[Amended 9-29-1995; 4-27-2007]
When a building permit or a preliminary clearance
for Department of Natural Resources and Environmental Control is required
hereunder, the owner of the property involved or his authorized agent
shall submit to the Town Manager or directly to the Building Official
an application, which shall include the following:
A. The name and residence and business addresses of the
owner and the agent, if any.
B. An accurate description of the work proposed to be
done, including but not limited to plans for buildings or structures,
showing dimensions, elevations, setbacks, etc., and the property on
which the work is to be done.
C. The proposed use of the building or structure.
D. The estimated cost of the work based upon a signed
contract.
[Amended 7-22-2011]
[Amended 7-22-2011]
The Town shall have the power to cancel and
revoke any such permit for any material departure from the approved
application, plans and specifications, and also for any false statement
or misrepresentation as to any material fact relating to the erection,
construction, alteration, removal, demolition, use or occupancy of
such building or structure, or addition thereto.
[Amended 7-26-1980; 8-29-1981; 2-27-1998; 3-26-1999; 12-19-2003; 5-23-2008]
A. Any permit issued hereunder shall be valid for a period of 15 months
from the date such permit is granted; provided, however, that construction
has commenced within 30 days from the date of issuance and has continued
unabated except for delays caused by acts of God (catastrophic acts
beyond the control of the permit holder). Any such delays shall be
documented and submitted to the Town Manager and Building Official
for consideration of extension of the permit.
[Amended 5-3-2019]
B. Renewal of permits.
(1) Any permit originally issued for 15 months as stated in § 61-7A
(above) may be renewed upon the payment of a renewal fee in the amount
of 100% of the original permit fee for an additional period not to
exceed six months upon the approval of the Building Official.
[Amended 5-3-2019]
(2) The Town Manager and Building Official shall monitor the progress
of the work during this six-month renewal period to determine if the
permit holder has proceeded with good faith and due diligence.
[Amended 5-3-2019]
(3) Any extension of the permit beyond this six-month renewal period provided in Subsection
B(1) above must be approved or denied by a resolution of Town Council, who may consider recommendations from the Town Manager and Building Official, including the results of the monitoring established in Subsection
B(2) above. No additional extension or renewal will be granted by the Town Council unless all exterior work on a structure is complete, including, but not limited to, installation/construction of roof shingles, all walls, windows, siding, doors, decks and stairs.
[Amended 5-3-2019]
(4) If an extension or renewal is granted by Town Council:
(a)
The permit holder shall supply and adhere to
a schedule of completion presented to Town Council.
(b)
The permit fee shall remain 100% of the original
permit fee for a time period determined by Town Council.
(5) Violations of above conditions will result in a penalty
of $100 per day in addition to any other fine or penalty provided
herein.
C. Delays; time extensions. Any delays caused by an act
of God in the renewal period/periods shall be documented and presented
to Town Council for consideration of any time extensions.
D. Effect of failure to comply with time limits for construction
completion. Upon failure of a construction project completion by the
time limits established in this chapter, the following penalties will
apply to the permit holder and/or property owner:
(1) In the case of all permits and/or renewable or extended
permits, a penalty of $100 per day after the latest expiration date
on the permit.
(2) In the case of incomplete projects where no application
for renewal transpires, a penalty of $100 per day starting on the
day after the latest expiration date on the permit. Town Council may
further institute appropriate legal proceedings to abate and require
the removal of the incomplete project. In this event, the Town Council
shall be entitled to collect from the offending party or parties the
Town's reasonable attorneys fees, legal costs and necessary expenses.
E. Appeals of the interpretation of this chapter will
be made to the Town Council. The decision of the Town Council shall
be final.
[Amended 9-26-1986; 7-26-1996 by Ord. No. 77]
No permit required by this article shall be
issued until the payment of a fee, which fees are to be as set by
resolution of the Town Council and are available in the Town offices.
No permit required by this article shall be
issued if the owner of the property shall owe any unpaid taxes to
the Town.
[Added 2-25-1994; amended 7-22-2011]
The following data, all or in part, as appropriate,
shall be required before the issuance of a building permit:
A. A plot survey
by a registered engineer or registered land surveyor.
B. A survey
showing the elevation of the lot and crown of the road or a curb over
mean sea level.
C. A plot plan
showing the size of the building and/or all improvements and lot line
setbacks therefrom.
D. An elevation
drawing showing the height of the building from the crown of the road
or curb and the elevation of the first floor level.
F. A signed
statement of intent (State Highway Department and State Water and
Air Resource Commission).
G. A county
building permit.
H. The requirements of Chapter
88, Flood Damage Prevention, must be met.
I. A signed
waiver concerning flood insurance.
J. Where modification
of an existing building will increase the building's dimensions in
any direction, before and after outline drawings of the affected portions
of the building.
K. Construction
on the east side of Bunting Avenue must have a permit from the Shoreline
and Waterway Management Section of the DNREC.
[Added 8-26-1978]
No buildings or structures from outside the
Town limits of the Town of Fenwick Island other than new construction
shall hereafter be moved upon or erected on any land in the Town of
Fenwick Island. Existing buildings or structures within the Town of
Fenwick Island may be moved to other sites within the Town only if
approved by the Town Council. The rules of procedure for this action
are as follows:
A. An application for approval to move a building or
structure to a new site shall be submitted to the Town Council, accompanied
by a fee payable to the Town as set by resolution of Town Council,
which fee is available in the Town offices.
[Amended 7-26-1980; 8-29-1981; 7-26-1996 by Ord. No. 77]
B. An application for a building permit for the building or structure as planned on the proposed new site shall be submitted in accordance with all applicable ordinances, and the fee for the permit if the move is approved shall be in addition to the fee in Subsection
A above.
C. A public hearing by the Town Council shall be held
at the call of the President of the Council not less than 30 days
after notification by registered or certified mail of all affected
property owners in the area surrounding the proposed site to which
the building or structure is to be moved. For the purposes of this
article, affected property owners shall be considered, as a minimum,
the owners of the 12 closest lots surrounding the proposed site, including
lots across streets, avenues and lagoons. At least 15 days' notice
of the time and place for the hearing shall be published in an official
newspaper or newspaper of general circulation in the Town.
D. At the public hearing, the affected property owners,
all interested parties and citizens shall be heard, and responses
mailed in shall be read.
E. The Town Council shall make its determination for
approval or disapproval within a reasonable time.
[Amended 4-24-1987; 4-29-1988; 5-23-2008; 7-22-2011]
A violation of the provisions of this article,
or the failure to comply with any of its requirements, shall constitute
a misdemeanor, and said violation shall be a continuing one, in the
event that it occurs on more than one day. Upon conviction of any
single charge, which may encompass and include each day of violation
up to and including the date of conviction, a violator shall be subject
to a fine of $100 for each day the violation occurs. The owner or
tenant of any building, structure, premises or any part thereof, and
any architect, builder, contractor, agent for one of the aforenamed
persons or any other person who knowingly commits, furthers, participates
in, assists in, or maintains such violation may be separately convicted
and be subject to the same penalties provided herein. Nothing in this
section shall be construed to prevent or otherwise prohibit the prosecution
of the same violation occurring on a date subsequent to the conviction.
In addition, the Town may institute appropriate proceedings to restrain
or enjoin further construction in violation of this article and/or
proceedings to abate any violation, and to require the removal of
the violation. In this event, the Town shall be entitled to collect
from the offending party or parties the Town's reasonable legal fees
and court costs, as a part of any judgment or award in a civil action
brought to restrain or enjoin a violation. The civil remedies are
in addition to, and not in place of, the criminal penalty provided
herein.