As used in this chapter, the following terms shall have the
meanings indicated:
COMMUNITY IMPROVEMENTS
Road repair, construction or augmentation, minor drainage
upgrades or other miscellaneous improvements related to safe and efficient
vehicular travel within the community, or other improvements designated
by the County Engineer that will, upon completion, benefit or serve
the entire community .
COUNTY ENGINEER
The County Engineer employed by the County Council or his/her
authorized representative.
DIRECTOR OF FINANCE
The Director of Finance employed by the County Council or,
in his absence, the person employed as Acting Director of Finance.
HOA
Any homeowners' association, property owners' association
or condominium association.
PARCEL
Any unit of real estate assessed by Sussex County and identified
by its own Sussex County Tax Map Number (including unit number, if
applicable), including but not limited to lots, townhouses, multifamily
units and/or condominium units.
PUBLIC ROADS
Roads dedicated to public use, which may be maintained by
DelDOT.
SUSSEX COMMUNITY
Any unincorporated community within Sussex County. To qualify
for the Sussex Community Improvement Program (SCIP), the community
shall meet the following criteria:
A.
Contain at least five separate and distinct property owners;
B.
Have streets that aggregate a minimum of 500 linear feet of
road surface or, in the case of condominium or other type of individually
owned units of multiunit buildings whose streets aggregate, a minimum
of 300 feet of road surface; and
C.
Be situated in such a way that, in the opinion of the County
Engineer, the community is reasonably and economically capable of
being improved by the laying, repairing or completion of streets,
minor drainage upgrades and other miscellaneous community improvements
as defined in this section.
D.
Have direct access to a road, which is part of the State of
Delaware Department of Transportation (DelDOT) road system or will
be connected to the DelDOT road system when the project provided for
in this subchapter is complete.
E.
Have a legally established property owners' association
or condominium association (HOA) to provide for the perpetual maintenance
of such Sussex community improvements as provided herein, or to be
maintained by DelDOT.
Sussex communities seeking to upgrade roads to public roads
maintained by DelDOT shall follow the procedures set forth in the
Delaware Code for that process.
Sussex County Council may be petitioned for inclusion in the proposed Chapter
96 program by the owners of parcels used for residential, commercial or other uses and that abut the roadway that is the subject of the proposed Chapter
96 program. Each parcel, as defined in §
96-1, shall be entitled to one signature on the petition and one vote in the election, regardless of whether owned jointly, severally, by tenants-in-common or by an artificial entity; provided, however, that each recorded lot that is buildable, as designated by the Director of Planning and Zoning, shall be entitled to one signature on the petition and one vote in the election.
After the awarding of the contract or contracts, all work performed
under the contract or contracts shall be under the direct administration,
oversight and/or inspection of the County Engineer or his/her authorized
representative.
In the event that street rights-of-way are inadequate or where
street rights-of-way are in question, the acquisition of necessary
rights-of-way for the Sussex community construction project may be
assisted by Sussex County. In that case, the acquisition of such necessary
street rights-of-way shall follow the current practice of Sussex County
in acquiring property.
All roads and streets constructed pursuant to this chapter,
intended to be private, shall be constructed in accordance with standards
adopted by Sussex County. Such rules and regulations for construction
of private subdivision streets and roads shall, in addition to specifying
standards for the design and construction thereof, require that, simultaneous
with the construction of such streets and roads, a means or mechanism
be provided to insure the perpetual maintenance of such private streets
and roads, but in no event shall the state or County be responsible
for such maintenance.
The assessment for every assessable lot, parcel or building
unit shall be equal and uniform.
A. Any assessable lot, parcel, building unit or recorded lot that is
buildable as designated by the Director of Planning and Zoning in
the suburban community shall be separately assessed at the same uniform
rate.
B. Those lots or parcels designated as unbuildable by the Director of
Planning and Zoning shall not be assessed.
C. Any lot or parcel reduced in size, by reason of acquisition by public
authority, beyond that required by existing zoning ordinances for
a structure to be built shall not be assessed.
This chapter shall become effective on the date of its adoption.