[Amended 9-29-2020 by Ord. No. 20-7]
A. 
No building permit shall be issued, nor shall construction be authorized, by the County on lands where a subdivision or land development plan is required to be approved and/or recorded as provided herein until the compliance with this chapter and other applicable provisions regarding the use of any structure or land where a subdivision or land development plan is required to be approved and/or recorded as provided herein has been determined by the Department.
B. 
No building permit shall be issued until either all required improvements have been installed, constructed, or placed for the lot in an acceptable manner to the County or until the applicant or applicant files a performance bond or other guarantee with the County for any incomplete private street or other required improvements. For streets dedicated to public use and intended for state maintenance, applicants shall provide proof of surety filed with the Delaware Department of Transportation prior to a building permit being issued. The bond or other guarantee shall be in an amount and shall contain such terms and conditions as the Director of Planning Services or designee, Director of Public Works, and County Attorney may determine. The effective period of such bond or other guarantee shall not expire until acceptance of the improvement by Kent County.
C. 
At the request of the Delaware Department of Transportation, notes may be placed on subdivision and land development plans providing that building and/or occupancy permits may be withheld pending the completion of specific off-site improvements.
D. 
The required amount of a bond or other guaranty of any applicant or applicant exercising this option shall be 150% of the total estimated cost of required improvements.
E. 
Other forms of surety will not be accepted without the approval of the Director of Planning Services.
A. 
Any owner or agent of the owner of any land located within the jurisdiction of these regulations, who knowingly or with intent to defraud, transfers or sells or agrees to sell or negotiates to sell any land by reference to, or exhibition of or by other use of a plat of land subdivision before such plat has been approved by the Commission and recorded or filed in the office of the Recorder of Deeds shall forfeit and pay a penalty in accordance with Subsection C below. The Levy Court may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or may recover said penalty by civil action in any court of competent jurisdiction.
B. 
Every act or omission in violation of this chapter shall be punishable as provided herein. Where such an act or omission is of a continuing nature, each and every day during which such act or omission continues shall be deemed a separate misdemeanor.
C. 
If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained, or used or any land is or is proposed to be used in violation of this chapter, the County government may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.
D. 
Any person or corporation who violates any of the provisions of this chapter or fails to comply therewith, or with any of the requirements thereof, or who builds or alters any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor or of a civil offense, and shall be liable to a fine of not less than $100 nor more than $1,000 or be imprisoned not more than 10 days, or both, and each and every day such violation shall continue shall be deemed a separate offense. The Director of Planning Services or designee, any other Code Enforcement Official, or attorney hired by or retained by the County shall bring charges of any violation(s) pursuant to this provision in a court of competent jurisdiction of the State of Delaware in and for Kent County, which court shall have original jurisdiction for such matters. The minimum fine of $100 is mandatory and is not subject to suspension or reduction.
E. 
The owner or owners of any building or premises, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof shall be fined and/or imprisoned as hereinbefore provided.