[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.]
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.
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.