A.
Initiation of change. The Town Commissioners may, from time to time,
amend, supplement, or change, by ordinance, the boundaries of the
districts or the regulations herein established. Any such amendment
may be initiated by resolution of the Town Commissioners or by petition
of any property owner addressed to the Town Commissioners. Petitions
for change or amendment shall be on forms and filed in a manner prescribed
by the Town Commissioners.
B.
Report from the Planning Commission.
(1)
Before taking any action on any proposed amendment, supplement, or
change, the Town Commissioners shall submit the same to the Planning
Commission for its recommendations and report, unless, by unanimous
vote, the Town Commissioners present decide that the change proposed
is not significant.
(2)
The Planning Commission shall report within 120 days after the first
meeting of the Planning Commission after the proposal has been referred
to the Planning Commission, provided further that a one-time extension
of up to 60 days may be requested in writing by motion of the Planning
Commission to the Town Commissioners, who shall grant the request,
unless the Town Commissioners find the request to be arbitrary or
capricious. In order to finalize a report on the proposal, said report
or request for extension shall be given at the next Town Commissioners
meeting after the end of the time period or extension period. Failure
of the Planning Commission to report within the time frames specified
above shall be deemed a recommendation of approval.
C.
Notice and hearings.
(1)
The Planning Commission shall hold a public hearing on any proposed
amendment, supplement, or change before submitting its report to the
Town Commissioners and for this purpose may request the submission
of all pertinent data and information by any person concerned.
(2)
Before acting on any proposed amendment, supplement or change, the
Town Commissioners shall hold a public hearing thereon in accordance
with 22 Del. C. § 304.
D.
Reconsideration; one-year limitation. Whenever a petition requesting
an amendment, supplement, or change has been denied by the Town Commissioners,
such petition, or one substantially similar, shall not be reconsidered
sooner than one year after the previous denial.
A.
The procedures for approval of conditional use are the same as those prescribed for changes and amendments in § 185-73. A conditional use shall only be approved if the location is appropriate, the public health, safety, morals and general welfare will not be adversely affected, adequate off-street parking facilities will be provided, the use will not contribute to a traffic problem on congested roads, the necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and further provided that additional standards in this article are observed. Unless otherwise specified in this article or specified as a condition of approval, all requirements shall be the same as for other uses in the district in which the conditional use is located.
B.
A preliminary site plan, together with the request for a conditional
use and a proposed ordinance, shall be filed with the Town Commissioners.
The preliminary site plan shall comply with the requirements of this
chapter and may be accompanied by such other written or graphic material
as may be necessary or desirable in aiding the decisions of the Commissioners.
Fifteen eleven-inch by seventeen-inch and five twenty-four-inch by
thirty-six-inch or twenty-four-inch by forty-two-inch copies of the
plan, plus an electronic copy in Adobe Acrobat format, shall be submitted.
C.
The Town Commissioners may also request electronic copies of all
submission materials at their discretion.
A.
Site plan review and approval from the Town Commissioners shall be
required for the development of two dwelling units or any mixed-use
structure.
B.
Where the provisions of this chapter require the submittal of site
plans, the following schedule of procedure shall apply:
(1)
A submission for subdivision or land development approval shall be
considered a duly filled application only when all required information,
including plans, studies, forms, permits, completed application, and
fees, is submitted to the Town Commissioners. The Town shall have
five working days from the date of the submission to check the submission
to determine if, on face value, it is in proper form and contains
the required information. If complete, the date of the submission
shall be considered the date the application was duly filed. If the
submission is found to be incomplete or defective, a statement of
rejection itemizing the deficiencies will be mailed to the applicant
within five working days and the submission will be returned. Acceptance
for filing shall not constitute a waiver of any deficiencies or irregularities.
The applicant may appeal a decision made under this section to the
Town Commissioners. Submissions for approval of a subdivision or land
development plan shall be submitted to the Town Building Code Official
during normal working hours. The Town Building Code Official, upon
completion of his acceptability review, will then send copies of the
submission to the Town Planner and Town Commissioners for review.
(2)
The Town Commissioners shall review the final site plan for compliance
with the requirements of the Commissioners and this chapter. The final
site plan shall be amended accordingly and shall be placed on record
after such approval.
(3)
The number of hard copies required for each submission is as follows,
with a date stamp furnished on all plan sheets:
(a)
Sketch plan submission: 15 copies, 11 inches by 17 inches; and five
copies, 24 inches by 36 inches or 24 inches by 42 inches.
(b)
Preliminary subdivision plan submission: 15 copies, 11 inches by
17 inches; and five copies, 24 inches by 36 inches or 24 inches by
42 inches.
(c)
Final subdivision plan submission: 15 copies, 11 inches by 17 inches;
and five copies, 24 inches by 36 inches or 24 inches by 42 inches.
(d)
Preliminary site plan submission: 15 copies, 11 inches by 17 inches;
and five copies, 24 inches by 36 inches or 24 inches by 42 inches.
(e)
Final site plan submission: 15 copies, 11 inches by 17 inches; and
five copies, 24 inches by 36 inches or 24 inches by 42 inches.
(f)
Final record plan submission: two Mylar copies and four paper copies.
(g)
Final approved site subdivision plan: four paper copies.
(4)
The Town Commissioners may also request electronic copies in Adobe
Acrobat format of all submission materials, at their discretion.
A.
The preliminary site plan shall show the following:
(1)
Name of the subdivision or development.
(2)
Name and address of the owner and applicant.
(3)
Name and address of the engineer or surveyor who prepared the plan.
Plans shall show the seal and signature of a registered Delaware land
surveyor and/or professional engineer on all drawings.
(4)
Written and graphic scale, not exceeding one inch equals 50 feet
for sheets 24 inches by 36 inches or sheets 24 inches by 42 inches.
(5)
Sheet size, refer to § 185-75B(3).
(6)
North arrow.
(7)
Plan legend.
(8)
Date of the original plan and all subsequent revision dates.
(9)
Proposed changes in zoning, if any.
(10)
Sheet number, if multiple sheets are used.
(11)
A location map with a scale of no less than one inch equals
500 feet indicating adjacent streets. Existing and surrounding zoning
district boundaries will also be shown.
(12)
Certification of plan accuracy by engineer/surveyor.
(13)
Certification of ownership.
(14)
Certification of plan approval.
(15)
Tax parcel numbers.
(16)
Zoning district of the subject tract.
(17)
Source of title.
(18)
Survey datum and local benchmark.
(19)
Total site gross and net acreage.
(20)
Name of water supplier and the note "Water supply is subject
to the State Department of Natural Resources and Environmental Control
and the Delaware Department of Health."
(21)
Sanitary sewage disposal method.
(22)
Number of existing and proposed lots or dwelling units.
(23)
Lot numbers for all existing and proposed lots.
(24)
Existing and proposed nonresidential gross floor area.
(25)
Location of existing and proposed building and structures.
(26)
The name, right-of-way width and cartway width of all adjoining
streets.
(27)
Tie-in distances from subject property to the nearest street
intersection.
(28)
Location of front, side; and rear yard setbacks and all required
buffer yards.
(29)
Location and dimensions of all existing and proposed sidewalks.
(30)
Calculation of required off-street parking spaces and number
of existing and proposed spaces.
(31)
Location of off-street loading areas.
(32)
Location of all existing and proposed site accesses and entrance
driveways.
(33)
Location and design of all proposed off-street parking areas,
indicating parking space and access aisle dimensions and directional
arrows indicating proposed traffic circulation patterns.
(34)
Approximate number of dwelling units to be included in each
type of housing provided.
(35)
Proposed buildings and structures with dimensions, setbacks
and heights designated.
(36)
Approximate location and size of recreational and open space
areas.
(37)
Approximate location of point of ingress and egress to existing
public highways.
(38)
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.
(39)
Existing and proposed building coverage.
(40)
Existing and proposed impervious coverage.
(41)
Name and address, tax parcel numbers and zoning of all adjoining
property owners.
(42)
Location of any water bodies and watercourses.
(43)
Location of any floodplains, including FEMA map panel number.
(44)
Location of any wetlands areas.
(45)
Location and identification of any historic structures.
(46)
Location of all significant natural or man-made structures.
(47)
Existing and proposed deed restrictions, easements or protective
covenants.
(48)
Grading plan indicating existing contours (at two-foot intervals),
proposed grading, spot elevations and finished floor elevations and
top and bottom of wall elevations for any retaining walls over two
feet.
(49)
Limit of existing tree masses and location, size and species
of all individual trees over six inches' caliper.
(50)
A limit of disturbance line.
(51)
A soil erosion and sediment control plan.
(52)
Stormwater management plan.
(53)
Solid waste management plan.
(54)
Landscape plan. Plans shall show the seal and signature of a
registered Delaware landscape architect on all drawings.
(55)
Lighting plan.
(56)
A listing of all existing nonconforming buildings, uses or structures.
B.
The Town Commissioners may establish additional requirements for
preliminary site plans, and may waive a particular requirement if,
in their 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 Town Commissioners without the inclusion of a particular
requirement, the Town is deemed to have waived that requirement.
A.
The final plot plan shall comply with all existing laws, regulations,
and ordinances governing the approval of subdivisions and provide
sufficiently accurate dimensions and construction specifications to
provide the data necessary for the issuance of construction permits.
(1)
The proposed title of the project and the name of the engineer, architect,
designer, or landscape architect and the developer.
(2)
Geographical location, showing existing zoning district and boundaries.
The boundaries of the property involved, the location of all existing
easements, and property lines, existing streets, building, or waterways,
and other existing physical features in the project. The location
and sizes of sanitary and storm sewers, water mains, culverts, and
other underground structures in or near the project.
(3)
Net development area.
(4)
Number of dwelling units to be included in each type of housing:
single-family detached dwellings, townhouse dwellings, and multifamily
units in multiunit structures of dedicated residential use and of
mixed use.
(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, playground, school sites and open
spaces.
(7)
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)
Plans and elevations of the several dwelling types and other buildings,
as may be necessary.
(9)
Architectural renderings as required.
(10)
Location, heights, and material of all fences, walls, screen
planting and landscaping.
(11)
Proposed location and character of all nonresidential uses.
(12)
Location, character, size, height, and orientation of proposed
signs.
(13)
A tabulation of total number of square feet 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.
(14)
A tabulation of the total number of dwelling units of all types
on the lot or parcel, and the overall proposed dwelling density in
gross lot square feet per dwelling unit.
(15)
A traffic impact study, including mitigation measures if deemed
necessary by the study.
(16)
The name, right-of-way width, cartway width, profiles, cross-sections
and grading for all proposed streets.
(17)
Type, location, size, material of construction, slope and profiles
for all proposed utilities.
(18)
Location, size, material of construction slope and profiles
for all proposed storm sewers.
(19)
Location, grate elevation and invert elevation for all catch
basins, inlets and manholes.
(20)
Location of all proposed fire hydrants.
(21)
Phasing lines for phased developments.
(22)
Sidewalk locations, pedestrianways, bikeways, walkways.
(23)
Proposed passive and active recreation areas.
(24)
Listing of any required variances.
(25)
Wetland report.
(26)
Floodplain study.
(27)
Construction details for all proposed improvements.
(28)
Environmental impact statement.
(29)
All applicable outside agency permits.
B.
The Town Commissioners may establish additional requirements for
final site plans, and may waive a particular requirement if, in their
opinion, the inclusion of that requirement is not essential to a proper
decision on the project. If a preliminary site plan is approved without
the inclusion of particular requirement, then it is deemed to have
been waived.
The procedure for change of the extent of land use for an approved
conditional use shall be the same for a new application, except that
minor amendments of an approved site plan or of conditions attached
to an approved conditional use, or site plan, may be approved by the
Town Building Code Official without a public hearing, provided such
change or amendment:
A.
Does not alter a recorded plot;
B.
Does not conflict with the specific requirements of the chapter;
C.
Does not change the general character or content of an approved development
plan or use;
D.
Applies to an approved condition origination with the Board of Adjustment;
E.
Has no appreciable effect on adjoining or surrounding property;
F.
Does not result in any substantial change of major external access
points;
G.
Does not increase the approved number of dwelling units or height
of buildings; and
H.
Does not decrease the minimum specified yards and open spaces or
minimum or maximum specified parking and loading spaces.
A.
No vacant land shall be occupied or used until a certificate of occupancy
shall have been issued.
B.
No premises shall be used, and no building hereafter erected or structurally
altered shall be used, occupied, or changed in use, until a certificate
of occupancy shall have been issued, stating that the building or
proposed use of a building or premises complies with the building
laws and the provisions of these regulations.
C.
Certificates of occupancy shall be applied for coincidently with
the application for a building permit and shall be issued within 10
days after the erection or structural alteration of such building
shall have been completed in conformity with the checklist approved
by the Commissioners and the provisions of this chapter and the requirements
of county and state regulations. A record of all certificates shall
be kept on file.
D.
No excavation for any building shall be started before issuance of
a building permit.
E.
Upon written request from the owner, the Town Building Code Official
shall issue a certificate of occupancy for any building or premises
existing at the time of adoption of this chapter, or any changes or
amendments thereto, certifying after inspection and investigation
the extent and kind of use made of the building or premises, and whether
such use conforms to the provisions of this chapter or is to be deemed
a preexisting nonconforming use.
F.
Application for a certificate of occupancy and building permit on lots within the definition of § 185-8B shall be accompanied by proof of title as of February 11, 1982, and evidence of current title. The Town Building Code Official may require production of deeds, surveys or other evidence prior to acting on such applications.
A.
No building shall be erected, constructed, altered, moved, converted,
extended or enlarged without the owner or owners first having obtained
a building permit, and such permit shall require conformity with the
provisions of this chapter; provided, however, that the Town Building
Code Official may, at his discretion, issue an emergency permit not
in conformity with the provisions of this chapter when:
(1)
A dwelling has been made uninhabitable by fire, wind, flood, or impact
by motor vehicle or airplane, or similar natural or man-made disaster;
(2)
A written statement by the applicant has been filed, certifying the
dwelling to be uninhabitable to due to fire, wind, flood, impact,
or similar natural or man-made disaster; and
(3)
The Mayor has indicated approval by initialing the application.
B.
A filing fee shall accompany each application for a building permit,
in such amount as may be determined by the Town Commissioners, a schedule
of such fees to be filed with the Town Manager.
[Amended 1-11-2014 by Ord. No. 709]
(1)
Building permit fees for the repair of significant damage to a residential-use
structure located in a FEMA-designated flood zone (including VE, AE
and AO zones) shall be reduced by 50%s from the effective schedule
of fees;
(2)
Building permit fees for significant retrofit projects designed to
improve resilience to future flood loss on a residential-use structure
located in a FEMA-designated flood zone (including VE, AE and AO zones)
shall be reduced by 50% from the effective schedule of fees;
(3)
For the purpose of this chapter "retrofitting" shall have the definition
used by the Federal Emergency Management Agency (FEMA); see FEMA Publication
P-312 Homeowner's Guide to Retrofitting (2nd Ed., 2009), "Retrofitting
means making changes to an existing building to protect it from flooding
or other hazards such as high winds and earthquakes." FEMA lists six
types of retrofit projects to protect one's home from flood damage:
elevation, wet floodproofing of uninhabited areas, relocation, dry
floodproofing, barriers, and razing and rebuilding properly; and
(4)
For the purposes of this subsection, "significant" shall be interpreted
as a repair or retrofit project estimated at costing more than $5,000
based on the same criteria used by the Town in its assessment of appropriate
building permit fees;
(5)
For projects qualifying for a reduced building permit fee under this
subsection, the reduced rate shall be applied to the total building
permit fee.
C.
Building permits shall be valid for one year from date of issue,
and may be renewed on each anniversary date thereafter for the fee
of $50. Failure to renew shall void the permit.
D.
No building permit, lawfully issued by Sussex County prior to the
effective date of this chapter, shall be invalidated by the passage
of this chapter, provided actual construction, pursuant to the permit's
own terms and provisions, and ordinances and regulations thereto,
shall have begun within the effective date of the permit.
(1)
One permit issued to cover more than one building remains valid for all of the buildings covered by the permit, if actual construction as provided above shall have commenced prior to the expiration of the permit, subject only to Subsection D(3) below.
(2)
In any event, the permit shall be invalidated if actual construction
is discontinued for reasons other than those beyond the permit holder's
control.
E.
Any permitted development in the flood-prone areas (including FEMA-designated
VE, AE and AO flood zones) is subject to all applicable state and
federal codes and regulations.
[Amended 1-11-2014 by Ord. No. 708]
F.
All subcontractors shall be identified when applying for a building
permit, and all contractors and subcontractors shall be properly licensed
in the Town of Dewey Beach prior to beginning work.
G.
No building permits or certificates of occupancy shall be issued
until all past violations have been corrected.
All applications for building permits shall be accompanied by
a drawing or plat in duplicate or as required by the Town Building
Code Official showing, with dimensions, the lot lines, the building
or buildings, the location of buildings on the lot and such other
information as may be necessary to provide for the enforcement of
these regulations, including, if necessary, a boundary survey and
a staking of the lot by a surveyor and complete construction plans.
The drawings shall contain suitable notations indicating the proposed
use of all land and buildings. A record of the original copy of such
applications and plats shall be kept at the building at all times
during construction.
A.
The applicant, subdivider, developer, or builder will be required
to post financial security in an amount and with such surety as shall
be approved by the Town Commissioners to guarantee the payment of
the services of the Town Building Code Official, Town Planner, and
Town Solicitor for services related to plan review and meeting attendance
in reviewing the application. In addition, all costs for planning,
engineering, legal and professional certification as deemed necessary
will be the responsibility of the applicant, subdivider, developer,
or builder.
B.
All persons appealing to the Board of Adjustment shall be required
to pay, in advance, such amount as may be required by the Town Commissioners.
C.
All persons, firms or corporations applying for conditional use permits under the provisions of Article VII of this chapter or applying for an amendment to this chapter or a change in the classification of a district or a portion thereof shall be required to pay, in advance, such amount as may be required by the Town Commissioners.
D.
The payment of such money in advance shall be deemed a condition
precedent to the consideration of such appeal, conditional use permit,
or amendment. Fees shall not be refunded.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, heath, convenience, comfort, prosperity, or
general welfare. It is not intended by this chapter to interfere with,
or abrogate or annul any easement, covenants, or other agreement between
parties; provided, however, that where this chapter imposes a greater
restriction upon land development or construction, or the use of buildings
or premises or upon height of buildings, or requires larger open spaces
than are imposed or required by other resolutions, ordinances, rules,
regulations, or by easements, covenants or agreements, the provisions
of this chapter shall govern. If, because of error or omission in
the Zoning District Map, any property in the jurisdiction of the Town
is not shown as being in a zoning district, the classification of
such property shall be classified NR until changed by amendment.
[Amended 12-6-2008 by Ord. No. 636 cont'd]
A.
It shall be the duty of the Building Inspector to enforce the provisions
of this chapter and to refuse to issue any permit for any building
or certificate of occupancy or for the use of any premises which would
violate any of the provisions of said chapter. It shall also be the
duty of all officers and employees of the Town to assist the enforcing
officer by reporting to him any seeming violation in new construction,
reconstruction or land uses.
B.
In case any building is erected, constructed, reconstructed, altered,
repaired, or converted or any building or land is used in violation
of this chapter, the Building Inspector is authorized and directed
to institute any appropriate action to put an end to such violation.
C.
Any person who shall violate any of the provisions of this chapter or fails to comply therewith, or with any of the requirements thereof, or who shall build or after any building in violation of any detailed statement or plan submitted and approved hereunder shall have committed a civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who has assisted in the commission of any such violation, shall have committed a separate civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach.
Any site plan approval 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
adoption of Ord. No. 529, March 12, 2005, 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.
A.
Inspection fee escrow.
(1)
Prior to the construction of any improvements approved by the Town
Commissioners and prior to final approval of subdivision or site plan,
the applicant shall deposit and maintain with the Town a fund of not
less than 5% of the estimated cost of the required on- and off-site
improvements, as determined by the Town Building Official, to cover
costs of inspection of improvements. The minimum escrow deposit required
at any one time shall be $200.
(2)
If at any time during the inspection of the construction of said
improvements it becomes evident that the escrow deposit is or will
be insufficient to cover the costs thereof, the applicant shall make
such additional deposits in amounts to be determined by the Town Planner
based upon the estimated costs required to properly review and inspect
the on- and off-site improvements.
(3)
Professional fees. The construction and legal escrows as set forth
in the aforesaid provisions are minimum amounts representing an estimate
of the anticipated costs for such services based on the hourly rates
of the respective professional. The hourly rates to be charged each
applicant for the services of such professionals shall be the same
as those set forth in the contracts between the Town and said professionals.
All legal, engineering and planning review fees set forth under the
applications for use and bulk variances, appeals, interpretations
and miscellaneous applications are nonrefundable minimums. In all
other cases, if the actual cost is less than the minimum, the applicant
shall receive a refund of the difference for all development applications;
if actual costs for such proposed services exceed the minimum deposits,
the applicant shall be responsible to pay to the Town the difference
between the actual amount and the amount deposited.
B.
Performance guaranty.
(1)
General requirements.
(a)
No final application for development (whether for an entire
tract or a section thereof) shall be approved by the Town Commissioners
until the satisfactory completion and performance of all required
improvements have been certified by the Town Planner. As a condition
of final approval for any application for development, all applicants
shall submit a performance guaranty and, upon completion and approval
of the improvements, a two-year maintenance guaranty for all required
on-site and off-site improvements. The form and amount of the aforementioned
guaranties must meet the satisfaction of the Town Solicitor and Town
Planner.
(b)
A performance guaranty estimate shall be prepared by the applicant's
engineer and submitted to the Town Planner for review and approval,
setting forth all requirements for improvements and their estimated
cost. The performance and maintenance guaranties shall conform to
such approved estimate in the manner calculated below.
(2)
Calculation of guaranty. The owner shall present the performance
guaranty, in an amount equal to 120% of the approved performance guaranty
estimate required above. The guaranty must then receive the approval
as to form, amount and execution by the Town Planner as a condition
to approval of the application. No plans will be signed or approval
given by the Town until the required performance guaranty has been
approved.
(3)
Bonding and cash requirements. The performance guaranty shall be
made payable and deposited to the Town of Dewey Beach and shall be
in the form of cash, irrevocable letter of credit or certified check
or a performance bond in which the owner shall be principal. The bond
or letter of credit to be provided must be issued by an acceptable
surety or banking company licensed to do business in the State of
Delaware. The Town shall issue its receipt for such deposits and shall
cause the same to be deposited in the name of the Town to be retained
as security for completion of all requirements and to be returned
to the owner on completion of all required work or, in the event of
default on the part of the owner, to be used by the Town to pay the
cost and expense of obtaining completion of all requirements.
(4)
Inspection and tests.
(a)
All site improvements and utility installations for both site
plans and subdivisions shall be inspected during the time of their
installation under the supervision of the Town to ensure satisfactory
completion. The obligor shall reimburse the Town for all reasonable
inspection fees paid to the Town professionals for the foregoing inspection
of improvements, provided that the Town may require of the developer
a deposit for all or a portion of the reasonably anticipated fees
to be paid to the Town professionals for such inspection. The Town
professionals shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit. The project may be
immediately shut down by the Town if sufficient fees for inspections
have not been deposited in accordance with this section.
(b)
In no case shall any paving work be done without permission
from the Town. At least two working days' notice shall be given to
that Town prior to any construction so that the Town or a qualified
representative may be present at the time the work is to be done.
(c)
Streets should not be paved with a wearing course until all
heavy construction is completed. Landscaping shall not be planted
until all grading and earth moving is completed. The seeding of grass
and the placing of surveyor's monuments shall be among the last operations.
(d)
The Town shall be notified prior to each of the following phases
of work so that it or a qualified representative may inspect the work
relating to road subgrade, curb and curb forms, curb and gutters,
roadway paving, sidewalk forms, sidewalk, drainage pipes and other
drainage construction, street name signs, monuments, stormwater basins,
topsoil and seeding, and plantings.
(e)
Any improvement installed contrary to the plan or plat approval
by the Town shall constitute just cause to void the municipal approval.
(f)
Any improvement installed without notice for inspection shall
constitute just cause for:
[1]
Removal of the uninspected improvement;
[2]
The payment by the developer of any costs for material testing;
[3]
The restoration by the developer of any improvements disturbed
during any material testing; and/or
[4]
The issuance of a stop-work order by the Town pending the resolution
of any dispute.
(g)
Inspection by the Town of the installation of improvements and
utilities shall not subject the Town of Dewey Beach to liability for
claims, suits or liability of any kind that may arise because of defects
or negligence during construction or at any time thereafter, it being
recognized that the responsibility to maintain safe conditions at
all times during construction and to provide proper utilities and
improvements is upon the owner and his contractor, if any.
(5)
Conditions and acceptance of improvements. The approval of any application
for development and release of guaranty by the Town shall in no way
be construed as acceptance of any street or drainage system or any
other improvement, nor shall such approval obligate the Town in any
way to exercise jurisdiction over such street or drainage system or
other improvement. No improvement shall be accepted by the governing
body unless and until all of the following conditions have been met:
(a)
The Town Commissioners shall have certified, in writing, that
the improvements are completed and that they comply with the requirements
of this chapter.
(b)
The final application for development shall have been approved
by the Town Commissioners.
(c)
The owner shall have filed with the Town Commissioners a maintenance
guaranty in an amount equal to 15% of the cost of installing the improvements.
The maintenance guaranty shall run for a period of two years from
final acceptance of the improvement. The procedures and requirements
for acceptance and release governing such maintenance guaranty shall
be identical to the procedures and requirements for a performance
guaranty set forth in this chapter.
C.
An as-built plan and profiles of all utilities and roads (three black-and-white
prints plus a Mylar copy to be sent to the Town), with certification
signed and sealed by a Delaware licensed professional engineer as
to the actual construction as approved by the Town, shall be provided.
