[Adopted 1-19-2001 by Ord. No. 349 (Ch.
179, Art. I, of the 1992 Code)]
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:[1]
(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.[1] 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.
[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 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:
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.
A.
Before the Town may proceed under § 475-6 to enter upon the property and take corrective measures to remedy the violation, the property owner(s) shall be notified, in writing, of the Town's intent to do so and the right of appeal to the Town Council.
B.
Such notice shall be sent by registered mail, return
receipt requested, to the property owner's last known address as shown
on the Town's tax records. Notice to one joint property owner shall
be notice to all. In the event that such notice is returned undelivered
(for reasons other than refused delivery), alternate notice shall
be given by publishing such notice once in a newspaper of general
circulation in the Town, posting such notice on the property and by
sending written notice, first class, regular mail, to any other addresses
reasonably known to the Town for such property owner(s).
C.
Such notice shall include a copy of the notice and order previously given under § 475-5 of this Part 1, shall indicate the Town's intent to enforce compliance under § 475-6 hereof and shall inform the property owner(s) of the right to appeal such alleged violation to the Town Council by filing a written request for appeal with the Town Manager within 15 days of the notice date. For purposes hereof the notice date shall be the date that written notice under this section was actually received (or refused) by the property owner(s) as shown on the return receipt or, in the event that alternate notice is given, as provided above, the notice date shall be the date that the last of the three alternate notice requirements are performed (i.e., the date of publication, the date of posting or the date of mailing). A form of this notice of appeal rights to be issued pursuant to this section is attached to this Part 1 as Exhibit A and made a part hereof.[1]
[1]
Editor's Note: Exhibit A is on file in the
Town offices and may be examined there during regular office hours.
D.
In the event that no written request for appeal is received by the Town within 15 days of the notice date, the Town may proceed to enforce compliance under § 475-6.
E.
In the event that a written request for appeal is
received by the Town within 15 days of the notice date, a hearing
shall be scheduled before the Town Council on not less than 10 days'
notice to the property owner(s), at which hearing the Town Council
shall hear evidence regarding the alleged violation. Any affected
property owner(s) shall have the right to be represented by an attorney,
to present evidence, to cross-examine witnesses and to present sworn
testimony. In hearing such appeal, the Town Council shall not be bound
by strict rules of evidence but shall be entitled to accept and consider
any probative evidence which reasonable persons of average intelligence
and understanding would consider as reasonably trustworthy in making
important decisions within their own lives, and the standard of proof
shall be by a preponderance of the evidence.
F.
At or before the commencement of any such hearing,
the Town Council shall be entitled to establish reasonable rules of
conduct, including the length of time permitted to each side for their
case-in-chief, for cross-examination, limiting the number of witnesses
and the like.
G.
If a majority of the Town Council shall be persuaded
that a violation of the article has occurred, it shall set forth its
decision and the reasons therefor in writing, signed by those Council
members so finding, and a copy thereof shall be filed in the Town
Hall and sent to the property owner(s). No decision of the Town Council
hereunder shall be final until such written decision is so filed and
sent to the property owner(s).
