[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach 7-13-1985
by Ord. No. 67 (Ch. 15 of the 1984 Code). Amendments noted
where applicable.]
A.
No person shall subdivide, sell, convey, transfer, lease
or assign any portion of any lot or parcel of land in the Town of Dewey Beach
unless the land conveyed and any land retained by the seller conforms to the
Dewey Beach Zoning Code as a buildable lot and such conformance is so certified
by the Building Inspector on a plot to be placed on record in the Sussex County
Court House and filed with the Town.
B.
A conforming lot shall include a lot of record if the
nonconformity is in existence as of the enactment of this chapter and the
subdivision or transfer does not create any new nonconformity or increase
the degree of any existing nonconformity as to the parcel conveyed or retained.
If the Building Inspector determines that a proposed subdivision or
transfer creates a nonconformance or a nonbuildable lot, the parcel involved
shall be deemed to be merged and shall be considered a single lot under the
Municipal Code of the Town of Dewey Beach. Such decision shall be appealable
to the Board of Adjustment.
Any transfer of land in violation of this chapter shall be a violation
and the transferor shall be subject to a fine of not less than $25 nor more
than $100.
Any land conveyed or transferred or retained in violation of this chapter
shall be a nonbuildable lot and no building permit shall be issued while the
nonconforming condition is in existence.
[Added 3-12-2005 by Ord. No. 530]
Any subdivision plan approval granted after the date of adoption of
this section for construction of residential or commercial units in excess
of one unit per parcel shall be rendered null and void if substantial construction
is not commenced within five years of the date of approval of the plan or
within five years after the date of adoption of this section, whichever date
occurs last. For purposes of this section, the term "substantial construction"
shall mean that the right-of-way has been cleared, the roadway has been graded,
the drainage system and/or stormwater management facilities have been completed,
erosion and sediment control measures are in place and are being actively
maintained, electrical, sewer and water utilities have been installed and
building permits have been acquired for all improvements.
