This chapter is authorized by § 4
of the Town Charter.
It is declared that substantial erosion of the
banks of the waterways within the corporate limits of the Town of
Bethany Beach has resulted in significant shoaling of such waterways
and unless the erosion is abated, public and private property as well
as the waterways will sustain considerable damage that the inevitable
and continual shoaling of the waterways will prevent proper tidal
flushing and contribute to the pollution of the waterways and impede
navigation of boats to the adjoining inland waterways and bays. Therefore
it is declared to be the public policy of the Town to protect and
preserve the waterways and public and private property abutting the
waterways within the Town by approved bank stabilization and/or erosion
control devices if needed and requiring the maintenance of all property
abutting the Towns waterways so as to prevent such erosion.
A parcel of real property will be determined
to be in need bank stabilization and/or erosion control if a portion
of the property has eroded into the Town's waterways causing significant
damage to and/or flooding of said property and threatens significant
damage to and/or flooding of adjoining properties.
As used in this chapter, the following terms
shall have the meanings indicated:
BANK STABILIZATION/EROSION CONTROL DEVICE
Any structure device and/or material used to prevent shoreline
erosion and bank stabilization, provided such construction has met
all state federal and local regulations and permitting requirements,
bank stabilization and/or erosion control devices shall be required
if needed on all real property abutting the Town's waterways.
If an appeal is requested, it shall be commenced
within 30 days after the request is received. The Town Council shall
preside over the appeal hearing. If, after a hearing, the Town Council
finds that no violation exists, the Code Enforcement Officer shall
withdraw the notice. If the Town Council finds that a violation does
exist, the property owner shall begin or continue the repair/permitting
process to correct the violation within 30 days. The proceedings of
the appeal, including the findings and decision of the Town Council,
shall be summarized, reduced to writing, and entered as a matter of
public record in the office of the Code Enforcement Officer. Failure
to comply with the decision of the Town Council may result in penalties
stated in § 448-9 of this chapter.
It shall be unlawful to proceed under the terms
of this chapter until a building permit for such work has been issued.
All permitting under this section will be subject to engineering review
by the Town of Bethany Beach and all associated costs will be borne
by the permit applicant. The Town Council may approve a form application
for this purpose and set fees for the administration of this chapter.
Prior to issuance of a Town permit, the petitioner shall present copies
of valid DNREC and Sussex County building permits for the work.