[HISTORY: Adopted by the Mayor and Council
of the Town of South Bethany 5-14-1991 by Ord. No. 29-91. Amendments noted where
applicable.]
This chapter is authorized by § C-4B
of the Town Charter.
[Amended 2-8-2013 by Ord. No. 167-12]
A.
This chapter is established to prescribe minimum construction requirements
and standards for new and replacement structures in the Town of South
Bethany; to ensure compliance with appropriate federal, state and
county statutes and ordinances; and to ensure a minimum degradation
of citizens' property, peace and tranquility, Town facilities and
the environment.
[Amended 9-8-1995 by Ord. No. 50-95; 6-14-1996 by Ord. No.
55-96; 4-8-2005 by Ord. No. 132-05; 2-8-2013 by Ord. No.
167-12]
Insofar as practicable and applicable, the minimum acceptable standards for materials and construction shall be as specified by the Sussex County Building Code Department, International Building Code (IBC), International Residential Code (IRC), other sections of this chapter, Chapters 45, 50, 141 and 145 of the South Bethany Code, FEMA/NFIP requirements, and the State of Delaware Department of Natural Resources.
[Amended 2-8-2002 by Ord. No. 107-01]
The provisions of this chapter and Chapter 145, Zoning, shall be administered by the South Bethany Code Enforcement Constable or Town Manager and enforced by him/her and other Town officials, including the police. The Code Enforcement Constable or Town Manager may be provided with the assistance of such other persons as the Town Council may direct. His/her duties shall include inspecting the premises.
[Added 11-9-2023 by Ord. No. 213-23]
A.
Authority.
Whenever the Code Enforcement Constable or Town Manager or their designee
finds any work regulated by this code being performed in a manner
contrary to the provisions of this code or in a dangerous or unsafe
manner, the Code Enforcement Constable or Town Manager or their designee
is authorized to issue a stop-work order.
B.
Issuance.
A stop-work order shall be in writing and shall be given to the owner
of the property, to the owner's agent, or to the person doing the
work. Upon issuance of a stop-work order, the cited work shall immediately
cease. The stop-work order shall state the reason for the order and
the conditions under which the cited work is authorized to resume.
C.
Emergencies.
Where an emergency exists, the Code Enforcement Constable or Town
Manager or their designee shall not be required to give a written
notice prior to stopping the work.
D.
Failure to comply. Any person who shall continue any work regarding the cited work/condition after having been served with a stop-work order, except such work as may be necessary to remove the cited violation or unsafe condition, shall be liable to a fine as defined in § 42-16. If a fine is not satisfied within five days, a stop-work order will be issued on the entire site.
[Amended 12-8-2000 by Ord. No. 94-00]
A.
It shall be unlawful to begin the excavation or filling for construction on any lot for any construction of any building or structure, to begin construction of any building or structure or to begin the moving, demolition or alteration of any building or structure until a building permit for such work has been issued. "Structure" includes paved driveways and paved sidewalks. (See § 145-68 for permit requirements.)
[Amended 2-8-2013 by Ord. No. 167-12]
[Amended 2-8-2002 by Ord. No. 107-01; 11-9-2012 by Ord. No.
165-12; 2-8-2013 by Ord. No. 167-12]
Building permits shall be applied for and issued
in accordance with the following provisions and shall include granting
permission for the Code Enforcement Constable or Town Manager, or
designee, to enter and inspect the premises or property:
A.
The applicant shall submit a completed application form including
a detailed description of all proposed construction, a copy of the
required Sussex County building permit (if required), a copy of the
permit from the Department of Natural Resources and Environmental
Control (if required) and permit fee.
B.
For all construction the applicant shall submit:
[Amended 2-13-2015 by Ord. No. 178-14]
(1)
One copy of detailed plans of the proposed construction or improvements
drawn to scale and of sufficient clarity and detail to indicate the
specific nature and extent of the proposed work and demonstrating
that it conforms to this chapter and all other applicable codes and
regulations;
(2)
One copy of a survey or plot plan, prepared by a registered professional
surveyor, showing the location of all easements, property and setback
lines, drainage facilities, centerline of street and lot grades, building
and flood elevation and proposed improvements; provided, however,
that the Code Enforcement Constable or Town Manager may waive any
of these requirements in the exercise of their reasonable judgment
based upon the circumstances.
C.
Upon determining that the proposed construction complies with all
requirements, the Code Enforcement Constable or Town Manager shall
sign the application form and return one copy to the applicant with
the original building permit. One copy of the application form, building
permit and all supporting documents shall be retained by the Town.
E.
Anything in this section notwithstanding, no building permit wrongfully
issued in violation of this chapter through error or otherwise shall
create any vested rights in the applicant; and such building permit
shall be voidable by action of the Code Enforcement Constable or Town
Manager.
[Amended 2-8-2002 by Ord. No. 107-01]
If the application submitted proposes work which
does not conform to the requirements of this chapter and other ordinances,
a building permit shall not be issued. One copy of the sketch or plan
shall be returned to the applicant along with a written refusal signed
by the Code Enforcement Constable or Town Manager or other authorized
official. Such refusal shall state the reasons therefor and shall
cite the portions of the ordinance with which the submitted application
does not comply.
[Amended 2-8-2002 by Ord. No. 107-01; 11-14-2014 by Ord. No.
174-14]
Any building permit issued shall be invalid
unless the work authorized by it shall have been commenced within
six months of its date of issue, and all exterior construction, as
well as utilities, shall have been completed within 12 months of the
issuance of the permit. The Code Enforcement Constable or Town Manager
has the discretion to extend this term up to a maximum of 180 days
one time only.
[Amended 9-8-1995 by Ord. No. 50-95; 2-13-2015 by Ord. No. 178-14]
Within the Coastal Floodplain District, a building permit shall not be issued until the requirements of the Town of South Bethany Code, Chapter 145, Zoning, Article XIV, Coastal Floodplain Regulations, Sussex County, and the State of Delaware have been met and all necessary federal and state permits have been issued.
[Amended 2-8-2002 by Ord. No. 107-01; 2-8-2013 by Ord. No.
167-12]
A Certificate of Compliance/Occupancy shall be issued in accordance
with the following provisions:
A.
Upon completion of all construction, unless waived in the exercise
of reasonable judgment based upon the circumstances by the Code Enforcement
Constable or Town Manager, a final placement survey and flood elevation
certificate prepared by a registered surveyor shall be provided with
any other information as may be essential for determining whether
the provisions of this chapter and other applicable codes and regulations
have been met. Following receipt thereof, the Code Enforcement Constable
shall make a final inspection to determine that the construction or
improvements have been made in accordance with the application, the
approved plans, the building permit and the provisions of all applicable
codes and regulations.
B.
Prior to occupancy or use and upon payment of all applicable fees owed to the Town, the Code Enforcement Constable or Town Manager shall sign and issue the Certificate of Compliance/Occupancy. If the Certificate is denied, the recipient shall be notified in writing that the denial may be appealed to the Board of Adjustment within a period of 30 days under § 145-58A.
C.
Upon issuance of the Certificate of Compliance/Occupancy, the building
permit for which the Certificate applies shall become void. Any future
additions, alterations or other modifications to the building or structure
shall require a new building permit. One copy of the Certificate,
along with all supporting documents, shall be retained by the Town.
D.
Revocation of Certificate. The Code Enforcement Constable or Town
Manager may revoke any Certificate of Compliance/Occupancy if the
building, structure or use violates any provisions of this chapter
or any other applicable provision of the Town codes.
[Amended 2-8-2002 by Ord. No. 107-01; 2-8-2013 by Ord. No.
167-12]
It shall be the duty of the Code Enforcement Constable or Town
Manager, who is responsible for the issuance of building permits,
to keep a record of all building permits and certificates of compliance/occupancy
issued, with a notation of all special conditions involved, and file
and safely keep copies of all applications, including sketches and
plans submitted, and the same shall form a part of the records of
the Town of South Bethany and shall be available in the Town Hall
for review by Town officials and the public.
[Amended 8-8-2008 by Ord. No. 142-08]
A.
Fuel-powered portable generators and fuel-powered
and electric air compressors that produce a noise level of greater
than 80 dBA, as measured at a distance of 1M (meter) from the operating
equipment, are prohibited within the corporate limits of the Town
of South Bethany, except pile drivers and commercial welding equipment,
for construction purposes. Exceptions to this prohibition may be approved
by the Town for a limited period of time in the event of emergencies
that affect the electric company. Fuel-powered generators and air
compressors may only be used if electrical service cannot be provided
by the electric utility. Such equipment may only be operated within
the time frames specified by the building permit. The 80 dBA noise
limit also applies to standby emergency generators used to supply
household power during an electrical outage.
[Amended 12-12-2008 by Ord. No. 147-08; 9-10-2021 by Ord. No. 203-21]
B.
No vehicles or portable construction equipment may
be parked on any public property or street within the corporate limits
of the Town of South Bethany except during actual construction. Floating
construction equipment may not be docked, anchored or left unattended
in Town waterways, except as authorized below.
(1)
Such vehicles or portable equipment may be parked
on private property or docked in Town waterways adjacent to such property
only during such time as a valid permit for construction requiring
such equipment is in effect for said property and for the minimal
reasonable time for which such equipment is required. Such permit
shall be prominently displayed on the property.
(2)
Any person operating, driving or moving any such vehicle
or portable equipment on any street, highway, waterway or private
property within the corporate limits of the Town of South Bethany,
in conformity with state law, shall be liable for all damage sustained
thereto. Whenever such person is not the owner of such vehicle or
equipment but is operating, driving or moving the same with the express
or implied permission of said owner, the owner and/or the operator,
driver or mover shall be jointly and severally liable for any such
damage.
[Amended 2-8-2013 by Ord. No. 167-12]
Commercial trailers used for storage of tools, equipment, and
materials, or used as a temporary office during and in connection
with the construction may be parked on the property on which construction
is in progress. Said trailer shall be removed prior to issuance of
a certificate of compliance/occupancy.
[Amended 7-12-1996 by Ord. No. 57-96; 2-8-2002 by Ord. No.
107-01; 2-8-2013 by Ord. No. 167-12]
One sign may be permitted for all building contractors, one
for all professional firms and one for all lending institutions involved
in the construction, enlargement, reconstruction or repair of a structure.
Each such sign shall not exceed six square feet in area. Only freestanding
signs are permitted. The height of each sign shall not exceed three
feet in height. Each sign shall be removed upon completion of the
project and prior to issuance of the certificate of compliance/occupancy.
[Added 6-8-2001 by Ord. No. 98-01; amended 2-8-2013 by Ord. No.
167-12]
A.
Prior to the start of construction, the permittee shall install a
silt fence in accordance with Standard Detail 19 of the Sussex Conservation
District. The silt fence shall extend along all side and rear property
lines.
B.
Within three days of completion of the footing or piles, the permittee
shall install a stabilized construction entrance in accordance with
the standard detail maintained by the Code Enforcement Constable.
C.
Any excess materials, mud, etc., or other debris that is tracked
on the roads shall be removed daily.
D.
Both the stabilized entrance and the silt fence shall be maintained
throughout the project, but shall be removed prior to issuance of
the certificate of compliance/occupancy and only after all final grading
and stabilizing ground cover is in place.
E.
The use of any property, other than the construction site itself,
for construction or other related activities shall require the advance
written approval of the affected property owner. Restoration and cleanup
shall be in accordance with the applicable provisions of the Town
codes and the owner's approval.
F.
The Code Enforcement Constable may waive any of the requirements
of this section when, in his judgment, the project is of such a nature,
that the ground remains stabilized so that the environmental protection
required by this section is not necessary.
[Added 6-8-2001 by Ord. No. 98-01; amended 2-8-2013 by Ord. No.
167-12]
A.
Within three days of completion of the footing or installation of
the piles, the permittee shall place a transportable rubbish container
on the construction site. This container shall be trailer- or truck-mounted
or may be a commercial roll-off type. A trash enclosure is not permitted.
The permittee must prevent any debris from blowing out of the rubbish
container.
B.
For all construction when water or sewer is disconnected, or the
plumbing fixtures removed, the permittee shall place a portable toilet
on the site.
C.
Both the rubbish container and portable toilet shall be removed prior
to the issuance of a certificate of compliance occupancy.
[Added 2-8-2013 by Ord. No. 167-12; amended 11-14-2014 by Ord. No.
174-14; 11-9-2023 by Ord. No. 213-23]
No construction work shall be conducted between the hours of
5:00 p.m. and 8:00 a.m. by any contractor or property owner. No construction
work shall be performed on any Saturday from May 15 through September
15, or any Sunday or observed federal holiday throughout the year,
other than by owners or their family members working on their own
properties. Emergency repairs may be made at any time. For the purpose
of this section, the definition of "construction" shall include:
B.
Delivery
or pickup of materials, equipment, machinery, rubbish containers and
portable toilets.
C.
Prework
or post-work activities, including but not limited to running of equipment;
operating machinery; mixing of concrete or mortar; assembling or disassembling
of scaffolding; placing or removing ladders; loading, stacking or
unloading of materials.
D.
It shall
be the responsibility of the property owner or his agent to inform
delivery companies of these restrictions. The property owner or his
agent shall be subject to the penalties for violations by delivery
companies.
E.
For purposes
of this section, "owner" is defined as and is limited to the person(s)
or entity owning the property and excludes property managers, handymen,
or other for-hire contractors.
[Amended 6-14-1996 by Ord. No. 56-96; 12-8-2000 by Ord. No.
94-00; 2-8-2002 by Ord. No. 107-01; 4-8-2005 by Ord. No.
132-05]
A.
No permit, certificate of special exception or variance
shall be issued unless or until the required costs, charges, fees
and expenses as required have been paid in full, nor shall any action
be taken on proceedings before the Board of Adjustment unless or until
the required costs, charges, fees and expenses have been paid in full.
Such fees shall be as set by resolution of the Town Council and are
available in the Town Office.
[Added 2-12-1999 by Ord. No. 82-98]
A.
General contractors, and/or the property owner, shall
be liable for the cost of damage to the Town's right-of-way caused
by the general contractor, subcontractors or by delivery vehicles
of construction materials, equipment, trash collection containers
and the like. Contractors, and/or the property owner, who are judged
by the Code Enforcement Constable or Town Manager and/or the Public
Works Department to be causing or to have caused or allowed to be
caused such damage (including paved streets and unpaved shoulders)
shall be liable for the cost of repairing such damage.
[Amended 2-8-2002 by Ord. No. 107-01]
B.
Repair of damages to the paved street portion of a
right-of-way shall be completed by the Town, according to Town specifications
and policies, using a contractor from its established list of contractors
and according to a timetable determined by the Public Works Department.
Repair of damages to the unpaved portion of the right-of-way (including
but not limited to shoulders, swales and drainage systems) shall be
the responsibility of the general contractor who caused or allowed
to be caused said damage and who shall restore the right-of-way to
its original condition as specified by the Public Works Department.
C.
The fees charged to contractors for such repairs to
the paved streets will be according to the most recent Town specifications
and policies to be predetermined by the Public Works Department. Payment
of such fees by contractors to the Town will be due immediately upon
the issuance of a statement by the Town.
D.
Contractors shall acknowledge, by signature, as a
condition for receiving their annual license from the Town, their
acceptance of liability of the cost of repairing such damage and the
Town's specifications and policies thereto.
E.
Contractors who are causing or have caused such damage
or who fail to pay repair fees immediately or fail to do restoration
work immediately will be subject to a stop-work order, revocation
of license, court proceedings and/or penalties and fines.
[Amended 9-8-1995 by Ord. No. 50-95; 2-8-2002 by Ord. No.
107-01; 9-10-2021 by Ord. No. 203-21; 11-9-2023 by Ord. No. 213-23]
Violation of the provisions of this chapter
or failure to comply with any of its requirements shall be punishable
by a civil penalty as defined. Whenever a property owner shall have
been notified in writing by the Code Enforcement Constable or Town
Manager or other authorized Town official that the person is violating
a specific provision of this chapter, each day that the person shall
continue the violation shall be subject to a civil penalty of $250
for the first offense, which penalty shall increase to $500 for each
subsequent violation, not to exceed $1,000, per continuing violation,
plus court costs. Each day of continued violation shall be considered
as a separate and subsequent offense.
[Amended 9-10-2021 by Ord. No. 203-21]
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter
or of any ordinance or other regulation made under authority conferred
thereby, the appropriate municipal authority, in addition to other
remedies, may institute any appropriate action or proceeding to prevent
or abate such violation. In this event, the Town shall be entitled
to collect from the offending party or parties the Town's reasonable
legal fees and court costs as part of any judgment or award in a civil
action brought to restrain or enjoin a violation.
