[Adopted 4-15-1997 (P-5D)]
The Levy Court has the statutory authority to make final decisions
on proposed amendments to the text of the Kent County Zoning Ordinance,
to the official Zoning Map and on conditional uses as specified in
the ordinance.
A. Public hearings.
(1) The purpose of the public hearing is to:
(a)
Provide the opportunity for citizens of the County to present
their comments on requests for approval of ordinance amendments and
conditional use applications; and
(b)
To develop additional facts on the public record.
(2) The time, date, place and substance of the Levy Court's public
hearing shall be advertised 15 calendar days in advance in a newspaper
of general circulation in the County. At least seven calendar days
shall transpire between the last publication date and the date of
the public hearing.
(3) Anyone may be represented at the hearing by legal counsel, although
legal representation is not required.
(4) All interested parties will be permitted to speak. However, redundant
or irrelevant testimony is discouraged and may be ruled out of order
by the President. No one may present testimony without first receiving
permission to speak from the President.
(5) All hearings are recorded on magnetic tape. Therefore, all testimony
must be given at the presentation podium located at the front of the
chamber or other location appropriately designated by the presiding
officer. A written transcript will be prepared by the Clerk of the
Peace and made available to any interested party in accordance with
the policy set forth below. (See "Transcripts").
(6) Any documents or exhibits which constitute a part of an individual's
testimony must be submitted for inclusion in the public record.
(7) All decisions shall be made at a public meeting in accordance with
state law and the adopted Rules of Procedure of the Levy Court of
Kent County, Delaware.
B. Public hearing procedure.
(1) Order of hearing.
(a)
The President calls the public hearing to order.
(b)
The President calls on the County Administrator or designee
to read the Levy Court's public hearing procedure.
(c)
The County Administrator or designee establishes that the hearing
has been advertised as required by law.
(d)
The President identifies each application by number and name
of applicant.
(e)
The President calls for any correspondence submitted in advance
of the hearing to be read into the record by the County Administrator
or designee.
(f)
The President calls for the Director of the Department of Planning
Services or representative to present the application and the recommendation
of the Regional Planning Commission.
(g)
The President accepts testimony from all those who favor the
application.
(h)
The President accepts testimony from all those who oppose the
application.
(i)
The President accepts testimony from all those who neither favor
nor oppose the application, but wish to provide relevant information.
(j)
The President recognizes anyone who wishes to rebut previous
testimony.
(k)
During the receipt of testimony, individual Commissioners may
interrupt the person speaking from time to time in order to ask questions
of clarification, provided he/she is following Mason's Manual
of Legislative Procedure. Others may also wish to do so and will be
given that opportunity after first receiving recognition from the
President.
(l)
Since the proceedings are recorded on magnetic tape, not more
than one person may speak at a time. It may also be necessary for
the Clerk of the Peace to interrupt persons while they are speaking
in order to change the tape. In this way, the complete proceedings
are recorded and there are no voids or gaps in the public record.
(m)
When everyone has had an opportunity to speak, the President
declares the hearing on the application closed.
(2) In the absence of the President, the presiding officer shall conduct
the public hearings.
(3) Additional written or oral testimony may not be presented by the
proponents or opponents of an application after the public hearing
has been closed, except that the Levy Court may request the staff
to develop additional information which would clarify testimony presented
at the public hearing.
C. Decisions.
(1) At the close of the hearing on each application, the Levy Court may
vote on its decision or the Levy Court may table a decision until
the Commissioners have had an opportunity to fully evaluate application.
(2) The Levy Court's decision may be to approve, deny, modify or
table action on the application. If the decision is to modify, said
modification must have the effect of decreasing the probable impact
of the request rather than increasing it.
(3) In the event that the Regional Planning Commission has recommended
that the Levy Court deny an application, the applicant has the obligation
to testify in favor of the application and present reasons why the
Commission's recommendation should not be accepted. If the applicant
or authorized representative is unable to appear and testify in favor
of the application and has not provided the Levy Court with a valid
reason for his absence, the Levy Court must vote to deny the application.
(4) In the event that the Regional Planning Commission has recommended
that Levy Court deny an application, the decision of Levy Court to
approve such application shall require five affirmative votes of Levy
Court members. Should one or more Commissioners be unable to vote
because of absence or conflict of interest, then four affirmative
votes shall be required. The decision on all applications shall require
four affirmative votes to carry the motion unless a higher vote is
required by this subsection, or other applicable rule, ordinance or
statute.
(5) If an application to rezone property or to amend the text of the
Zoning Ordinance is denied, that application or one substantially
like it will not be reconsidered sooner than one year from the date
of said action. However, a conditional-use application which is denied
may be resubmitted as a new application at any time.
(6) The Levy Court's decision will be placed in written form and
delivered to the applicant within a reasonable period of time. The
Levy Court's decision will also be advertised in a newspaper
of general circulation in the County.
[Adopted 7-9-1991 (P-46)]
The Kent County Department of Community Services has the responsibility
of weed control in all Neighborhood Open Space deeded to Kent County.
Every attempt will be made to cut the weeds once the vegetation reaches
a height of 12 inches. It is assumed that a monthly cutting during
the growing season may be required on certain parcels. This Policy
does not include grading, seeding, fertilizer or mowing normally associated
with park maintenance. The above work is not related to the upkeep
of a Suburban Park Community. The cutting will be contracted out until
such time as the Department is equipped to handle the project.
[Adopted 3-21-1995 (P-59)]
The following criteria shall be applied when considering the
readdressing of any area of Kent County:
A. Rural delivery addresses. All residences and business in the rural
area of Kent County, that use a RD box number system as their address,
are to be readdressed using the mileage system recommended by MSAG
Data Consultants, Inc. or successor method.
B. Manufactured home parks. Each manufactured home park shall be reviewed
and corrective actions made as follows:
(1) If the streets in the park are not named, they must be named.
(2) If the park is using street names and lot numbers with the odd numbers
on one side of the street and the even on the other, the current addressing
system will be kept.
(3) If the streets are named but they are using lot numbers that are
consecutively numbered down one side of the street and back up the
other, the County will contact the park owners or management and offer
to readdress the park using the mileage system.
C. Developments or subdivisions. Each development, subdivision or urban
area is to be reviewed and the following applied:
(1) All streets in the development or subdivision must be named, with
none of the names being a duplicate of another in the area as set
forth in the Kent County Code.
(2) If a logical system exists, with the odd-numbered addresses on one
side of the street and the even on the other, the current addressing
system will be kept.
(3) If the development or subdivision is using the lot numbers that were
submitted to the County on the subdivision plans recorded in the Planning
Services Office, for street addresses, or some atypical numbering
system is employed, the subdivision shall be readdressed using the
mileage system adopted by the County.
[Adopted 4-9-1996 (P-60)]
The following procedures shall be used by the Department of
Planning Services to review subordination agreements associated with
the Community Development Block Grant (CDBG) and Housing Preservation
(HPG) Programs:
A. The Department of Planning Services shall:
(1) Review the rehabilitation recipient's file to determine the
original amount of rehabilitation mortgage(s) and amortized balance(s).
(2) Request and verify the following documents from the lender or owner:
(a)
Amount of loan request and the required lien position.
(b)
Lien search (completed by an independent source).
(c)
Amount of homeowners insurance (verified through the insurance
company).
(d)
Property appraisal (completed by an independent appraiser; County
assessment valuation may be used in lien of appraisal).
(e)
Purpose of loan (i.e., bill consolidation, property improvement,
property assessments in arrears, etc.).
(3) Establish the property loan to value percentage. The debt load against
the property cannot exceed 90% of the current property value, as determined
by the appraisal or County assessment. The debt load shall include
all recorded liens, the proposed loan amount, and the balance of the
rehabilitation mortgage(s).
(4) Establish that all town and/or County taxes and utilities are paid
in full; and verify that any arrears amount(s) will be paid at the
time of settlement and that they will be paid by the lender and not
be dependent upon the property owner.
(5) Establish that the homeowners insurance is in force and in an amount
sufficient to cover the property debt load.
(6) Establish current and proposed listing of liens.
B. An Adjustment to Mortgage Agreement Project Summary form shall be
prepared to document the above information.
C. If the proposed subordination agreement meets the above conditions
and there are no mitigating circumstances, the request would receive
a "recommendation to execute." The subordination agreement will then
be forwarded to the County Administrator for execution. Any circumstance
that would place the request outside of the above conditions will
require Levy Court review.
[Adopted 11-23-2010 (P10-06); amended 6-12-2012 (P12-01)]
This Policy establishes guidelines for instances when new construction
(principal structure, accessory structure, or addition) is completed
by a previous property owner without appropriate permits and inspections
and without the knowledge of the current property owner.
A. Whenever it is determined that new construction was completed by
a previous property owner without applicable permits and inspections
and without the knowledge of the existing property owner, a building
permit shall be secured but no associated permit fees or surcharges
shall be charged. The existing property owner shall be required to
sign an affidavit certifying that he or she has no knowledge of the
improvement being made without a building permit. Conversely, when
new construction is completed by a current property owner without
applicable permits and inspections, a building permit shall be secured
and the applicant shall be subject to all applicable fees, including
the "after-the-fact" fee established in the Kent County Fee Ordinance.
B. If the approximate date of construction can be determined, such construction
shall be permitted and inspected according to the building codes in
effect at the time of construction. If the date of construction cannot
be determined, Inspection & Enforcement staff shall use their
professional judgment to determine that the new construction meets
applicable life/safety standards.
C. If such improvement is not compliant with the applicable area and
bulk regulations of Chapters 205, Zoning, and 187, Subdivision and
Land Development, it shall be considered legal nonconforming and not
require alteration, relocation, variance, or waiver.
D. This Policy shall become effective immediately upon adoption by Levy
Court.