The protection, enhancement and perpetuation
of landmarks, historic districts and archaeological sites is necessary
to promote the economic, cultural, educational and general welfare
of the public, as mandated by the Quality of Life Act, 9 Del. C. § 4951
et seq. Inasmuch as the identity of a people is founded on its past
activities, and inasmuch as Kent County has many significant historic,
archaeological, architectural and cultural resources which constitute
its heritage, these regulations are intended to:
A.
Protect and enhance the landmarks, historic districts
and archaeological sites which represent distinctive elements of Kent
County's historic, archaeological, architectural and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Kent County's attractiveness to
visitors and the support of and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth
and development of the County.
For the purpose of these regulations, the following
words and phrases shall have the meanings as set forth below:
Any construction which increases the height or floor area
of an existing historic resource or adds to it (as a porch, deck or
attached garage).
Construction, replacement or remodeling of an historic resource
resulting in change to the exterior appearance of the historic resource,
but which does not increase the overall dimensions.
The written approval, by the Historic Preservation Commission,
of plans for new construction, addition, alteration, demolition, reconstruction,
rehabilitation, repair, restoration or moving of an individual landmark
or of an historic resource located within a designated historic district.
The destruction, in whole or in part, of an historic resource,
designated either individually or within an historic district.
The Director of Planning Services.
[Amended 9-24-2019 by Ord. No. 19-18]
A scale drawing of the side, front or rear facades of a given
historic resource.
Ground-disturbing activity that, by removing or altering
soils, destroys the relationship of buried resources to the rest of
the site.
Refers to a resource which has significance in the context
of the past development of the County. There is no minimum age limit
applied by the use of the term "historic." In most instances, however,
the term shall apply to an historic resource which is 50 years of
age or older.
A geographically definable area, urban or rural, possessing
a significant concentration, linkage or continuity of sites, buildings,
structures or objects united by past events or aesthetically by plan
or physical development. A district may also comprise individual elements
separated geographically but linked by association or history.
The protection, recognition, rehabilitation, restoration
and reconstruction of districts, sites, buildings, structures and
objects significant in American history, architecture, archaeology,
engineering or culture.
The seven member body created by the Levy Court of Kent County
for the purpose of administering these regulations.
The historic site, building, structure, object, open space
or feature to be found individually or within a related group within
an historic district.
SITEThe location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains an historical or archaeological value regardless of the value of any existing structures.
BUILDINGA structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to an historically-related complex, such as a courthouse and jail or a house and barn.
STRUCTUREA work made up of interdependent and interrelated parts in a definite pattern or organization. Constructed by man, it is often an engineering project large in scale. Examples: porches, decks, railings, fences, screen walls, bridges, lighthouses, towers and other above-grade structures. Included are driveways, sidewalks and other paved surfaces.
OBJECTA material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
OPEN SPACEAn historic resource that is undeveloped land, a naturally landscaped area, a formal or human-made landscape or developed open space significant as a connective link or buffer between other historic resources. Examples: landscape area surrounding a structure, formal garden, woodland.
FEATUREA prominent or distinctive aspect, quality or characteristic of a designated historic district or individual landmark. Examples: landscaped boulevard, brick paving, tree-lined street, decorative brackets, decorative barge boards.
A resource which has significant architectural, archaeological
and/or historical association which has been identified as such by
the Historic Preservation Commission and which has received designation
as such by the Levy Court.
The governing body of Kent County, Delaware.
The list of districts, sites, buildings, structures and objects
significant in American history, architecture, archaeology, engineering
or culture, authorized by the National Preservation Act of 1966, as
amended.
New resources that are to be constructed or placed within
the bounds of an individual landmark or a designated historic district.
Such new construction, because it will play a role in the historic
resource's appearance, shall be compatible with existing historic
resources as determined by the Historic Preservation Commission.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the existing
form and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
The Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings, except as specifically
provided in these regulations, will be used by the Historic Preservation
Commission in assessing the appropriateness of activities which will
affect individual landmarks and historic resources included in a designated
historic district.
The dollars and cents income available to a property owner
from the use or sale of his property, based not on the highest and
best use of the property but on a fair use of the property. If the
return on the investment in the property following regulation is equal
to or greater than the return prior to regulation, considering the
value and cost of improvements, then the return is considered "reasonable."
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or part thereof, as it appeared at a specific period of time.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property that are significant to its historical, architectural and
cultural values.
The maintenance of or return to a state of utility of a historic
resource. Examples: replacement of asphalt roofing, structural repairs,
etc.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
time period by means of the removal of later work or by the replacement
of missing earlier work.
The provision of personnel and other resources to the Historic
Preservation Commission for the purpose of administering these regulations.
There is hereby created a commission to be known
as the "Kent County Historic Preservation Commission."
A.
Membership.
(1)
The Historic Preservation Commission shall consist
of seven members to be appointed by the Levy Court. Four of the members
shall be selected from one of the following groups:
(a)
A registered architect;
(b)
A member of the Kent County Regional Planning
Commission;
(c)
An historian;
(d)
A resident of an historic landmark or an historic
district;
(e)
An individual having demonstrated significant
interest in and commitment to the field of historic preservation evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation or other
serious interest in the field;
(f)
A licensed real estate broker; or
(g)
An attorney.
(2)
All members shall have a known interest in historic
preservation and architectural development within Kent County.
B.
Historic Preservation Commission members shall serve
terms concurrent with the terms of the appointing Levy Court Commissioners.
C.
Vacancies shall be filled by the Levy Court according
to the original selection as foresaid. Vacancies occurring in the
Historic Preservation Commission, other than expiration of term of
office, shall be filled by appointment by the Levy Court, but such
appointment shall be only for the unexpired portion of the member
replaced.
D.
Members may serve for more than one term, and each
member shall serve until the appointment of a successor. New appointments
shall be made within 60 days of the expiration of a term.
E.
Members shall be compensated according to their bylaws.
F.
A majority of the Historic Preservation Commission
shall constitute a quorum for the transaction of business. Four members
shall constitute a majority.
G.
The Historic Preservation Commission shall elect a
Chairperson and Vice Chairperson and adopt bylaws providing for its
organization and conduct of business. The Historic Preservation Commission
shall meet at least quarterly on the third Wednesday of the month
and as needed monthly to review nominations for designation and applications
for certificates of appropriateness. The Director or his designee
shall serve as Secretary to the Historic Preservation Commission.
All official business shall be transacted according to the Commission's
Bylaws.
[Amended 7-9-1991 by Ord. No. 91-11; 9-24-2019 by Ord. No. 19-18]
H.
The Historic Preservation Commission shall receive
staff support from the County as assigned by the Director. The support
staff shall provide administrative, clerical, research and other appropriate
support to the Historic Preservation Commission. Support staff personnel
shall consist of at least one historic preservation planner.
[Amended 9-24-2019 by Ord. No. 19-18]
I.
All meetings of the Historic Preservation Commission
shall be open to the public, and any person shall be entitled to appear
and be heard on a matter before the Historic Preservation Commission
before it reaches its decision [(29 Del. C., Chapter 100, § 10004(a)].
The Historic Preservation Commission shall keep a record, which shall
be open to the public view, of its resolutions, proceedings and actions.
[29 Del. C., Chapter 100, § 10004(f)1.]
J.
In the case of any reorganization of the Department
of Planning Services, Division of Planning, or other related agencies,
these regulations shall continue to be in effect and shall be administered
by an appropriate office, as designated by the Levy Court.
The Historic Preservation Commission established
by these regulations shall have the following duties and powers:
A.
Make recommendations to the Levy Court concerning
proposed changes to these regulations in the form of text additions,
deletions or revisions.
B.
Make recommendations to the Levy Court concerning
the creation or deletion, expansion or contraction of historic district
boundaries and the addition or deletion of designated individual landmarks.
C.
Review plans and applications for all permits required
by the County for construction, alteration, repair, moving or demolition
affecting the exterior appearance of an individual landmark, an historic
or nonhistoric structure within an historic district or the integrity
of an archaeological site. The Historic Preservation Commission (or
the Levy Court in the case of a successful appeal) shall authorize
the Director to issue a certificate of appropriateness upon approval
of submitted applications. The Historic Preservation Commission may,
upon approval of written guidelines, authorize the Director or other
staff support to issue certificates of appropriateness for plans involving
minor alterations, additions or repair of historic resources; review
all applications for permission filed with the Department of Planning
Services, Division of Planning; or when present County codes do not
otherwise require the acquisition of a permit for construction, alteration,
repair, moving or demolition affecting the exterior appearance of
an individual landmark or historic or nonhistoric structure within
an historic district.
[Amended 7-9-1991 by Ord. No. 91-11; 9-24-2019 by Ord. No. 19-18]
D.
Review all plans, permits and rezonings involving
parcels adjacent to an individual landmark, historic district or archaeological
site to assess the impact upon the contextual integrity of the landmark,
district or community. The Commission shall have the authority to
make additional mandatory recommendations through the Development
Advisory Committee.
E.
Review all properties that have condemnation orders
posted by the County Enforcement Officers, as directed by the Kent
County Zoning Chapter.
F.
Recommend rules and regulations as necessary for the
conduct of its business.
G.
Recommend the adoption of the National Park Service
National Register of Historic Places evaluation criteria for the identification
of significant historic, architectural, archaeological and cultural
landmarks and historic districts and for the delineation of historic
districts.
H.
Recommend the adoption of the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings for guidance in reviewing applications for certificates
of appropriateness.
I.
Conduct surveys of significant historic, architectural,
archaeological and cultural landmarks and historic districts within
the County.
J.
Increase public awareness of the value of historic,
archaeological, cultural and architectural preservation by developing
and participating in public education programs.
K.
Review all proposed National Register nominations
for properties within Kent County.
L.
Conduct and/or encourage members to attend educational
sessions at least once a year or, in lieu of this, members shall consult
with the State Historic Preservation Officer pertaining to the work
and functions of the Historic Preservation Commission on specific
historic preservation issues. The State Historic Preservation Officer
will provide orientation materials and training for educational sessions
for the Historic Preservation Commission.
M.
Act as a liaison on behalf of Kent County to individuals
and organizations concerned with historic preservation.
N.
Act in an advisory role to other officials and departments
in Kent County regarding the protection of local cultural resources.
[Amended 7-9-1991 by Ord. No. 91-11; 10-27-1992]
A.
The Historic Preservation Commission may recommend
for designation of an individual property or site as a landmark if
it is listed in or eligible for listing in the National Register of
Historic Places or if, because of a unique location or singular physical
characteristic, it represents an established and familiar visual feature
of the neighborhood.
B.
Recommendation of a group of properties as an historic
district; boundaries of district.
(2)
The boundaries of each historic district and individual
landmark designated henceforth shall be specified in detail and shall
be filed, in writing, in the Department of Planning Services, Division
of Planning, for public inspection. The contents of a historic district
may include areas of nonhistoric development but these shall be included
in the boundary descriptions to account for their impact on the historic
resources within the historic district.
C.
Landmarks and historic districts shall be designated
based on their significance as follows:
(1)
Category I: landmarks and historic districts that
are listed on the National Register of Historic Places;
(2)
Category II: landmarks and historic districts that
are eligible for listing on the National Register of Historic Places
based on the National Register criteria;
(3)
Category III: landmarks and historic districts that
are not eligible for listing on the National Register of Historic
Places but possess significant historical characteristics; or
(4)
Category IV: nonhistoric sites within an historic
district or individual properties which are not worthy of preservation.
D.
The Historic Preservation Commission may nominate
the designation of historic districts and/or landmarks at their own
initiative or upon a request from any person, group or association.
The Historic Preservation Commission shall forward a recommendation
for designation to the Levy Court. The Levy Court shall hold a public
hearing on the designation. Upon approval by the Levy Court, the President
of the Levy Court shall be authorized to sign the designation of historic
districts and landmarks.
A.
Nominations for designation as a landmark or an historic
district must be in the form of a nomination form and must be accompanied
with certification of approval of the nomination by the property owner.
The support staff will determine, when the application is filed, if
the nomination has basis to be forwarded to the Historic Preservation
Commission for a recommendation. Such a determination will be based
on the National Register of Historic Places evaluation criteria.
B.
Once a nomination has been forwarded to the Historic
Preservation Commission for a recommendation, notice of the proposed
designation shall be published at least once in a newspaper of general
circulation at least 15 days prior to the date of the public hearing.
In addition, notice shall be sent by registered mail to the owner
of an individual landmark proposed for designation, describing the
property proposed and announcing a public hearing by the Historic
Preservation Commission to consider the designation.
C.
A proposed designation shall be acted upon by the
Historic Preservation Commission within 45 days from the acceptance
of the completed National Register of Historic Places Nomination Form.
Once the Historic Preservation Commission has issued notice of a proposed
designation, no building permits shall be issued by the Building Inspector
or Division Head of Inspections and Enforcement until the Historic
Preservation Commission has made its decision.
D.
The Historic Preservation Commission shall hold a
public hearing prior to designation of any landmark or historic district.
The Historic Preservation Commission, owners and any interested parties
may present testimony or documentary evidence at the hearing which
will become part of a record regarding the historic, architectural,
archaeological or cultural importance of the proposed landmark or
historic district. The record may also contain staff reports, public
comments or other evidence offered outside of the hearing.
E.
The Historic Preservation Commission shall forward
a recommendation for designation to the Levy Court. The Levy Court
shall hold a public hearing on the designation. Upon approval by the
Levy Court, the President the of Levy Court shall be authorized to
sign the designation of historic districts and landmarks.
[Amended 7-9-1991 by Ord. No. 91-11]
F.
The Levy Court shall forward notice of each property
designated as a landmark and of the boundaries of each designated
historic district to the Kent County Department of Planning Services,
Division of Planning, for recordation. Properties designated shall
be indicated by the code HG for individual landmarks and HG-D for
resources in an historic district within LUMIS (Land Use Management
Information System). In addition, the Bureau of Archaeology and Historic
Preservation of the State of Delaware shall be informed of all designations
and denial of designations.
[Amended 7-9-1991 by Ord. No. 91-11]
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, moving
or excavation of an individual landmark, historic resource within
a historic district, or an archaeological site, nor shall any person
make any material change in the appearance of such a property, its
exterior lighting fixtures, signs, sidewalks, fences, steps, paving
or other exterior elements visible from a public street or alley which
affect the appearance and cohesiveness of the landmark or historic
district, without first obtaining a certificate of appropriateness.
A.
In considering an application for a certificate of
appropriateness, the Historic Preservation Commission shall not consider
changes to interior spaces unless they are open to the public or to
architectural features that are not visible from a public street or
alley. The Historic Preservation Commission's decision shall be based
upon the following principles, consistent with the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible.
(2)
Any alteration of an individual landmark or an historic
resource within an historic district shall be compatible with its
historic character, as well as with the surrounding district, where
applicable.
(3)
New construction shall be compatible with the district
in which it is located.
(4)
Excavation shall be minimized or prohibited in areas
containing designated archaeological sites.
B.
In applying the principle of compatibility, the Historic
Preservation Commission shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the
neighborhood.
(3)
Texture, materials and their relation to similar features
of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, roof
shape and the rhythm of spacing of properties on streets, including
setback.
(5)
The importance of historic, architectural or other
features to the significance of the property.
C.
Regulations and guidelines for the interpretation
of the Secretary of the Interior's Standards, as may be necessary
to further the preservation of significant historic properties and
sites and to assist in reviewing and issuing certificates of appropriateness,
shall be adopted by the Levy Court.
[Amended 7-9-1991 by Ord. No. 91-11]
A.
Prior to the commencement of any work requiring a
certificate of appropriateness the owner shall file an application
for such a certificate with the Historic Preservation Commission.
The application shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
Location and photographs of the property.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings, including relationship to adjacent
properties, if available.
(5)
Samples of materials to be used, if requested.
(6)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination
and a plan showing the sign's location on the property.
(7)
Any other information which the Historic Preservation
Commission may deem necessary in order to visualize the proposed work.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued.
[Amended 7-9-1991 by Ord. No. 91-11]
C.
The Historic Preservation Commission shall approve,
deny or approve with modifications the permit within 45 days from
acceptance of the completed application. The Historic Preservation
Commission shall hold a public hearing on the application, at which
time an opportunity will be provided for proponents and opponents
of the application to present their views. If action is not taken
within the given forty-five-day period, the delay shall constitute
an approval of the application.
D.
All decisions of the Historic Preservation Commission
shall be in writing. A copy shall be sent to the applicant by registered
mail and a copy filed with the Department of Planning Services, Division
of Planning, for public inspection. The Historic Preservation Commission's
decision shall state the reasons for denying or modifying any application.
E.
If the Historic Preservation Commission denies an
application for a certificate of appropriateness, the applicant, if
he so desires, may make modifications to his plans and shall have
the right to resubmit the application, or appeal the decision of the
Historic Preservation Commission to the Levy Court of Kent County,
or he may appeal the Historic Preservation Commission's decision to
the Levy Court on the grounds of hardship.
[Amended 9-24-2019 by Ord. No. 19-18]
All work performed pursuant to a certificate of appropriateness issued under these regulations shall conform to any requirements included therein. It shall be the duty of the Director or his designee to inspect any such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic Preservation Commission, the Director shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect. Upon notification of the violation, the violator shall have 30 days to comply with these regulations before § 205-391 of these regulations shall be enforced.
A.
Nothing in these regulations shall be construed to
prevent the ordinary maintenance and repair of any exterior architectural
feature of an individual landmark or property within a historic district
which does not involve a change in design, material or outward appearance
or the removal or alteration of significant architectural features.
B.
No owner or person with an interest in real property
designated as an individual landmark or included within a historic
district shall permit the property to fall into a state of deterioration
of any exterior architectural feature which would produce a detrimental
effect upon the character of the property itself. Nor shall any designated
property be permitted to fall into such a state of disrepair that
demolition is required, as determined by the Director of Planning
Services.
C.
Individual landmarks and property within designated historic districts shall be maintained in accordance with the requirements of the Kent County Housing Code, Chapter 41, Subchapter II, § 4113, and any other applicable sections (see Appendix I). Repairs to individual landmarks and to resources within historic districts, meant to bring the property into compliance with the Kent County Housing Code, must be approved by the Historic Preservation Commission through the acquisition of a certificate of appropriateness.
A.
Demolition of individual landmark structures or historic
resources within an historic district and deemed by the Historic Preservation
Commission to be of a particular architectural or historical significance
shall be prohibited unless, upon application and hearing, the Historic
Preservation Commission finds that either:
(1)
In the case of commercial property, that prohibition
of demolition prevents the owner of the property from earning a reasonable
return; or
(2)
In the case of noncommercial property, all of the
following:
(a)
That preservation of the structure will seriously
interfere with the use of the property.
(b)
That the structure is not capable of conversion
to a useful purpose without excessive costs.
(c)
That the cost of maintaining the structure without
use would create a financial hardship all in the light of the purposes
and resources of the owner; or
(3)
The Division Head of Inspections and Enforcement determines
that the structure presents an imminent threat or hazard to the health
or safety of adjoining properties or persons.
B.
In the event that upon application and hearing the Historic Preservation Commission shall determine that an exception to the prohibition of demolition exists, the Historic Preservation Commission may, notwithstanding such determination, if it finds that the structure is of unique value, deny permission to demolish; provided, however, that a denial of permission to demolish following a finding under Subsection A(2)(a) or (b) above, and a finding of unique value, shall prohibit demolition for no more than 90 days from the date of the hearing on said application unless, at the expiration of 90 days, adjustments have been made which negate the findings of either Subsection A(2)(a) or (b) above. During this ninety-day period, the Historic Preservation Commission will work to develop, with the owner, an economically feasible plan for the preservation of such structure.
C.
In all cases, the owner is responsible for documenting
the building, structure, object or site according to the standards
set by the Historic American Buildings Survey (HABS) or the Historic
American Engineering Record (HAER). Such documentation shall be prepared
by an individual or organization approved by the Historic Preservation
Commission, in a format to be prescribed by the Commission.
[Amended 9-24-2019 by Ord. No. 19-18]
In order to provide emergency relief to residents
of historic resources that have been damaged or destroyed by fire,
wind, flood or other catastrophe, the owner may request permission
to demolish on the grounds that the structure is no longer habitable
and presents a health or safety hazard. Such a request must be made
within 30 days following the catastrophe. The Director, with a recommendation
from the Historic Preservation Commission, may waive the review process
for a certificate of appropriateness to permit emergency structural
repairs.
As an aid toward cooperation in matters which
concern the integrity of the designated individual landmarks and historic
districts, all state, federal or other public officials shall be requested
to furnish the Historic Preservation Commission, within a reasonable
time, the available maps, plans, reports, statistical or other information
the Historic Preservation Commission may require for its work per
the Quality of Life Act, in 9 Del. C. § 4951 et seq.
A.
Failure to comply with any of the provisions of these
regulations shall be deemed a violation and the violator shall be
liable to a fine of $100, and each and every day such a violation
continues shall be deemed a separate offense.
B.
Any person who proceeds with any exterior alteration,
restoration, reconstruction, demolition, new construction, moving
or excavation of an individual landmark, historic resource within
an historic district or an archaeological site, without obtaining
a certificate of appropriateness, in violation of these regulations,
shall be required to restore the property and its site to its appearance
prior to the violation. Illegal demolitions shall result in denial
of building permits for that parcel for a period of two years. Any
action to enforce this subsection shall be brought by the County Attorney.
This civil remedy shall be in addition to, and not in lieu of, any
criminal prosecution and penalty.
A.
An applicant whose request for a certificate of appropriateness
has been denied may appeal the decision to the Levy Court on the grounds
of hardship. An applicant may appeal interpretations by staff to the
Board of Adjustment. In order to prove the existence of hardship,
the applicant shall establish that:
[Amended 7-9-1991 by Ord. No. 91-11]
(1)
The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible.
(2)
The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return.
(3)
Efforts to find a purchaser interested in acquiring
the property and preserving it have failed.
B.
In order to claim a hardship, the applicant must show
factual financial evidence that the decision of the Historic Preservation
Commission prohibits a reasonable return on the property or devalues
the property. Such evidence shall be in the form of a financial statement,
including appraised value of the property both prior to and following
the enforcement of the regulations. If the appraised value decreases
following regulation, a hardship may be determined to exist.
Any decision of the Historic Preservation Commission
may be appealed by requesting such an appeal to the Levy Court of
Kent County.
