[Amended 7-11-2008]
The office of Zoning Administration of the Town
of Henlopen Acres is hereby created and the same shall be filled by
persons appointed or retained by the Commissioners of Henlopen Acres
for such term and at such salary or remuneration and with such qualifications
as the Commissioners of Henlopen Acres shall likewise determine.
[1]
Editor's Note: Former § 130-33, Qualifications
of Zoning Inspector; supervision, as amended 5-4-1974, was repealed
7-11-2008.
[Amended 7-11-2008]
It shall be the duty of the Town Manager and
such other persons designated by the Commissioners to enforce the
provisions of this chapter.
[Amended 7-11-2008; 10-8-2010]
The application for a zoning certificate and the accompanying site plan, as defined in § 43-5K, Site work, shall contain all information necessary to ascertain whether the proposed building and use comply with the provisions of this chapter. A site plan shall be submitted for approval which shall indicate the proposed storage areas for construction materials and the location of temporary structures as required by § 130-15 of this chapter. The application shall also provide that the owner accepts the responsibility for payment of repairs to damages to Town streets or utilities caused by delivery of construction materials or equipment as well as require the contractor to clean the debris, mud or other materials dropped on the streets by delivery or removal of construction materials.
[Amended 7-11-2008]
No zoning certificate shall be issued until
the Town Manager has certified that the proposed building or alteration
complies with all the provisions of this chapter.
[Amended 7-10-1992; 10-12-2006; 4-21-2006; 7-11-2008; 10-10-2008]
A.
It shall be unlawful to begin the excavation, erection,
construction, reconstruction, extension or structural alteration of
any building or use without first obtaining a zoning certificate therefor.
In every case where an individual water supply or sewage disposal
facility is used, the Town Manager shall not issue the zoning certificate
until the proper state agency has issued an approval of such facilities.
A zoning certificate shall not be issued until a building permit has
been issued by Sussex County. The plans, grading, landscaping, buildings
and accessory uses of any type shall also have to be approved by the
Environmental Approval Committee before a zoning certificate may be
issued.
B.
Any zoning
certificate shall be valid for a period of one year from the date
such certificate is granted; provided, however, that upon application
and for good cause shown, the Town Manager may grant extensions of
three months each for the completion of construction. The Commissioners
may establish a fee for the application for each extension. In addition
to any other fine or penalty provided for herein, there shall be added
an additional penalty of $100 for each day or part thereof that construction
is not completed beyond the expiration date of the zoning certificate
or any extension thereof.
[Amended 7-12-2013]
C.
In addition
to the site plan required in this article, the applicant, with the
written consent of the property owner, shall submit a placement and
location survey, prepared by a registered surveyor, when the foundation
is complete. No further construction shall proceed unless and until
such survey has been submitted and accepted by the Town.
D.
The applicant,
with the written consent of the property owner, shall submit an elevation
certificate, prepared by a registered surveyor, when the roof has
been framed, prior to enclosure, sheathing, papering, or other construction.
No further construction shall proceed unless and until such elevation
certificate has been submitted and accepted by the Town.
[Amended 5-4-1974; 2-14-1998; 10-9-1998]
A.
A complete and comprehensive set of plans and specifications,
showing the nature, kind, shape, height, materials, floor plans, exterior
color scheme, architectural appearance of the building as well as
the grading, landscaping or other details of site development shall
be submitted to the Environmental Approval Committee for its consideration.
B.
The Committee shall have the right to approve or reject
such plans which are not suitable or desirable, in its opinion, for
aesthetic or other reasons, taking into consideration the suitability
of the proposed building or other improvements and/or of the materials
of the building or other improvements which are to be built on the
site and the harmony thereof with the surroundings and the effect
of such building or improvements on the outlook from the adjacent
or neighboring property, and any and all other factors which in the
Committee's opinion would affect the desirability or suitability of
such proposed building or improvements in the district.
C.
The architect/designer, with the written consent of
the property owner, shall certify that the plans conform to the requirements
of the latest edition of the Town Building Code.[1]
[Amended 7-9-1999 by Ord. No. 99-1; 8-30-1999; 7-14-2006; 7-11-2008]
D.
There shall be a review fee for the review of the
plans and specifications required by this section and this chapter,
said fee to be established by resolution of the Commissioners from
time to time.
E.
As part of the application for a proposed accessory
structure and/or use, the applicant shall supply the names and addresses
of property owners adjacent to the subject property. The Town Manager
shall give notice of the application by certified mail, return receipt
requested, to the adjacent property owners at least 14 days prior
to the Environmental Approval Committee meeting at which said application
will be considered.
[Added 10-14-2005]
[Amended 1-10-2003]
Nothing contained in this chapter shall be construed
or considered as requiring any person to make application for or obtain
a certificate in order for such person to make usual or necessary
repairs to any existing building or structure, provided that the words
"usual" and "necessary" repairs shall not be construed or considered
to include:
A.
Any addition to the existing structure.
B.
Any change in the architectural elements or external
facing of the structure.
C.
Any structural change.
D.
Any alteration in any existing building or structure.
E.
The reconstruction or replacement of any existing
building or structure which may have been destroyed in whole or in
part by fire, storm, catastrophe or by owner's or owner's agent's
choice.
[Amended 10-12-2001; 7-11-2008]
Upon completion of construction, application
shall be made to the Town Manager for an occupancy certificate. Such
certificate shall show that the property and the proposed use thereof
are in conformity with the provisions of this chapter. It shall be
unlawful for any property owner to use or permit the use of his property
prior to completion of construction and prior to obtaining an occupancy
certificate. Prior to issuance of an occupancy permit, the applicant,
with the written consent of the property owner, shall submit a placement
and location survey prepared by a registered surveyor showing the
actual final structure. No occupancy certificate shall be issued until
such survey has been submitted and accepted by the Town.
All zoning certificates and occupancy certificates
are revocable, subject to continued compliance with all requirements
and conditions.
[Amended 2-27-1976; 8-7-1981; 1-13-1984; 7-9-1999 by Ord. No. 99-1]
Such application for a zoning certificate shall
be accompanied by a fee as established from time to time by resolution
of the Commissioners of Henlopen Acres.
