From and after passage of this Part 1, it shall
be required that all property owners maintain their lot or lots in
accordance with the following provisions:
A. Drainage and standing water. All lots shall be graded
and/or filled, and thereafter maintained, so as to prevent the erosion
of soil and to prevent the accumulation of standing water.
B. Elevation.
(1) From the effective date of this Part 1, the elevation
or grade of any lot or plot of ground, or any portion thereof, in
the Town of Bethany Beach shall not be changed, nor shall the same
be cleared, until a building permit is issued. Prior to the issuance
of said permit(s), an engineering report evaluating the impact of
the elevation change or lot clearing on adjoining properties and the
Town’s stormwater system and/or infrastructure shall be conducted
by an engineer designated by the Town. Said report(s) shall be completed
at the property owner’s expense. No building permit and/or certificate
of occupancy shall be issued if any grading, elevation changes, or
lot clearing is shown, by the engineering report, to have a material
negative impact on adjoining properties and/or the Town’s stormwater
system or infrastructure.
[Amended 8-18-2006 by Ord. No. 414]
(2) Exception; minor cosmetic landscaping. Minor cosmetic landscaping may be exempt from the requirements set forth in Subsection
B(1) above, provided that the minor cosmetic landscaping areas:
(a)
Comprise no more than 5%, cumulatively, of the
total area of the lot, with no one landscaping area to exceed 100
square feet;
(b)
Not be filled or raised in excess of 12 inches
from surrounding grade;
(c)
Be located at least 15 feet from any property
line;
(d)
Be located or constructed so as to not unreasonably
alter the natural flow or effect of surface water onto adjacent properties.
C. Surface water runoff to adjacent property. The flow
of surface water, if any, as the result of the required grading and
filling shall not unreasonably drain onto adjacent private property
and/or create an excessive burden on adjacent property.
D. Surface water runoff from improvements. Surface water
from improvements shall not be allowed to unreasonably drain onto
an adjacent private property and/or create an excessive burden on
adjacent property.
E. Downspouts. When downspouts are utilized, downspouts
from structures shall not extend beyond a point midway from the structure
to the property line unless emptying to a ditch, swale or street.
Any downspout installed after the effective date of this Part 1, shall
require a permit and must be connected to buried corrugated or perforated
plastic pipe terminating in a dry well on-site or emerging at a point
away from the structure. In no case shall the dry well or the termination
of the buried pipe be located or extend beyond a point midway from
the structure to the property line unless emptying to a ditch, swale
or street.
F. French drains. All new and remodeling construction
requiring a building permit shall be constructed with a French drain
around the foundation or footprint of the structure. (A French drain
is a trench two or three feet wide and three to four feet deep which
is filled with gravel or crushed stone.)
G. Underbrush, rubbish and tall grass. All lots shall be kept free from dense underbrush, rubbish, tall grass, fallen timber, fences or any other conditions as defined in Chapter
440, Brush and Grass, which may change the natural flow of surface water or constitute a fire hazard or are unsanitary or are prejudicial or detrimental to the health and welfare of the population or adjacent property owner or owners.
H. Swales and ditches. In accordance with Chapter
516, Article
V, Drainage, all swales and ditches located on both public land and private lots shall be kept free of all debris, rubbish, tall grass, fallen timber and fences or any other condition defined in Chapter
440, Brush and Grass, so that the flow of water is free and not impeded. Where swales and ditches are located along a property line, owners of lots on either side of the ditch or swale shall be responsible for compliance with this requirement. Where swales or ditches are filled to accommodate a driveway, a pipe (culvert) will be constructed of the proper size and at the appropriate grade as required under the existing code so as not to impede the flow of water.
I. New ditches and swales, private and public. No new
ditches or swales shall be constructed without a permit being first
issued by the Town Building Inspector, and without the written notification
to all lot owners adjacent to or affected by the new construction.
Notification is to be by certified mail, return receipt requested,
to the address carried on the tax rolls, and shall include the address
of the proposed construction, the nature of the proposed construction
and the individual or entity proposing said construction. Notification
shall not be sent less than 30 days prior to the issuing of a permit.
Some major subdivisions were developed with
all lots graded and drained as shown on the final site plans and approved
by the Planning and Zoning Commission. Final grading on single lots in these subdivisions may not be altered. Only minor cosmetic landscaping, in compliance with §
475-1B(2), will be allowed. The Building Inspector should be consulted for the details.
No certificate of occupancy shall be issued
by the Town Building Inspector until compliance with applicable provisions
of this Part 1 regarding design and construction have been met.
The Town shall have the authority to enter upon
private property located within the boundaries of the Town of Bethany
Beach to inspect for compliance with this Part 1.
Should a property exist in violation of any requirement set forth above in §
475-1A through
H or
475-2, the Town shall, prior to taking any other action to enforce compliance with this Part
1, send written notice, by certified mail, return receipt requested, to the owner of the offending property, at his or her address as carried on the tax rolls. The notice shall:
A. Specify the nature and location of the condition in
violation;
B. Provide notice of the need to correct such condition
within 30 days;
C. State that upon failure to bring said condition in compliance with this Part
1, within 30 days, the Town may proceed to remedy the condition and charge all costs to the property owner pursuant to §
475-6, and/or institute proceedings against such person to collect a civil penalty for violations.
D. Set forth the civil penalties for the violations.
After proper notice, sent pursuant to §
475-5, and upon the failure of the property owner to correct or remedy the condition in violation, within the 30 days provided, the Town may engage an independent contractor or request Town maintenance to correct or remedy said condition, and charge the cost thereof, together with an administration charge of 25%, plus interest at the rate of 25% per annum from the date of completion of the work, to the property owner on the next regular tax bill by the Town. Such charge shall be due and payable with the next regular tax bill.
[Amended 2-17-2006 by Ord. No. 407]
Property owners who have been found, by a court of competent jurisdiction, to violate any of the provisions of Chapter
475, Property Maintenance, shall pay, upon conviction, such fines as set out in Chapter
1, General Provisions, Article
I, Penalties.