[HISTORY: Adopted by the Commissioners of Henlopen Acres 4-16-2004. Amendments noted where applicable.]
The rights-of-way and streets of Henlopen Acres, being the streets and rights-of-way as shown on the plot of Henlopen Acres dated July 22, 1930, and recorded in the Office of the Recorder of Deeds in and for Sussex County in Deed Book 280 at page 597 and as revised in Plot Book 2, page 1, are ways open to property owners, residents and the general public but subject to the regulation of the Town of Henlopen Acres.
New paving or change of materials of all or any part of any right-of-way in Henlopen Acres by any person other than the Town, its officers, employees, agents or assigns, is prohibited except as may otherwise be provided in this chapter.
Obstructions and/or intrusions, including but not limited to timbering, borders, landscaping, plantings, and reflectors, in or of all or any part of any right-of-way of Henlopen Acres by any person other than the Town, its officers, employees, agents, or assigns, is prohibited except as may otherwise be provided in this chapter.
Application for permission.
Any property owner may apply to the Commissioners for permission to change materials in an existing driveway connection or install new paving or create a new driveway connecting a lot to the paved portion of the Town's right-of-way by filing an application for building permit; provided, however, that installation of a new driveway as part of new construction or improvements shall be reviewed only as necessary as part of an Environmental Approval Committee review process and approval.
Any property owner may apply to the Commissioners for permission to use part of the right-of-way for improvements for parking and landscaping, by filing an application for a building permit.
Such application shall include:
A drawing or survey of that part of the lot and right-of-way to be affected as well as the proposed location and dimensions of the proposed paving or installed surface.
The materials to be used which shall be only those approved by the Commissioners.
A statement and description of the maintenance and upkeep plan for said area.
Payment of application fee.
A statement that the property owner accepts all conditions and requirements imposed by the grant of such an application and/or building permit.
A statement that the applicant has complied with all laws and ordinances of the Town of Henlopen Acres and that all taxes, fees and assessments due the Town of Henlopen Acres are paid.
Application fees shall be set by resolution of the Commissioners from time to time.
It shall be a condition of any permission granted under this chapter that the improvements and driveway shall be used only for lawful purposes and maintained lawfully and in good order. The right of the Commissioners in their direction to refuse to grant any application and/or building permit and to revoke any application and/or building permit previously granted is hereby specifically reserved.
Failure to secure approval and/or building permit prior to installing new paving, creating a new driveway or using the right-of-way for improvements for parking and landscaping shall be a violation of this chapter.
Any violation of any provision of this chapter is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code. Any person, including but not limited to the owner, agent, architect, contractor, or any other person who commits, takes part or assists in any such violation, or maintains any paving or surface in which such violation shall exist, shall pay a civil assessment of $200 and shall pay the Town's court costs including its attorneys' fees. Each day any violation of this chapter occurs or continues to exist shall constitute a separate violation and may be subject to a separate civil assessment.
Violation of any provision of this chapter shall be deemed a nuisance and may be abated in the same manner provided by the Town for the abatement of any other nuisance in addition to the provisions of this chapter. In addition to any other remedy provided by law, an appropriate legal proceeding, whether by legal process or otherwise, may be instituted or taken to prevent action, construction, repair, or use, or to restrain, or correct, or abate such violation to prevent any act, conduct or use contrary to the terms of this chapter.
Order for compliance.
Upon failure, neglect, or refusal of any owner, occupier, or agent of such an owner or occupier to comply with the requirements of this chapter within 10 days after receipt of written notice sent by certified mail or registered mail, the Town Manager is authorized to remove the intrusion into the right-of-way.
Whenever the Town effects such a removal or enforces compliance with the terms of this chapter, pursuant to the provisions of this chapter, the actual cost thereof, together with an additional charge of 20% of the actual charge to defray administrative expenses, along with the Town's related costs and expenses, including its attorneys' fees, together with accrued interest at the rate of 6% per annum from the date of completion of the work by the Town, shall be charged to the owner or occupier of such property and the Town may proceed to collect the same as it would any other obligation due the Town.