Town of South Bethany, DE
Sussex County
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[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany 6-9-1990 by Ord. No. 24-90. Amendments noted where applicable.]
Abandoned vehicles -- See Ch. 130.
This chapter is authorized by § C-4B of the Town Charter.
[Amended 4-10-1998 by Ord. No. 72-98]
No person shall obstruct any of the streets, street rights-of-way, beach access rights-of-way or waterways of the Town by placing thereon any barrier or impediment to the free flow of pedestrian, vehicular or boat traffic. Such barriers or impediments shall include but shall not be limited to boats, building materials, machinery, trash containers, landscaping timbers and pilings, or vegetation. Boats properly moored in the town waterways shall not be considered obstructions.
[Amended 4-8-2004 by Ord. No. 124-04]
Such vegetation shall include but shall not be limited to bushes, flowers, vines, trees, ornamental grasses or other plantings which encroach into any of the streets, street rights-of-way and beach access rights-of-way or more than 2 feet into any of the waterways.
Trees will be allowed to grow to their normal height and breadth, provided that the breadth is kept pruned from the ground to a height of 14 feet over the streets; 12 feet above the street right-of-way (shoulder of the road) within 2 feet of the pavement; 8 feet above the street right-of-way (shoulder of the road) further than 2 feet from the pavement. Trees over beach access rights-of-way are allowed no lower than 12 feet above the ground.
Tree branches more than 2 feet, seaward from the bulkhead, over canals are allowed, but must be no lower than 12 feet above the height of the bulkhead.
Mailboxes in the street right-of-way are allowed, provided they do not encroach over the street pavement.
Flowers, small shrubs, etc. which are in the mailbox "shadow" are allowed, provided they do not block stormwater drainage or the installation of drainage systems. The mailbox "shadow" is defined as 18 inches to each side of the mailbox and no further than the front of the mailbox toward the street.
With the Town Official's approval, plantings and other beautification materials may be placed in the right-of-way directly in front of an owner's property if the right-of-way is wider than 8 feet but only in the portion more than 8 feet from the road pavement. However, planting of trees is not allowed. Approval shall be in writing.
The Town may place trees, plantings, benches or other materials in rights-of-way at the ends of streets and canals for beautification purposes. Property owners directly adjacent to street and canal end rights-of-way may also beautify the end rights-of-way, provided written approval from the Town has been issued.
Items placed in the rights-of-way per Subsection A(4) through (7) above shall not block stormwater drainage or the installation of drainage systems.
The town may rescind approval granted under Subsection A(6) and (7) above as follows:
The property owner fails to properly maintain the beautification.
The property owner sells his property and the new owner does not desire to apply for approval.
The Town determines that another use of the right-of-way is in the public interest.
If removal of the beautification items is required by the Town due to Subsection A(9)(a) and (b) above, the current property owner is responsible for the costs.
If removal of the beautification items is necessitated by Subsection A(9)(c) above, the Town shall have no responsibility to reimburse the property owner for his costs.
All barriers or impediments in the town rights-of-way, when determined to be an obstruction or impediment by the town's official, shall be removed by the violator within 30 days of receipt of the notification sent by certified mail, return receipt requested.
Persons violating the provisions of this chapter shall be subject to a penalty of not less than $25, nor more than $100, plus court costs. Each day of continued violation shall be considered as a separate offense.