The Town Council shall have the authority to annex any territory
containing five (5) acres or less contiguous to the Town by complying
with the procedure set forth in this Section in addition to the requirements
for annexation in Title 22 of the Delaware Code.
A.
Any property owner(s) holding record fee title to real property
in territory five (5) acres or less contiguous to the then existing
corporate limits of the Town may petition the Town Council to annex
that certain territory in which they own property. Such petition shall
be in writing, duly executed and acknowledged by each petitioner;
shall describe with reasonable certainty the territory proposed for
annexation; indicate the property owned by each petitioner therein;
and state the reasons for the requested annexation. The Town Council
may, within one hundred eighty (180) days following the filing of
such petition in the Town Office, vote to accept such petition and
proceed as hereinafter provided, or to reject such petition. A petition
not so accepted within said one hundred eighty (180) days shall be
null and void. The description for the territory proposed for annexation
shall include any street, road or way previously conveyed, transferred
or delivered to the Public or to the State, County, or other Local
Governmental authority having jurisdiction over the subject matter
thereof for the public use as a road or as a public right-of-way corridor
that is contiguous with or adjacent to the territory proposed for
annexation and all streams, rivers, canals, or other waterways to
the centerline thereof that are contiguous with or adjacent to the
territory proposed for annexation; provided however, that any such
territory that is included in the limits or boundary of an adjacent
municipality shall not be annexed into the limits and the bounds of
the Town of Ocean View.
B.
The Town Council shall introduce an ordinance proposing the
annexation of such territory of five (5) acres or less contiguous
to the Town. Such ordinance shall describe, with reasonable certainty,
the territory proposed to be annexed, state the reasons for the proposed
annexation, shall rezone the area being annexed to a zoning classification
consistent with the adopted comprehensive plan, and shall contain
such other provisions as shall be required by law.
C.
The Town Council, prior to adopting the annexation ordinance,
shall require the Planning and Zoning Commission (the Commission)
to prepare a report to the Town Council as soon as practicable but
no later than two (2) months from the initial request. The report
so submitted shall include the advantages and disadvantages of the
proposed annexation both to the Town of Ocean View and to the territory
proposed to be annexed, and shall contain the recommendation of the
Commission whether or not to proceed with the proposed annexation
and the reasons therefore.
D.
In the event that the Commission concludes that the proposed
annexation is advantageous both to the Town and to the territory proposed
to be annexed, the Town Council may then adopt the ordinance annexing
such territory into the Town of Ocean View. Such ordinance shall be
adopted by the affirmative vote of a majority of all members elected
to the Town Council.
E.
If the proposed ordinance shall fail to receive the affirmative
vote of a majority of all members elected the Town Council, the territory
proposed to be annexed shall not again be considered for annexation
for a period of six (6) months from the date that the ordinance failed
to receive the required affirmative vote.
F.
If the ordinance shall be adopted, annexation as provided therein
shall become effective immediately after the certification of the
Commissioners' vote. Upon the adoption of the Ordinance of Annexation,
a copy thereof, signed by the Mayor and certified by the Town Clerk,
with the Town seal affixed, together with a plot of the area annexed,
shall forthwith be filed for recording in the Office of the Recorder
of Deeds in and for Sussex County. Delaware, but in no event shall
said recordation be completed more than ninety (90) days following
the date of adoption. The failure to record the description or the
plot within the specified time shall not make the annexation invalid,
but such annexation shall be deemed to be effective at the expiration
of the ninety (90) day period from the date of the adoption of the
Ordinance of Annexation.
The Town Council shall have the authority to annex any territory
containing more than five (5) acres contiguous to the Town by complying
with the procedure set forth in this Section in addition to the requirements
for annexation in Title 22 of the Delaware Code
A.
Any property owner(s) holding record fee title to undeveloped
or primarily developed real property in territory containing more
than five (5) acres contiguous to the then existing corporate limits
of the Town may petition the Town Council to annex that certain territory
in which they own property. Such petition shall be in writing, duly
executed and acknowledged by each petitioner; shall describe with
reasonable certainty the territory proposed for annexation; indicate
the property owned by each petitioner therein; and state the reasons
for the requested annexation. The Town Council may, within one hundred
eighty (180) days following the filing of such petition in the Town
Office, vote to accept such petition and proceed as hereinafter provided,
or to reject such petition. A petition not so accepted within said
one hundred eighty (180) days shall be null and void. The description
for the territory proposed for annexation shall include any street,
road or way previously conveyed, transferred or delivered to the Public
or to the State, County, or other Local Governmental authority having
jurisdiction over the subject matter thereof for the public use as
a road or as a public right-of-way corridor that is contiguous with
or adjacent to the territory proposed for annexation and all streams,
rivers, canals, or other waterways to the centerline thereof that
are contiguous with or adjacent to the territory proposed for annexation;
provided however, that any such territory that is included in the
limits or boundary of an adjacent municipality shall not be annexed
into the limits and the bounds of the Town of Ocean View.
B.
The Town Council shall introduce an ordinance proposing the
annexation of such territory of more than five (5) acres contiguous
to the Town. Such ordinance shall describe, with reasonable certainty,
the territory proposed to be annexed, state the reasons for the proposed
annexation, shall rezone the area being annexed to a zoning classification
consistent with the adopted comprehensive plan, and shall contain
such other provisions as shall be required by law.
C.
The Town Council prior to adopting an annexation ordinance shall
require the Planning and Zoning Commission (the Commission) to prepare
a report to the Town Council as soon as practicable but no later than
two (2) months from the initial request. The report so submitted shall
include the advantages and disadvantages of the proposed annexation
both to the Town of Ocean View and to the territory proposed to be
annexed, and shall contain the recommendation of the Commission whether
or not to proceed with the proposed annexation and the reasons therefore.
D.
In the event that the Commission concludes that the proposed
annexation is advantageous both to the Town and to the territory proposed
to be annexed, the Town Council of Ocean View may then pass the ordinance
annexing such territory to the Town of Ocean View. Such ordinance
shall be adopted by the affirmative vote of all members elected to
the Town Council.
E.
The annexation ordinance shall not become effective until thirty-one
(31) days after adoption. After the thirty-one (31) day waiting period
and, if not contested, a copy of the annexation ordinance signed by
the Mayor and certified by the Town Clerk, with the Town Seal affixed,
together with a plot of the area annexed, shall forthwith be filed
for recording in the Office of the Recorder of Deeds in and for Sussex
County, Delaware. The Failure to record the description or the plot
within the specified time shall not make the annexation invalid, but
such annexation shall be deemed to be effective at the expiration
of the ninety (90) day period from the date of the adoption of the
Ordinance of Annexation.
F.
If the ordinance shall fail to receive the affirmative vote
of a majority of all members elected the Town Council, the territory
proposed to be annexed shall not again be considered for annexation
for a period of one (1) year from the date that the ordinance failed
to receive the required affirmative vote.
G.
If not less than thirty-three percent (33%) of the qualified
voters of the Town of Ocean View disagree with the decision of the
Town Council, they may sign a petition calling for an Annexation Referendum
(Special Election). The Annexation Referendum Petition shall be filed
with the Town Clerk not later than thirty (30) days following the
adoption of the annexation ordinance by the Town Council. Within twenty
(20) days the Commissioners shall fix the date of the Annexation Referendum
(Special Election) which shall be not less than thirty (30) nor more
than ninety (90) days thereafter.
H.
At the Annexation Referendum, every qualified voter shall have
one (1) vote. Immediately upon the closing of the polling place, the
Election Board shall count the ballots for and against the proposed
annexation and shall announce the results thereof and shall certify
the votes cast for and against the proposed annexation and the number
of void votes, and shall deliver the same to the Town Council. Said
Certificate shall be filed with the papers of the Town Council.
I.
If the Certificate of the Annexation Referendum (Special Election)
shall declare that a majority of the voters voted against the annexation,
no part of the territory proposed to be annexed shall again be considered
for annexation for a period of at least one (1) year from the date
of the Annexation Referendum (Special Election).
J.
If the Certificate of the Annexation Referendum (Special Election)
shall declare that a majority of the voters voted for the annexation,
annexation as provided therein shall become effective immediately
after the certification to the Commissioners. Therefore, a copy of
the annexation ordinance signed by the Mayor and certified by the
Town Clerk, with the Town Seal affixed, together with a plot of the
area annexed, shall forthwith be filed for recording in the Office
of the Recorder of Deeds in and for Sussex County, Delaware. The failure
to record the description or the plot within the specified time shall
not make the annexation invalid, but such annexation shall be deemed
to be effective at the expiration of the ninety (90) day period from
the date of the adoption of the Ordinance of Annexation.
The Town Council shall have the authority to annex any territory,
without regard to size, contiguous to the Town by complying with the
procedure set forth in this Section in addition to the requirements
for annexation in Title 22 of the Delaware Code.
A.
If more than one-half (1/2) of property owners, but not all
the property owners, resident in a territory contiguous to the then
existing corporate limits of the Town may petition the Town Council
to annex that certain territory in which they own property. Such petition
shall be in writing, duly executed and acknowledged by each petitioner;
shall describe with reasonable certainty the territory proposed for
annexation; indicate the property owned by each petitioner therein;
and state the reasons for the requested annexation. The Town Council
may, within one hundred eighty (180) days following the filing of
such petition in the Melson Administrative and Public Safety Building,
vote to accept such petition and proceed as hereinafter provided,
or to reject such petition. A petition not so accepted within said
one hundred eighty (180) days shall be null and void. The description
for the territory proposed for annexation shall include any street,
road or way previously conveyed, transferred or delivered to the Public
or to the State, County, or other Local Governmental authority having
jurisdiction over the subject matter thereof for the public use as
a road or as a public right-of-way corridor that is contiguous with
or adjacent to the territory proposed for annexation and all streams,
rivers, canals, or other waterways to the centerline thereof that
are contiguous with or adjacent to the territory proposed for annexation;
provided however, that any such territory that is included in the
limits or boundary of an adjacent municipality shall not be annexed
into the limits and the bounds of the Town of Ocean View.
B.
The Town Council shall introduce an ordinance proposing the
annexation of such territory contiguous to the Town. Such ordinance
shall describe, with reasonable certainty, the territory proposed
to be annexed, state the reasons for the proposed annexation, shall
rezone the area being annexed to a zoning classification consistent
with the adopted comprehensive plan, and shall contain such other
provisions as shall be required by law.
C.
The Town Council prior to adopting an annexation ordinance shall
require the Planning and Zoning Commission to prepare a report to
the Town Council as soon as practicable but no later than two (2)
months from the initial request. The report so submitted shall include
the advantages and disadvantages of the proposed annexation both to
the Town of Ocean View and to the territory proposed to be annexed,
and shall contain the recommendation of the Commission whether or
not to proceed with the proposed annexation and the reasons therefore.
D.
In the event that the Commission concludes that the proposed
annexation is advantageous both to the Town and to the territory proposed
to be annexed, the Town Council of Ocean View may then pass the ordinance
annexing such territory to the Town of Ocean View. Such ordinance
shall be adopted by the majority vote of all members of the Town Council.
E.
The annexation ordinance shall not become effective until after
the Annexation Referendum (Special Election) referred to hereinafter.
The Council shall at the time of adoption fix the date of the Annexation
Referendum which shall be not less than thirty (30) nor more than
ninety (90) days thereafter.
F.
At the Annexation Referendum, every qualified voter shall have
one (1) vote. Immediately upon the closing of the polling place, the
Board of Elections shall count the ballots for and against the proposed
annexation and shall announce the results thereof and shall certify
the votes cast for and against the proposed annexation and the number
of void votes, and shall deliver the same to the Town Council. Said
Certificate shall be filed with the papers of the Town Council.
G.
If the Certificate of the Annexation Referendum (Special Election)
shall declare that a majority of the voters voted against the annexation,
no part of the territory proposed to be annexed shall again be considered
for annexation for a period of at least one (1) year from the date
of the Annexation Referendum (Special Election).
H.
If the Certificate of the Annexation Referendum (Special Election)
shall declare that a majority of the voters voted for the annexation,
annexation as provided therein shall become effective immediately
after the certification to the Commissioners. Therefore, a copy of
the annexation ordinance signed by the Mayor and certified by the
Town Clerk, with the Town Seal affixed, together with a plot of the
area annexed, shall forthwith be filed for recording in the Office
of the Recorder of Deeds in and for Sussex County, Delaware. The failure
to record the description or the plot within the specified time shall
not make the annexation invalid, but such annexation shall be deemed
to be effective at the expiration of the ninety (90) day period from
the date of the adoption of the Ordinance of Annexation.
