[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 7-25-1981 by Ord. No. 58. Amendments noted where applicable.]
Flood damage prevention — See Ch. 88.
No land or real property in the Town of Fenwick Island, Delaware, shall be subdivided or developed in any manner or lots rearranged prior to approval by the Town Council. No lots in such proposed subdivision or development or rearrangement shall be sold prior to approval by the Town Council. Land or real property which is divided into lots as shown on the latest revised Sussex County Assessment Office Tax Maps No. 1-34-23.20, No. 1-34-23.16, No. 1-34-23.12, No. 1-34.23.08, date of compilation January 31, 1973, and date of photography, January-February 1972, on file in the Sussex County Assessment Office, shall not be subdivided or developed into lots or lots rearranged without approval of Town Council. For the purposes of this chapter, in the event that a subdivision, development or rearrangement of lots was approved by the Town Council subsequent to the latest revised above-identified Sussex County Assessment Office Tax Maps and does not appear on these maps, then the latest Town Council approved subdivision, development or rearrangement shall prevail.
The rules of procedure for the action set forth in § 142-1 are as follows:
A letter of application for approval of any subdivision or development of land or real property or rearrangement of lots shall be submitted to the Town Council, accompanied by a fee payable to the Town in an amount as set by resolution of the Town Council from time to time.
The application for approval shall be accompanied by a copy of the latest revised Sussex County Assessment Office Tax Map or Maps identified in § 142-1 for the area involved, a proposed site plan certified by a registered engineer and conforming to all applicable Fenwick Island Town ordinances and federal, state and county regulations and permits or waivers from cognizant authorities as required.
A public hearing by the Town Council shall be held at the call of the President of the Council not less than 30 days after notification by U.S. first class mail of all affected property owners in the area surrounding the proposed site of the subdivision, development or rearrangement. For the purposes of this chapter, affected property owners shall be considered, at a minimum, to be the owners of real property located within 200 feet of the boundaries of the proposed site of the subdivision, surrounding the proposed site, including lots across streets, avenues, highways and canals or lagoons. At least 15 days' notice of the time and place for the hearing shall be published in an official local newspaper.
At the public hearing, the affected property owners, all interested parties and citizens shall be heard, and responses mailed in shall be read.
The Town Council shall make its determination for approval or disapproval within a reasonable time.
The considerations of the Town Council in deciding such applications shall include but not be limited to the size and direction of lots and structures, vehicular traffic and parking conditions, existing street locations and the general appearance of the affected neighborhood, all designed to protect the public health, safety, comfort and welfare of the citizenry of the Town as a whole.
No repetitive application shall be considered within a year in the absence of significant changes from the denied application.
The commencement of any subdivision or development of land or real property or rearrangement of lots, or the selling of lots in such proposed subdivision or development or rearrangement prior to obtaining the approval of the Town Council of Fenwick Island, Delaware, shall be a violation of this chapter, and violators shall be subject to a fine of $500. Each day that any such violation shall exist shall constitute a separate offense.