[Adopted 8-26-1972 by Ord. No. 38]
No building or structure, or any parts thereof,
in the Town of Fenwick Island, Delaware, shall hereafter be erected,
constructed, added to, altered, repaired, removed or demolished except
in conformity with the provisions of this article.
[1]
Editor's Note: Former § 61-13, Regulations for utility company cuts in roads, added 8-28-1982, as amended 4-24-1987, 4-29-1988 and 4-29-1988 and 4-28-1989, was repealed 2-26-1999. For current provisions, see Article III, Utility Construction. In addition, the ordinance adopted 2-26-1999 redesignated former §§ 61-14 through 61-17 as §§ 61-13 through 61-16, respectively.
[Amended 7-31-1987; 11-15-2003; 3-4-2022]
A.
Hours of construction. No construction shall be carried
on between the hours of 6:00 p.m., prevailing time, and 8:00 a.m.,
of the following morning, prevailing time. No construction shall take
place on any Sunday or the following specified holidays or dates:
January 1 - New Year's Day; Memorial Day; July 4; Labor Day; Thanksgiving
Day; Christmas Day; and any Saturday from May 15 to September 15,
inclusive, of any year, except as certified, in writing, by the Town
Council of the Town of Fenwick Island as necessary to protect public
property. Nothing contained herein shall prevent any homeowner from
working within his own property boundaries, provided that such work
is done by himself. Such privilege does not convey the right to violate
any provisions of the Zoning and/or Building Construction Code, nor
is it to be construed as exempting any such property owner from obtaining
a permit and paying the required fees therefor.
[Amended 3-4-2022; 5-26-2023]
B.
Pile driving. Installation of piling by mechanical
driving is prohibited from June 1 to August 31, inclusive, of any
year, except as certified, in writing, by the Town Council of the
Town of Fenwick Island as necessary to protect public property.
C.
Construction, definition. As used in this chapter, "construction"
shall mean any activity, relating to, but not limited to, operating
or permitting the operation of any tools or equipment in connection
with the erection, addition, repair, removal, fabrication, installation,
alteration, excavation or demolition of any structure, facility or
addition thereto. Construction activity extends to site preparation,
earthmoving, blasting, drilling, deliveries, portable toilet maintenance,
dumpster delivery/emptying, and loading and unloading from construction
vehicles.
[Added 5-26-2023]
[Added 9-29-1995]
A.
All construction trash materials are to be contained
in dumpster or container.
B.
All mud and debris are to be cleared from streets,
rights-of-way and neighboring properties due to construction.
C.
Contractors are to provide toilet facilities, if none
available.
[Added 8-28-1998]
A.
Primary contractors shall be liable for the cost of
damage to the Town's right-of-way caused by the primary contractor,
subcontractors or by delivery vehicles of construction materials,
equipment, trash collection containers and the like. Contractors who
are judged by the Building Official and/or the Public Works Department
to be causing or to have caused or allowed to be caused such damage
(including paved streets and unpaved shoulders) shall be liable for
the cost of repairing such damage.
B.
Repair of damages to the paved street portion of a
right-of-way shall be completed by the Town according to established
specifications using a contractor from its established list of contractors
and according to a timetable determined by the Public Works Department.
Repair of damages to the unpaved portion of the right-of-way (including
but not limited to shoulders, swales and drainage systems) shall be
the responsibility of the primary contractor who causes or allowed
to be caused said damage and who shall restore the right-of-way to
its original condition as specified by the Public Works Department.
C.
The fees charged to contractors for such repairs to
the paved streets will be according to the most recent published Street
Repair Fee Schedule to be predetermined by the Public Works Department.
Payment of such fees by contractors to the Town will be due immediately
upon the issuance of a statement by the Town.
D.
Contractors shall acknowledge by signature, as a condition
for receiving their annual license from the Town, their acceptance
of liability of the cost of repairing such damage and the Town's published
Street Repair Fee Schedule thereto.
E.
Contractors who are causing or have caused such damage
or who fail to pay repair fees immediately or fail to do restoration
work immediately will be subject to a stop-work order, revocation
of license, court proceedings and/or penalties and fines.
[Added 7-22-2011[1]]
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.
