[HISTORY: Adopted by the Levy Court of Kent County 7-29-1997 by Ord.
No. 97-13. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 105.
The Kent County Drainage Code applies to stormwater drainage within
the unincorporated areas of Kent County.
A.
To protect persons and property from serious harm and
significant damage from flood.
B.
To assure that developments are designed and constructed
with drainage adequate to prevent flooding that will cause serious personal
harm or property damage and approved by the appropriate agencies.
C.
To minimize maintenance of proposed drainage projects.
D.
To control soil erosion and sedimentation along the waterways
and ensure conformity with topography so as to create the least erosion potential
for developments.
Maintenance of streams, watercourses and drainage facilities consists
of keeping them open and free flowing to prevent flooding that will cause
serious personal harm or property damage.
A.
On-street. Maintenance of on-street drainage facilities
for public dedicated or owned streets and roads which have been accepted into
the state maintenance system is the responsibility of the Delaware Department
of Transportation.
B.
Subdivision. Maintenance of all drainage facilities and
watercourses within any subdivision which is not completed is the responsibility
of the developer until the drainage facilities and watercourses are accepted
by the residents in the subdivision or by the eventual designated owner.
C.
Private. Maintenance of all drainage facilities and watercourses
originated on and flowing through private property is the responsibility of
the private property owner, unless the maintenance responsibility is assigned
to another entity.
D.
Tax ditches. Maintenance of tax ditches created under
Delaware law is the responsibility of the individual tax ditch organization.
A.
No person, corporation or other entity is permitted to
engage in land disturbing activities as defined under the Delaware Sediment
and Stormwater Regulations without an approved sediment and stormwater management
plan from the appropriate plan approval authority and obtaining a permit to
proceed.
B.
Kent County will require an approved sediment and stormwater
permit from the Kent Conservation District prior to the issuing of any building
permit requiring land disturbing activity.
With respect to approved sediment and stormwater plans for new construction
sites, Kent Conservation District will ensure that periodic reviews are undertaken,
implementations accomplished in accordance with approved plans, and the required
measures are functioning in an effective manner.
It will be unlawful for any person, firm or corporations to engage in
any land disturbing activity contrary to the approved plans (Kent Conservation
District, DELDOT, etc.) or to block, impede the flow, alter the course, construct
any structure or deposit any material or thing or commit any act which will
affect normal or flood flow in any communal stream or watercourse or property
or to cause the same to be done, contrary to the provisions of this code.
When there is reasonable cause to believe that a code violation exists,
personnel from the Kent County Division of Inspections and Enforcement and/or
the Kent County Engineering Department are authorized to enter the premises
at any reasonable time to inspect. Prior to entering into a space not generally
open to the general public, there shall be reasonable effort made to locate
the owner or other person having charge or control of the premises and a request
for entry made with presenting of proper identification. If requested entry
is refused or not obtained, the code official shall pursue recourse as provided
by law.
In the event that it is determined that there is a violation or there
are grounds to believe that there is a violation of the provisions of this
code or of any permit issued for a land disturbing activity, notice will be
given to the owner or the person or persons responsible. If the notifying
agency is other than Kent County, a copy of such notice will be sent to the
Kent County Division of Inspections and Enforcement.
A.
Form. The notice will:
(1)
Be in writing.
(2)
Include a description of the property sufficient for
identification.
(3)
Include a statement of the reason or reasons why the
notice is being issued.
(4)
Include a correction order allowing reasonable time for
the repairs and improvements required to bring the property into compliance
with the provisions of this code.
B.
Method of service. The notice will be deemed to be properly
served if a copy is delivered to the owner personally; or sent by certified
or registered mail addressed to the owner at the last known address with return
receipt requested. If the certified or registered letter is returned showing
that the letter was not delivered, a copy of the notice will be posted in
a conspicuous place on the property affected by the notice.
C.
Failure to comply. If the owner or the person(s) responsible
does not comply with the written notice in the time specified, the Kent County
Division of Inspections and Enforcement will be immediately informed and will
issue a stop-work order for the work on the property in violation and proceed
with prosecution of the violation.
D.
Unlawful continuance. Any person who continues any work
on the property after having been served with a stop-work order, except the
work required to correct the violation, will be liable to additional violation
penalties.
A.
In case of any unlawful acts the Kent County Division
Head of Inspections and Enforcement or his designee, any other Code Enforcement
Official or attorney hired by or retained by the county, will bring charges
of any violation(s) in a court of competent jurisdiction of the State of Delaware
in and for Kent County, which court will have original jurisdiction for such
matters.
B.
The owner or owners of any premises, or part of, where
anything in violation of this code is placed or exists, and any architect,
builder, contractor, agent, person or corporation employed in connection with,
who have assisted in the commission of any such violation will be guilty of
a separate offense and upon conviction will be subject to the same fine and/or
imprisonment.
Any person who violates a provision of this code or fails to comply
with any of the requirements of this code will, upon conviction, be guilty
of a misdemeanor and subject to a fine of not less than $100 nor more than
$10,000, or by imprisonment not exceeding 10 days, or both such fine and imprisonment.
The minimum fine of $100 is mandatory and not subject to suspension. Each
day that a violation continues will be deemed a separate offense.
The imposition of violation penalties will not preclude the aforementioned
officials from instituting additional appropriate legal action to prevent
unlawful construction or to restrain, correct or abate the violation or to
stop an illegal act or occupancy of the property.
It is unlawful for the owner of any property who has received a correction
order or has received a notice of violation or a stop-work order to sell,
transfer, mortgage, lease or otherwise dispose of the property to another
until the provisions of the correction order or notice of violation have been
complied with, or until such owner first furnishes the grantee, transferee,
mortgagee or lessee a true copy of any correction order or notice of violation
issued by the code official and furnishes to the code official a signed and
notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging
the receipt of such correction order or notice of violation and fully accepting
responsibility without condition for making the corrections required by the
correction order or notice of violation.
Levy Court shall review this chapter to determine whether or not there
are problems and/or the chapter needs to be updated. This review shall occur
two years from the adoption of this chapter.
The effective date of this chapter shall be September 1, 1997, and this
chapter shall be applied prospectively.
