A. 
An administrative official designated by the City Council shall administer and enforce this chapter. He/She may be provided with the assistance of such other persons as the City Council may direct.
B. 
If the administrative official shall find that any of the provisions of this chapter are being violated, he/she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/She shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
A. 
No building permit shall be issued by the administrative official except in conformity with the provisions of this chapter, the rules, regulations, policies and procedures of the Municipal Services Commission, and all other applicable federal, state, county and municipal laws, ordinances, rules, regulations, orders, policies and procedures relating to the property or development in question, including but not limited to the payment or posting of all applicable fees, deposits, letters of credit and inspections expenses, unless otherwise ordered by the Board of Adjustment. The administrative official shall have the authority, following due notice, to revoke any building permit issued under this chapter should the holder of such permit be in violation of this chapter, the rules, regulations, policies and procedures of the Municipal Services Commission, or any other applicable federal, state, county and municipal law, ordinance, rule, regulation, order, policy or procedure relating to the property or development in question.
[Amended 4-10-2012 by Ord. No. 486]
B. 
No permit shall be issued under this chapter for construction, alteration, removal, demolition or other building operation, nor shall any building, structure, premises, sign or site be erected, constructed, built, created, reconstructed, moved, altered, added to, converted or demolished upon land with respect to which the City Council has given public notice of its intention to submit a proposed amendment of this chapter to the Planning Commission with respect to the change of a zoning classification until official adoption or rejection of the proposed amendment of this chapter or until 100 days from the date of which such proposed amendment was referred to the Planning Commission by City Council, whichever first occurs.
[Added 6-4-1991 by Ord. No. 331]
A. 
All applications for building permits for the construction of a new structure, any addition resulting in a change in the footprint of an existing structure or for any grading, paving or filling which alters the existing topography of a parcel of land shall be accompanied by site plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration, and the lines and grades plan required by Chapter 215 of the Code. All applications for building permits shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter and Chapter 213.
[Amended 2-13-2001 by Ord. No. 396]
B. 
One copy of the plans shall be returned to the applicant by the administrative official, after he/she shall have marked such copy either as approved or disapproved and attested to the same by his/her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official.
[Amended 4-10-2012 by Ord. No. 486]
A. 
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the building or land conforms to the requirements of this chapter. The administrative official shall have the authority to withhold the issuance of any certificate of occupancy due to the violation of this chapter, the rules, regulations, policies and procedures of the Municipal Services Commission, or any other applicable federal, state, county and municipal law, ordinance, rule, regulation, order, policy or procedure relating to the property or development in question, unless otherwise ordered by the Board of Adjustment. Appeals from an administrative decision to withhold a certificate of occupancy under this section maybe presented to the Board of Adjustment.
B. 
No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter, provided that, upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive that the property was in conforming use at the time of enactment or amendment of this chapter. The administrative official shall maintain a record of nonconforming structures and uses from the date of the adoption of this chapter for the purpose of identifying such nonconformities.
C. 
No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy; the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.
D. 
A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
E. 
The administrative official shall maintain a record of all certificates of occupancies, and copies shall be furnished upon request to any person.
F. 
Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under § 230-65 of this chapter.
G. 
The administrative official shall issue a written zoning verification responding to written inquiries relating to the provisions of this chapter. The purpose of the verification shall be to address nonconforming situations, permitted uses, zoning districts and standards. The fee for a zoning verification shall be as set by the City Council from time to time.[1]
[1]
Editor's Note: See Ch. A239, Fees.
[Amended 10-10-2006 by Ord. No. 439; 4-10-2012 by Ord. No. 486; 1-12-2016 by Ord. No. 505]
A. 
Historic review certificate. For any property located in the Historic Residence or Historic Commerce Districts, and for any buildings in the City of New Castle listed on the National Register of Historic Places, an historic review certificate shall be obtained from the Historic Area Commission prior to the issuance of a building permit or certificate of occupancy as required by this chapter and prior to the construction, erection, creation, modification, alteration, addition to, demolition, reconstruction or conversion of any building, structure, premises, signage, or use of a property.
B. 
Historic compliance. Prior to issuance of a certificate of occupancy for any project subject to the requirements of an historic review certificate, a completed project shall be reviewed and inspected by the Building Official. Said review and inspection shall be made to ensure compliance with all conditions of the original historic review certificate.
C. 
Violations. Any person or entity that undertakes to construct, erect, create, modify, alter, make addition to, demolish, reconstruct or convert any building, structure, premises, signage, or use of a property located in the Historic Residence or Historic Commerce Districts, or any buildings in the City of New Castle listed on the National Register of Historic Places, without having first secured a valid historic review certificate shall be in violation of this section. Any person or entity that fails to apply for an historic review certificate within 10 calendar days of being cited by the Building Official or Code Official for the violation of this section shall be subject to a fine of $100 per day for each calendar day that such violation continues or until an historic review certificate is in fact issued by the Historic Area Commission or until the subject property is restored to its prior condition. Any fines imposed pursuant to this section shall represent a lien on the subject real estate and shall be collectible by debt action or monition action, in like manner as delinquent real estat taxes owed to the City of New Castle. If a judgment be rendered in favor of the City in any such action, there shall be an allowance for reasonable attorney's fees and all costs and expenses of litigation entered as a part of such judgment.
[Amended 12-14-2004 by Ord. No. 429; 4-10-2012 by Ord. No. 486; 6-5-2012 by Ord. No. 489; 3-8-2022 by Ord. No. 535]
A. 
Development applications involving a multifamily or nonresidential use shall be accompanied by a site plan for review and approval by the Planning Commission.
B. 
The purpose of a site plan is to ensure detailed compliance with applicable provisions of enacted regulations and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan and shall not be undertaken until the site plan is approved and all required construction permits have been obtained subsequent to such approval.
C. 
Site plan applications shall include the information listed in Attachment 2 to Chapter 230 of the City Code (hereinafter, "Attachment 2"). The Planning Commission may waive any information required in Attachment 2 if it deems the information unnecessary to confirm compliance with this chapter or other federal, state, county or City regulations.
D. 
Incomplete site plans shall be returned to the applicant at the discretion of the Building Official.
E. 
The Planning Commission's review of the site plan shall include, but is not limited to the following considerations:
(1) 
Adequacy and arrangement of vehicular traffic access and circulation, including emergency vehicle access.
(2) 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(3) 
Location, arrangement, size and design of buildings, lighting and signs.
(4) 
Relationship of the various uses to one another and their scale.
(5) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and noise buffer between adjacent uses and adjoining lands.
(6) 
Adequacy of structures, roadways and landscaping in areas susceptible to flooding and ponding or erosion.
(7) 
Compatibility of development with natural features of the site and with surrounding land uses.
(8) 
Adequacy of floodproofing and flood prevention measures consistent with the flood hazard prevention regulations of the City and the Federal Emergency Management Agency.
(9) 
Adequacy of open space for play areas, informal recreation and the retention of natural areas, such as wildlife habitats, wetlands and wooded areas.
(10) 
Adequacy of pedestrian access.
(11) 
Adequacy of public utilities serving the proposed development, including but not limited to water, sanitary sewer, electric, storm drainage.
F. 
The Planning Commission may require additional information that it deems necessary for a complete assessment of the project.
G. 
Site plans shall be prepared and certified by an engineer, architect, landscape architect, or land surveyor duly registered to practice in the State of Delaware.
H. 
Upon receipt of the site plan, the Planning Commission shall review the site plan, soliciting comments from other departments, agencies, and officials as may be appropriate. The site plan shall be approved if it meets the requirements of this section, Attachment 2, other requirements of this chapter and all other federal, state, county and City regulations. Notice of approval or disapproval of the site plan shall be given in writing to the applicant.
I. 
Submission of concept plan.
(1) 
The purpose of a concept plan is for the Planning Commission to informally review the development proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a site plan. The concept plan shall contain the information contained in Attachment 2 to Chapter 230 of the City Code.
(2) 
Except as provided in § 230-46I(3) below, the submission of a concept plan shall be voluntary.
(3) 
For developments that require a preapplication review per Chapter 92 of Title 29 of the Delaware Code, the applicant shall submit a concept plan to the Planning Commission prior to the preapplication review.
(4) 
A site plan requiring a preapplication review shall only be submitted to the Planning Commission once the preapplication review is completed and comments provided by state agencies.
J. 
For a nonresidential use subject to the requirements of § 230-36 of this chapter, the plan shall also include a description of the proposed machinery, operations and products. The applicant shall submit specifications for the mechanisms and techniques to be used in restricting the elements mentioned in § 230-36 of this chapter. The applicant shall submit a written statement acknowledging their understanding of the performance standards at all times. Submitted data will be treated confidentially if the applicant so desires.
K. 
Construction of required improvements.
(1) 
Upon approval of a site plan, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning Commission or appropriate City review and approval agencies.
(2) 
After construction has been completed, inspection of site improvements shall be made by the departments or agencies certifying to the applicable requirements as shown on the site plan.
L. 
Expiration and extension.
(1) 
Approval of site plans shall be valid for a one-year period from the date of Planning Commission approval and shall expire at the end of such period unless building construction has begun.
(2) 
Upon written request by the applicant, within 30 days prior to the expiration of said approval, a one-year extension may be given by the Planning Commission.
M. 
Prior to the Planning Commission taking any action on any site plan application or performance standard submission, the City may require the applicant to execute a written undertaking in form and substance satisfactory to the City, guaranteeing the payment in full of all costs and fees incurred by the City for consultant and professional review of the submitted plans and performance standards. In appropriate cases, the City Administrator may require that the applicant also make a deposit payment or post a surety bond to ensure payment of such costs and fees. The City may withhold issuance of building permits or certificates of occupancy for any multifamily or nonresidential use until such costs and fees of plan performance standard review have been paid in full to the City.
N. 
Approval by City Council of site plans.
(1) 
When the site plan includes establishment of new streets or dedication of land for streets, public ways or public facilities, approval will be by ordinance of City Council, on the recommendation of the Planning Commission, with the advice of the Building Official. The ordinance, upon approval by the Mayor, will constitute approval of the site plan, establishment of the new streets on the City Map or Plan, and acceptance of the dedications provided for in the site plan; provided, however, that acceptance of the dedications shall not expose the City to a liability or obligation for maintenance or repair of streets, but such liability or obligation shall arise only following the Building Official's written acceptance of completion.
(2) 
When the site plan does not include establishment of new streets or public ways or dedication of land for public purposes, approval will be by resolution of City Council on the recommendation of the Planning Commission.
(3) 
When considering approval of a site plan, the City Council may refer the plan back to the Planning Commission, no more than twice, with specific questions relating to technical compliance with this chapter, state or federal constitutional requirements, or any other statute or ordinance for which compliance is required. Upon receipt of the Planning Commission's recommendation reaffirming approval of the plan, City Council shall approve the site plan, unless a second referral is made because of additional questions or concerns. Upon receipt of the Planning Commission's recommendation reaffirming approval of the plan after review of any additional concerns raised by City Council, Council shall approve the site plan.
(4) 
The site plan applicant will promptly file the approved site plan and accompanying documents with the Recorder of Deeds for New Castle County, and inform the Building Official of the exact place of recordation within that office.
O. 
Inspection and supervision during installation.
(1) 
Unless specifically provided in this chapter, the construction standards for all off-site improvements and on-site improvements required by this article shall conform to the approved site plan and City design and construction standards. Appropriate City authorities or designee shall approve the plans and specifications for all required improvements and shall inspect the construction of such improvements to assure conformity thereto.
(2) 
Inspection during the installation of the off-site improvements shall be made by the department or designee responsible for such improvements as required to certify compliance with the approved site plan and applicable standards.
(3) 
The owner shall notify the Building Official in writing three days prior to the beginning of any work shown to be constructed on approved plans.
(4) 
The owner shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent, together with one set of approved plans and specifications, available at all times when work is being performed.
(5) 
The installation of improvements as required in this article shall in no case serve to bind the City to accept such improvement for the maintenance, repair, or operation thereof.
(6) 
The City Council may require that the expense of independent inspection and supervision services during installation be borne by the applicant.
P. 
Upon satisfactory completion of required improvements as shown on the approved site plan or a section thereof, the developer shall submit to the Building Official four copies of the as-built site plan, certified by the engineer, before occupancy of any building, for the review and approval for conformity with the approved site plan. The as-built site plan shall indicate any deviations from site improvements shown on the final approved site plan.
A. 
If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official, and written notice thereof shall be given to the persons affected.
[Amended 12-9-1997 by Ord. No. 379]
B. 
If the work described in any building permit has not been substantially completed within two years of the date of issuance, unless work is satisfactorily proceeding thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
[Amended 12-14-2004 by Ord. No. 429; 4-10-2012 by Ord. No. 486]
Building permits, certificates of occupancy and historic review certificates issued on the basis of plans and applications approved by the Planning Commission, the Historic Area Commission, and administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed in violation of this chapter and punishable as provided for in § 230-65 thereof.