in Kent County. Further, the boundary
line between the two towns bisects the Town and Country Subdivision (formerly the Johnson
Farm), located between SR 6 and Duck Creek Parkway, adjacent to Smyrna High School. Finally,
Smyrna has experienced and will continue to experience growth as the Town implements the
annexation strategy adopted in the 2002 Plan. Some of this growth has affected Clayton's land-
use decisions, particularly in the Smyrna Industrial Park and the health-care facilities located at
the intersection of SR 300 and Carter Road.
The growth annexation element of Smyrna's plan updates and amendments through 2012
identifies the railroad south of Wheatleys Pond Road (SR 300) as the town's western boundary.
It also recommends that annexation petitions from properties between the boundaries of
Clayton and Smyrna--the Spruance City and SR 300 area--be evaluated on a case-by-case basis
and in consultation with each other. Accordingly, the Smyrna plan's growth-area map depicts
Smyrna's ultimate boundaries as co-terminus with the areas proposed for annexation in this
Plan Update. If Clayton and Smyrna are able to annex the areas depicted in their current
comprehensive plans, the Kent County enclave between the two municipalities will be
eliminated.
Town of Clayton
This section chronicles Clayton's comprehensive planning history. It also describes the
environment in which planning and land-use regulation are conducted in the town.
Planning History
1978 Comprehensive Plan
Clayton adopted its first comprehensive plan in 1978. The most significant outcomes of that
plan were the adoption of the town's first zoning map, zoning ordinance, and subdivision
regulations in 1979. Over the following 20 years, the Town annexed the Wheatleys Pond and
Longwood Lane communities and a small parcel on the north side of SR 300 across from the
Smyrna Industrial Park.
1996 Comprehensive Plan
In 1996, Clayton became one of the first Delaware municipalities to adopt a new
comprehensive plan in response to the Shaping Delaware's Future initiative. The 1996 plan
recommended annexation of the Hanover Home Farm and the St. Joseph's Industrial School
property. The owners of the Hanover Home Farm have not requested annexation, and the
property remains undeveloped. The Clayton Town Council annexed the St. Joseph property in
Town of Clayton 2018 Comprehensive Plan Update
19
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
1998. This annexation is significant because the St. Joseph holdings extend into New Castle
County.
The 1996 plan also recommended that the 1979 zoning and subdivision ordinances be updated.
In 1998, the Town Council adopted a completely revamped zoning ordinance. A year later the
Council adopted updated subdivision regulations. In 2000, the town was comprehensively
rezoned to implement the land uses recommended in the 1996 plan.
2002 Plan Update
Following guidelines from the Office of State Planning Coordination, the Town updated its plan
in 2002. Consistent with the 1996 plan, the 2002 plan update recommended annexation of the
Hanover Home Farm. It also recommended annexation of several properties west of Clayton,
including the 84-acre Davis Farm (Huntington Mills), the 182-acre Lester Farm (Providence
Crossing), 15 single-family homes opposite the Wheatleys Pond subdivision, and the 2.4-acre
Lebanon Corporation property (once operated as a fertilizer plant) located at the southeast
corner of Wheatleys Pond Road and the railroad. To the east of Clayton, the plan update
recommended the annexation of the Dennison Area located on the north side of Duck Creek
Parkway east of the Clayton Courts Mobile Home Park and 15 properties near the intersection
of SR 6 and 300.
2003 and 2004 Plan Amendments
Between 2003 and 2004, two amendments were made to the land-use map adopted in 2002.
The first, adopted on July 14, 2003, changed the land use for two parcels located at the
northwest corner of South Bassett Street and Wheatleys Pond Road from industrial to
commercial. The second amendment, adopted March 8, 2004, changed land uses on two
properties. The land use for the 3.75-acre Southern States property, located on the east side of
School Lane between Clayton Elementary and the railroad spur, was changed from residential
to industrial to allow the construction of a state priority economic-development project. The
4.7-acre Stoney Knoll Farm (Grain Mill Station), located on the north side of Main Street, was
changed from part-residential and part-industrial land uses to residential to resolve an
inconsistency between the land use and zoning maps and assign a single land use classification
to the entire parcel.
Two annexations, proposed in the 2002 plan update, occurred during this time period. In 2003,
the Town annexed the 84-acre Davis Farm (Huntington Mills). In 2004, the 182-acre Lester Farm
(Providence Crossing) became part of Clayton.
2005 Plan Amendment
In 2005, the Town amended its comprehensive plan once again. This plan amendment
consolidated the provisions of the 2002 update, the 2003 amendment, and the 2004
amendment into a single document. It also updated information on population, transportation,
housing, employment, the environment, municipal services, and land use. In addition, a
significant number of developed and undeveloped properties, covering about 340 acres in the
20
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
area between Underwoods Corner Road and Wheatleys Pond Road (SR 300), were added to
Clayton's annexation area. The largest of these was the 163-acre Diemeke Farm (Old Country
Farm), slated for 412 single-unit-detached homes at a density of about three dwellings per acre.
As part of the development-review process for this parcel, 25 acres were dedicated for the
Clayton Intermediate School, and two acres were set aside for a water-storage facility. The
second largest parcel recommended for annexation was the 76-acre Green Gable Farm for
which annexation has not been requested. The developed properties included the Pheasant
Pointe and Byler subdivisions, located on the south side of Underwoods Corner Road near its
intersection with Wheatleys Pond Road.
2008 Plan Update
The 2008 Plan update, adopted December 8, 2008 and certified by the Governor on January 7,
2009, continued many of the goals and objectives of Clayton's prior plans. A significant aspect
of this plan update was an addition to the annexation area of the 175-acre Wright Farm that
would extend Clayton's town limits further into New Castle County. Annexation and
development of the Wright Farm would be permitted in return for permanent preservation of
the nearby Peoples Farm, but the Peoples Farm was not proposed for annexation. A petition for
annexation of the Wright Farm was never filed, and in 2013 the farm entered the state
agricultural preservation program.
Planning and Development Management
Clayton has an active Planning and Zoning Committee. The Committee consists of five
members, with the chairperson elected from among them each year. In accordance with state
law, the Committee prepares the comprehensive plan. It also makes recommendations to the
Town Council on nearly all development-related matters.
The Town exercises authority over planning, zoning, and subdivision within its boundaries. The
town foreman supervises the day-to-day administration of development-related codes and
regulations. He/she administers the zoning and subdivision ordinances and often provides staff
expertise to the Town Council, Planning and Zoning Committee, and Board of Adjustment.
In 2002, Clayton assumed responsibility for a number of development-management functions
from Kent County. In 2004, local-service functions (inspections, regulations, and permits) were
transferred from Kent County to the Town. Initially, town staff performed the local-service
functions; but, since 2006, the Town has contracted with a private firm for code enforcement,
building-plan review, and inspections.
Town of Clayton 2018 Comprehensive Plan Update
21
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 5.
Demographic and Economic Profile
Demographic Profile
Population
This section charts Clayton's population trend from 1940 to 2010 and estimates population
growth through 2050.
Population Trend
Figure 2 shows Clayton's population trend from 1940 to 2010. Between 1940 and 2000
Clayton's population grew unevenly averaging about 6.4 percent per year. However, the first
decade of the twenty-first century saw Clayton's population skyrocket by nearly 130 percent.
Figure 2. Clayton Population Trend 1940-2010
Source: U.S. Census Bureau, decennial censuses 1940-2010.
Population Projection
Population projections for small towns like Clayton are difficult, because data inaccuracies
and/or the assumptions used for forecasts can result in large errors, or results that simply do
not make common sense. As Figure 2 demonstrates, Clayton's uneven population trend
provides little basis for a reasonable estimate of future population. For example, if Clayton's
population were to grow at an average of 6.4 percent per year as it did between 1940 and
2000, the town would reach 10,000 by 2030 and 37,000 by 2050.
Figure 3 presents two sets of population growth estimates in ten-year increments from 2020 to
2050. These projections were calculated in two ways.
890
928
1,028
1,015
1,215
1,163
1,273
2,918
1940
1950
1960
1970
1980
1990
2000
2010
22
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 3. Clayton Population Projections, 2020-2050
Source: DPC projections from Delaware Population Consortium, Annual Population Projections, Dover, DE,
October 26, 2017, p. B-1; projections of one- and two-percent per year growth computed by IPA.
Delaware Population Consortium
The dark blue lines in Figure 3 are projections made by the Delaware Population Consortium
(DPC). The consortium is an informal, cooperative organization that includes state, county, and
local governments. Since 1975, DPC has published population and household projections for
the state of Delaware; New Castle, Kent and Sussex Counties; and Dover, Newark, and
Wilmington. In 2017, the consortium calculated population projections for every Delaware
municipality (www.stateplanning.delaware.gov/information/dpc/DPC2017v0.pdf).
As Figure 3, shows, DPC calculated two population estimates. The basic difference between the
two estimates is that one starts with the Census 2010 population and the other starts with the
3,325
3,634
3,881
4,073
3,412
3,734
3,991
4,191
3,223
3,596
3,972
4,388
3,557
4,423
5,391
6,572
2020
2030
2040
2050
DPC from 2015 ACS 5-Year
DPC from 2010 Census
1% Per Year
2% Per Year
Town of Clayton 2018 Comprehensive Plan Update
23
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
American Community Survey. The projection titled "DPC from 2010 Census" is based on "the
compound annual growth rates of population using as a base the 2010 Decennial Census
population for each municipality, which then are applied over the period 2015-2050." Similarly,
the "DPC from 2015 ACS 5-Year" projection begins with "the most recent 2015 ACS
(American Community Survey) population estimates to compute compound annual growth
rates, which then are applied over the period 2020-2050."
Annual Growth Assumption
The light blue lines in Figure 3, assume even annual growth rates between 2020 and 2050. The
"1% Per Year" estimate projects population growth at one percent per year, about ten percent
every ten years. The projection "2% Per Year" estimate anticipates two percent annual growth,
about 20 percent every ten years.
Racial Composition
Clayton's racial composition is shown in Table 2. As the table indicates, 97 percent of Clayton's
total population identify themselves as belonging to one race. Of those indicating a single race,
nearly 70 percent are white, almost 25 percent are black/African American, and three percent
are other than white or black/African American.
Table 2.
Clayton Racial Composition
One Race
White
69.6%
Black/African American
24.6%
Other than Black/African American
(Includes American Indian and Alaska Native, Asian, Native
Hawaiian and Other Pacific Islander, and all other races)
3.1%
Total One Race
97.3%
Two or More Races
3.1%
Total
100.0%
Source: American Community Survey 5-Year Estimates 2010-2014, Selected Social Characteristics, Table DP01.
Age Profile
Figure 4 presents Clayton's age profile. Simply put, Clayton has become younger. The median
age dropped from 36.7 in 1990 to 32.2 in 2010. The percentage of seniors decreased while the
proportion of young and working age people increased. This is likely the result of the continuing
buildout of the annexations that took place between 2003 and 2005.
24
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 4. Clayton Age Profile
Source: U.S. Census 1990, 2000 & 2010.
Educational Attainment
Table 3 summarizes educational attainment for Clayton, Kent County, and Delaware. Eighty-six
percent of Clayton and Kent County residents have graduated from high school. By comparison,
88 percent of Delawareans reported having received high school diplomas. Twenty-two percent
of Clayton and Kent County residents hold a bachelor's degree, while 30 percent of the state's
population had completed college.
Table 3.
Educational Attainment, Clayton, Kent County, and Delaware
for Population 25 Years and Older
High School Graduate or Higher
Bachelor's Degree or Higher
Clayton
86.4%
22.3%
Kent County
86.4%
22.5%
Delaware
88.4%
30.0%
Source: U.S. Census Bureau. American Community Survey 5-Year Estimates 2011-2015, Selected Social
Characteristics, Table DP02.
Economic Profile
Income and Poverty
Table 4 presents a comparison of income levels and income sources for Clayton, Kent County,
and Delaware. It shows that Clayton's median household and family income levels are higher
than that of the county and the state. Clayton also has proportionally fewer households with
retirement and/or social-security income than Kent County and Delaware. However, Clayton's
proportion of families living below the poverty line is substantially higher than that of Kent
County and Delaware families.
23.0%
27.2%
32.6%
60.0%
55.9%
60.3%
17.0%
16.9%
7.1%
1990
2000
2010
65 & Older
18-64
Under 18
Median Age
36.7
35.8
32.2
Town of Clayton 2018 Comprehensive Plan Update
25
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 4.
Household Income, Clayton, Kent County and Delaware
Clayton
Kent County
Delaware
Median household income
$65,612
$54,976
$60,509
Households with earnings
85.8%
77.1%
77.3%
Households with social-security income
25.5%
33.8%
33.0%
Households with retirement income
17.1%
26.1%
23.6%
Median family income
$67,340
$64,252
$72,993
Families with income below poverty line in
past 12 months
13.0%
9.9%
8.2%
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Economic
Characteristics, Table DP03.
Employment and Unemployment
Figure 5 portrays the employment status for Clayton, Kent County, and Delaware. The
percentage of unemployed persons is fairly low in all three jurisdictions, which would generally
indicate that those looking for work are able to find it. At first glance, Clayton's employment
profile indicating that nearly 30 percent are not in the labor force (i.e., those able, available,
and seeking work) seems inconsistent with the image in Figure 4 of a "younger" Clayton.
However, considering that almost one-third of Clayton residents are under age 18 and are not
likely to have entered the labor force, the employment profile in Figure 5 begins to make sense.
Both Kent County and Delaware have higher percentages of residents that are not in the labor
force than Clayton. In addition, the percentage of employed persons is lower in both
jurisdictions than in Clayton.
Figure 5. Employment Status, Clayton, Kent County, Delaware
Source: U.S. Census Bureau, 2010-2014 American Community Survey 5-Year Estimates, Selected Economic
Characteristics, Table DP03.
64.0%
58.3%
58.6%
6.5%
5.2%
4.9%
29.5%
36.5%
36.5%
Clayton
Kent County
Delaware
Not in Labor Force
Unemployed
Employed-Includes
Armed Forces
26
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Occupations
Figure 6 summarizes the types of work that residents of Clayton do--their occupations.
"Occupation" is not to be confused with "industry," which refers to a type of business. The
figure shows that nearly 75 percent of Clayton residents work in management, service, sales or
office jobs.
Figure 6. Occupations for Clayton Residents
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Economic
Characteristics, Table DP03.
Journey to Work
Figure 7 shows that Clayton residents are more likely to work outside of Delaware, in New
Castle County, or in Sussex County and that their average commuting time is almost 37
minutes.
Figure 7. Work Locations and Commuting
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Table S0802.
12.2%
14.3%
20.3%
20.4%
33.7%
Production,
transportation,
material moving
Natural resources,
construction,
maintenance
Sales and office
Service
Management,
business, science,
arts
0%
5%
10%
15%
20%
25%
30%
35%
40%
Clayton
7.8%
Kent County
35.3%
New Castle or
Sussex County
44.5%
Outside
Delaware
12.4%
Average Commute
= 36.7 Minutes
Town of Clayton 2018 Comprehensive Plan Update
27
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 6.
Natural Features
Description
This section describes sensitive natural features. It includes topography, geology, soils, streams,
water bodies, flood-hazard areas, and wetlands.
Geology and Soils
Clayton, as well as the rest of Kent County, is located within the Atlantic Coastal Plain
physiographic province. The Atlantic Coastal Plain consists of geological formations comprising
deep-lying crystalline rocks covered with layers of gravels, sands, and clays. The layers that
make up the Coastal Plain dip gently toward the Atlantic Ocean from northwest to southeast.
Figure 8 identifies soil classifications in the Clayton vicinity. The map also identifies parcels
participating in the state's farmland preservation program described in Chapter 4. Most of the
land being farmed, regardless of its inclusion in the farmland preservation program, is located
south and west of Clayton and north of Providence Creek in New Castle County.
Soils in the Clayton area include Sassafras, Reybold, Downer, and Pineyneck series soils. These
soils are highly productive, well drained, and generally not subject to flooding. Thus, they are
suitable for both development and agriculture.
The areas shown in white on the soils map are not suitable for agriculture. These areas are in
the urbanized parts of the Clayton vicinity, adjacent to streambeds, and/or in flood-hazard
areas.
Topography
Clayton's topography can be characterized as gently sloping. As Figure 9 indicates, elevations
range from a low point of 15 feet above sea level at the sewage-lift station, located on
Providence Creek near the railroad tracks, to a high point of 55 feet in the Old Country Farm
community located between Wheatleys Pond Road (SR 300) and Underwoods Corner Road.
Slopes within the town limits are generally five feet or less. There are few areas with slopes
greater than five feet near streambeds.
28
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 8. Clayton Vicinity Soils Classification
Town of Clayton 2018 Comprehensive Plan Update
29
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 9. Clayton Area Topography Map
30
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Water Resources
This section outlines Clayton's water resources. Map 3 shows their locations.
Surface Water
Surface water includes streams, rivers, lakes, and ponds. Clayton is located in the Smyrna River
drainage basin, which flows east to the Delaware Bay. Three tributaries of the Smyrna River
flow through Clayton. Providence Creek forms part of Clayton's northern corporate limits and is
the boundary between Kent and New Castle Counties. Greens Branch flows eastward from the
west corner of Clayton's corporate limits through Wheatleys Pond, which is used as a
stormwater-management facility for the adjacent Wheatleys Pond residential development.
Both Providence Creek and Greens Branch flow into Duck Creek before joining the Smyrna
River. A third stream, Mill Creek, which forms part of Clayton's southern border, flows
northeast through Smyrna and Lake Como and across U.S. Route 13 and SR 1 before joining the
Smyrna River.
Drinking Water
The source for Clayton's drinking water is groundwater. Groundwater is stored in aquifers.
Aquifers are layers of gravel and sand within which water is stored and moves underground.
Water is obtained by drilling wells into the underground aquifers. Water is then treated and
distributed to homes and businesses.
Floodplains and Flood-Hazard Areas
Map 3 displays the boundaries of the flood-hazard and wetland areas associated with the rivers
and streams in the Clayton vicinity. As the map shows, the most extensive flood-prone areas in
and around Clayton are along Providence Creek, which forms the border between Kent and
New Castle Counties. There are also flood-prone areas along the Paw Paw Branch, Greens
Branch, and Mill Creek.
Wetlands
Wetlands are important because they filter pollutants from water, mitigate flooding, and
provide habitats for wildlife and many plant species. Wetlands also offer a wide range of
recreational opportunities, including canoeing, fishing, and bird-watching. Through proper
water management, careful site selection for development projects, and identification of sites
for restoration, wetlands can be protected and managed.
As Map 3 indicates, nearly all of Clayton's wetlands are associated with streams and flood-
prone areas. There are no tidal wetlands within Clayton's boundaries.
Town of Clayton 2018 Comprehensive Plan Update
31
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Protecting Water Resources
This section outlines a number of methods aimed at protecting Clayton's water resources. It
also notes actions taken by the Town to safeguard these important natural resources
Total Maximum Daily Loads (TMDLs)
A total maximum daily load (TMDL) is the greatest amount of a pollutant that a water body can
absorb each day without violating water-quality standards⎯in other words, a pollution limit.
Examples of pollutants, which can harm surface-water bodies, include nitrogen and
phosphorus, bacteria, sediments, and heat. There are two sources of these pollutants: "point"
sources, such as sewage treatment plants; and, "nonpoint" sources, such as runoff from farms,
parking lots, and golf courses.
Section 303(d) of the federal Clean Water Act (CWA) requires states to develop a list of water
bodies for which current pollution-control activities are not sufficient to attain applicable
water-quality standards and to establish total maximum daily loads for pollutants of concern.
The first step in combating water pollution from point and nonpoint sources is to determine
acceptable pollution levels--the TMDLs. On December 1, 2006, Delaware Department of
Natural Resources and Environmental Control (DNREC) adopted regulations establishing the
TMDL for the pollutants in the Smyrna River watershed that are outlined in Table 5.
The second step is to develop a pollution-control strategy. DNREC's Watershed Assessment
staff works with Tributary Action Teams, comprising of residents of each watershed, the public,
and other stakeholders, to develop this strategy. Typical strategies considered by these teams
include the following:
- Eliminating point-source discharges
- Managing fertilizer and manure applications
- Replacing failing septic systems with environmentally-safer sewage-disposal systems
- Employing protective agricultural practices such as planting vegetative-buffer strips
between cropland and waterways
- Higher treatment levels for residential stormwater runoff
32
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 5.
Smyrna River Watershed TMDLs
Pollutant
Waste Load Allocation
for Point Sources
Waste Load Allocation
for Nonpoint Sources
TMDL
Reduction from
2002-2003
Baseline
Total Nitrogen
(pounds per day)
168.00
574.23
742.23
40%
Total Phosphorus
(pounds per day)
12.18
45.64
57.82
40%
Enterococcus
(number of colonies
per day)
7.66E+10
9.71E+10 1.74E+11
75%
Sources: TMDL and Reduction from Baseline Data from Delaware Administrative Code, Title 7, Section 7425,
adopted December 1, 2006. Point and Nonpoint data from DNREC, Smyrna River Proposed TMDLs, Page 6-
3, August 2006 at
www.dnrec.delaware.gov/swc/wa/Documents/TMDL_TechnicalAnalysisDocuments/6_SmyrnaTMDLAnaly
sis.pdf. Verified as current on May 2, 2017.
A Tributary Action Team for the Smyrna River watershed has not yet been established. In the
meantime, Clayton might consider reviewing its development-review practices and investigate
ways to mitigate nutrient and bacteria levels by controlling stormwater runoff, protecting
riparian areas, wetlands, and floodplains, and requiring buffers around aquatic resources and
plantings.
Source-Water Protection
The quality of water beneath the surface is as significant as the quality of water in rivers, lakes,
and ponds. Accordingly, it is important for Clayton to protect the areas around the wells that
pump water from the ground and the aquifer from which water is drawn. Source-water-
protection areas include wellhead-protection areas and excellent-ground-water-recharge-
potential areas. In 2015, Clayton added standards to the zoning ordinance to safeguard source-
water-protection areas. The Utilities chapter of this Plan Update provides additional detail on
this legislation.
Floodplain Management
Protecting flood-prone areas is important, not only as an integral component of a
comprehensive environmental-protection program, but also for continued participation in the
National Flood Insurance Program. On May 5, 2014, Clayton repealed the 1998 Floodplain Area
Ordinance and adopted a floodplain management ordinance that is consistent with current
federal and state regulations.
Town of Clayton 2018 Comprehensive Plan Update
33
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Wetlands
Section 404 of the federal Clean Water Act regulates tidal wetlands protection. The Act governs
(and usually prohibits) construction and filling activities in areas containing wetlands or
wetland-associated hydric soils. Verification of wetland presence is provided by a United States
Army Corps of Engineers (USACE)-approved wetlands delineation. Tidal wetlands are provided
additional and more stringent regulatory protection than non-tidal wetlands under Title 7,
Chapter 66 of the Delaware Code and provisions of the state's Tidal Wetlands Regulations. The
Wetlands Section of DNREC's Division of Water Resources administers Delaware's wetlands-
protection programs.
Clayton follows state regulations regarding development near wetlands.
Goal and Recommendations for Consideration
Goal
Pollution-free rivers and streams.
Recommendations for Consideration
- Continue requiring annexed properties to connect to Clayton's water and sewer system.
- Participate in other organized efforts aimed at curbing water pollution, such as a
Tributary Action Team.
- Monitor changes in state regulations and best-management practices.
- Update land-use and building standards to protect environmental resources.
- Review standards for protecting wetlands in zoning and subdivision ordinances; update
ordinances as needed.
34
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
INTENTIONALLY BLANK
Town of Clayton 2018 Comprehensive Plan Update
35
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 7.
Historic Resources
Description
Figure 10 shows the locations of Clayton's historic resources. There are three sites and one
district that have been recognized for their historical significance to Delaware and the United
States by their inclusion on the National Register of Historic Places. Authorized under the
National Historic Preservation Act of 1966, the National Register is America's official list of
cultural resources that merit preservation. National-Register-listed properties number more
than 93,000 and can be districts, sites, buildings, structures, or objects recognized for their
importance in American history, architecture, archeology, engineering, or culture. The National
Register is administered by the National Park Service of the U.S. Department of the Interior.
National Register status is awarded following a rigorous evaluation of a resource's historic
criteria.
Figure 10. Clayton Historic Resources Map
36
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 6 provides additional information about each National Register property in Clayton.
Table 6.
Clayton National Register Sites
Date
Built
Date
Listed
Type of
Listing
Cultural
Resource
Survey
Number
Current Use
Byrd's AME Church
1894
1982
Site
K03872
Place of Worship
Clayton Railroad Station
1855
1986
Site
K00353
Retail
Saint Joseph's Industrial
School
1895
2002
Site and
District
K05054
Educational
Institution
Source: State Historic Preservation Office, Cultural and Historic Resource Information System (CHRIS), accessed
04/22/2016.
The Town of Clayton itself is also recognized for its historical significance as an early railroad
town. A historical marker at the northwest corner of Main and North Bassett Streets provides a
short history of Clayton's early settlement, incorporation, and railroad heyday. The state
program, which locates markers at historically significant places, is directed by the Delaware
Public Archives.
Clayton Historic Marker
Town of Clayton 2018 Comprehensive Plan Update
37
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
The Clayton Railroad Station is important to the town's railroad heritage, even though trains no
longer stop at the station. In the years following its cessation as a rail station, the building has
been in private ownership and used for small-scale commercial enterprises. To ensure that the
station is maintained as a historic property, the Town holds a right of first refusal to purchase
the railroad station should current owners decide to sell the property.
Clayton Train Station, photo by Linda Raab
Another historic resource is the Harriet Tubman
Underground Railroad Byway. As shown on Figure 10, the
byway passes through Clayton along Main Street. It has
intrinsic historic value because it highlights Delaware
features of the Underground Railroad in the pre-Civil War era.
The Underground Railroad served as a method and trail for
African Americans escaping southern persecution and
enslavement to northern states. Even though Delaware's
legal and socio-economic foundations supported slavery as
did its southern, slave-holding neighborhood states, its
close proximity to free northern states made it an
important corridor for slaves seeking freedom.
38
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Goal and Recommendations for Consideration
Goal
Preserve historic heritage.
Recommendations for Consideration
- Keep right of first refusal to purchase Clayton Railroad Station.
- Direct interested property owners to information and resources that can assist them in
learning about, and preserving the historic characteristics, of their properties.
Town of Clayton 2018 Comprehensive Plan Update
39
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 8.
Economic and Community Development
This chapter focuses on the businesses in Clayton. It also discusses the formation and work of
the Town's Economic Development Committee.
Agri-Businesses
The first component of Clayton's business community includes the following establishments
that support the agriculture areas located south and west of Clayton.
- Atlantic Tractor--Atlantic Tractor is the largest retail operation in Clayton employing
between 20 and 50 people. Its retail store is located at East Street and Railroad Avenue.
The company also maintains a machine shop on Wilson Avenue and a storage facility on
Smyrna Avenue.
- Southern States--Southern States is a farmer-owned cooperative that purchases,
manufactures, and processes feed, seed, fertilizer, farm supplies, and fuel. Its retail
store is located on School Lane, and storage facilities are on South Bassett Street.
Approximately 15 people work at Southern States.
- Hanover Foods--Hanover Foods' processing plant, located on the north side of SR 6
adjacent to the western border of Clayton, employs between 200 and 300 people. Its
products include canned, freeze-dried, and frozen fruits and vegetables.
North Bassett Street Light-Industrial Area
A small group of light-industrial employers is located at the intersection of North Bassett Street
and Duck Creek Parkway. The largest industrial area on North Bassett Street is the Clayton-
Smyrna Industrial Park on the southeast corner of North Bassett Street and Duck Creek
Parkway. The park's primary tenant is the Eagle Group (Metal Masters), which manufactures
food-service equipment and wire shelving. Other employers in this industrial park area are
Brothers Electrical Contracting and Schwann's Home Services. On the northwest corner of
North Bassett Street and Duck Creek Parkway are two additional establishments, Halko
Manufacturing and E-Z Manufacturing.
South Bassett Street Business Area
Another business area is located on South Bassett Street between Main Street and Wheatleys
Pond Road. On the east side of South Bassett, there are commercial service establishments,
homes, and light-industrial businesses. On the west side of South Bassett Street at its
intersection with Wheatleys Pond Road, there is a propane gas storage area and a DEMEC
(Delaware Municipal Electric Coop) transformer.
The mix of residential, commercial service, and light-industrial uses in this area indicates that it
is in transition from residential to non-residential. Many businesses are in buildings that once
40
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
were homes; they tend to be small and thus relatively compatible with one another in scale and
appearance. Realizing that the market will determine pace, the transition of this area from
residential to non-residential must be managed in a way that protects homeowners while
encouraging new, compatible business to locate in the area and existing business to remain and
expand.
Wheatleys Pond Commercial Area
A small commercial area is located on north side of Wheatleys Pond Road between Bassett
Street and the town boundary. The current businesses in this area include offices, a deck-
construction company, and a daycare center.
Town Center
Clayton's oldest business area is in the historical town center situated on both sides of Main
Street between the railroad station and Clayton Avenue. Clayton's town center features many
small-town characteristics. Although the volume of through traffic on Main Street has
increased, this area is accessible, and on-street parking is available. There are sidewalks on both
sides of Main Street, enabling customers to park and walk conveniently to a number of stores.
Main Street retains a mix of residential and commercial uses in two- and three-story structures.
There are several government and community service activities in the center of town, including
the post office, the town government and police station, the volunteer fire department, and the
senior center. Most businesses are small, local, retail, and service enterprises.
1996-2014
Over the years, Clayton has worked toward showcasing its town center as a focal point for
shopping, socializing, and civic activities. The Town launched this effort by delineating town-
center boundaries in the 1996 comprehensive plan. Two years later, the Town Council
developed a new zoning district, the Town Center (TC) Zone, that permits a mix of uses and
flexible bulk (such as setbacks, building coverage, minimum parcels sizes) and parking
regulations. An area west of the railroad along Main Street was placed in the new TC Zone
when the Town Council comprehensively rezoned the town in 2000.
One portion of the town center that has undergone improvement is the area around the
intersection of Main Street and the railroad. In 1996, this area had little visual appeal and
functioned inefficiently. Figure 11 depicts the conditions and design issues found in this area
when the 1996 plan was adopted.
Town of Clayton 2018 Comprehensive Plan Update
41
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 11. Design Challenges, Clayton Town Center
Figure 12 identifies a number of improvements aimed at correcting the problems identified in
Figure 11. These improvements are based on the following objectives:
- Define edges and boundaries clearly.
- Improve pedestrian and bicycle safety.
- Create public spaces for community events.
- Improve parking areas with paving, signage, and landscaping.
- Provide direction and information to residents and visitors.
- Provide clear sense of place.
- Improve traffic movements and circulation.
- Provide multi-modal transportation opportunities.
- Improve the sense of connection and union between eastern and western sides of the
community that are not readily apparent now.
UNSIGHTLY, DOMINATE
AREA VISUALLY
NO SCREENING
POORLY DEFINED SPACE, MIX OF GRAVEL AND GRASS,
UNATTRACTIVE, NO SCREENING OF RAILROAD FACILITIES
POOR ALIGNMANE AND SIGHT DISTANCE,
UNUSED AREA OF PAVEMENT
POORLY DEFINED PARKING,
NO EDGES OR SIDEWALKS
OVERLY WIDE INTERSECTION,
PEDESTRIAN UNFRIENDLY,
NO MARKED CROSSING,
POORLY LOCATED STREET AND STOP SIGNS,
HISTORIC FOUNTAIN NOT WELL PROTECTED,
USER SAFETY AT RISK
NO CURB CUTS OR
MARKED CROSSWALKS
UNSIGHTLY DRAINAGE DITCH AND FENCE
PEDESTRIAN CROSSINGS/WALKWAYS
UNMARKED, SEPARATION FROM TRAFFIC
LACKING
OVERLY WIDE INTERSECTION, PEDESTRIAN
UNFRIENDLY EDGES UNCLEAR, POOR
ALIGNMENT W/ NORTH BASSETT
EXISTING FIRE HYDRANT VULNERABLE,
SIDEWALKS IN POOR CONDITION
PARKING LOT ENTRANCE, EDGES POORLY
DEFINED, TRAFFIC FLOW PROBLEMS
42
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 12 identifies a number of improvements
that have been accomplished. The recycling
igloos have been removed. The parking area on
the northwest corner of Main Street and the
railroad has been paved and striped. The town
purchased property at the southeast corner of
Main and Bassett to improve the alignment of
the two streets. Town Council installed new
street signs in the town center shown in the
photo opposite. Trails and pathways that are
proposed in this Plan Update are described in
Chapter 13 and shown on Map 6.
Figure 12. Design Accomplishments, Clayton
Town Center
2014-Present
In 2014, Clayton continued its efforts to strengthen the town center by applying for designation
as a Downtown Development District. A summary of Clayton's application can be found in
Appendix B.
COMPLETED
COMPLETED
NEW STREET SIGNS IN TOWN CENTER
INTERSECTION
REALIGNED
TRAIL/PATHWAY PROPOSED TO LINK
SMYRNA MIDDLE & HIGH SCHOOLS
TO TOWN CENTER
SCREEN OR RELOCATE
IGLOOS
DEFINE EDGES AND
PARKING, ADD SIDEWALK
RELOCATE SIGNS, ADD MARKED CROSS-
WALKS, ADD EXTENDED SAFETY AREA
AROUND FOUNTAIN, LANDSCAPE
ADD CURB CUTS AND MARK
(STRIPE) CROSSWALK
ADD DEFINITE ENTRANCE AND REPAIR/
REPLACE SIDEWALKS, MAKE PARKING
LOT TRAFFIC ONE-WAY
CREATE PUBLIC SPACE, REPLACE GRAVEL WITH
GRASS, LANDSCAPE, ADD SIDEWALKS, KIOSK,
BENCHES, COMMUNITY TREE
REDEFINE/REALIGN INTERSECTION,
ADD MARKED CROSSWALKS, RECLAIM
TRIANGLE IN FRONT OF PARK, BETTER
DEFINE EDGES NEAR TRAIN STATION, ADD
ROLL-OVER ISLANDS TO GUIDE TRAFFIC
"CLAYTON" SIGN
MARK (STRIPE) WALKWAYS ACROSS RAILROAD
ON BOTH SIDES AND AT ALL INTERSECTIONS
LANDSCAPE DRAINAGE DITCH
Street signs at Railroad Avenue and Main Street
Town of Clayton 2018 Comprehensive Plan Update
43
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 7 identifies and describes opportunities and accomplishments in and around Clayton's
town center. Since 2014, there has been renewed interest in Clayton's town center. Five
businesses have opened or re-opened since 2014. There is one significant renovation project
underway at the old Clayton firehouse.
Table 7.
Town Center Opportunities and Accomplishments
Map
Ref
Type
Location
Description/Status
1
Accomplishment East Street between
Railroad and
Clayton Avenues
Paving and sidewalk completed by Clayton
Fire Department
2
Accomplishment 8 Railroad Avenue
Rehabilitation underway for a mixed-use
project featuring commercial and
apartments within the old Clayton Firehouse
3
Accomplishment 404 Clayton Avenue
Property renovated for new business
4
Accomplishment 401 Main Street
New business
5
Accomplishment 400 Main Street
Re-opened business
6
Opportunity
310 Smyrna Avenue
Vacant, opportunity for mixed use or
housing
7
Opportunity
305 Main Street
and
50 Clayton Avenue
Downtown Development District Priority
Project proposed for retail on ground floor,
offices or housing on upper floor;
rehabilitation of small sections of building
complete; major construction not started
8
Opportunity
314 Main Street
Vacant, recently renovated, ready for new
business
9
Accomplishment 312 Main Street
New office
10
Opportunity
308 Main Street
Opportunity to rehabilitate vacant mixed-
use property; formerly commercial at street
level, apartments on upper floor
11
Opportunity
306 Main Street
Opportunity to rehabilitate vacant mixed-
use property with commercial at street
level, apartments on upper floor
12
Accomplishment 300 Main Street
Rehabilitation of existing building and
continuation of existing business
Figure 13 depicts the locations of the sites listed in Table 7. As the figure shows, these locations
are within or close to the retail component of Clayton's Downtown Development District. All
are in the Town Center (TC) Zone, which permits mixes of residential and commercial uses in a
single building and where developers are not subject to minimum lot sizes and setbacks,
maximum building coverages, and are not required to provide off-street parking spaces.
44
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 13. Town Center Opportunities and Accomplishments Location Map
Town of Clayton 2018 Comprehensive Plan Update
45
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Economic Development Committee
Clayton is committed to ensuring that the Town has a thriving business environment. The Town
Council underscored that commitment by forming an Economic Development Committee on
March 9, 2015. The Committee's members include two council members and three business
owners.
The following paragraphs identify projects that the Committee is pursuing and makes
suggestions for additional items to consider.
Visual Improvements
A visually pleasing area is important for residents, business owners, and patrons especially in
the town center. Projects being pursued or considered include:
- A town clock at the corner of Main and Bassett Streets;
- Containers and plantings at strategic locations in the town center; and
- Benches and street lights.
Business Portfolio
It is crucial that an inventory of available business sites be accessible to entrepreneurs or
agents. It is also important to give prospects reasons to come to Clayton. Ideas for
accomplishing these are:
- Compiling a portfolio of business opportunities that might include items such as
address, square footage, photographs, maps, tax information, data about utilities
(water, sewer, telecommunications, gas, and electric).
- Developing a brochure identifying advantages of having a business in Clayton that might
highlight Clayton's central location, town services, and availability of small spaces for
business that do not require substantial square footage or rely on pass-by traffic. One
approach might be to market Clayton as a place where a home-based business that has
outgrown its home might find a perfect small space for expansion and growth.
- Developing a presence on town website.
Incentives
It is no secret that the first few years of a new, relocating, or expanding business are the most
difficult with many fees, fit-up expenses, new taxes, and establishment of a customer base. One
way to ease start-up burdens might be to consider waiving, discounting, or phasing in local
payments such as permitting fees, connection charges, and property-tax increases.
46
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Regular Review of Regulations
Regulations frequently discourage prospects. It is important to review the impact of zoning,
subdivision, and other regulations and make recommendations for changes. The Planning and
Zoning Committee has already identified two zoning issues affecting properties in the Town
Center (TC) Zone. One is signage standards; the other is the requirement for site-plan review
even when a building is not proposed for expansion.
Goals and Recommendations for Consideration
Goals
- Business expansion.
- Business retention.
- Aesthetically pleasing town center.
Recommendations for Consideration
- Seek assistance from the newly created Delaware Division of Small Business to chart a
future for Clayton businesses, especially those in the town center.
- Develop partnership with private sector for street furniture, signs, and other visible
features to define a boundary for Clayton's downtown.
- Follow up on economic development activities discussed in the previous section.
- Work with the Planning and Zoning Committee to review the impact of zoning
regulations on business development, in particular sign standards.
- Work with the Planning and Zoning Committee to do a complete analysis of the Town
Center Zone, including review of permitted uses, conditions governing permitted uses,
and processing times.
- Maintain land-use regulations that help homeowners in South Bassett Street area to
maintain their homes until they are ready to be converted into non-residential uses.
- Continue to sponsor community events, such as Fourth of July celebrations and Railroad
Days.
- Maintain parking areas in the town center and design street patterns that minimize
vehicular speed.
Town of Clayton 2018 Comprehensive Plan Update
47
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 9.
Housing
Housing Profile
This section provides information on housing stock in the Clayton vicinity. Recognizing that the
search for housing is typically without regard to jurisdictional boundaries, this plan considers
Clayton, the Town of Smyrna, and Kent County as a housing market.
Households
Figure 14 depicts Clayton's trend in households from 1960 to 2010. Not surprisingly, the rise
and fall in the numbers of Clayton households reflects the population trends shown in Figure 2.
Figure 14. Clayton Household Trend, 1960-2010
Note:
A household includes all the people who occupy a housing unit. A housing unit is a house, an apartment, a
mobile home, a group of rooms, or a single room that is occupied (or if vacant, is intended for occupancy)
as separate living quarters (American Community Survey and Puerto Rico Community Survey 2015 Subject
Definitions).
Source: U.S. Census Bureau, decennial censuses, 1960-2010.
Figure 15 portrays household sizes for Clayton, Kent County, and Delaware in 1990, 2000, and
2010. The table shows that Clayton's average household size increased while Kent County's and
the state's decreased. It is likely that this increase is correlated with Clayton's age profile in
Figure 4 suggesting that Clayton has "gotten younger."
308
342
460
454
499
992
1960
1970
1980
1990
2000
2010
48
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 15. Household Size, Clayton, Kent County and Delaware 1990-2010
Source: U.S. Census Bureau, decennial censuses, 1990, 2000, 2010.
Housing Types
Figure 16 depicts the types of housing found in Clayton, Smyrna, and Kent County.
As Figure 16 indicates, when viewed as a whole, the housing stock in the Clayton-Smyrna
market provides substantial choice in all housing categories. Both Smyrna and Clayton have
about the same proportion of townhomes and single-family detached homes. Smyrna, with its
higher proportion of multi-family homes, balances Clayton's higher percentage of mobile and
manufactured homes.
When compared with Kent County, the Clayton-Smyrna area offers a wider variety of housing
choices. Though the proportion of single-family detached homes is greater in the Clayton-
Smyrna area than in Kent County, the proportions of semi-detached, townhomes, and multi-
family homes are higher than those of Kent County, but the county has a larger proportion of
mobile and manufactured homes.
2.50
2.70
2.61
2.55
2.61
2.54
2.94
2.62
2.55
Clayton
Kent County
Delaware
1990
2000
2010
Town of Clayton 2018 Comprehensive Plan Update
49
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 16. Housing Types, Clayton, Smyrna, and Kent County
Notes: 1-Unit Detached--A structure not attached to any other building and totally surrounded by yards.
1-Unit Attached--A structure with one or more walls extending from ground to roof separating it from
adjoining structures; includes townhomes and semi-detached homes such as duplexes and "twins."
2 or More Units--Structures containing at least two units such as apartments.
Mobile Home and Other--Includes boats, RVs, vans, and housing units that do not fall into other
categories.
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Housing
Characteristics, Table DP04. Definitions from <www2.census.gov/programs-
surveys/acs/tech_docs/subject_definitions/2014_ACSSubjectDefinitions.pdf>
Housing Occupancy
Figure 17 compares occupied and vacant housing units in the Clayton-Smyrna area with that of
the state. As shown in the figure, the vacancy rates in the Clayton-Smyrna area are within one
percent of Kent County's vacancy rate. Although Clayton's proportion of renter-occupied
homes is less than that of both Smyrna and Kent County, the proportion of renter-occupied
housing in the Clayton-Smyrna area is on a par with that of Kent County.
72.5%
51.7%
55.5%
64.8%
58.5%
11.7%
23.6%
21.4%
8.8%
14.6%
1.7%
21.6%
17.9%
13.0%
17.8%
14.1%
3.2%
5.2%
13.4%
9.0%
Clayton
Smyrna
Smryna + Clayton
Kent County
Delaware
1-Unit Detached
1-Unit Attached
2 or More Units
Mobile Homes, Other
50
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 17. Housing Occupancy, Clayton-Smyrna Area and Kent County
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Housing
Characteristics, Table DP04.
Housing Age
Table 8 provides information on the age of housing units in Clayton, Smyrna, and Kent County.
As the table shows, most of the housing stock in all three jurisdictions was constructed
between 2000 and 2009, no doubt a result of the housing boom and 430 acres annexed
between 2004 and 2008.
Clayton's housing stock is older than that of Kent County or Smyrna with nearly 14 percent of
Clayton's housing stock more than 75 years old (constructed before 1940). In contrast, less than
ten percent of the county's and Smyrna's homes were built before 1940.
Table 8.
Housing Age, Clayton, Smyrna, and Kent County
Year Built
Clayton
Smyrna
Kent County
2014 or later
1.3%
0.0%
0.3%
2010 to 2013
2.3%
5.0%
3.5%
2000 to 2009
50.0%
40.9%
28.0%
1990 to 1999
8.8%
9.6%
18.8%
1980 to 1989
6.1%
7.3%
12.7%
1970 to 1979
7.9%
12.9%
12.4%
1960 to 1969
2.1%
8.4%
8.9%
1950 to 1959
3.7%
4.4%
6.3%
1940 to 1949
2.0%
0.2%
2.2%
1939 or earlier
15.6%
11.2%
7.0%
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Housing
Characteristics, Table DP04.
74.3%
59.0%
61.8%
62.7%
16.6%
31.7%
28.9%
27.3%
9.0%
9.3%
9.3%
10.0%
Clayton
Smyrna
Clayton + Smyrna
Kent County
Owner-Occupied
Renter-Occupied
Vacant
Town of Clayton 2018 Comprehensive Plan Update
51
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Housing Values and Rents
Owner-Occupied Housing
Figure 18 provides information on the median value of owner-occupied housing units. It shows
that housing values in Clayton and Smyrna are less than housing values in both Kent County and
Delaware.
Figure 18. Median Housing Values, Clayton, Smyrna, Kent County, and Delaware
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Housing
Characteristics, Table DP04.
Renter-Occupied Housing
Figure 19 compares monthly rental rates in Clayton, Smyrna, Kent County, and Delaware. As the
figure indicates, rent in Clayton tends to be higher than in Smyrna or Kent County. A reason for
this might be that the units for rent in Clayton are more likely to be either townhomes or single-
family detached homes. As pointed out in Figure 16, Clayton's current housing stock has fewer
apartments, which are nearly always rental housing.
Figure 19. Median Gross Rent, Clayton, Smyrna, Kent County, and Delaware
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5-Year Estimates, Selected Housing
Characteristics, Table DP04.
New Construction 2008-2016
Clayton's housing market did not escape the effects of the Great Recession. As Figure 20
indicates, permits for new construction reached a high of 164 in 2006. By the beginning of the
recession in 2007, new construction permits had dropped by 60 percent. This downward trend
$190,100
$191,200
$200,500
$231,500
Clayton
Smyrna
Kent County
Delaware
$1,357
$895
$985
$1,018
Clayton
Smyrna
Kent County
Delaware
52
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
continued into the next year. By 2011, permit activity picked up, but is unlikely to reach pre-
recession levels.
Before 2007 nearly all permits were issued for detached homes in the areas annexed between
2003 and 2005; only two permits were issued for townhomes. Since 2008, 35 permits for
townhomes have been issued, all for either Liberty Knoll or Wheatleys Pond subdivisions. A
likely reason for this is that infill properties, often ignored in housing-market booms, have
become attractive because they often do not require the same level of expenditure on
infrastructure (water, sewer, roads, stormwater management).
Figure 20. Permits for New Construction 2004-2016
Source: Town of Clayton, Office of State Planning Coordination, National Bureau of Economic Research, compiled
by the Institute for Public Administration
0
2
0
0
18
5
4
0
5
3
0
0
0
36
108
164
66
28
14
7
22
17
23
27
22
18
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Townhouses
Single-Unit, Detached Homes
Great Recession
12/2007-06/2009
Town of Clayton 2018 Comprehensive Plan Update
53
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Housing Rehabilitation Opportunities and Accomplishments
Table 8 indicates about 20 percent of Clayton's housing stock was built before 1950. While
most of the older housing stock is well maintained, there are homes in need of rehabilitation.
Table 9 identifies one completed rehabilitation effort and three opportunities for additional
housing rehabilitation.
Table 9.
Housing Rehabilitation Opportunities and Accomplishments
Location
Description/Status
Opportunity 315 East Street
Housing rehabilitation proposed
Opportunity 310 Smyrna Ave
Vacant, opportunity for mixed use or housing
Accomplishment 300 Smyrna Ave
Housing rehabilitation completed
Opportunity 301 Smyrna Ave
Dilapidated home demolished by Habitat for Humanity;
opportunity to build new home for ownership or rental
The photo below pictures an opportunity for rehabilitation located at 301 Smyrna Avenue. In
early 2015, the home was demolished, but the site remains vacant. It is anticipated that its
owner, Habitat for Humanity, will oversee the construction of an affordably priced home.
301 Smyrna Avenue after demolition of dilapidated home, photo by Linda Raab 04/22/2015
54
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
The photos below showcase the rehabilitation of 300 Smyrna Avenue. This home is now being
rented.
Before: October 30, 2014
300 Smyrna Avenue before rehabilitation, photo by Jonathan Burnett, 10/30/2014
After: July 31, 2015
300 Smyrna Avenue after rehabilitation, photo by Linda Raab, 07/31/2015
Town of Clayton 2018 Comprehensive Plan Update
55
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Analysis of Housing Needs
Housing Supply
Figure 21 shows areas where development is taking place, lots are recorded but development
has not yet begun, and undeveloped areas earmarked for residential development on Clayton's
future land-use map. As Figure 21 indicates, these areas are in the newer sections of Clayton, as
well as in older areas.
Figure 21. Developing, Unbuilt, and Infill Housing Lots
56
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 10 calculates the number of homes that could be built in the areas identified in Figure 21.
These estimates were based on current zoning, recorded plans, and plans in the pipeline.
Where development plans are unknown, the lowest, allowable density based on zoning was
assumed. It was also assumed that the land available for residential development within
Clayton's town limits would remain the same. It was further assumed that residential land
would not be increased through annexation.
Approximately 778 homes could be built within Clayton's current boundary. Although the
majority of these are likely to be detached homes, townhomes and apartments are proposed.
Table 10. Housing Supply
Zone
Dwelling
Type Acres
Built
2018
Not
Built
2018
Total
2018
Notes
Railroad Square
R1
Apartments
4.9
0
48
48 Per approved plan
The Ovations
R
Detached
37.0
0
145
145 Per pending plan
Old Country Farm
R
Detached 161.0
23
391
414 Under construction
Providence
Crossing
RS
Detached 182.0
363
62
425 Under construction
Huntington Mills
RS
Detached
84.0
176
23
199 Under construction
Cunningham
R
Detached
3.4
0
14
14 Assumes 4.2
detached homes per
acre
Miscellaneous
developable, infill
lots
R
Detached
0
10
10 Assumes 1 detached
home per lot
Grain Mill Station
R
Townhouses
4.7
0
34
34 Plan approved
03/24/2008
Wheatleys Pond
Townhouses
R
Townhouses
1.2
87
6
93
Liberty Knoll II
Recorded
R
Townhouses
3.1
0
21
21 Construction not
started
Liberty Knoll II
Not Recorded
R
Townhouses
3.0
0
24
24 Assumes 8.0
townhouses per acre
Subtotal Detached
562
645 1,207
Subtotal Townhouse
87
85
172
Subtotal Apartments
0
48
48
Totals
649
778 1,427
Source: Town of Clayton, compiled by the Institute for Public Administration
Town of Clayton 2018 Comprehensive Plan Update
57
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Housing Demand
The calculations in Table 10 formed the basis for determining whether Clayton would have
sufficient housing to accommodate the population growth estimated in Figure 3. Table 11
calculates the number of new Clayton residents in 2050 under the four population-projection
scenarios. These results were divided by the 2010 average household size of 2.94 persons per
household to estimate the number of households in 2050.
Table 11. Housing Demand
Population
2020
Population
2050
Population
Growth
2020-2050
Housing Units
Needed by 2050
2% Per Year
3,557
6,572
3,015
1,026
DPC from 2010 Census
3,412
4,388
976
332
DPC from 2015 ACS 5-Year
3,325
4,191
866
295
1% Per Year
3,223
4,073
850
289
Note:
"Housing Units Needed by 2050" computed by dividing "Population Growth 2020-2050" by 2.94 (the
average household size reported in the 2010 census).
Source: Figure 3, computations by the Institute for Public Administration
Conclusion
A comparison of the estimated 649 unbuilt homes with the estimated number of homes
needed in 2050 indicates that Clayton will have sufficient housing for future population under
three of the four population projections. In addition, the anticipated supply includes detached
homes, townhouses, and apartments.
58
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Goal and Recommendations for Consideration
Goal
Sound and affordable housing for all residents of all income-levels.
Recommendations for Consideration
- Continue code-enforcement efforts.
- Identify additional opportunities for housing rehabilitation.
- Continue supporting infill housing in the older areas of Clayton.
- Focus on developing in recorded subdivisions rather than annexing new territory.
- Ensure that land-use regulations provide for a variety of housing types.
- Encourage annexation petitioners to propose developments with a variety of homes.
- Support housing initiatives that encourage young families to stay in or move to Clayton.
Town of Clayton 2018 Comprehensive Plan Update
59
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 10. Community Facilities and Services
Community facilities and services constitute a network of interrelated public and semi-public
institutions and activities that give each jurisdiction its identity. These facilities and services not
only affect the attractiveness of a community as a place to live, work, and do business, but also
influence its growth pattern. Like most Delaware municipalities, service provision is a shared
responsibility. The Town of Clayton is responsible for water service, electricity, trash collection,
street and sidewalk maintenance, leaf collection, snow removal, street lighting, code
enforcement, building permitting and inspection, and planning and zoning. Other services are
provided by the state, the county, semi-public agencies, or private establishments. Map 4
depicts their locations.
Town Government
Clayton's governing body consists of five council members. The council members are elected
for two-year, staggered terms. Elections are held the last Tuesday in April. The president of the
council, elected from among the council members at the first (reorganization) meeting after an
election, serves as the mayor. Each council member is assigned responsibility for a government
service. The council meets regularly on the second Monday of every month and holds
additional meetings as needed.
Town Facilities and Services
The Town employs a town foreman and
several clerks and administrative assistants
to oversee the daily operations of the
town. The Clayton Town Hall, located at
414 Main Street, houses the police
department and offices for the
administrative staff. It also contains
assembly space used for meetings of the
Town Council, the Planning and Zoning
Committee, and other groups and
committees. The Town also owns a garage
on West Street where equipment used for
public works is stored.
The 2008 Plan Update noted that the Town
was considering constructing a new facility to house police, public works, and administrative
staff. Instead of pursuing a new facility, the Town decided to renovate the existing town hall
and police department in 2014. The office area was modernized by creating a more efficient
reconfiguration for serving the public as well as providing better office space for town clerks. In
Clayton public works vehicle pictured on Town website,
www.clayton.delaware.gov
60
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
addition, the police station was expanded; and a new entrance to the police department was
built to separate police work from routine town business.
Public Safety
Police Protection
The Clayton Police Department is located at 414 Main Street in the same building as the town
hall. The department currently employs nine full-time personnel, which includes the police
chief, a patrol supervisor, an administrative assistant, and six patrol officers.
Clayton Town Hall and Police Department
The department's primary mission is to provide 24-hour police protection. Police officers
enforce Delaware State Law and Clayton Town Ordinances. They respond to calls for service,
investigate all crimes committed within town limits, and apprehend local fugitives. Officers also
conduct property checks for both residences and businesses.
The department has achieved the Homeland Security requirements of the National Incident
Management System and National Response Plan training. Though the department has
benefited from Homeland Security grants, the current funding situation makes it unlikely that
Homeland Security funding will continue at previous levels.
Town of Clayton 2018 Comprehensive Plan Update
61
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
The Clayton Police Department also provides
community policing support. Officers involved
in community policing participate in programs
aimed at creating trust between the public
and the police. One of these programs is the
Gang Resistance Education and Training
(G.R.E.A.T.) program. The purpose of this
program is to help students avoid becoming
involved with drug abuse, violence, and
gangs. Serving as School Resource Officers at
Clayton Elementary School and Providence
Creek Academy, Clayton police officers are working with over 500 students ranging from grades
3 through 8.
The community policing unit also operates a child-identification program and a summer youth
program and initiates various safety programs. The department's newest undertaking is a
project to develop an internet safety program that will be available to students and family
members.
The administrative section maintains all records related to the department's operation. It
provides citizens with copies of both crime and accident reports. It also maintains records of
police officers' training.
The department's facilities include a small communications center, an office for the chief, work
stations for on-duty officers, and an area for office equipment. When not utilized for patrol,
police vehicles are parked on Main Street and Smyrna Avenue. Since the town does not have a
holding facility for people who are arrested, the Smyrna Police Department's cells are utilized
for temporary holdings. Committed prisoners are transported to the James T. Vaughn
Correctional Center located north of Smyrna near the rest stop on U.S. Route 13.
Fire Protection
Fire protection is provided by the Clayton
Fire Company Number 1, Inc., Station 45.
Founded in 1891, the company's
headquarters is located at 214 Railroad
Avenue. Its service area includes the Town
of Clayton and the area west of Clayton to
the Maryland line. The department has
mutual-aid agreements with neighboring fire
companies so that Clayton firefighters can
provide and request assistance.
Clayton police vehicle pictured on Town website,
www.clayton.delaware.gov
Firefighters from Clayton Fire Company Station 45 pictured
on Town website, www.clayton.delaware.gov
62
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
In 2014, the company completed an expansion that increased its facility from 7,000 square feet
to 10,000-square-foot. The addition includes a new engine room, expanded locker space, a
training and meeting room, a fitness area, additional office space for line and administrative
officers, rest rooms, and additional storage space.
Clayton Fire Company, Station 45, 300 East Street pictured on Town website, www.clayton.delaware.gov
Emergency Medical Service
Emergency medical service is provided by the David C. Harrison Ambulance Company Station 64
and Kent County paramedics. The ambulance company, located at the intersection of SR 6 and
SR 300, was founded in 1924 by a small group of World War I veterans and run by career and
volunteer staff. The company is responsible for basic life support and ambulance transport for
an area extending from the Delaware Bay to the Maryland border and from Collins Beach to
Garrisons Lake. County paramedics from Medic Station 6 provide advanced-life support. Their
station is located on the south side of SR 300 near its intersection with Carter Road.
Educational Facilities
Smyrna School District
Clayton is in the Smyrna School District. The district, which encompasses approximately 175
square miles, serves students in northern Kent County and southern New Castle County. The
district is governed by an elected, five-member school board that appoints a superintendent to
administer the district's activities and serve as the board's executive secretary. The district's
headquarters is located in Smyrna at 82 Monrovia Avenue.
Figure 22 tracks enrollment in the Smyrna School District from 2000 to 2018. Enrollment rose
and fell between 2000 and 2003. The period from 2003 to 2018 saw steady increases with 2016
showing a small decrease.
Town of Clayton 2018 Comprehensive Plan Update
63
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 22. Smyrna School District Enrollment, 2000-2018
Note:
Does not include charter schools, or private educational facilities.
Source: 2008 Town of Clayton Comprehensive Plan; Delaware Department of Education,
www.profiles.doe.k12.de.us/SchoolProfiles; accessed 04/19/2018.
Table 12 lists the public schools attended
by students living in Clayton. Students
begin their education at Clayton
Elementary School for kindergarten
through fourth grade. They move to
Clayton Intermediate School for grades
five and six. Seventh and eighth graders
attend Smyrna Middle School before
moving to Smyrna High School for grades
9 to 12.
3,404 3,379
3,494
3,247 3,311
3,645
3,930
4,230
4,460
4,657
4,853
4,981
5,116 5,173 5,235 5,279 5,233
5,382
5,486
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Clayton Elementary School pictured on Town website
64
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 12. Smyrna District Schools Serving Clayton Students
Location
Grades Served
Enrollment
2017-2018
Clayton Elementary 510 West Main Street,
Clayton
Kindergarten through
Grade 4
514
Clayton Intermediate 86 Sorrento Drive,
Clayton
Grades 5 and 6
466
Smyrna Middle 700 Duck Creek Parkway,
Smyrna
Grades 7 and 8
916
Smyrna High School 500 Duck Creek Parkway,
Smyrna
Grades 9 through 12
1,496
Source: Delaware Department of Education, www.profiles.doe.k12.de.us/SchoolProfiles; accessed 10/11/2017.
Charter Schools
Authorized by Title 14, Chapter 5 of the Delaware Code in 1995, charter schools aim to
"improve student learning; encourage the use of different and innovative or proven school
environments and teaching and learning methods; provide parents and students with improved
measures of school performance and greater opportunities in choosing public schools within
and outside their school districts; and to provide for a well-educated community"
(www.doe.state.de.us/programs/charterschools).
There are two charter schools in Clayton: Providence Creek Academy and First State Military
Academy. Both are located on the Saint Joseph parcel on the west side of West Duck Creek
Road (SR 15).
Providence Creek Academy serves students in kindergarten through eighth grade. It features a
campus-like facility on 44 acres with nearly 80,000 square feet of academic space in three
buildings as well as athletic fields.
First State Military Academy offers a program for high-school students who would benefit from
a military-school environment. The school opened in August 2015 with 200 students in grades 9
and 10. Grades 11 and 12 were added in 2016 and 2017 respectively. First State Military
Academy's enrollment for the 2017-2018 school year was 409 students.
Private Education
There is one private educational facility in the Clayton area. The Smyrna Christian Academy is
located in New Castle County between Duck Creek Road (SR 15) and U.S. Route 13 at 1630 Joe
Goldsborough Street. The academy serves students from kindergarten through grade 12.
Town of Clayton 2018 Comprehensive Plan Update
65
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Providence Creek Academy, downloaded 02/26/2019
Civic and Social Services
Postal Service
The Town of Clayton is served by a United States Post Office located at 12 Railroad Avenue
between Main and East Streets. Home delivery is available in the subdivisions west of the
railroad, while residents of "old" Clayton east of the railroad must pick up mail at the post
office.
Library Services
Smyrna Public Library
The closest library to Clayton is the Smyrna Public Library located in a historic building at 107
South Main Street in Smyrna. Founded in 1858, the library collection consists of more than
22,000 circulating items. In addition to books, the collection includes, e-books, DVDs, audio
CDs, newspapers, and magazines. Other services include internet access, computers, and a
homeschool area.
Funding has been secured from Delaware Division of Libraries for the construction of a 25,000-
square-foot regional library on U.S. Route 13 in the southern portion of the town. Ground-
breaking has not been scheduled. (www.smyrna.delaware.gov/84/Library)
66
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Kent County Public Library
The Library Division of the Kent County Department of Community Services provides county-
wide library services. Kent County's Public Library is located at 2319 South DuPont Highway in
Dover. Its collection includes fiction and non-fiction books, large-print books, periodicals,
newspapers, video tapes, DVDs, books-on-tape, and CDs, and is organized for adults, young
adults, and children. The periodical collection features access to periodicals and newspapers
online. In addition, computers provide Internet access and contain popular computer programs.
Each year, library staff also conduct more than 100 programs of interest to adults and children.
Since 1990, the library has operated a bookmobile to serve the rural areas of the county. The
bookmobile makes over 250 stops per year. Some of the typical stops include Hartly, Cheswold,
Felton, Frederica, and the Kent County complex.
Within the last several years, two online services have become available. The first is the
Delaware Library Catalog that provides access to information through a single online library
database for all public libraries and a number of academic and school libraries. The second
program, called Ask-a-Librarian, is a free 24/7, online information service where users can
connect with a real-time librarian for assistance. (www.co.kent.de.us/kc-library)
Senior Services
Two senior centers serve the Clayton vicinity.
- Lillian Smith Senior Center--The Lillian Smith Senior Center is a private enterprise
located within the Clayton town limits at 410 Main Street. Formerly the Clayton-Smyrna
Senior Center, it was established in 1967 by Mrs. Lillian Smith. In 1992, when Mrs. Smith
died at the age of 95, the center was renamed to honor her memory.
(www.seniorcenter.us/sc/lillian_smith_senior_center_clayton_de)
- Mamie Warren Senior Center--Located on SR 300 between Clayton and Kenton at 1775
Wheatleys Pond Road, the Mamie Warren Senior Center covers the Smyrna, Clayton,
and Kenton areas. (www.mamiewarren.org)
The types of services offered by these centers include on-site meals and Meals on Wheels for
those who are homebound, tax and insurance-claim assistance, crafts, bingo and other social
activities, transportation to medical appointments, and basic health screenings.
Town of Clayton 2018 Comprehensive Plan Update
67
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Goals and Recommendations for Consideration
Goals
- Quality municipal services.
- Full-time police protection.
Recommendations for Consideration
- Police Protection
- Regularly review police-protection requirements.
- Continue community policing programs.
- Fire Protection
- Monitor fire-protection and emergency medical services.
- Continue strong relationship between Town and Fire Company.
- Other
- Work with other levels of government to secure and maintain services for
Clayton residents.
68
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
INTENTIONALLY BLANK
Town of Clayton 2018 Comprehensive Plan Update
69
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 11. Park, Recreation, and Open Space
Regional Facilities
Map 5 depicts park and recreation facilities in the Clayton region. It also portrays the natural
open spaces represented by water bodies, streams, flood areas, and wetlands. Table 13
describes the activities available at these facilities.
Table 13. Clayton-Smyrna Region Park and Recreation Facilities
Facility Features
Big Oak County Park Sports fields, playground, picnic area, nature trail, wetland
boardwalk; Delaware Aero Space Education Foundation for
Space and Earth Science education and recreation
Blackbird State Forest 5,400 acres; 40 miles of trails for hiking, running, bicycling,
horseback riding, and cross-country skiing; paved, wheel-
chair-accessible nature trail; primitive campsites, picnic sites,
hunting, and catch-and-release fishing
Blackiston Wildlife Area 2,200 acres; wildlife and waterfowl hunting, catch-and-
release fishing in Gleason's Pond
Bombay Hook National
Wildlife Refuge
16,000 acres featuring walking trails, observation towers,
and a visitor center with interactive displays
Cedar Swamp Wildlife Area 6,000 acres of upland and tidal marsh habitats, hunting,
fishing, and boating
Garrisons Lake Golf Course 18-hole golf course, maintenance building, club house
Garrisons Lake Fishing and boating
Woodland Beach 6,000 acres of natural area consisting of tidal marsh, forest,
and agricultural fields dedicated to wildlife management;
primary objective being public hunting and fishing
Source: FirstMap, Delaware parks layer, accessed 05/04/2016.
Clayton Vicinity Facilities
Besides the regional facilities near Clayton, there are many park, open space, and recreation
areas in the Clayton vicinity. Most of these areas are in Smyrna, and many of them are available
to Clayton residents. Map 6 shows the location of park, open space, and recreation areas in the
Clayton vicinity. Table 14 provides information on a selected number of these facilities.
70
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Park and Recreation
Table 14. Clayton Vicinity Selected Park and Recreation Areas
Area Features
Boys and Girls Club of Smyrna Educational programs including tutoring and
enrichment; arts and crafts; athletic programs
Clayton Elementary School Multi-purpose filed and playground
Jim Vaughn Sr./Theresa Millman
Memorial Parks
Picnic area, fields for little league baseball, softball, big
league baseball
Lake Como Sandy beach, paddleboats, playground, fishing, picnic
area
Providence Creek Academy Walking and bicycling trails when school is not in
session
Smyrna High School Ballfields
George C. Wright Jr. Park Playing fields, tennis courts, swings, picnic tables,
pavilions
Stephen Robert Rebar Park Playground equipment, benches
Source: Clayton and Smyrna Comprehensive Plans.
The George C. Wright Jr. Park has softball fields, tennis courts, swings, picnic tables, and
pavilions. Facilities for Little League baseball, softball, adult baseball, and tennis are located at
Jim Vaughn Sr. Park across from Smyrna High School on Duck Creek Road. In addition, many
public-school sites have recreation facilities.
Within Clayton, there is only one
park. Rebar Park is located on
Smyrna Avenue west of the
railroad. The park has playground
equipment and a small seating
area. A deed restriction ensures
that this site will continue as a
park.
Rebar Park, photo by Linda Raab, 07/31/2015
Town of Clayton 2018 Comprehensive Plan Update
71
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Natural Areas
Open space refers to the stream valleys, flood areas, wetlands, and water bodies throughout
the town. Recreation and park facilities may be in some of these areas, such as the Little League
fields adjacent to Providence Creek, but most exist in their natural states. Natural areas are
important because they provide visual diversity to an area while contributing to environmental
protection efforts.
Pathways and Trails
Map 6 also shows a number of trails and pathways in the Clayton vicinity. Some are completed,
and others are recommended for consideration in this Plan Update. They are shown here
because they are an important component of the park, recreation, and open space system, but
are described and discussed in the transportation chapter.
Clayton supports these projects and believes that development of pathways and trails could
provide numerous opportunities for the town's residents and businesses. These projects often
increase the attractiveness of an area, which can also increase property values.
Clayton Open Space
Map 6 also identifies open space created through the town's subdivision-review process that
requires developers to dedicate open space proportional to the size of their development
projects. Some of the dedicated open space is left in a natural state, and some open spaces are
used for stormwater management.
Dedicated open space is concentrated in the areas annexed since 1998. The largest existing
open space area is north of Providence Creek and is being used by Hanover Foods for spray
irrigation. A second large open space is located at Wheatleys Pond and its surrounding area.
Open spaces can also be found in the Huntington Mills, Providence Crossing, and Old Country
Farm subdivisions.
As Map 11 (existing land uses) indicates, there are few vacant parcels and thus limited
opportunities to create new open spaces in "Old Clayton." This area was developed long before
Clayton adopted land use standards requiring the dedication of open space when land is
subdivided for development.
Map 6 identifies two areas that may provide opportunities for open space. Although both
properties are privately owned, they are unlikely candidates for development because of
environmental constraints. One property is within the 100-year floodplain and contains
substantial wetland area, and a pond covers nearly all of the second parcel.
72
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Goals and Recommendations for Consideration
Goals
- Adequate supply of open space for recreational activities.
- Balanced demand for recreation and open space with both fiscal resources and
responsibilities associated with ownership and maintenance of public properties.
Recommendations for Consideration
- Continue utilizing the provision in the subdivision ordinance mandating that developers
either dedicate recreational land or pay a fee in lieu of dedication.
- Work with property owner of parcels identified for possible new open space to secure
utilization of those parcels for open space.
- Enforce standards for protecting greenways in the zoning ordinance and subdivision
regulations.
- Work with DNREC, the Delaware Department of Transportation (DelDOT), and the
Dover/Kent Metropolitan Planning Organization (MPO) to develop trails and paths.
- Place parcels recorded as open space in the OS (Open Space) Zone at buildout.
- Reinterpret link between land use and zoning so that OS zoning is consistent with all
future land uses.
Town of Clayton 2018 Comprehensive Plan Update
73
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 12. Utilities
This section provides information about the utilities that serve Clayton residents, including
water, wastewater, electricity, natural gas, telecommunications, solid-waste management, and
stormwater management. These services are essential to town residents and businesses, and
their locations are depicted on Map 7. This section also provides information on source-water-
protection areas; their locations can be found on Map 8.
Water System
Clayton operates its own water system, and all properties within the corporate limits receive
public water. Three wells, which operate in shifts, tap the Rancocas Aquifer to provide public
water to Clayton's residential and business customers.
Supply
Source-Water
The source for Clayton's drinking water is groundwater. As such, it is important for Clayton to
protect the areas around the wells that pump water from the ground and the aquifer from
which water is drawn. Source-water-protection areas include wellhead-protection areas and
excellent-ground-water-recharge-potential areas. Map 8 displays the locations of source-water-
protection areas in the Clayton vicinity.
Wellhead-Protection Areas
A wellhead-protection area is the surface and subsurface area surrounding a water well that
supplies a public water system through which contaminants are likely to reach the well. As Map
8 shows, there are three wellhead-protection areas in Clayton that provide the Town's drinking-
water supply. In addition, there are two wellhead-protection areas located outside of Clayton,
the boundaries of which extend to properties within Clayton's corporate limits.
Excellent-Ground-Water-Recharge-Potential Areas
A recharge area is land on top of an aquifer. Precipitation falling on the land surface provides
water that recharges aquifers. Ground-water-recharge-potential areas are classified as
excellent, good, fair, and poor, according to how rapidly rainwater filters through the ground to
the underlying aquifer. Aquifers are layers of gravel and sand within which water is stored and
moves underground. Maintaining good water quality in local aquifers is especially important
because Clayton obtains drinking water from wells drilled into aquifers. Care must be taken
when developing in recharge areas to ensure that precipitation does not carry contaminants
downward to aquifers and that sufficient open area is preserved so that precipitation can
recharge the aquifers beneath it.
As shown on Map 8, there are three excellent-groundwater-recharge-potential areas within the
town limits. Excellent-groundwater-recharge-potential areas consist of predominantly sandy
74
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
soils that allow precipitation to infiltrate an underlying aquifer at the most rapid rate. Good-,
fair-, and-poor recharge areas have respectively slower infiltration rates.
Protecting Source Water
The Safe Drinking Water Act Amendments of 1996 mandated that all states develop a Source
Water Assessment and Protection (SWAP) Program to protect public drinking water sources.
The three basic components of all SWAP Programs include:
- Delineation of the boundaries of land areas most important to public water sources.
- Identification of the potential sources of contamination within those boundaries.
- Assessment of the susceptibility of the public water source to these contaminants.
Delaware's SWAP program standards are in Title 7, Chapter 60, Subtitle VI, Section 6082 of the
Delaware Code. The program is coordinated by the Department of Natural Resources and
Environmental Control (DNREC) and the State Division of Public Health. DNREC developed the
source-water assessments for most public water systems in Delaware, including Clayton.
Clayton's assessment was updated on May 22, 2013; the report can be found at
http://delawaresourcewater.org/assessments/.
Title 7, Chapter 60, Subtitle VI, Section 6082 of the Delaware Code requires counties and
municipalities with populations greater than 2,000, as determined by the most-recent census,
to implement measures to protect sources of public drinking water within their boundaries.
Since the 2010 Census determined Clayton's population to be 2,918 persons, the Town was
required to adopt such measures.
On June 8, 2015, Clayton adopted an ordinance amending the Town's zoning and subdivision
ordinances to protect the source-water-protection areas delineated on Map 8. Development in
these areas must adhere to the criteria established in Clayton's source water areas protection
ordinance. The State is responsible for updating and revising the source-water-protection areas
maps. The Town is responsible for applying the provisions of the source-water-protection
ordinance to Map 8 adopted in this Plan Update or hereafter amended. Source-water-
protection datasets can be found at FirstMap Delaware https://firstmap.delaware.gov/ .
Water-Quality Assessment
Water quality is monitored constantly. The Public Water Supply Source Water Assessment for
Clayton Water Department, Kent County, Delaware was completed in 2013 (accessible at
http://delawaresourcewater.org/assessments/) and contained the following findings:
- Clayton's wells have low vulnerability to contamination, because they are in confined
aquifers.
- Within Clayton's wellhead areas, there is no discrete potential source of contamination.
- Clayton's untreated source water has a low susceptibility to nutrients, pathogens, a low
petroleum hydrocarbons, pesticides, PCBs, and other organic and inorganic compounds.
- Overall, Clayton's drinking-water-supply system "exceeds standards to metals."
Town of Clayton 2018 Comprehensive Plan Update
75
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Clayton's Annual Drinking Water Quality Report for 2017 also indicates that Clayton's drinking
water is of good quality. The latest report (for the period January 1-December 31, 2016) found
that the Town's "...drinking water supply system exceeds standards to metals, has a low
susceptibility to nutrients, pathogens, petroleum hydrocarbons, pesticides, PCBs, other organics
and other inorganics." (http://delawaresourcewater.org/assessments/)
Storage and Distribution
Water is stored in three tanks, two of which are adjacent to water-supply wells. One tank is
located on the north side of Smyrna Clayton Boulevard near the Town & Country subdivision
and adjacent to the proposed Grain Mill Station subdivision. The second is located west of the
railroad near the intersection of Wilson Avenue and Duck Creek Parkway. The third is located in
the Old Country Farm subdivision on Underwoods Corner Road near Alley Corner Road.
Water Tower, Wilson Avenue and Duck Creek Parkway, pictured on Town website, www.clayton.delaware.gov
Clayton's water-transmission system was laid out between 1909 and 1918 with four-inch-
diameter pipes. The 1978 comprehensive plan recognized that these were not adequate, and
the Town embarked on a program of incremental replacement with six-inch lines. In addition,
76
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
the lines connecting the storage towers with the transmission system have been replaced with
ten-inch pipes.
Planned Improvements
There are no planned improvements or system expansion. Incremental repair and replacement
will continue to keep the transmission system in good condition.
Wastewater System
Clayton's sewerage system was laid out in 1915, and the Town operated the system for 70
years. In 1986, Clayton joined the Kent County Regional Wastewater System. Established in
1973, the county system consists of a trunk collection system running north-south from Smyrna
to Milford that transmits sewage to a single treatment facility in Frederica.
Every property in Clayton is connected to the sewer system. The Town Council continues to
maintain a policy that every property within Clayton's corporate limits be served with public
sewer. Developers are responsible for the installation of transmission lines for new
development, and the Town is responsible for their maintenance.
Description
The Delaware Statewide Assessment of Wastewater Facilities Current Status and Future Needs
2011-2016 (pages 56-58) describes Clayton's sewage system as a two-square-mile, collection-
only, system consisting of one sewer district with six pump stations and two holding tanks
having a total capacity of 300,000 gallons. The Town's total average daily flow is 230,000
gallons with peak flows averaging up to 350,000 gallons. All Town sewage is treated at the Kent
County Sewage Treatment Plant in Frederica. The flows travel to the plant as follows.
- Through Smyrna System--Approximately 173,000 gallons (of the total 230,000 gallons)
flow north and east through "Old Clayton" to a pumping station located adjacent to the
railroad and Providence Creek. From there, sewage is pumped to a gravity line that
flows, along with effluent from Smyrna, to County Pump Station No. 1, located on U.S.
Route 13. From there, sewage enters the county's principal trunk line, which leads to
the plant in Frederica. Under a contract with the Town of Smyrna, Clayton may send a
total of 400,000 gallons per day to the Smyrna gravity line.
- Directly to County System--The remaining 58,000 gallons flow directly into the Kent
County system. Beginning at Old Country Farm, effluent flows to a lift station. It is
pumped over SR 300 (Wheatleys Pond Road) where it joins sewage collected from
Huntington Mills and Providence Crossing. From there, sewage from the three
subdivisions flows to a county lift station in Smyrna near Lake Como. This lift station also
serves a number of the developments in south Smyrna. There is no limit on the number
of gallons that Clayton can send to the County system.
Town of Clayton 2018 Comprehensive Plan Update
77
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Hanover Foods maintains its own sewage-treatment facility. Treated effluent from the plant is
discharged onto land by a process known as spray irrigation. The land onto which the treated
effluent is discharged is located in New Castle County on the north side of Providence Creek
opposite Hanover's food processing property.
Planned Improvements
The Delaware Statewide Assessment of Wastewater Facilities Current Status and Future Needs
2011-2016 reported excessive peak flows into Smyrna's system thought to be infiltration and
inflow (I/I) from properties in Clayton's "Old Town." Infiltration refers to groundwater entering
the sewer system most often from cracks in pipes, tree roots, and deterioration over time.
Inflow occurs when stormwater systems are connected to sanitary systems.
Since 2011, the Town has been addressing the I/I issue. At this time, the Town has corrected 90
percent of the sources of inflow. Work is continuing on identifying and correcting the sources of
infiltration.
There is no limit on the number of gallons per day that can flow to the county system. The
Statewide Assessment reported that there are no known issues in Clayton's system, which feeds
directly to the County system. An upgrade to the pumping station may be needed as the
Huntington Mills, Providence Crossing, and Old Country Farm subdivisions approach buildout.
The Statewide Assessment noted that Clayton received a planning grant for conducting an I/I
study in Old Clayton. Ongoing I/I studies will identify future major capital improvement
projects. In the meantime, the Town makes repairs when an issue is observed.
Stormwater Management Under MS4
Stormwater Management means controlling the runoff from rain and snow that is not absorbed
into the ground. Rather, the rain and snow "run" over paved streets, parking lots, and rooftops.
The runoff gathers trash, chemicals, oils, and dirt that pollutes rivers, lakes, bays, and oceans.
Most of the Town's stormwater runoff is collected in strategically located catch basins. Rainfall
is transported to the catch basins by a combination of street gutters, culverts, and storm
sewers. The stormwater system is separate from the sewage collection system. The Town's
gently sloping topography and well-drained soils minimize drainage problems.
The Municipal Separate Storm Sewer System (MS4) is a nationwide program aimed at
controlling pollution from stormwater runoff. The MS4 program is regulated under the National
Pollution Discharge Elimination System (NPDES). Clayton (along with 13 other small Delaware
municipalities) are subject to regulation under this program. This means that Clayton must
develop and implement its own program to control stormwater runoff within the Town. The
MS4 program is regulated under the permitting process of the National Pollution Discharge
Elimination System (NPDES).
78
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Clayton is being considered by DNREC to receive a five-year waiver to develop a stormwater-
management program. The Town intends to be in compliance at the end of the waiver period in
2022.
Electricity
The Town of Clayton provides electric service to all homes and businesses within the town
boundaries and to a limited number of residential customers adjacent to the Town. The areas
outside of Clayton, to which the Town supplies electric service, are:
- Dennison Trailer Court located at the
northeast corner of Dump Road and
Duck Creek Parkway.
- A one-acre lot on the north side of SR
6, the western boundary of which is
adjacent to the Clayton town limits
and the eastern border is adjacent to
the Smyrna town limits. This lot is
developed with a single-family
detached home.
- Thirteen parcels in the area located
between Wheatleys Pond Road and
Greens Branch east of the Clayton
town limits. This area includes the
William G. Anthony Subdivision, the
lots of which range in size from 0.5 to
0.9 acre. Each lot is developed with a
single-family detached home.
- Sixteen single-family lots, fronting on
the south side of Wheatleys Pond
Road near its intersection with
Underwoods Corner Road adjacent to
the Huntington Mills subdivision.
Clayton is a member of the Delaware
Municipal Electric Corporation (DEMEC). The corporation supplies power to about 125,000
residential and business customers in nine Delaware municipalities. The smallest of the state's
three power companies (The others are Delmarva Power and Delaware Electric Cooperative),
DEMEC buys electricity for Clayton, Dover, Lewes, Middletown, Milford, Newark, New Castle,
Seaford, and Smyrna. The Town is responsible for installing new electric lines and installing
meters to monitor usage, as well as for maintaining the lines.
Maintaining electric service in downtown Clayton,
photo provided by the Town of Clayton
Town of Clayton 2018 Comprehensive Plan Update
79
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
DEMEC is committed to green energy. The corporation has agreements for wind power from
the Laurel Hill Wind Farm in Lycoming, Pennsylvania. It also buys renewable energy credits
generated by the wind turbine located at the University of Delaware's Hugh R. Sharp campus
located in Lewes. Solar power is purchased from the Dover Sun Park Project and the Milford
Solar Farm.
Natural Gas
Chesapeake Utilities, headquartered in Dover, supplies natural gas to Clayton. The utility
company owns and maintains natural gas lines in the Town. There is a natural gas storage
facility near the corner of School Lane and Wheatleys Pond Road.
Telecommunications
Telephone, television, and internet services are available from a number of providers.
Solid-Waste Management
Clayton contracts with a private waste-management company for trash collection and disposal
services to residences and a limited number of commercial businesses in the Town center. The
Town also contracts for recycling services.
Goals and Recommendations for Consideration
Goals
- Quality municipal services.
- Safe and reliable supply of water for drinking and fire protection.
- Sufficient sewage-treatment capacity.
- Safe and dependable electric power.
Recommendations for Consideration
- Develop and implement a stormwater management program that complies with the
MS4 standards; seek technical assistance from DNREC.
- Monitor infiltration/inflow levels in sewer system especially in "Old Clayton."
- Periodically inspect and maintain water- and sewer- transmission lines.
- Work with other levels of government to secure services for Clayton residents.
- Maintain relationship with Kent County regional-sewer-system officials.
- Establish capital-improvement projects for annual, incremental repairs and upgrades to
water and sewer transmission systems.
80
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
- Assess long-term needs for water supply and storage; establish capital-improvement
projects for upgrades and major repairs to wells and storage towers.
- Remain an active member of the Delaware Municipal Electric Corporation; support
DEMEC's commitment to green energy indicatives.
- Regularly monitor solid-waste-collection and recycling service requirements.
Town of Clayton 2018 Comprehensive Plan Update
81
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 13. Transportation
Transportation infrastructure is what keeps things moving into, out of, and around a
jurisdiction. This chapter looks at the transportation system serving Clayton and vicinity. It
includes streets and roads, rail service, and non-motorized transportation infrastructure
(pedestrian and bike trails and sidewalks).
Vehicular Transportation
Map 9 depicts the streets and roads serving the Clayton vicinity. Most of the roads within the
Town are municipal streets for which Clayton is responsible. A number of state-maintained
roads, including Main Street (SR 6), Wheatleys Pond Road (SR 300), Greenspring Road (SR 15,
which is a designated scenic byway), and Duck Creek Parkway, accommodate travel within the
Clayton vicinity. Kenton-Smyrna Road (SR 300) and Millington Road (SR 6) are east-west
highways that connect the Clayton area to western Delaware and U.S. 301. As pointed out in
Chapter 1, SR 1 and U.S. Route 13 are north-south arterial roads linking the Clayton vicinity to
other parts of the state.
Map 9 also includes the route of a Delaware Byway. Described in Chapter 7, the Harriet Tubman
Byway is one of six Delaware byways. Delaware's byway program was authorized in 2000. Its
goals are to " include the identification, promotion, preservation and enhancement of
Delaware roadways with at least one of the following intrinsic qualities: scenic, historic, natural,
cultural, recreational and archaeological." The Harriet Tubman Underground Railroad Byway
begins in Camden and travels north on U.S. Route 13 through Dover. It turns west in Smyrna
and runs through Clayton on Main Street before turning north on Alley Mill Road.
Bus Transportation
There is neither public nor private local bus service in the Clayton area. DART First State
(Delaware Authority for Regional Transit) provides public bus service along U.S. Route 13
(formerly the Blue Diamond Route) between Wilmington and Dover. Connecting service is
available between Dover and Milford. The stop nearest to Clayton is in Smyrna at the
intersection of U.S. Route 13 and Mount Vernon Avenue. The second closest stop is at the
Smyrna Rest Area at the intersection of SR 1 and U.S. Route 13. Greyhound provides private
intercity bus service along U.S. Route 13 with a stop in Smyrna.
DART First State addresses the transportation needs of the Delaware's senior and special-needs
population through the Senior Citizens Affordable Taxi (SCAT) program. The program offers a
discount on taxi fares. Anyone, who cannot operate a motor vehicle because of a physical or
other disability or is age 65 or older, may be eligible for this service.
82
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Railroad Transportation
Map 9 shows the location of rail lines in Clayton. The first is the Delmarva Secondary Line, an
active rail line running north and south through the center of Clayton. This line originates south
of Wilmington, splits off at Newark and runs south to the ferry at Cape Charles, Virginia. The
second is the Clayton Easton Rail-Trail. Owned by the state of Maryland and no longer in use,
this line originated in Clayton and runs southwest to Easton, Maryland. The third is a long-
abandoned track running along the north side of Main Street from its intersection with Basset
Street east into Smyrna.
Passenger Service
The 2013 Delmarva Intercity Rail Feasibility Study investigated the potential for re-establishing
passenger rail service on the Delmarva Peninsula. This study proposed to utilize existing freight
lines owned by Norfolk Southern and the Maryland and Delaware Railroad. The study
concluded that tourism growth in Sussex County and Worcester County, Maryland, appears to
make passenger service more feasible than ascertained in previous studies. A passenger stop
was not recommended for Clayton.
Freight Service
Recently, the Delmarva Central Railroad Company (DCR) began freight operations along the
Norfolk-Southern tracks that run through Clayton. Unlike Norfolk Southern, whose focus is on
nationwide freight movement, DCT provides regional freight transport. The company operates
162 miles of rail line from near Porter south to Pocomoke City, Maryland and from Harrington
to Frankford. DCR has interchanges with Norfolk Southern, in addition to several short lines on
the Delmarva Peninsula. DCR's headquarters are in Harrington, and its operations are based
from Harrington, Dover, Seaford, and Delmar.
Delmarva Central train passing through Clayton, photo by Linda Raab, 10/07/2017
Town of Clayton 2018 Comprehensive Plan Update
83
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Though Clayton generally supports freight operations, there is a concern about DCR trains that
are stopped for long periods of time at the three rail crossings (Main Street, Smyrna Avenue,
and Wheatleys Pond Road) within the town limits. Main Street and Wheatleys Pond Road are
not only important east-west routes between U.S. 301 and U.S 13, but they are also critical
local roadways.
When trains block railroad crossings, patient transport to hospitals is delayed since there is only
one ambulance company (David C. Harrison) serving the entire Clayton-Smyrna area. Even
though the Citizens Hose Company in Smyrna can respond to calls for EMS and fire-fighting east
of the railroad, blocked crossings can interfere with assistance that the Clayton Fire Department
could provide to Citizens Hose (see Map 4).
Non-Motorized Transportation
This section looks as statewide bicycle connections, local trails and pathways, and sidewalks in
Clayton.
Statewide Bicycle Connectors
In October 2005, a statewide bicycle plan (Delaware Bicycle Facilities Master Plan) was
adopted. Its primary purpose is "to recognize bicycle facilities as an integral part of the
transportation system and provide suitable accommodations for bicycles on the statewide
roadway network." The plan designates a network of bicycle facilities and makes
recommendations for bikeway design.
Two bicycle routes in the state plan go directly through Clayton's corporate limits. State Bicycle
Route 1, which runs through Clayton along Duck Creek Parkway, School Lane, and Wheatleys
Pond Road, is part of a 37-mile route that begins in New Castle County, passes through Dover
and Sussex County, and on to Maryland. K-1, a regional route, runs east from the Maryland
state line along SR 6 through Clayton to Woodland Beach. A third designated route is a regional
connector running north and south on U.S. Route 13 through Smyrna.
Trails and Pathways
Trails and pathways are facilities for walking, biking, or hiking. They are important to a
community because they provide opportunities for getting from place-to-place without
vehicles. In addition, they often lead to recreation areas or to areas for shopping or socializing.
That, in turn, contributes to healthy living.
Existing Trails and Pathways
Table 15 identifies existing trails and pathways in the Clayton vicinity, and Map 10 shows their
locations. As the map indicates, there are three existing (completed) pathways. Of the three,
two are in Clayton.
84
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Table 15. Existing Trails and Pathways
Greens Branch
Multi-Use Trail
1.14-mile, multi-use, asphalt pathway between Duck Creek
Parkway, High Street, Providence Drive, and North Main Street
Duck Creek
Parkway Path
0.42-mile, asphalt pathway west of Greens Branch Trail along Duck
Creek Parkway to North Bassett Street
Coldwater
Community Path
0.20-mile, asphalt pathway from Underwoods Corner Road to
Coldwater Creek along Wheatleys Pond Road (part of the statewide
bike routes)
Source: FirstMap; Dover/Kent County MPO Regional Bicycle Plan, Adopted September 2011, pages 76 and 78.
Issues and Opportunities
Working with the Dover/Kent County MPO (Metropolitan Planning Organization), proposed
pathways and trails shown on Map 10 were developed. The Dover/Kent County MPO is the
federally-designated agency responsible for coordinating transportation planning and
programming in Kent County, Delaware, including all of Milford and Smyrna. Plans and
programs adopted by the MPO outline how federal transportation funds will be spent and must
comply with federal laws governing clean air and transportation. This map identifies
opportunities to extend and connect existing pathways and trails in Clayton.
Sidewalks in "Old Clayton"
The Town Council wants Clayton to be a friendly, walkable town. In 1999, the Council revamped
its subdivision ordinance to require the installation of sidewalks in all new subdivisions. They
cannot be part of the paved, travel lanes, and they must be included within rights-of-way of all
new streets and roads. Residential sidewalks must be five-feet wide, and in commercial and
industrial developments, sidewalks must be from curb to property line. In addition, the
subdivision regulations authorize the Town to require perpetual, unobstructed easements to
facilitate pedestrian access from roads to schools, parks, playgrounds, or other nearby roads.
These access easements must be at least 20-feet wide, and their locations must be indicated on
subdivision plats.
Figure 23 shows the areas that lack sidewalks or have gaps in the existing sidewalk system. The
older, residential neighborhoods north of Main Street have sidewalks that stop and start. The
area east of South Bassett Street between Wheatleys Pond Road and Dickerson Street has
fewer sidewalks than the rest of the Town.
Eliminating these gaps would go a long way toward making Clayton pedestrian friendly and
establishing connections to proposed pathways and trails. The next section makes a number of
recommendations for consideration.
Town of Clayton 2018 Comprehensive Plan Update
85
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 23. Sidewalk Gaps
86
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Goals and Recommendations for Consideration
Goals
- Safe and reliable vehicular and non-vehicular circulation within town.
- Improved transportation links to areas outside of town.
Recommendations for Consideration
- Vehicular Transportation
- Evaluate on-street parking patterns and off-street parking areas to determine if
existing areas could be used more efficiently.
- Review parking requirements in zoning ordinance.
- Rail Transportation
- Investigate eligibility for funds to acquire, rehabilitate, and operate railroad
station.
- Work with Delmarva Central Railroad to ensure that trains do not stop at Clayton
rail crossings for long periods of time.
- Explore opportunities for coordination on freight delivery with Delmarva Central
Railroad.
- Non-Vehicular Transportation
- Apply for MPO assistance and funding to develop a plan for bicycle and
pedestrian facilities; consider partnering with Smyrna to apply for a regional
plan.
- Retain public rights-of-way that later could serve as pedestrian paths, bicycle
links, or access to in-fill development.
- Support DNREC's efforts to develop the Clayton-Easton rail-trail; participate in
the design, planning, and public participation associated with the project.
- Strengthen subdivision regulations to require bike connections within
subdivisions and to pathways and trails identified in the Plan Update.
- Sidewalk Gaps
- Do a sidewalk inventory; rank areas for new sidewalks or repairs.
- Work with DelDOT and the Dover/Kent County MPO to determine eligibility for
grant and/or matching funds to fill sidewalk gaps.
- Where new development is proposed, require developers to install sidewalks as
authorized in the Subdivision Ordinance.
- Develop capital-improvements project for annual, incremental sidewalk
construction and repair.
Town of Clayton 2018 Comprehensive Plan Update
87
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 14. Land Use Plan
This chapter consists of three sections. The first describes Clayton's existing land uses. Using the
visions, goals, and recommendations formulated in this plan, the second portrays Clayton's
desired development pattern within its current boundaries and articulates the Town's position
on growth within its boundaries. The last section presents Clayton's growth and annexation
program and concludes with the Town's position on growth beyond its current boundaries.
Current Land Use
Map 11 depicts Clayton's current land uses. Current land use is a snapshot a jurisdiction's
existing development pattern. In this section, Clayton's current land use classifications are
described. The distribution of these land uses is also presented.
Land was classified on Map 11 as follows:
- Open Space. Areas used for public recreation, such as Rebar Park; open space and
recreation areas recorded in Kent County land records; and stormwater management
facilities in residential subdivisions.
- Residential. Land improved with any type of dwelling unit.
- Commercial. Land improved with retail, wholesale, sales, and service establishments,
offices, and restaurants.
- Mixed-Use. Land occupied by buildings that have more than one use, which is often a
combination of commercial and residential found primarily in Clayton's town center.
- Industrial. Land occupied by establishments where items are made, assembled,
processed, stored, or handled.
- Community Services. Land occupied by institutional or cultural establishments such as
nonprofit, social, religious, and public uses such as governmental and public safety
facilities, healthcare facilities, libraries, senior centers, places of worship, and schools.
- Utilities. Land occupied by infrastructure uses required for land use activities such as
natural gas, electric, water, sewer, and telecommunications systems.
- Vacant. Areas that have no land use activity.
- Rights-of-Way (R-O-W). Areas occupied by railroads, alleys, streets, streams, and ponds.
88
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 24 summarizes the distribution of land uses within the Town. As the chart shows, more
than 23 percent of land in Clayton is residential while almost 23 percent is vacant. Just over 20
percent is classified as open space, but most of this land is located on the New Castle County
portion of the Hanover Foods property. Nearly eight percent is used for community services,
which include Clayton Elementary School, Providence Creek Academy, First State Military
Academy, the Clayton town offices and police station, and the Clayton Fire Department.
Figure 24. Land-Use Distribution 2018
Source: Existing Land Use map; complied by the Institute for Public Administration, April 2018.
Future Land Use in Town
Map 12 depicts the land use pattern that will guide the Town's development decisions and
form the basis for the comprehensive rezoning that must follow the adoption of this Plan
Update. Figure 25 shows the parcels where future land use is changed and the zoning districts
that would be consistent with the land use changes. Except for the changes depicted in Figure
25, the Town's future land uses are the same as those in the 2008 Plan update.
Adoption of this Plan Update does not automatically enact the zoning changes shown in Figure
25. A separate ordinance to rezone must be enacted following plan adoption.
Open Space,
20.4%
Residential,
23.5%
Mixed Use, 0.05%
Commercial, 1.0%
Industrial,
5.6%
Community
Service,
7.9%
Utilities, 2.5%
Railroad, 2.8%
Vacant, 22.9%
R-O-W, 11.2%
Town of Clayton 2018 Comprehensive Plan Update
89
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 25. Future Land Use Changes
90
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Position on In-Town Growth
Clayton's position on population growth within its town boundary calls for "staying the course."
It anticipates growth consistent with the densities portrayed in the future land use map. As
Figure 25 indicates, the future land use map shows few changes to the 2008 future land use
plan.
Like its position on community character, Clayton's position on population growth in town is
supported by the responses to the questionnaire in Appendix A. As stated in the "Community
Character" section of this Plan, most respondents who expressed what they like about Clayton
identified its small-town living, walkability, and peaceful environment. They went on to indicate
a preference for Clayton remaining "pretty much as it is."
Growth and Annexation
Figure 26 charts Clayton's annexation history from 1978 to the Town's most recent annexation
in 2005. As the figure shows, the directions in which Clayton can annex are somewhat limited.
Several small parcels "sandwiched" between Clayton and Smyrna in Kent County constrain
eastward growth. SR 300 and the railroad limit growth to the southeast, because the land on
the south side of SR 300 is either part of the Town of Smyrna or would constitute more logical
extensions of Smyrna's town limits than Clayton's boundaries.
The most feasible area for Clayton's growth is west of its current boundaries, along SR 6 and
Wheatleys Pond Road (SR 300) west of the railroad. Annexation of Wheatleys Pond, Huntington
Mills (Davis Farm), Providence Crossing (Lester Farm), Old Country Farm (Mitchell Investments),
and the Green Gable Farm indicates that Clayton has already charted expansion in this
direction. Growth in a westerly direction not only would unite "Clayton West" with the heart of
Clayton, but also would create a logical area for the provision of public services.
Town of Clayton 2018 Comprehensive Plan Update
91
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 26. Annexation History Map
92
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Annexation Process
Annexation is a process where land outside of Clayton becomes incorporated into the town.
The annexation process involves complying with the Delaware Code and Clayton's charter.
State Law
Title 22, Section 101 of the Delaware Code outlines the state provisions governing municipal
annexations.
1. Areas proposed for annexation must be identified in the comprehensive plan.
2. Any parcel proposed for annexation must be contiguous to the existing municipal
boundary. "Contiguous" means that some part of a parcel proposed for annexation
must be co-terminus with the boundaries of the annexing municipality and roads or
rights-of way cannot be used to create "corridor" annexations.
3. Before a municipality can approve an annexation, a plan outlining how public services
will be provided must be approved by the state. This review is organized by the Office of
State Planning Coordination.
4. At the time of annexation, the municipality must enact an ordinance placing the newly
annexed area in a zoning district that is consistent with the comprehensive plan.
5. As part of the annexation process, a municipality must provide public notice to affected
parties and hold public hearings in a manner that complies with state and local statutes.
The public outreach must include at least a 30-day comment period.
Clayton Charter
Section 1.3 of Clayton's charter states that:
If and when two-thirds (2/3) of the property owners in unincorporated territory
contiguous to the Town of Clayton shall sign a petition seeking to have the area
in which said property owners reside annexed to the Town of Clayton and submit
the petition together with a survey of the area proposed for annexation to the
Town of Clayton...
The charter goes on to outline the procedures for annexation.
Annexation Criteria
An important factor to consider when identifying properties for annexation is the economic
feasibility of providing public services. Top priority should be given to areas where the Town
currently provides services and high priority to areas where public services can be extended
easily and economically.
The economic feasibility of service extension is especially important with regard to water and
sewer service. Clayton's Subdivision Ordinance requires that every property within the town
limits be connected to public water and sewer. To secure sewer service to Providence Crossing,
Huntington Mills, and Old Country Farm, Clayton has partnered with Kent County and the Town
of Smyrna to direct sewage to a lift station near Lake Como. Regarding water service, the Town
has partnered with Artesian Water Company to construct a well and a storage tower in the Old
Town of Clayton 2018 Comprehensive Plan Update
93
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Country Farm subdivision. Artesian supplies water service to the Wind Song subdivision, located
west of Clayton at the southeast quadrant of SR 6/15 and Alley Corner Road.
When reviewing annexation of a developed area, the condition of the area's existing
infrastructure should be carefully evaluated. In some cases, the costs of bringing roads, street
lighting, and stormwater-management facilities into compliance with Clayton's standards may
exceed the revenues and other benefits of annexation.
Another factor is plans and policies of other levels of government, relevant state and county
agencies, and school districts. High priority must be given to the state investment strategies
because they indicate where the state is most likely to allocate its resources. Serious
consideration must also be given to Kent County's growth area, which depicts the area where
the county intends to provide utilities and services. Yet another consideration is Delaware's
Farmland Preservation Program, which identifies areas earmarked for agriculture.
The Town should consider conducting a fiscal-impact analysis of the proposed development
plan during the annexation review process. This analysis should include an estimate of the
revenues that the proposed development would generate for the Town. It should also include
an estimate of the costs of bringing existing infrastructure into compliance with town
standards, as well as the costs of providing on-going town services to the area proposed for
annexation.
Annexation Areas
Drawing on the annexation criteria outlined above, this section identifies and discusses areas
suitable for annexation. Figure 27 depicts the location of each area. As Clayton's charter states,
Clayton may consider annexing only when property owners request it.
Identification of any area or property for annexation does not mean that it automatically
becomes part of Clayton, nor does it authorize Clayton to take unilateral action to annex it.
94
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Figure 27. Annexation Area Map
Town of Clayton 2018 Comprehensive Plan Update
95
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Railroad at Providence Creek
Annexation Area Map Reference--A
Number of Parcels
1
Acreage
7.4
Current Land Use
Delmarva Secondary Rail Right-of-Way
State Investment Strategy Level
1, 2, and 3
In Kent County Growth Zone?
Partially
2018 Kent County Plan Future Land Use
Industrial
Clayton Plan Future Land Use
Railroad
This parcel is recommended for annexation because it is surrounded on three sides by property
in the Town of Clayton.
Dennison's Area
Annexation Area Map Reference--B
Number of Parcels
19
Acreage
10.2
Current Land Use
17 Single-Family and Manufactured Homes;
2 Undeveloped
State Investment Strategy Level
1
In Kent County Growth Zone?
Yes
2018 Kent County Plan Future Land Use
Medium Density Residential
Clayton Plan Recommendation
Residential
This area is recommended for annexation because it is likely to be more economically feasible
for Clayton, than for Smyrna, to provide sewer service. This area drains by gravity to and is
within 2,000 feet of Clayton's sewage pumping station on Dump Road. Most of the homes in
this area were constructed in the 1950s and 1960s and are served with individual wells and
septic systems. Lots range in size from 14,000 square feet to one acre, an average lot being
about a half-acre. A public health problem does not exist currently, but it is unlikely that the
individual septic systems can continue to provide adequate waste removal indefinitely.
Although it may be economically feasible to extend water and sewer service to this area,
Clayton must also evaluate the condition of the infrastructure serving the area, especially roads
and streets. If these facilities do not meet Clayton's standards, Clayton should require that they
meet town standards as a condition of annexation. In addition, public water should be
extended in conjunction with sewer service.
Another issue affecting the annexation of this area is the most appropriate zoning for the
property following annexation. Most of the parcels in this area are larger than the 10,000-
square-foot minimum lot size of the RS Zone, Clayton's least-dense zone. Although placing the
area in the RS Zone might enable the owners of the larger lots to subdivide their properties into
96
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
smaller lots; the existing road pattern and placement of structures on each lot precludes
resubdivision of most lots.
Chandler Property
Annexation Area Map Reference--C
Number of Parcels
1
Acreage
1.0
Current Land Use
Residential
State Investment Strategy Level
1
In Kent County Growth Zone?
Yes
2018 Kent County Plan Future Land Use
Medium Density Residential
Clayton Plan Recommendation
Residential
This property is recommended for consideration for annexation because it is more closely tied
to Clayton than to Smyrna. In addition, Clayton can extend services to it.
Johnson Property
Annexation Area Map Reference--D
Number of Parcels
1
Acreage
1.7
Current Land Use
Undeveloped
State Investment Strategy Level
1
In Kent County Growth Zone?
Yes
2018 Kent County Plan Future Land Use
Medium Density Residential
Clayton Plan Recommendation
Residential
Until recently, this property was assumed to be included within Clayton's town boundary.
Accordingly, it is recommended for consideration for annexation to solidify Greens Branch as
Clayton's boundary. Residential land use should be considered because it would maintain
consistency with the land use pattern in the area surrounding this parcel. In addition, Clayton
can logically extend services to it.
Town of Clayton 2018 Comprehensive Plan Update
97
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
SR 6/300 Triangle
Annexation Area Map Reference--E
Number of Parcels
14
Acreage
10.1
Current Land Use
13 Single-Family; 1 Undeveloped
State Investment Strategy Level
1 and 2
In Kent County Growth Zone?
Yes
2018 Kent County Plan Future Land Use
Commercial
Clayton Plan Recommendation
Commercial
The most compelling reason for considering annexation of these 14 parcels is that Clayton
provides electricity to them. In addition, Clayton can easily supply public water to these
properties. Further, sewer can be provided utilizing the recently constructed transmission line
on the north side of Wheatleys Pond Road between South Rodney Street and the current town
limits.
Commercial land uses are recommended for these properties as a logical continuation of the
commercial area fronting Wheatleys Pond Road east of South Rodney Street. This designation
would increase commercial acreage available to service the Smyrna Industrial Park and the
subdivisions west of the railroad. It further provides an opportunity for Clayton to diversify its
tax base.
Lebanon Chemical Corporation Property
Annexation Area Map Reference--F
Number of Parcels
1
Acreage
6.0
Current Land Use
Abandoned Fertilizer Processing Plant
State Investment Strategy Level
2
In Kent County Growth Zone?
Yes
2018 Kent County Plan Future Land Use
Commercial
Clayton Plan Future Land Use
Commercial
This property is zoned IL (Light Industrial) and was used as an agricultural fertilizer production
plant, which ceased operations several years ago. A review of the Kent County Zoning
Ordinance indicates that a fertilizer processing plant is not allowed in the IL zone. Thus, this use
has lost its legal, nonconforming status, and fertilizer production cannot resume.
It is logical to include this property within Clayton because of its location between the
Huntington Mills subdivision and the railroad, which divides Clayton from Smyrna. Delmarva
Power supplies electricity to the property, and Clayton can easily provide water and sewer if
requested.
98
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Commercial land use is recommended for consideration for this parcel because it provides
another opportunity for neighborhood retail and/or offices to serve the residential
communities west of the railroad. Review of a development plan for this parcel should consider
the following:
- Soil contamination that might have resulted from chemical processing operations
- Allowing one access point located a safe distance from the railroad crossing
- Ensuring compatibility with homes in adjacent Huntington Mills and residential
properties fronting on Wheatleys Pond Road. This could be accomplished by placing
new structures close to the railroad away from homes. Another way to minimize
adverse effects might be to work with a developer to install plantings and fencing along
the border with Huntington Mills.
Wheatleys Pond Road Single-Family Area
Annexation Area Map Reference--G
Number of Parcels
15
Acreage
8.4
Current Land Use
13 Single-Family; 2 Undeveloped
State Investment Strategy Level
2
In Kent County Growth Zone?
Partially
2018 Kent County Plan Future Land Use
Medium Density Residential
Clayton Plan Recommendation
Residential
That Clayton supplies electricity to the homes in this area validates their recommended
inclusion within Clayton's town limits. Furthermore, these homes are served with individual
well and septic systems. Should it become necessary to provide, or should the home owners
wish to receive, water and sewer service, it is likely to be economically feasible for Clayton to
provide service, since the Town has extended sewer lines to service the adjacent Huntington
Mills subdivision.
Residential land use is recommended for these lots to continue the current land use pattern.
Even though the 15 lots are substantially larger than the 10,000-square-foot minimum for lots
in the RS Zone, resubdivision, though theoretically possible, is unlikely to occur given the
placement of existing structures and the requirements for new construction, particularly
access. Since these lots front Wheatleys Pond Road, which is a state road, they present no
problems regarding road standards.
Town of Clayton 2018 Comprehensive Plan Update
99
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Hanover and Davis Farms Area
Annexation Area Map Reference--H
Hanover
Home Farm
Franczek
Property
John Irving
Davis Farm
Davis Frontage
Properties
Number of Parcels
1
1
1
4
Acreage
130.0
10.0
149.2
4.4
Current Land Use
Agriculture
Single-Family Agriculture
Single-Family
State Investment Strategy Level
3
3
3
3
In Kent County Growth Zone?
Part
No
No
No
2018 Kent County Plan Future
Land Use
Low Density
Residential
Low Density
Residential
Low Density
Residential
Low Density
Residential
Clayton Plan Recommendation
Residential
Residential
Residential
Residential
This plan includes the Hanover and Davis Farms Area for annexation because it provides an
opportunity for additional housing choices within the town, especially for growing families
wishing to settle or remain in Clayton. The Franzcek and Frontage properties are included to
avoid the creation of enclaves. If the entire area could be developed as a single community, it
could provide housing choice for all types of households as well as open space and recreation.
Greens Branch, which flows through Wheatleys Pond, and the rail spur provide an opportunity
to connect these properties to other Clayton neighborhoods with walking and bike paths, thus
implementing this plan's recreation, open space, and transportation recommendations. These
properties also present an opportunity for Clayton to create open space under the mandatory
dedication standards of Clayton's Subdivision Regulations or to acquire land on which to
provide public open space and recreational opportunities. They also create an opportunity to
create additional vehicular, bike, and pedestrian connections between "Clayton West" and the
town center.
Three issues affect the development of these properties. The first is sewage service. A pumping
station would be required to direct sewage into the Clayton system. A second issue is the
floodplain associated with Greens Branch. Homes should be located a sufficient distance from
the boundary of this floodplain. A third issue affecting the Franczek property is the substantial
wetlands in its northwest corner.
100
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
A development plan for the Davis and Hanover Farms should consider including the following
elements:
- A cluster layout that features a variety of housing types.
- Designation of the stream and floodplain as open space.
- Vehicular connectivity between the parcels (if developed at different times), with the
rest of the town, and to Millington and Underwoods Corner Roads.
- Bike and walking paths that lead to the town center and to the Clayton-Easton Rail-Trail.
- Open space to tie into Wheatleys Pond, within subdivision process.
- Incorporation and buffering of the frontage properties.
Further development for the Franzcek property should consider including the following
elements:
- Designation of the stream and floodplain as open space.
- Connection to the Clayton-Easton Rail Trail.
- A buffer between the wetlands and platted lots.
Byler and Pheasant Point Area
Annexation Area Map Reference--I
Byler Subdivision
Pheasant Point
Subdivision
Number of Parcels
16
61
Acreage
29.0
67.0
Current Land Use
6 Single-Family; 10 Undeveloped 61 Single-Family
State Investment Strategy Level 4
4
In Kent County Growth Zone?
No
No
2018 Kent County Plan Land Use Low Density Residential
Low Density Residential
Clayton Plan Recommendation
Residential
Residential
These properties are recommended for annexation for the following reasons:
- A logical town boundary and utility-service area for Clayton would be established.
- Enclaves (county land surrounded by land within municipal boundaries) would not be
created.
- Water service can be supplied by Clayton and Artesian.
- Clayton and Kent County can provide sewer service utilizing the county lift station near
Lake Como.
- Clayton can easily provide other services, especially police protection.
Town of Clayton 2018 Comprehensive Plan Update
101
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Sensenig Property
Annexation Area Map Reference J
West of Railroad East of Railroad Railroad
Number of Parcels
1
1
1
Acreage
126.5
78.9
3.6
Current Land Use
Agriculture
Agriculture
Rail Line
State Investment Strategy Level
4
4
4
In Kent County Growth Zone?
No
No
No
2018 Kent County Plan Land Use
Low Density
Residential
Low Density
Residential
Low Density
Residential
Clayton Plan Recommendation
Residential
Residential
Railroad
These properties are recommended for annexation as a logical extension of Clayton's
boundaries to Alley Corner Road (SR 15) and Underwoods Corner Road. The road, together with
the agricultural easement bordering the Green Gable Farm and the Sensenig property, form a
strong transition from municipal development to the rural character south and west of Alley
Corner Road.
The issues affecting the development of this property are similar to many of the other
properties recommended for annexation, especially the economic feasibility of extending sewer
service. A development plan for this parcel should consider including the following elements:
- Cluster layout that provides for a variety of housing types.
- Usable open space in the areas created by clustering.
- Pedestrian and bike connections to the school site in the Old Country Farm subdivision,
the Green Gable Farm, Alley Corner Road, and Wheatleys Pond Road (which is a state
bicycle route).
- Vehicular connectivity to the Green Gable Farm.
Areas Not Recommended for Annexation
The following areas are not recommended for annexation in this plan.
- Twin Farms, Gunners Run, Wind Song Farm, and the lots on the east side of Alley Corner
Road (SR 15) because they are, or are soon to be, developed.
- The Hurd property, because it would not be contiguous with Clayton's future
boundaries and since annexation of Twin Farms, Wind Song Farm, and the lots fronting
the east side of Alley Corner Road are not proposed for annexation.
- Plantation Crossing, Jockey Hollow Farm, and Kentbourne because of their locations
west of Alley Corner Road--a logical future boundary for Clayton.
- Hanover Foods Plant, since Clayton lacks sufficient sewage transmission capacity to
service the plant.
102
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
- Agricultural Preservation Areas depicted on Map 2, since they are more appropriately
left in Kent County, and they form a logical transition from urban to rural density.
Though this plan does not recommend the areas identified above for annexation, the Clayton
community remains concerned about becoming the de facto service provider (electricity, water,
sewer, police) for these and other nearby areas that are not within its corporate limits.
Position on Town Growth and Annexation
Although this Plan Update identifies areas as suitable for annexation, Clayton is not looking to
annex territory in the near future. As indicated Appendix A, questionnaire respondents clearly
articulated their preferences that Clayton maintain its small-town atmosphere and not annex
new territory. This is not to say that annexation petitions would automatically be denied;
rather, they will be considered on a case-by-case basis.
Town of Clayton 2018 Comprehensive Plan Update
103
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Chapter 15. Implementation Tools
The Comprehensive Plan is the key component of the municipal planning process. The land use
map depicts the general locations for, character of, and density of development in Clayton. It
serves as a basis for the community's subsequent decisions concerning new development and
redevelopment. This section describes many of the mechanisms referred to in the
"Recommended for Consideration" sections at the end of each chapter. It also includes
recommendations to keep these implementation tools current.
Required Implementation Actions
Following adoption of a comprehensive plan, each jurisdiction must comply with the following
provisions of the Delaware Code:
Comprehensive Rezoning
Title 22, Section 702(c) of the Delaware Code, requires that every municipality:
... within 18 months of the adoption of a comprehensive
development plan or revision thereof, amend its official zoning
map to rezone all lands within the municipality in accordance
with the uses of land provided for in the comprehensive
development plan.
Map 13 depicts Clayton's zoning districts as of December 2011. Clayton must adopt a new
zoning map within 18 months of the adoption of this Plan Update. The zoning districts in the
new zoning map must reflect future land uses. Table 16 shows how Clayton's zoning districts
might match up with the land uses depicted on Map 12. These match ups are intended as
guidance for the Town Council to consider during the rezoning process. They are not intended
to preclude the development of new zoning districts or revisions to the zoning ordinance, the
subdivision ordinance, or any other land use regulations. A separate ordinance to rezone must
be enacted following adoption of a comprehensive plan.
Plan Update
Title 22, Section 702(e) of the Delaware Code also requires that:
At least every 5 years a municipality shall review its adopted comprehensive
plan to determine if its provisions are still relevant given changing conditions
in the municipality or in the surrounding areas. The adopted comprehensive
plan shall be revised, updated and amended as necessary, and re-adopted at
least every 10 years.
Clayton's last complete plan update was adopted on December 8, 2008 and certified by the
governor on January 7, 2009. Since this document is a full plan update, the next full plan update
will be due in 2028. In 2023, which is five years following this update, the plan must be
104
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
reviewed to determine whether it is sufficient to guide Clayton's development decisions
through 2028.
Table 16. Land Use and Zoning Link
Land Use Zoning District(s)
Open Space OS, Open Space
Residential OS, Open Space
RS, Residential Suburban
R, One-Family and Townhouse
R1, Multiple-Family
RMH, Residential Manufactured Housing
Town Center OS, Open Space
TC, Town Center
Commercial OS, Open Space
C1, Neighborhood Commercial
C2, General Commercial
Industrial OS, Open Space
I, Industrial
Railroad OS, Open Space
RR, Railroad
Annual Report
Title 22, Section 702(f) of the Delaware Code requires the submission of annual reports to
Office of State Planning Coordination each July 1.
Land Use, Building, and Property-Maintenance Codes
Land use (zoning and subdivision), building, and property-maintenance codes are perhaps the
most important (and visible) plan-implementation strategies. The comprehensive plan
recommends general locations, character, and density of development, but the codes and
ordinances adopted to implement the plan are laws with penalties for violation. Land use codes
(zoning and subdivision) legislate permitted uses in each zone and stipulate how undeveloped
land can be made suitable for development. Building codes govern construction standards, and
property-maintenance codes insure that, once built, premises are kept in good condition.
Land Use (Zoning and Subdivision) Codes
The zoning ordinance consists of a written document and a map. It divides a municipality into
districts or zones and establishes regulations governing the use of land in each district. The
ordinance specifies what types of activities (uses) can occur in each district either as a matter of
right (in all circumstances) or under certain conditions (conditional uses). It also regulates
Town of Clayton 2018 Comprehensive Plan Update
105
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
building height, lot sizes, setbacks, yards and green space, the number and sizes of signs, space
for off-street parking, and environmental-protection standards.
Subdivision refers to the process of splitting up or assembling land for development. The
regulations governing this process designate utility locations, street rights-of-way, open space,
and common areas. They also outline the services, such as water, sewer, gas, and electricity,
and amenities that a developer must supply prior to the sale of subdivided land.
Clayton's first zoning and subdivision ordinances were adopted in 1979. Working closely with
the Planning and Zoning Committee, the Clayton Town Council completely revised the Zoning
Ordinance in 1998 and the Subdivision Ordinance in 1999. Since then, several amendments
have been adopted to each ordinance. Over the last 15 years, a number of local governments
have merged zoning and subdivision regulations into a single ordinance. Accordingly, it is
recommended that Clayton also consider consolidating its zoning and subdivision regulations.
Building Code
A building code establishes standards for the construction of new buildings and additions or
substantial changes to existing buildings. A building code specifies the types of materials that
may or may not be used and mandates standards for structural integrity and general design.
Clayton contracts with First State Inspection Agency, Inc. for the administration of building
regulations. To ensure compliance with the provisions of the building code, permits are
required, and inspectors make routine inspections at certain milestones in the construction
process.
Clayton has adopted the International Code Council's International Building Code (IBC)/
International Residential Code (IRC), 2012 Edition as the Town's official building code.
Property-Maintenance Code
A property-maintenance code establishes standards regarding how a structure is to be
maintained once it is built. It is different from a building code, which specifies regulations for
construction. Property-maintenance codes deal with occupancy (number of persons per room),
plumbing and heating (e.g., minimum and maximum temperature), and fire safety. It also sets
standards for getting into, getting out of, and moving around a residence by regulating such
things as corridors, obstructions to exits and entrances, and access to bedrooms and
bathrooms.
Clayton has adopted the International Code Council's International Property Maintenance
Code, 2012 Edition.
Code Enforcement
Code enforcement is important for Clayton. Town staff work with inspectors from First State
Inspection for the enforcement of zoning, subdivision, building, and property maintenance
codes.
106
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Capital-Improvements Programming
Capital-improvements programming is a process of scheduling public physical improvements
over a number of years, with a typical program covering five to six years. A capital-
improvements program (CIP) is the document that reflects the outcome of capital-
improvements programming. Once adopted, this program would become Clayton's fiscal plan--
or schedule--for financing public improvements over time. A capital improvement is a new or
expanded physical facility that is relatively large in size, expensive, and permanent. Typical
capital-improvement projects include street construction or resurfacing, water-transmission
lines, street lighting, downtown redevelopment projects, sidewalk improvements, and land
acquisition. The CIP schedule balances a jurisdiction's need for public facilities with its ability to
pay for them. By planning its capital improvements over a number of years, a jurisdiction
stabilizes public expenditures and avoids sharp fluctuations in the tax rate. In addition, the
process of programming capital improvements includes setting priorities on capital
expenditures based on available funds, public need, and community support.
This plan identified several areas where capital-improvements programming could help Clayton
identify needed public improvements and plan for accomplishing them.
One type of capital-improvement project could be a revolving fund for land acquisition for open
space. Each year the council could channel a portion of revenues to a separate fund that could
be tapped when an opportunity to purchase recreational land becomes available. These funds
might also be used to match state contributions to acquire recreational land.
Another capital project might involve establishing a sinking fund for periodic repair and upgrade
to the water and sewer systems. This ensures that sufficient funds are available for an
unanticipated expenditure and would enable Clayton to spend a little money each year on
routine maintenance to avoid a major overhaul of the systems and the large expenditure
associated with it.
A similar sinking-fund arrangement might be appropriate for town beautification, where the
Town Council would set aside a little money each year for street furniture, new signs, and trees
for the town center. These funds could be used in conjunction with funds and technical
assistance from state agencies to develop a town center-revitalization program.
Healthy Communities Initiative
A community that supports healthy lifestyles is one that provides opportunities for physical
activities and healthy eating. Clayton already has a number of laws, regulations, and policies
aimed at encouraging healthy lifestyles. This Plan Update recommends for consideration
continuing support for these efforts as well as a number of new recommendations for healthy
living.
- This Plan Update recommends for consideration a system of trails and pathways.
Town of Clayton 2018 Comprehensive Plan Update
107
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
- Dedication of land for open space is a requirement for development approval in Clayton.
In addition, each new subdivision must have a system for non-vehicular connection
within the subdivision and to adjacent communities where feasible.
- Clayton continues to support development of the Clayton-Easton Rail Line as a rail-trail.
- Clayton's Subdivision Regulations require five-foot wide-sidewalks in residential
subdivisions. In nonresidential areas, sidewalks must extend from curb to property line.
Boundary Maintenance
Section 1.2 of the Clayton Charter authorizes recordation of the Town boundaries with the
Recorder of Deeds. For the past several years, the Office of State Planning Coordination has
worked with municipalities to record their official boundaries with the Recorder of Deeds in
their respective counties. The purpose for this is to clear up confusion and provide official
repositories for official municipal boundaries.
On August 11, 2014, the Clayton Town Council adopted an ordinance establishing an official
map depicting the town boundaries. The ordinance and map were recorded on September 2,
2014 with the Kent County Recorder of Deeds and on August 25, 2014 with the New Castle
County Recorder of Deeds.
Intergovernmental Coordination
Over the years, Clayton has sought assistance from various county agencies on a number of
issues. Clayton has enjoyed an ongoing relationship with Kent County since 1978, when the
county planning staff helped Clayton adopt its first comprehensive plan. As pointed out earlier,
this relationship must be strengthened to achieve land use patterns in the county that
complement Clayton's development densities.
Recently, Clayton offered comments on Kent County's 2018 Comprehensive Plan and worked
with county staff to resolve issues concerning proposed future land uses for the Davis and
Hanover Home Farms.
With respect to state agencies, the PLUS process has encouraged closer ties between Clayton
and the PLUS members. Many state agencies have provided guidance on plan elements outside
of the formal PLUS review meetings. Particularly significant is the solid relationship that has
been forged between Clayton and the Office of State Planning Coordination. State planning
staff have been instrumental in identifying and solving local planning issues, especially those
that cross jurisdictional boundaries.
108
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
INTENTIONALLY BLANK
Town of Clayton 2018 Comprehensive Plan Update
109
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Maps
This section includes the maps referred to throughout this document.
Map 1.
Clayton Vicinity Aerial View
Map 2.
State and County Planning Environment
Map 3.
Water Resources
Map 4.
Community Facilities
Map 5.
Clayton-Smyrna Region Major Park and Recreation Areas
Map 6.
Clayton Vicinity Park, Open Space, and Recreation Areas
Map 7.
Clayton Vicinity Utilities
Map 8.
Source-Water-Protection Areas
Map 9.
Roads, Routes, Railroads, and Scenic Byway
Map 10.
Clayton Vicinity Trails & Pathways Issues & Opportunities
Map 11.
Current Land Use
Map 12.
Future Land Use
Map 13.
Existing Zoning
Wheatley's Pond
SUNNYSIDE ROAD
S CARTER RD
ALLEY CORNER RD
ALLEY MILL RD
MILLIINGTON RD
BRENTFORD RD
WHEATLEYS POND RD
CLAYTON DELANEY RD
MAIN ST
W GLENWOOD AVE
RABBIT CHASE LN
W DUCK CREEK PKWY
DUCK CREEK RD
UNDERWOODS CORNER RD
SCHOOL LN
W SOUTH ST
VANDYKE GREENSPRING RD
SMYRNA-CLAYTON BLVD
N BASSETT ST
MAIN ST
DUCK CREEK RD
300
1
15
6
15
300
6
15
6
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
13
New Castle County
Kent County
M
i
l
l
C
re
e
k
Provi
denc
e
Creek
Du
c
k
C
r
ee
k
P
aw
P
aw
Branc
h
G
r
e
en
s Bra
nch
G
r
e
e
n S
p
ring B
r
a
nch
G
r
e
ens B
r
anc
h
M
i
l
l
C
r
e
e
k
Lake Como
Duck Creek Pond
Esri, USDA Farm Service Agency
Map 1. Clayton Vicinity
Aerial View
Sources
Imagery - ESRI; USDA Farm Service Agency National Agriculture
Imagery Program (NAIP), accessed 05/03/2018.
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/06/2016; Clayton boundary recorded in New Castle County
on 08/25/2014, in Kent County on 09/02/2014.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
0
2,000
4,000
1,000
Feet
County Boundary
Clayton Town Boundary
Smyrna Town Boundary
U.S. Roads
State Roads
Local Roads
Railroads
Streams
Water Bodies
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
110
New Castle County
Town of Clayton
Town of Clayton
Town of Smyrna
SMYRNA
CLAYTON
Town of Clayton
Kent County
New Castle County
Kent County
Wheatley's Pond
300
15
6
6
15
15
300
6
13
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
SUNNYSIDE ROAD
ALLEY CORNER RD
S CARTER RD
MAIN ST
MILLIINGTON RD
WHEATLEYS POND RD
W GLENWOOD AVE
BRENTFORD RD
CLAYTON DELANEY RD
RABBIT CHASE LN
W DUCK CREEK PKWY
DUCK CREEK RD
UNDERWOODS CORNER RD
SCHOOL LN
W SOUTH ST
SMYRNA-CLAYTON BLVD
W COMMERCE ST
N BASSETT ST
MAIN ST
Mi
ll C
r
e
e
k
G
reen
s
B
r
anch
P
rovid
e
nce
Cre
ek
Gr
e
en
s
B
ranch
M
ill
C
r
e
ek
Lake Como
Duck Creek Pond
0
2,000
1,000
Feet
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Streets
Railroads
Water
Bodies
Streams
Map 2. State and County
Planning Environment
Strategies for State Policies & Spending
Investment Levels 2015
Level 1
Level 2
Level 3
Level 4
Out of Play
Kent County Planning 2018
Kent County Growth Zone
Sources
State Strategies - FirstMap, downloaded 05/31/2016.
Agricultural Preservation - FirstMap, downloaded 06/27/2017.
Municipal Boundaries - Smyrna from FirstMap, downloaded
04/05/2018;
Clayton boundary recorded in New Castle County on 08/25/2014,
in Kent County on 09/02/2014.
Kent County Growth Zone - 2018 Comprehensive Plan, Draft #1.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - Firstmap.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
Agricultural Preservation Areas 2017
Easements
Districts &
Expansions
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
"Out of Play" examples include 1.0% annual
chance flood-hazard areas, recorded open
spaces, publicly owned land, water bodies,
tidal wetlands, and agricultural easements.
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
111
Wheatley's Pond
ALLEY CORNER RD
MILLIINGTON RD
SUNNYSIDE ROAD
MAIN ST
S CARTER RD
CLAYTON DELANEY RD
DUCK CREEK RD
UNDERWOODS CORNER RD
WHEATLEYS POND RD
W DUCK CREEK PKWY
W GLENWOOD AVE
SCHOOL LN
SMYRNA-CLAYTON BLVD
N BASSETT ST
300
6
15
6
15
15
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
New Castle County
Kent County
M
ill
C
r
e
e
k
G
r
e
e
ns
Bra
nch
Provide
n
c
e
Cree
k
P
aw Paw
B
r
an
ch
Mil
l
C
re
ek
G
reens
B
ra
nch
Duck Creek Pond
Lake Como
300
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Streets
Railroads
Map 3. Water Resources
0
1,000
2,000
3,000
500
Feet
Sources
Railroads, Water Bodies, Streams, Wetlands, Recharge &
Wellhead Protection Areas - FirstMap.
Flood Hazard Areas - Federal Emergency Management Agency
(FEMA), National Flood Hazard Layer, latest study effective
03/07/2017, latest LOMR effective 11/18/2016.
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/16/2016; Clayton boundary recorded in New Castle County
on 08/25/2014,
in Kent County on 09/02/2014.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
Flood Hazard Areas
1.0% Annual Chance - A, AE, AH, AO,
AR, A1-A30, V & VE , Zones, 100-
Year Flood
0.2% Annual Chance - Shaded "X"
Areas, 500-Year Flood
Minimal Flood Hazard - Outside of
0.2% & 1.0% Annual Chance Flood
Wellhead, Wetland & Recharge Areas
Excellent-Groundwater-
Recharge-Potential Areas
Wellhead-Protection Areas
Wetlands
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Streams & Water Bodies
Streams
Water Bodies
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
112
Clayton Fire
Department
Wheatley's Pond
Smyrna MS
Smyrna ES
Smyrna HS
Smyrna ILC
Clayton ES
Clayton IS
N Smyrna ES
JB Moore IS
Sunnyside ES
Smyrna Christian
Providence
Creek
Academy
First State
Military
Academy
Citizens Hose
Company
Kent County
Medic Station 6
David C. Harrison
Ambulance Company
S CARTER RD
SUNNYSIDE ROAD
MAIN ST
BRENTFORD RD
W GLENWOOD AVE
VANDYKE GREENSPRING RD
MILLIINGTON RD
RABBIT CHASE LN
W DUCK CREEK PKWY
DUCK CREEK RD
WHEATLEYS POND RD
UNDERWOODS CORNER RD
ALLEY CORNER RD
SCHOOL LN
W SOUTH ST
CLAYTON DELANEY RD
N BASSETT ST
MAIN ST
DUCK CREEK RD
300
1
15
6
300
6
15
6
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
13
New Castle County
Kent County
Mill
C
r
e
e
k
G
reen
s B
ranc
h
P
rovid
e
nce
Cr
e
ek
Gree
n
Sp
ri
ng B
r
anch
Pa
w Pa
w
B
r
a
nch
Gr
e
en
s
B
ranch
M
ill
C
ree
k
Lake Como
Duck Creek Pond
15
6
Clayton
Post Office
Clayton Public Works
Lillian Smith
Senior Center
Clayton Fire Company
Number 1, Station 45
Clayton Town Hall &
Police Headquarters
MAIN ST
WEST ST
CLAYTON AVE
SMYRNA AVE
CHERRY ALY
EAST ST
HIGHLAND AVE
WASHINGTON AVE
N BASSETT ST
ROTH ALY
Public Safety
Ambulance
Medic Station
Police
Fire
Educational Facilities
Public
Charter
Private
Town Government
Town Hall
Public Works
Civic & Social
Post Office
Library
Senior Center
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Map 4.
Community Facilities
Sources
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/16/2016;
Clayton boundary recorded in New Castle County on 08/25/2014,
in Kent County on 09/02/2014.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Streets
Railroads
Water Bodies
Streams
0
2,500
1,250
Feet
0
250
125
Feet
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
113
2
WHEATLEYS POND ROAD
MILL
I
N
GTO
N ROAD
CLAYTON DELANEY ROAD
VANDYKE GREENSPRING ROAD
MASSEY CHURCH ROAD
EAGLES NEST ROAD
SHORTS
L
ANDING ROAD
GRAVESEND ROAD
S
M
YR
N
A LEIPSIC
R
O
A
D
FAST LANDING
ROA
D
SMYRNA LEIPSIC ROAD
PADDOCK ROAD
BLACKBIRD GREENSPRING ROAD
BI
G O
A
K
R
O
AD
BIG WOODS ROAD
HAY POINT LANDING ROAD
BLACKBIRD FOREST ROAD
BLACKBIRD STATION ROAD
BLACKISTON ROAD
HURD ROAD
GARDNER ROAD
M
i
l
l
C
re
e
k
Le
i
psi
c
Ri
v
e
r
Sm
y
rna R
iver
Blac
kb
ird
Creek
S
aw
m
ill
Branc
h
Duc
k
Cre
e
k
S
n
ows
Branc
h
Cor
k
s
P
o
in
t
Ditch
M
o
rris
Br
a
n
c
h
Spruan
ces
Br
a
nch
Dyk
e B
r
a
n
ch
H
awk
e
y Bra
nch
Garrisons Lake
1
6
300
15
15
6
15
1
15
New Castle County
Kent County
13
Blackbird State Forest
Woodland Beach Wildlife Area
Cedar Swamp Wildlife Area
Blackbird Reserve Wildlife Area
Blackiston Wildlife Area
Big Oak Park
Garrisons Lake Golf Club
Bombay Hook National Wildlife Refuge
Boys & Girls Club
Garrisons Lake
Lake Como
Masseys Millpond
Duck Creek Pond
Map 5. Clayton-Smyrna Region
Major Park & Recreation Areas
Sources
Park & Recreation Locations, Streets, Water
Bodies & Streams, Railroads - FirstMap.
Municipal Boundaries - Smyrna from FirstMap downloaded
03/05/2018; Clayton boundary recorded in New Castle County
on 08/25/2014, in Kent County on 09/02/2014.
Streets - Kent County Department of Planning Services,
05/21/2014; New Castle County eMap, 05/30/2014.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
0
1
2
0.5
Miles
Park & Recreation Locations
County Boundary
Clayton Boundary
Smyrna Boundary
Roads
Railroad
Water Bodies
Streams
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
114
Jim Vaughn Sr. Park
Hanover Foods
Theresa Millman
Memorial Park
George G. Wright Jr. Park
Swim Club
Lake Como
Recreation Area
Sunnyside Park
Bon Ayre Park
Boys & Girls Club
Rebar Park
G
re
ens B
ran
c
h Tra
il
D
u
ck Cr
e
ek Pkwy
P
a
th
Clayton-Easton Rail-Trail
OPEN SPACE OPPORTUNITY
Small pond likely makes property
undevelopable.
ISSUE: Property is privately owned.
OPEN SPACE OPPORTUNITY
Property in floodplain and wetland area.
ISSUE: Property is privately owned.
6
OPEN SPACE OPPORTUNITY
When Green Gable Farm developed
per Clayton Subdivision Ordinance
6
15
300
6
Wheatley's Pond
Mill Creek
Park
Green
Meadows
Park
Smyrna MS
Smyrna ES
Smyrna HS
Smyrna ILC
Clayton ES
Clayton IS
N Smyrna ES
JB Moore IS
Sunnyside ES
Providence
Creek
Academy
First State
Military
Academy
300
15
13
Lake Como
Duck Creek Pond
SUNNYSIDE RD
S CARTER RD
N MAIN ST
MAIN ST
S DUPONT BLVD
W SOUTH ST
W
HEATLEYS POND RD
RABBIT CHASE LN
L
AK
E D
R
W COMMERCE ST
W DUCK CREEK RD
S MAIN ST
N
S
CHOOL LN
DUCK CREEK PKWY
W GLENWOOD AVE
N HIGH ST
ARTISAN DR
E
CO
MM
E
RCE ST
UNDERWOODS CORNER R
D
KENT WAY
SCHOOL LN
SMYRNA CLAYTON BLVD
R
TE 1 SB
WINNOW DR
PAU
L D
R
BRENFORD RD
COLD
W
A
T
E
R
D
R
TRACER DR
WIND SONG DR
SMYRNA AVE
RAMUNNO DR
JIMMY DR
CINDY LN
W NORTH ST
WEST ST
VILLA D
R
S SC
H
OOL LN
N DUPONT BLVD
LAK
E
D
R
W
N BASSETT ST
BON AYRE LN
SAKS ST
S UNION ST
TREVI DR
OAK DR
DO
Y
L
E
S
T
OW
N
R
D
JOHNS RD
SOUTHERN VIEW DR
ZELKOVA RD
CLIMBING VINE AVE
C
L
AYTON DR
MAGNOLIA AVE
S DELAWARE ST
BLUEGRASS B
L
V
D
S EAST ST
L
Y
D
I
A
D
R
FURIES ST
D
AIRY DR
FIRST AVE
LEXINGTON AVE
SALE
R
NO D
R
AMALFI
DR
E NORTH ST
SENTIR WAY
AL
EXANDRIA W
AY
ANNA RD
F
O
XWOO
D DR
BALDWIN DR
STOWE LN
KIRKWOOD ST
E COOK AVE
PR
E
ST
ON LN
TO
S
CANO D
R
GORGONS AVE
GLADWYNE RD
COLLINS AVE
TYLER LN
DIC
K
ERSON ST
W MOUNT VERNON ST
GR
EE
N
S BRA
N
C
H
LN
DEVON RD
CRE
S
C
ITA
L
N
PRIVET DR
N CARTER RD
VILL
A
NOVA LN
A
L
T
O
N
A
VE
DO
WNIN
GT
O
WN RD
ALLEY CORNER RD
CHERRY
A
LY
E CLARENDON DR
RIDGE RD
FENIMORE ST
E RADISON RUN
N REED ST
W
CLARE
ND
O
N
DR
N CANVASBACK CT
N LOCUST ST
PIAZZA DR
C
H
RISTIANA
RIVE
R
DR
M
ARI
A LANE
BON AY
R
E
C
I
R
FLOURTOWN LN
A
NDAR
E
BLVD
R
EDWOO
D
DR
CHALFO
N
T
RD
DE
L
A
WARE R
I
V
ER DR
SOLEBURY LN
M
AL
VE
RN LN
DORCHESTER CT
W PEMBROOKE DR
GRACIA WAY
S
UM
M
ER DR
ARC
T
IC LN
W
RADISON RUN
V
IN
C
E
NT
C
T
FRAZIER ST
BIRCHLAND DR
GENOA DR
ASHBOURNE LN
S
N
O
W
B
R
A
N
C
H
R
D
MANOR DR
S LOCUST ST
SHERIDAN LN
BA
YNARD
FARM LN
P
ROVIDE
N
CE DR
MISC
H
I
EF
LN
W
COOK A
V
E
SA
M
M
ON DR
FE
RNDALE D
R
EA
GL
E WAY
N RODNEY ST
W
H
EELE
R
CIR
MULBERRY ST
MOORES LN
BOXW
O
O
D DR
T
AMA
R
A DR
WYNDALE CT
DRI
F
T
WOOD CT
SALLY CT
IVY RDG
TRENT
I
N
O TER
CHESA
P
EAKE LN
IS
L
AN
D
LN
VIGIL CT
SUMTER CT
ROTH ALY
S DUPONT B
LVD
W MOUNT VERNON ST
NORFOLK SOUTHERN RR
Mill
C
ree
k
G
r
eens
B
ra
nch
0
1,000
2,000
500
Feet
Clayton Open Space
Existing
Proposed for
Consideration
Natural Areas
Water Bodies
Wetlands
1.0% Annual
Chance Flood
Streams
Sources
Municipal Boundaries - Smyrna from FirstMap downloaded 03/05/2018;
Clayton boundary recorded in New Castle County on 08/25/2014, in
Kent County on 09/02/2014.
Park Sites - FirstMap, Clayton & Smyrna Comprehensive Plans.
Clayton Open Space - Existing Land Use map.
Parcel Boundaries - FirstMap, downloaded 02/28/2018.
School Locations, Railroads, Wetlands, Existing Paths & Trails,
Water Bodies & Streams - FirstMap.
Streets - Kent County from Department of Planning Services; New Castle
County from e-Map, 02/28/2018.
Flood Hazard Areas - Federal Emergency Management Agency (FEMA),
National Flood Hazard Layer, <msc.fema.gov/portal/advanceSearch>,
latest study effective 03/15/2015, latest LOMR effective 06/26/2015.
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
Map 6. Clayton Vicinity
Park, Open Space &
Recreation Areas
Park & School Sites
Schools
Parks
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Parcel
Boundaries
Streets
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Downtown Development District
District Boundary
Trails & Pathways
Existing
Proposed for Consideration
See Map 10.
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
115
Wheatley's Pond
SUNNYSIDE ROAD
S CARTER RD
MILLIINGTON RD
MAIN ST
W GLENWOOD AVE
ALLEY CORNER RD
DUCK CREEK RD
UNDERWOODS CORNER RD
CLAYTON DELANEY RD
WHEATLEYS POND RD
W DUCK CREEK PKWY
SCHOOL LN
SMYRNA-CLAYTON BLVD
RABBIT CHASE LN
N BASSETT ST
W SOUTH ST
300
6
15
6
15
300
15
New Castle County
Kent County
CLAYTON
SMYRNA
M
il
l
C
r
e
e
k
Provide
n
c
e
Cree
k
G
reens
B
ra
nch
Paw
Pa
w
B
r
an
ch
Mill
C
ree
k
Duck Creek Pond
Lake Como
Map 7. Clayton Vicinity Utilities
Sources
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/16/2016;
Clayton boundary recorded in New Castle County on 08/25/2014,
in Kent County on 09/02/2014.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
0
1,000
2,000
500
Feet
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Streets
Railroads
Streams
Water Bodies
Utilities
Water Supply Well
Water Storage Facility
Water Treatment Facility
Pump Station
Lift Station
Electricity Transmission
DEMEC Headquarters
Natural Gas Storage
2018 Comprehensive Plan Amendment
Town of Clayton
Kent County and
New Castle County
Delaware
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
116
Wheatley's Pond
SUNNYSIDE ROAD
S CARTER RD
MILLIINGTON RD
W GLENWOOD AVE
DUCK CREEK RD
ALLEY CORNER RD
UNDERWOODS CORNER R
D
CLAYTON DELANEY RD
WHEATLEYS POND RD
W DUCK CREEK PKWY
SCHOOL LN
SMYRNA-CLAYTON BLVD
RABBIT CHASE LN
W SOUTH ST
MAIN ST
N BASSETT ST
W
COMMERCE ST
MAIN ST
300
6
15
6
15
300
15
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
New Castle County
Kent County
M
il
l
C
r
e
e
k
Provide
n
c
e
Cree
k
G
r
e
e
ns
Bra
nch
Paw
Pa
w
B
r
an
ch
M
i
ll
Cr
eek
G
reens
B
ra
nch
Lake Como
Duck Creek Pond
Source-Water-Protection Areas
Wellhead Protection
Excellent-Groundwater-
Recharge-Potential
Base Map Data
Clayton Boundary
Smyrna Boundary
Streets
Railroads
Water Bodies
Streams
Map 8. Source-Water-
Protection Areas
0
1,000
2,000
500
Feet
Sources
Wellhead & Excellent Recharge Areas - FirstMap,
downloaded 03/09/2017.
Municipal Boundaries - Smyrna from FirstMap downloaded
06/16/2016; Clayton boundary recorded in New Castle County
on 08/25/2014, in Kent County on 09/02/2014.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
Note
This map is provided by Institute for Public
Administration (IPA) solely for display and
reference and is subject to change without
notice. IPA makes no claims, either real or
assumed, as to the absolute accuracy or
precision of any data contained herein for
purposes other than for which the data was
intended.
2018 Comprehensive Plan Amendment
Town of Clayton
Kent County and
New Castle County
Delaware
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
117
Wheatleys Pond
SUNNYSIDE ROAD
S CARTER RD
ALLEY CORNER RD
MILLIINGTON RD
BRENTFORD RD
MAIN ST
WHEATLEYS POND RD
CLAYTON DELANEY RD
W GLENWOOD AVE
RABBIT CHASE LN
W DUCK CREEK PKWY
DUCK CREEK RD
UNDERWOODS CORNER RD
SCHOOL LN
W SOUTH ST
VANDYKE GREENSPRING RD
SMYRNA-CLAYTON BLVD
W COMMERCE ST
N BASSETT ST
MAIN ST
DUCK CREEK RD
300
1
15
6
15
300
6
15
6
New Castle County
Kent County
13
Mill
C
r
e
e
k
G
ree
n
s Bran
ch
P
r
ovid
e
nce
Cr
e
ek
Gree
n
S
p
r
ing
B
r
anch
Gre
en
s
B
r
anch
M
i
ll
C
re
ek
Lake Como
Duck Creek Pond
0
1,000
2,000
3,000
500
Feet
Map 9. Roads, Routes
Railroads & Scenic Byway
Sources
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/16/2016;
Clayton boundary recorded in New Castle County on 08/25/2014,
in Kent County on 09/02/2014.
Roads Functional Classification, Railroads, Water Bodies
& Streams - FirstMap.
Street Base Map Layer - Kent County Department of Planning
Services; New Castle County eMap, 02/28/2018.
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
Roads Functional Classification
Freeway/
Expressway
Principal
Arterial
Minor Arterial
Major
Collector
Minor
Collector
Local
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Railroads
Delmarva Secondary
Clayton-Easton Rail-Trail
Smyrna Track
State Route
300
13
U.S. Route
Routes
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Water Bodies
Streams
Delaware Byway
Harriet Tubman Underground
Railroad Byway
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
118
W GLENWOOD AVE
Jim Vaughn Sr. Park
Hanover Foods
Theresa Millman
Memorial Park
George G. Wright Jr. Park
Swim Club
Lake Como
Recreation Area
Sunnyside Park
Bon Ayre Park
Boys & Girls Club
Rebar Park
Old Country Farm
Providence Crossing
G
re
ens B
ran
c
h Tra
il
Clayton-Easton Rail-Trail
Huntington Mills
Ovations
CONNECTION OPPORTUNITY
Extension of Greens Branch Trail
Proposed path part of RR ROW abandoned in 1976
Tracks removed; ROW looks as if part of front yards.
Opportunity to coordinate with Smyrna on regional
approach to paths and trails.
Leads to two schools and Smyrna parks with baseball facilities
CONNECTION ISSUE
School Lane is narrow.
Private property adjacent
to both sides.
EXTENSION OPPORTUNITY
Continue existing path that is
part of recorded open space in
Providence Crossing subdivision
Would get bikes & peds off
Route 300 at least for a little
distance.
Green Gable Farm
No plans on file
EXTENSION OPPORTUNITY
Extend Clayton-Easton Rail-Trail
to town center and other proposed
trails and paths.
Coldwater Community Path
Duck Creek PkwyPath
Wheatleys Pond
Mill Cree
Park
Green
Meadows
Park
Smyrna MS
Smyrna ES
Smyrna HS
Smyrna ILC
Clayton ES
Clayton IS
N Smyrna ES
JB Moore IS
Sunnyside ES
Providence
Creek
Academy
First State
Military
Academy
SUNNYSIDE ROAD
S CARTER RD
MAIN ST
W GLENWOOD AVE
RABBIT CHASE LN
W DUCK CREEK PKWY
DUCK CREEK RD
UNDERWOODS CORNER RD
MILLIINGTON RD
BRENTFORD RD
W SOUTH ST
CLAYTON DELANEY RD
ALLEY CORNER RD
SMYRNA-CLAYTON BLVD
W COMMERCE ST
N BASSETT ST
MAIN ST
300
15
6
6
15
300
6
NORFOLK SOUTHERN RR
13
New Castle County
Kent County
Mi
ll
Cr
e
ek
G
r
eens
B
ra
nch
P
aw Paw
B
ra
nch
Lake Como
Duck Creek Pond
15
0
1,000
2,000
500
Feet
Sources
Municipal Boundaries - Smyrna from FirstMap downloaded
03/05/2018; Clayton boundary recorded in New Castle County
on 08/25/2014, in Kent County on 09/02/2014.
Park Sites - FirstMap,Clayton & Smyrna Comprehensive Plans.
Clayton Open Space - Existing Land Use map.
School Locations, Railroads, Wetlands, Existing Paths
& Trails, Water Bodies & Streams - FirstMap.
Streets - Kent County Department of Planning Services; New
Castle County e-Map, 02/28/2018.
Flood Hazard Areas - Federal Emergency Management
Agency (FEMA), National Flood Hazard Layer, latest study
effective 03/07/2017, latest LOMR effective 11/18/2016.
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
Map 10. Clayton Vicinity
Trails & Pathways
Issues & Opportunities
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
See Map 6.
Natural Areas
Water Bodies
Wetlands
1% Annual
Chance
Flood
Streams
Park & School Sites
School Sites
Parks
Trails & Pathways
Existing
Proposed for Consideration
Base Map Data
Clayton
Boundary
Smyrna
Boundary
Downtown Development District
District Boundary
Clayton Open Space
Existing
Proposed for
Consideration
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
119
Wheatley's Pond
SUNNYSIDE RD
MAIN ST
S CARTER RD
W SOUTH ST
WHEATLEYS POND RD
RABBIT CHASE LN
W COMMERCE ST
LAKE
D
R
WIND SONG DR
W DUCK CREEK RD
MILLINGTON RD
N
S
CHOOL LN
UNDERWOODS CORNER RD
W GLENWOOD AVE
N HIGH ST
ARTISAN DR
KENT WAY
SCHOOL LN
SMYRNA CLAYTON BLVD
RYAN RD
WINNOW DR
N MAIN ST
P
AUL
DR
CO
L
D
W
A
T
E
R
D
R
S MAIN ST
TRACER DR
SMYRNA AVE
RAM
UNNO DR
CIND
Y
L
N
W NORTH ST
WEST ST
DUCK CREEK PKWY
VILLA DR
S BASSETT ST
S SCHOOL
L
N
LAK
E
D
R W
N BASSETT ST
S RODNEY ST
S UNION ST
TREVI DR
ALLEY CORNER RD
DO
Y
L
E
S
T
OW
N RD
JOHNS RD
SORRENTO DR
SO
UTHERN VIEW DR
C
L
AYTO
N D
R
LI
BO
R
I
O
LN
S DELAWARE ST
S EAST ST
DAIRY
DR
L
Y
DI
A
DR
LEXINGTON AVE
AMALFI
DR
SENTIR WAY
ANNA RD
F
O
X
WOO
D DR
HAMILTON LN
STOWE LN
PRESTON LN
E COM
MER
CE ST
GORGONS AVE
G
LADWYNE
RD
TYLER LN
DI
C
KERSON ST
W MOUNT VERNON ST
FURIES
S
T
DEVON RD
C
RES
C
ITA
L
N
RONALD
L
N
FERND
AL
E D
R
VILL
A
NOVA LN
A
L
T
O
N
A
VE
N EAST ST
CHERRY
A
LY
F
ENIMORE ST
E
RADISO
N RUN
N REED ST
W
CLARE
N
D
O
N
DR
N CANVASBACK CT
P
I
A
Z
ZA DR
C
H
RISTIANA
R
I
VER D
R
M
A
RIA
LANE
FLOURTOWN LN
CHALFO
N
T
RD
DUMP RD
DELAWAR
E
RIVER
DR
BRENFORD RD
M
A
L
V
E
RN LN
DEAK DR
DOR
C
HESTER CT
W
PEMBROOKE DR
GRACIA WAY
S
UM
M
ER DR
ARC
T
IC LN
VI
N
CE
N
T
C
T
FRAZIER
S
T
BIRCHLAND DR
BON AYR
E
C
I
R
GENOA DR
ASHBOURNE LN
S
N
O
W
B
R
A
N
C
H
R
D
EXTON LN
GAR
DE
NSIDE
D
R
SHERIDAN LN
BA
YNARD
FARM LN
SAM
M
ON DR
R
OSA
RIO RD
EAG
L
E WAY
HUD
S
ON ST
DYLAN ST
GLENWAY AVE
W
HEEL
E
R
CIR
CUMMINS ST
E PEMB
R
O
O
KE DR
MOORES LN
RAPHA
EL RD
G
R
EENS BRA
N
C
H LN
T
A
MA
R
A DR
DRIFTWOOD CT
DANFIELD DR
SALLY CT
EDDYSTONE LN
CHESAPEAKE LN
ISL
AND
LN
SUMTER CT
W MOUNT VERNON ST
300
6
15
15
6
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
New Castle County
Kent County
M
il
l
C
r
e
e
k
Provide
n
c
e
Cree
k
G
reens
B
ra
nch
Paw P
a
w
Br
a
nch
M
ill
C
r
e
ek
Lake Como
Duck Creek Pond
15
300
6
Land Use
Open Space
Residential
Mixed
Commercial
Industrial
Community
Service
Railroad
Utilities
Vacant
Map 11. Current Land Use
Sources
Land Use Designations - Land-use survey by IPA; National
Agriculture Imagery Program (NAIP) 2017; Kent County PRIDE.
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/16/2016;
Clayton boundary recorded in New Castle County on 08/25/2014,
in Kent County on 09/02/2014.
Parcel Boundaries -FirstMap, downloaded 02/28/2018.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
0
1,000
2,000
500
Feet
6
MAIN ST
WEST ST
SMYRNA AVE
CHERRY ALY
N BASSETT ST
CLAYTON AVE
S BASSETT ST
W DUCK CREEK RD
HIGHLAND AVE
N RODNEY ST
EAST ST
INDUSTRIAL BLVD
WILSON AVE
WASHINGTON AVE
CHURCH ALY
S RODNEY ST
RAILROAD AVE
PLUM ALY
ROTH ALY
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
0
500
250
Feet
Downtown Development District
District Boundary
Base Map Data
County
Boundary
Clayton
Boundary
Smyrna
Boundary
Parcel
Boundaries
Streets
Railroads
Streams
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
120
Suitable for neighborhood commercial.
Location and size dertemined when
development plan approved.
Wheatley's Pond
New Castle County
Kent County
300
6
15
15
6
6
300
15
M
ill
C
r
ee
k
Providen
c
e
C
re
e
k
Gr
e
e
ns
B
r
anc
h
Paw Paw Branch
G
r
e
e
n
s Br
a
n
ch
Lake Como
Duck Creek Pond
13
SUNNYSIDE RD
S CARTER RD
MAIN ST
WHEATLEYS POND RD
RYAN RD
W SOUTH ST
RABBIT CHASE LN
W COMMERCE ST
BRENFORD RD
WIND SONG DR
W DUCK CREEK RD
LAKE DR
MILLINGTON RD
UNDERWOODS CORNER RD
S MAIN ST
N SCHOOL LN
W GLENWOOD AVE
ALLEY CORNER RD
N HIGH ST
ARTISAN DR
KENT WAY
SMYRNA CLAYTON BLVD
S DUPONT BLVD
SCHOOL LN
WINNOW DR
COLDWATER DR
SMYRNA AVE
TRACER DR
RAMUNNO DR
W NORTH ST
CINDY LN
S BASSETT ST
N MAIN ST
S SCHOOL LN
VILLA DR
LAKE DR W
N BASSETT ST
DUCK CREEK PKWY
TALLEY DR
S RODNEY ST
DOYLESTOWN RD
SAKS ST
TREVI DR
SORRENTO DR
JOHNS RD
SOUTHERN VIEW DR
CLIMBING VINE AVE
CLAYTON DR
S DELAWARE ST
MACON LN
LIBORIO LN
LYDIA DR
S EAST ST
FURIES ST
DAIRY DR
ZELKOVA RD
SENTIR WAY
AMALFI DR
FOXWOOD DR
ANNA RD
FERNDALE DR
STOWE LN
GORGONS AVE
TOSCANO DR
PRESTON LN
GLADWYNE RD
W MOUNT VERNON ST
ALTON AVE
CHERRY ALY
E CLARENDON DR
FENIMORE ST
N CANVASBACK CT
ASHVALE DR
N REED ST
CLAYTON AVE
PIAZZA DR
BON AYRE CIR
WILLOWWOOD DR
REDWOOD DR
SOLEBURY LN
DUMP RD
MALVERN LN
N LOCUST ST
LILAC WAY
ARCTIC LN
VINCENT CT
FRAZIER ST
PALERMO DR
W COOK AVE
DITTY LN
BAYNARD FARM LN
WEATHERALL DR
WILSON PRIVATE DR
SEDMONT CIR
SAMMON DR
HUDSON ST
GLENWAY AVE
DYLAN ST
ROBERTS DR
BOXWOOD DR
PEE WEE CT
TAMARA DR
HALLIWELL DR
TRENTINO TER
VIGIL CT
Mill Creek
Land Use in Town
Residential
Open Space
Town
Center
Commercial
Industrial
Railroad
Map 12. Future Land Use
Sources
Municipal Boundaries - Smyrna from FirstMap downloaded 03/05/2018;
Clayton boundary recorded in New Castle County on 08/25/2014, in
Kent County on 09/02/2014.
Parcel Boundaries - FirstMap, downloaded 02/28/2018.
Streets - Kent County from Department of Planning Services, New Castle
County from e-Map, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
0
1,000
2,000
500
Feet
6
MAIN ST
WEST ST
SMYRNA AVE
N BASSETT ST
W DUCK CREEK RD
S BASSETT ST
CHERRY ALY
CLAYTON AVE
HIGHLAND AVE
N RODNEY ST
EA
S
T
ST
INDUST
R
IAL BLVD
W
I
LSON AVE
WASHINGTON AVE
CHURCH ALY
RAILROAD AVE
0
500
250
Feet
Downtown Development District
District Boundary
Base Map Data
County
Boundary
Clayton
Boundary
Smyrna
Boundary
Parcel
Boundaries
Streets
Railroads
Water Bodies
Streams
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Land Use in Annexation Areas
Residential
Commercial
Railroad
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
121
Wheatley's Pond
300
15
6
6
15
15
300
6
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
13
New Castle County
Kent County
M
il
l
C
r
e
e
k
G
r
e
e
ns
Bra
nch
Provide
n
c
e
Cree
k
Paw Pa
w
B
ra
nch
G
reens
B
ra
nch
M
ill
Cre
ek
Lake Como
Duck Creek Pond
SUNNYSIDE RD
S CARTER RD
MAIN ST
W SOUTH ST
WHEATLEYS POND RD
RABBIT CHASE LN
W COMMERCE ST
WIND SONG DR
W DUCK CREEK RD
LAKE DR
MILLINGTON RD
N MAIN ST
UNDERWOODS CORNER RD
N SCHOOL LN
W GLENWOOD AVE
N HIGH ST
ARTISAN DR
KENT WAY
SMYRNA CLAYTON BLVD
SCHOOL LN
WINNOW DR
DUCK CREEK PKWY
COLDWATER DR
S MAIN ST
SMYRNA AVE
TRACER DR
RAMUNNO DR
W NORTH ST
CINDY LN
S BASSETT ST
S SCHOOL LN
VILLA DR
RYAN RD
LAKE DR W
N BASSETT ST
S RODNEY ST
DOYLESTOWN RD
TREVI DR
SORRENTO DR
JOHNS RD
CLAYTON DR
S DELAWARE ST
MACON LN
LIBORIO LN
LYDIA DR
DAIRY DR
SENTIR WAY
AMALFI DR
FOXWOOD DR
E COMMERCE ST
ANNA RD
STOWE LN
GORGONS AVE
PRESTON LN
GLADWYNE RD
W MOUNT VERNON ST
CRESCITA LN
FURIES ST
E NORTH ST
ALTON AVE
VILLANOVA LN
CHERRY ALY
FENIMORE ST
N CANVASBACK CT
ASHVALE DR
N REED ST
CLAYTON AVE
CHRISTIANA RIVER DR
FLOURTOWN LN
CHALFONT RD
DUMP RD
MALVERN LN
BON AYRE CIR
VINCENT CT
FRAZIER ST
PALERMO DR
BAYNARD FARM LN
SHERIDAN LN
PROVIDENCE DR
EAGLE WAY
GLENWAY AVE
CLEARBROOKE DR
DYLAN ST
ROBERTS DR
E PEMBROOKE DR
BOXWOOD DR
GRACE LN
PEE WEE CT
TRALA STREE
TAMARA DR
WYNDALE CT
DANFIELD DR
HALLIWELL DR
TRENTINO TER
Zoning Districts
OS, Open Space
RS, Residential Suburban
R, One-Family & Townhouse
R1, Multiple- Family
RMH, Manufactured Housing
TC, Town Center
C2, General Commercial
I, Industrial
RR, Railroad
Map 13. Existing Zoning
Sources
Zoning Districts - Ordinance and map adopted 12/12/2011.
Municipal Boundaries - Smyrna from FirstMap, downloaded
06/16/2016; Clayton boundary recorded in New Castle County
on 08/25/2014, in Kent County on 09/02/2014.
Parcel Boundaries -FirstMap, downloaded 02/28/2018.
Streets - Kent County Department of Planning Services; New
Castle County eMap, 02/28/2018.
Railroads, Water Bodies & Streams - FirstMap.
Note
This map is provided by the Institute for
Public Administration (IPA) solely for display
and reference and is subject to change
without notice. IPA makes no claims,
either real or assumed, as to the absolute
accuracy or precision of any data
contained herein for purposes other than
for which the data was intended.
0
1,000
2,000
500
Feet
6
NORFOLK SOUTHERN RR
CLAYTON-EASTON RAIL-TRAIL
MAIN ST
SMYRNA AVE
S BASSETT ST
WEST ST
N BASSETT ST
CHERRY ALY
S RODNEY ST
CLAYTON AVE
N REED ST
N RODNEY ST
EAST ST
PLUM ALY
WILSON AVE
HIGHLAND AVE
0
500
250
Feet
Base Map Data
County
Boundary
Clayton
Boundary
Smyrna
Boundary
Parcel
Boundaries
Streets
Railroads
Water Bodies
Streams
2018 Comprehensive Plan Update
Town of Clayton
Kent County and
New Castle County
Delaware
Adopted by the Clayton Town Council 01/14/2019
Certified by the Governor 02/19/2019
122
Town of Clayton 2018 Comprehensive Plan Update
123
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Appendix A. Questionnaire Responses
2018 Comprehensive Plan Update
Clayton is in the process of updating its
comprehensive plan. A comprehensive plan is a
document and a series of maps that:
- Outlines development goals and objectives,
- Maps the desired locations for homes, shops, and
offices in town and the areas that Clayton might
want to annex into the town, and
- Serves as the basis for zoning and subdivision laws.
Please take a few minutes to share your thoughts about the town. You can leave your
comments with us today, drop them off at the town office, or e-mail them to
[email protected].
What do you like about Clayton?
-
Can walk to different areas in town
-
Small town living feel and knowing neighbors
-
The way it is
-
Friendly, town is walkable, coffee shop is
excellent.
-
Small town family
-
Quiet and peaceful
-
Low crime-good police presence
-
I love that it is quiet, and everyone gets
along.
Can you think of any changes that you would like to see in town?
- Corner store with milk, bread, etc.
- More business
- No
- I would love to see more business
downtown.
- Need a deli
- Trash cans in the park
- I want a swimming pool with a high dive,
rec center with pinball and pool tables.
- Try to lower the utility bills somehow
because I don't even live here much and
my bill is high.
Should Clayton grow or remain pretty much as it is?
- More shops and stores
- Keep it small.
- Pretty much the same
- Grow
- No, [growth] would ruin it
- Keep it the same.
- I don't know.
- Grow so that we can get towers for more
phone service.
Anything else?
-
Infrastructure needs to be updated; we just want a place to get milk and bread.
-
No
-
I don't know
-
Where do all these phantom parades come from?
Town of Clayton - P.O. Box 1130 414 Main Street - Clayton, DE 19938 - Ph: 302-653-8419 - Fax: 302-653-2017
124
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
INTENTIONALLY BLANK
Town of Clayton 2018 Comprehensive Plan Update
125
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Appendix B. Downtown Development District Application
Summary
In 2014, Clayton applied for designation as a Downtown Development District. The purposes of
the Downtown Development District Act are:
- Spur private capital investment in commercial business districts and other
neighborhoods;
- Stimulate job growth and improve the commercial vitality of such districts and
neighborhoods;
- Help build a stable community of long-term residents by improving housing
opportunities; and
- Assist municipalities in strengthening neighborhoods while harnessing the attraction
that vibrant downtowns hold for talented people, innovative small businesses and
residents from all walks of life. (www.stateplanning.delaware.gov/ddd)
There have been two rounds of district designations. Clayton was not designated as a District in
either round.
District Boundary
Clayton's Downtown Development District consists of 24 acres and 96 properties centered on
the Town's historical town center and adjacent residential properties. Situated on both sides of
Main Street between Bassett Street and Highland Avenue, the District is anchored on the east
by Clayton's historic railroad station, and on the west by the Town offices and police station.
The Downtown Development District Map shows the boundaries of Clayton's District and the
location of two priority projects identified in the 2014 application.
1. 305 Main Street (former Clements Supply). The initial phase of rehabilitation calls for
converting the lower level of the building to a restaurant and small food market and
improvements to the exterior of at least the first floor along Main Street. The
subsequent phase will focus on conversion of the second level to either apartments or
additional commercial and offices.
2. 300 Smyrna Avenue. This project involves rehabilitation of a 1,000-square foot single-
family home that has fallen into disrepair.
Redevelopment Strategy
The redevelopment strategy for the Downtown Development District includes the following:
1. Achieve the comprehensive plan's vision of maintaining a small-town center.
2. Promote a mix of uses in the district.
3. Maintain existing housing stock.
4. Encourage property owners to undertake improvements that may have been
postponed.
126
Town of Clayton 2018 Comprehensive Plan Update
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
5. Encourage new business to come to Clayton's town center.
6. Keep existing business in Clayton.
Clayton's application underscores the Town Center Zone as the most significant existing
incentive for redevelopment in the proposed district. The regulations governing this zone
provide for a wide variety of uses suitable for the downtown area of a small town. In this zone,
property owners are not subject to minimum lot sizes and setbacks, maximum building
coverages and are not required to provide off-street parking spaces.
Downtown Development District (DDD) Map
Town of Clayton 2018 Comprehensive Plan Update
127
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
Appendix C. Preliminary Land Use Service Review
Sr,trp on Dnl,twaRn
Expcurrvn DpplRtnanNt
Onnrcp or Srlrn PuNurNc CooRorNlrroN
August 20,2018
Jeffery A. Hurlock
Town of Clayton
4I4Main Street
P.O. Box 1130
Clayton, DE 19983
RE: PLUS review 2018-07-01; Town of Clayton Comprehensive Plan
Dear Jeffery:
Thank you for meeting with State agency planners on July 25,2018 to discuss the Town of
Clayton's comprehensive plan. State agencies have reviewed the documents submitted and offer
the following comments. Please note that changes to the plan, other than those suggested in this
letter, could result in additional comments from the State. Additionally, these comments reflect
only issues that are the responsibility of the agencies represented at the meeting.
Certffication Commenfs.' These comments must be addressed in order for our office to consider
the plan update consistent with the requirements of Title 22,5 702 and Title 29, $ 9103 of the
Code
office of state Plannine coordination - contact: David Edsell 739-3090
The plan must contain a clearly articulated position on population growth. The checklist
indicates that this is found on page 97 in the section "Position on Growth." However, the
text on page 97 is related to the town's position on annexation, not population growth.
The plan must contain a clearly articulated position on community character. The
checklist indicates that this is found on page 97 inthe section "Position on Growth."
However, the text on page 97 is related to the town's position on annexation, not
community character. The checklist also references Appendix A, community survey
results. The comments are interesting and should inform the position on community
character. The Town of Clayton must articulate that position.
122 Martin Luther King Jr. Blvd. South - Haslet Armory .Third Floor . Dover, DE 19901
Phone (302)739-3090 . Fax (302) 739-566L. www. stateplanning.delaware:gov
a
a
Town of Clayton 2018 Comprehensive Plan Update
126
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page2 of 14
Please provide documentation that the plan has been forwarded to Kent County and the
Town of Smyrna for review and comment, and indicate if comments have been received
and addressed.
Recommendations: Our office strongly recommends that the Town consider these
recommendations from the various State agencies as you review your plan for final approval
office of state Plannine coordination - contact: David Edeell 739-3090
Our office would like to commend the Town of Clayton for completing the update of the
comprehensive plan. Clayton has a long history of comprehensive planning. In the late 1990s
the town was one of the first jurisdictions to complete a plan under the then new State planning
statute for municipalities. The tradition of planning has helped Clayton grow in a responsible
manner, accommodating suburban growth while maintaining small town character. This update
of the comprehensive plan clearly articulates the town's vision of maintaining this character, and
provides the tools and guidance to guide growth for the next ten year period.
Our offrce has the following recommendations to improve the plan:
Chapter 15, Implementation Tools, is essentially a summary of ordinances and practices
that the town will use to implement the plan. This information certainly demonstrates
that the Town has a planning and zoning structure in place to manage growth. However,
what is missing is an actual implementation plan or strategy to accomplish the goals of
this planning document. Throughout the document there are projects and steps that are
identified that must be completed to help Clayton achieve the vision that it sets forth.
Examples include the comprehensive rezoning, and considering different funding
strategies for open space acquisition and maintenance. It is recommended that the plan
be revised to include an implementation strategy identifying key projects or tasks, and a
general timeframe for completing them. Such an implementation strategy will assist the
town in preparing the required Annual Report, which is due to our office on July 1 of
each year.
Denartment of
ortation - Contact: Trov Brestel 760-2l0q
Within the Transportation Section, please mention the Harriet Tubman Underground
Railroad Byway passing through town on Main Street and Smyma-Clayton Blvd. In order to
support potential economic benefits of byway travel, consider potential sites for inclusion
along the byway in order to promote exploration of Clayton. For example, Byrd's AME
Church and St. Joseph's Industrial School, given their place on the National Register of
Historic Places may be appropriate locations for historic markers along the byway, which can
be coordinated through the Delaware Public Archives marker program. For more information
on byways, contact Michael Hahn, Byways Coordinator at DelDoT. His e-mail is
o
a
a
michaelC
de.us.
Town of Clayton 2018 Comprehensive Plan Update
127
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
a
PLUS review 2018-07-01
Page 3 of 14
Under pathways and trails on page 67, consider mentioning that Kent County has suggested
in its draft comprehensive plan, and the Dover-Kent MPO has within its Metropol.itan
Transportation Plan atrail project to connect Big Oak Park to Downtown Smyrna. The trail
along the Smyrna Track (Smyrna-Clayton Blvd) could serve as an extension of such a trail
and allow safe movement for bikes and pedestrians between the Town Center, Downtown
Smyrna, and Big Oak Park.
In order to create a unified vision for bicycle and pedestrian transportation in Clayton-
Smyrna, DeIDOT supports the town's recommendation that Clayton and Smyrna propose a
bicycle and pedestrian plan through the Dover-Kent MPO for the Clayton-Smyma area.
DeIDOT would ask that you consider including Kent County as a partner in such study in
order to plan for an areathat reflects the urbanized areas that may be outside the towns, as
well as lend emphasis to trails that would benefit the county, namely Clayton-Easton and
Smyrna to Big Oak Park.
The Clayton to Easton Rail Trail is also a project proposed in the Dover-Kent MPO Bicycle
Plan. For this project to move forward, negotiations would have to take place with the
Maryland Transportation Authority (owner of the right of way) for DNREC to utilize or
acquire the rail corridor, negotiations which have been unsuccessful in the past. Consider
adding or strengthening recommendations to build support among the towns connected as
well as their legislators to encourage reestablished negotiations.
DeIDOT understands that the Town is concerned about the length of time freight trains are
stopped on the tracks within Town limits. However, the Town also proposes to rehabilitate
and operate the railroad station. What service is proposed for the railroad station? Will it be
a visitor attraction, or is the Town considering rail functions at the station?
On page 78, in terms of passenget rail, consider referencing the more recent "Delmarva
Intercity Rail Feasibility Study Final Report" from December 2013 located at
https://dartfirststate.com/information/programs/transportation_plans/.
This plan did not
propose a stop for passengers in Clayton. The plan indicates greater feasibility due to the
growth of tourism in Sussex County and Worcester County, MD.
On page 78, in reference to Delmarva Central and trains stopped in Clayton, DeIDOT
encourages working with the railroad, Dover-Kent MPO and DeIDOT on an operations plan
to suggest improvements along the corridor that would address the town's concerns. In this
regard, please contact Nathan Attard, DeIDOT's Dover-Kent MPO liaison. His e-mail is
nathan. [email protected]. us.
In regards to sidewalks, DeIDOT commends the town for actively working to improve
pedestrian facilities. It is possible to utilize Municipal Street Aid funds for repair and
construction of municipal streets and sidewalks. To determine a facility's eligibility for
municipal street aid use, please contact Jason Vogl; his e-mail is [email protected]. For
pedestrian projects along DeIDOT-owned streets, please contact Maria Andaya, DeIDOT's
Pedestrian Coordinator. Her e -mail is mq.ria. an day a@state. de. us.
o
a
o
a
a
a
Town of Clayton 2018 Comprehensive Plan Update
128
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 4 of 14
The Department of Natural Resources and Environmental Control - Contact: Michael
Tholstrup 739-9071
Source Water Protection.
o DNREC applauds the Town's adoption of a Source Water Protection Ordinance. The
text of the comprehensive plan properly cites the required source water elements
however, the Plan lacks a discussion on the protective measures afforded by the
ordinance.
DNREC recommends including a discussion of the Town's source water ordinance
including the goals, objectives, and measures afforded by the ordinance to the protection
ofthe resource.
Water System.
o In this section, DNREC sees a discussion of the Town's current source of water supply,
and the protections in place to protect that water supply. However DNREC also expects
to see what the Town's plans are for future water supply. Does the Town have the
capacity/allocation, in terms of water supply, to accommodate anticipated future growth
and development?
Wastewater System.
o In this section, DNREC sees a discussion of the Town's current source of wastewater
treatment and what the Town's plans are for future wastewater treatment infrastructure.
Does the Town of Clayton collection and conveyance system have the capacity to
accommodate anticipated future growth and development? Does the Kent County
wastewater treatment system have the capacity? These are good issues to explore as part
of the intergovernmental coordination that is required when developing your
comprehensive plan and statements should be made within the plan to indicate their
consideration.
Climate Change & Sea Level Rise.
o The subject of climate change was not specifically addressed in the plan, however the
Department believes that recognizing the significant impacts that climate change will
have on Delaware's economy, resources, and citizens and incorporating those within the
Comprehensive Development Plan is important. When discussing climate change
impacts to Delaware, the Department is concerned with sea level rise, increased heavy
precipitation events, and more extreme high temperatures. While the Town of Clayton
would not likely be impacted directly by sea level rise, stormwater management, which
has been identified as an issue in the Draft Plan, will be a greater challenge in the future.
DNREC has guidance for utilizing green infrastructure, or nature-based strategies, to
address this in an environmentally friendly manner (www.Ae.govlgreenin ).
Additionally, increased concerns for health & safety of the population are associated with
increased temperatures, which could also be discussed in the Draft Plan along with
Town of Clayton 2018 Comprehensive Plan Update
129
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 5 of 14
establishing a designated cooling center among the listed Community Facilities and
Assets.
There is an incredible volume of information available about climate change impacts.
The following is a short list of the most relevant and useful information for your
comprehensive development plan efforts :
1. The Creating a Flood Ready Community training site provides links to a wide
variety ofresources that can be used to plan for increased heavy precipitation
and sea level rise:
http://dnrec.delaware.gov/coastal/DNERR/Pages/CTP%2OPages/FloodReadv
CommunityResources.aspx
2. Climate change impacts to human health are reviewed in the fall issue of the
Delaware Journal of Publ.ic Health : https : //issuu. com/dam-
dpha/docs/dj ph_october2 0 1 7
In addition, the Town may wish to consider opportunities for grant funding and technical
assistance. DNREC offers grant funding for sustainability and climate change planning
through the Sustainable Communities Planning Grant Program and the Resilient
Community Partnership (RCP). These programs can provide resources for local
governments to develop a long term plan for climate change andlor sustainability.
https ://dnrec. alpha. delaware. gov/enerev-climate/sustainable-
communities/sustainable-plannind
a
o
o
o
o https://dnrec.alpha.delaware.gov/coastal-programs/planning-training/resilient-
communities/
DNREC administers a free Weatherization Assistance Program to help establish
comfortable, energy;saving homes. The program, run through the Division of Climate,
coastal, & Energy, helps homeowners and renters cut their energy bills by
weatherproofing and improving the energy efficiency of their homes. The need for
weatherization was mentioned in the draft plan and DNREC encourages the town to help
inform residents of this program. More information about the program can be found
here: www.de.gov/wao.
DNREC staff is always available to assist and would be happy to meet with Town staff
and its consultants to discuss climate change vulnerabilities, energy efficiency, and
greenhouse gas reduction strategies.
Sediment and Stormwater Management.
o The Delaware Sediment and Stormwater Regulations have a goal of reducing stormwater
runoff for the rainfall events up to the equivalent one-year storm, 2.7 inches of rainfall in
24hours, or a maximum of one inch of runoff. Runoff reduction practices encourage
Town of Clayton 2018 Comprehensive Plan Update
130
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 6 of 14
a
runoff to infiltrate back into the soil as in an open space condition and results in pollutant
removal and stream protection. Best management practices that encourage infiltration or
reuse of runoff, such as porous pavements, rain gardens, rain barrels and cisterns, green
roofs, open vegetated swales, and infiltration systems should be allowed for new
development sites within the town. Furthermore, limiting land disturbance on new
development projects and limiting impervious surfaces by allowing narrower street
widths, reducing parking requirements, and allowing pervious sidewalk materials will be
necessary to help achieve the runoff reduction goals in the revised regulations.
MS4: Under the 2010 Census, the Town of Clayton was identified as a Phase II MS4.
The Department is currently developing a Phase II General Permit and Waiver Criteria.
The General Permit and Waiver have not been authorized by the Department, at this time
The town of Clayton is eligible for a waiver but cannot be granted one until the Permit is
authorized. The Town must, therefore, amend the language which states they have been
granted a waiver by DNREC.
If the waiver and permit are granted prior to this draft Plan being adopted by the Town
and certified by the Governor, the Town may revert back to the draft language, indicating
that the waiver and permit have been received.
Air Quality.
o DNREC would like to see air quality included in the "Natural Features" portion of the
Town of Clayton's Comprehensive Plan (Page 27). DNREC recommends the following
considerations for the Town of Clayton in mitigating potential air pollution issues:
o Encourage mixed-use or cluster-style development where applicable in order to
preserye open space and reduce sprawl,
o Allow opportunities for the increased use of public transit,
o Expansion of the current bicycle and pedestrian network,
o Increase the number of people using alternative transportation modes,
o Develop ordinances that would involve the planting of trees during development
projects and efforts to continue the preservation of trees in the Town which help
to clear the air of pollutants.
According to the Delaware Forest Service, in20l4, the urban tree canopy percentage for
the Town of Clayton was roughly 1200.4 acres or 18.l%. The planting of native tree
species has the ability to reduce air pollution in the city by clearing the air of harmful
particulate matter (PM) emissions (a product of vehicle emissions) and also taking in
carbon dioxide and converting it into oxygen. The ideal tree species to use are those with
large leaf surface areas, high transpiration rates and have hairy or sticky leaves which are
amenable to particle collection.
DNREC has noted that the Town of Clayton has a goal of expanding their pedestrian
network. DNREC supports the town's efforts to provide safe alternative transportation
modes for pedestrians and would like that to also include bicycle infrastructure. With
a
Town of Clayton 2018 Comprehensive Plan Update
131
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
PageT of14
a
a
supporting traffic management strategies, the Town should aim to minimize vehicular
traffic and let people use alternate means of moving about the town such as walking,
biking, and shuttle services (Page 39 and 79). The DeIDOT Transportation Alternatives
Program (TAP) may be a tool to help achieve this goal.
It was noted in the plan that "there is neither public nor private local bus service in the
Clayton area" and that DART's closest bus stop is "in Smyrna at the intersection of
Route 13 and Mount Vernon Avenue" (Page 77). It is recommended that expanded
transit service be considered for the Clayton area. The plan also mentioned the "senior
Citizens Affordable Taxi (SCAT)" Program (Page 77). DNREC supports efforts of the
Town to provide carpooling and taxi services that lessen the use of single-occupancy
vehicle (SOV) travel.
DNREC also supports the Town's initiatives to update and modernize its ordinances.
The Town is encouraged to implement idle free zones where heavy duty vehicles are
known to idle such as Providence Creek Academy and Clayton Elementary school. The
Town of Clayton is encouraged to work collaboratively with Clayton Schools to
implement a strategic no idling policy.
As an added component to address air quality concerns in the area, the Town of Clayton
is encouraged to include electric vehicle supply equipment (EVSE) and charging where
feasible in common areas to accommodate cleaner vehicular transportation through the
area. This includes busy and frequented town centers such as local grocery stores,
commercial retail sites, etc. DNREC's clean transportation website has more information
about the various electric charging options and where they are best deployed. DNREC
also offers rebates to lower the cost of electric vehicle charging stations for businesses
and workplaces. For additional information on how the Town can become involved with
this growing and successful program, please visit the following link:
www. de. gov/cleantransportati on.
Solid and Hazardous Waste.
o It was unclear whether the Town of Clayton contracts with the same company for trash
and recycling services, however, the Universal Recycling Law requires a waste hauler to
provide the same access to recycling as they do for trash disposal. You can access the
Universal Recycling Law here:
http://www.delcode.delaware.gov/sessionlaws/ga145lchp275.shtml
(see g6053 in
particular).
DNREC recommends encouraging the use of recycled construction materials and to
recycle any waste generated during construction or demolition activities.
There are 4 Site Investigation and Restoration Section sites located within Clayton,
identified as:
o 1't State Military Academy (DE-l565): A Certif,rcate of completion of remedy
issued September 2015
a
Town of Clayton 2018 Comprehensive Plan Update
132
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 8 of 14
a
o Clayton Landhll (DE-0069): A Facility Evaluation was conducted in 1994.
Results indicated potential of contamination to the tributary of Providence Creek,
so additional investigation was recommended. A biological assessment was
conducted in 1995 and determined no impacts from the landfill to a tributary of
Providence Creek. A human health risk assessment was also performed and did
not exceed acceptable risk levels for residential use. No further action required
o Delacote/Eastwind (DE-0290): Beginning in 7962, the facility was used for the
manufacture of luggage, rain gear, and wire shelving. Designated "No further
action planned" based on 2003 Site Assessment performed by DNREC and
reviewed by the US EPA.
o Biodiesel Plant (DE-1390)
There have been 3 sites with Leaking Underground Storage Tanks:
o l't State Military Academy (Facility ID #1-000586) - A "No further action
required-conditional" letter was issued on March 30,2015. The letter, which
- contains conditions when disturbing the soil, can be found on DEN thru this link:
https://apps.dnrec.state.de.us/dochandler/handler.ashx?docid:6744d73fd212a86f0
j8ysbsxs0010000
o Hanover Food Corporation (Facility ID # 1-000080) - A "No further action
required-conditional" letter was issued on January 30,2012. The letter, which
contains conditions when disturbing the soil, can be found on DEN thru this link:
https://apps.dnrec.state.de.us/dochandler/handler.ashx?docid:6744d73fd212a86f0
ijcu7nb30000000
o Clements Supply Company (Facility ID # 1-000055 & 1-000166)-
'
ID #1-000055: Refers to Clement Supply Company, located on Main
Street in Clayton, (currently Atlantic Tractor). Three tanks at this location
were closed in place in 1980. No NFA letter was issued, so be aware of
their presence on site.
'
ID #1-000166: Refers to Clement Supply Company, located on Bassett
Street in Clayton. Five tanks at this location were closed in place in 1997.
No NFA letter was issued, so be aware of their presence on site. Three
tanks were removed in 1985 and 1992.
Brownfields are real property the redevelopment, reuse, or expansion of which may be
hindered as a result of a reasonably-held belief that they may be environmentally
contaminated (7 Del.C., $9103(3). Productive use of these idle properties provides
"new" areas for economic development, primarily in former industrial/urban areas with
existing utilities, roads and other infrastructure. DNREC encourages the development of
Brownfields offering assistance and possible grant funding for investigating and
remediating Brownfield sites.
The Delaware Brownfields Marketplace is an interactive database that contains a list of
market-ready Brownfield sites throughout Delaware. The inventory is designed to make
it easier for potential buyers and developers to locate available Brownheld properties.
Cleaning up and reinvesting in these properties protects the environment, reduces blight,
a
Town of Clayton 2018 Comprehensive Plan Update
133
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 9 of 14
and helps to create jobs for Delaware citizens, while preserving Delaware's precious
green space and natural resources.
To add sites in your municipality to the Marketplace (with owner approval) please
contact Melissa Leckie at DNREC's Site Investigation and Restoration Section at (302)
395-2600 or by email at [email protected].
For information on the Brownfields Program or to determine if any sites in your
municipality are Brownfields, please contact Jill Williams-Hall at DNREC's Site
Investigation and Restoration Section at (302) 395-2600 or by email at
[email protected].
For more information on Delaware's Brownfield Program online, please visit:
http://www.dnrec.delaware. gov/dwhs/S IRB/Pages/Brownfi elds.aspx.
Fish and Wildlife.
o DNREC encourages the protection of wetlands as important habitat. The Town of
Clayton currently follows state and federal wetland permitting guidelines, which are
minimally protective. DNREC recommends updating ordinances to increase those
protections.
There are no major Fish and Wildlife concerns in the proposed annexation areas,
however, DNREC would advise the Town to leave the existing forested buffer in place
on tax parcel 3-00-02700-01-2400-00001 because it provides a protective buffer to Mill
Creek.
o
Parks, Open Spacen and Recreation.
o For the Town's use and reference in developing future recreational open space, the
Delaware Division of Parks and Recreation conducted a telephone survey of Delaware
residents to gather information and trends about outdoor recreation patterns and
preferences as well as other information on their landscape perception. These findings
are the foundation of the 2013-2018 Statewide Comprehensive Outdoor Recreation Plan
(SCORP) which provides guidance for investments in needed outdoor recreation facilities
and needs within county and municipal comprehensive plans. In Region 3 (Kent
County), 63Yo said outdoor recreation was very important to them personally.
The Town is encouraged to use the results of the SCORP to identify recreational goals
and strategies in its comprehensive plan.
Based on the public opinion survey, the most needed outdoor recreation facilities in
include:
High facility needs:
o Walking and Jogging Paths
o Public Swimming Pools
Town of Clayton 2018 Comprehensive Plan Update
134
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 10 of 14
o Bicycle Paths
o Fishing Areas
o Playgrounds
o Community Gardens
o Picnic Areas
o Off-Leash Dog Areas
Moderate facility needs
o Hiking Trails
o Camping Areas
o Ball Fields
o Basketball Courts
o Football Fields
o Public Golf Courses
o Soccer fields
o Boat Access
o Canoe/Kayak Launches
o Tennis Courts
Additional information can be found here
dnrec
013
TMDLs and water quality.
o Geology and Soils, Page 27: The majority of the soils in the Town of Clayton are not
mapped as Sassafras as stated in the Comprehensive Plan Update. DNREC suggests that the
Town of Clayton correct this by referencing information about soils in the NRCS soil survey
update rather than the outdated I97I USDA Soil Survey of Kent County and New Castle
County in their Comprehensive Plan. The updated soil survey information can also be
retrieved from the web soil survey at the following web link:
http ://websoilsurvey. sc.eeov. usda. ggv/App/HomePage.htm
For the applicant's convenience, the NRCS soil survey mapping update map of soils in the
immediate vicinity of the Town of Clayton (and Smyma) is provided below, in Figure 1.
o Since a pollution control strategy has not been developed for the Smyrna River watershed to
date - the watershed in which the Town of Clayton is located - DNREC recommends the
following as "actionable strategies," or recommendations for ordinance development:
o Require all applicants to submit to the Town a copy of the development site plan
showing the extent of State-regulated wetlands (as depicted by the State Wetland
Regulatory Maps), and a United States Army Corps of Engineers (USACE) approved
wetlands delineation as conditional approval for any new commercial and/or
residential development. Additionally, the site plan should depict all streams and
ditches which are jurisdictional pursuant to the Subaqueous Act (7 Del. C., Chapter
72) as determined by DNREC.
Town of Clayton 2018 Comprehensive Plan Update
135
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 11 of14
o
Implement regulations to protect freshwater wetlands including isolated and
headwater wetlands. Regulatory gaps exist between state and federal programs,
however, these resources provide water quality and habitat benefits that should be
protected. While state mapping gives us an idea of the presence of these wetland
features, they may be identified only through field delineation.
o
Require a 1O0-foot upland buffer width from all wetlands or waterbodies (including
ditches).
Call for an impervious surface mitigation plan specifically requiring the use of
pervious paving materials in all parking areas for all projects with20yo or more total
post-development surface imperviousness. In high density (usually commercial)
developments with post-development surface imperviousness of 50%o or more,
DNREC suggests half of total area(s) of imperviousness in paved areas contain
pervious pavers, including the entire parking lot area(s).
o Require the calculation for surface imperviousness (for both commercial and
residential development) include all constructed forms of surface imperviousness -
including all paved surfaces (roads, parking lots, and sidewalks), rooftops, and open-
water storm water management structures.
o Exclude structural best management practices such as community wastewater
treatment areas, open-water storm water treatment structures, and natural areas
containing regulated wetlands from consideration as open space.
o
Prohibit development on hydric soil mapping units. Proof or evidence of hydric soil
mapping units should be provided through the submission of the most recent NRCS
soil survey mapping of the parcel, or through the submission of a field soil survey of
the parcel by a licensed (Delaware Class D) and certified (CPSS) soil scientist.
o
Require that the applicant use "green-technology" storm water management in lieu of
"open-water" storm water management ponds, whenever practicable. If open-water
stormwater management is selected or deemed more practicable for use, it should be
minimally employed to manage anticipated stormwater - not for the creation of
additional pond acreage to enhance property/aesthetic values
o Require the assessment of a project's TMDL nutrient loading rate through use of the
Department's nutrient budget protocol. The applicant should be further required to
use any combination of approved best management practices to meet the required
TMDLs for the affected watershed(s) in question.
Additional Text edits.
o Correct the duplicate paragraph on pages 29-30 (above and below Table 5)
o
Town of Clayton 2018 Comprehensive Plan Update
136
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 12 of 14
a
Both the Smyrna Municipal Park and George C. Wright Jr. Park are identified on page 66.
These refer to the same park and should be referenced consistently.
DoB
WoA
Za
lmB
SaB
FaA
SaD HoA
LO
SaE
DoB
SaB
lmB
CaA
HoA
Ln
leB
leB
i. ,)'
WdA
'.., lmB
leA
SaE
lgB
ReB
WdA
DoB
ReA
ReB
E94:.
ReB
ReB l
i-;&
. '.1
GA
SaB
ooQ
UIB
SaA
{ sd6
.. 'DqQ
boo i,
i.
ra)
c.a-4, obd
PyA
UIB
- eYA' .Uvn
Figure 1: NRCS soil survey mapping update in the vicinity of Clayton
State Historic
a
Py,q
a
Office - Contact: Carlton Hall 302-736-7404
The Town of Clayton is receptive to historic preservation and agricultural preservation
based on information in their plan.
The Delaware SHPO suggests that Clayton consider ways to protect their historic
properties from inappropriate development after annexation and would be happy to work
GrB
ReB
DoB
I ooi:
\- ..r
'1"1j
I
DoA \
ReA
,\\
il
Town of Clayton 2018 Comprehensive Plan Update
137
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 13 of 14
with them on such issues. Our office recommends the Town look into conducting a
comprehensive architectural suryey, with the possibility of listing a Historic District in
the National Register of Historic Places.
Department of Aericulture - Contact: Scott Blaier 698-4532
The Department of Agriculture would like to commend the Town on a thorough well-written
comprehensive plan. The Department of Agriculture offers the comments and suggestions below
for your consideration.
o
a
o
Page 12: The Department suggests the following language (or similar language) for
clarity.
Agricultural Preservation District - In order to . . . . . .. At the end of ten years, the property
owner .... @io+eas€men+
- Suggest: "continue to participate in the
district program for 5 year increments"
Agricultural Easement - Properties do not have to be (wait) in a Preservation district for
(10) years before they can sell their development rights to become a pennanent easement.
They can sell their development rights as soon as their first year in the district/expansion
program.
Suggest: While enrolled in the Agricultural Preservation District program, a landowner
may sell the right to develop their farm to the state of Delaware. Once the land's
development rights have been sold, a farmland preservation easement becomes a
permanent part of the property deed of record, thus preserving the property as farmland
forever.
Page 27: Agri-Business - The Department appreciates the mention of agri-business in the
town's plan, and encourages the town to pursue and support efforts to expand agri-
business opportunities in the future.
Map 2 - This map appears to be up to date. However, please note, properties enroll and
withdraw from the program regularly, and this map should be reviewed periodically for
changes. Please contact Jimmy Kroon, the Department's GIS coordinator (698-4533), for
the latest information.
Approval Procedures:
o Once all edits, changes and corrections have been made to the Plan, please submit the
completed document (text and maps) to our office for review. Your PLUS response letter
should accompany this submission. Also include documentation about the public review
process. In addition, please include documentation that the plan has been sent to other
jurisdictions for review and comment, and include any comments received and your response
to them. Substantial changes to this draft could warrant another PLUS review.
a
o
o
Our office will require a maximum of 20 working days to complete this review.
Town of Clayton 2018 Comprehensive Plan Update
138
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019
PLUS review 2018-07-01
Page 14 of 14
o
a
o If our review determines that the revisions have adequately addressed all certification
items (if applicable), we will forward you a letter to this effect.
o If there are outstanding items we will document them in a letter, and ask the town to
resubmit the plan once the items are addressed. Once all items are addressed, we will
send you the letter as described above.
Once you receive our letter stating that all certification items (if applicable) have been
addressed, the Planning Commission and Council should adopt the plan pending State
certification. We strongly recommend that your Council adopt the plan by ordinance. The
ordinance should be written so that the plan will go into effect upon receipt of the
certification letter from the Governor.
Send our office a copy of the adopted plan along with the ordinance (or other documentation)
that formally adopts your plan. We will forward these materials to the Governor for his
consideration.
a
o
At his discretion, the Govemor will issue a certification letter to your Town.
Once you receive your certification letter, please forward two (2) bound paper copies and one
electronic copy ofyour plan to our offrce for our records.
Thank you for the opportunity to review this Comprehensive Plan. If you have any questions,
please contact me at 302-739-3090.
Sincerely
6n:
Constance C. Holland, AICP
Director, Office of State Planning Coordination
tu
Town of Clayton 2018 Comprehensive Plan Update
139
Adopted by the Clayton Town Council 01/14/2019; Certified by the Governor 02/19/2019