A.
The regulations, restrictions, boundaries and provisions
of this chapter may from time to time be amended, supplemented, changed,
modified or repealed.
B.
Any such amendment may be initiated by resolution
of the Mayor and Town Council or by petition of any property owner
addressed to the Mayor and Town Council. A petition for a change or
amendment by a property owner addressed to the Mayor and Town Council
shall contain the following information:
(1)
A description of the property.
(2)
A recent survey plot of the property.
(3)
A statement of the change requested and grounds in
support thereof.
(4)
A petition fee payable to the Mayor and Town Council
in an amount established by the Mayor and Town Council.
(5)
A certified list of all property owners within 100
feet of the property which is the subject matter of the petition.
(6)
The signature of the property owner.
C.
Upon receipt of a petition from a property owner, pursuant to Subsection B, seeking a change or amendment, or upon receipt of a resolution of the Mayor and Council seeking to amend, supplement or change, the Town shall cause to be published in a paper of general circulation in the municipality a notice of the time and place of a public hearing before the Mayor and Council to consider such change, setting forth the nature of the change sought. The Town shall notify, by First Class Mail, the property owners, certified by the petitioner to be the property owners within 100 feet of the boundaries of the property which is the subject matter of the petition, of the time and date for the hearing on the proposed change or amendment by sending such property owners a copy of the notice that is published in a paper of general circulation. Such notice to property owners within 100 feet of the property which may be affected by the petition and newspaper notice shall be sent and published at least 15 days prior to the time and date of the hearing.
D.
In case, however, of a protest against such changes
signed by the owners of 20% or more either of the area of the lots
included in such proposed change, or those immediately adjacent thereto
extending 100 feet therefrom, or those directly opposite thereto,
extended 100 feet from the street frontage of such opposite lots,
such amendments shall not become effective except by the favorable
vote of 3/4 of all the members of the Town Council of the Town of
Selbyville.
E.
Whenever a petition requesting an amendment, supplement
or change has been denied by the Mayor and Council, such petition,
or one substantially similar, shall not be reconsidered sooner than
one year after the previous denial. Whenever a petition requesting
an amendment, supplement or change has been granted by the Mayor and
Council, the amendment shall become void unless the applicant shall
have commenced within one year after the adoption of the amendment
with development of the property, and the zoning shall revert to the
same zoning as it was prior to the adoption of the amendment.
F.
The procedures for submitting requests for changes
or amendments provided herein shall be in addition to the provisions
set forth in 22 Del. C. §§ 304 and 305.
G.
Notice of the adoption of any amendment, supplement
or change shall be published in a newspaper of general circulation
in the Town of Selbyville.
A.
The office of Building Inspector of the Town of Selbyville
is hereby created and the same shall be filled by a competent person
appointed by the Mayor of the Town of Selbyville and confirmed by
a majority vote of all the elected members of the Town Council of
the Town of Selbyville for such term and at such salary or remuneration
as the Town Council of Selbyville shall determine. Vacancies in said
office shall likewise be filled by appointment by the Mayor of the
Town of Selbyville and confirmed by a majority vote of all the elected
members of the Town Council of the Town of Selbyville. The Mayor may
appoint a Deputy Building Inspector who shall be confirmed by a majority
vote of all the elected members of the Town Council of the Town of
Selbyville and shall meet the requirements and have the authority
of Building Inspector as set out in this article.
[Amended 3-9-1998 by Ord. No. 78-A2]
B.
The person appointed to fill the office of Building
Inspector of the Town of Selbyville shall be known as the "Building
Inspector." Such person shall be above the age of 21 years, of good
character, a graduate of high school or an accredited preparatory
school and shall have a thorough knowledge of the trades of building
construction and carpentry.
C.
It shall be the duty of the Building Inspector and
he is hereby given the power and authority to enforce the provisions
of this chapter.
D.
The Building Inspector shall require that an application
for a building or alterations permit and the accompanying plot shall
contain all the information necessary to enable him to ascertain whether
the proposed building complies with the provisions of this chapter
and that all applicable fees have been paid. In addition to other
necessary data, the plot plan shall show at a minimum the location
of all existing buildings on abutting land within 50 feet of the side
and rear of the lines of the premises of the applicant.
E.
A fee for issuance of said permit will be charged
which shall be established by the Mayor and Town Council.
F.
No permits shall be issued until the Building Inspector
has certified that the proposed building or alteration complies with
all the provisions of this chapter.
G.
No vacant land shall be occupied or used until a certificate
of compliance shall have been issued by the Building Inspector.
H.
No permit for excavation for any building shall be
issued before application has been made to the Building Inspector.
I.
It shall be unlawful for any person to commence work
for the erection or alteration of any building until a permit has
been duly issued therefor and the fee, as established, paid, upon
receipt of which a suitable placard will be issued, to be prominently
displayed while building or alterations are in process.
J.
The Board of Adjustment may grant a temporary permit
for building incidental to housing or construction projects conducted
on the same premises, provided that the owner agrees to remove any
such structure upon expiration of the permit.
K.
It shall be unlawful to use or permit the use of any
structure or part thereof, hereafter erected, altered, converted or
enlarged wholly or in part, until a certificate of occupancy and a
certificate of compliance, applied for at the time of application
for a building permit, shall have been issued by the Building Inspector.
Such certificate of occupancy shall show that such structure, or part
of a structure, and such certificate of compliance shall show that
the proposed use thereof conform to the requirements of this chapter.
It shall be the duty of the Building Inspector to issue a certificate
of occupancy and/or certificate of compliance only when he is satisfied
that the structure, or part of a structure, and the proposed use thereof
conform to this chapter and all other applicable codes and ordinances
of the Town. Such occupancy permits shall be granted or denied in
writing within 10 days from the date that a written notification or
written request is filed with the Building Inspector that the erection
of the structure is completed or the use is in compliance with this
chapter unless additional time is agreed upon by the applicant in
writing. Upon notice from the Building Official that work on any building
or structure is being done contrary to the provisions of this chapter,
such work shall be immediately stopped. Such notice shall be in writing
and shall be given to the owner of the property or to his agent or
to the person doing the work and shall state the conditions under
which work may be resumed. Where an emergency exists, no written notice
shall be required to be given by the Building Inspector. In addition,
the Building Inspector may revoke a permit or approval issued under
the provisions of this chapter in case there has been any false statement
or misrepresentation as to a material fact in the application or plans
on which the permit or approval was based.
[Amended 5-4-1998 by Ord. No. 78-A3]
L.
Should the Building Inspector decline to issue or
revoke a certificate of occupancy or certificate of compliance, his
reasons for doing so shall be so stated on two copies of the application
and one copy returned to the applicant.
[Amended 5-4-1998 by Ord. No. 78-A3]
M.
On the serving of notice of any violation of any of
the provisions or requirements of this chapter with respect to any
structure or use thereof or of land as provided in this chapter, a
certificate of occupancy and/or certificate of compliance shall be
required for any further use of such structure or land.
[Amended 5-4-1998 by Ord. No. 78-A3]
N.
A monthly report of the certificates of occupancy
and certificates of compliance shall be filed with the Tax Assessor.
A record of all certificates of occupancy and certificates of compliance
shall be kept in the Town Hall and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the structure
or land affected. The charge for each copy shall be set by the Mayor
and Council, except that there shall be no charge to a municipal agency.
O.
Nothing contained in this chapter shall be construed
or considered as requiring any person to make application for or obtain
a permit in order for such person to make usual and necessary repairs
to any existing building or structure within the limits of the Town
of Selbyville, except as otherwise provided in this chapter; provided,
however, that the words "usual and necessary repairs" shall not be
construed or considered to include any addition to or structural change
or alteration in, any such existing building or structure, nor the
reconstruction of any such existing building or structure which may
be destroyed in whole or in part by fire, storm or other catastrophe.
A.
Failure to secure a building permit or certificate
from the Board of Adjustment, when required, previous to the erection,
construction, extension or addition to a building, or failure to secure
a certificate of occupancy or certificate of compliance shall be a
violation of this chapter.
B.
For any other violation of any provision of this chapter,
the owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist, and the lessee or
tenant of an entire building or entire premises where such violation
has been committed or shall exist, and the owner, general agent, contractor,
lessee or tenant of any part of a building or premises in which such
violation has been committed or shall exist, and the general agent,
architect, builder, contractor or any other person who knowingly commits,
takes part or assists in any such violation or who maintains any buildings
or premises in which any such violation shall exist, shall be liable
upon conviction thereof for a fine or penalty not less than $50 nor
more than $100, or imprisoned for not more than 30 days, or both,
for each and every offense and shall pay the costs of prosecution,
including the Town's reasonable attorney's fees and Victim's Compensation
Fund assessment.[1]
C.
For the purposes of this chapter, whenever such person
shall have been notified by the Building Inspector or by service of
a warrant in a prosecution or in any other way that he is committing
such violation of this chapter, each day that such violation continues
shall be deemed a separate offense punishable by like fine or penalty.
D.
Any building or portion thereof or part of foundation
wall hereafter erected or placed upon any lot or premises within the
Town of Selbyville in violation of the provisions of this chapter
is hereby declared to be a common and public nuisance and may be abated
in the same manner provided by the Charter of the Town of Selbyville
for the abatement of any other nuisance in addition to the provisions
of this chapter.
E.
In case any building or structure is erected, constructed,
reconstructed, altered or repaired, converted or maintained, or any
building, structure or land is used in violation of this chapter or
any regulation made pursuant thereto, in addition to any other remedy
provided by law, an appropriate action or proceeding, whether by legal
process or otherwise, may be instituted or taken to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct, abate such violation to
prevent the occupancy of such building, structure or land or to prevent
any illegal act, conduct, business or use in and about such premises.
A.
For the purpose of assuring a good arrangement and
appearance and ensuring harmony with the Comprehensive Plan, whenever
required by this chapter, site plans shall be subject to review by
the Planning and Zoning Commission and the Town Council.
B.
A preliminary site plan shall be submitted to the
Building Inspector, who shall review the plans for compliance with
these regulations and the requirements for preliminary site plans
and shall transmit said plans to the Planning and Zoning Commission
with his comments for review at the next regular meeting of the Planning
and Zoning Commission if the plans are submitted 20 days prior to
said meeting. The number of copies of the plan to be submitted shall
be determined by the Building Inspector.
C.
If the Building Inspector determines that the proposed
development may have substantial impact on the physical, economic
or social environment or may require a more detailed technical review,
he may submit the preliminary plan to a Technical Advisory Committee
established by the Planning and Zoning Commission Chairman for review
and comment prior to submission to the Planning and Zoning Commission.
D.
The Planning and Zoning Commission shall examine the
proposed development or site plan with respect to the traffic and
circulation patterns, internal and external, utilities, drainage and
community facilities, existing or proposed, surrounding development,
existing or future, the preservation of trees or historic sites, provision
for open space and, in general, with the objective of ensuring a durable,
harmonious and appropriate use of the land in accord with the objectives
of the Comprehensive Plan. No public hearing shall be required, and
the plans shall be returned to the applicant within 10 working days
following the meeting as approved, approved subject to conditions
or disapproved. If specified conditions are met in revised plans,
the Building Inspector may approve issuance of building permits in
accord with the revision without returning the plans for further Planning
and Zoning Commission review. The Building Inspector may approve minor
changes in site plans approved by the Planning and Zoning Commission
and approve issuance of zoning permits accordingly if, in his opinion,
such changes do not substantially affect the original approval of
conditions attached thereto.
E.
Nothing in this section shall be interpreted to permit
the granting of a variance or exception to the regulations of this
chapter or to abridge the procedures or requirements of the laws and
ordinances governing the subdivision of land.
A.
The preliminary site plan shall show the North point,
scale and date.
B.
The preliminary site plan shall show the following:
(1)
Plans shall show the seal and signature of a registered
Delaware land surveyor, engineer or landscape architect, and all drawings
shall be on sheets no larger than 24 inches by 36 inches and at a
scale of not more than 100 feet to one inch.
(2)
The proposed title of the project.
(3)
Geographical location, showing existing zoning district
boundaries.
(4)
Proposed changes in zoning, if any.
(5)
Topographic contours at one-foot intervals, unless
waived by the Commission as clearly unnecessary to review the project
or proposal.
(6)
The location and nature of all proposed construction,
excavation or grading, including but not limited to buildings, streets
and utilities.
(7)
The boundaries of the property involved, county and
municipal boundaries, the general location of all existing easements,
and property lines, existing streets, buildings or waterways, and
other existing physical features in or adjoining the project.
(8)
Net development area.
(9)
The approximate location and sizes of sanitary and
storm sewers, water mains, culverts and underground structures in
or near the project.
(10)
The approximate number of dwelling units to
be included in each type of housing; single-family dwellings, two-family
dwellings, townhouses and apartments.
(11)
Proposed buildings and structures, with dimensions,
setbacks and heights designated.
(12)
The approximate location and size of nonresidential
areas, if any, including parking areas, loading areas or other.
(13)
The approximate location and size of recreational
areas, if any.
(14)
The approximate location of point of ingress
and egress to existing public highways and streets.
(15)
The number of construction phases proposed,
if any, with the plot showing the approximate boundaries of each phase
and the proposed completion date of each phase.
(16)
Location with respect to each other and to lot
lines and approximate height of all proposed building and structures,
accessory and main, of major excavations. The location should be drawn
to scale but full dimensioning is not required on the preliminary
plan.
(17)
Preliminary plans and elevations of the several
dwelling types and other buildings, as may be necessary.
(18)
General location, height and material of all
fences, walls, screen planning and landscaping.
(19)
General location, character, size, height and
orientation of proposed signs.
(20)
A tabulation of total number of acres in the
project gross or net as required in the regulations governing the
district in which the project is located, and the percentage thereof
proposed to be devoted to the several dwelling types, commercial uses,
other nonresidential uses, off-street parking, streets, parks, schools
and other reservations.
(21)
A tabulation of the total number of dwelling
units of various types in the project and overall density and dwelling
units per acre, gross or net as required by the regulations in the
district in which the project is located.
(22)
The location of all wetlands (both state and
federal).
(23)
The location of the one-hundred-year floodplains
based on current Flood Insurance Rate Maps.
C.
The Planning and Zoning Commission may establish additional
requirements for preliminary site plans, and in special cases, may
waive a particular requirement if, in its opinion, the inclusion of
that requirement is not essential to a proper decision on the subject.
The final plat shall contain all the features shown on the preliminary
site plan with sufficiently adequate dimensions and construction specifications
to support the issuing of construction permits.
A.
The final site plan shall comply with all existing
laws, regulations and ordinances governing zoning and the approval
of subdivisions and provide sufficiently accurate dimensions and construction
specifications to provide the data necessary for the issuance of construction
permits. The final site plan shall show the North point, scale and
date. The scale shall be as specified in the preliminary site plan
requirements.
B.
The final site plan shall show the following:
(1)
The proposed title of the project and the seal and
signature of the engineer, architect or landscape architect and the
name and address of the developer.
(2)
The geographical location, showing the existing zoning
district and boundaries; the boundaries of the property involved,
the location of all existing easements and property lines, existing
streets, buildings or waterways and other existing physical features
in the project and the location and sizes of sanitary and storm sewers,
water mains, culverts and other underground structures in or near
the project.
(3)
The net development area.
(4)
The number of dwelling units to be included in each
type of housing; single-family dwellings, two-family dwellings, townhouses,
apartments.
(5)
The location and character of construction of proposed
streets, alleys, driveways, curb cuts, entrances and exits, parking
and loading areas, including numbers of parking and loading spaces,
outdoor lighting systems, storm drainage and sanitary facilities.
(6)
The location of proposed lots, setback lines and easements
and proposed reservations for parks, parkways, playgrounds, school
sites and open spaces.
(7)
The location, with respect to each other and to lot
lines and height, of all proposed buildings and structures, accessory
and main, or major excavations. The locations should be drawn to scale,
and full dimensioning is required.
(8)
The plans and elevations of the several dwelling types
and other buildings, as may be necessary.
(9)
The location, height and material of all fences, walls,
screen planting and landscaping.
(10)
The proposed location and character of nonresidential
uses, commercial or industrial uses, accessory or main.
(11)
The location, character, size, height and orientation
of proposed signs.
(12)
A tabulation of the total number of acres in
the project, gross or net, as required in the district regulations,
and the percentage thereof proposed to be devoted to the several dwelling
types, commercial uses, other nonresidential uses, off-street parking,
streets, parks, schools and other reservations.
(13)
A tabulation of the total number of dwelling
units of various types in the project and the overall project density
in dwelling units per acre, gross or net, as required by district
regulations.
(14)
The location of all wetlands (both state and
federal) shall be indicated by legal description with bearings and
distances with each flag point numbered. A signed and dated statement
by an experienced qualified professional shall be provided verifying
the accuracy of the delineation. If the site contains no wetlands,
then the plan must contain the appropriate statement from the same
professional. Building lots containing wetlands shall be identified
by a notation stating that "construction activities within these sites
may require a permit from the United States Army Corps of Engineers
or the State of Delaware."
C.
The Planning and Zoning Commission may establish additional
requirements for final site plans and may waive a particular requirement
if, in its opinion, the inclusion of that requirement is not essential
to a proper decision on the project. If a preliminary site plan is
approved by the Planning and Zoning Commission without the inclusion
of a particular requirement, the Planning and Zoning Commission is
deemed to have waived that requirement but which may still be required
by the Mayor and Council.
The Planning and Zoning Commission shall consist
of at least five but no more than seven members who shall be appointed
by the Mayor and confirmed by a majority vote of the Town Council.
The term of each member shall be three years, except that a member
appointed to fill a vacancy occurring for any reason other than expiration
of term shall be appointed for the unexpired term. Each member shall
reside in or be an owner of real property in the Town of Selbyville.
Originally, two members shall be appointed for three years, two members
for two years and the remaining member(s) for one year. The members
shall serve with no compensation. A member may be removed by the Mayor
with the consent of a majority of the Town Council.
