[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
A. Applicants intending to relocate property lines shall
file an application to the Planning and Zoning Commission. This application must be on file in the office
of the Building Inspector no less than 45 days prior to the date of
review by the Planning and Zoning Commission. The
application must contain the completed form, the prescribed fee paid,
four copies of a plat of the lots or parcels as presently recorded
showing the placement of any existing buildings or structures, also
six copies of a plat showing the new lot or parcel and six copies
of a plat of any lot or parcel which is dimensionally affected by
the relocation of property lines, two of each of which shall be suitable
for recording with space for a date of approval and signatures of
the Planning and Zoning Commission. All plats must
be sealed by a professional engineer, or a professional land surveyor
licensed in the State of Delaware.
B. Review procedure. The Planning and Zoning
Commission shall review the submitted plans for conformance
with this chapter and other Town codes and ordinances. If approved,
two copies of each plat representing new lots or parcels of ground
shall be signed by a majority of the members of the Planning
and Zoning Commission, and both plats shall be recorded in
the office of the Recorder of Deeds, Georgetown, Delaware.
C. Recording. The approved plats shall be recorded in
the office of the Recorder of Deeds, Georgetown, Delaware, by the
Building Inspector within 14 days from the date of Planning
and Zoning Commission approval.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
Any plat representing ground within the corporate
limits of the Town of Bethany Beach presented for recording in the
office of the Recorder of Deeds, Georgetown, Sussex County, Delaware,
shall first be approved and signed by the Bethany Beach Planning
and Zoning Commission. All approved plats of subdivisions shall be recorded
in the office of the Recorder of Deeds, Georgetown, Delaware, by the
Building Inspector within 14 days from the date of approval.
An unreduced copy of the approved, signed and
recorded plat of all subdivisions shall be filed in the office of
the Bethany Beach Building Inspector.
A subdivision may be approved in total or by
part, section, phase or other term denoting part of the total parcel
of ground. For purposes of Planning and Zoning Commission approval, each section shall be considered as
a separate subdivision.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
Subdivisions shall be classified by the Building
Inspector as a partitioning, combining, minor subdivision, major subdivision
or Planned Residential Development or relocation of property lines
at the time of application.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
Applications, provided by the Town, for all
types of subdivisions must be complete and on file in the office of
the Building Inspector no less than 45 days before the date of review
by the Planning and Zoning Commission. To be complete, an application must contain the signed
application form, fee paid, and all required plans and supporting
documents. Incomplete applications shall not be reviewed by the Planning
and Zoning Commission.
No subdivision shall be approved which would create or cause to exist lots or parcels of ground within or without the subdivision that are not in conformance with the requirements of this chapter or Chapter
425, Zoning.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
No construction of any improvements or any site
preparation, as shown on the application, shall be started nor shall
any sign be erected nor shall any material or equipment be stored
on the property under application as a subdivision during the period
between initial application and final approval, as defined within
this chapter.
[Amended 11-18-2005 by Ord. No. 399; 3-16-2007 by Ord. No.
422]
Property monuments shall be either reinforced
concrete of a size no less than four inches by four inches in cross
section and no less than 36 inches in length or solid iron rod (magnetic
nail) of a size no less than 5/8 inch in diameter and no less than
36 inches in length.
[Added 9-21-1984 by Ord. No. 140; amended 12-19-1988 by Ord. No.
214]
A. No building shall be constructed on any lot which
does not have the required minimum frontage on a public street.
B. Excepting alleys, no private way will be permitted
to serve more than:
(2) One dwelling unit if it exceeds 180 feet in length.
C. All alleys and private ways shall be connected directly
to one or more public streets.
D. Any recorded lot existing of public record in the Recorder of Deeds' office in and for Sussex County, Delaware, as of December 18, 1988, whose sole means of access is by a public alley or by a private easement also of public record as a December 18, 1988, shall be exempt from the provisions of Subsections
A,
B and
C of this section.
[Amended 12-13-1985 by Ord. No. 162; 11-18-2005 by Ord. No.
399; 3-16-2007 by Ord. No. 422]
Public notice of applications for combining,
partitioning, minor subdivisions, major subdivision, relocation of
property lines and Planned Residential Developments is required as
provided in this section.
A. Notice by mail. Upon filing an application, the applicant
shall provide a notarized list of property owners and addresses for
all property owners within 200 feet of the site of the proposed action.
The Town Manager or his or her designee (hereinafter referred to as
"Town Manager") shall send by first class at least 40 days prior the
hearing addressed to the listed property owners a copy of the information
required to be posted on the property under this section. Property
owners will be determined by the Sussex County Assessment Office property
maps.
[Amended 5-23-2014 by Ord. No. 505]
B. Notice by publication. The Town Manager shall cause
to be published 30 days prior the hearing date in one issue of at
least one newspaper of general circulation in the Town of Bethany
Beach a notice containing the information required to be posted on
the property by this section.
C. Notice by posting. The Town Manager shall cause to
be posted at least 40 days prior to the hearing at two or more prominent
and easily visible places on the property on eighteen-by-twenty-four-inch
yellow cardboard a public notice setting forth the date and the place
at which the Bethany Beach Planning and Zoning Commission has scheduled a hearing on the application; the name of
the applicant; a description and size of the property involved; and
a statement in plain language of the action applied for. The notice
shall also state at which Town office further information may be obtained.
The Town Manager shall notify the applicant when the notices are posted
and thereafter maintain the notices in good condition during the posting
period. In addition, the Town Manager shall cause to be posted at
five or more public places in the Town a public notice setting forth
the date and the place at which the Bethany Beach Planning and Zoning
Commission has scheduled a hearing on the application; the
name of the applicant; a description and size of the property involved;
and a statement in plain language of the action applied for. The notice
shall also state at which Town office further information may be obtained.
[Amended 5-23-2014 by Ord. No. 505]
D. Time of notice. Notices by mail shall be placed in
the mail at least 40 days before the hearing date. At least one notice
by publication shall be published at least 30 days before the hearing
date. Notice shall be posted on the property at least 40 days before
the hearing date and shall remain until the day before the hearing
date. Notice shall be posted in five public places in the Town at
least 40 days before the hearing date and shall remain until the day
before the hearing date.
[Amended 5-23-2014 by Ord. No. 505]