[Amended 9-29-2020 by Ord. No. 20-7]
A. No building permit shall be issued, nor shall construction be authorized,
by the County on lands where a subdivision or land development plan
is required to be approved and/or recorded as provided herein until
the compliance with this chapter and other applicable provisions regarding
the use of any structure or land where a subdivision or land development
plan is required to be approved and/or recorded as provided herein
has been determined by the Department.
B. No building permit shall be issued until either all required improvements
have been installed, constructed, or placed for the lot in an acceptable
manner to the County or until the applicant or applicant files a performance
bond or other guarantee with the County for any incomplete private
street or other required improvements. For streets dedicated to public
use and intended for state maintenance, applicants shall provide proof
of surety filed with the Delaware Department of Transportation prior
to a building permit being issued. The bond or other guarantee shall
be in an amount and shall contain such terms and conditions as the
Director of Planning Services or designee, Director of Public Works,
and County Attorney may determine. The effective period of such bond
or other guarantee shall not expire until acceptance of the improvement
by Kent County.
C. At the request of the Delaware Department of Transportation, notes
may be placed on subdivision and land development plans providing
that building and/or occupancy permits may be withheld pending the
completion of specific off-site improvements.
D. The required amount of a bond or other guaranty of any applicant
or applicant exercising this option shall be 150% of the total estimated
cost of required improvements.
E. Other forms of surety will not be accepted without the approval of
the Director of Planning Services.