This chapter shall be known and may be cited as the "City of Lewes Subdivision and Land Development Ordinance."
The purpose of this chapter is to assure that sites are suitable for all development purposes, including residential, commercial, industrial, institutional and recreational, to assure that these sites are properly prepared for human habitation and to provide for the harmonious development of the City, for the coordination of existing streets with proposed streets, parks or other features of the City plan of streets and alleys, for adequate open areas for traffic, recreation, light and air and for proper distribution of population, thereby creating conditions favorable to the health, safety and general welfare of the City of Lewes, as set forth within the City's Comprehensive Plan and consistent with federal and state initiatives concerning the reasonable and prudent development applicable to municipalities of the size and character of Lewes.
This chapter shall apply to any lot or lots, tract or parcel of land created before or after the effective date of this chapter. Where existing provisions or other laws or ordinances are inconsistent or in conflict with the provisions of this chapter, the provisions of this chapter shall control. This chapter is not intended to impair or interfere with private restrictions placed upon property by deed or covenants running with the land. Where this chapter imposes a greater restriction upon land than is imposed or required by such existing provisions or law, ordinances, contract or deed, the provisions of this chapter shall have control.
Any tract, parcel, or lot of land which is intended to be or is or has been subject to any of the actions described herein shall be considered to be a subdivision or development within the meaning of this chapter.
A. 
No tract, parcel, or lot of land shall be divided, redivided, subdivided or resubdivided, by recorded plot, separation of ownership, lease, or other process into two or more tracts, parcels or lots, except in strict accordance with all provisions of this chapter and the regulations adopted hereunder.
B. 
No tract, parcel, lot or unit which is part of any major subdivision shall be transferred or sold by the developer or possession granted by the developer to any purchaser of a lot or unit prior to obtaining Council approval pursuant to this chapter. Any other transfer or sale of the whole or part of a major subdivision requires prior written notice to the Mayor and City Council.
C. 
No tract, parcel, lot, or unit which is part of any minor subdivision shall be sold, conveyed, or otherwise transferred until after the City Manager certifies, the plat plan pursuant to this chapter.
D. 
No building permit will be issued for any structure until an approved site development plan or approved amendment of any such plan has been secured by the applicant in accordance with Article V, the individual lot grading plan has been reviewed by the City Engineer, and other provisions of this chapter. No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan and the lot grading certificate has been reviewed by the City Engineer.
E. 
The provisions of this chapter shall not be applicable to any land which the City owns or for which the City is the lessee.
F. 
The applicant/developer is responsible for knowing, understanding, and complying with the requirements of this chapter, including all deadlines.
A. 
General. Words used in the singular include the plural, and words in the plural include the singular; the word "building" includes the word "structure"; "street" includes "roads and lanes"; and the word "watercourse" includes "drain," "ditch," "stream" and "swale."
B. 
Definitions. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSWAY
A right-of-way which provides common vehicular and pedestrian access to a property or properties extending from a street to a dead end.
ADEQUATELY SHIELDED
The attribute of a light source from which no direct glare is visible at normal viewing angles by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors as needed.
ALLEY
A strip of land on which there is a right-of-way, municipally or privately owned, on which no dwelling or stores front, serving as the rear entrance to two or more properties.
APPLICANT
Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to affect a subdivision of land or site plan hereunder.
APPLICATION FEE, DEVELOPMENT
A nonrefundable fee to be paid by an applicant for processing of a site development plan at the time of submission of an application. Application fees are defined on application forms.
APPLICATION FEE, SUBDIVISION
A nonrefundable fee to be paid by an applicant for approval of a land subdivision plot at the time of submission of a subdivision application. Application fees are defined on subdivision application forms.
APPLICATION, SUBDIVISION
An application to be submitted by an applicant desirous of obtaining approval of a land subdivision located within the City of Lewes.
APPLICATION, SUPPLEMENTAL
The materials that must be submitted as each deferred section of a subdivision is proposed for recording, applicable only in respect to a subdivision which is proposed for recording in sections or phases.
APPROVAL, COUNCIL
The approval by the Mayor and City Council after review and consideration of the Planning Commission's recommendation regarding a subdivision application or the Joint Site Development Ad-Hoc Review Committee's recommendation on a site plan application.
APPROVAL, PROVISIONAL
The approval by the Mayor and City Council of a conceptual plat plan showing a proposed major subdivision in its entirety, where a proposed major subdivision is to be developed and recorded in sections and phases.
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BOARD OF PUBLIC WORKS
The Board of Public Works of the City of Lewes, chartered by the State of Delaware. The Board of Public Works is also referred to herein as "BPW."
BUILDING
Any structure having a roof supported by columns or walls intended for the shelter, housing, or enclosure of any individual, animal, process equipment, goods, or materials of any kind.
BUILDING SETBACK LINE/FRONT
See "lot line."
CASING PIPE
Used in underground construction to protect utility lines of various types from getting damaged. Such damage might occur due to the elements of nature or human activity.
CITY COUNCIL
The Mayor and City Council of the City of Lewes, chartered by the State of Delaware. References herein to "Mayor and City Council" are intended to refer to the single governing body of the City of Lewes.
COMBINING OF LOTS, PARCEL CONSOLIDATION
Two or more lots of record which are combined by deed into one or more lots of record following review as defined in Article II, Minor Subdivision; Combining of Lots.
COMMENCEMENT OR STARTING OF CONSTRUCTION
The combining of labor and material into any portion of the property and installation of roads, parking, circulation, utilities, or structure on the site thereof.
CONCEPTUAL PLAT PLAN
A map, drawn to scale, describing a proposed subdivision, including but not limited to its topography, boundaries, setbacks, layout of lots, new and existing streets, easements, rights-of-way, open spaces, existing structures, names of owners of adjacent properties and utilities.
CONDITIONAL ACCEPTANCE
The preliminary acceptance of certain facilities by the Board of Public Works and the Mayor and City Council when all utility systems, streets, and transportation improvements have been installed, inspected, tested, and approved by the Board of Public Works, City of Lewes, Sussex County, or other appropriate agency.
CROSSWALK
A right-of-way, municipally or privately owned, with a minimum width of seven feet or more, which cuts across a street in order to improve pedestrian access to adjacent streets or properties.
CUL-DE-SAC
A residential street having one end open for public vehicular or pedestrian access and the other end terminated by a vehicular turnaround.
DEAD END or NO OUTLET STREET
A street that only has one ingress/egress point and does not provide for through traffic as part of the proposed development.
DEVELOPER
An individual, group of individuals, or corporation that intends to develop or subdivide a lot or piece or parcel of land, and has received the requisite approval to develop or subdivide a lot or piece or parcel of land. In the case of lots, pieces or parcels of land not located within the corporate limits of the City of Lewes, but which are to become a part of the City of Lewes, as provided in the statutes of the State of Delaware, the developer shall be the individual, group of individuals, or corporation designated by the majority of the owners of the said lots, pieces or parcels of land.
DEVELOPMENT
Improvement or construction, preparation for construction, including any overt physical action on a parcel, lot or tract of land, including but not limited to paving of roads or parking area, removal, demolition, site preparation, building construction/expansion, or increasing the intensity of use of a parcel, lot or tract of land. This term specifically includes projects denoted as "condominiums" or "cooperatives" but specifically excludes a single-family detached dwelling on an existing legal lot which has utilities available.
DWELLING
A building used as a place of residence, containing sleeping, cooking, and sanitary facilities, excluding commercial lodging facilities.
DWELLING UNIT
One or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT
A grant by a property owner to the City, the public, a corporation, a utility, or a person or persons of a right to the use of a strip of land.
ENGINEER OF THE BOARD OF PUBLIC WORKS (BPW)
A professional engineer registered by the Delaware Association of Professional Engineers appointed by the Board Members of the Board of Public Works.
ENGINEER OF THE CITY OF LEWES
A professional engineer registered by the Delaware Association of Professional Engineers appointed by the Mayor and City Council.
FINAL ACTION
The complete acceptance by the Mayor and City Council of improvements within a development intended to be conveyed to the City as part of the major subdivision process.
FULL CUTOFF
Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the highest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is "fully shielded."
FULLY SHIELDED
Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the highest light-emitting portion of the luminaire.
GLARE
Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, so as to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
GREEN SPACE
Open space maintained in a natural, undisturbed, or revegetated condition.
GREEN TECHNOLOGY STORMWATER MANAGEMENT PRACTICES (GTBMPs)
Relatively low impact systems and methods, described in § 170-30, that can be used, exclusively or in part, to manage stormwater runoff, while maximizing infiltration.
HEIGHT
The vertical distance of a building measured from a point where the center line of a building to be erected intersects with the center line of the street on which the building will face to the highest point of the highest roof.
HIGHWAY SPECIFICATION
Specifications for highway improvements of the City of Lewes or standard specifications of the Delaware Department of Transportation ("DelDOT"), latest edition.
IMPROVEMENT
Construction, modifications, and alterations completed as part of the subdivision process, including but not limited to grading, paving, curbing, street signs, electrical system to include streetlights, fire hydrants, water mains, natural gas lines, sanitary sewers, stormwater management system and other street improvements, including, but not limited to, where specified by the Mayor and City Council, sidewalks, crosswalks and off-street parking/paving.
IMPROVEMENT CONSTRUCTION PERMIT
A permit authorizing improvements to be constructed in accordance with the terms and conditions of approved construction plans and specifications.
INDIVIDUAL LOT GRADING PLAN
A lot grading plan prepared by a professional engineer, registered with the Delaware Association of Professional Engineers, conforming to the approved site development plan and/or the improvement construction plan submitted simultaneously with a building permit application for construction on a lot. An individual lot grading plan shall satisfy the following requirements:
(1) 
It must show compliance with a minimum 5% slope the first 10 feet from the dwelling or as required by building/residential codes and 1% beyond 10 feet to the drainage conveyance swale, street right-of-way drainage system, storm drain inlet, outfall, or stormwater best management practice (BMP) designed in accordance with Delaware Sediment and Stormwater Regulations and described in the Delaware Post Construction Stormwater BMP Standards and Specifications guide, as amended.
(2) 
It must show spot elevations delineating grade breaks at all property and right-of-way lines including finished grades at all lot and house corners.
(3) 
It must show first floor and slab elevations.
(4) 
If the lot is not part of an improvement construction plan, then it must show the lot graded such that all drainage flows to an existing conveyance system and must not negatively impact adjacent property owners.[1]
LEGAL REPRESENTATIVE
A member in good standing of the Delaware Bar.
LOT
A designated parcel, tract, or area of land established either by plat, subdivision, or considered as a unit of property by virtue of a metes and bounds description, to be separately owned, used, developed, or built upon.
(1) 
LOT, CORNERA lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
(2) 
LOT, FLAGA lot where access to the public road is by a private right-of-way or driveway.
(3) 
LOT, INTERIORA lot other than a corner lot.
(4) 
LOT LINEA line of record bounding a lot that divides one lot from another lot, a public street, or any other public space.
(a) 
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way.
(b) 
LOT LINE, REARThe line opposite and most distant from the front lot line.
(c) 
LOT LINE, SIDEAny lot line other than a front or rear lot line.
(5) 
LOT, THROUGHA lot that fronts on either two parallel streets or two streets that do not intersect at the boundaries of the lot, i.e., a corner lot; also called a "double-frontage lot."
170-6Lot through.tif
LOT COVERAGE
The percentage of a lot which is covered, or planned to be covered, with impervious surfaces. "Lot coverage" shall include off-street parking areas and driveways, but not public streets.
LOT DEPTH
The average distance measured from the front lot line to the rear lot line.
LOT FRONTAGE
The length of front lot line measured at the street right-of-way line.
LOT GRADING CERTIFICATE
A certification prepared by a land surveyor, registered with the State of Delaware Board of Professional Land Surveyors or by a professional engineer registered with the Delaware Association of Professional Engineers, that a lot, as graded, is in general conformity with the individual lot grading plan. A lot grading certificate shall include the following information:
(1) 
North arrow.
(2) 
Tax map and parcel number(s).
(3) 
Subdivision name and lot number.
(4) 
Property lines, lot dimensions, drainage easements, and adjacent right-of-way.
(5) 
The following items (elevations per NAVD 1988 datum):
(a) 
Elevations at four corners of the structure, and spot elevations indicated on the individual lot grading plan as applicable.
(b) 
Invert elevations of drainage structures receiving runoff from the lot.
(c) 
Top and bottom elevations of curb and gutter, where applicable.
(d) 
Driveway culvert pipe material, size, and invert elevations, where applicable.
(e) 
Immediately adjacent upstream and downstream driveway culverts, including invert elevations and pipe sizes, where applicable.
(f) 
Swale inverts along all property lines where swales are applicable.
(g) 
Detailed stormwater best management practice (BMP) as-built condition.
(6) 
Finished floor and slab elevations. Finished floor and slab elevations can be higher, but not lower, than what was approved on the individual lot grading plan.
(7) 
A description of any discrepancies or variations from the approved plans (including site plans, lot grading plan, construction plans or calculations, and specifications), and any approved revisions as a result thereof.
LOT WIDTH
The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line, i.e., the buildable width of a lot.
LUMEN
As used in the context of this chapter, the light-output rating of a lamp (light bulb).
LUMINAIRE
A complete lighting fixture assembly consisting of ballast or reactor, lamp(s), lamp holder, electrical components, light directing devices, shielding and lens or diffuser.
MAINTENANCE SURETY BOND or MAINTENANCE LETTER OF CREDIT
The bond or letter of credit that a developer must submit at the time of conditional acceptance to ensure proper maintenance of certain utilities and facilities during the period between conditional acceptance and final action.
OPEN AREAS
Land or water other than lots, streets and sidewalks set aside by the developer and so arranged as to permit ingress, egress, or passage, over and through the area.
OPEN SPACE
A portion of a development site that is permanently set aside for public or private use and will not be developed. Open space may be used as community open space or preserved as green space.
OPEN SPACE, COMMUNITY
The area of open space remaining after natural open space has been designated. The area may be used for passive or active recreation.
OPEN SPACE, PERMANENT
A parcel or parcels of land or an area of water, or a combination of land and water, which is permanently protected, by legal means, from development. "Permanent open space" may be public or common space or may be part of a private lot.
OPEN SPACE, USABLE
Area or areas, within the boundaries of a development that are designed, set aside and maintained for either active or passive recreation, or both, and are available and accessible for use and enjoyment by all residents of the development, or if designated for the general public.
PERFORMANCE GUARANTEE
The bond or letter of credit that a developer must submit at the time of Council approval to ensure proper completion of the improvement construction plan and planned amenities, whether required or offered voluntarily by the developer. The performance surety bond shall be released when conditional acceptance has been issued by the City and Board of Public Works, and the maintenance surety bond or letter of credit has been submitted.
PLAN OF STREETS
The City of Lewes's plan of streets, alleys, and rights-of-way, including those which have been or may be laid out but not opened, as indicated on the City of Lewes Zoning Map.
PLAN, AS-BUILT
A plan prepared by a professional engineer, registered with the Delaware Association of Professional Engineers, showing the actual location of all lots, streets, curbs, sidewalks, waterlines, sewer lines, laterals, stormwater management system, additional utilities, easements, and other required improvements. Information for location of utilities shall be supplied by the Board of Public Works of Lewes.
PLAN, IMPROVEMENT CONSTRUCTION
A plan prepared by a professional engineer, registered with the Delaware Association of Professional Engineers, showing the construction details of a proposed improvement in accordance with an approved subdivision site plan.
PLAN, SUBDIVISION PLOT
A properly certified plan, prepared by a land surveyor, registered with the State of Delaware Board of Professional Land Surveyors or by a professional engineer registered with the Delaware Association of Professional Engineers, prepared in accordance with the requirements of this chapter.
PLANNING COMMISSION
The Planning Commission of the City of Lewes.
PRELIMINARY REVIEW
The initial review process of a proposed major subdivision plan by the Planning Commission and City Council. Preliminary plan approval is a prerequisite for all major subdivision applications prior to developing a subdivision site plan and improvement construction plan.
REVERSE CURVE
An S-shaped curve (as in a roadway) made by joining two simple curves turning in opposite directions.
RIGHT-OF-WAY
The dedicated width of street, alley, accessway or crosswalk.
SANITARY SEWER SPECIFICATIONS
Sanitary sewer specifications of the Board of Public Works of the City of Lewes.
SCREEN, HIGH
A continuous planting of evergreen shrubs and/or trees, which shall reach a minimum height of height of six feet after five years' growth: placed adjacent to loading areas, transformers and around trash enclosures and storage buildings, when fencing or plain concrete masonry units are proposed.
SCREEN, LOW
A continuous planting of evergreen or dense deciduous shrubs, which shall reach a minimum height of three feet, after two years' growth; placed around the perimeters of all parking lots, or other similar vehicular use areas, and around trash enclosures or storage buildings, when decorative walls are proposed.
SCREEN, SITE ELEMENT
Dense plantings placed around paving, accessory structures, or utility for the purpose of providing year-round screening of the element from views within or off tract. Site element screens may be further described as "low," "high" or "yard," depending on their height and use.
SCREEN, YARD
A continuous evergreen planting, which shall reach a minimum height of height of six feet after five years' growth; in addition to the greater of either: one shade or ornamental tree per 50 feet of length of enclosure, or one tree per side of enclosure; placed around vehicular storage areas, that are not used as parking lots or sales areas, and around utility towers and equipment yards.
SIDEWALK
That portion of a street between the curb and adjacent property lines designed for the use of pedestrians, whether paved or not.
SIGHT DISTANCE
Distance available from a point is the actual distance along the road surface, over which a driver from a specified height above the carriage way has visibility of stationary or moving objects.
SITE DEVELOPMENT PLAN
A properly certified plan, prepared by a land surveyor registered with the State of Delaware Board of Professional Land Surveyors or by a professional engineer registered with the Delaware Association of Professional Engineers, describing how a property will appear if the proposed development application is approved, including detailed drawings of proposed improvements. A site development plan shall conform to the specific requirements outlined in this chapter.
SKETCH PLAN
An informal plan, not necessarily to exact scale, indicating topographic and other salient existing features of a tract and its surroundings and general layout of the proposed subdivision or land development.
STORMWATER MANAGEMENT SYSTEM
Specifications as per the Lewes Board of Public Works, the Sussex Conservation District, the State of Delaware Department of Natural Resources and Environmental Control, and/or any other state regulations for requirements.
STREET
A general term used to describe a right-of-way, state-, municipally or privately owned, designed to serve as a means of vehicular and pedestrian travel and furnishing access to abutting properties and space for sewers and public utilities.
(1) 
RESIDENTIAL (URBAN)A street used primarily as the principal means of access to adjacent residential properties.
(2) 
SECONDARYA street serving primarily as the principal means of transportation between neighborhoods or as a feeder road for through highways.
(3) 
MAIN THOROUGHFAREA street that serves, or is designed to serve, as a major artery for communication and transportation.
STRUCTURE
A combination of materials to form a construction for use, occupancy, or ornamentation, including but not limited to buildings, sheds, outbuildings, fences, storage tanks; signs; bulkheads; jetties; groins, whether installed on, above, or below the surface of land or water.
SUBDIVISION
The division or redivision into two or more parcels of land or lots or development of a tract or parcel of land for the purpose of transfer of ownership or leasehold, building construction or development, whether immediate or future or, if a new street is involved, any division or development of a tract or parcel of land. The term includes resubdivision, redivision and, when appropriate to the context, shall relate to the process of subdivision, development or to the land subdivided or developed.
SUBDIVISION SITE PLAN
A properly certified plan, prepared by a land surveyor registered with the State of Delaware Board of Professional Land Surveyors or by a professional engineer registered with the Delaware Association of Professional Engineers, describing how a property will appear if the major subdivision application is approved, including detailed drawings of proposed improvements. A subdivision site plan shall conform to the specific requirements outlined in this chapter.
SUBDIVISION, MAJOR
A subdivision of land involving a proposed new street or road, the extension of an existing street or road, addition of stormwater management devices, or the extension of any utilities.
SUBDIVISION, MINOR
Any subdivision of no more than five lots fronting on an existing street, not involving any new street or road, for which all improvement requirements under this chapter have previously been accomplished, and which is not in conflict with any provisions or portion of the Zoning Ordinance or this chapter, and not adversely affecting the development or subdivision of the remainder of the parcel or adjoining properties; or any subdivision or combining of lots requested for the purpose of creating a parcel for identification for purposes of zoning decisions or review under Chapter 197 or 170 and which shall be subject to the condition that such subdivision or combining of lots shall not become final until the Council approval of the plan as a whole pursuant to the applicable chapters by the Mayor and City Council.
SURFACE, IMPERVIOUS
A surface providing negligible infiltration such as pavement, buildings, recreational facilities (by example, but not by limitation, tennis courts, swimming pools) and covered driveways.
SURFACE, PERVIOUS
Any material that permits full or partial absorption of stormwater into previously unimproved land.
170-6Surface.tif
TRAFFIC OPERATIONAL ANALYSIS
The purpose of the traffic operational analysis is to identify impacts associated with a proposed development to the roadways and intersections within the impact area. Identification of impacts and appropriate mitigation measures allows the City to assess the existing and future roadway system's safety, performance, maintenance, and capacity needs. Based on traffic volumes, there are two traffic operational analysis levels:
(1) 
Traffic Operational Memorandum (TOM): required for a Subdivision Annual Average Daily Traffic Count (AADT) less than 250 trips and/or peak hour volume less than 50 trips; and
(2) 
Traffic Operational Study (TOS): required for a Subdivision AADT greater than or equal to 250 trips and/or peak hour volume greater than or equal to 50 trips.
TURNING LOOP
An often circular road segment at the end of a road that is used for turning around but with a nontraversable traffic island in the middle, which may be higher or lower than the surrounding roadway.
VERTICAL CURVE
The curve in a vertical alignment which is produced when two different gradients meet.
WARRANTY INSPECTION
Prior to the end of the one-year guarantee period, a warranty inspection will be scheduled by the City Engineer. The City Engineer, the City, BPW and the developer will inspect the project along with applicable contractors and other appropriate parties.
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a public water supply well, through which contaminants are reasonably likely to move toward and reach the well - as defined by the Lewes Board of Public Works.
[1]
Editor's Note: The former definition of "Joint Site Development Ad Hoc Review Committee (JSDRC)," which immediately followed, was repealed 7-10-2023.
A. 
Unusual conditions. Where an applicant shows that strict compliance with the requirements of this chapter would result in extraordinary hardship to the applicant or to the City's objectives, because of conditions which are not self-imposed by the applicant or conditions exist which would result in inhibiting the achievement of the objectives of these provisions, the Mayor and City Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter or be contrary to the goals and objectives of the Comprehensive Plan. In no instance shall a variance, modification, or waiver result in any conflict with the provisions of the adopted Major Thoroughfare Plans for Sussex County or the State of Delaware or Chapter 197, Zoning.
B. 
Modifications and waivers or the varying from the requirements of this chapter shall be granted only by the affirmative vote of a majority of all members of the City Council. In granting variances, modifications and waivers, the Mayor and City Council may require such conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified or waived. This section does not apply to the requirements of other public agencies.
C. 
A request for a variance, modification, and waiver under this section shall be filed with the City Planner and shall contain all of the information necessary to enable the City Planner and the Mayor and City Council to determine whether any modification, waiver or variance from the requirements of this chapter is necessary and that all applicable fees have been paid, said fees to be nonrefundable and in an amount set by the Mayor and City Council to cover costs. The City Planner shall forward such request first to the Planning Commission for review and recommendation to the Mayor and City Council.
D. 
Upon receiving the Planning Commission's recommendation, the Mayor and City Council shall fix a reasonable time for the hearing of the request, require public notice thereof, as well as due notice to interested parties, (in accordance with § 170-9B and C) and decide the same within a reasonable time period. At the hearing, any party may appear in person, by agent, or by attorney.
A. 
It shall be the duty of the Building Official to enforce the provisions of this chapter and to refuse to issue any permit for any structure or other use of any premises which would violate any of the provisions of said chapter. It shall be the duty of all officers and employees of the City to assist the enforcing officer by reporting to him any seeming violation.
B. 
In case any structure is erected, constructed, reconstructed, altered, repaired or converted, or any structure or land is used, in violation of this chapter, the Building Official is authorized and directed to institute any appropriate action to put an end to such violation.
C. 
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $25 nor more than $500, plus court costs, Victim Compensation Fund assessments and the City's reasonable attorneys' fees. Each day that a violation of any of the provisions of this chapter continues shall be deemed and taken to be a separate and distinct violation.
A. 
Notice of application for a subdivision or development shall, in addition to any other requirements in this chapter, be posted on the property that is the subject of the pending application. Such notice shall be posted at least 15 calendar days' prior to the date of the meeting at which the application is scheduled as an agenda item. Upon request of the applicant, the City Manager or his/her designee shall provide notice by causing a sign to be posted which satisfies the following requirements:
(1) 
Eighteen inches by 24 inches, yellow or other visible color background.
(2) 
In a prominent and easily visible location.
(3) 
Day, date, time, and place of meeting/public hearing.
(4) 
Statement in plain language of the action requested or a drawing of the proposed subdivision.
(5) 
Name of applicant.
(6) 
Such notice may not be removed before action by the Mayor and City Council for any minor subdivision and until after the public hearing by the Mayor and City Council for any major subdivision, or site plan review.
B. 
Mailed notification for a subdivision or site plan - The applicant shall notify, by certified mail with return receipt requested, the property owners certified by the applicant to be the property owners within 200 feet of the boundaries of the property which is the subject of the subdivision or site plan application, that such application is being filed with the City, and the applicant shall provide proof of the notification to the City Planner at least 15 calendar days' prior to the scheduled public meeting or hearing.
C. 
Notice of public meetings or hearings - The City Planner shall notify the owner and/or applicant of the time and place of the public meeting or hearing. Notice of the time and place of the public meeting or hearing shall be published in a paper of general circulation by the applicant at least 15 calendar days' prior to the time and date of the hearing.
A. 
Prior to the submission of a subdivision plan, the applicant or their representative shall meet in person with the City Planner to review a sketch plan and discuss application requirements. A preapplication meeting is compulsory for a major subdivision application, could be required for a minor subdivision upon initial review by the City Planner or can be conducted for any subdivision application at the request of an applicant. The purpose of the preapplication meeting is to discuss the proposed subdivision application process, to verify the subdivision type (minor or major), and review initial submittal steps (application requirements, public notification, timeframes, and fees) to coordinate activities. The City Planner shall provide the applicant with a copy of the subdivision plan application form, which identifies plan submittal and required plan contents.
B. 
When an application is filed with the City Planner for the subdivision of a lot, parcel, or tract of land, and it is shown by a report of the Board of Public Works that all improvement requirements under this chapter have previously been accomplished, the City Planner may designate the lot, parcel, or tract of land in question as a minor subdivision and so notify the applicant.
C. 
Any subdivision that is not a minor subdivision shall be considered a major subdivision.
D. 
The applicant shall pay all costs and fees incurred by the City, or as established by the City, for such review and any subsequent recordation.
Upon application and upon a showing that there has been full compliance with this chapter, Chapter 70, Building Code, Chapter 197, Zoning, and all other applicable ordinances of the City of Lewes and the laws of the State of Delaware, the Building Official of the City of Lewes shall issue a certificate of occupancy to the developer or owner for any dwelling unit, buildings, or structures, provided proper approval by Mayor and City Council for subdivision or a site development plan has been granted.
A. 
No dwelling unit, building or structure located on land subdivided per this chapter shall be occupied or used, wholly or partially, until a certificate of occupancy has been issued therefor.
B. 
No dwelling unit, building or structure located on land subdivided per this chapter shall be conveyed, and no possession of such dwelling unit, building or structure shall be transferred, until a certificate of occupancy shall have been issued.
Concerning areas located outside of the City limits, annexation shall be completed prior to the submission of a subdivision application under this chapter.