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]
[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.
