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.
ACCESSWAY
ADEQUATELY SHIELDED
ALLEY
APPLICANT
APPLICATION FEE, DEVELOPMENT
APPLICATION FEE, SUBDIVISION
APPLICATION, SUBDIVISION
APPLICATION, SUPPLEMENTAL
APPROVAL, COUNCIL
APPROVAL, PROVISIONAL
BLOCK
BOARD OF PUBLIC WORKS
BUILDING
BUILDING SETBACK LINE/FRONT
CASING PIPE
CITY COUNCIL
COMBINING OF LOTS, PARCEL CONSOLIDATION
COMMENCEMENT OR STARTING OF CONSTRUCTION
CONCEPTUAL PLAT PLAN
CONDITIONAL ACCEPTANCE
CROSSWALK
CUL-DE-SAC
DEAD END or NO OUTLET STREET
DEVELOPER
DEVELOPMENT
DWELLING
DWELLING UNIT
EASEMENT
ENGINEER OF THE BOARD OF PUBLIC WORKS (BPW)
ENGINEER OF THE CITY OF LEWES
FINAL ACTION
FULL CUTOFF
FULLY SHIELDED
GLARE
GREEN SPACE
GREEN TECHNOLOGY STORMWATER MANAGEMENT PRACTICES (GTBMPs)
HEIGHT
HIGHWAY SPECIFICATION
IMPROVEMENT
IMPROVEMENT CONSTRUCTION PERMIT
INDIVIDUAL LOT GRADING PLAN
(1)
(2)
(3)
(4)
LEGAL REPRESENTATIVE
LOT
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(5)
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT GRADING CERTIFICATE
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(6)
(7)
LOT WIDTH
LUMEN
LUMINAIRE
MAINTENANCE SURETY BOND or MAINTENANCE LETTER OF CREDIT
OPEN AREAS
OPEN SPACE
OPEN SPACE, COMMUNITY
OPEN SPACE, PERMANENT
OPEN SPACE, USABLE
PERFORMANCE GUARANTEE
PLAN OF STREETS
PLAN, AS-BUILT
PLAN, IMPROVEMENT CONSTRUCTION
PLAN, SUBDIVISION PLOT
PLANNING COMMISSION
PRELIMINARY REVIEW
REVERSE CURVE
RIGHT-OF-WAY
SANITARY SEWER SPECIFICATIONS
SCREEN, HIGH
SCREEN, LOW
SCREEN, SITE ELEMENT
SCREEN, YARD
SIDEWALK
SIGHT DISTANCE
SITE DEVELOPMENT PLAN
SKETCH PLAN
STORMWATER MANAGEMENT SYSTEM
STREET
(1)
(2)
(3)
STRUCTURE
SUBDIVISION
SUBDIVISION SITE PLAN
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SURFACE, IMPERVIOUS
SURFACE, PERVIOUS
TRAFFIC OPERATIONAL ANALYSIS
(1)
(2)
TURNING LOOP
VERTICAL CURVE
WARRANTY INSPECTION
WELLHEAD PROTECTION AREA
Definitions. Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
A right-of-way which provides common vehicular and pedestrian
access to a property or properties extending from a street to a dead
end.
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.
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.
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.
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.
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.
An application to be submitted by an applicant desirous of
obtaining approval of a land subdivision located within the City of
Lewes.
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.
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.
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.
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.
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."
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.
See "lot line."
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.
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.
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.
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.
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.
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.
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.
A residential street having one end open for public vehicular
or pedestrian access and the other end terminated by a vehicular turnaround.
A street that only has one ingress/egress point and does
not provide for through traffic as part of the proposed development.
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.
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.
A building used as a place of residence, containing sleeping,
cooking, and sanitary facilities, excluding commercial lodging facilities.
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.
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.
A professional engineer registered by the Delaware Association
of Professional Engineers appointed by the Board Members of the Board
of Public Works.
A professional engineer registered by the Delaware Association
of Professional Engineers appointed by the Mayor and City Council.
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.
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."
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.
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.
Open space maintained in a natural, undisturbed, or revegetated
condition.
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.
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.
Specifications for highway improvements of the City of Lewes
or standard specifications of the Delaware Department of Transportation
("DelDOT"), latest edition.
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.
A permit authorizing improvements to be constructed in accordance
with the terms and conditions of approved construction plans and specifications.
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:
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.
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.
It must show first floor and slab elevations.
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]
A member in good standing of the Delaware Bar.
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.
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°.
LOT, FLAGA lot where access to the public road is by a private right-of-way or driveway.
LOT, INTERIORA lot other than a corner lot.
LOT LINEA line of record bounding a lot that divides one lot from another lot, a public street, or any other public space.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way.
LOT LINE, REARThe line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
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."
 |
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.
The average distance measured from the front lot line to
the rear lot line.
The length of front lot line measured at the street right-of-way
line.
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:
North arrow.
Tax map and parcel number(s).
Subdivision name and lot number.
Property lines, lot dimensions, drainage easements, and adjacent
right-of-way.
The following items (elevations per NAVD 1988 datum):
Elevations at four corners of the structure, and spot elevations
indicated on the individual lot grading plan as applicable.
Invert elevations of drainage structures receiving runoff from
the lot.
Top and bottom elevations of curb and gutter, where applicable.
Driveway culvert pipe material, size, and invert elevations,
where applicable.
Immediately adjacent upstream and downstream driveway culverts,
including invert elevations and pipe sizes, where applicable.
Swale inverts along all property lines where swales are applicable.
Detailed stormwater best management practice (BMP) as-built
condition.
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.
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.
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.
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
A complete lighting fixture assembly consisting of ballast
or reactor, lamp(s), lamp holder, electrical components, light directing
devices, shielding and lens or diffuser.
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.
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.
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.
The area of open space remaining after natural open space
has been designated. The area may be used for passive or active recreation.
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.
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.
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.
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.
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.
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.
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.
The Planning Commission of the City of Lewes.
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.
An S-shaped curve (as in a roadway) made by joining two simple
curves turning in opposite directions.
The dedicated width of street, alley, accessway or crosswalk.
Sanitary sewer specifications of the Board of Public Works
of the City of Lewes.
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.
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.
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.
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.
That portion of a street between the curb and adjacent property
lines designed for the use of pedestrians, whether paved or not.
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.
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.
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.
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.
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.
RESIDENTIAL (URBAN)A street used primarily as the principal means of access to adjacent residential properties.
SECONDARYA street serving primarily as the principal means of transportation between neighborhoods or as a feeder road for through highways.
MAIN THOROUGHFAREA street that serves, or is designed to serve, as a major artery for communication and transportation.
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.
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.
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.
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.
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.
A surface providing negligible infiltration such as pavement,
buildings, recreational facilities (by example, but not by limitation,
tennis courts, swimming pools) and covered driveways.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
 |
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:
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
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.
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.
The curve in a vertical alignment which is produced when
two different gradients meet.
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.
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.
