As used in this article, the following terms shall have the
meanings indicated:
CHIEF FINANCIAL OFFICER
The Chief Financial Officer employed by the Town Council
or, in his absence, the person employed as Acting Chief Financial
Officer.
COMMUNITY IMPROVEMENTS
Road repair, construction or augmentation, minor drainage
upgrades or other miscellaneous improvements related to safe and efficient
vehicular travel within the community, or other improvements designated
by the Town Engineer that will upon completion benefit or serve the
entire community.
HOA
Any homeowners’ association, property owners’
association or condominium association.
PARCEL
Any unit of real estate assessed by Ocean View and identified
by a Sussex or Ocean View Tax Map Number (including unit number, if
applicable), including but not limited to lots, townhouses, multifamily
units and/or condominium units.
PUBLIC ROADS
Roads dedicated to the public use that are to be maintained
by the Town of Ocean View or the Delaware Department of Transportation
(DelDOT).
TOWN COMMUNITY
Any organized community within Ocean View. To qualify for
the Town of Ocean View Street Improvement District, the community
shall meet the following criteria:
A.
Contain at least five separate and distinct property owners;
B.
Have streets that aggregate a minimum of 500 linear feet of
road surface or in the case of condominium or other type of individually
owned units of multi-unit buildings whose streets aggregate a minimum
of 300 feet of road surface;
C.
Be situated in such a way that in the opinion of the Town Engineer
the community is reasonably and economically capable of being improved
by the laying, repairing or completion of streets, minor drainage
upgrades and other miscellaneous community improvements as defined
in this section;
D.
Have direct access to a street or road, which is part of the
Ocean View Town-maintained road system or will be connected to the
Ocean View road when the project provided for in this article is complete;
and
E.
Have a legally established property owner’s association
or condominium association (HOA).
TOWN ENGINEER
The Town Engineer employed by the Town Council or his/her
authorized representative.
The Town Council may be petitioned for inclusion in the proposed Street Improvement District by the owners of parcels used for residential uses and that abut the roadway that is the subject of the proposed Street Improvement District. Each parcel, as defined in §
187-16, shall be entitled to one signature on the petition and one vote in the election, regardless of whether owned jointly, severally, by tenants-in-common, or by an artificial entity; provided, however, that each recorded lot that is buildable, as designated by the Town Administrative Official, shall be entitled to one signature on the petition and one vote in the election.
After the awarding of the contract or contracts, all work performed
under the contract or contracts shall be under the direct administration,
oversight and/or inspection of the Town Engineer or his/her authorized
representative.
In the event that street rights-of-way are inadequate or where
street rights-of-way are in question, the acquisition of necessary
rights-of-way for the community construction project may be assisted
by Ocean View, if in the opinion of the Town Council, it is necessary
and appropriate. In that case, the acquisition of such necessary street
rights-of-way shall follow the current practice of Ocean View in acquiring
property.
All roads and streets constructed pursuant to this article shall
be constructed in accordance with standards adopted by Ocean View
and shall be dedicated to the Town for the public use. Upon acceptance,
the roads and streets shall be maintained by the Town.
Front footage for every assessable lot, parcel, or building
unit shall be computed by the procedures enumerated:
A. Where
the parcel contains two or more recorded lots, the front footage measurement
for the parcel shall be the total of the front footage measurements
of each lot within the parcel; provided, however, that any recorded
lot that is buildable as designated by the Town Administrative Official,
shall be separately assessed.
B. A lot
or parcel in a street with one side only fronting the street shall
be assessed the total street footage.
C. A lot
or parcel on two or more streets shall be assessed 1/2 the total street
frontage of the lot or parcel.
D. A lot
or parcel is a lot or parcel fronting two or more streets when the
angle of the extended street center line is 135° or less, and
shall be assessed as a lot or parcel on two or more streets.
E. A lot
or parcel abutting water shall be assessed on the portion of the frontage
abutting the roadway.
F. A lot
or parcel on a cul-de-sac shall be assessed the total street footage.
G. Where
a lot or parcel configuration contains an arc, the length of the arc
shall be used as street footage measurements. When an arc forms a
lot or parcel corner, the center of the measured arc shall constitute
the corner.
H. When a
lot or parcel has a utility or drainage easement across it by any
public authority, the easement shall have no bearing on the assessment.
When a lot or parcel has a right-of-way across it for ingress or egress
by any public authority, the right-of-way shall be deducted from the
lot or parcel dimension.
I. In no
case shall a parcel or buildable lot be assessed less than a forty-front-foot
assessment or more than a one-hundred-front-foot assessment.
J. Those
lots or parcels designated as unbuildable by the Town Administrative
Official shall not be assessed.
K. Any lot
or parcel reduced in size by reason of acquisition by public authority
beyond that required by existing Land Use and Development Code for
a structure to be built shall not be assessed.
L. Notwithstanding the provisions of Subsections
A through
K of this section, computed front footage measurements for any lot, parcel or building unit may be adjusted as necessary to assure that each lot, parcel or building unit is assigned a reasonable assessment, in the opinion of the Town Manager, Town Administrative Official, and Chief Financial Official for its responsibility in retiring debt for the improvements installed or performed pursuant to this chapter.
M. In the
event of irregular lots or unusual circumstances, the front footage
shall be determined by the Town Engineer.