[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 7-25-1981 by Ord. No. 58. Amendments noted where
applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 88.
[Amended 5-31-1985]
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.
B.
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.
C.
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.
[Amended 6-22-2012]
D.
At the public hearing, the affected property owners,
all interested parties and citizens shall be heard, and responses
mailed in shall be read.
E.
The Town Council shall make its determination for
approval or disapproval within a reasonable time.
F.
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.
[Amended 9-24-2010]
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.
