[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.[2] 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.
[2]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
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.
[1]
Editor's Note: Original § 200-7, Combining, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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.[1] 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.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
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[1] approval, each section shall be considered as a separate subdivision.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
[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.[1] 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.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to 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:
(1) 
Eight dwelling units; or
(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[1] 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]
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
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]