Town of Henlopen Acres, DE
Sussex County
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[HISTORY: Adopted by the Commissioners of the Town of Henlopen 1-14-2000. Amendments noted where applicable.]
Animals — See Ch. 35.
The easements known as "Holly Walk," "Greenway," "Gypsy Lane," "Indian Trail," "Fox Run," "Willow Bend," "Point O'Woods," "Beach Path," "Bayberry Path," "Pines' End" and "Brightwater Ride," as shown on the plot of Henlopen Acres dated July 22, 1930, and of record in the Office of the Recorder of Deeds in and for Sussex County, at Deed Book 280 at page 597 and as revised in Plot Book 2 at page 1; and as shown on the 1957 revision, not of record, but available in the Town Hall, are easements on private property and which easements are subject to regulation by the Commissioners of the Town of Henlopen Acres.
The bridle paths may be used by the Town of Henlopen Acres, its successors, assigns, agents, employees and, with the permission of the Town of Henlopen Acres, by the representatives of utility companies, private, public or quasi-public and representatives of public agencies.
No individual who is not an owner of any lot in the Town of Henlopen Acres or is not a resident of the Town of Henlopen Acres shall enter on or use any bridle path within the Town of Henlopen Acres without the express permission of the Town of Henlopen Acres.
Bridle paths may be used by the residents and the owners of property in the Town of Henlopen Acres as bridle paths, for the purpose of removing brush or trash and for passage; however, residents and owners of property in the Town of Henlopen Acres are prohibited from erecting or improving the bridle paths with hedges, shrubberies, fences, buildings or other erections or improvements.
A permit for access other than pedestrian passage to the bridle paths shall be required.
[Added 10-8-2004]
Such permit may be combined with the zoning permit required pursuant to §§ 130-35 through 42 and building permit required pursuant to § 71-12.
An amount of $5,000, cash or in a form acceptable to the Town, shall be deposited by owner, his/her/their agents, employees or assigns, prior to the issuance of any permit for entrance on or use of any bridle path within the Town. Such deposit shall be used by the Town to repair any damage to the bridle path in the event such damage is not repaired by the owners, his/he/their agents, employees or assigns. It shall be the responsibility of the owner to see that all repairs identified by the Town are completed satisfactorily within 30 days of notice from the Town. Once such repairs are accepted by the Town, the deposit or that amount remaining of the deposit shall be refunded within 30 days of such acceptance. However, if repairs are not completed satisfactorily to the Town, within said 30 days, the Town may complete such repairs and the Town may, without further notice, make the identified repairs to the bridle path and shall subtract the cost thereof from the deposit being held by the Town. If the amount of the cost of the repair exceeds the amount of deposit, the owner of the property shall be responsible for the difference together with an additional charge of 20% of the cost thereof to cover administrative expenses and an additional charge for the cost of any postage, plus accrued interest at the rate of 6% per annum from the date of completion of the work if not paid by the owner prior thereto.
This Subsection B shall not apply to the use by the owner or resident of and access to that part of a bridle path located on his or her property.
No vehicles shall be permitted on the bridle paths except as expressly permitted by the Town of Henlopen Acres.
Any person violating any of the provisions of this chapter shall be fined not less than $50 nor more than $500 or imprisoned for a period of not more than 10 days, or both, and shall pay the cost of prosecution, including the Town's Attorney's fees, and shall pay the victim's compensation fund assessment for each offense. Each day that such violation continues after notice by the Town or by service of a warrant and prosecution or in any other way that he is committing such violation of this chapter shall constitute a separate offense punishable by a like fine.