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Town of South Bethany, DE
Sussex County
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Code
New Laws (1) Index
[Amended 2-8-2002 by Ord. No. 106-01]
The provision of this chapter and decision by the Board of Adjustment shall be administered by the Code Enforcement Constable or Town Manager and enforced by him and other Town officials, including the Police Department. The Code Enforcement Constable or Town Manager may be provided with the assistance of such other persons as the Town Council may direct. His duties shall include inspecting premises and authorizing construction thereon.
[Amended 9-8-1995 by Ord. No. 50-95; 3-9-2001 by Ord. No. 93-00; 2-8-2002 by Ord. No. 106-01; 12-12-2008 by Ord. No. 146-08; 12-10-2010 by Ord. No. 155-10; 11-9-2012 by Ord. No. 166-12; 3-14-2014 by Ord. No. 171-13]
A building permit shall be issued only in accordance with the following provisions and shall include granting permission for the Town Manager or his designee to enter and inspect the premises, as needed, prior to granting or revoking a certificate of occupancy and to inspect other improvements not requiring a Certificate of Compliance/Occupancy for the purpose of confirming compliance with this chapter.
A. 
Construction; permit required.
(1) 
A building permit shall be required for all proposed construction and other development, as defined in § 145-3, including the placement of manufactured homes within the special flood hazard area, those areas shown as Zones A or V on the community's Flood Insurance Rate Map; provided, however, that ordinary repairs necessary to remedy normal wear and tear or natural unavoidable decay and to keep the property in good condition shall not require a building permit.
(2) 
No building permit shall be issued for any new construction or alteration of any building or structure or for the replacement of any building or structure or portion thereof destroyed by fire, natural catastrophe or act of God unless the applicant has first obtained and submitted to the Town a building permit from Sussex County Building Department and as may be required by FEMA, DNREC, and/or any other state or federal agency.
(3) 
Effective March 9, 2001, a building permit shall be required to construct, replace, repave, undertake major repairs to paved, driveways and paved sidewalks; neither of which shall encroach in any street right-of-way.
(4) 
Effective March 9, 2001, that portion of any existing paved driveway or paved sidewalk, located within any street right-of-way, which is in need of major repair or replacement shall be permanently removed in its entirety and only after a building permit is obtained.
(5) 
For purposes of Subsection A(3) and (4) above, "major repairs" shall mean repairs to 50% or more of that portion of any paved driveway or paved sidewalk located within any street right-of-way.
(6) 
A building permit shall be required for all renovation/remodeling/alteration, as defined in § 145-3, where the total cost exceeds $500, provided that the following shall not require a building permit, regardless of the total cost, including but not limited to items such as: one-for-one replacement of existing appliances, replacement of existing cabinet doors, replacement of existing built-in furniture, replacement of existing countertops, replacement of existing floor coverings, replacement of existing wall coverings, replacement of ceiling fixtures.
(7) 
Effective January 1, 2009, a permit is required to connect to the central propane system.
(8) 
Effective January 1, 2009, a permit is required to install a geothermal well.
(9) 
A building permit is not required if the value of construction does not exceed $500, unless otherwise required by other sections of this chapter and Chapter 42.
B. 
Plans. If required by the Code Enforcement Constable or Town Manager, plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that it will conform to the provisions of this chapter and all relevant laws, rules and regulations. Plans for any construction shall include a plot plan drawn to scale, by a registered surveyor, showing the location of all easements, drainage facilities, adjacent grades, property lines, proposed structure and flood elevations. Upon completion, a final placement survey, by a registered surveyor, and flood elevation certificate is required.
C. 
Application. If the building permit application is in accord with the provisions of this chapter and all relevant laws, rules and regulations, one copy of the application and supporting papers shall be approved and signed by the Code Enforcement Constable or Town Manager and returned to the applicant. A building permit shall thereupon be issued upon payment of all required fees and shall be displayed prominently on the construction site. One copy of the building permit and one copy of the application, along with all supporting papers, shall be retained by the Town. Should the application be disapproved, the reasons therefor shall be set forth on the application form, signed by the Code Enforcement Constable or Town Manager, and returned with all supporting papers to the applicant.
[Amended 2-8-2002 by Ord. No. 106-01; 3-14-2014 by Ord. No. 171-13]
A Certificate of Compliance/Occupancy shall be issued in accordance with the following provisions:
A. 
A Certificate of Compliance/Occupancy issued by the Code Enforcement Constable or Town Manager is required prior to the occupancy or use of the structure in accordance with the building code chapter, § 42-10B.
B. 
Issuance of certificate. Upon payment of all required fees, the Code Enforcement Constable or Town Manager shall sign and issue a Certificate of Compliance/Occupancy if the structure conforms to all provisions of this chapter and if the structure conforms with the application for the building permit. The recipient shall be notified at the time of issuance that the certificate is subject to appeal to the Board of Adjustment for a period of 30 days under § 145-58A. One copy of the Certificate of Compliance/Occupancy, along with all supporting papers, shall be retained by the Town. Upon the issuance of a Certificate of Compliance/Occupancy, the building permit to and for which the certificate applies becomes void. Additions, alterations or other modifications to original building plans shall require a new building permit.
C. 
Revocation of certificate. The Code Enforcement Constable or Town Manager may revoke any outstanding Certificate of Compliance/Occupancy if the structure or its use violates any provision of this chapter.
A rental license shall be denied for any residential or commercial property which is in violation of any provision of this chapter. The reasons for such denial, including the specific applicable provisions of this chapter, shall be set forth on the rental license application which shall thereupon be returned to the applicant.
[1]
Editor's Note: Former § 145-71, Periods of prohibited construction, as amended, was repealed 3-14-2014 by Ord. No. 171-13.
[Amended 9-8-1995 by Ord. No. 50-95; 2-8-2002 by Ord. No. 106-01; 10-14-2022 by Ord. No. 209-22]
Violation of the provisions of this chapter shall be subject to a civil penalty of $100 per violation, plus court costs. Whenever a person shall have been notified in writing, certified mail, return receipt requested, by the Code Enforcement Constable or Town Manager or other Town official or by service of a summons of a violation of this chapter, each day of continued violation shall be considered as a separate offense. The owner or his agent of any building or structure and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains any such violation may each be subject to the civil penalties herein provided.
[Amended 2-8-2002 by Ord. No. 106-01; 10-14-2022 by Ord. No. 209-22]
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the appropriate municipal authority, in addition to other remedies, may institute any appropriate legal action or proceeding to prevent or abate such violation. In this event, the Town shall be entitled to collect from the offending party or parties the Town's reasonable legal fees as part of any judgment or award in a civil action brought to restrain or enjoin a violation. Civil remedies are in addition to and not in lieu of the penalties provided herein. Any property owner who objects to any decision by the Code Enforcement Constable or Town Manager or other Town official that a building or other structure is in violation of this chapter may have recourse to the remedy provided in § 145-58A of this chapter.