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Town of Fenwick Island, DE
Sussex County
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[Adopted 2-26-1999]
A. 
Any work performed by a public or private utility company or its contractors, which work involves a physical disturbance to any portion of the Town's rights-of-way, shall be subject to the Town's Utility Construction Policy, dated February 26, 1999, and any subsequent revisions or amendments thereto, which Policy is hereby made a part of this article.
B. 
Revisions or amendments to the Utility Construction Policy, including fee structures, may be made by resolution of the Town Council.
C. 
The Town Council hereby delegates to the Public Works Department the authority to administer and enforce the Utility Construction Policy,
D. 
All outside storage tanks exceeding 25 pounds and not located at or above base flood elevations must be secured in accordance with applicable guidelines, rules, regulations and/or recommendation of the Federal Emergency Management Agency (FEMA) and/or in accordance with individual provider anchoring specifications. The effective date for proper anchoring of all outside storage tanks as indicated above shall be no later than June 1, 2014.
[Added 1-25-2013[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsections D through L as Subsections E through M, respectively.
E. 
The Town of Fenwick Island, in accordance with its long-term plan, desires that all utility lines be underground. Until that goal is attained, all new utility poles will be located on the same side of the street as the majority of the existing poles at the end of the street rights-of-way and lot property lines.
[Added 1-23-2009]
F. 
Any utility work to add or relocate permanent utility service lines shall be accomplished by underground placement of the services from the pole to house or building.
[Added 1-23-2009]
G. 
Utility service to any new residential or commercial construction shall be underground from the pole to the house at the expense of the property owner or contractor building the house or commercial structure.
[Added 1-23-2009]
H. 
Replacement of existing services to an existing house, structure or commercial building shall be underground at the expense of the property owners when the replacement or new service costs exceed 50% of the value of the house, structure or commercial building.
[Added 1-23-2009]
I. 
Open cuts in roadways shall not be permitted. In the event no other options exist, road cuts or overhead connections in lieu of road cuts may be considered. Such exceptions, when there is no other alternative, will determined by the Town Manager and Public Works Supervisor on a case-by-case basis.
[Added 1-23-2009]
J. 
In cases where construction must use private property for the boring setup, the contractor shall be fully responsible for notification of the affected property owners and to obtain permission, including easements, if necessary.
[Added 1-23-2009]
K. 
The permittee shall be responsible for restoring the rights-of-way, including the pavement surface, subsurface and drainage facilities to their original condition upon completion of work.
[Added 1-23-2009]
L. 
Disturbance of existing drainage shall not permitted. Exceptions will be made only in cases where there is no alternative as determined by the Town Manager and Public Works Supervisor on a case-by-case basis.
[Added 1-23-2009]
M. 
Appeals to the interpretation of this chapter will be made to the Town Council. The decision of the Town Council shall be final.
[Added 1-23-2009]
[1]
Editor's Note: Former § 61-17, Violations and penalties, amended 7-31-1987, 9-30-1994 and 9-29-1995, was repealed 2-26-1999.
A. 
Any person violating any provision of this article shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such violation, including, but not limited to, the Town's attorney's fees and costs of prosecution.
B. 
Any person violating any provision of the article shall, upon conviction therefor, be fined $100 for each and every offense and shall pay the cost of prosecution and the appropriate Victim's Compensation Fund assessment. Each failure to comply with any of the requirements of this article and/or each and every day during which such violation continues shall constitute a separate offense.
[Amended 7-22-2011]
C. 
The Town reserves the right to deny the issuance of future permits to any person who violates the provisions of this article. This provision shall in no way prohibit or limit the right of the Town to bring legal action against the permittee.