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Town of Fenwick Island, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 7-19-1958 by Ord. No. 13; amended in its entirety 5-31-1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Sanitation — See Ch. 127.
A. 
The owner of any lot within the Town of Fenwick Island shall maintain such lot in such manner that it shall not be a harboring place for mosquitos or vermin or become a fire hazard. To that end each owner shall be required to maintain and/or fill his or her lot(s):
(1) 
So that it shall not retain standing water for more than 72 hours; and
(2) 
So that it drains either to a lagoon or an adjacent street and not onto adjacent property; and
(3) 
So that it is stabilized to avoid erosion.
B. 
Each owner shall be required to cut the weeds and grass on his lot(s) and remove rubbish which may accumulate thereon. The predominant height of grass and/or weeds shall not exceed 10 inches. All areas shall be maintained so that no grass and/or weeds are allowed to grow in any area that is not an established lawn.
[Amended 4-27-2007]
(1) 
All lots west of Del. Route 1 shall be required to be maintained. All lots east of Del. Route 1 which have been planted with commercial grass to establish a lawn, shall be required to be cut.[1]
[1]
Editor's Note: Former Subsection B(2), concerning other lots east of Del. Route 1, was repealed 4-23-2010.
[Added 4-27-2012]
In an attempt to reduce the discharge of pollutants and sediment in surface water and stormwater runoff and in an attempt to control erosion of the banks and waterways within the Town, the Town Council has adopted the following section.
A. 
Drainage plan.
[Added 8-26-2016[1]]
(1) 
In the following situations, a professionally engineered drainage plan shall be part of any application for a building permit:
(a) 
All new construction;
(b) 
All substantial improvements that affect property drainage; and/or
(c) 
All improvements that affect property drainage.
(2) 
Whether or not an Improvement affects property drainage, so as to require a professionally engineered drainage plan, shall be decided in the reasonable exercise of the Building Official's sound judgment. Any building permit applicant aggrieved by a decision of the Building Official made pursuant to this § 120-2 has the right to appeal to the Town Council within 15 days of receipt of the Building's Official's decision, by giving written notice of his or her election to do so to the office of the Town Manager and upon payment of a fee as set by resolution of the Town Council from time to time. The Town Manager shall notify the Secretary of the Town Council and shall transmit to the Secretary all the papers constituting the record upon which the decision appealed from was taken. Town Council shall set a date, time and place for the hearing of the appeal, which time and date may be at a regular Town Council meeting or a special meeting of the Town Council, so long as the applicable notice and time requirements may be met. Notice of the appeal and scheduling of the appeal before Town Council shall be sent to the appellant at least 15 days prior to the hearing date. In the event of such an appeal, enforcement and construction activities are stayed until a decision has been reached by Town Council. Any decision made by Town Council is final.
[1]
Editor's Note: This ordinance also renumbered former § 120-2B through G to § 120-2C through H.
B. 
Roof drainage system (RDS). Any equipment and/or facilities, including, but not limited to, gutters, downspouts, and piping, that are used for the purpose of transporting and disposing of roof rainwater.
[Amended 8-26-2016]
(1) 
Roof drainage systems on all new construction and/or on substantial or other improvements affecting property drainage to existing properties may extend into the front or rear setbacks and shall not be located closer than five feet from the side property line.
(2) 
Roof drainage systems on all new construction and/or on substantial or other improvements affecting property drainage to existing properties shall not extend into canals, lagoons or bay waters unless properly engineered. No direct piping will be permitted.
(3) 
Roof drainage systems existing at the time of enactment of this section shall be considered grandfathered and shall be permitted to remain. Said existing roof drainage systems, including sections or parts thereof that drain into canals, lagoons or bay waters, may be repaired and maintained. However, roof drainage systems grandfathered hereby shall not be enlarged or remodeled in any manner to include new or additional piping which would directly drain into canals. lagoons or bay waters.
(a) 
Any changes to the approved drainage plan during construction or after issuance of a certificate of compliance shall require approval of the Building Official.
[Added 12-9-2016]
C. 
All lots, both vacant and those improved with structures, shall have grass, vegetation or stone that will prevent any soil erosion onto or into streets, canals, lagoons, bay waters, other waterways and/or adjacent properties. The only exception to the foregoing requirement is if active construction activities are underway on the lot in question, in which case the foregoing requirements must be met upon the completion of the construction activities. A certificate of compliance shall not be issued for any new construction and/or for a substantial improvement to an existing structure unless the property owner has complied with this chapter.
D. 
Siltation fencing must be provided during any construction activity that creates a possibility for soil erosion. Such fencing must comply with regulations required by the Sussex Conservation District.
E. 
Town rights-of-way must remain clear to allow for and in order to maintain proper drainage. Please see § 61-10 for additional information, restrictions and requirements in this regard.
F. 
The use of pervious surface materials outside of the buildable lot area is required to aid in reducing surface water and stormwater runoff and in order to maintain proper drainage. Please see § 160-8A(11) and § 61-10 for additional information, restrictions and requirements in this regard.
G. 
Drainage of any swimming or wading pool water not directly into a sanitary sewer shall only occur after the swimming pool water sits for a minimum of seven days without the addition of any more chemicals.
H. 
Outdoor showers shall not be connected to any piping, equipment, facility or system that discharges into canals, lagoons or bay waters, unless the outdoor shower is in existence at the time of enactment of this section, in which case said existing outdoor shower shall be deemed grandfathered as further described in § 120-2A(3) hereof.
[Amended 7-26-1996; 4-27-2012; 8-26-2016]
In the event any lot owner shall fail to comply with § 120-lA, 120-1B, 120-2A or 120-2B hereof, the property owner shall be given written notice, by certified mail, return receipt requested, of the violation, which notice shall specify the action necessary to correct the violation. The property owner shall be required to take the corrective action to remedy a violation of § 120-lA, 120-2A, 120-2B or 120-2C within 30 days of such notice. The property owner shall be required to take the corrective action to remedy a violation of§ 120-1B within 10 days of such notice.
[Amended 7-26-1999; 4-23-2010; 4-27-2012]
In the event the owner fails to comply with the written notice of violation issued pursuant to § 120-3 within the time period set forth therein, he shall be deemed to be guilty of maintaining a nuisance and/or an unsanitary condition. In such an event, the Town of Fenwick Island shall have:
A. 
As to a violation of § 120-1A, the authority (be empowered) to both take such steps as it deems necessary to cure said violation at the expense of the owner and impose a fine of $500 for each thirty-day period in which the violation is not cured.
B. 
As to a violation of § 120-1B, the authority (be empowered) to have the Public Works Department clear the property of weeds, high grass and any trash thereon. The fee for the service shall be $500 for each time it is performed and shall be charged to the owner(s) of the lot(s).
C. 
As to a violation of § 120-2A, B or C, the authority, but not the obligation, to take such steps as it deems necessary to cure the violation, including the option of hiring a professional and licensed contractor to perform the curative work necessary, which shall be done at the expense of the owner. The Town shall also have the authority to impose a monetary fine in the amount of $500 for each thirty-day period in which the violation is not cured.
[Amended 8-26-2016]
[Amended 4-27-2012]
In the event an owner has received a § 120-3 written notice from the Town of a violation of § 120-1B hereof, and said owner subsequently repeats the same violation during the same calendar year, the Town may, but shall not be obligated to, clear the property pursuant to the authority set forth in § 120-4B without additional notice to the owner. As stated in § 120-4B, a separate service fee of $500 will be charged for each such clearing. The owner will be advised of this procedure in the written notice of the first violation.
[Amended 4-27-2012]
The expenses incurred by the Town to cure a violation of this chapter and any monetary fine imposed pursuant to § 120-4 and/or any service fee imposed pursuant to § 120-5 shall each constitute a lien against the lot in question. Said lien shall be enforceable and the debt shall be collectible in the same manner as the collection of delinquent taxes under the laws of the State of Delaware and the Town of Fenwick Island.