Town of
Clayton
Comprehensive Plan
adopted December 2008 and certified
January 2009
Institute for Public Administration
College of Human Services, Education & Public Policy
University of Delaware
www.ipa.udel.edu
Town of
Clayton
Comprehensive Plan
adopted December 2008 and certified
January 2009
AN ORDINANCE BY THE CLAYTON TOWN COUNCIL
Adopting the 2008 Clayton Comprehensive Plan
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 701 of the Delaware Code, the Town of Clayton
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, the Planning and
Zoning Committee has prepared the 2008 comprehensive plan and has included in that plan the
elements required for municipal comprehensive plans in Title 22 Section 702(b) of the Delaware
Code; and,
WHEREAS, the Town sought public participation in the development of the plan as follows:
(a) On September 19, 2007, the Planning and Zoning Committee held a public workshop
(b) On March 20, 2008 and Town Council and the Planning Zoning Committee jointly hosted a
community dinner; 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 plandevelopment process through informal staff-level contact, written invitations to public meetings
and hearings, and formal meetings; and,
WHEREAS, pursuant to Sections 6.2-3.1 and 6.2-3.3 of the Clayton Zoning Ordinance, the
Planning and Zoning Committee held a public workshop to review and transmit a draft of the
comprehensive plan to the Town Council and to the Office of State Planning Coordination on
September 29, 2008; and,
WHEREAS, a link to the draft plan was posted on the Clayton website on October 2, 2008; and,
WHEREAS, in a letter dated November 18, 2008 (PLUS 2008-10-03), a copy of which is
attached to and made a part of this ordinance, the Office of State Planning Coordination released
comments on the draft plan with a requirement for certification that annual reports for 2005-2007
be submitted; and,
WHEREAS, on November 25, 2008, a link to the PLUS comments was posted on the Clayton
website; and,
WHEREAS, the annual reports required for plan certification were submitted to the Office of
State Planning Coordination on December 1, 2008; and,
WHEREAS, on December 8, 2008, the Town Council held a public hearing on the draft plan to
consider the Planning & Zoning Committee’s recommendation, to review PLUS comments,
consider plan revisions based on PLUS comments, and to receive additional public testimony;
and,
WHEREAS, notice of this public hearing
(a) Appeared in the Smyrna-Clayton SunTimes on December 3, 2008,
(b) Was placed in the Town’s utility bills sent to all account holders on December 3, 2008,
(c) Was posted at the Town offices,
(d) Was posted on the Town’s website; and,
AN ORDINANCE BY THE CLAYTON TOWN COUNCIL
Adopting the 2008 Clayton Comprehensive Plan
WHEREAS, on December 8, 2008 at its regular meeting, the Town Council took action on the
plan by majority vote.
NOW, THEREFORE BE IT ORDAINED that the Clayton Town Council, having received and
reviewed comments from the Office of State Planning Coordination, considered revisions, and
received additional testimony, hereby adopts the 2008 Clayton Comprehensive Plan, dated
October 2008, a draft copy of which is attached to and made a part of this Ordinance.
AND BE IT FURTHER ORDAINED that the following revisions be made to the plan.
(a) Minor editing to correct mistakes, incorrect information, or typing errors,
(b) Revisions recommended in a memorandum, dated December 2, 2008, from Linda Raab, IPA
Planning Consultant to Mayor Stover, a copy of which is attached to and made a part of this
ordinance.
AND BE IT FURTHER ORDAINED that this plan be submitted to the Office of State Planning
Coordination for certification by the Governor.
AND BE IT FURTHER ORDAINED that this Ordinance shall take effect upon adoption.
ADOPTED this 8th day of December, 2008.
By
Wayne Stover
Mayor and Council President
Town of Clayton, Kent County Delaware
2008 Town of Clayton Comprehensive Plan
i
Table of Contents
Tables, Figures, and Maps ........................................................................................................................... iii
Town Officials ............................................................................................................................................. iv
County and State Officials ............................................................................................................................ v
Institute for Public Administration .............................................................................................................. vi
Chapter 1. 1-1. 1-2. Introduction ........................................................................................................... 1 Planning Authority .................................................................................................. 1 Plan-Development Process ..................................................................................... 1 Chapter 2. 2-1. 2-2. 2-3. Background ........................................................................................................... 5 Location .................................................................................................................. 5 History..................................................................................................................... 6 Community Profile.................................................................................................. 7 Chapter 3. 3-1. 3-2. 3-3. 3-4. 3-5. Planning Environment........................................................................................ 13 State of Delaware .................................................................................................. 13 New Castle County ............................................................................................... 15 Kent County .......................................................................................................... 16 Town of Smyrna ................................................................................................... 17 Town of Clayton ................................................................................................... 18 Chapter 4. 4-1. 4-2. 4-3. Environmental Resources .................................................................................. 21 Description ............................................................................................................ 21 Goals ..................................................................................................................... 23 Recommendations ................................................................................................. 23 Chapter 5. 5-1. 5-2. 5-3. Historic Resources .............................................................................................. 24 Description ............................................................................................................ 24 Goal ....................................................................................................................... 25 Recommendations ................................................................................................. 25 Chapter 6. 6-1. 6-2. 6-3. 6-4. Economic and Community Development ......................................................... 26 Description ............................................................................................................ 26 Issues and Opportunities ....................................................................................... 29 Goals ..................................................................................................................... 31 Recommendations ................................................................................................. 32 Chapter 7. 7-1. 7-2. 7-3. 7-4. Housing ................................................................................................................ 33 Housing Conditions .............................................................................................. 33 Housing Highlights 2000-2008 ............................................................................. 36 Goal ....................................................................................................................... 38 Recommendations ................................................................................................. 38 Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
ii
Chapter 8. 8-1. 8-2. 8-3. 8-4. 8-5. 8-6. 8-7. 8-8. Community Facilities and Services ................................................................... 39 Town Government ................................................................................................ 39 Town Facilities...................................................................................................... 39 Utilities.................................................................................................................. 39 Public Safety ......................................................................................................... 43 Educational Facilities ............................................................................................ 44 Recreation and Open Space .................................................................................. 47 Civic and Social Services...................................................................................... 48 Goals and Recommendations ................................................................................ 49 Chapter 9. 9-1. 9-2. 9-3. 9-4. 9-5. 9-6. Transportation .................................................................................................... 51 Vehicular Transportation ...................................................................................... 51 Bus Transportation ................................................................................................ 51 Railroads ............................................................................................................... 51 Bicycle Routes ...................................................................................................... 52 Pedestrian Connections ......................................................................................... 53 Goals and Recommendations ................................................................................ 54 Chapter 10. 10-1. 10-2. 10-3. Land Use Plan ..................................................................................................... 55 Current Land Use .................................................................................................. 55 Future Land Use .................................................................................................... 57 Growth and Annexation ........................................................................................ 58 Chapter 11. 11-1. 11-2. 11-3. 11-4. 11-5. 11-6. Implementation ................................................................................................... 67 Comprehensive Rezoning ..................................................................................... 67 Land Use, Building, and Property-Maintenance Codes........................................ 67 Capital-Improvements Programming.................................................................... 68 Environmental Protection ..................................................................................... 69 Healthy Communities Initiative ............................................................................ 71 Intergovernmental Coordination ........................................................................... 72 Appendix: Maps ..........................................................................................................................73
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
iii
Charts, Tables, and Maps
List of Tables
Table 1. Table 2. Table 3. Table 4. Table 5. Table 6. Table 7. Table 8. Table 9. Table 10. Table 11. Table 12. Table 13. Table 14. Table 15. Table 16. Table 17. Table 18. Table 19. Table 20. Table 21. Population Change, Clayton, Kent County, and Delaware, 1940-2000...................................... 9 Current Population Estimate ....................................................................................................... 9 Buildout Calculations................................................................................................................ 10 Population at Buildout .............................................................................................................. 10 Clayton Racial Composition, 2000 ........................................................................................... 11 Educational Attainment ............................................................................................................ 12 State Strategies Investment Levels ........................................................................................... 14 Delaware Wetland Types .......................................................................................................... 22 Clayton Vicinity National Register Properties.......................................................................... 25 Household Income, Clayton, Kent County and Delaware, 1999 .............................................. 26 Occupations Clayton, Smyrna, Kent County, and Delaware, 2000 .......................................... 27 Kent County Businesses, 1999 and 2006 .................................................................................. 28 Housing Types, Clayton, Smyrna, and Kent County, 2000 ...................................................... 33 Age of Housing Stock, Clayton, Smyrna, and Kent County, 2000 ........................................... 35 Clayton Housing Highlights, 2000-2008 .................................................................................. 37 Smyrna District Schools Serving Clayton Students .................................................................. 45 Recreation Facilities Serving Clayton Residents ...................................................................... 47 Clayton Places of Worship........................................................................................................ 49 Developing, Redeveloping, and Undeveloped Land................................................................. 56 Future Land Use Recommendations ......................................................................................... 57 Smyrna River Watershed TMDLs ............................................................................................ 70 List of Figures
Figure 1. Clayton Households, 1960-2000 ................................................................................................. 7 Figure 2. Household Size, Clayton, Kent County, and Delaware, 1990 and 2000..................................... 8 Figure 3. Clayton Population, 1940-2000 .................................................................................................. 8 Figure 4. Buildout Scenarios .................................................................................................................... 11 Figure 5. Age Profiles, Clayton, Kent County, and Delaware 1990 and 2000......................................... 12 Figure 6. Employment Status Clayton, Kent County, and Delaware, 2000 ............................................. 26 Figure 7. Work Locations for Clayton Residents, 2000 ........................................................................... 27 Figure 8. Design Issues, Clayton Town Center ........................................................................................ 30 Figure 9. Design Options, Clayton Town Center ..................................................................................... 31 Figure 10. Occupancy and Vacancy, Clayton, Smyrna, and Kent County, 2000....................................... 34 Figure 11. Median Housing Values, Clayton, Smyrna, and Kent County, 1990, 2000, 2008.................... 35 Figure 12. Median Gross Rent, Clayton, Smyrna, and Kent County, 1990, 2000, 2008 .......................... 36 Figure 13. Smyrna School District Enrollment, 1990 to 2007 ................................................................... 45 Figure 14. Clayton Land Use Distribution, 2007 ....................................................................................... 55 Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
iv
Town Officials and Staff
Elected and Appointed Officials
Town Council
Wayne D. Stover, Mayor and Council President
Robert E. Berghorn, Vice Mayor
Wilmer E. Abbott, IV, Secretary
Michael Harrington, Assistant Treasurer
Thomas E. Horn, Jr., Treasurer
Planning & Zoning Committee
David Letterman, Chairperson
Les Bartlett, Committee Member
Charles Cooper, Committee Member
Tom Ruppert, Committee Member
Jamie Tobin, Committee Member
Rodney Whalen, Committee Member
Town Attorney
Scott Chambers, Esq., Schmittinger & Rodriguez, P.A.
Kathryn Garrison, Esq., Schmittinger & Rodriguez, P.A.
Town Staff
Administration
Jeanette Hurlock, Senior Clerk/Recording Secretary
JoAnna Nelson, Deputy Clerk
Christine D. Letterman, Deputy Clerk
Inspections and Enforcement
Derrick Johnson, Inspector/Code Enforcement Officer
Sue Muncey, Administrative Assistant
Public Safety
Brian Hill, Chief of Police
Kristine Reed, Administrative Assistant—Public Safety
Public Works
Jeffrey A. Hurlock, Town Foreman
Gary Faulkner, Manager
David Ross, Lead Technician
Gary Everage, Technician
Roland Timmons, Mechanic/Technician
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
v
County and State Officials
Kent County
Levy Court
P. Brooks Banta, President, 1st District
Bradley S. Eaby, 2nd District
Allan F. Angel, Vice President, 3rd District
Eric L. Buckson, 4th District
W.G. Edmonson, II, 5th District
Harold K. Bode, 6th District
Richard E. Ennis, Sr., At-Large
County Administrator
Michael J. Petit de Mange
Planning Services Department
Sarah E. Keifer, AICP, Director
New Castle County
County Executive
Christopher A. Coons
County Council
Paul G. Clark, Council President
Joseph Reda, 1st District
Robert S. Weiner, 2nd District
William J. Tansey, 3rd District
Penrose Hollins, 4th District
Stephanie McClellan, 5th District
William Powers, 6th District
George Smiley, 7th District
John J. Cartier, 8th District
Timothy P. Sheldon, 9th District
Jea P. Street, 10th District
David L. Tackett, 11th District
William Bell, 12th District
Chief Administrative Officer
Jeffrey W. Bullock
Land Use Department
Dave Culver, General Manager
State of Delaware
Governor
Ruth Ann Minner
Senate
Bruce C. Ennis,, Senator, 14th District
House of Representatives
William J. Carson, Jr., Representative, 28th District
Office of State Planning Coordination
Constance C. Holland, AICP, Director
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
vi
Institute for Public Administration
This comprehensive plan was prepared by the Institute for Public Administration (IPA), a unit within the
College of Human Services, Education & Public Policy at the University of Delaware. 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. Jerome R. Lewis is the director of the Institute.
Linda Raab, AICP, an IPA planning consultant, served as principal planner and IPA liaison with the
Clayton Town Council, the Clayton Planning & Zoning Committee, and the residents of Clayton. Martin
Wollaston, IPA Policy Scientist, coordinated staff efforts to produce the final plan. Nicole Minni, GIS
specialist with IPA, provided support for the development of digital mapping data. Mark Deshon, IPA
assistant policy specialist, provided editorial support and designed the plan’s cover.
Institute Director
Jerome R. Lewis, Ph.D.
Clayton Comprehensive Plan Team
Linda P. Raab, AICP, Planning Consultant
Martin W. Wollaston, Planning Services Manager
Mapping and GIS Development
Nicole M. Minni, GIS/Graphics Specialist
Design and Editorial Support
Mark A. Deshon, Assistant Policy Specialist
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
1
Chapter 1. Introduction
The 2008 Town of Clayton Comprehensive Plan 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.
1-1. 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.”
Since Clayton’s population is estimated to be greater than 2,000, the 2008 Town of Clayton
Comprehensive Plan includes the elements of a comprehensive plan described in Section 702(b) of the
Delaware Code. It is “a document 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.” In addition, the town’s process for preparing this plan was accomplished in “coordination
with other municipalities, the county, and the state….”
Title 22, Section 702(e) of the Delaware Code also requires that…
At least every five 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 first comprehensive plan was enacted in 1978. On December 11, 1996, Clayton adopted a new
plan. The 1996 plan was updated on January 16, 2003, and certified by the Office of State Planning
Coordination on January 24, 2003. Since its adoption, the 2003 plan was amended twice. This plan
fulfills the requirement for a ten-year re-adoption.
Like all Delaware plans, this plan is a legal document. Chapter 7, Title 22, Section 702(a) of the
Delaware Code directs that “any incorporated municipality under this chapter shall prepare a
comprehensive plan for the city or town or portions thereof as the commission deems appropriate.”
Section 702(a) further specifies, “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.”
1-2. Plan-Development Process
This section outlines the course of action leading to the adoption of this plan.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
2
1-2a. Local Public Participation
The Town held two public participation events to seek input from the community.
Public Workshop—September 19, 2007
The Clayton Planning & Zoning Committee hosted a workshop on September 19 2007. To encourage
maximum community participation, the following notice was placed in the utility bills sent to each
Clayton household on August 31, 2007.
Notice is hereby given that the Clayton Planning and Zoning Committee will hold a workshop on
Wednesday, September 19, 7:00 pm, at the Clayton Fire Hall, 300 Railroad Avenue.
The purpose of this workshop is to solicit public input that will provide guidance to the Planning and
Zoning Committee as it develops a 10-year update to the Town’s comprehensive plan to recommend to the
Town Council. Examples of the types of issues that will be discussed at this workshop include
transportation, housing, employment, the environment, municipal services, and land use. The workshop
also seeks input on the Clayton community’s vision for its future particularly on land use and growth so
that the resulting document can guide decisions on development proposals, annexations, and capital
improvements.
A copy of Clayton’s current comprehensive plan is available for inspection at the Clayton Town Hall
during regular business hours. It can also be accessed on the website maintained by the Institute for Public
Administration, University of Delaware at http://www.ipa.udel.edu/localgovt/municipalities/clayton/
This notice was also placed in the Smyrna-Clayton SunTimes on September 5, 12, and 19, 2007. In
addition, on August 30, 2007, an e-mail was sent to officials from the Office of State Planning
Coordination (OSPC), the Smyrna School District, the Dover/Kent Metropolitan Planning Commission,
the Delaware Rural Water Association, New Castle County, Kent County, and the Town of Smyrna.
Approximately 30 people participated in the workshop, including representatives from the Office of State
Planning Coordination and Kent County as well as several members of the Clayton Town Council.
The meeting began with a summary of a comprehensive plan’s general characteristics and an outline of
the contents of Clayton’s current plan. The group then reviewed a number of events that have taken place
in the Clayton vicinity over the past five years. The remaining discussion focused on the land use plan,
especially for areas proposed for annexation. The meeting concluded with a discussion of growth,
annexation, and development of the area surrounding Clayton. The group recommended that one parcel
be added to the proposed annexations set forth in 2005 plan update.
Each participant was asked to provide written answers to three questions. Respondents were asked to
identify the most important issues facing Clayton over the next several years and express their opinions
on whether and how the town should grow.
Community Dinner—March 20, 2008
On March 20, 2008, the Clayton Town Council and Planning & Zoning Committee jointly hosted a
community dinner at the Clayton Fire Hall to seek additional input from the community. Invitations to
the dinner were placed in the utility bills sent to each Clayton household on February 29, 2008.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
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The Town Council and the Planning and Zoning Committee are updating Clayton’s comprehensive plan
and would like to hear your ideas on Clayton’s future. Should the town grow? Does the town need more
stores and other types of businesses? What services should be provided? What sorts of problems do you
think the community will face over the next 5 to 10 years? Please join the Town Council and the Planning
and Zoning Committee to help chart Clayton’s future at a community dinner and workshop at the Clayton
Fire Hall, 300 Railroad Avenue, on March 20, 2008 at 6:30 pm.
You can see Clayton’s current comprehensive plan on the web at
http://www.ipa.udel.edu/localgovt/municipalities/clayton/ or at the Clayton Town Hall, 414 Main Street,
653-8419, during regular business hours.
This notice was also placed in the print edition of Smyrna-Clayton SunTimes on March 5, 13, and 19,
2008. An article about the dinner was posted on the SunTimes Web edition of March 12, 2008.
In addition, on February 26, 2008, an e-mail was sent to officials from the Office of State Planning
Coordination (OSPC), the Smyrna School District, the Dover/Kent Metropolitan Planning Commission,
the Delaware Rural Water Association, New Castle County, Kent County, and the Town of Smyrna. A
follow-up e-mail was sent on March 11, 2008.
Approximately 100 people participated in the workshop, including representatives from the Office of
State Planning Coordination and Kent County as well as several members of the Clayton Town Council.
The meeting focused on solely on the question of whether Clayton should expand its boundaries.
Discussion centered on the 2005 plan’s future land use map which depicts land uses within Clayton’s
current corporate limits and indicates areas suitable for annexation.
Each participant was asked to provide written answers to four questions. As with the September 19
workshop, respondents were asked to identify the most important issues facing Clayton over the next
several years and to express their opinions on whether and how the town should grow. In addition,
respondents were given a map of the Clayton area and asked to indicate the parcels or areas that the town
should consider for annexation. The mayor left the public record for the workshop open for two weeks in
order provide time for citizens to complete the questionnaire and maps.
1-2b. Planning Commission Preparation
Title 22, Section 702(a) of the Delaware Code assigns responsibility for comprehensive plan preparation
to municipal planning commissions. On June 27, 2007, the Clayton Planning and Zoning Committee met
with IPA planners to initiate preparation of Clayton’s plan. As pointed out earlier, the committee was
involved in two public participation events. At a special meeting of September 29, 2008, the committee
reviewed a draft of the 2008 plan document and transmitted it to the Town Council; and, in accordance
with Town Council direction, authorized submission of the plan for PLUS review.
1-2c. Intergovernmental Review
County and Municipal Review
Recognizing the importance of intergovernmental coordination with nearby counties and towns, the
Clayton town staff and IPA planners initiated and maintained contact with New Castle County, Kent
County, the Town of Smyrna, and the Smyrna School District during the process of updating the plan. As
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
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stated in the previous section, these local officials were invited to the September workshop and the March
community dinner. Web links to the draft plan were sent to the Town of Smyrna, the Smyrna School
District, and New Castle County; Kent County received an invitation to comment as part of the PLUS
review. Written comments supporting the draft plan were provided by the Town of Smyrna, Kent
County, and the Smyrna School District. In addition, Clayton officials hosted a meeting with the New
Castle County Executive and staff to discuss annexation and preservation issues. The proposed
annexation of the Wright Farm coupled with preservation of the Peoples Farm described in 10-3b is the
result of this collaboration.
State Review
Title 29, Chapter 92 of the Delaware Code requires that the state certify county and municipal
comprehensive plans. Known as the Preliminary Land Use Service (PLUS), the certification process
involves review and comment from state departments and agencies. The Office of State Planning
Coordination (OSPC) organizes the comment process and works with each jurisdiction on items required
for plan certification.
On October 31, 2007, OSPC and the state agencies involved in the PLUS process reviewed the 2005 plan
amendment. The purpose for this review was to outline issues and items for Clayton to consider during
the 2008 plan development. These comments were documented in a written response dated December 3,
2007.
On October 1, 2008, a draft of the 2008 plan was sent to the OSPC for PLUS review. Both OSPC and
IPA posted the draft plan on their websites, and a link to the plan was posted on the town website. In
addition, copies of the plan were available at the Clayton Town Office.
On October 23, 2008, OSPC and the state agencies involved in the PLUS process reviewed the draft plan.
In a letter dated November 18, 2008, the OSPC released Clayton’s PLUS review comments. During the
week of November 24, 2008, a link to the PLUS comments was posted on the town website.
1-2d. Town Council Adoption
On December 8, 2008, the Town Council held a public hearing on the plan. Notice of this hearing was
posted on the Clayton website, at the Town offices, in the print edition of the Smyrna Clayton SunTimes
on December 3, 2008, and in an insert to the December utility bills sent to each Clayton residential and
commercial customer. No public testimony was presented.
On December 8, 2008, the Town Council adopted the plan. A copy of the Council’s ordinance adopting
the plan follows OSPC’s certification letter in this document.
1-2e. Plan Certification
On January 7, 2009, the governor certified the plan. A copy of the certification letter follows the inside
cover of this document.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
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Chapter 2. Background
2-1. Location
The map below depicts Clayton’s regional location. Clayton is located 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 which connects the area to the western shore of Maryland.
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.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
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2-2. 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 appointed
Secretary of State by President Zachary Taylor.
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.
Clayton did not escape the effects of the Great Depression that hit the entire country in 1929. Railroad
business declined, and with it a general downswing in industry occurred during this period. However, the
railroad and Clayton recovered from the economic slump when World War II spawned renewed industrial
activity. After the war, however, Clayton’s prominence as a railroad town diminished with the
introduction of the diesel engine. Trains, propelled by these faster and more reliable engines, no longer
needed to stop at the Clayton station on the route from Wilmington to the southern and western sections
of the Delmarva Peninsula.
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
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
7
plant expanded its operations, and the Leed’s Travelwear Company located a plant in Clayton on the east
side of Bassett Street.
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 to remain, in town. The commercial area
along Main Street supports a variety of commercial enterprises.
Most of Clayton’s working residents are employed outside of the town. Hanover Foods took over the
W.L. Wheatley Company facilities. The property, on which the Leeds Plant was located, is now the
Clayton-Smyrna Industrial Park. The railroad, which spawned the town, continues to exert a major
influence because of the size and location of its substantial land holdings.
2-3. Community Profile
This section presents a profile of the Clayton community. It includes information on households,
population, race, age, and education.
2-3a. Households
Figure 1 depicts Clayton’s trend in households from 1960 to 2000. Between 1960 and 1970, fewer than
35 new households were formed in Clayton. This is in stark contrast to the surge of nearly 120 new
households that formed between 1970 and 1980. The 1980s saw a slight decline in the number of
households, but the trend was reversed in the 1990s, with a ten percent increase from 454 households in
1990 to 499 households in 2000.
Figure 1.
Clayton Households, 1960-2000
499
500
460
Households
450
454
400
350
308
342
300
250
1960
1970
1980
1990
2000
Source: U.S. Census 1960-2000; 1990 from Summary Tape File 3, 2000 from Summary File 1
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
8
Figure 2 portrays household sizes for Clayton, Kent County, and Delaware in 1990 and 2000. The table
shows that Clayton’s households increased in average size while Kent County’s and the state’s decreased.
Figure 2.
Household Size, Clayton, Kent County, and Delaware, 1990 and 2000
2.70
Persons
Per 2.65
Household
2.60
2.70
2.61
2.61
2.55
1990
2000
2.50
2.54
2.55
2.50
2.45
2.40
Clayton
Kent County
Delaware
Source: U.S. Census 1990 Summary Tape File 1; U.S. Census 2000 Summary File 1
2-3b. Population
Population Trends
Figure 3 shows Clayton’s population trend from 1940 to 2000. Between 1940 and 1960, the population
increased by 15 percent from 890 residents to 1,028 residents. After a decline in the 1960s, there was a
second growth surge between 1970 and 1980 when the population skyrocketed almost 20 percent from
1,015 to 1,215. Population declined once again in the 1980s and rebounded in the 1990s.
Figure 3.
Clayton Population, 1940-2000
1,300
1,273
1,250
1,215
1,200
Persons
1,150
1,163
1,100
1,028
1,050
1,000
1,015
950
900
850
928
890
800
1940
1950
1960
1972
1980
1990
2000
Source: U.S. Census 1940-2000; 1990 from Summary Tape File 1; 2000 from Summary File 1
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
9
Table 1 compares Clayton’s population changes with those of Kent County and Delaware from 1940 to
2000. As the table shows, the population in Delaware and Kent County increased steadily, while
Clayton’s population declined twice.
Table 1.
Population Change, Clayton, Kent County, and Delaware, 1940-2000
Town of Clayton
Kent County
Delaware
Number
Change
Number
Change
Number
Change
1940
890
31,840
266,502
1950
928
+4.3%
24,441
+8.2%
318,085
+19.4%
1960
1,028
+10.8%
37,870
+10.0%
446,292
+40.3%
1970
1,015
–1.2%
65,651
+73.4%
548,104
+22.8%
1980
1,215
+19.7%
81,892
+24.7%
594,338
+8.4%
1990
1,163
–4.2%
110,993
+19.9%
666,168
+12.1%
2000
1,273
+9.5%
126,697
+14.1%
783,600
+17.6%
Source: U.S. Census, 1940-2000; 1990 from Summary Tape File 1; 2000 from Summary File 1
Year
Current Population
Clayton’s current population estimate was made by multiplying the number of households by the average
family size. Since every Clayton household receives utility services from the town, the number of utility
bills was used as the estimated number of current households. This figure was multiplied by the town’s
average family size from the 2000 Census to estimate Clayton’s 2008 population. Table 2 outlines these
calculations.
Table 2.
Current Population Estimate
Item
Current Households
Average Household Size
Current Population
Calculations
963
2.55
2,456
Sources and Notes
Number of Residential Utility Bills, 02/29/2008
U.S. Census 2000, Summary File 1
Households times Average Family Size
Population Projection
Population projections for small towns like Clayton are difficult, because data inaccuracies and/or the
assumptions used for the forecasts can result in very large errors when projected over time. Clayton’s
population was projected using buildout calculations (A jurisdiction reaches buildout when there is no
developable, vacant land).
Table 3 estimates the number of housing units that could be built within Clayton’s current municipal
boundaries. This calculation includes homes approved but not yet constructed. It also includes
undeveloped or redevelopable properties where development plans are unknown. For these properties, an
estimate of the number of possible units was made by multiplying the property’s acreage by the number
of dwelling units per acre allowed under current zoning regulations. As the table shows, Clayton could
have 1,320 new homes at buildout.
Table 4 calculates the impact of the addition of 1,320 new homes on Clayton’s population. Using the
2000 Census figure of 2.55 persons per household, it was estimated 1,320 units could result in an increase
of 3,365 persons. When added to Clayton’s estimated 2008 population of 2,456, the buildout population
is 5,827.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Table 3.
10
Buildout Calculations
The Ovations
R
Old Country Farm
Green Gable Farm
Providence Crossing
Huntington Mills
Village of Wheatley's Pond
Denbone
Budd
R
R
RS
RS
R
R1
R
Dwelling Unit
Type(s)
2- & 3-Family
Attached
Detached
Detached
Detached
Detached
Townhouses
Apartments
Detached
Liberty Knoll
R
Townhouses
Property Name
Zone
Acres
Unbuilt
Units
37.0
200
161.0
78.0
182.0
84.0
1.2
4.9
3.4
387
328
225
19
22
48
14
3.1
41
Johnson
R
Detached
0.5
Grain Mill Station
R
Townhouses
4.7
Totals
559.8
Source: Town of Clayton as of 02/29/2008, compilations by IPA
2
34
1,320
Table 4.
Notes
Over-55 cluster approved
04/23/2008
Under construction
Estimate at 4.2 DUs/acre
Under construction
Under construction
No activity
Rezoned October 2007
Estimate at 4.2 DUs/acre
12 homes recorded; 30 homes
approved
Estimate at 4.2 DUs/acre
Plan approved 03/24/2008
Per approved plans or current zoning
Population at Buildout
Item
Current Population
Future Households
Average Household Size
Future Population
Population at Buildout
Complied by IPA, March 2008
Calculations
2,456
1,320
2.55
3,365
5,821
Sources and Notes
Table 2
Table 3
U.S. Census 2000, Summary File 1
Households times Average Family Size
Current Population plus Future Population
Though the market will determine the pace of buildout, Figure 4 charts how population growth might
occur. The dashed line represents population at buildout estimated in Table 4; each of the three scenarios
assumes different rates of growth. Scenario 1 shows how Clayton’s population would increase if 100
homes were built each year; buildout would be achieved around 2020. In Scenario 2, buildout occurs
around 2025 with 75 homes constructed each year. Scenario 3, based on 50 homes per year, does not
reach buildout until 2035.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Figure 4.
11
Buildout Scenarios
7,000
Scenario 1
100 DUs/Year
6,500
6,026
Buildout Population = 5,821
6,000
Scenario 2
75 DUs/Year
Scenario 3
50 DUs/Year
6,154
6,090
5,500
5,516
4,751
Population
5,000
5,134
4,879
4,500
4,177
4,000
4,241
3,476
3,500
3,604
3,221
3,000
2,966
2,500
2,456
2,000
2008
2012
2017
2022
2027
2032
2037
Complied by IPA, March 2008
2-3c. Racial Composition
Clayton’s racial composition is shown in Table 5. As the table indicates, 99.3 percent of Clayton’s total
population identify themselves as belonging to one race. Of those indicating a single race, nearly 91
percent are white, 8.1 percent are black/African American, and nearly one percent are other than white or
black/African American.
Table 5.
Clayton Racial Composition, 2000
Race
One Race
White
Black/African American
Other than Black/African American
Includes American Indian and Alaska Native, Asian, Native
Hawaiian and Other Pacific Islander, and all other races
Total One Race
Two or More Races
Total
Source: U.S. Census 2000 Summary File 1
Percent
90.9
8.1
0.9
99.3
0.7
100.0
2-3d. Age Profile
Figure 5 compares Clayton’s age profile with age profiles for Kent County and Delaware. The chart
indicates that Clayton’s population has not aged as have the populations of the county and the state.
Between 1990 and 2000, Clayton’s median age dropped from 36.7 to 35.8, while the county’s and the
state’s median ages increased. Kent County’s median age jumped from 31.3 to 34.4, and the state’s
median age increased from 33.0 to 36.0.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Figure 5.
12
Age Profiles, Clayton, Kent County, and Delaware 1990 and 2000
Clayton
Under 18
18-64
100%
Kent County
14.0%
17.0%
Under 18
Over 65
100%
18-64
10.3%
Delaware
Over 65
14.0%
60%
58.8%
60.0%
60%
62.5%
58.8%
40%
40%
27.2%
27.2%
23.0%
27.3%
0%
0%
1990
Median Age
36.7
2000
35.8
Over 65
12.1%
13.0%
60%
63.4%
62.2%
24.5%
24.8%
40%
20%
20%
100%
18-64
80%
80%
80%
Under 18
20%
0%
1990
Median Age
2000
31.3
1990
34.4
Median Age
2000
33.0
36.0
Source: U.S. Census 1990 Summary Tape File 1; U.S. Census 2000 Summary File 1
2-3e. Educational Attainment
Table 6 summarizes educational attainment for Clayton, Kent County, and Delaware. Seventy-three
percent of Clayton’s residents have graduated from high school. By comparison, 79 percent of Kent
County and 83 percent Delaware residents reported having received high school diplomas. Twelve
percent of Clayton’s residents hold a bachelor’s degree, while 19 percent of the county and 25 percent of
the state’s population had completed college.
Table 6.
Educational Attainment
Jurisdiction
High School Graduate or Higher
Bachelor’s Degree or Higher
Town of Clayton
73%
12%
Kent County
79%
19%
State of Delaware
83%
25%
Note: Includes Persons 25 Years and Older
Source: U.S. Census 1990 Summary Tape File 3; U.S. Census 2000 Summary File 3
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
13
Chapter 3. Planning Environment
Clayton’s planning environment consists of more than its own plans and policies. It encompasses the
plans and policies of the state, the counties in which the town is located, and adjacent municipalities.
This section 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 2008 Comprehensive Plan.
3-1. 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.
3-1a. State Strategies
On September 23, 2004, Governor Ruth Ann Minner signed the Delaware Strategies for State Policies
and Spending Update, Five-Year Update July 2004, which guides state funding decisions and policy
formation. Consisting of text and maps, the Strategies document is important for municipal planning
because it depicts graphically, as well as describes, the areas to which the State will channel its financial
resources. It also identifies the areas that are not intended for development. While the state does not
intend that this document direct local land use decisions, it does intend that the Strategies document guide
its funding decisions. Delaware local governments must incorporate these strategies in their
comprehensive plans and land use decisions, because they form the basis for state review of local land use
actions as required under the Preliminary Land Use Service (PLUS).
Investment Levels
The Strategies document classifies the entire state, using 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. Table 7 lists each investment
level, its characteristics, and a summary of its state investment strategies.
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 development, or the subject of
development plans. Approximately 240 acres, located in the southwestern part of Clayton between
Underwoods Corner Road and Wheatley’s Pond Road (SR 300), are in Level 4.
The area east of Clayton is within Investments Levels 1 and 2. Most of the area west of Clayton is
designated Level 4.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Table 7.
14
State Strategies Investment Levels
Investment
Characteristics
Strategies
Level
Level 1
Municipalities, census designated places, urban
Encourage…
places in counties
Redevelopment and reinvestment
Higher density than surrounding areas
Efficient use and maintenance of existing
Assortment of housing types
public and private investment
Variety of transportation modes
Mixed uses within buildings
Sense of place
Transfer of Development Rights (TDR) receiving
areas
Level 2
Less developed areas within municipalities
Base investment decisions on available
Suburban or rapidly growing areas in counties having infrastructure.
existing or planned public utilities
Promote broad mix of housing types and
Suitable TDR receiving areas.
commercial uses.
Adjacent or near Investment Level 1 Areas
Encourage development that is consistent
Small towns and rural villages
with existing character.
Limited array of housing types
Encourage compact, mixed use
Primarily local office and commercial uses
development.
Level 3
Lands in long-term growth plans where development Generally limited state investment until…
not suitable in near term
Nearby Level 1 or 2 areas are built up
Lands adjacent to, or within, fast-growing areas in
Providing public facilities is a logical
Investment Levels 1or 2 that are impacted by
extension of facilities serving Investment
environmentally sensitive features, agricultural
Levels 1 or 2
preservation issues, or infrastructure concerns
Level 4
Predominantly agricultural containing agribusiness or Discourage additional development unless
farm complexes
related to area needs.
Small settlements located at historic crossroads
Limit infrastructure investment, except to
Undeveloped natural areas, such as forestlands
address public health, safety, or welfare.
Large recreational uses, such as state and county
parks or fish and wildlife preserves as well as private
recreational facilities
Source: Delaware Strategies for State Policies and Spending Update, 5 Year Update, July 2004, signed by the
governor on September 23, 2004, pages 36-56.
Out of Play Areas
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; 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 indicates, floodplains, protected by both New Castle
and Kent Counties are adjacent to Clayton.
3-1b. 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.
‚ Preserving a critical mass of crop land, forest land, and open space to sustain Delaware's quality of life
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
15
▪ 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, the property owner may withdraw from the program, continue the preservation
easement, or make application to create an agricultural easement by selling development rights
▪ Agricultural Easement—Delaware’s farmland preservation program provides for purchase of the
development rights of agricultural or forest land that have been in Agricultural Preservation Districts
for a minimum of ten years.
As Map 2 indicates, no Agricultural Preservation Districts or Easements are within Clayton’s corporate
limits. However, a number of parcels in farmland preservation are adjacent to or near the town’s
boundaries in the vicinity of Wheatley’s Pond Road (SR 300) and Alley Corner Road and on both sides of
Sunnyside Road near the railroad.
3-2. New Castle County
New Castle County’s plans and policies are important because Clayton’s corporate limits either extend
into the county or border it. 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.
3-2a. New Castle County Planning History
Ensuring the rural character of southern New Castle County, which includes the area north of Providence
Creek between the Middletown-Odessa area and the Clayton-Smyrna area, is a cornerstone of the
county’s land use program.
‚ 1997 Comprehensive Development Plan Update⎯This plan update designated the area north of Duck
Creek as appropriate for “Very Low” density of no more than “0 to 1 Dwelling Units Per Acre.”
‚ 1997 Unified Development Code (UDC)⎯The UDC contains strong standards to protect natural
resources and farmland. Some of these are:
— Suburban Reserve Zone⎯Land in the Suburban Reserve Zone is reserved for long-term
development, and the preservation of open space and agricultural activities are encouraged. Public
sewer and water service is not provided in this area, and densities generally may not average more
than one dwelling per five acres. Development plans that cluster homes and leave substantial
amounts of open space are encouraged.
— Sunsetting⎯Approved development plans, for which construction has not begun after five years
from their approval date or the UDC’s adoption date, may be subject to revision if not in
compliance with current standards.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
16
— Environmental Standards⎯The UDC includes strict standards to protect wetlands, stream valleys,
steep slopes, and forested areas depicted in the Out-of-Play Areas on Map 2.
‚ 1998 Comprehensive Rezoning⎯Following adoption of the 1997 plan update and enactment of the
UDC, the entire county was rezoned to reflect the land uses adopted in the plan. The rural areas north
of Duck Creek were zoned Suburban Reserve.
▪ 2002 Comprehensive Development Plan⎯On March 25, 2002, New Castle County adopted an update
to its 1997 plan update. Consistent with the state strategies and continuing the land use policies of the
1997 update, this plan once again designated “Very Low” density for the land north of Providence
Creek.
3-2b. 2007 New Castle County Plan Update
On July 24, 2007, the County Council updated the 2002 plan. Like the 2002 Plan, the 2007 plan update
calls for directing development and redevelopment to the northern parts of the County and to the
Middleton-Odessa vicinity. The future land use map (Map II-2) designates the area north of Providence
Creek for “Resource and Rural Preservation” and advocates very low density. Accordingly, this area is
not planned for “significant infrastructure investment’ especially sewer service (Map VII-B-2). However,
the plan designates the area as a TDR (transfer of development rights) sending area as a way to respect
the development rights of the property owners in the County’s southern area. The TDR program allows
southern County property owners to sell and transfer their development rights to properties in areas
earmarked for urban services.
3-3. 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 State Routes 6 and 300 to Alley Corner Road (SR 15).
3-3a. Kent County Planning History
Like New Castle County, Kent County’s recent land use actions have underscored the its commitment to
agricultural preservation and growth management. Responding to the1995 Cabinet Committee on State
Planning Issues Report, the Levy Court enacted a 1996 ordinance aimed at strengthening the county’s
ability to conserve farmland and direct growth to areas where infrastructure was either in place or
planned. The ordinance established a growth overlay zone representing an approximate two-mile radius
from each of the county’s sewage-pumping stations. Densities up to three dwellings per acre with
minimum 10,000-square-foot lot were allowed where sewer service either was in place or an expansion
was economically feasible. Areas outside the growth zone were considered for service only when
environmental and health concerns surfaced in existing developments. The ordinance also established
density standards and open-space requirements for developments in the county’s two agricultural
(Agriculture Conservation, AC and Agricultural Reserve, AR) zones.
The 2002 Kent County Comprehensive Plan Update, adopted March 23, 2002, refined the growth zone
boundaries and confirmed the Levy Court’s 1996 policy.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
17
3-3b. 2007 Kent County Draft Plan Update
The Draft 2007 Kent County Comprehensive Plan (Fourth Draft, 07/01/2008), confirms the Growth Zone
Overlay as the primary growth management strategy. County officials will continue to use the boundaries
of the Growth Zone Overlay to determine where investments in public infrastructure and services should
be made. Within the Growth Zone, the county intends to provide “a full suite of public services including
adequate roads, water, wastewater, parks and recreation, and fire and emergency medical services.” The
plan also recommends utilizing the county’s transfer of development rights (TDR) program to channel
development away from rural areas.
The plan supports protecting the land use patterns, aesthetic character, and values of the cities and towns.
Accordingly, the plan calls for development in and around cities and towns to respect existing
development patterns of adjacent municipalities. Achieving this means that county and municipal
officials must strengthen their intergovernmental ties with respect to development-plan review, service
extensions, and annexations.
3-4. Town of Smyrna
Smyrna’s plans and policies are important for Clayton because most of the 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 a growth as the Town implements the annexation strategy adopted in the 2002 Plan; some of
this growth directly affects Clayton’s land use decisions, especially the Wal-Mart distribution center in
the Smyrna Industrial Park located adjacent to Clayton’s corporate limits on the south side of SR 300.
3-4a. Smyrna’s Planning History
Smyrna’s planning history begins with the adoption its first Comprehensive Plan in 1973. Though
economic conditions did not indicate a market for significant new development, it was determined that
that then-existing utility systems would accommodate a doubling of population. The plan recommended
creating an historic district and establishing a code enforcement program to preserve housing stock.
Other plan recommendations included a health clinic and a new town hall, police station, and library.
Between 1973 and Smyrna’s latest plan, the Town Council adopted two updates. The 1988 update called
for a compact land cost-effective growth pattern that where lands would be annexed to create
opportunities for employment. The 1997 update designated an area in the southeast quadrant of the
railroad tracks and Wheatley’s Pond Road (SR 300) as an area suitable for an industrial park where the
Wal-Mart distribution center is now located.
3-4b. 2002 Town of Smyrna Comprehensive Plan
Smyrna’s 2002 plan builds on the 1988 and 1997 plans. The growth annexation element of the plan
identifies the railroad as Smyrna’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 consistent with Clayton’s desires. Accordingly, the Smyrna plan’s
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
18
growth-area map depicts Smyrna’s ultimate boundaries as co-terminus with the areas proposed for
annexation in Clayton’s 2005 plan amendment. 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.
3-5. Town of Clayton
This section chronicles Clayton’s comprehensive planning history. It also describes the environment in
which planning and land use regulation is conducted in the town.
3-5a. 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 Wheatley’s 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 two
parcels: 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 1998. This annexation is significant because the St.
Joseph holdings extend into New Castle County. The entire New Castle County portion is being farmed.
Although most of the Kent County portion remains undeveloped, the buildings and grounds once
occupied by the former St. Joseph’s Industrial School have been rehabilitated to accommodate the
Providence Creek Charter School.
The 1996 plan also recommended that the 1979 zoning and subdivision ordinances be updated.
Accordingly, the Town Council adopted a completely revamped zoning ordinance in 1998. 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
In accordance with 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 84acre Davis (Huntington Mills) Farm, the 182-acre Lester (Providence Crossing) Farm, 15 single-family
homes opposite the Wheatley’s Pond subdivision, and the 2.4-acre Royster-Clark fertilizer plant located
at the southeast corner of Wheatley’s 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 State Routes 6 and
300.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
19
2003 and 2004 Plan Amendments
Between 2002 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 Wheatley’s 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 economicdevelopment 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.
Though these plan amendments made no changes in Clayton’s proposed annexation area, two annexations
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) was incorporated into the Clayton town
boundary.
2005 Plan Amendment
In 2005, the Town amended its comprehensive plan once again. This plan update 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 area between Underwoods Corner Road and Wheatley’s Pond Road (SR
300), were added to Clayton’s annexation area. The largest of these was the 163-acre Diemeke Farm
(Mitchell Investments, Old Country Farm), currently being developed with 412 single-family 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 a future 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
which remains undeveloped. The developed properties included the Pheasant Point and Byler
subdivisions, located on the south side of Underwoods Corner Road near its intersection with Wheatley’s
Pond Road.
3-5b. 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 the town’s zoning ordinance, the
committee makes recommendations to the mayor and 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 & Zoning Committee, and Board of Adjustment.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
20
Over the past several years, Clayton has assumed responsibility for a number of developmentmanagement functions from Kent County. In December 2002, the Town adopted a property-maintenance
code and hired a part-time code-enforcement officer to administer it. On April 14, 2004, the Town
Council named the first town building inspector and established the ICC (International Code Council)
International Residential and Business Code, 2003 edition, as the town’s building regulations. At the
same time, local service functions (inspections, regulations and permits) were transferred from Kent
County to the town.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
21
Chapter 4. Environmental Resources
4-1. Description
4-1a. 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 towards the Atlantic Ocean from northwest to southeast.
The majority of underlying soils in Clayton are Sassafras series soils. These soils are highly productive,
well drained, and generally not subject to flooding. Thus, they are suitable for both development and
agriculture. Other soil types found in Clayton include Woodstown, Johnson, Evesboro, and Rumford.
Soils in the Johnson series are not suitable for development because they occur along creek beds in
floodplains. Woodstown series soils have moderate limitations to development, and both Evesboro and
Rumford series soils are suitable for development.
4-1b. Topography
Clayton’s topography can be characterized as gently sloping. As shown on Map 3, 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
Wheatley’s 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.
4-1c. Streams, Rivers, Lakes, and Ponds
Map 3 displays streams, rivers, lakes, and ponds in the Clayton vicinity. Clayton is located in the Smyrna
River drainage basin, which flows in an easterly direction 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 Wheatley’s Pond, which is used as a stormwatermanagement facility for the adjacent Wheatley’s 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.
4-1d. Source-Water Protection Areas
Source-water protection areas are wellhead-protection areas and excellent-recharge areas.
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 3 shows, there are
three wellhead-protection areas in Clayton that provide the town’s drinking water supply. In addition,
there are two large wellhead-protection areas serving properties outside of Clayton whose boundaries
stretch on to properties within Clayton’s corporate limits.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
22
Excellent-Recharge Areas
A recharge area is land on top of an aquifer. Precipitation falling on the land surface provides all the
water that recharges aquifers. Recharge areas are classified as excellent, good, fair, and poor according to
how rapidly rain water 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 recharge areas to ensure that precipitation does not pick up and
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 3, there are three excellent-recharge areas within the town limits. Excellent-recharge
areas consist of predominantly sandy soils that allow precipitation to most rapidly infiltrate to the
underlying aquifer. Good-, fair-, and-poor recharge areas have respectively slower infiltration rates.
4-1e. Floodplains
Map 3 displays the boundaries of the 100-year floodplain associated with streams and rivers in the
Clayton vicinity. The 100-year floodplain is the area where a flood has a one percent probability of being
equaled or exceeded in any given year. This is also referred to as the base flood.
As the map shows, the most extensive floodplain areas in and around Clayton are along Providence
Creek, which forms the border between Kent and New Castle Counties. There are also floodplains along
Greens Branch and Mill Creek.
4-1f. 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.
Table 8 lists the types of wetlands found in Delaware.
Table 8.
Delaware Wetland Types
Tidal
Non-Tidal
Salt Marshes
Freshwater Marshes
Brackish Marshes
Forested Wetlands
Freshwater Marshes
Delmarva Bays
Scrub-Shrub Wetlands
Riverine Wetlands
Riverine Wetlands
Lake/Pond Wetlands
Source: Delaware Department of Natural Resources and Environmental Control (DNREC),
www.dnrec.state.de.us/dnrec2000/Divisions/FW/Adopt-A-Wetland
Map 3 shows the locations of wetlands in the Clayton vicinity. As the map indicates, there are no tidal
wetlands within Clayton. Non-tidal wetlands in Clayton are associated with the Paw Paw Branch, Greens
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
23
Branch, Mill Creek, and Providence Creek. Non-tidal wetlands, not associated with streams, are found
on the St. Joseph property.
4-2. Goals
‚ Preserve nearby water bodies for their designated uses.
▪ Support and contribute to the state’s strategies for curbing water pollution.
4-3. Recommendations
‚ Continue requiring annexed properties to connect to Clayton’s water and sewer system.
‚ Participate in organized efforts to develop environmental-protection measures, such as a Tributary
Action Team.
‚ Strengthen environmental-protection requirements in local development procedures.
‚ Develop regulations to protect environmental resources; utilize model ordinances developed by the
Delaware Department of Natural Resources and Environmental Control (DNREC) and incorporate
Kent County standards where feasible.
‚ Utilize resources, such as the Delaware Rural Water Association, for assistance in drafting
environmental-protection regulations and policies.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
24
Chapter 5. Historic Resources
5-1. Description
The map below depicts four properties in the Clayton vicinity that have been recognized for their
historical significance to the 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 80,000 and can be districts, sites, buildings, structures, or objects recognized for their
significance in American history, architecture, archeology, engineering, or culture. The National Register
is administered by the National Park Service, which is part of the U.S. Department of the Interior.
National Register status is awarded following a rigorous evaluation of a property’s historic criteria.
Table 9 provides additional information about each National Register property in and near
Clayton.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Table 9.
25
Clayton Vicinity National Register Properties
Property Name
Date Built
Byrd's AME Church
1894
Clayton Railroad Station
1855
Benjamin Gootee House
1860
St. Joseph's Industrial School
Source: State Historic Preservation Office
Date Listed
1982
1986
1983
2002
Type of Listing
Site
Site
Site
Site and District
Current Use
Place of Worship
Office
Educational Institution
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.
The Clayton Railroad Station is perhaps most important to the town’s railroad heritage, even though
trains not 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.
5-2. Goal
▪ Preserve historic heritage.
5-3. Recommendations
‚ Keep right of first refusal to purchase Clayton Railroad Station.
▪ Assist owners of historic properties in preserving historic a property’s characteristics by reducing or
waiving permit fees, fast-track permit processing, etc.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
26
Chapter 6. Economic and Community Development
6-1. Description
6-1a. Income and Poverty
Table 10 presents a comparison of income sources of households in Clayton, Kent County, and Delaware.
Clayton’s median household income in 1999 was $43,462, $3,000 higher than the county average but
$7,000 lower than the state average. Only one percent of Clayton residents received public assistance
income, compared to three percent for the state and county. The percent of households with retirement
income was nearly the same for all three jurisdictions.
Table 10.
Household Income, Clayton, Kent County and Delaware, 1999
Item
Median Household Income
Households with wage-and-salary income
Mean wage and salary income
Households with social-security income
Households with retirement income
Households with public-assistance income
Source: U.S. Census 2000, Summary File 3
Clayton
$43,462
78%
$46,179
29%
22%
1%
Kent County
$40,950
82%
$47,818
26%
22%
3%
Delaware
$47,381
79%
$57,407
27%
21%
3%
6-1b. Employment and Unemployment
Figure 6 portrays the employment status for Clayton, Kent County, and Delaware. Unemployment rates
are low in all three jurisdictions, which indicates that those looking for work are able to find it. Kent
County and Delaware’s unemployment rates are higher than Clayton’s, but more Clayton residents are not
in the labor force (i.e., those able, available, and seeking work). Persons not in the labor force are
typically young, disabled, or retired. As pointed out in Table 10, more Clayton households receive social
security than the households in Delaware and Kent County.
Figure 6.
Employment Status Clayton, Kent County, and Delaware, 2000
Clayton
Employed
65.5%
Kent County
Unemployed
3.2%
Unemployed
5.2%
Unemployed
5.2%
Employed
67.7%
Not in Labor Force
31.3%
Delaware
Employed
65.7%
Not in Labor Force
27.1%
Not in Labor Force
29.1%
Note: Includes Civilian Labor Force, Residents 16 Years and Older,
Source: U.S. Census 2000, Summary File 3
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
27
6-1c. Work Locations
Figure 7 shows where Clayton residents work. More than half of Clayton residents work either in town or
in Kent County. Slightly more than 43 percent work in either Sussex or New Castle Counties. Nearly
eight percent of Clayton residents work outside the state.
Figure 7.
Work Locations for Clayton Residents, 2000
Outside Delaware
7.8%
Clayton
11.3%
New Castle or
Sussex County
37.6%
Kent County
Outside Clayton
43.3%
Source: U.S. Census 2000, Summary File 3; compiled by IPA
6-1d. Occupations
Table 11 summarizes types of work that residents of Clayton, Kent County, and Delaware do, i.e., their
occupations. “Occupation” is not to be confused with “industry,” which refers to a type of business. The
table shows that the majority of residents in all three jurisdictions work in management or professional
positions or in sales or office jobs. In Kent County and Clayton, about 32 percent of residents hold
service and production jobs, compared with about 27 percent in Delaware. Construction-related
occupations comprise around 12 percent in Kent County and Clayton and 5.5 percent in Delaware.
Table 11.
Occupations Clayton, Smyrna, Kent County, and Delaware, 2000
Occupation
Farming, fishing, and forestry occupations
Construction, extraction, and maintenance occupations
Production, transportation, and material moving occupations
Management, professional, and related occupations
Service occupations
Sales and office occupations
Source: U.S. Census 2000, Summary File 3
Clayton
Smyrna
0.0%
11.9%
19.3%
25.5%
13.9%
29.4%
0.8%
9.5%
15.0%
25.8%
21.7%
27.2%
Kent
County
0.7%
11.6%
15.3%
28.5%
17.0%
26.9%
Delaware
0.5%
9.5%
12.5%
35.3%
14.6%
27.6%
6-1e. Kent County Businesses
Table 12 lists the types of business in Kent County (including those in Clayton) for 1999 and 2006.
When compared with the occupations of Clayton residents in Table 11, it shows that Clayton residents are
likely to continue to find work in their occupations in Kent County. For example, nearly 12 percent of
Clayton residents work in construction; the number of construction businesses rose by 27 percent between
1999 and 2006.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Table 12.
28
Kent County Businesses, 1999 and 2006
Type of Business
1999
Number of
Percent
Businesses
of Total
Forestry, Fishing, Hunting, and Agriculture
17
0.6
Support; Mining; Utilities
Construction
343
11.5
Manufacturing
85
2.9
Transportation and warehousing
141
4.7
Wholesale trade
118
4.0
Retail trade
598
20.1
Information
40
1.3
Finance and insurance
167
5.6
Real estate and rental and leasing
123
4.1
Professional, scientific, and technical services
215
7.2
Management of companies and enterprises
29
1.0
Administrative, support, waste management,
158
5.3
remediation services
Educational services
27
0.9
Health care and social assistance
260
8.7
Arts, entertainment, and recreation
52
1.7
Accommodation and food services
210
7.0
Other services (except public administration)
354
11.9
Unclassified establishments
42
1.4
Total Number of Establishments
2,979
100.0
Note:
Kent County businesses include Clayton businesses.
Source: U.S Census Bureau, County Business Patterns 1999 and 2006
2006
Number of Percent
Businesses of Total
Change 1999-2006
Number Percent
Change
Change
27
0.8
10
58.8
437
81
139
105
624
48
190
137
258
24
13.4
2.5
4.3
3.2
19.2
1.5
5.8
4.2
7.9
0.7
94
-4
-2
-13
26
8
23
14
43
-5
27.4
-4.7
-1.4
-11.0
4.3
20.0
13.8
11.4
20.0
-17.2
170
5.2
12
7.6
39
328
61
230
348
7
3,253
1.2
10.1
1.9
7.1
10.7
0.2
100.0
12
68
9
20
-6
-35
274
44.4
26.2
17.3
9.5
-1.7
-83.3
9.2
6-1f. Clayton Employment Base
Agri-Businesses
As pointed out earlier, the area south and west of Clayton is agricultural. Not surprisingly, a number of
agri-business establishments are located in and adjacent to Clayton.
‚ Atlantic Tractor—Atlantic Tractor (formerly Clements Supply) is the largest retail operation in
Clayton. Its retail store is located at the corner of Main Street and Clayton 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.
‚ Mid-Atlantic Biodiesel—Mid-Atlantic Biodiesel operates a manufacturing establishment that separates
methyl ester and crude glycerine from refined soybean oil. It is located adjacent to Southern States on
School Lane. Methyl ester can be mixed with regular #2 diesel fuel for use in diesel engines and oilfired boilers for home-heating fuel. Crude glycerine is used in the manufacture of cosmetics and
pharmaceutical products.
‚ Royster-Clark—Located in the southeast intersection of the railroad and Wheatley’s Pond Road,
Royster-Clark manufactures fertilizer and pest-control products for agricultural use.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
29
▪ 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, freezedried, and frozen vegetables.
Other Industrial Establishments
The remainder of Clayton’s employment base consists of small light-industrial, construction and retail
businesses. The Clayton-Smyrna Industrial Park, located on North Bassett Street south of Duck Creek
Parkway, is Clayton’s major employer. The park’s primary tenant is the Eagle Group (formerly, Metal
Masters), which manufactures food-service equipment and wire shelving. Other employers in the North
Basset Street area include Brothers Electrical Contracting and Schwann’s Foods. Another group of lightindustrial employers is located on South Bassett Street between Wheatley’s Pond Road and Main Street
including Tappahanna Construction and Delmarva Refrigeration.
Retail Businesses
Clayton has two retail business locations. The first is on Main Street between the railroad station and
Clayton Avenue. In addition to Atlantic Tractor, businesses in this area include an ice cream store, a
pizza restaurant, a florist, and a tavern and package goods store. A second small commercial area is
located on west side of Wheatley’s Pond Road between Bassett Street and the town boundary containing
offices, a deck-construction company, and a daycare center.
6-2. Issues and Opportunities
6-2a. Town Center
Clayton is fortunate because it has retained many small-town characteristics in its town center which is
located on both sides of Main Street west of the railroad. 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, neighborhood-oriented enterprises.
To maintain a small-town atmosphere, Clayton must continue its efforts strengthen its town center as a
focal point for shopping, socializing, and civic activities. The Town launched such an 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.
A next step in improving the town center might be a marketing study to determine Clayton’s retail needs.
In addition, town officials should continue to initiate actions to foster civic pride by sponsoring civic
events such as Fourth of July fireworks.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
30
A typical characteristic of a small town is a center for social interaction and daily activities. Examples of
such centers include town squares or parks located close to the town hall, commercial enterprises,
meeting places, and a post office. Clayton’s center is the area in the vicinity of Main Street and the
railroad. However, this area has little visual appeal, functions inefficiently, and lacks clear definition.
Figure 8 depicts the conditions and design issues found in this area when the 1996 plan was adopted.
Figure 8.
Design Issues, Clayton Town Center
Figure 9 illustrates how redesigning this area can reestablish it as Clayton’s town center. This design is
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, 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.
Figure 9 also notes steps that have been taken to resolve some of the design issues illustrated in Figure 16.
Recycling igloos have been moved to Wilson Street near the water-storage tower. The parking area on
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
31
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. Finally,
the Town Council installed new street signs in the town center.
All these improvements are incremental and can be scheduled as funding and support can be arranged.
Continued commitment to maintaining landscaping and other improvements is essential. Local
organizations and individuals might be willing to adopt portions of the center, thereby reducing the
burden on the town government.
Figure 9.
Design Options, Clayton Town Center
DONE
DONE
INSTALL FENCE AND BICYCLE PATH TO
CONTINUE PATH FROM SMYRNA HIGH
SCHOOL ALONG INDUSTRIAL BOULEVARD
AND CONNECT TO REGIONAL BIKE ROUTE
K-1, SEE SECTION 9-4a AND MAP 5
8E
8E
8E
8
8E
8
8E
8E
8E
8
8
PARCEL PURCHASED
BY TOWN TO REALIGN
INTERSECTION
CLAYTON STATION
AREA REFURBISHED
NEW STREET SIGNS
IN TOWN CENTER
6-2b. South Bassett Area
The South Bassett Area is located along Bassett Street between Main Street and Wheatley’s Pond Road.
Its mix of residential, commercial service, and light-industrial uses indicates that this area is in transition
from residential to non-residential. Many businesses in this area are in buildings that once were homes;
they tend to be small-scale and are relatively compatible with one another. Realizing that the market will
determine the pace of transition, it must be managed in a way that protects homeowners while
encouraging new business to locate in the area and existing business to remain and expand.
6-3. Goals
‚ Attract new business to Clayton’s town center.
▪ Encourage additional businesses in industrial park.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
32
6-4. Recommendations
‚ Overall
— Work with the Delaware Economic Development Office (DEDO) to market sites in industrial park.
— Seek technical assistance through DEDO’s Delaware Main Street Program.
— Conduct market study to determine demand for additional retail establishments.
— Delineate areas suitable for commercial development on land use plan.
‚ Town Center
— Continue improvements at the intersection of the railroad and Main Street.
— Seek funding and technical assistance to continue the bicycle route from Industrial Way along the
railroad property to Main Street.
— Maintain parking areas in the town center and design street patterns that minimize vehicular speed.
— Create a capital-improvement project for street furniture, signs, and other visible features to define
a boundary for Clayton’s downtown.
— Continue to sponsor community events, such as Fourth of July celebrations.
— Develop additional mechanisms for reaching out to the community to encourage citizen
involvement.
— Increase personal contact between elected officials and the community.
‚ South Bassett Area
— Maintain land use regulations that help homeowners in this area to maintain their homes until they
are ready to be converted into non-residential uses.
— Maintain land use regulations that limit sizes of businesses.
▪
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
33
Chapter 7. Housing
7-1. Housing Conditions
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 assumes that Clayton’s
housing market includes the Town of Smyrna as well as the unincorporated areas near both towns. As
shown in Figure 7, more than half of Clayton’s residents work either in town or in Kent County.
7-1a. Housing Types
Table 13 depicts the types of housing found in Clayton, Smyrna, and Kent County in 2000. 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.
Table 13.
Housing Types, Clayton, Smyrna, and Kent County, 2000
Housing Type
Clayton
Single-Family Detached
Duplex or Semi-Detached (2-Family)
Single-Family Attached (Townhouses)
Multi-Family (3 or More Units)
Mobile or Manufactured Homes
Other (Boat, Van, etc.)
Source: U.S. Census 2000 Summary File 3
60.6%
0.8%
14.4%
3.0%
21.2%
0.0%
Smyrna
62.9%
3.3%
15.0%
18.1%
0.7%
0.0%
Clayton Plus
Smyrna
62.5%
2.8%
14.9%
15.2%
4.6%
0.0%
Kent County
58.4%
1.9%
8.4%
12.6%
18.6%
0.1%
At Table 13 indicates, most of Clayton’s housing stock consists of single-family, detached homes. A
single-family, detached home is not attached to any other building and is totally surrounded by yards.
Several large single-family detached developments are located in Clayton’s recently annexed areas west
of the railroad. In addition to single-family homes, there are a few two-family homes found primarily in
the residential areas along Main Street on both sides of the railroad. A two-family home has separate
living quarters for two families arranged either side-by-side (a semi-detached, duplex, or twin) or on
upper and lower floors.
Clayton’s housing stock also includes townhouses. A townhouse is part of a row of single-family homes
that are attached to one another side-by-side and have front and rear entrances. There is a 12-unit
townhouse community on West Duck Creek Parkway (SR 15). In the Wheatley’s Pond subdivision, a
second townhome community is approximately 75 percent complete.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
34
There are two small apartment buildings in town located at Coleman Street and Cherry Alley. An
apartment building contains three or more separate living quarters usually with a common entrance. In
addition, there are several apartment units located above businesses in the Main Street commercial area.
In addition, Clayton’s housing stock includes a 26-acre mobile/manufactured-home park located east of
the railroad on the north side of Duck Creek Parkway.
Occupancy and Vacancy
Figure 10 compares owner-occupied, renter-occupied, and vacant units in the Clayton-Smyrna area, and
Kent County. As shown in the figure, vacancy rates, which are less than seven percent in all jurisdictions,
are adequate to provide choice and maintain fair prices.
The majority of homes in all three jurisdictions are owner-occupied, but Clayton’s percentage of owneroccupied units is substantially higher than that of Smyrna and the county. Vacancy rates, which are less
than seven percent in all jurisdictions, are adequate to provide choice and maintain fair prices. Clayton’s
15 percent renter occupancy is the likely result of its small supply of rental housing (pointed out in the
previous section), but the 37 percent rental rate comprising Smyrna’s housing stock is likely satisfying the
demand for rental housing in the Smyrna-Clayton housing market.
Figure 10. Occupancy and Vacancy, Clayton, Smyrna, and Kent County, 2000
100%
Vacant
80%
5%
15%
6%
6%
7%
37%
33%
28%
57%
62%
65%
Smyrna
Clayton + Smyrna
Kent County
60%
Rented
40%
80%
Owned
20%
0%
Clayton
Source: U.S. Census 2000 Summary File 3Tables H6, H7, H30
7-1b. Age of Housing Stock
Table 14 provides information on the age of housing units in Clayton, Smyrna, and Kent County. As the
table indicates, Clayton’s housing stock is older than that of Kent County or Smyrna with more than a
third of Clayton’s housing stock at least 65 years old (i.e., constructed before 1940). In contrast, less than
ten percent of the county’s homes, and less than 20 percent of Smyrna’s homes, were built before 1940.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Table 14.
35
Age of Housing Stock, Clayton, Smyrna, and Kent County, 2000
Year Built
1990 to March 2000
1980 to 1989
1960 to 1979
1940 to 1959
1939 or earlier
Source: U.S. Census 2000 Summary File 3
Clayton
18.2%
13.9%
18.0%
15.4%
34.5%
Smyrna
19.0%
8.2%
37.0%
17.9%
17.8%
Kent County
25.6%
17.4%
32.1%
15.1%
9.8%
7-1c. Housing Values
Owner-Occupied
Figure 11 compares Clayton’s 1990, 2000, and 2008 median housing value with those of Smyrna and
Kent County. As the table shows, housing values in both Smyrna and Clayton increased by greater
percentages than the housing values in Kent County.
Figure 11. Median Housing Values, Clayton, Smyrna, and Kent County, 1990, 2000, 2008
$140,000
$120,000
$100,000
$80,000
$60,000
$129,123
+32.0%
$126,019
+31.3%
$73,000
$96,000
+30.3%
$74,500
$97,800
+31.3%
$114,100
+27.5%
$132,725
+28.5%
$81,000
$40,000
$20,000
$0
Clayton
Smyrna
1990
2000
Kent County
2008 Est
Note:
Includes owner-occupied housing units
Source: U.S. Census 1990 Summary Tape File 3; U.S. Census 2000 Summary File 3; 2008 estimate computed by IPA by
applying the annual change between 1990 and 2000 to determine a 2008 value unadjusted for inflation; adjustment for
inflation made by applying the average annual change in the consumer price index for each year between 2000 and
2008
It is important to realize that the value in 2008 assumes continuation of the trend between 1990 and 2000
and does not account for the increase in the supply of housing resulting from annexations that took place
in both Smyrna and Clayton between 2000 and 2008. A review of property transfers published by The
Wilmington NewsJournal indicates that, between 2000 and 2008, homes in the older sections of Clayton
have sold for less than $200,000. In the newer areas west of the railroad, sales prices are generally
between $200,000 and $400,000.
Rental Housing
Figure 12 compares monthly rental rates in Clayton, Smyrna, and Kent County in 1990 and 2000. As the
table 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
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
36
homes. As pointed out earlier, Clayton’s current housing stock has far fewer apartments (multi-family)
which are nearly always rental housing. As also pointed out earlier, the six percent vacancy rate in the
Clayton-Smyrna market area does not seem to indicate that there is an imbalance between the demand for
and the supply of rental housing.
Figure 12. Median Gross Rent,
Clayton, Smyrna, and Kent County, 1990, 2000, 2008
$900
$800
$830
$700
1990
2000
2008 Est
$785
$681
$600
$600
$500
$400
$300
$573
$498
$437
$422
$398
$200
$100
$0
Clayton
Smyrna
Kent County
Source: U.S. Census 1990 Summary Tape File 3; U.S. Census 2000 Summary File 3; 2008 estimate computed by IPA by
applying the annual change between 1990 and 2000 to determine a 2008 value unadjusted for inflation; adjustment for
inflation made by applying the average annual change in the consumer price index for each year between 2000 and
2008
A review of current rental rates performed on July 23, 2008, using a several Internet search engines
indicated that rents in the Clayton-Smyrna area range from $725 to $1,500. Clayton has no assisted,
rental housing units, but there are eight locations in Smyrna where assisted, rental housing is available.
7-2. Housing Highlights 2000-2008
Since 2000, Clayton has been increasing as well as diversifying its housing stock. Table 15 highlights
these changes, and the map below it depicts their locations. As the table shows, between 2003 and 2005,
this was accomplished primarily through annexation. More recently, residential development activity has
shifted from the single-family detached communities west of the railroad to infill and redevelopment
within “old” Clayton. Unlike the single-family detached communities annexed areas, townhomes and
garden apartments are being proposed for these infill and redeveloped properties.
The single housing goal for 1996 and 2005 comprehensive plans was to “provide sound and affordable
housing for residents of all income levels.” Clearly, Clayton has done just that. In addition to the
increase in and the diversification of its housing supply, Clayton hired a full-time code-enforcement
official in 2003. Since then a number of older—often two-family—homes along Main Street have been
renovated.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Clayton Housing Highlights, 2000-2008
Type of
No of
Name
Type of Home
Development Homes
Ovations
Semi-Detached
(Ages 55 and
Infill
200 and
Over)
Townhomes
Liberty Knoll
Infill
41 Townhomes
Grain Mill Station
Redevelopment
34 Townhomes
Garden
Denbone
Infill
48
Apartments
Wheatley's Pond
Annexed 1989
90 Townhomes
Townhouses
Single-Family
Huntington Mills
Annexed 2003
199
Detached
Providence
Single-Family
Annexed 2004
425
Crossing
Detached
Single-Family
Old Country Farm
Annexed 2005
412
Detached
37
Table 15.
Adopted by the Clayton Town Council 12/8/2008
Status
Recorded, Construction not
Started
14 Recorded; Buildout by 2010
Plan Approved, March 2008
Rezoned for Multi-Family,
August 2007
68 Built, 22 Remaining
169 Built, 30 Remaining
155 Built, 270 Remaining
Under Construction
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
38
7-3. Goal
Provide sound and affordable housing for residents of all income levels.
7-4. Recommendations
‚ Continue to build a code-enforcement program.
‚ Continue supporting infill development.
‚ Ensure that land use regulations provide for mixes of housing types.
‚ Encourage annexation petitioners to propose developments with a variety of housing types.
▪ Support housing initiatives that encourage young families to remain in Clayton or move to the Clayton
area.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
39
Chapter 8. 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 the locations of many of the facilities discussed in this section.
8-1. Town Government
Clayton’s governing body consists of five council members. The council members are elected for twoyear terms. Town elections are held the last Tuesday in April, and the council meets on the second and
fourth Mondays of every month. The president of the council, elected from among the council members
at the first meeting after an election, serves as the mayor of the town. Each council member is assigned
responsibility for a government service.
8-2. Town Facilities
Existing Facilities
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.
Planned Facilities
The Town Council has determined that new facilities are needed for all services—police, public works,
and administrative staff. The Council purchased a 32,000 square-foot property located at the northeast
corner of South Bassett Street and Smyrna Avenue where a larger, modern facility could be built. The
Council is also exploring a joint venture to house public safety operations in a single facility.
8-3. Utilities
This section provides information about the utilities that service Clayton residents, including water,
wastewater, electricity, natural gas, telecommunications, solid-waste management, and stormwater
management. These services are essential to town residents and businesses.
8-3a. Water System
Clayton operates its own water system. This section describes Clayton’s existing water system and
planned improvements.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
40
Supply and Storage
All properties within the corporate limits receive public water. Clayton’s water supply comes from
groundwater. Three wells, which operate in shifts, tap the Rancocas Aquifer to provide public water to
Clayton’s residential and business customers. Map 3 shows the wellhead-protection areas surrounding
these wells.
Water is stored in two tanks, both 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.
Hanover Foods operates its own water supply and storage system. Five wells supply water for the plant’s
operations. Water is stored in a tank located on the company’s property.
Water quality is monitored constantly. The Source Water Assessment of the Public Water Supply Wells
for Clayton Water, Kent County, Delaware, completed in 2004, 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.
▪ Overall, Clayton’s drinking-water supply system “exceeds standards to metals,” and it has a “low
susceptibility to nutrients, pathogens, petroleum hydrocarbons, pesticides, PDBs, other organics, and
inorganics.”
Although the 2004 source water–assessment report rated Clayton’s water supply safe and adequate, a
stricter standard, adopted by the federal Environmental Protection Agency (EPA) in 2006, established 10
micrograms per liter as the maximum acceptable arsenic level for public drinking water. To reduce
Clayton’s current 12 micrograms per liter to the EPA standard of 10, the Town has built a water-treatment
plant on the Wilson Avenue property. This plant treats water from every existing water-supply well and
is expected to provide treatment capability for planned new wells. In addition to the required arsenicremoval process, the treatment plant has disinfection equipment, pump controls, and instrumentation.
Transmission
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, the lines connecting the storage
towers with the transmission system have been replaced with ten-inch pipes. Incremental repair and
replacement will continue to keep the transmission system in good condition.
Planned Improvements and Expansion
To ensure water supply for new communities of Huntington Mills, Providence Crossing, and Old Country
Farm, Clayton plans to locate a new well on a two-acre parcel in the Old Country Farm subdivision on
Underwoods Corner Road near Alley Corner Road. For water storage, the Town has partnered with
Artesian Water Company, which serves the Wind Song subdivision located west of Clayton on Millington
Road (SR 6) near Alley Corner Road (SR 15). This partnership will enable connections between the two
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
41
systems as well as jointly fund a half-million gallon-storage tower adjacent to the well at Old Country
Farm. The water tower is under construction and is slated to be in service by the beginning of 2009.
8-3b. Wastewater System
Clayton’s sewerage system was laid out in 1915. 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. Over the past several years, the
Town has increased the efficiency of its sewer lines by lining them to prevent the infiltration of ground
water.
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. Smyrna is one of the several contract users of the
system, and Clayton subcontracts with the Town of Smyrna. The current contract permits Clayton to
send 400,000 gallons per day to the system.
Most of the town’s effluent flows by gravity to a pumping station located adjacent to the former town
landfill at the north end of Dump Road adjacent to the railroad and Providence Creek. 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.
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.
The recently annexed areas west of the railroad are connected directly to the Kent County system.
Sewage from Old Country Farm flows to a lift station. It is pumped over SR 300 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 new developments in south Smyrna.
8-3c. 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 whose western boundary is adjacent to the Clayton town limits
and eastern border is adjacent to the Smyrna town limits. This lot is developed with a single-family
detached home.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
42
‚ Thirteen parcels in the area located between Wheatley’s 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, and each lot is developed with a single-family detached home.
▪ Sixteen single-family lots, fronting on the south side of Wheatley’s 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 50,000 residential and business customers in nine Delaware municipalities.
Smallest of the state’s three power companies (The others are Delmarva Power and Delaware Electric
Cooperative), DEMEC buys 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.
8-3d. Natural Gas
Chesapeake Utilities supplies natural gas to Clayton. The utility company owns and maintains natural gas
lines in the town.
8-3e. Telecommunications
Clayton contracts with Comcast for cable television service for Clayton residents. The town’s franchise
was renewed in 2005. A number of other providers offer telephone and internet access. There are no
fiber optic lines in the town limits.
8-3f. Solid-Waste Management
Trash Collection and Disposal
The Town of Clayton contracts with a private waste-management company for trash collection and
disposal services to both residences and commercial businesses.
Recycling
Two voluntary options for recycling are available in Clayton. The first is free of charge, where residents
must bring recyclable materials to a collection site adjacent to the Wilson Street water storage tower.
A second option is a fee-based, curbside program available from the Delaware Solid Waste Authority,
which allows homeowners to place recyclable materials along curbsides in an approved container. The
types of materials that can be recycled include aluminum, paper, plastic and glass. The program also
provides for the removal of branches, excess grass, and any other natural yard material.
8-3g. Stormwater Management
The Kent Conservation District has complete jurisdiction over stormwater management in Kent County.
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.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
43
8-4. Public Safety
8-4a. Police Protection
The Clayton Police Department is a 24-hour service department 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.
The department’s primary mission is to provide the citizens of Clayton with 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 Homeland Security funding will continue
at previous levels.
The Clayton Police Department also provides community policing support. Officers involved in
community policing become involved in programs aimed at creating trust between the public and the
police. Clayton’s community policing officers provide instruction in both the DARE (Drug Abuse
Resistance Education) and GREAT. (Gang Resistance Education and Training) programs. The DARE
and GREAT programs are designed to teach drug and gang awareness in the school system. The DARE
and GREAT programs also provide positive police contact with school-age children. The community
policing unit also operates a child-identification program, a summer youth program, and initiates various
safety programs.
The administrative section is responsible for administrative support. Administrative staff is responsible
for maintaining all records related to the department’s operation. They provide citizens with copies of
both crime and accident reports. They also maintain records of police officers’ training.
Existing Facilities
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 Department of Corrections Smyrna facility located north of Smyrna near
the rest stop on U.S. Route 13.
Planned Facilities
The police department plans to relocate to the new town offices. To meet future needs of the department
and the community, the new police station will have larger office space, upgraded communications
equipment, a holding facility, and off-street parking for police vehicles.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
44
8-4b. Fire Protection
Existing Facilities
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 surrounding area, extending west to the Maryland line. The department has mutual aid
agreements with neighboring fire companies so that Clayton firefighters can provide and request
assistance.
Planned Facilities
Like the Clayton Town Council, Clayton firefighters have identified a need to expand and modernize their
facilities. As mentioned earlier, the Town and the Fire Company have discussed a shared facility.
8-4c. 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 111 West Glenwood Avenue, was founded
in 1924 by a small group of World War I veterans. The company is responsible for basic life support and
ambulance transport for both the Clayton and Smyrna fire districts. County paramedics from Medic
Station 66 provide advanced life support. Their station is located on the south side of SR 300 near its
intersection with Carter Road.
8-5. Educational Facilities
8-5a. 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.
Figure 13 tracks enrollment in the Smyrna School District from September 1990 to September 2008.
Between 1990 and 2000 enrollment increased fairly steadily with the exception of 1993. After a decline
in 2002, enrollment rose slightly in 2003. Since then enrollment has skyrocketed.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
45
Figure 13. Smyrna School District Enrollment, 1990 to 2008
4,800
4,657
4,600
4,402
4,400
4,230
4,200
Students
4,000
3,930
3,800
3,645
3,600
3,421
3,400
3,492
3,405
3,350
3,310
3,349
3,200
3,136
3,128
3,274
3,241
3,202
3,042
3,000
3,113
2,997
2,800
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Note:
Does not include Providence Creek Academy or private educational facilities.
Source: Delaware Department of Education, Number of Students by Grade Grouping
www.doe.state.de.us/reporting/enrollment; Center for Applied Demography and Survey Research,
University of Delaware, www.cadsr.udel.edu/demography
Table 16 lists the public schools attended by public-school students living in Clayton. Students begin
their education at Clayton Elementary School for kindergarten through fourth grade. They move to John
Basset Moore School for fifth and sixth grades, Smyrna Middle School for seventh and eighth grades, and
Smyrna High School for grades 9-12. Smyrna Middle, John Bassett Moore, and Smyrna High Schools
are located in Smyrna, and Clayton Elementary is located at the corner of Main Street and School Lane in
Clayton.
Table 16.
Smyrna District Schools Serving Clayton Students
Facility
Location
Grades
Clayton Elementary School
510 West Main Street⎯Clayton
Kindergarten through 4th
John Bassett Moore School
20 West Frazier Street
5th and 6th
Smyrna Middle School
700 Duck Creek Parkway
Smyrna High School
500 Duck Creek Parkway
7th, 8th; and 9th in 2009 and 2010
7th and 8th after 2010
10th though 12th in 2009 and 2010
9th through 12th after 2011
Source: Smyrna School District, 2007-2008 school year
Clayton Elementary School’s enrollment for the 2007-2008 school year was 538 students, up 13 percent
from 2006-2007. A major renovation to the school was completed in January 1995, which included an
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
46
addition to and a refurbishing of the existing facility. A second expansion, completed in September 2006,
added six classrooms, eliminated the need for portable classrooms, and increased capacity from 500 to
600 students. The library was refurbished during the summer of 2007.
The school district’s long-range plans anticipate an increase in school enrollment of about five percent per
year through 2012. The district’s governing board has planned for this by constructing new facilities,
adding space to existing facilities, and shifting attendance areas.
Planned improvements that will affect Clayton students include the following.
‚ Clayton Intermediate School—To accommodate the areas west of Clayton, construction of a 600student intermediate school is planned on a 25-acre parcel, reserved during Clayton’s approval process
for the Old Country Farm subdivision. The school is scheduled to open for the 2011-2012 school year.
▪ Smyrna High School—To relieve serious overcrowding, an expansion to the school is planned that will
add classroom space, a cafeteria, and gymnasium. Classroom space is expected to be completed for the
2010-2011 school year with the entire project ready for the 2011-2012 school year. In the meantime,
school officials plan to house Smyrna High School freshmen at Smyrna Middle School, located
adjacent to the high school. By doing this, school officials can provide a safe, convenient, and less
crowded environment for all high school students, and Smyrna Middle School’s proximity allows
students to participate in high school activities and to be taught by high school faculty.
8-5b. Providence Creek Academy Charter School
Authorized by Title 14, Chapter 5 of the Delaware Code in 1995, charter schools strive 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).
One charter school is located in Clayton at 355 West Duck Creek Road in facilities once occupied used as
an educational institution for special students by the Catholic Josephite Brothers. Providence Creek
Academy serves students in kindergarten through eighth grade. For the 2008-2009 school year, 671
students were enrolled.
Providence Creek is planning the construction of a campus-like facility on 33 acres adjacent to its current
facility. All school-related activities and services will be relocated to the new campus, which will
comprise 79,600 square feet of academic space in three buildings as well as athletic fields. The projected
opening date is September 2009.
8-5c. Private Education
There is one private educational facility is in the Clayton area. 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.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
47
8-6. Recreation and Open Space
8-6a. Recreation Facilities
Table 17 lists public recreational facilities serving Clayton. Two public recreational facilities are within
Clayton’s corporate limits. One is located at the Clayton Elementary School and has a small ballfield,
and a small playground. The second, Stephen Robert Rebar Park, located on Smyrna Avenue near the
Clayton railroad station, has benches and playground equipment.
Table 17.
Recreation Facilities Serving Clayton Residents
Facility Name
Clayton Elementary
School
Stephen Robert Rebar Park
Smyrna Municipal Park
Smyrna High School
Duck Creek Parkway
Lake Como
Big Oak County Park
Location
Features
School Lane and Main Street
Ballfield and playground
Smyrna Avenue near Clayton railroad
station
Main Street across from North Smyrna
Elementary School
South side Duck Creek Parkway
North side Duck Creek Parkway
opposite Smyrna High School
North of Sunnyside Road between
Carter Road and U.S. Route 13
East of Route 1 on Big Oak Road south
of Smyrna
Playground equipment, benches
Garrison’s Lake Golf
NW corner Hickory Ridge Road and
Course
U.S. Route 13
Blackbird State Forest and
Blackiston Wildlife Area
Boys and Girls Club of
East Commerce Street, Smyrna
Smyrna
Providence Creek
West Duck Creek Parkway
Academy
Bombay Hook National
Wildlife Refuge
Source: Compiled by IPA, January 2008
Playing fields, tennis courts, swings, picnic tables,
pavilions
Ballfields
Tennis courts, fields for little league baseball, softball,
big league baseball
Sandy beach, paddleboats, playground, fishing, picnic
area
Sports fields, playground, picnic area, nature trail,
wetland boardwalk; Innovation Technology
Exploration Center (ITEC)
18 hole golf course, maintenance building, club house;
projected to open Spring 2008
10,000 acres of camping, horseback riding, hunting
Educational programs including tutoring and
enrichment; arts and crafts, athletic programs
Walking and bicycling trails when school is not in
session
16,000-acres featuring walking trails, observation
towers, and a visitor center with interactive displays
Smyrna has many public recreation facilities that Clayton residents can use. The Smyrna Municipal Park
has softball fields, tennis courts, swings, picnic tables, and pavilions. Ballfields are also located at
Smyrna High School. Facilities for Little League baseball, softball, adult baseball, and tennis are located
across from Smyrna High School on Duck Creek Road.
8-6b. Open Space
Clayton’s open space has two components. The first consists of open space created through the town’s
subdivision-review process, which 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, while other land is
made available for passive or active recreation activities. The second component is the stream valleys,
floodplains, and water bodies throughout the town.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
48
8-7. Civic and Social Services
8-7a. Postal Service
The Town of Clayton is served by a United States Post Office. It is located at 12 Railroad Avenue
between Main and East Streets.
8-7b. Library Services
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 2,500 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. In 2006 a drive-through window service was initiated.
The card catalog is automated and allows patrons to access the resources in the public libraries of Kent
and Sussex Counties, Delaware Technical & Community College, and Wesley College. Resources from
any of these libraries may be obtained through the IntraLibrary requests and delivered to the Kent County
Public Library.
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.
A recent report by the Delaware Division of Libraries found Kent County’s library space to be
insufficient. It determined that one large library and two regional libraries are needed.
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 includes books, audiocassettes,
newspapers, and magazines. Other services include reciprocal borrowing and interlibrary loans. In 2003
the number of items in the library’s collection was about 17,000.
Plans to secure funding have been submitted to the Delaware Division of Libraries for Smyrna to build a
20,000-square-foot regional library on U.S. Route 13 in the southern portion of the town.
8-7c. Senior Services
Two senior centers serve the Clayton vicinity. 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. Located on SR 300 between Clayton and Kenton, the Mamie
Warren Senior Center has about 500 members and covers the Smyrna, Clayton, and Kenton areas.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
49
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.
DART First State addresses the transportation needs of the Delaware’s senior and disabled population
through the Senior Citizens Affordable Taxi (SCAT) program. The program offers a discount on taxi
fares. Anyone who has a physical or mental disability that prevents them from operating a motor vehicle
or is age 65 or older may be eligible for this service, which is provided by private companies.
8-7d. Places of Worship
There are four places of worship in Clayton. Table 18 lists their names and locations.
Table 18.
Clayton Places of Worship
Place of Worship
Byrd’s AME Church
Calvary Baptist Church
Christ Care Missionary Baptist
Ewell’s St. Paul United Methodist Church
Source: Compiled by IPA, January 2008
Location
Dickerson Street
South Bassett Street
Main Street at Lillian Smith Senior Center
Corner of Clayton Avenue and West Street
8-8. Goals and Recommendations
Goals
‚ Overall
— Provide quality municipal services.
— Work with other levels of government to secure services for Clayton residents.
‚ Utilities
— Provide a safe and reliable supply of drinking water and fire protection.
— Ensure sufficient sewage-treatment capacity.
— Secure safe and dependable electric power.
‚ Recreation
— Provide an adequate supply of open space for recreational activities.
— Balance demand for recreation and open space with both fiscal resources and responsibilities
associated with ownership and maintenance of public properties.
Recommendations
‚ Utilities
— Continually monitor the quality and quantity of water supply.
— Periodically inspect and maintain water and sewer transmission lines.
— 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.
— Assess long-term needs for water supply and storage; establish capital-improvement projects for
upgrades and major repairs to wells and storage towers.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
50
— Remain an active member of the Delaware Municipal Electric Corporation.
— Regularly monitor solid-waste–collection and –disposal services requirements.
— Continue supporting opportunities for recycling.
‚ Public Safely
— Regularly review police-protection requirements.
— Monitor fire-protection and emergency medical services.
‚ Recreation and Open Space
— Place parcels identified as open space on subdivision plans in the OS (Open Space) Zone during
the comprehensive rezoning that will follow the adoption of this plan.
— Utilize provision in subdivision regulations mandating that developers either dedicate recreational
land or pay a fee in lieu of dedication.
— Encourage owners of land adjacent to Greens Branch to plant native trees and to take other actions
to restore streamside wetlands to enhance the stream’s attractiveness for biking and walking.
— Enforce standards for protecting greenways in the zoning ordinance and subdivision regulations.
— Work with DNREC and the Delaware Department of Transportation (DelDOT) to identify
opportunities to target unused railroad rights-of-way for hiking, biking, or other recreational
purposes, such as those outlined in the statewide Rail-to-Trail Master Plan.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
51
Chapter 9. Transportation
Transportation infrastructure is what keeps things moving into, out of, and around a jurisdiction. In this
section, Clayton’s transportation system is described, and goals and recommendations are presented for a
number of issue areas.
Growth of the Clayton-Smyrna area has prompted concerns about traffic and parking. Residents are most
concerned about “through traffic,” particularly trucks. Another traffic-related concern was parking in the
commercial areas. A third concern was additional bus service. A fourth concern was sidewalks and
bicycle trails. Finally, residents strongly supported resuming rail service at the Clayton station.
This section looks at the transportation system serving Clayton and vicinity. It includes streets and roads,
bus transportation, rail service, and bicycle facilities, and pedestrian ways.
9-1. Vehicular Transportation
Map 5 depicts the streets and roads serving the Clayton vicinity. Most of the roads within the Town are
are municipal streets for which Clayton is responsible. A number of state-maintained roads, including
Main Street (SR 6), Wheatley’s Pond Road (SR 300), Greenspring Road (SR 15 which is a designated
scenic byway), and Duck Creek Parkway, accommodate travel within the Clayton vicinity. KentonSmyrna 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 earlier, SR 1 and U.S. Route 13 (see Clayton Regional
Location map on page 5) are north-south arterial roads linking the Clayton vicinity to other parts of the
state.
9-2. 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.
9-3. Railroads
This section discusses Clayton’s three railroad rights-of-way. These are important because of their
location within the town.
9-3a. Delmarva Secondary
The most prominent rail line, which runs north and south through the center of Clayton, is known as the
Delmarva Secondary Line. This line carries only freight, including some hazardous materials. Owned
and operated by Norfolk Southern Company, it originates south of Wilmington and terminates in
Pokomoke City, Maryland, where it connects with the Eastern Shore Railroad.
Between 2001 and 2004, the Delaware Transit Corporation (DTC), the public transit division of DelDOT,
conducted three studies assessing the feasibility of commuter passenger rail service to Dover or
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
52
Middletown. The studies ascertained that service could utilize the existing line, but major improvements
to it would be required. Current thinking is that development patterns and densities do not support
passenger rail service.
9-3b. Main Street North
Clayton’s second railroad right-of-way originates at the Norfolk Southern line and runs east along the
north side of Main Street. The tracks were dismantled in 1991, and the State of Delaware owns the rightof-way. The 1996 Clayton Comprehensive Plan identified this line as suitable for biking and/or walking
and designated⎯and subsequently zoned⎯it for open space. This plan continues to recommend this area
as a pedestrian and bicycle facility.
9-3c. Clayton-Easton Line
The third rail line, the Clayton-Easton line, begins at School Lane and extends 44 miles to through
Marydel to Easton, Maryland. Fourteen miles of this line are in Delaware. In the 1980s, the state of
Maryland purchased this line from Norfolk Southern. After some commercial use, the Maryland
Department of Transportation banked this rail line, making it a candidate for re-use.
9-4. Bicycle Routes
Map 5 displays bicycle routes and a potential rail-trail facility in the Clayton vicinity.
9-4a. State, Regional, and Recreational Connectors
In October 2005, the 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 makes recommendations for
bikeway design. It also designates a network of bicycle facilities that fall into three categories. Statewide
routes provide north-south connections primarily along existing roadways through Delaware and connect
to Pennsylvania and Maryland. Regional routes connect larger municipalities and activity centers.
Recreational connectors, designated primarily in rural areas, join local activity centers and recreational
areas with the state and regional network.
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 Wheatley’s 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.
9-4b. Rail-Trail
The State Bicycle Plan identities the 44-mile Clayton-Easton Line as having rail-trail potential in a
portion of Kent County that has few active recreational opportunities. Recently, DNREC’s Division of
Parks and Recreation signed a lease with the Maryland Department of Transportation to use the rail line
as a recreational facility. Developing a facility of this type will require support and financial partners to
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
53
build the rail-trail and other support facilities. Operation and maintenance of the facility would become
the responsibility of the Division of Parks and Recreation.
Recognizing the importance of this potential rail-trail, Clayton’s more recent subdivisions provide access
to it. As Map 5 shows, access is provided from the Wheatley’s Pond and Old Country Farm subdivisions.
9-4c. Local Routes
Using a $100,000 grant from DelDOT, Clayton is developing two bike routes that it hopes to link with the
Smyrna trails. One route begins at Clayton Courts near the intersection of North Bassett Street and Duck
Creek Parkway and connects to an existing trail at Smyrna High School. The other runs west along
Industrial Boulevard from Smyrna High School to North Bassett Street. As shown in Figure 9 and on
Map 5, this plan recommends that the Industrial Boulevard route be continued south along the railroad
right-of-way to Main Street.
The Town of Smyrna has completed a paved bicycle/pedestrian trail along Green’s Branch in northern
Smyrna that connects Glenwood Avenue, Duck Creek Parkway, and North Main Street. This trail
provides off-road access for pedestrians and cyclists to Memorial Park, the Little League/Little Lass
Complexes, Smyrna High School, and numerous residential and commercial areas. The trail also
provides access to two scenic overlooks of Duck Creek and is part of a system of trails in and around
Smyrna.
9-5. Pedestrian Connections
The Town Council wants Clayton to be a friendly, walkable town. Sidewalks are required in all new
subdivisions. They cannot be part of the paved travel lanes and they must be included within rights-ofway 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.
As Map 5 shows, existing or planned sidewalks serve most of Clayton’s residential areas. The area east
of South Bassett Street between Wheatley’s Pond Road and Dickerson Street has fewer sidewalks than
the rest of the town. However, as the land use section of this plan describes, this area is undergoing
redevelopment. Since the redevelopment plans will involve subdivision or resubdivision, the town will
have opportunities to require the installation of sidewalks.
In addition, most of the newer subdivisions west of the railroad have been recorded with easements that
provide access to open spaces within the subdivisions and connections to adjacent subdivisions or public
places. Some examples of these connections can be seen clearly on Map 6. One example is along
Wheatley’s Farm Drive, where an easement permits provides access to the Clayton-Easton rail line and
Wheatley’s Pond. Many additional pedestrian connections are in the Huntington Mills, Providence
Crossing, and Old Country Farm subdivisions.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
54
9-6. Goals and Recommendations
Goals
‚ Provide safe and reliable circulation within town.
▪ Improve transportation links to areas outside of town.
Recommendations
‚ Vehicular Transportation
— Evaluate on-street parking pattern and off-street parking areas to determine if existing areas could
be used more efficiently.
— Review parking requirements in zoning ordinance.
— Request that DelDOT assess the feasibility of reopening the railroad crossing at Old Duck Creek
Road and Duck Creek Parkway.
‚ Bicycle and Pedestrian Transportation
— Do a sidewalk inventory; rank areas for new sidewalks or repairs.
— Develop capital-improvements project for annual, incremental sidewalk construction and repair.
— Retain public rights-of-way that later could serve as pedestrian paths, bicycle links, or access to infill development.
— Support DNREC’s efforts to develop the Clayton-Easton rail-trail; participate in the design,
planning, and public participation associated with the project.
— Work with DelDOT and DNREC to identify opportunities to target unused railroad rights-of-way
for hiking, biking, or other recreational purposes.
— Apply for funding to develop bicycle and pedestrian facilities in the town.
— Work with Smyrna to develop bicycle/pedestrian links between the towns; develop a link from
Greens Branch Trail to Clayton.
— Strengthen subdivision regulations to require bike connections within subdivisions, to routes in the
Delaware Bicycle Facilities Master Plan, and to local routes; utilize the bicycle master plan’s
standards as the basis for bicycle-facility design.
‚ Rail Service
— Investigate eligibility for funds to acquire, rehabilitate, and operate railroad station.
— Monitor state activities concerning the establishment of rail passenger service through Clayton;
advocate Clayton’s position to DelDOT officials.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
55
Chapter 10. Land Use Plan
The land use plan consists of three sections. The first section describes Clayton’s existing land uses.
Using the visions, goals, and recommendations formulated in this plan, the second section portrays
Clayton’s desired development pattern within its current boundaries. The third section presents Clayton’s
growth and annexation program.
10-1. Current Land Use
This section describes Clayton’s existing land uses and discusses undeveloped and redeveloping land.
Map 6 depicts the town’s existing development pattern. The map delineates each tax parcel and displays
its land use as of January 2008.
10-1a. Land Use Distribution
Figure 14 summarizes the distribution of land uses within the town. As the table shows, more than a third
of Clayton is undeveloped. This is the result of a series of annexation occurring between 2003 and 2005
totaling about 500 acres, which included the Davis (Huntington Mills), Lester (Providence Crossing),
Diemeke (Old Country Farm), and Green Gable Farms. When developed, most of this undeveloped land
will be residential. The second most prevalent land use is open space, most of which is 127 acres of the
St. Joseph’s property in New Castle County. Residential land uses account for 20 percent of Clayton’s
developed land, but this percentage could top 50 percent when undeveloped areas reach buildout.
Figure 14. Clayton Land Use Distribution, 2007
Community Service,
1.4%
Industrial, 5.6%
Utilities, 2.7%
Railroad, 2.6%
Commercial, 1.0%
Residential, 20.0%
Vacant, 35.6%
Open Space, 20.5%
R-O-W, 10.5%
Complied by IPA, June 2008
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
56
10-1b. Current Land Use Highlights
Table 19 shows the status of undeveloped and redevelopable parcels, and the map below depicts their
locations.
Table 19.
Map
Ref
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
Developing, Redeveloping, and Undeveloped Land
Name
St. Joseph—New Castle County
The Ovations
Providence Creek Charter School
Water Tower
School Site
Old Country Farm
Green Gable Farm
Providence Crossing
Huntington Mills
Wheatley's Pond Townhouses
New Town Hall
Catts
Denbone
Budd
Liberty Knoll
Johnson
Grain Mill Station
Status
Zoned OS (Open Space), Development not Permitted
Recorded for 200 Semi-Detached Homes and Townhomes, Construction not Started
Development Plan Approved; Open 09/2009
Town and Artesian Project Under Construction
Projected Opening 2011
412 Single-Family Homes Under Construction
No Known Plans
155 SF Single-Family Homes Built, 270 Vacant
169 Single-Family Homes Built, 30 Undeveloped
68 Townhomes Built, 22 Undeveloped
Site Acquired
No Known Plans
Rezoned to Redevelop with Multi-Family
No Known Plans
41 Townhomes Approved, 14 Recorded; Buildout by 2010
No Known Plans
34 Townhomes Approved
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
57
10-2. Future Land Use
Map 7 depicts the land use pattern that will guide the town’s development decisions and forms the basis
for the comprehensive rezoning that must follow the adoption of this plan. Except for the changes
recommended in Table 20, the town’s future land uses are the same as those in the 2005 plan update.
Table 20.
Location
Ovations
Wilson Street
South Bassett
Street
Old Country
Farm
Green Gable
Farm
Future Land Use Recommendations
Proposed Change
Residential to
Open Space
Railroad to Industrial
Residential to
Industrial
Residential to
Open Space
Residential to
Mix of Residential and
Commercial
Justification and Comments
Preserve parcels dedicated to stormwater management, perimeter buffer, and
pathways as open space
Better fit for the town’s public works facilities on this site
Designate single land use for parcel whose land use (and zoning) is in two
different classifications
Preserve parcels dedicated to stormwater management, buffer from railroad rightof-way, and pathways as open space
‚ Responds to a concern raised at one of the community workshops
‚ Neighborhood commercial recommended
‚ Commercial not suitable for entire parcel, should be allowed only as part of a complete
development plan for the entire Green Gable Farm
‚ Approximate size of commercial—2-3 acres
‚ Recommended location—Fronting on SR 300 (Wheatley’s Pond Road), see Äon map
below
‚ Size and location determined during development-plan review
‚ May require amendment to zoning ordinance
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
58
10-3. Growth and Annexation
The map below charts Clayton’s annexation history from 1978 to the town’s most recent annexation in
2005. As the map shows, the directions in which Clayton can annex are somewhat limited. A number of
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 Wheatley’s
Pond Road (SR 300) west of the railroad. Annexation of Wheatley’s 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 municipal services. Depending on the feasibility of providing infrastructure, there is some
opportunity for exploring the annexation of additional land in New Castle County in the vicinity of the St.
Joseph property located between Providence Creek and Clayton-Delaney Road.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
59
10-3a. Annexation Criteria
An important factor to consider when identifying properties for annexation is the economic feasibility of
providing public services. Clayton should give top priority to areas where the town currently provides
services and high priority to areas where town 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 Regulations require that every property with 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 joined forces with the 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 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 considering annexation of a developed area, Clayton also must evaluate the condition of the area’s
existing infrastructure. In some cases, the costs of bringing roads, street lighting, and stormwatermanagement facilities into compliance with Clayton’s standards may exceed the revenues and other
benefits of annexation.
Another factor is plans and policies of other governmental levels. High priority must be given to the state
investment strategies (see Section 3-1a and Map 2), because they indicate where the state is most likely to
allocate its resources. Serious consideration must also be given Kent County’s growth area (see Section
2-3 and Map 2), which depicts the area where the county intends to provide utilities and services. Yet
another consideration is Delaware’s Farmland Preservation Program (see Section 0 and Map 2), which
identifies areas earmarked for agriculture.
Review of any annexation petition should include a fiscal-impact analysis of the proposed development
plan. This analysis should include an estimate of the revenues that the proposed development would
generate to 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.
10-3b. Areas Recommended for Annexation
Drawing on the annexation criteria outlined above, this section identifies and discusses 141 properties
comprising about 1,140 acres as suitable for annexation. Map 7 depicts the locations of each area.
It must be emphasized that Clayton may consider annexing only when a property owner requests to be
annexed. Recommendation for annexation in this plan does not mean that a property automatically
becomes part of Clayton, nor does it authorize Clayton to take unilateral action to annex it.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
60
Wright Farm
Future Land Use Map Reference—A
Number of Parcels
1
Peoples Farm (information only;
not proposed for annexation)
1
Acreage
200.0
330.0
Current Land Use
Agriculture
Agriculture
State Investment Strategy Level
4
4
New Castle County Proposed Land Use
Resource and Rural Protection
Resource and Rural Protection
Clayton Plan Recommendation
Residential
Open Space
Wright Farm
The Wright Farm is the subject of an annexation petition to the Clayton Town Council. The applicants
have proposed that development of the Wright Farm be permitted in return for permanent preservation of
the Peoples Farm. The Peoples Farm is not proposed for annexation.
This plan recommends that the Wright Farm be annexed to Clayton because it represents an opportunity
to preserve 330 acres of open space on the Peoples Farm, provided that the following issues are resolved
to the satisfaction of both the Town of Clayton and New Castle County.
‚ Perhaps the most important issue affecting this annexation proposal is the compatibility of the
applicant’s proposal with New Castle County’s land use and service-provision policies. As pointed out
earlier, the 2007 New Castle County Comprehensive Development Plan Update designates the area in
which the farms are located as “Resource and Rural Preservation.” (see 3-2b). The zoning for this area
is Suburban Reserve (SR), which permits a maximum of 60 single-family homes. Since the property is
outside of the county’s sewer service area, development may occur only with individual well and septic
systems. In addition, significant public infrastructure investment is not planned in the southern portion
of the county.
‚ The second most important issue is crafting a mechanism to ensure preservation of the Peoples Farm.
As stated earlier, the Peoples Farm is not proposed to be annexed into Clayton. Accordingly, this plan
recommends annexation of the Wright Farm if, at the time of annexation, preservation of the Peoples
Farm is ensured via a deed restriction running in favor of both New Castle County and the Town of
Clayton. The deed restriction should specify that development of the Peoples Farm will be prohibited
until and unless both the County and the Town agree to such development.
‚ A third issue is sewer service. Since Clayton’s subdivision regulations require that all properties be
connected to public water and sewer, sewer service must be extended in order for the Wright Farm to
be developed with the town limits. This will require an approximate 4,000-foot transmission line from
the Wright Farm to Clayton’s lift station on Providence Creek east of the railroad (assuming that the
sewer extension would run from the Wright Farm down the Paw Paw Branch to the lift station). To
handle the increased sewage flow, it is likely that the lift station’s pumping mechanism must be
upgraded, and a parallel force main would be required to carry the sewage to the point where is can
flow by gravity. In addition, the increased sewage flow might exceed Clayton’s current allocation of
400,000 gallons per day.
▪ A fourth issue involves the Paw Paw Branch and a second, unnamed branch of Providence Creek
located in the northeast corner of the property. There are three small ponds, wetlands, and floodplains
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
61
associated with these creeks, and development of the property should be situated a sufficient distance
from these environmental elements. In addition, vehicular access to the property from ClaytonDelaney Road should be placed so as not to have an adverse impact on the stream.
Dennison’s Area
Future Land Use 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
Kent County Plan Recommendation
Residential Medium Density—5 Dwellings Per Acre
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 smaller lots, the existing road pattern and
placement of structures on each lot precludes resubdivision of most lots.
Chandler Property
Future Land Use 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
Kent County Plan Recommendation
Residential Medium Density—5 Dwellings Per Acre
Clayton Plan Recommendation
Residential
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
62
This property is recommended for annexation because it is more closely tied to Clayton than to Smyrna.
In addition, Clayton can extend services to it.
Johnson Property
Future Land Use 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
Kent County Plan Recommendation
Residential Medium Density—5 Dwellings Per Acre
Clayton Plan Recommendation
Residential
Until recently, this property was assumed to be included within Clayton’s town boundary. Accordingly,
it is recommended for annexation to solidify Greens Branch as Clayton’s boundary. The plan
recommends residential land use to maintain consistency with the land use pattern in the area surrounding
this parcel. In addition, Clayton can logically extend services to it.
Kenton Parkway Area
Future Land Use 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
Kent County Plan Recommendation
Residential
Clayton Plan Recommendation
Commercial
The most compelling reason for 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 Wheatley’s 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 Wheatley’s 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.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
63
Royster-Clark Fertilizer Plant
Future Land Use Map Reference—F
Number of Parcels
1
Acreage
6.0
Current Land Use
Industrial, Produces Fertilizing Products for Agriculture
State Investment Strategy Level
3
In Kent County Growth Zone?
Part
Kent County Plan Recommendation
Industrial
Clayton Plan Recommendation
Residential, allow continuation of fertilizer plant
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 between Wheatley’s Pond Road and
Mill Creek. In addition, Clayton supplies electricity to the plant. Further, water and sewer can be easily
extended to the parcel.
Residential land use is recommended for this parcel to continue the residential land use pattern in the
Huntington Mills subdivision and along Wheatley’s Pond Road. The fertilizer processing operation
should be permitted to remain either as a legal, nonconforming use or as a conditional use, because it is
part of the agri-business component of Clayton’s economic base as pointed out in 6-1a. In order to allow
the plant as a conditional use, the zoning ordinance must be amended.
Wheatley’s Pond Road Single-Family Area
Future Land Use 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
Kent County Plan Recommendation
Low-Density—3 Dwellings Per Acre
Clayton Plan Recommendation
Residential
That Clayton supplies electricity to the homes in this area in and of itself makes a strong case for their
inclusion within Clayton’s town limits. Furthermore, these homes are served with individual well and
septic system; 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
Wheatley’s Pond Road, which is a state road, they present no problems regarding road standards.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
64
Hanover and Davis Farms Area
Future Land Use Map Reference—H
Number of Parcels
Hanover
Home Farm
1
Franczek
Property
1
John Irving
Davis Farm
1
Davis Frontage
Properties
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
Residential
Residential
Residential
Residential
Kent County Plan Recommendation
Clayton Plan Recommendation
This plan recommends 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
Wheatley’s 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 and open-space (see
Section 3-4b) and transportation (see Section 3-6b) 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.
A development plan for the Davis and Hanover Farms should include the following elements.
‚ A cluster layout that features a variety of housing types
‚ Designation of the stream and floodplain as open space
‚ Vehicular connectivity among the parcels (if developed at different times) and with the rest of the town
‚ Bike and walking paths that lead to the town center
‚ Open space to tie into Wheatley’s Pond, within subdivision process
▪ Incorporation and buffering of the Frontage properties
Further development for the Franzcek property should include the following elements.
‚ Designation of the stream and floodplain as open space
▪ A buffer between the wetlands and platted lots
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
65
Byler and Pheasant Point Area
Future Land Use 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
Kent County Plan Recommendation
Low Density
Low Density
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.
Sensenig Property
Future Land Use 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
Kent County Plan Recommendation
Low Density
Low Density
Low Density
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 incorporate 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 Wheatley’s Pond Road (which is a state bicycle route)
▪ Vehicular connectivity to the Green Gable Farm
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
66
Railroad at Providence Creek
Future Land Use Map Reference—K
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?
No
Kent County Plan Recommendation
Industrial
Clayton Plan Recommendation
Railroad
This parcel is recommended for annexation because it is surrounded on three sides by property in the
Town of Clayton.
10-3c. 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
▪ Agricultural Districts and PDRs 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. This issue was underscored when the
Kent County Levy Court approved a subdivision plat for the 158-acre Twin Farms on September 28,
2004. This property had been the subject of inquiries about annexation into Clayton, but since the town
could have not annexed the property without amending the comprehensive plan, the property owners
sought development approval in Kent County.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
67
Chapter 11. Implementation
The comprehensive plan is the first step in the municipal planning process. The land use map
recommended the general locations for, character of and density of development in Clayton. As such, 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
Actions” throughout the plan.
11-1. Comprehensive Rezoning
Map 8 depicts Clayton’s current zoning. Title 22, Section 702(c) of the Delaware Code requires that each
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 [i.e., future land use] provided for in the comprehensive development plan.” This means that
Clayton must rezone the entire town so that the zoning districts are compatible with the land uses depicted
in Map 7.
11-2. 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.
11-2a. 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 in order to regulate the use of land. 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 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 sale of subdivided land.
Clayton’s first zoning and subdivision ordinances were adopted in 1979. Working closely with the
Planning & Zoning Committee, the Clayton Town Council completely revised the Zoning Ordinance in
1998 and the Subdivision Regulations in 1999. Since then, several amendments have been adopted. In
the ten years since these revisions, a number of local governments have merged zoning and subdivision
regulations into a single ordinance. Accordingly, this plan recommends that Clayton also consolidate its
zoning and subdivision regulations.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
68
11-2b. 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. Since 2004, Clayton has
administered building regulations within the town limits. 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’s building code is the International Code Council’s International Building Code (IBC)/
International Residential Code (IRC), 2003 Edition.
11-2c. 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. Propertymaintenance codes deal with occupancy (number of persons per room), plumbing and heating (e.g.,
minimum and maximum temperature), and fire safety. They also set 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, 2003
Edition.
11-2d. Code Enforcement
Strong code enforcement is essential for Clayton. More than half of the town’s housing stock was built
prior to 1950. Code enforcement was underscored as an important component for revitalization, historic
preservation, and maintenance of a small-town atmosphere. Realizing the importance of strong code
enforcement, the Town has, since 2003, employed a full-time code-enforcement officer, who enforces
zoning, subdivision, building, and property-maintenance codes. The officer is also responsible for
building inspections.
11-3. 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.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
69
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.
▪ Capital-improvements programming could also be used to plan the funding for need municipal
structures, such as the new town hall, fire station, and police facilities.
11-4. Environmental Protection
This section provides detail on a number of measures to protect Clayton’s environmental resources
identified in Chapter 4. This plan recommends that these measures be folded into an all-inclusive
approach to environmental protection. This could be accomplished by incorporating an environmentalprotection chapter in a land use ordinance or by adoption as a separate environmental-protection code.
11-4a. Surface-Water Protection
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 (TMDLs) for pollutants of concern. A total maximum daily
load is the greatest amount of a pollutant that a water body can absorb each day without violating waterquality standards⎯in other words, a pollution limit. Examples of pollutants, which can harm 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.
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 21.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
Table 21.
Pollutant
70
Smyrna River Watershed TMDLs
Waste Load
Allocation
for Point Sources
Load Allocation
for Nonpoint
Sources
TMDL
Reduction from
2002-2003
Baseline
Total Nitrogen
168.00
574.23
742.23
40%
(pounds per day)
Total Phosphorus
12.18
45.64
57.82
40%
(pounds per day)
Enterococcus
7.66E+10
9.71E+10
1.74E+11
75%
(number of colonies per day)
Source: Delaware Administrative Code, Title 7, Section 7425, adopted December 1, 2006; DNREC, Smyrna River
Proposed TMDLs, August 2006
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. A Tributary Action for the Smyrna River Watershed has not been
organized, but some of the strategies that will be explored with the team include the following.
‚
‚
‚
▪
Eliminating point-source discharges
Managing fertilizer and manure applications
Replacing failing septic systems with modern sewage-disposal systems
Employing protective agricultural practices such as planting vegetative-buffer strips between cropland
and waterways
Even though the Tributary Action Team has not yet formed, Clayton can develop 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.
11-4b. Source-Water Protection
The Safe Drinking Water Act Amendments of 1996 mandated that each state develop a Source Water
Assessment and Protection (SWAP) Program to protect public drinking water sources. There are three
basic components of all SWAP Programs.
‚ Delineation of the boundaries of the land areas most important to public water sources
‚ Identification of potential sources of contamination within those boundaries
▪ Assessment of susceptibility of the public water source to these contaminants
Title 7, Section 6082 of the Delaware Code requires each local jurisdiction with a population greater than
2,000, as determined by the most-recent census, to implement measures to protect sources of public
drinking water within its boundaries. Local governments with fewer than 2,000 residents are not required
to implement source-water protection measures, but are strongly encouraged to do so. A variety of tools
are available to assist jurisdictions in their efforts to better protect sources of public drinking water,
including ordinances, best management practices, and public education. These measures are provided in
the Source-Water Protection Guidance Manual for the Local Governments in Delaware developed for
DNREC by the Institute for Public Administration’s Water Resources Agency at the University of
Delaware.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
71
Since Clayton’s population at the last census was fewer than 2,000 persons, state law does not require that
the town adopt measures to protect water-supply sources within its boundaries. However, this plan
recommends that the town review the measures recommended in the guidance manual and consider
adopting those that would be most appropriate for the town.
11-4c. 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.
As pointed out in 4-1f, there are no tidal wetlands within Clayton. This plan recommends that Clayton
adopt measures to protect these valuable environmental resources. Such regulations could be included in
a land use ordinance or be part of an environmental-protection code.
11-4d. Floodplains
Protecting flood-prone areas is important, not only as an integral component of a comprehensive
environmental-protection program, but also for participation in the National Flood Insurance Program.
Although Clayton’s current zoning and subdivision ordinances require delineation of flood-prone areas on
site and subdivision plans, and the town does not permit most buildings and structures within in
floodplains, there is a need for additional local regulations governing floodplains. This is especially
important given that future land use recommends development along Greens Branch.
To assist local governments with floodplain management, DNREC has drafted a model flood damage–
reduction ordinance. This plan recommends that Clayton utilize this model and Kent County flood
regulations to craft legislation protecting flood-prone areas within town.
11-5. 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 recommends continuing support for these efforts as well as a number of new
recommendations for healthy living.
‚ As illustrated in Figure 9, the town has undertaken a number of measures to make the Town center an
attractive place to which people will want to walk or bike. This plan continues that effort with a
recommendation for a local bike path along railroad right-of-way to connect two existing bike paths.
‚ As described in Section 8-6b, 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.
‚ As Map 5 shows, existing or planned sidewalks serve or will serve most of the streets in Clayton.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
72
‚ Clayton continues to support development of the Clayton-Easton Rail Line as a rail-trail as discussed in
Sections 9-3c and 9-4b.
‚ As pointed out in Section 9-5, Clayton’s subdivision regulations require 5-foot wide sidewalks in
residential subdivisions. In nonresidential areas, sidewalks must extend from curb to property line.
▪ As shown on Map 5 and described in Section 9-4c, Clayton has completed two bicycle paths that lead
to Smyrna High School.
11-6. 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 beginning in 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.
More recently, Clayton has established a working relationship with New Castle County. This plan’s
recommendation for preservation of the Peoples Farm and annexation (and subsequent development) of
the Wright Farm was formulated with substantial input from New Castle County staff and officials.
With respect to state agencies, the PLUS process has encouraged closer ties between Clayton and the
PLUS members. Many state agencies are providing 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. Beginning especially with the 2002 plan update,
OSPC staff have been instrumental in identifying and solving local planning issues, especially those that
cross jurisdictional boundaries.
To continue the inter-jurisdictional relationships begun in the development of this comprehensive plan,
town officials should initiate the following actions.
‚ Develop a system for notifying affected jurisdictions and agencies of proposed development-related
actions in Clayton.
‚ Request information on and input into proposed actions of governments and quasi-governments that
affect Clayton.
‚ Send copies of council and planning commission agendas to Smyrna, Kent County, New Castle
County, and the Office of State Planning Coordination.
‚ Request comment from affected jurisdictions and agencies on proposed development-related actions in
Clayton that are of interest to them.
‚ Attend meetings of other agencies and jurisdictions.
▪ Ask other agencies and jurisdictions to send agendas and request the opportunity to review and
comment on proposed actions in and nearby Clayton.
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
2008 Town of Clayton Comprehensive Plan
73
Appendix: Maps
Map 1.
Map 2.
Map 3.
Map 4.
Map 5.
Map 6.
Map 7.
Map 8.
Clayton Vicinity Aerial View
State and County Planning Environment
Environmental Features
Community Facilities
Transportation Network
Current Land Use
Future Land Use
Existing Zoning
Adopted by the Clayton Town Council 12/8/2008
Certified by the Governor 01/07/2009
15
!
(
TOWN OF
CLAYTON
1
!
(
Vandyke Greenspring Rd
ton
Clay
Map 1
Aerial View
1
0
13
ing
nspr
Gree
Pa
Po
Smyrna Town Boundary
Du
ck
ch
Cr
an
ee
k
Br
Rd
w
nd
w
Pa
Clayton Town Boundary
15
!
(
Clayton Delaney Rd
k
ee
Providence Creek
Du
ck
Pk
300
!
(
wy
Cr
6
6
!
(
er
m
W
m
Co
ce
!
(
St
County Boundaries
Local Roads
State Roads
S
Main
New Castle County
U.S. Roads
t
Lake
Como
Kent County
Ke
nto
n
Pw
y
N
6
(
!
( !
15
Rd
M
il l
Cr
ee
Railroads
k
Streams & Rivers
Lakes & Ponds
he
a
Po tley
nd ' s
Millington Rd
Ca
rte
rs
6
W
!
(
Gree n
µ
ch
s Bran
15
!
(
o
e
rn
Co
300
!
(
500 1,000
2,000
3,000
Feet
4,000
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
rn
Co
ey
All
Rd
Pond
tley's
Whea
U
w
er
nd
s
od
d
rR
0
Orthophotography - Joint-funded project by the Delaware Office of
Management and Budget, Delaware Department of Natural Resources and
Environmental Control, Delaware Department of Transportation, U.S. Geological
Survey Geospatial Information Office, National Geospatial Intelligence Agency,
Kent, New Castle, and Sussex Counties, and the City of Dover, 2007.
Municipal Boundaries - Office of State Planning Coordination; Clayton
11/15/2005, Smyrna 10/01/2007.
Streets and Roads - Delaware DataMil, 2nd TeleAtlas Delivery, 08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended by IPA to
reflect removal of Main Street North tracks.
Rivers, Streams, Lakes, and Ponds - U.S. Geological Survey, National
Hydrology Dataset-High Resolution, 11/15/2005.
Note
Rd
er
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.
Ln
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Vill a n o C
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r
To
s
Ste
l
Dr
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Railroads
Smyrna
Town Limits
Rivers &
Streams
Parcel
Boundaries
Lakes &
Ponds
5
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Clayton
Town Limits
tra
14
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Streets &
Roads
d
en z
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Driveway
4,000
Feet
County
Boundaries
SC
art
Re
Yo
rk
3,000
st
itu
t
2,000
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rn
Base Map Data
nA
or
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t
L ib
n
Ro
a
Kent County Growth Boundary
al
Sa
k
Red M a
Districts
Kent County Planning
C ook
as
s
Bl
v
Dr
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
Dr r
ea t D
i ve
Pr
Dr
Fe
Easements
Bo
Ln
ria
Ma
Ln
Protected Areas
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ca
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Agricultural Preservation Areas
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r
W in dsong D
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James Ln
Kelly Dr
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Du
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Sen
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kP
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New Castle County
Kent County
Donald Ln
ee
Cr
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NS
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ly
EA
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La
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Praise Ln
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Du
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State Strategies
il R
a
Ln
Du
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a
ov
Dr
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L ar in Dr
w
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Ba
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Map 2
State and County
Planning Environment
1
0
Rd
ch
Cr
es
v id e
C r ee
Du ck
1
!
(
Rd
in g
P
an
Clayton Delaney Rd
Pro
h
gh
no
Dr
er
no
Dr
in g
ns p r
w
Br
Rd
Creek
Spr
nc
G
e
Jo
ou
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e
re
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or
sb
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G
e
n Gre
Cla yto
Pa
aw
TOWN OF
CLAYTON
La
k
y
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do
ck
R
Sc ott
V an
on
e wa
NC
Driv
g Rd
S tore Landin
B ric k
Pa
d
15
!
(
State Investment Strategies - Office of State Planning Coordination, 09/2004.
Agricultural Preservation Districts - DE Department of Agriculture, 06/2008.
Kent County Growth Boundary - 2007 Draft Comprehensive Plan Update.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Streets and Roads - Delaware DataMil, 2nd TeleAtlas Delivery, 08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended by IPA
to reflect removal of Main Street North tracks.
Rivers, Streams, Lakes, and Ponds - U.S. Geological Survey, National
Hydrology Dataset-High Resolution, 11/15/2005.
Note
ple
Rd
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.
25
20
25
40
o
35
40
45
40
40
45
55
25
45
55
30
55
55
55
50
45
50
50
50
55
50
55
50
50
50
45
55
45
50
40
45
35
55
50
Parcel
Boundaries
Clayton
Town Limits
Streets &
Roads
Smyrna
Town Limits
Railroads
Sources
Wellhead Protection Areas - Delaware Department of Natural Resources
and Environmental Control (DNREC), Water Supply Section, December 2008.
Recharge Areas - Delaware Geological Survey (DGS) and DNREC, 02/01/2006.
Wetlands - Statewide Wetlands Mapping Project (SWMP), DNREC, 2000.
Floodplains -DNREC; Federal Emergency Management Agency (FEMA),
Digital Flood Insurance Rate Map (FIRM) as amended by New Castle County
10/06/2000 and Kent County 05/03/2003.
Topology - United States Geological Survey.
Rivers, Streams, Lakes, and Ponds - U.S. Geological Survey, National
Hydrology Dataset-High Resolution, 11/15/2005.
Municipal Boundaries - Office of State Planning Coordination; Clayton as of
11/15/2005, Smyrna as of 10/01/2007.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Streets and Roads - Delaware DataMil, 2nd Quarter TeleAtlas Delivery,
08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended by IPA
to reflect removal of Main Street North tracks.
Note
45
45
50
50 50
65
50
50
45
County
Boundaries
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
55
50
55
55
55
65
55
55
55
50
65
50
45
Lakes &
Ponds
Base Map Data
40
60
55
om
eC
La
k
i ll
M
40
en
50
s
10
25
35
30
Pw
y
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50
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25
40
55
55
55
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25
45
40
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20
35
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40
55
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50
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40
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45
40
45
55
40
50
60
50
55
55
55
55
60
60
35
45
60
55
65
Rivers and
Streams
20
50
60
ek
50
55
60
Streams, Rivers, Lakes & Ponds
30
45
55
55
55
55
60
60
Topography
45
25
50
40
Non-Tidal
100-Year Floodplain
45
35
30
Tidal
Floodplains
5
10 1
C re
30
ek
35
Excellent
Recharge
5-Foot Contours
ll
Mi
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Cr
45
4,000
65
Feet
60
60
55
3,000
65
55
2,000
k
ree 5
45
40
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40
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55
55
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65
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Wetlands
45
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50
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Source Water Protection Areas
55
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Map 3
Environmental Features
50
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55
55
60
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55
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40
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re
Creek
D u ck
6
6
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CLAYTON
15
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20
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45
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30
35
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New Castle County
Kent County
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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.
TOWN OF
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Pump Station
Natural Gas
DEMEC
Ambulance
Company
Proposed
Public
Existing
Charter
¹
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¹
Medic
Station
Existing
Private
Proposed
Charter
Recreation Facilities
Lakes & Ponds
Clayton Open Space
Rivers & Streams
6
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100-Year Floodplain
Civic and Social
l
#
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Center
Base Map Data
Sta di
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Water Treatment
Existing
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Fire
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Smyrna
Library
County Boundaries
Parcel Boundaries
Clayton Town Limits
Streets & Roads
Smyrna Town Limits
Railroads
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
Municipal Boundaries - Office of State Planning Coordination: Clayton,
11/15/2006, Smyrna 10/01/2007.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Streets and Roads - Delaware DataMil, 2nd TeleAtlas Delivery, 08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended by IPA
to reflect removal of Main Street North tracks.
Rivers, Streams, Lakes, and Ponds- U.S. Geological Survey (USGS),
National Hydrology Dataset-High Resolution, 11/15/2005.
Floodplains - Delaware Department of Natural Resources and Environmental
Control (DNREC); Federal Emergency Management Agency (FEMA), Digital
Flood Insurance Rate Map (FIRM) as amended by New Castle County
10/06/2000 and Kent County 05/03/2003.
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.
Massey Branch
Morris Branch
Rd
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Parcel
Boundaries
Clayton
Town Limits
Lakes &
Ponds
Smyrna
Town Limits
Rivers &
Streams
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
Streets and Roads - Delaware DataMil, 2nd Quarter TeleAtlas, 08/08/2008.
Railroads - Delaware Department of Transportation (DelDOT), 1992, amended
by IPA to reflect removal of Main Street North tracks.
Bicycle Routes - DelDOT, Delaware Bicycle Facilities Master Plan, October 2005.
Sidewalks - Dover/Kent Metropolitan Planning Organization, 2005, amended
6 to reflect Clayton subdivisions through October 2007.
by IPA
Municipal Boundaries - Office of State Planning Coordination; Clayton as of
11/15/2005, Smyrna as of 10/01/2007.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Rivers, Streams, Lakes, and Ponds- U.S. Geological Survey, National
Hydrology Dataset-High Resolution, 11/15/2005.
400
S no
ws
600
B800
ra n
Feet
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.
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Current Land Use
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Duck Creek
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Clayton
Town Limits
Railroads
Smyrna
Town Limits
100-Year
Floodplain
Parcel
Boundaries
Lakes &
Ponds
Streets
& Roads
Rivers &
Streams
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
Municipal Boundaries - Office of State Planning Coordination; Clayton
11/15/2005, Smyrna 10/01/2007.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Streets and Roads - Delaware DataMil, 2nd Quarter TeleAtlas Delivery,
08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended
by IPA to reflect removal of Main Street North tracks.
Floodplains - Delaware Department of Natural Resources and
Environmental Control (DNREC); Federal Emergency Management
Agency (FEMA), Digital Flood Insurance Rate Map (FIRM) as amended
by New Castle County 10/06/2000 and Kent County 05/03/2003.
Rivers, Streams, Lakes, and Ponds- U.S. Geological Survey, National
Hydrology Dataset-High Resolution, 11/15/2005.
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.
gB
13
ra
n
Ln
on
Coll
ins
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R.C. Peoples Farm
Wellhead
Protection Areas
100-Year
Floodplain
Excellent
Recharge Areas
Non-Tidal
Wetlands
County
Boundaries
Streets & Roads
Clayton
Town Limits
Railroads
Smyrna
Town Limits
Lakes &
Ponds
Parcel
Boundaries
Rivers &
Streams
Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
Wellhead Protection Areas - Delaware Department of Natural Resources and
Environmental Control (DNREC), Water Supply Section, November 2005.
Recharge Areas - Delaware Geological Survey (DGS) and DNREC, August 2008.
Floodplains - DNREC; Federal Emergency Management Agency (FEMA),
Digital Flood Insurance Rate Map (FIRM) as amended by New Castle County
10/06/2000 and Kent County 05/03/2003.
Wetlands - Statewide Wetlands Mapping Project (SWMP), DNREC, 2000.
Municipal Boundaries - Office of State Planning Coordination; Clayton as of
11/15/2005, Smyrna as of 10/01/2007.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Streets and Roads - Delaware DataMil, 2nd Quarter TeleAtlas, 08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended by IPA
to reflect removal of Main Street North tracks.
Rivers, Streams, Lakes, and Ponds- U.S. Geological Survey, National
Hydrology Dataset-High Resolution, 11/15/2005.
Note
ow
s B ra
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Location and size determined when
development plan reviewed
Cor
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Environmental Elements
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Map 7
Future Land Use
k
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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.
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County Boundaries
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Adopted by the Clayton Town Council 12/08/2008
Certified by the Governor 01/07/2009
Sources
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Clay
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Zoning Districts - Town of Clayton Comprehensive Rezoning 02/13/2006;
Denbone Rezoning 10/08/2007.
Municipal Boundaries - Office of State Planning Coordination; Clayton 11/15/2005,
Smyrna 10/01/2007.
Parcel Boundaries - Delaware DataMil, 06/26/2008.
Streets and Roads - Delaware DataMil, 2nd TeleAtlas Delivery, 08/08/2008.
Railroads - Delaware Department of Transportation, 1992, amended by IPA to reflect
removal of Main Street North tracks.
Rivers, Streams, Lakes, and Ponds - U.S. Geological Survey, National Hydrology
Dataset-High Resolution, 11/15/2005.
Wellhead Protection Areas - Delaware Department of Natural Resources and
Environmental Control (DNREC), Water Supply Section, November 2005.
Recharge Areas - Delaware Geological Survey (DGS) and DNREC, August 2008.
Floodplains - DNREC; Federal Emergency Management Agency (FEMA), Digital Flood
Insurance Rate Map (FIRM) as amended by New Castle County 10/06/2000 and
Kent County 05/03/2003.
Wetlands - Statewide Wetlands Mapping Project (SWMP), DNREC, 2000.
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.
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University of Delaware
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