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1
ORDINANCES
TOWN OF BETHEL
PAGE
2
CHAPTER 1
ANIMALS
PAGE
4
CHAPTER 2
BUILDINGS
PAGE
9
CHAPTER 3
MORALS AND CONDUCT
PAGE
12
CHAPTER 4
MOTOR VEHICLES
PAGE
14
CHAPTER 5
NUISANCES
PAGE
16
CHAPTER 6
SOLICITORS
PAGE
18
CHAPTER 7
TREES AND VEGETATION
PAGE
20
CHAPTER 8
SATELLITE ANTENNAE
PAGE
21
CHAPTER 9
LAND USE - INDEX
PAGE
25
CHAPTER 9A GENERAL LAND PROVISIONS
PAGE
41
CHAPTER 9B ZONING
PAGE
45
CHAPTER 9C SUBDIVISIONS
PAGE
73
CHAPTER 9D BUILDING AND SITE DESIGN
STANDARDS
PAGE
77
CHAPTER 10 MARIJUANA
PAGE
79
CHAPTER 11 GARBAGE CONTAINER PLACEMENT
2
CHAPTER 1
ANIMALS
Adopted August 2021
Sec. 1-1.
Manner of keeping animals; procedure; violations.
(a) No person shall keep, maintain, house, or feed any animal (including, without
limitation, feral dogs, feral cats, and skunks) in the Town in such manner as to
become a public nuisance or to disturb the peace, comfort, or health of any
person residing within the Town.
(b) It shall be conclusively presumed that property damage, personal injury, or
deposits of solid or liquid animal waste on streets and lands owned by the Town
that, in any such case, result from a violation of subsection (a) of this Section
shall constitute a public nuisance.
(c) The procedure for complaint, notice, and abatement of any such nuisance shall
be as set forth in Chapter 5, Section 5-2 of these Ordinances.
(d) Any person violating the provisions of this Section shall be assessed a fine in the
amount of $25, and each day that the violation continues unabated shall be
deemed a separate offense. In no event shall the aggregate fine exceed $500.
Sec. 1-2.
Keeping of certain animals prohibited.
No person shall keep within the Town any swine, cow, bull, sheep, goat, horse, or
potbellied pig.
Sec. 1-3.
Keeping of fowl regulated.
No person shall keep within the Town any poultry, fowl, chickens, or roosters
without compliance with this Chapter 1.
Sec. 1-4.
Keeping of vicious animals prohibited.
(a) No person shall keep on his or her premises within the Town any vicious
animal, whether or not owned by such person.
(b) For purposes of this Section 1-4, any animal which habitually (two (2) or more
times) attacks, bites, or otherwise injures any human, dog, or other animal, or
which has a known propensity to attack or bite humans or other animals, is
hereby defined to be a vicious animal.
Sec. 1-5.
Diseased animals.
Every person owning or having under his or her charge within the Town any animal
which such person knows or suspects has been infected by any communicable disease
(including, without limitation, rabies, glanders, or anthrax) shall isolate such animal from
other animals and shall report the existence or suspected existence of such disease to the
State Health Department and to the Council.
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Sec. 1-6.
Property owner may impound animal.
Any person who finds an animal on his or her property to such person's injury or
annoyance shall first contact the animal's owner, if known, and attempt to resolve the
matter amicably. If the animal's owner fails or refuses to retrieve the animal, then the
property owner may:
(a) Remove such animal to a public or private animal shelter, or
(b) Retain possession of such animal and, as soon as possible, notify the Council
and the Brandywine Valley SPCA or other appropriate agency of such custody,
giving a description of the animal and the owner's name, if known. In any such
case, the animal's owner shall reimburse the property owner for the reasonable
cost of the animal's care.
Sec. 1-7.
Disturbing Noises by Animals.
No person shall keep any animal (including, without limitation, dogs, cats, and
roosters) which, by making or causing frequent, habitual, or long-continuing noise, shall
disturb the reasonable comfort or repose of any person in the vicinity. Such noise is
declared to be a public nuisance under Section 1-1 hereof as detrimental to public health
and welfare.
Sec. 1-8.
Advise owner of noisy animal; notify SPCA on failure to abate
Any person disturbed by a noisy animal as described in Section 1-7 hereof shall
advise the animal's owner or custodian of this fact. If the nuisance is not abated, the person
shall then notify the Council (by filing a written complaint with the Town Clerk at the
Town office) and the Brandywine Valley SPCA or other appropriate agency.
Sec. 1-9.
Failure to abate nuisance based on noise.
No owner or custodian of an animal shall fail to abate a nuisance caused by the
frequent, habitual, or long-continuing noise of his or her animal after having been notified
in accordance with Section 1-8. Any person failing to abate such nuisance shall be subject
to the procedure and the fines set forth in Section 1-1.
Sec. 1-10.
Animals running at large prohibited.
No owner or custodian of any animal, including without limitation dogs, cats, cattle,
horses, mules, swine, sheep, goats, geese, ducks, and chickens, shall permit any such
animal to run at large within the Town. To permit any such running at large is hereby
declared to be a public nuisance under Section 1-1 hereof as detrimental to public health
and safety. Any person failing to abate such nuisance shall be subject to the procedure and
the fines set forth in Section 1-1.
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CHAPTER 2
BUILDINGS: PROCEDURES AND HAZARDOUS
STRUCTURES
Adopted August 2021
Sec. 2-1.
Building Code Adopted.
(a) The Building Code(s) in effect for Sussex County, Delaware, from time to time
are adopted by this reference and made part of this Chapter with the same force
and effect as if fully set forth herein. Such Building Code(s), collectively, shall
be the Official Building Code(s) of the Town.
(b) At least three (3) copies of the Building Code shall be kept on file in the office
of the Town Clerk for public inspection and use.
Sec. 2-2.
Building, Permit Required.
(g & h) - Added 11/7/2017
(c & d) - Revised 11/4/2025
(a) No person shall construct, alter, repair, or demolish any building or structure
within the Town limits without first having secured a permit in accordance with
the Town Zoning Ordinance.
(b) Bethel building permits are required for implementation of new construction
and/or modification to existing structures on every lot within the Town limits of
Bethel, in accordance with this Section and, to the extent applicable, Chapter 9A.
Applicants are advised to review all Town Ordinances before implementation of
any construction projects.
(c) When applying for a Bethel building permit for construction of a new house, the
Applicant shall submit to the Town an application that includes relevant plans,
surveys (if available), architectural drawings, blueprints, and estimated costs of
completion. Once the required documentation has been submitted, the Council
(acting either as a body or through a designee appointed by the council) shall
conduct a review of the proposed new construction and determine whether any
changes must be made. Once the Council (acting as a body or through its
designee) gives preliminary approval of the proposed construction, the Town will
provide the Applicant with an approval form to take to the appropriate County
planning office for the County's review and approval. Once the County issues
its new house construction permit, the Applicant shall then return the completed,
approved County permit and all related paperwork to the Town, and the Town
building permit will then be issued. Work on the project may commence once
the Council (acting as a body or through its designee) has issued the Town
building permit.
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(d) For projects other than construction of a new house, the Applicant shall first
apply for a Bethel building permit, and submit the relevant plans, surveys (if
available), architectural drawings, blueprints and estimated costs of completion.
Once the Council (acting either as a body or through a designee appointed by the
Council) has approved the application and issued the Town building permit, the
Applicant shall then obtain any required County building permits. No work on
the project may commence until the Town building permit and copies of all
required Sussex County permits relating to the project are submitted to the Town,
and the Council (acting as a body or through its designee has approved the
Bethel Building permit application, Applicant has paid the required permit fees
and the approved permit is provided to the Applicant and/or their designee.
(e) The Town of Bethel requires Town building permits for all of the following
projects, in addition to the Sussex County building permits mentioned above:
1. All additions to existing buildings.
2. New decks and/or patios, and all increases in deck and/or patio size over
four (4) feet wide.
3. All swimming pools, whether above or below ground (provided that the
applicant furnishes documentation from the Sussex County Building
Department regarding any requirements for fencing and other safety
measures applicable to the permit request).
4. New garages and/or garage additions.
5. Construction of a porch or enclosure of an existing porch for living area,
whether for seasonal or year-round use.
6. Total replacements of roofs on existing buildings when a complete tear-
off is done, regardless of the types of roofing materials used.
7. New windows, doors, or siding, when done in its entirety or for any new
addition.
8. New outbuildings or additions to existing outbuildings.
9. New windmills or changes to existing windmills.
10. New solar panels or changes to existing solar panels, whether for field or
roof-mounted application.
11. All new fences and/or total replacement of fences of all varieties and
replacement material types.
12. Manufactured sheds or any other manufactured buildings placed on any
lot within Town limits.
13. Satellite dish antennas.
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(f) The Town of Bethel requires copies of the following additional permits to be
retained with Town records:
1. All plumbing and electrical permits that may be required by Sussex
County.
2. All DNREC approvals for all new septic systems and planned repairs.
3. All DNREC approvals for new wells.
4. All DNREC approvals for piers or docks.
5. DelDOT Entrance Permits.
(g) Building permit fees payable to the Town are as follows:
1. $25.00 for projects estimated to cost less than $10,000.00.
2. $100.00 for projects estimated to cost between $10,001.00 and
$50,000.00.
3. For projects estimated to cost $50,001.00 or more is calculated at, $2.00
per $1,000 of the estimated total cost.
4. $100.00 for demolition permits.
(h) A demolition permit is required to demolish any structure that exceeds 400
square feet existing within Town limits and is demolished for voluntary
purposes. Each permit request for demolition must be submitted in writing to
the Council at least 20 days prior to the next council meeting. The Council
meets on the first Tuesday of every month. Town Council shall review the
demolition request to determine if the structure in question has any historical
value to the Town. According to Chapter 9A-1.4 - Definitions, historical is
defined as anything that Council, Commission or Board determines is valuable
because it has notable, significant or famous qualities that are rooted in the
Town's past. The Town has thirty days from the date that the demolition request
is brought before the council to respond in writing to the applicant informing of
their decision to approve or disallow the demolition . If demolition is denied,
Council must provide a reason for the denial. The cost for the demolition permit
to demolish any existing structure within Town limits is $100.00. A building
permit must also be obtained for re-construction. Any structure that is re-
constructed with at least 50% more square footage than the previous structure
will be assessed impact fees accordingly. The impact Fees assessed are set forth
in Chapter 9, Table 2 of the code of the Town of Bethel.
Sec. 2-3.
Maintenance of dilapidated building; nuisance.
Maintaining a dilapidated building which constitutes a serious hazard to life or
property on any property located within the Town limits shall be deemed a public nuisance
within the meaning of Chapter 5 of these Ordinances. For purposes of this Chapter, the
term "dilapidated building" shall mean a building that has fallen into partial or complete
ruin or decay for any reason whatsoever, including without limitation structural defects,
disrepair, insect or animal infestation, and uncontrolled tree or plant growth.
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Sec. 2-4.
Building Hazard Inspection Committee; composition; duties.
(a) A Building Hazard Inspection Committee, appointed by the President, shall
consist of no fewer than three (3) members, at least two (2) of whom shall be
elected members of the Council. One (1) of the elected members so appointed by
the President shall be designated chairperson of the Committee.
(b) The Building Hazard Inspection Committee shall investigate reliable
information received by the Council to the effect that any building within the
Town limits is a serious hazard to life or property. By way of clarification, for
purposes of this Chapter, the term "reliable information" shall mean, without
limitation, a complaint signed by a resident of the Town on a form provided by
the Town Clerk and filed at the Town office; personal observation by two or
more members of the Council; and a photograph of the subject building.
Sec. 2-5.
Investigation procedure; report.
(a) Whenever the Council receives any reliable information to the effect that a
building located within the Town limits is a serious hazard to life or property, the
President shall direct the Building Hazard Inspection Committee to investigate
such information and to determine whether the building is a serious hazard to life
or property.
(b) The Committee shall proceed to make its investigation and shall make a written
report to the Council, setting forth the Committee's findings and conclusions
concerning the building, no later than 30 days after the President issues his or her
direction.
Sec. 2-6.
Public hearing; notice; contents.
(a) If, following its investigation, the Building Hazard Inspection Committee
concludes that the building is a serious hazard to life or property, the Council
shall, within ten (10) days after receipt of the Committee's report, issue a notice
to the owner of the building at his or her last known address.
(b) The notice shall set forth the findings and conclusions of the Committee or, in
the alternative, shall attach a copy of the Committee's report. The notice shall
also set a time and date for a public hearing before the Council to afford the
interested parties an opportunity to show cause why the building investigated by
the Committee should not be declared a serious hazard to life or property and
why it should not be ordered demolished. The date of the public hearing shall be
no later than twenty (20) days from the date of the notice. Any notice given
pursuant to this Section shall be sent by certified mail with return receipt
requested.
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Sec. 2-7.
Public hearing; evidence presented.
At the public hearing, the owner of the building shall be entitled to present evidence
why the building should not be declared a public nuisance and why he or she should not be
required to abate the condition of the building.
Sec. 2-8.
Findings of Council; remedial measures or demolition.
(a) Following the public hearing and the presentation by the owner of any evidence,
the Council shall make its findings and conclusions concerning the building. If
the Council finds that the building constitutes a serious hazard to life or property,
but that measures may be taken to remove the dangerous condition and thereby
render the building safe, the findings and conclusions shall specify a time by
which such corrective measures shall be taken at the owner's expense. In his or
her discretion, the owner may comply with Council's direction by demolishing
the building.
(b) If the Council finds that conditions render the building a serious hazard to life or
property and that no corrective measures can be taken to abate the dangerous
condition and render the building safe, the building shall be declared to be a
public nuisance and its demolition shall be ordered by a date certain, no later
than 90 days after the Council issues its direction unless extended by the Council
in its discretion for good cause shown.
Sec. 2-9.
Enforcement of Council findings.
If the owner of the subject building fails to comply with the orders or directions
issued by the Council within the time specified, the Council shall authorize the attorney for
the Town to file suit in a court of competent jurisdiction against such owner and obtain the
necessary court orders to enforce the orders or directions issued by the Council. If the
Town's suit is successful, the owner shall bear the Town's costs of prosecution, including
the fees and costs of the Town's attorney.
Sec. 2-10.
Penalties and violations.
Notwithstanding the provisions of Sections 2-3 through 2-9 of this Chapter, any
person who violates any provision of this Chapter, or who has erected, constructed,
altered, repaired, moved, or demolished a building or other structure in violation of this
Chapter, shall be fined two hundred dollars ($200.00) for each violation.
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CHAPTER 3
MORALS AND CONDUCT
Adopted August 2021
Sec. 3-1.
Drinking intoxicating liquors prohibited under certain conditions.
No person shall be in a drunk or intoxicated condition in or on any place in the
Town that is open to the public. No person shall drink any intoxicating liquors on any
street, highway, or parking lot, or in any motor vehicle not on private property, or upon
private property without the express consent of the owner.
Sec. 3-2.
Solicitation under false pretenses.
No person shall beg or solicit alms or charity under false pretenses in any public or
private space within the Town.
Sec. 3-3.
Regulating and prohibiting unnecessary and disturbing noises; exceptions.
(a) No person shall willfully make or cause to be made any loud, boisterous,
raucous, or unseemly noise or disturbance within the Town to the annoyance of
any other person; provided, however, that nothing contained in this Section shall
restrict or limit the normal use to be made of parks, recreation places, playing
fields, and playgrounds.
(b) No person shall, for commercial purposes, or in connection with any
commercial enterprise, erect or locate any device or apparatus in or on the
exterior of premises owned or occupied by him which, by mechanical or
electrical means, emits any loud sounds or noises, so as to annoy or disturb
passers-by on the street or the general public. The provisions of this Section shall
not apply, in time of emergency, to any announcement or broadcast of any
current events of public interest.
(c) No person shall operate, or cause or allow to be operated, any engine of any
motor vehicle or lawn mower in the Town unless the exhaust therefrom shall be
so muffled, controlled, or insulated that it shall make no noise that will be
harmful or offensive to any of the inhabitants.
(d) No person shall play, use, operate, or permit to be played, used, or operated, any
radio receiving set, musical instrument, stereo, "boom box," phonograph, or
other machine or device for the production or reproduction of sound with louder
volume than is necessary for convenient hearing of the person so playing, using,
or operating such instrument, machine, or device, or in such manner as to disturb
the peace, quiet and comfort of neighboring inhabitants.
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The use or operation of any such instrument, machine, or device between the
hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of 100 feet from the building, structure, vehicle, or place in which it is
used or operated, shall be prima facie evidence of a violation of this section.
Nothing contained in this section shall be construed to prohibit playing by a band
or orchestra in a hall, building, or open air in the Town with a permit from the
Council.
(e) No hawker, peddler, or vendor, whether licensed or unlicensed, shall shout,
announce, or broadcast his or her goods, wares, and merchandise upon a street or
public place in the Town between the hours of 6:00 p.m. and 8:00 a.m. in such a
manner as to be plainly audible at a distance of 100 feet from any residence in
the Town. Any such shout, announcement, or broadcast shall be prima facie
evidence of a violation of this Section.
(f) No person shall, on Sunday at any time and on any other day of the week
between the hours of 6:00 p.m. and 7:00 a.m., operate or use tools or equipment
in conducting any excavation, demolition, erection, alteration, repair, or other
construction which shall make any loud or disturbing noise within 1,000 feet of
any dwelling or business property in the Town, except in case of urgent necessity
in the interest of public safety and then only upon obtaining a permit from the
Town.
Sec. 3-4.
Trespass prohibited; peeping prohibited.
(a) No person shall trespass in or upon premises occupied by another within the
Town limits.
(b) No person shall, while on the property or premises of another, conduct himself
or herself in a manner by which he or she peers or peeps into a window, door, or
any other opening whatsoever.
Sec. 3-5.
Open air burning prohibited without permit; exception.
(a) Subject to subsection (b) of this Section, no person shall burn or set afire any lot
or land, refuse, garbage, waste, or other matter or thing within the Town limits
without obtaining a special permit from the Council.
(b) This Section shall not prohibit the use of outdoor fireplaces or other devices for
the preparation of food, nor the burning of leaves or other dead vegetation,
provided such burning is done in a safe and reasonable manner and an adequate
water supply is available for immediate use in the event of any emergency.
Sec. 3-6.
Abandoned appliances prohibited.
No person shall store or leave in any place accessible to small children within the
Town limits any unused or vacant refrigerators, ice boxes, freezers, or any like devices
used for the preservation of foodstuffs.
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Sec. 3-7.
Junk yards prohibited; defined.
(a) No person shall establish, operate, or maintain, or permit to be established,
operated, or maintained any junk yard within the Town limits.
(b) For purposes of this Section, "junk yard" shall mean a place or establishment
where articles or things that have outlived their usefulness in their original form
are stored or bought and sold, either to be used in their original form or to be
converted into a product or thing of a different kind by some manufacturing or
refurbishing process. For purposes of this Section, by way of clarification, "junk
yard" shall also mean an establishment that conducts yard sales for commercial
purposes.
Sec. 3-8.
Bathing suits or other proper attire required.
No person shall appear on the Town dock, or on the shores of the Broad Creek or
any other body of water within the Town limits, at any time without a bathing suit or other
proper attire.
Sec. 3-9.
Discharge of firearms prohibited; exceptions.
No person shall discharge a firearm within the Town limits, unless in self-defense, a
law enforcement officer in the performance of his or her duty, or a person licensed by the
State to carry a firearm in the execution of his or her normal vocation.
Sec. 3-10.
Violations; fines.
Any person violating any provision of this Chapter shall be subject to a fine in the
amount of $25. Each incident of a violation shall be deemed a separate offense. In no event
shall the aggregate fine for a violation of any provision of this Chapter exceed $500.
Sec. 3-11.
Enforcement; Procedures
The Council or the Alderman, if any, shall be responsible for enforcing the
provisions of this Chapter. A proceeding to enforce any such provision may be
commenced by the filing of a written complaint on the form provided by the Town Clerk
and filed at the Town office. The procedure for notice and abatement of any violation shall
be as set forth in Chapter 5, Section 5-2 of these Ordinances.
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CHAPTER 4
MOTOR VEHICLES
Adopted August 2021
Sec. 4-1.
Traffic Violations.
All automotive and other vehicular traffic, as well as pedestrians on public streets
within the Town limits, shall be governed by the provisions of Chapter 41, Title 21, of the
Delaware Code, as the same may be amended from time to time by the General Assembly
of the State, except to the extent that such provisions have been properly modified or
supplemented by Ordinance duly passed by the Council.
Sec. 4-2.
Abandoned motor vehicles.
All abandoned or inoperable motor vehicles within the Town limits shall be
governed by the provisions of Chapter 44, Title 21, of the Delaware Code, as the same
may be amended from time to time by the General Assembly of the State, except to the
extent that such provisions have been properly modified or supplemented by Ordinance
duly passed by the Council.
Sec. 4-3.
Speed Limits
(Revised 10/3/2023)
Unless otherwise posted, the speed limit on all streets within the Town limits shall
be 15 miles per hour.
Sec. 4-4.
Limitations on Truck Tractors and Commercial Vehicles in Town Limits
(Revised 01/02/2024)
(a) The following terms used in this section shall have the respective meanings
provided in Title 21, Section 101 of the Delaware Code: "commercial vehicle,"
"school bus," "trailer," "truck tractor," and "vehicle."
(b) It shall be unlawful for any person to operate, to drive, to store, to maintain, or
to park any truck tractor, trailer, or commercial vehicle exceeding ten thousand
(10,000) pounds of gross vehicle weight within the corporate limits of the Town,
except Vine Street and that portion of Main Street between the northern Town
line and the Bethel Bridge.
(c) It shall be unlawful for any person to store, to maintain, or to park any school bus
within the corporate limits of the Town. Notwithstanding the preceding sentence,
a school bus may be driven or operated within such limits for the purpose of
dropping off and picking up school children.
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(d) The provisions of this Section shall not apply to the driving, operating, or
parking of any emergency vehicle, nor to the driving, operating, or parking of
repair and maintenance equipment, nor to the driving, operating, or parking of a
truck tractor, trailer, or commercial vehicle for the purpose of making a local
delivery.
(e) Any person violating any provision of this section shall be subject to a fine of
fifty dollars ($50) and shall pay the costs of prosecution. Each day that a
violation of this section occurs shall be deemed to be a separate offense. In no
event shall the aggregate fine exceed five hundred dollars ($500).
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CHAPTER 5
NUISANCES
Adopted August 2021
Sec. 5-1.
Nuisance defined.
For purposes of these Ordinances, the term "nuisance" is defined as any condition of
the Town land, or of the buildings erected thereon, or of the trade or business conducted
therein or thereon, or of unsightly or unsanitary objects or articles collected therein or
thereon, or of animals permitted to live or gather therein or thereon, or of obnoxious odors
arising therein or thereon or therefrom, or any other condition that arises from the
unreasonable or unlawful use by a person of his or her own property, real or personal, or
from his or her improper conduct that works as an injury to the right of the public, and
produces material annoyance, inconvenience, discomfort or hurt, or that is injurious to the
health, or is indecent or offensive to the senses, so as to interfere with a person's
comfortable use or enjoyment of life or property or so as to constitute a menace to the
public health or safety.
Sec. 5-2.
Power of Council to identify and abate nuisances; procedures.
(a) Subject in all respects to the applicable provisions of the Town Ordinances, the
Council shall have full power and authority to enact or adopt resolutions to
identify, prevent, abate, and remove all nuisances at any time existing or deemed
to be contemplated by any property owner or tenant of any property owner,
whether in streets or on sidewalks or in any other public or private place within
the Town, either on its own inspection, or on information given, or on written
complaint of any resident of the Town (on a form provided by the Town Clerk
and filed at the Town office) stating the character and location of such nuisance
and signed by the resident making the complaint.
(b) If Council finds that a nuisance exists, the Council or the Alderman, if any, shall
give notice in writing, signed by the President of the Council, to the person or
persons responsible for the existence of such nuisance, requiring such person or
persons to remove or abate the same. Such notice shall be sent to such person or
persons at his or her last known address by certified mail, return receipt
requested.
(c) If such person or persons fail or refuse to remove or abate such nuisance within
ten (10) days after such notice is given, the Council shall cause such nuisance to
be removed or abated at the expense of the person or persons responsible for the
existence of such nuisance. In aid of its duties hereunder, Council is empowered
to commence legal action against such person or persons in a court of competent
jurisdiction, to enlist the assistance of law enforcement, and to hire third party
contractors.
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Sec. 5-3.
Nuisance damages; fines.
In addition to the fines authorized by other applicable provisions of these
Ordinances, the Council shall determine the amount of costs and damages attributable to
the nuisance in question, and the Council shall prepare and render to the person or persons
responsible for the existence of such nuisance a bill stating such amount, which bill shall
be payable within ten (10) days of its receipt.
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CHAPTER 6
TREES AND VEGETATION
Adopted August 2021
Sec. 6-1.
Supervision of trees.
All trees on the public streets, squares, lanes, and alleys of the Town shall be under
the charge, supervision, and control of the Council. The Council shall regulate such trees
in all respects.
Sec. 6-2.
Enforcement of Chapter.
The Council or the Alderman, if any, shall enforce the provisions of this Chapter in
accordance with their terms.
Sec. 6-3.
Injury to trees or shrubs prohibited.
No person shall break, injure, destroy, cut, or remove any fruit or ornamental tree,
shrub, or plant, planted by authority or maintained with the consent of the Town in any of
the public streets, squares, lanes, and alleys of the Town.
Sec. 6-4.
Pruning and trimming of trees permitted.
Nothing contained in this Chapter shall be construed to prohibit or prevent the
authorized employees or agents of the Council from duly and properly trimming and
pruning any trees, plants, or shrubs in the public streets, squares, lanes and alleys of the
Town.
Sec. 6-5.
Weeds and vegetation; nuisance.
The unregulated growth of weeds, grass, vines, or other vegetation maintained on
any property within the Town limits shall be deemed a nuisance for purposes of Section 5-
1 of these Ordinances, but such unregulated growth shall be investigated, determined, and
remedied in accordance with the provisions of this Chapter.
Sec. 6-6.
Weeds on vacant lots; nuisance.
(a) No owner or tenant of any vacant lot within the Town limits shall allow weeds
to grow over 12 inches in height, or allow rubbish to collect on such lot.
(b) No such owner or tenant shall fail or refuse to remove such weeds or rubbish
after five (5) days notice from the Council to remove such weeds or rubbish, as
provided in Section 6-8.
(c) Any such growth of weeds or accumulation of rubbish shall be deemed a
nuisance for purposes of Section 5-1 of these Ordinances, but same shall be
investigated, determined, and remedied in accordance with the provisions of this
Chapter.
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Sec. 6-7.
Investigation of unregulated growth of weeds or grass.
Upon written complaint filed with the Town Clerk at the Town office by one (1) or
more residents of the Town, or upon a resolution passed by the Council, the Council shall
investigate and determine whether there is unregulated growth, over 12 inches in height, of
grass, weeds, or other vegetation on any property located within the Town limits.
Sec. 6-8.
Weeds and vegetation; notice to remove or remedy.
If, following its investigation, the Council shall determine that there is an
unregulated growth of grass, weeds, or other vegetation over 12 inches in height on any
property located within the Town limits, the Council shall notify the property owner or
tenant, as the case may be, at his or her last known address in writing by First Class mail
(with a certificate of mailing prepared by the Council) and by certified mail, return receipt
requested, to have such unregulated growth cut or otherwise remedied within five (5) days
of the date of delivery of such written notice.
Sec. 6-9.
Failure to remove or remedy; bill for Town costs.
Upon failure of the property owner or tenant to have the unregulated growth of
grass, weeds, or other vegetation cut or otherwise remedied within the time specified in
Section 6-8, the Council may proceed to cause such unregulated growth to be cut or
otherwise remedied. Upon completion, a bill for the costs incurred by or in the name of the
Town shall be delivered to the owner of the property in person or by mail.
Sec. 6-10.
Recovery of costs; procedure.
If the bill so presented by the Council is not paid by the property owner or tenant
within 30 days of delivery, the Council may institute an action in the name of the Town in
a court of competent jurisdiction in the State for the collection of the debt and to collect
the same in the manner provided for collection of judgments in the State.
Sec. 6-11.
Obstruction of vision at street intersections.
At all street intersections within the Town limits, no trees or plants exceeding 2.5
feet in height shall be planted or maintained on any lot. This restriction shall apply to
existing as well as proposed street intersections.
Sec. 6-12.
Violations; fines.
(Revised 04/02/2024)
Any person violating any provision of this Chapter shall be subject to a fine in the
amount of $25. Each incident of a violation shall be deemed a separate offense. In no event
shall the aggregate fine for a violation of any provision of this Chapter exceed $500. The
fines authorized by this Section may be assessed in addition to the remedies provided in
Sections 6-9 and 6-10 of this Chapter.
18
CHAPTER 7
PARKING RESTRICTIONS
Adopted September 2021
Sec. 7-1.
No-Parking Areas.
The Council hereby establishes the following no-parking areas within the Town
limits:
(a) East and West sides of Moore Street from Main Street to end;
(b) East and West sides of Shady Lane from Pine Street to Main Street;
(c) North and South sides of Lewis Street from Shady Lane to Vine Street;
(d) East and West sides of South Street from the corner of Main Street to the Town
Wharf;
(e) East and West sides of Main Street from First Street to the North end of the
Bethel Bridge, except as otherwise provided in Section 7-2; and
(f) There shall be no parking within 25 feet of any street corner.
Sec. 7-2.
Limited Exception to No-Parking Area.
Parking is permitted on the West side of Main Street from First Street to the North
end of the Bethel Bridge during only (a) regular worship services at the Sailor's Bethel
Church, or (b) special services (such as weddings and funerals) or other functions held in
said Church.
Sec. 7-3.
Signage.
The Town shall cause to be posted "no parking" signs that comply with all
applicable State laws at the locations specified in Sections 7-1(a)-(e).
Sec. 7-4.
Violations; Fines.
(a) Evidence of the illegal parking of a vehicle under this Chapter may be furnished
by, among other things, the oral or written statement to a Council member or the
Alderman (if any) by a Town resident who witnesses the illegally parked vehicle,
or a written complaint on a form provided by the Town Clerk and filed at the
Town office, or a photograph of such vehicle taken by a Town resident.
(b) The fact that a vehicle is illegally parked and is in registered in the name of a
person shall be prima facie proof that such person was in control of the vehicle
when it was illegally parked.
(c) Any person violating any provision of this Chapter shall, upon Council's or
Alderman's (if any) confirmation of such violation following a hearing held with
10 days' notice to such person, pay a fine of not less than $25.00 nor more than
$50.00, and shall pay the costs of prosecution.
19
(d) A person charged with a violation of any provision of this Chapter may waive a
hearing and pay a fine of $25.00 to the Town if paid within 10 days of the
violation, or a fine of $50.00 if paid more than 10 days after the violation.
Sec. 7-5.
Discretionary Lifting of Parking Restrictions.
The Council may, in its discretion, temporarily lift or waive the parking restrictions
set forth in Section 7-1 for any Town event or function.
20
CHAPTER 8
SATELLITE DISH ANTENNAS
Adopted September 2021
Sec. 8-1.
General; Definition.
No satellite dish antenna shall be installed, constructed, or erected upon any
residential property within the Town except in conformity with the provisions of this
Ordinance. A satellite dish antenna shall be defined as a combination of a dish, whose
purpose is to receive electronic communications or other television signals from orbiting
satellites; a low-noise amplifier, which is situated at the focal point of the receiving dish
and whose purpose is to magnify and transfer signals; and a cable and appurtenances,
whose purpose is to carry the signal to the interior of a residential structure.
Sec. 8-2.
Permitted Use.
A satellite dish antenna shall be permitted only as an accessory use on a residential
lot that contains a principal structure and for which a building permit has been issued by
the Town.
Sec. 8-3.
Location; Restrictions.
(a) A satellite dish antenna shall be permitted only in the rear yard of the residential
property or on the roof of the principal structure, and no residential lot shall
contain more than two satellite dish antennas.
(b) No satellite dish antenna shall be located closer to the rear property line than the
height of said antenna, nor closer to any side property line than the height of said
antenna. Satellite dish antennas are subject to Town zoning setback requirements
for principal buildings and structures, as set forth in Chapter 9B, Table 3 of these
Ordinances.
(c) No satellite dish antenna shall exceed thirteen (13) feet above ground level if
ground-mounted, or thirteen (13) feet above the roof if roof-mounted.
(d) No satellite dish antenna shall have a surface receiving area greater than twelve
(12) feet in diameter.
Sec. 8-4.
Design and Construction Standards.
All satellite dish antennas shall be designed, constructed, and installed in
compliance with applicable provisions (if any) of the National Electrical Code, the Sussex
County Building Code, and the rules and regulations of the Federal Communications
Commission. The property owner shall certify such compliance to the Town in connection
with the owner's application for the building permit required by Section 2-2(e) of these
Ordinances.
21
CHAPTERS 9A-C
LAND USE PROVISIONS
Adopted October 2017
TABLE OF CONTENTS
Chapter 9A - General Land Use Provisions
ARTICLE 1 - General
9A.1.0 - Application
9A.1.2 - Purpose
9A.1.3 - Interpretation
9A.1.4 - Definitions (Revised 7/2/2017)
ARTICLE 2 - Enforcement and Administration
9A.2.1 - Zoning Enforcement Officer
9A.2.2 - Building Permit Requirement (Revised 7/2/2017)
9A.2.3 - Application for Permit
9A.2.4 - Requirement for Certificate of Occupancy
9A.2.5 - Issuance of a Certificate of Occupancy
9A.2.6 - Fees
9A.2.7 - Expiration of Permits
9A.2.8 - Remedies
ARTICLE 3 - Area Requirements
9A.3.0 - Lot Area, Width, Depth, and Height Requirement
9A.3.1 - Construction Standards (Revised 5/2/2017)
9A.3.2 - Off-Street Parking
9A.3.3 - Streets
9A.3.4 - Impervious Surface
9A.3.5 - Accessory Detached Buildings: Limitations (Revised 7/06/2023)
ARTICLE 4 - Signs
9A.4.1 - Requirement
9A.4.2 - Use and Location Regulations
9A.4.3 - General Restrictions
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ARTICLE 5 - Nonconforming Uses
9A.5.0 - Continuation
9A.5. l - Extension
9A.5.2 - Changes
9A.5.3 - Restoration
9A.5.4 -Abandonment
ARTICLE 6 - Planning and Zoning Commission
9A.6.0 - Planning and Zoning Commission
ARTICLE 7 - Board of Adjustment
9A.7.0 - Board of Adjustment
9A.7.1 - Specific Powers
9A.7.2 - Board Action
Chapter 9B - Zoning
ARTICLE 1 -Zoning District Map
9B.1.0 - Zoning Map
ARTICLE 2 - The Districts
9B.2.0 - Agricultural/Residential (AIR)
9B.2.l - Residential (R)
9B.2.2 - Residential/Commercial (RIC)
9B.2.3 - Commercial (C)
9B.2.4 - Institutional (I)
ARTICLE 3 - Rezoning Procedure
9B.3.0 - Rezoning Procedure 9B.3.1
- Rezoning Basis
ARTICLE - 4 Conditional Uses
9B.4.1 - Purpose and Criteria.
9B.4.2 - Conditional uses may be applied for in all zoning districts.
9B.4.3 - Uses
9B.4.4 - Site Plan
9B.4.5 - Procedure
9B.4.6 - Expiration
9B.4.7 - Revocation
9B.4.8 - Run with Land - Abandonment
9B.4.9 - Fees
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Chapter 9C - Subdivisions
ARTICLE 1 - General Provisions
9C.1.1 - Policy
9C.1 .2 - Planning and Zoning Commission Authority
9C.1.3 - Jurisdiction
9C.1.4 - Amendments
9C.1.5 - Public Purpose
9C. 1 .6 - Enforcement, Violations, and Penalties
9C.1.7 - State Regulations
ARTICLE 2 - Minor Subdivisions
9C.2.0 - Requirements for Minor Subdivisions
ARTICLE 3 - Major Subdivision Submission Requirements
9C.3.0 - Sketch Plan Submission
9C.3.l -Preliminary Plan Submission Requirements
9C.3.2 - Final Plan Submission Requirements
ARTICLE 4 - Major Subdivision Process Procedures
9C.4.0 - Major Subdivision Process
9C.4.1 - Sketch Plan Review
9C.4.2 - Preliminary Plan Documents
9C.4.3 -Review of Preliminary Plan
9C.4.4 - Final Plan Documents
9C.4.5 - Review of Final Plan
9C.4.6 - Enforcement, Violations, and Penalties
ARTICLE 5 - Guarantees of Payment and Completion, Maintenance and Inspections
of Improvements
9C5.0 - General Procedure and Fees
9C.5.1 - Guarantees of Payment and Completion and Maintenance
9C.5.2 - Release of Reduction of Security
9C.5.3 - Maintenance of Improvements
9C.5.4 - Deferral or Waiver of Required Improvements
9C.5.5 - Issuance of Building Permits and Certificates of Occupancy
9C.5.6 - Sun-Setting Provisions; Substantial Completion
9C.5.7 - Revocation and Stop Work Orders
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ARTICLE 6 - Fees
ARTICLE 7 - Re-subdivision and Plan Modification
9C.7.0 - Re-Subdivision of Land
9C.7.1 - Plan Vacation
Table 1
Table 2
Table 3
Zoning District Map Fees
Lot Requirements
25
CHAPTER 9A
GENERAL LAND USE PROVISIONS
Adopted October 2017
ARTICLE 1 - GENERAL
9A.l.0-APPLICATION
The provisions of this Chapter 9A shall apply where applicable to each chapter
within this Land Use Ordinance.
9A. l .2 - PURPOSE
The purpose of this Ordinance is to exercise the authority granted to the Town
of Bethel by State Charter and state law, as amended, to promote the health, safety and
well being of the Town and its citizens and to ensure and enhance the existing historic
Town character through the regulation and restricting of the height, number of stories
and size of buildings and other structures, percentage of a lot that may be occupied,
the size of yards, courts and other open spaces, the density of population, and the
location and use of buildings, structures and land for small business, trade, industry,
residence or other purposes, including:
(a) To protect and provide for the public health, safety and general welfare of the
Town and to preserve the historic character and beauty of Bethel.
(b) To guide the future growth and development of the Town in accordance with
the Comprehensive Plan and the Land Use Ordinance.
(c) To provide for adequate light, air, noise reduction and privacy, to secure
safety from fire, flood and other danger and to prevent overcrowding of the
land and undue traffic congestion.
(d) To protect the social and economic stability of all parts of the Town and
encourage beneficial community development through planning for the
design, timing and sequencing of development, orderly residential and non-
residential growth, adequate public services and facilities, provision of open
space and protection of natural, environmental and cultural resources.
(e) To conserve the value of property throughout the Town, and to minimize
conflicts among the uses of land and buildings.
(f) To protect the natural resources, waterways and topography of the Town.
26
(g) To establish reasonable standards of design for subdivisions in order to further
the orderly layout and compatible use of land and ensure proper legal
descriptions for real property and proper monuments placed on site showing
the boundaries thereof.
(h) To ensure that public facilities and services are available concurrently or
committed and scheduled in coordination with development and will have
sufficient capacity to serve the project and that the community will not be
required to bear more than its fair share of the cost of providing facilities and
services by requiring the applicant to pay fees, furnish land, construct and
dedicate public facilities or land areas and ensure that the developer and/or
development provides its fair share of town-wide capital facilities needed by
the project.
(i) To prevent the pollution of air, streams, and ponds; to assure the adequacy of
drainage facilities; to safeguard the water table and to encourage the wise use
and management of natural resources in order to preserve the integrity,
stability, and beauty of the community and the value of land.
(j) To provide for open space through creative and efficient design m strict
accordance with the dimensional requirements and density control standards
of this Ordinance.
(k) To coordinate the subdivision ordinance with policies and procedures for
annexation and the use of this Ordinance.
(l) To consider and calculate the fiscal impact of new development on the costs
of providing public facilities and services in the review and approval process.
9A.1.3 -
INTERPRETATION
In their interpretation and application, the provisions of this Ordinance
shall be held to be the minimum requirements for the promotion of the public health,
safety, and general welfare. This ordinance shall be construed broadly to promote the
purposes for which it is adopted. It is not intended to interfere with, abrogate, or annul
any other ordinance, rule or statute, or other provision of law except as provided in this
ordinance. Where any provision of this ordinance imposes restrictions different from
those imposed by any other provision of this ordinance or any other ordinance, rule or
other provision of law, the provision which is more restrictive or imposes higher
standards shall control.
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9A.1.4 - DEFINITIONS
(Revised11/7/2017)
ADJACENT - Physically touching or bordering upon; sharing a common
boundary, but not overlapping.
ACRE - A measurement of land area equivalent to 43,560 square feet.
ADEQUATE PUBLIC FACILITIES - Facilities determined to be capable of
supporting and servicing the physical area, density of development and designated
requirements of the proposed subdivision as determined by the Town Council based
upon specific levels of service.
ADJUSTED TRACT AREA (ATA) - The total area of an Applicant's site minus
subareas occupied by wetlands, floodplains and any land with a slope of 15% or
greater.
ADMINISTRATIVE OFFICIAL - An Administrative Official is an individual acting
on behalf of the Town to implement Town Ordinances; it does not include Town
Council, the Commission or the Board.
ALTERATION, STRUCTURAL - Any change in either the supporting member of a
building, such as load bearing walls, columns, beams, and girders, or in the
dimensions or configurations of the roof or exterior walls.
APPLICANT - The owner, developer, sub-divider of land proposed to be subdivided,
zoned or developed or the owner's representatives who shall have express written
authority to act on behalf of the owner. Consent shall be required from the legal owner
of the premises or any landowner or agent of a landowner who makes or causes to be
made an application for approval of a subdivision plan.
BOARD - Board of Adjustment for the Town of Bethel.
BUILDING - Any structure having a roof supported by columns or walls intended for
the shelter, housing, or enclosure of any individual, animal, process equipment, goods,
or materials of any kind.
BUILDING, ACCESSORY - A subordinate structure on the same lot as a main
building in which is conducted a use that is clearly incidental and subordinate to the
lot's principal use.
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BUILDING, ACCESSORY DETACHED - These uses may occur directly on or
adjacent to any property line and may include any landscape, fencing or shed that is
less than 400 square feet.
BUILDING, ACCESSORY FIXED - These uses must occur at least 10 feet from any
property line and may include any structures such as sheds / garages with an area
larger than 400 square feet and are permanently affixed to the lot through either
industry accepted anchoring techniques or with a hardened stone or concrete
foundation.
BUILDING, MAIN OR FIXED - A building in which is located the principal use of
the lot on which it is located.
BUILDING HEIGHT - The vertical distance from finished grade to the top of the
highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the
average distance between the eaves and the ridge level for gable, hip, and gambrel
roofs. Note: Any element of the structure that is required by State regulation to be at
a variable height higher than the maximum buildable height as defined by this
ordinance is exempted from the height restrictions identified in this ordinance, This
may include such fixtures as historical building structures, chimneys, etc.
BUILDING LINE - A line parallel to the street line touching that part of a building
closest to the street.
CALIPER - Term used to describe the measurement of diameter for smaller trees and
shrubs taken at 6 inches from the root collar.
CLUSTERING - A development technique which concentrates buildings on a portion
of the site to allow the remaining lands to be used for open space, recreation, or the
preservation of cultural resources and the protection of the natural environment.
CODE ENFORCEMENT OFFICER - The Town of Bethel considers Sussex County
and staff of relevant Sussex County Government Offices to be the Town's Code
Enforcement Officer. This position is responsible for review of relevant construction
practices, site plans and other related development activities.
COMBINING - Two or more lots of record that are combined by deed into one or
more lots of record by deleting a boundary line.
COMMISSION - The Town of Bethel Planning and Zoning Commission.
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COMPREHENSIVE PLAN - The Comprehensive Plan required for political
subdivision by State law.
COUNCIL - The Bethel Town Council.
COUNTY - Sussex County, Delaware.
DEMOLISH - The act of tearing down any structure that exceeds 400 square feet
existing within Town limits for voluntary purposes or as necessary when a structure is
damaged beyond repair by an act of God.
DEMOLITION - The process or instance to voluntary demolish a structure.
DENSITY - The number of residential dwelling units per acre, or amount of square
footage of nonresidential and/or commercial development per acre.
DESIGNEE - Any person authorized by the Town of Bethel to represent its interest
throughout the subdivision process. This may include the Code Enforcement Officer,
Engineer,
Town
Staff,
Town
Solicitor,
or
any
other
designee.
[See
"PROFESSIONAL"].
DWELLING - A building, or portion thereof, used as a place of residence,
containing sleeping, cooking, and sanitary facilities, excluding commercial lodging
facilities.
DWELLING, SINGLE FAMILY DETACHED - A building containing 1 dwelling
unit that is not attached to any other dwelling unit by any means and is surrounded
by open space or yards.
DWELLING UNIT - One or more rooms, designed, occupied, or intended for
occupancy as a separate living quarter, with cooking, sleeping, and sanitary
facilities provided within for the exclusive use of a single family maintaining a
household.
FAMILY - means husband and wife; same sex couples who are related by civil
union or same sex marriage; a man and woman or same sex couple cohabiting
in a home in which there is a child of either or both; custodian and child; or any
group of persons related by blood or marriage who are residing in 1 home
under where 1 is related to the other by any of the following degrees of
relationship:
30
a. Mother;
b. Father;
c. Mother-in-law;
d. Father-in-law;
e. Brother;
f. Sister;
g. Brother-in-law;
h. Sister-in-law;
i. Son;
j. Daughter;
k. Son-in-law;
l. Daughter-in-law;
m. Grandfather;
n. Grandmother;
o. Grandson;
p. Granddaughter;
q. Stepfather;
r. Stepmother;
s. Stepson;
t. Stepdaughter.
The relationships referred to in this definition include blood relationships
without regard to legitimacy and relationships by adoption.
FRONTAGE - That side of a lot abutting on a street; the front lot line.
HISTORIC - Anything that the Council, Commission or Board determines is
valuable because it has notable, significant or famous qualities that are rooted in
the Town's past.
IMPERVIOUS SURFACE - A material through which water cannot pass, such as
asphalt, brick, stone, or concrete in streets, buildings, parking lots and sidewalks.
LOT - A designated parcel, tract, or area of land established either by plat,
subdivision, or considered as a unit of property by virtue of a metes and bounds
description, to be separately owned, used, developed, or built upon.
LOT CORNER - A lot or parcel of land abutting upon 2 or more streets at their
intersection or upon 2 parts of the same street forming an interior angle of less than
135 degrees.
LOT DEPTH - The average distance measured from the front lot line to the rear lot
line.
LOT, LEGAL - A lot which was created and legally recorded prior to the adoption of
this ordinance, or any lot subdivided and legally recorded in full compliance with
these regulations subsequent to the adoption of this ordinance.
LOT LINE - A line of record bounding a lot that divides one lot from another lot or
from a public street or any other public space.
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LOT LINE, FRONT - The lot line separating a lot from a street right-of-way.
LOT LINE, REAR - The line opposite and most distant from the front lot line.
LOT LINE, SIDE - Any lot line other than a front or rear lot line.
LOT OF RECORD - A lot that exists either by virtue of a metes and bounds
description or by depiction on a plat or deed recorded in the Office of the County
Recorder of Deeds.
LOT WIDTH - The horizontal distance between the side lines of a lot measured at
right angles to its depth along a straight line parallel to the front lot line at the
minimum required building setback line, i.e., the buildable width of a lot.
MAJOR SUBDIVISION - Major Subdivisions are subject to the Subdivision
Chapter 9C and are characterized by one or more of the following factors:
(a) Six (6) or more lots would be created;
(b) Are under the unified development control of a single development entity or
two or more entities coordinated by written agreement;
(c) Occur in two or more phases over a period of years;
(d) Involve master plans which detail each phase of development within an
overall master planning concept; and/or
(e) Involve mixed-uses.
Major Subdivisions take the form of floating zones and overlay districts in
which the basic permitted uses are those allowed by the underlying zoning use
districts. This development and zoning technique is voluntary and applied for by the
development entity that controls the site.
MINOR SUBDIVISION - Minor Subdivisions are subject to the Subdivision Chapter
9C and are characterized by the creation of five (5) or fewer lots.
MIXED-USE DEVELOPMENT - Mixed-use development is characterized by
combining two or more principal uses (such as retail, office, residential and
civic/cultural/recreation) that are mutually supporting by a significant physical and
functional integration of project components, including continuous roadway and
pedestrian connections; development in conformity with a coherent plan that stipulates
the type and scale of uses, permitted densities and related items.
NEO-TRADITIONAL DESIGN - A principle which uses a variation and clustering in
densities, traditional street and block patterns, interior streets with smaller widths,
32
more continuous and rectilinear street patterns, streetscapes with rows of facades and
front porches close to the street, careful design of alleys and courtyards, continuity of
sidewalks, walking trails, paths and other pedestrian-friendly ways, use of vertical
curbs, planting of street trees in rows, traditional block configurations, use of town
squares, plazas, commons and other open spaces, zero-lot line or small setbacks (as in
older villages), transit stops and shelters, landscaped buffers, gateway entrances and
treatment of development edges.
OPEN SPACE - Any parcel or area of land or water that provides light and air and is
designed, dedicated or used for active or passive recreational, environmental, scenic
farming, forestry and/or conservation purposes.
OWNER - The record owner or owners of land either in fee or a vendee in possession,
including any person, group of persons, firm or firms, corporation or corporations, or
any other entity having legal title to or sufficient proprietary interest in the land sought
to be subdivided under the definition of Same Ownership as found within this
ordinance.
PRELIMINARY IMPROVEMENT-Any activity performed by the owner or the agent
to prepare the site for future development, this may include but is not limited to,
survey, sampling, grading, tree clearing, ditching, etc.
PREMISES - A lot, parcel, tract, or plot of land together with the buildings and
structures on them.
PROFESSIONAL - Any engineer, lawyer, landscape architect, or any other licensed
and or certified individual who may provide assistance or direction in the development
of a given subdivision project. [SEE "DESIGNEE"]
PUBLIC IMPROVEMENT - Any drainage ditch, roadway, park, sidewalk, pedestrian
way, tree, lawn, off-street parking area, lot improvement, curbs, storm sewers, sanitary
sewer facilities, water production, storage, treatment or distribution facilities, traffic
control devices, street signs, any part or component thereof, or other facility.
RECORD PLAT - A map depicting the layout of a Major Subdivision, containing
information as set forth in the Subdivision Chapter 9C and submitted for final
approval.
RESUBDIVISION - Any change to an approved and/or recorded subdivision plan that
affects any street, lot or facility layout on the plan or area reserved thereon for public
use.
33
REZONING - Any change in the official zoning map for the Town of Bethel which
will change the permitted use of land activities on the subject parcel.
RIGHT OF WAY - a public thoroughfare that affords the principle means of access,
including vehicular or pedestrian, to abutting properties whether designated as an alley,
street, lane or however otherwise designated.
RIPARIAN FOREST BUFFER - An area of trees and shrubs 35 to 300 feet wide
located up gradient, adjacent, and parallel to the edge of a water feature.
SAME OWNERSHIP - Ownership by one or more individuals or entities or any form
of ownership of two or more contiguous lots, or ownership by any association of one or
more lots.
SETBACK LINE - The line that is the required minimum distance from any lot line
and that establishes the area within which the principal structure must be placed.
SITE PLAN - A plan for the subdivision, construction, reconstruction, conversion,
structural alteration, relocation, or enlargement of any structure.
STREET - Any vehicular way that: (1) is an existing State, County or Municipal
roadway; (2) is shown upon an approved plat; (3) is approved by other official action;
or (4) is shown on a plat duly filed and recorded in the Office of the Recorder of
Deeds. A Street includes the land between the right-of-way lines, whether improved or
unimproved.
STREET ACCESS - A street designed to provide vehicular access to abutting property
and to discourage thru traffic.
STREET ALLEY - A service roadway providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
STREET, CENTERLINE OF - The center line of any street shown on any official
Municipal, County, or State records.
STREET, COLLECTOR - A street that collects traffic from local streets and connects
with minor and major arterials.
STREET, DEAD-END - A street with a single common ingress and egress.
STREET, LINE - The line between a lot, tract, or parcel of land and an adjacent street.
34
STREET, PRIVATE - A street that has not been accepted by the Town or the State
STREETSCAPE - A design term referring to all of the elements that constitute the
physical makeup of a street and that, as an entity, define its character, including
paving, furniture, landscaping, trees, shrubs, flowers, building facades, porches,
awnings, marquees, signs, and lighting.
STRUCTURE - Any construction including buildings, sheds, barns, pools, decks, or
solar panels or windmills located upon any parcel of land.
SUBDIVISION PLAN -The final plan, map or drawing, described in this ordinance,
on which the applicant's plan for a subdivision is presented to the Bethel Town
Council for approval and which, if approved, may be submitted to the Sussex County
Recorder of Deeds for recordation.
TOWN - The Town of Bethel, Sussex County, Delaware.
USE - The purpose or activity for which land or buildings are designed, arranged, or
intended or for which land or buildings are occupied or maintained.
USE, ACCESSORY - A use of land or a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building and located on
the same lot with the principal use.
USE, PRINCIPAL - The primary or predominant use of any lot or parcel.
UTILITIES - This includes but is not limited to, electricity, telephone, cable
television, natural gas, private septic, central sewer systems, private wells, central
water systems, storm-water facilities such as ponds and culverts, and tax ditches.
VARIANCE - Permission to depart from the literal requirements of this Ordinance.
ZONING DISTRICT - A specifically delineated area in the Municipality within which
uniform regulations and requirements govern the use, placement, spacing, and size of
land and buildings.
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ARTICLE 2 - ENFORCEMENT AND ADMINISTRATION
9A.2. l - ZONING ENFORCEMENT OFFICER
The Council shall appoint a zoning enforcement officer to enforce the
provisions of this ordinance. It shall be the duty of this person to review all
documents related to future growth or development to ensure compliance with this
zoning code. In addition, this person shall review all documents and rulings
provided to and made by the Board to ensure continued compliance with this
zoning code for the Town.
9A.2.2 - BUILDING PERMIT REQUIREMENTS
(Revised11/7/2017)
New structures shall comply with Town of Bethel Building Ordinance, Chapter 2,
Sec. 2-2, Building, Permit Required as well as all current State and County
requirements. Demolition permits are also required for any structure exceeding
400 square feet that is demolished within Town limits for voluntary purposes. See
Chapter 2, Sec. 2-2(h)-Building, Permit Required for instructions on how to
submit an application to demolish.
The cost of the building permit to demolish any existing structure within Town
limits is $100.00. A building permit must be obtained for re-construction. Any
structure that is re-constructed with at least 50% more square footage that the
previous structure will be assessed impact fees accordingly. The impact fees are
set forth in Chapter 9, Table 2 of the code of the Town of Bethel.
9A.2.3 - APPLICATION FOR PERMIT
Applications for rezoning and subdivisions or building permits shall be prepared
by the Applicant with required fees pursuant to the applicable Town ordinance.
9A.2.4 - REQUIREMENT FOR CERTIFICATE OF OCCUPANCY
A Certificate of Occupancy shall be required for any of the following:
(a) Occupancy of any new construction or change in the use of an existing
structure;
(b) Occupancy and use of land or change in land use of a parcel; or
(c) Any non-conforming use.
This certificate will indicate the proposed use and its conformity with this
zoning code.
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9A.2.5 -ISSUANCE OF A CERTIFICATE OF OCCUPANCY
Certificates of Occupancy shall be granted to the Applicant upon completion of
all proposed activities, proof of all required inspections and evaluations by the
appointed code enforcement officer and state and county agencies and proof of
payment of all fees and penalties (if required) as outlined in this ordinance.
Certificates of Occupancy shall be filed with the Town Council within thirty (30) days
of issuance.
9A.2.6 - FEES
Fees for permits and certificates for new construction and/or rezoning,
subdivisions and building shall be paid in accordance with the current fee schedule
defined and adopted by the Town of Bethel as part of this code and found at the end of
this Land Use Ordinance as Table 2.
9A.2.7 - EXPIRATION OF PERMITS
Unless otherwise provided for in the Town of Bethel Ordinances, any permit
obtained by the Applicant is valid for one year and may be renewed by a designee of
the Council prior to its expiration for one additional year. Any property subject to a
lien or found delinquent in payment of property taxes shall not be issued a permit.
9A.2.8 - REMEDIES
(a) For any and every violation of the provisions of this ordinance, the owner,
general agent or contractor or Applicant shall be subject to a civil penalty for
each day of violation not to exceed two hundred fifty ($250.00) per day for
each violation.
(b) For any violations of the provisions of this Ordinance, the Bethel Town
Council may require the violation be corrected and/or cease and desist and
may seek equitable relief.
ARTICLE 3 - AREA REQUIREMENTS
9A.3.0 - LOT AREA, WIDTH, DEPTH, AND HEIGHT REQUIREMENTS
Lot size and dimension and setback and height limitations shall be
established as defined and adopted by the Town code and found at the end of this Land
Use Ordinance as Table 3.
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9A.3.l -CONSTRUCTION STANDARDS
(Revised 5/2/2017)
The Town recognizes the same building standards as Sussex County, Delaware
which is the International Building Standards as the formal construction code with the
exception of square footage and roof pitch.
(a) Square footage: Each new home shall have a minimum living space of 1,200
square feet. This living space excludes any attached garages.
(b) Roof Pitch: Each new home shall have a minimum roof pitch of 8/12.
Garages and additions to existing homes shall maintain the existing roof pitch
of the primary residence.
9A.3.2 - OFF-STREET PARKING
Not less than one (1) off-street parking space with proper access to either a street
or alley shall be located near or on the proposed residential lot for construction. Any
commercial activity will be required to show one (1) parking space for each 200 square
feet of commercial use. This parking requirement may be reviewed and waived by an
exemption granted by the Board.
9A.3.3 - STREETS.
No lands shall be sub-divided unless direct access is provided to every lot from
a public right of way.
9A.3.4 - IMPERVIOUS SURFACE.
Any residential lot shall be covered with no more than 40% total impervious
surfaces. Any commercial lot shall be covered with no more than 40% total
impervious surfaces.
9A.3.5 - ACCESSORY DETACHED BUILDINGS: LIMITATION
(Revised 10/03/2023)
No residential lot may contain accessory detached buildings (such as sheds)
comprising, in the aggregate, more than 40% of the total surface area of the lot.
Notwithstanding the foregoing, no residential lot may contain more than six (6) accessory
detached buildings.
ARTICLE 4 - SIGNS
9A.4. l - REQUIREMENT
Any sign erected shall conform with the provisions of this Article and any other
pertinent ordinance or regulations of the Town.
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9A.4.2 - USE AND LOCATION REGULATIONS
The following types of signs, and no other shall be permitted:
(a)
Official traffic signs.
(b)
Professional, accessory use, home occupation or name signs indicating
the name, profession or activity of the occupant of a dwelling, and trespassing signs,
or signs indicating the private nature of a driveway or premises, provided that the
area on one side of any such sign shall not exceed two (2) square feet.
(c)
Identification signs for schools, churches, hospitals, or similar
institutions, and for clubs, lodges, estates or similar uses, provided that the area on
one side of any such sign shall not exceed 6 square feet.
(d)
Political or Real Estate signs including signs advertising the sale or rental of
the premises, provided the area on one side of any sign shall not exceed 4 square feet; and
signs indicating the locations and direction of premises in the process of development
provided the area on one side of any such sign shall not exceed 6 square feet.
(e)
Temporary signs of contractors, architects, and mechanics
removed promptly upon completion of the work.
(f)
Business signs may be erected and maintained in conjunction with a
commercial use, provided (a) that the aggregate area on one side of all such signs
erected on one street frontage of any one street frontage of any one premises, shall not
exceed 9 square feet, unless authorized as a special exception by the Board, and (b)
such sign, is erected only on the premises on which the use, to which the sign relates,
is conducted.
9A.4.3 - GENERAL RESTRICTIONS
The following restrictions shall apply to all permitted sign uses:
(a)
No sign shall be placed in such a position that it will cause danger to
traffic on a street by obscuring the view.
(b)
No sign other than official traffic signs shall be erected within the lines
of any street unless specifically authorized by other ordinances or regulations of the
Town.
ARTICLE 5 - NONCONFORMING USES
9A.5.0 -CONTINUATION
Any, lawful use of a building or land existing at the effective date of this
Ordinance may be continued although such use does not conform to the provisions of
this Ordinance.
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9A.5. l - EXTENSION
A nonconforming use of a building or land may be extended up to 25 percent
of the area occupied by such use at the effective date of this Ordinance. Any extension
or enlargement shall be immediately adjacent to the existing nonconforming use and
shall conform to the area and height regulations of the district in which it is
situated.
9A.5.2 - CHANGES
A nonconforming use of a building or land may be changed to a nonconforming
use of the same or more restricted classification. Whenever a nonconforming use of a
building or land has been changed to a use of more restricted classification or to a
conforming use, such use shall not thereafter be changed to a use of a less restricted
classification.
9A.5.3 RESTORATION
A nonconforming building wholly or partially destroyed by fire, explosion,
flood, or other phenomenon, or legally condemned, may be reconstructed and used for
the same nonconforming use, provided that the building reconstructed shall be
commenced within one (1) year from the date the building was destroyed or
condemned.
9A.5.4 -ABANDONMENT
If a nonconforming use of a building or land is voluntarily abandoned and
ceases for a continuous period of one (1) year or more, subsequent use of such
building or land shall be in conformity with this Ordinance.
ARTICLE 6 - PLANNING AND ZONING COMMISSION
9A.6.0 - PLANNING AND ZONING COMMISSION
The Town hereby establishes a Planning and Zoning Commission that shall
consist of a minimum of five (5) members and a maximum of nine (9). The
Commission shall be an advisory commission, created pursuant to the Charter of the
Town and state law for the purpose of advising Council on matters related to this
ordinance, and any other matters referred to it by Town Council. The Commission's
authority and procedures shall be governed by state law if not otherwise expressed by
Town ordinance and not in contradiction to state law. The Town Council retains
ultimate authority and control over land use decisions in the Town of Bethel.
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ARTICLE 7 - BOARD OF ADJUSTMENT
9A.7.0 - BOARD OF ADJUSTMENT
The Town hereby establishes a Board that shall consist of a minimum of three
(3) members and a maximum of five (5) members. The Board of Adjustment's
authority and procedures shall be governed by state law if not otherwise expressed by
Town ordinance and not in contradiction to state law.
9A.7.1 - Specifically, the Board may:
(a) Hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in
the enforcement of this chapter or of any ordinance adopted pursuant thereto;
(b) Hear and decide special exceptions to the terms of the ordinance upon which
the Board is required to pass under such ordinance;
(c) Authorize, in specific cases, such variance from any zoning ordinance, code
or regulation that will not be contrary to the public interest, where, owing to
special conditions or exceptional situations, a literal interpretation of any
zoning ordinances, code or regulation will result in unnecessary hardship or
exceptional practical difficulties to the owner of property so that the spirit of
the ordinance, code or regulation shall be observed and substantial justice
done, provided such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose of any
zoning ordinance, code, regulation or map; provided, however, that
notwithstanding any provision of law to the contrary, the Council may, by
ordinance, vest a designated Town official or department with authority to
administratively grant a dimensional variance for existing conditions that do
not exceed 1 foot of the required dimension restrictions without the
application being considered by the Board, subject to the standards,
procedures and conditions set forth in the ordinance granting such authority.
9A.7.2 BOARD ACTION
In exercising the powers provided section 9A.7.l the Board may, in
conformity with this chapter, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and may make such
order, requirement, decision or determination as ought to be made, and to that end
shall have all the powers of the officer from whom the appeal is taken.
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CHAPTER 9B
ZONING
Adopted October 2017
ARTICLE 1 - ZONING DISTRICT MAP
9B.1.0-ZONING MAP
The Town shall be divided into designated Zoning Districts established and
depicted in the attached official Zoning Map for the Town of Bethel Land Use
Ordinance as Table 1.
ARTICLE 2 - THE DISTRICTS
9B.2.0 - AGRICULTURAL/ RESIDENTIAL (A/R)
The purpose of the Agricultural/Residential District is to maintain a buffer
between the built portion of the Town and the potential for encroaching development.
a) Permitted Use. One single family home and all supportive structures approved
by Council to support agricultural activities such as general minimum tillage
of cropland, and other existing agricultural uses.
b) Non-Permitted Use. Activities to be considered industrial agricultural
activities such as fertilizer storage or production operations, etc.; no keeping
or growing of livestock or farm animals as defined by the Town of Bethel
Ordinances; Chapter One, Animals.
9B.2.1 - RESIDENTIAL (R)
The purpose of the Residential District is to provide an area of the Town for
maintenance and creation of single-family housing.
a) Permitted Use. Single-family residential structures, and those structures
accessory to single-family residential structures.
b) Non-Permitted Use. Housing types such as mobile homes, condominiums,
duplexes or town homes.
9B.2.2 - RESIDENTIAL/COMMERCIAL (R/C) [Repealed: 10-2-2012]
The purpose of the Residential/Commercial District is to provide flexibility to
residents of the Town who maintain a single-family residential home, with the ability
to utilize a portion of the home no greater than 600 square feet for uses directly tied to
home based businesses.
(a) Permitted Uses. All permitted uses in the "R" zoning district, as well as uses
accessory to the primary residential use that can be directly tied to a desired
business use defined within the Town's certified comprehensive land use
plan that pose minimal impact to the environment.
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(b) Non-Permitted Use. Housing types such as mobile homes, condominiums,
duplexes or town homes.
9B.2.3 - COMMERCIAL (C)
The purpose of the Commercial District is to maintain the existing commercial
areas of the Town, as well as to consider additional vacant land in anticipation of
appropriate future commercial development.
a) Permitted Use. All permitted uses within the Residential (R) District, non-
residential, and non-institutional commercial uses, which may include those
businesses under 2,500 square feet and are in keeping with the Town's
comprehensive land use plan. These might include; small bakeries, boarding
house (limited to the use of a bed and breakfast), small retail stores, bank,
day care, lawyer, doctor, small markets, a single apartment in conjunction
with a business.
b) Non-Permitted Use. Any commercial use over 2,500 square feet and those
uses not in keeping with the Town Character as defined within the Town's
certified Comprehensive Land Use Plan; these might include bars/pubs, adult
bookstores, adult entertainment centers, chain stores, coin operated laundry
centers, theaters, motels/hotels.
9B.2.4 - INSTITUTIONAL (I)
The purpose of the Institutional District is to maintain the existing public, non-
commercial services of the Town.
(a) Permitted Use. Any residential or non-residential, public or public/private
group of a nonprofit nature typically engaged in public service (e.g. houses of
worship, nonprofit cultural centers, charitable organizations) that are exempt
from the payment of property taxes to the Town.
ARTICLE 3 - REZONING PROCEDURE
9B.3.0- REZONING PROCEDURE
(a) Applicants for rezoning, or zoning of land proposed for annexation, shall submit
a form to be provided by Council which includes the owner of the parcel, the
tax identification and address of the parcel, the current zoning, the requested
zoning and the required fees.
(b) The Council shall refer properly submitted rezoning applications to the
Commission who shall hold a public hearing on the application within 90
days of the referral.
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(c) The Commission shall recommend approval or denial of the application
within 90 days of their public hearing and communicate that
recommendation in writing with findings and reasons for the
recommendation to Town Council.
(d) Within 90 days of the Commission's recommendation, Town Council
shall hold a public hearing on the rezoning application.
(e) Town Council shall approve or deny the rezoning application within 90
days of their public hearing.
9B.3.1 - REZONING BASIS
Decisions to rezone shall be based on satisfying the Purposes of this Ordinance
as set forth in Section 9A. l.2, state law and the Town's certified Comprehensive Plan.
ARTICLE 4 - CONDITIONAL USES
9B.4.1 - PURPOSE AND CRITERIA.
The purpose of this Article is to provide for certain uses which cannot be
well adjusted to their environment in particular locations with full protection
offered to surrounding properties by rigid application of the district regulations.
These uses are generally of a public or semipublic character and are essential and
desirable for the general convenience and welfare. Although these uses are not
permitted uses in the zoning district, a conditional use may be adopted where the
exercise of planning judgment on location and site plan recognizes the following
criteria:
(a) The presence of adjoining or nearby similar uses;
(b) A need for the use in the area proposed;
(c) Minimal effect on neighboring properties;
(d) Imposition of Sufficient safeguards, such as traffic control, parking, lighting,
screening, hours of operation, number of occupants, and similar conditions, to
protect property values and enjoyment.
9B.4.2 - Conditional uses may be applied for in all zoning districts.
9B.4.3 - Uses
The following uses may be permitted as conditional uses when approved in
accordance with this chapter: residential, business, commercial or industrial uses when
the purposes and criteria of this chapter are more fully met by issuing a conditional
use.
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9B.4.4 - Site Plan
A site plan complying with the requirements of 9C.2.0.(c) shall accompany an
application for approval of a conditional use under this article. Either plan shall
include such information as may be required for a determination of the nature of the
proposed use and its effect on the Comprehensive Plan, the neighborhood and
surrounding properties.
9B.4.5 - Procedure
A conditional use application shall be considered by the same procedure
provided for in 9B Article 3, herein.
9B.4.6 - Expiration
Approval of a conditional use under this article shall be valid for a period of one
year after the date of approval and thereafter shall become null and void unless
construction or use is substantially underway during said one-year period or unless an
extension of time, not exceeding one year, is approved by the Town, and for good
cause shown, before the expiration of said one-year period. A maximum of two one-
year extensions may be granted.
9B.4.7 - Revocation
The Town may recommend revocation of a conditional use and may revoke
a conditional use after notice to the property owner and the public and after public
hearings for violation of conditions of approval or violation of the approved use.
9B.4.8 - Conditional uses shall run with the ownership of the land but shall
expire upon the abandonment of the use as provided for in 9A.5.4, herein.
9B.4.9 - Fees
The conditional use application filing fee shall be the same as for Minor
Subdivisions unless otherwise established by the Town Council. Any additional
professional service costs associated with the project will be billed to the applicant,
if required.
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CHAPTER 9C
SUBDIVISIONS
Adopted October 2017
ARTICLE 1 - GENERAL PROVISIONS
9C.l.l - POLICY
(a)
It is declared to be the policy of the Town to regulate the
subdivision of land projects in accordance with the Town of Bethel Charter and the
laws of the State of Delaware.
(b)
Land to be subdivided and developed shall be of such character that
it can be used safely for the purposes proposed by the applicant without danger to
health or peril from fire, flood, or other menace, and land shall not be subdivided
until adequate public facilities and improvements exist or are committed to future
existence, and provision has been made for the creation of open space and
recreational facilities, conservation of natural and cultural resources, drainage and
runoff, water, sewerage, schools, parks, preservation of historic structures,
pedestrian and vehicular circulation and related services and improvements.
(c)
The existing and proposed public improvements shall conform to
standards contained in the Town Charter, Comprehensive Plan, Zoning Chapter
9B, and applicable building, maintenance and housing codes and environmental
ordinances of the Town of Bethel.
9C.l .2 - PLANNING AND ZONING COMMISSION AUTHORITY
Pursuant to the Town of Bethel Charter and the laws of the State of
Delaware, the Town Council hereby authorizes the Town of Bethel Planning and
Zoning Commission to review and recommend approval, approval with modifications
or disapproval of applications for the Subdivision of land, including sketch,
preliminary and final plans, in accordance with this ordinance. Final approval of final
plans for subdivisions projects shall be by resolution of Council.
9C.1.3 - JURISDICTION
(a)
This ordinance applies to all Subdivision of land, future lands that
are properly annexed into the Town located within the corporate limits of the Town.
(b)
No land may be subdivided unless a final plan is approved by the
Council in accordance with this Subdivision Chapter 9C. Any such Subdivision not
approved by the Council shall be null, void, and without effect.
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(c)
Subdivisions that created new roads approved prior to the
enactment of this ordinance shall comply with this ordinance if Preliminary Plans have
not received final approval, within two years of enactment and Final Plans have not
been substantially under construction within one year of enactment.
9C.1.4-AMENDMENTS
For the purpose of protecting the public health, safety, and general welfare, the
Commission may from time to time recommend amendments to this Ordinance which
shall then be submitted to the Council for approval, approval with modification or
disapproval by ordinance at a public meeting following public notice.
9C.1.5 - PUBLIC PURPOSE
Control of the subdivision and development of land and the attachment of
reasonable conditions to land subdivision and development is an exercise of valid
police power delegated by the State of Delaware to the Town of Bethel. The applicant
has the duty to comply with reasonable conditions set forth.
9C.l.6 - ENFORCEMENT, VIOLATIONS, AND PENALTIES
(a) General
Notwithstanding any other Chapter in this Ordinance, it shall be the duty of
the Town of Bethel to enforce these requirements.
1.
No owner, or agent of the owner, of any parcel of the land located
in a proposed subdivision shall transfer or sell any part of the
parcel, or contract to do the same, before a final plan of the
subdivision has been approved by the Council in accordance with
the provisions of this Ordinance and filed with the Sussex County
Recorder of Deeds. If a subdivision is being developed in phases,
the final plan requirements of this Ordinance shall apply. If an
owner seeks to sell the whole parcel, or some portion of it, to
another party, the final plan requirements shall also apply.
2.
The subdivision of any parcel being considered for subdivision
review is prohibited from sale, transfer, lease, or development prior
to approval by Council.
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3.
No building permit shall be issued for the construction or alteration
of any building or structure located on a lot or within a plan
subdivided or sold developed in violation of the provisions of this
ordinance, nor shall the Town have any obligation to issue
certificates of occupancy or to extend utility services to any project
created in violation of this ordinance.
(b) Violations and Penalties.
Any person who violates this Ordinance shall be subject to 9A.2.8 of this
Ordinance.
9C.1.7 - State Laws and Regulations
Application for all subdivision shall comply with all applicable State laws
and regulations.
ARTICLE 2 - MINOR SUBDIVISIONS
9C.2.0 - REQUIREMENTS FOR MINOR SUBDIVISIONS
(a) Application for approval of a Minor Subdivision, as defined in Chapter 9A,
shall be made on forms available from the Town and shall be submitted to the
Council at least 20 days prior to the next regular meeting of the Council. The
Council meets on the first Tuesday of every month. Any such forms submitted
less than 20 days prior to the next regular meeting of the Council may not be
considered until the next following Council meeting. Applicants are advised
that in accordance with Delaware State law and a Memorandum of
Understanding between the Town of Bethel and the Delaware Office of State
Planning, a State review may also be required.
(b) The application shall be accompanied by the fees in the amount specified in
Table 2 to this Ordinance.
(c) The Applicant shall provide the Town with 12 copies of the plan of the
proposed Minor Subdivision with 4 signed originals ("the Plan"). The plan
shall clearly show lot lines, building locations, landscaped areas, pedestrian
walks, easements, abutting streets and special site features of the types
identified in §9C.4.0. The copies of the Plan shall be submitted to the Council
at the time of application for approval.
(d) The Town shall retain two copies of the Plan for public review, one copy for
the Town designee, one copy for the Town Solicitor, and shall submit the
application and remaining copies to the Commission within 10 business days
of first review of the application by the Council.
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(e) The Commission shall make its recommendations to the Town Council
upon the application within 90 days of its submission to the Commission
by the Council, unless the Commission decides to extend the deadline for
justified reasons. Within 5 business days of making its recommendation to
the Council, the Commission shall notify the applicant in writing by
certified mail, with return receipt requested, of the recommendations. If an
application is deferred, then it will be reconsidered by the Commission at
the next scheduled meeting after the reasons for the deferral are addressed
in writing by the applicant. Once the Commission's recommendations
have been forwarded to the Council for final approval, the Council shall
have 90 days from making its decision to notify the applicant of its
decision. Upon approval of the Plan by Council, the Council shall sign 3
copies of the approved plan. A copy of the approved signed copy shall be
returned to the Applicant, sent to the Commission and retained by
Council.
(f) The Applicant shall record the signed copy of Minor Subdivision Plans
with the Sussex County Recorder of Deeds within 90 days from the date
of approval. The Council for good cause, upon request of the Applicant,
may extend the time for recording the plan for a period not to exceed
another 90 days. If the approved Minor Subdivision plan is not filed with
the Sussex County Recorder of Deeds within a 90 day period or an
extended period agreed upon with Council for stated reasons, the approval
shall become null and void.
(g) If the Council disapproves the Plan, a copy of the reasons for disapproval
together with a copy of the plan shall be returned by certified mail, return
receipt requested, to the applicant. The reasons for disapproval shall be
remedied prior to resubmission of the application.
ARTICLE 3 - MAJOR SUBDIVISION SUBMISSION REQUIREMENTS
Major Subdivision Applicants are required to submit the following material.
9C.3.0 - SKETCH PLAN SUBMISSION
by the Council for the design, dedication, improvement, guarantee of improvements,
and restrictive use of the land to conform to the physical and economic development
of the Town and the health, safety, and general welfare of future lot owners in the
subdivision and the community in general.
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(a) A Sketch Plan shall be submitted by the applicant for discussion to Council
and then forwarded to the Commission and Town Designee at the Council's
discretion. Sketch Plan submission is intended to help develop a better
understanding of the property and its proposed development at an early stage,
prior to detailed engineering. Applicants are advised that in accordance with
29 Del. C. § 9201 et seq., a Delaware Office of State Planning Coordination
"PLUS" (Preliminary Land Use Service) Committee review will be required
prior to the formal submission of a Sketch Plan as required by this Ordinance.
(b) A Sketch Plan shall include the following information:
1. Name and address of the owner and, if different, the name and
address of the applicant;
2. Name and address of the professional engineer, surveyor, planner,
architect, landscape architect or site designer responsible for
preparing the plan;
3. Graphic scale (not greater than 1" = 200 ft) showing general
dimensions and a north arrow;
4. Tract boundaries sufficient to locate the tract on a map of the Town;
5. The zoning use affecting the development of the property and its
immediate environs;
6. Streets and utilities on and adjacent to the tract, both existing and
proposed;
7. The approximate location within 500 feet of the proposed project
boundary line of any wetlands, approximate location of any
endangered or threatened plant and animal, and forest lands, areas
within the 100-year floodplain or areas with slopes greater than 15%;
8. Any archeological, historic, and topographical features (as identified
by the State), including fields, pastures, meadows, wooded areas, soil
classifications, ponds, ditches, and streams located on and within 500
feet of the tract;
9. A diagrammatic layout showing the concept for land development and
conservation of open space;
10. A diagrammatic street and lot layout;
11. The proposed locations of buildings and structures, access, circulation
and parking and other improvements;
12. A description of the proposed provision for utilities;
13. If annexation is proposed, a location map which shows the tract in
relationship to current Town boundaries.
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.)
'
Section 9C.3.1 -
PRELIMINARY PLAN SUBMISSION REQUIREMENTS
Preliminary Plans are required for Major Subdivisions. The Preliminary
Plan shall provide the name, address, phone and email address of the owner of the
property and the applicant, if different, plus the following:
(a)
Preliminary Plan Submission Requirements
The Preliminary Plan shall include the following elements, which
may be combined:
1. A site map showing the project's location in relationship to the
overall Town;
2. A site analysis describing existing resources;
3. A conservation and open space plan;
4. A streets and trails plan including all driveways and parking spaces;
5. A house and buildings plan with possible locations of all utilities;
6. A lots plan;
7. A preliminary improvements plan; and
8. Any supporting studies and reports.
(b) Drafting Standards
1. The plan shall be drawn to a scale of as set forth in paragraph (c).l.
below;
2. Dimensions shall be in feet;
3. Each sheet shall be numbered and shall provide a legend indicating
existing and proposed features including street, parking and driveway
location and all existing structures and utilities;
4. All plans submitted shall be on sheets no larger than 34" x 44" or
smaller than 17" x 22", and preferably on standard sized sheets 24" x
'"'6"·
5. One scaled, dimensioned and surveyed original, and 12 copies, 4 of
which are signed copies, shall be provided to the Town.
(c)
Plan Requirements
The following plans and maps shall bear the name, signature, address, and
telephone numbers of the professionals responsible for preparing the plan or map.
1.
Site Map
A map developed by the applicant that shows the location of the
proposed subdivision in context to the Town. For sites under 100 acres in area,
the site map shall be at a scale not less than 1"= 200' and shall show the
relationship of the property to natural and man-made features within 500 feet of
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the site's boundary line. For sites of 100 acres or more, the scale shall be l" =
400', and shall show the above relationships within 500 feet of the site's
boundary line. The features that shall be shown on the Site Map include
topography (from U.S.G.S. maps), streams, wetlands, ditches and creeks (from
maps published by the U.S. Fish & Wildlife Service, the U.S.D.A. Natural
Resources Conservation Service, DNREC or the Army Corps of Engineers) and
their relations to Broad Creek, woodlands over one-half acre in area (from
aerial photographs), public roads and marked and identified trails, public lands
and land under conservation easements.
2.
Site Analysis
A site analysis shall be prepared, including appropriate maps, plans,
photos and text, to describe existing conditions, both on the proposed site and
within 500 feet of the site's boundary line. The Town shall review the analysis
for accuracy, conformity with ordinances and impact upon physical and cultural
resources. Such analysis shall be prepared at the scale as set forth in paragraph
(c).l. above. Standard sized sheets are preferred. The following information
shall be included:
a. A vertical aerial photograph enlarged to a scale of no less than 1
inch = 400 feet, with the site boundaries clearly marked;
b. Topography, determined by photogrammetric or interpolated
from U.S.G.S. maps. The determination of contour intervals
shall be made by the applicant's engineer. Slopes steeper than
15% shall be indicated;
c. The location and delineation of wetlands, 100-year floodplains,
ponds, streams, ditches, drains, and drainage swales and
predicted outfall to Broad Creek;
d. Vegetative cover conditions on the property according to cover
type, including cultivated land, meadows, pastures, fields,
hedgerows, woodlands and wetlands and trees with a caliper that
measures 3 inches or greater;
e. Soil types, as mapped by the Sussex Conservation District in the
published most current Sussex County, Delaware Soil Survey,
and accompanying data for each soil type including its drainage
characteristics, drainage potential and direction to Broad Creek
and suitability for construction;
f. Watershed boundaries;
g. Significant man-made features including streets, driveways,
farm roads, forest roads, structures and utilities;
h. Locations of historically and archeologically significant sites or
structures, possible active earth sites and graves; and
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i. Locations of trails that have been in public use.
3. Design Process
In preparing Preliminary Plans, applicants are required to follow a four-
step design process to lay out proposed conservation and open space lands,
streets and trails, house and building sites, lot lines and all utilities, as
described below.
Step 1: Conservation and Open Space Lands
a. The percentage and acreage of conservation and open space land
shall be calculated by the applicant and submitted as part of the
Preliminary Plan in accordance with this Ordinance, and the
Town's certified Comprehensive Plan.
b. The delineation of conservation and open space land shall reflect
the principles of the Town's Comprehensive Plan and this
Ordinance and shall include wetlands, floodplains, steep slopes
(15% or greater), drainage ditches and, if applicable, riparian
buffers to protect the edges of watercourses.
c. It shall be encouraged in subdivision plans for sites of 5 acres and
larger to set aside some part of the Adjusted Tract Area as
conservation and open space lands.
Step 2: Streets and Trails
A streets and trails plan shall be designed to provide vehicular,
bicycle and pedestrian access to the subdivision or development. Crossing
environmentally sensitive areas such as wetlands, steep slopes and floodplains is
prohibited. Streets shall be designed to be consistent with the traditional streetscapes
of the Town; to create new parks, squares, vistas and open spaces; to accomplish
continuity with the Town's existing street system; to facilitate access to homes in other
parts of the tract; to interconnect neighborhoods with each other and with Main
Street.
Step 3: House and Other Building Sites
No house and other building sites shall be located on the proposed
conservation and open space lands, streets and trails, views and topography, soil type
and historical and cultural resources. Houses and other building sites shall be located a
minimum of 50 feet from wetlands, watercourses and floodplain areas, but may be
required to be wider depending on natural conditions.
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Step 4: Lot Lines
Upon completion of the preceding steps, any lot lines should be
drawn in keeping with the overall design and the use, density and dimensional
requirements of this Ordinance.
4. Preliminary Improvements Plan - A Preliminary Improvements Plan
shall be prepared for all major subdivision that require the
development of improvements. The Improvements Plan shall
include:
a. Proposed structures, any lot lines, lot areas, existing and
proposed easements and rights-of-way and the boundaries of
existing and proposed conservation and open space lands;
b. The location, alignment, width and tentative names of proposed
streets and rights-of-way, including all street extensions or spurs
and supporting drainage structures that are reasonably necessary
to provide adequate connections with adjoining developed or
undeveloped areas and preliminarily engineered profiles for
proposed streets;
c. The location of proposed storm water management control
practices which may include swales, drainage easements, tax
ditches, ponds, and other drainage management facilities;
d. The proposed configuration of private wells and septic systems,
community water system or public water system, including the
conceptual layout of proposed distribution facilities including
wells or other water sources, water mains, fire hydrants,
treatment facilities or storage tanks. A description shall be
provided as to how the water facilities may be integrated with a
possible future public water system; A limit-of-disturbance line
of a minimum of 50 feet designed to protect existing vegetation;
e. The locations and dimensions of any proposed open space,
playgrounds, public buildings, public areas and other parcels of
land proposed with appropriate landscape features to be
dedicated or reserved for public use;
f. If land to be subdivided lies partly in or abuts unincorporated
portions of Sussex County, the applicant shall submit information
concerning the location and conceptual design of streets, the
layout and size of lots and proposed improvements on the
unincorporated land, if any. The design shall provide for a
smooth and practicable transition between incorporated and
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unincorporated land. Documented evidence of discussions with
Sussex County shall be submitted indicating street connections to
Sussex County and/or State Roads designed in a grid like pattern.
If the applicant proposes to construct improvements in phases, a
delineation of proposed sections and a schedule of proposed
phases with deadlines for completion;
g. Typical street cross-section drawing(s) for all proposed streets
shall be provided, including details describing pavement
thickness, rights-of-way, utilities, sidewalks, crowning, curbing,
signage, drainage and construction materials;
h. The approximate location of all utilities; the approximate location
of proposed shade trees and shrubs, plus locations of existing
vegetation to be retained; and a signature block for the Council
shall be provided on the right-hand side of the Preliminary
Improvements Plan.
5. Studies and Reports - If required by the Council, the Preliminary Plan
submission shall include one or more of the following studies to assist
in determining the impact of the project:
a. A sewer/septic and/or water/well engineering report;
b. A groundwater protection and/or aquifer recharge study;
c. An erosion
and sedimentation control plan to Broad Creek;
d. A traffic impact study; and
e. Any other recommendation identified by the Commission and
then required as part of the approval process by the Council.
f. Certification from the Town Solicitor
Prior to approval of the Preliminary Plan, the applicant shall submit to the
Council a written certification from the Town Solicitor stating that the proposed
layout of conservation and open space lands, streets and trails, houses and other
buildings and lots and utilities complies with This Ordinances. This certification
requirement provides the Council with assurance stating that, except for any waivers,
variances or special exceptions noted in the certification, the proposed plan will be
accomplished within the Town's current ordinances. The Solicitor's fee for this review
will be paid by the applicant and will be billed at the Solicitor's normal hourly rate.
The Solicitor's normal hourly rate for this review may be higher than the Solicitor's
contractual rate with the Town.
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Section 9C.3.2 -
FINAL PLAN SUBMISSION REQUIREMENTS
The Final Plan shall conform to the Preliminary Plan, including any conditions
specified by the Council in Preliminary Plan approval. The following requirements
apply to Final Plans.
(a) Drafting Standards
The drafting standards specified in Section 9C.3.1. (b) shall apply to the
Final Plan.
(b) Site Analysis
The Site Analysis specified in Section 9C.3.1.(c).2 shall be modified as
necessary in the proposed Final Plan, consistent with the conditions of
Preliminary Plan approval.
(c) Final Conservation and Open Space Plan
The Conservation and Open Space Plan shall be modified as necessary in
the Final Plan consistent with the conditions of Preliminary Plan approval.
(d) Final Improvements Construction Plan
Where public or private improvements other than monuments and street
traffic signs are to be required for any major subdivision, a Final
Improvements Construction Plan and Specifications prepared by a registered
professional shall be filed setting forth the precise nature and location of the
work and engineering data necessary for its completion. The Final
Improvements Construction Plan and Specifications shall be subject to
review and recommendations to Council developed by the Commission and
approval by the Council as a prerequisite to approval of the Final
Improvements and Construction Plan. The Final Improvements and
Construction Plan shall conform to the following standards and contain the
following information:
1. All required information relating to existing features and resources
on the site.
2. A grading plan and detailed profile sheets for all proposed streets and
trails within the tract.
3. Details and specifications for streetlights to be installed, together
with the necessary contract for street light installation for approval
by the Council.
4. Final design of all water facilities, including location of private wells
and septic systems or on- or off-site community water and or waste
water systems, central water and or sewer service if public water
supply is to be provided, including, but not limited to, wells, storage
tanks, treatment facilities, pumps, mains, loops, valves, and hydrants.
5. Detailed designs for all other improvements as required by this
ordinance.
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(e) Final Storm-water Management and Erosion Control Plan
Plans and specifications for storm-water management including drainage
patterns within the site and to Broad Creek and treatment, erosion control and
aquifer recharge, as required by the Delaware Department of Natural
Resources and Environmental Control (DNREC) shall be provided.
(f) Final Landscape Plan
A final Landscape Plan shall be provided indicating types, sizes greater
than 2.5 inches in caliper and species of native trees and plants to be used for
landscaping and their placement, installation, warranty and maintenance and
replacement in accordance with the ANSI A-300 Standards. The plan shall
warrant that invasive species will not be used in landscaping and that
measures will be taken to eliminate invasive species if discovered during
construction or thereafter.
(g)
Additional Approvals, Certificates and Documents
1. All offers of dedication of land or structures and all declarations,
easements and covenants governing the reservation and maintenance
of undedicated open space shall be in a form satisfactory to the
Council.
2. A copy of such deed restrictions, easements, covenants and
declarations that are to be imposed upon the property. All such
documents shall be in a form satisfactory to the Council.
ARTICLE 4 - MAJOR SUBDIVISION PROCESSING PROCEDURES
Section 9C.4.0 - MAJOR SUBDIVISION PROCESS
(a) General
1. All preliminary and final major subdivision plans shall be referred to
and reviewed, and subsequently approved, approved with conditions
or disapproved, by the Council. Any application not processed as
required herein shall be null, void, and of no effect.
2. Overview of Procedures: These following steps shall be taken. They
may be combined at the discretion of the Council:
a. Pre-Application Meeting;
b. Site Analysis;
c. Site Inspection;
d. Sketch Plan Submission and Review;
e. Preliminary Plan; Determination of Completeness;
f. Preliminary Conservation and Open Space Plan;
g. Private well and septic type and location;
h. Review by the Town Designee;
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i. DelDOT;
j. Sussex County Conservation District;
k. DNREC;
l. The Delaware State Fire Marshall and the Local Volunteer Fire
Company; and Local Law Enforcement;
m. Recommendation for Approval by the Commission;
m. Review by the State of Delaware Office of State Planning
Coordination and its PLUS Committee is required;
n. Final Plan Preparation: Incorporation of all Preliminary Plan
Approval Conditions and documentation of all other agency
approvals, as applicable;
o. Final Plan, Submission: Determination of Completeness, Review,
and Approval;
p. Council signatures; and
q. Recording of approved Final Plan with the Sussex County
Recorder of Deeds.
(b) Review
1.
Major Subdivisions are subject to all review procedures specified in
this article.
2.
When an application includes only a portion of a landowner's tract,
or when such portion is contiguous to an adjoining tract under
separate ownership by the landowner, a sketch layout shall be
included showing the future potential subdivision of the contiguous
lands to ensure that future subdivision can be accomplished in
accordance with current codes. Submission and review of this sketch
layout shall not constitute approval of the future subdivision.
9C.4.1 - SKETCH PLAN REVIEW
(a) Applicability
A sketch plan is required for subdivision a land area of 6 lots or greater.
Sketch Plans shall be submitted to the Council and then forwarded to the
Commission for review. Such plans are for the purpose of informal discussion
prior to preparation of engineering drawings.
(b) Pre-Application Meeting
A pre-application meeting is required between the applicant, the site
designer, and the Commission to introduce the applicant to the Town's
Comprehensive Plan and this Ordinance, discuss project objectives and schedule
a site inspection, future meetings and submission deadlines.
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(c) Site Analysis
The purpose of the Site Analysis is to familiarize all parties with existing
conditions. Applicants are required to provide the Site Analysis prior to the site
inspection. It should provide a basis for the design to be shown on the Sketch
Plan.
(d) Site Inspection
After preparing the Site Analysis, a site inspection shall be conducted by
the Town Designee. Applicants, their site designers, and the owner, if different
from the applicant, are required to participate in the site inspection.
(e) Sketch Plan Review
1. Copies of a diagrammatic Sketch Plan should be submitted to the
Council for distribution to the Commission and Town Designee. This
should occur at least 45 days prior to the Commission meeting at
which the Sketch Plan is to be placed upon the Commission's agenda.
2. The Commission shall review the Sketch Plan in accordance with the
Comprehensive Plan and this Ordinance. Its review shall informally
advise the applicant of the extent to which the proposed subdivision
conforms to the goals and standards of Town Ordinances. The review
shall include:
a. The location of all areas proposed for land disturbance (all
structures and utilities) with respect to features of natural or
cultural significance;
b. The goal for continuous streets constructed to State standards and
maintained by the State which connect to existing streets, other
proposed streets and potential future development on adjacent
parcels; and
c. Proposed building density and coverage, not to exceed existing
impervious requirements.
9C.4.2 - PRELIMINARY PLAN DOCUMENTS
(a) Preliminary Plan
1. The applicant shall complete and sign the application form provided
by the Town and shall accompany such application form with the
type and number of plans, documents and other submissions required
and the appropriate filing fee(s) established by the Council. The
applicant must identify the name, address and telephone number of
the record holder of legal title to the land involved (if different from
the applicant), the nature of the applicant's interest in the land
(whether holder of legal title or otherwise), and the name, address,
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and telephone number of the agent, if any. No application shall be
deemed filed unless all requirements have been met and all fees paid
in full.
2. The deadlines for submission of Preliminary Plans shall be as follows;
Applicants shall submit 12 copies, 4 of which are signed, of a
Preliminary Plan to the Council at least 45 days prior to being
placed on the agenda for the next Council meeting. All applications
shall be accompanied by full payment of required fees as required by
the Council. The Town shall note the date of receipt of the application
and fees deposit and shall forward copies to the Commission and
regulatory agencies within 10 days.
3. The Council shall review the application for completeness and
determine if all required materials have been submitted. If the
application is not complete, the applicant shall be notified in writing
within 90 days and the application shall be deemed withdrawn by the
applicant. If no such notice is given to the applicant, then the review
process shall proceed as follows. The date of review period begins at
the time the completed application as received and heard by Town
Council at a regularly scheduled meeting.
9C.4.3 - REVIEW OF PRELIMINARY PLAN
(a) Commission Review
1. The Commission shall review the plan and any recommendations
made by local, county, state and federal agencies, the general public
or groups to determine conformity of the plan with Town Ordinances.
The Commission shall conduct a public hearing on each Preliminary
Plan application. Notice shall be provided 15 days prior to the public
hearing date by posting within the Town in at least 2 conspicuous
public places within the Town, a local paper with general circulation
in Sussex County, and mailings to neighboring properties and
electronic postings and emails (if applicable). The applicant will pay
for the cost of advertising.
2. After such review, the Commission shall document its findings and
mail a copy of said report to the applicant within 120 days from
receipt of the application from Town Council.
3. If the Commission and the applicant agree that the review period shall
be extended for a period of 30 or more days in order to provide
sufficient time to submit required materials and complete the
Commission review, a written agreement to this effect shall be
signed in duplicate. The Commission and the applicant will retain
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copies. Such an extension shall be entered into for specific reasons
relating to the review process, including but not limited to providing
sufficient time for the Commission to receive written comments or
reports from the Town Designee or other involved agencies or to
allow the applicant additional time to revise its application
documents.
4. In any event, preliminary approval shall be void, if final approval is
not granted within 18 months of preliminary approval or a one year
extension is granted before the expiration
9C.4.4 - FINAL PLAN DOCUMENTS
(a) No later than 1 year after approval of a Preliminary Plan, a Final Plan and all
supplementary data shall be officially submitted to the Council. It shall
conform to the Preliminary Plan as previously reviewed by the Council and
the Commission and shall incorporate the conditions of the Preliminary Plan
set by the Council. No application for Final Plan approval shall be deemed
filed unless all requirements have been met and all fees paid in full.
(b) Council may permit submission of the Final Plan in phases, each covering a
reasonable portion of the entire development as shown on the approved
Preliminary Plan; provided that the first Final Plan phase shall be submitted
no later than 1 year after approval of the Preliminary Plan. Each subsequent
phase shall be submitted within 6 months of approval of the previous phase,
provided that all phases are submitted within 2 years after the date of
Preliminary Plan approval.
(c) Unless the filing deadline is waived or extended by the Council, failure to
make timely submission of final plans shall render a Preliminary Plan void,
and the applicant shall then be required to file a new application and fee for
Preliminary Plan approval.
(d) Official submission of the Final Plan to Council shall consist of:
1. 12 copies, 4 of which are signed, of the Final Plan and supporting
data to enable proper distribution and review.
2. Copies of all applications made or notices provided to local, county,
state and federal agencies as specified in this Ordinance, by or on
behalf of the applicant, for permits, certifications, approvals or
waivers required or sought for either subdivision as proposed in the
Preliminary Plan or in the Final Plan.
3. The Final Plan and supporting data shall be submitted together with
the fees and sureties required by the Council and Town Solicitor.
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9C.4.5 - REVIEW OF FINAL PLAN
(a) General
1. The Final Plan shall conform to the Preliminary Plan as previously
reviewed and shall incorporate all modifications and revisions
recommended by the Council.
2. The Final Plan and supporting data shall comply with the provisions
of this Ordinance and the Comprehensive Plan. Failure to do so shall
be cause for denying the plan or, in situations where only minor
details are missing and when the official approval deadline allows,
tabling plan approval pending corrections.
(b) Planning Commission Review
1. The Commission will review the Final Plan and the recommendations
of any reviewing entities to determine its conformity with all
applicable requirements.
2. No recommendations shall be made by the Commission until the
Town has received the written reports of agencies specified in
9C.4.0.(a).2 of this Ordinance, provided that if these reports are not
received within 60 days after transmittal of the Final Plan to
these agencies, then the Commission may act without having
received and considered such reports.
3. Once all requirements are met, and the Final Plan has been
approved by the Commission, the Final Plan shall be placed on the
agenda of the Council for final review
(c) Council Review
1. If the Final Plan is not recommended for approval by Council, the
decision shall specify the defects found in the plan, shall describe
the requirements that have not been met, and shall, in each case,
cite the provisions of this Ordinance relied upon.
2. Unless the Council agrees in writing to extend the time period for
decision, the Council shall render a decision on all Final Plans
within the time limitations specified by this Ordinance.
3. The decision of the Council shall be in writing and shall be mailed
to the applicant.
(d) Conditions of Final Plan Approval by the Council
Approval of any Final Plan by the Council shall be subject to the
following conditions:
1. The Applicant shall execute a Subdivision Agreement in a form
acceptable to the Town Solicitor, in accordance with the requirements
of this Ordinance, verifying that it agrees to construct all required
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improvements and common amenities, and further verifying that it
guarantees completion and maintenance of these improvements and
amenities through a performance bond or alternative surety
instrument issued to the Town in a form acceptable to the Town
Solicitor.
2. The Applicant agrees, if requested, to tender to the Town such
deeds, easements and bills of sale, in form acceptable to the Town
Solicitor, sufficient to convey title, ownership and/or possession of all
public improvements to the Town following completion, inspection
and certification of such public improvements as satisfactory for
acceptance by the Town, together with related Maintenance Bonds as
provided in section 9C.7.l .(b) of this Ordinance. The Council may
require that the applicant provide a title insurance policy from a duly
licensed title insurance company certifying that the title to be
conveyed is good and marketable, free of all liens and encumbrances,
except utility easements, before the Town accepts any property.
3. Whenever the Applicant is providing conservation and open space
land as part of the development, an easement in perpetuity restricting
the open space from further subdivision or development shall be
executed in favor of the Town.
4. The Applicant shall submit to the Council all required permits,
guarantees of completion and approvals or waivers from agencies
having jurisdiction over ancillary matters necessary to effect the
subdivision.
5. The Applicant shall submit a Performance and Payment Bond, in a
form acceptable to Council and the Town Solicitor, as a condition of
Final Plan Approval no later than the issuance of a Subdivision
Improvements Construction Permit by the Town. The Performance
and Payment Bond shall ensure that all work is done and all
contractors and material men have been paid in full for those
improvements and shall be in the amount of 150% of the Town
Designee's estimated cost of the improvements. Alternative forms of
surety, as described in section 9C.7.l, may be accepted if acceptable
to Council and the Town Solicitor.
6. The Applicant shall submit a Maintenance Bond, in a form acceptable
to Council and the Town Solicitor, in an amount equal to 100% of the
cost of the improvements being accepted by the Town to secure
payment of any repairs or modifications that have to be made within
3 years of the date of Town acceptance.
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ARTICLE 7 -- GUARANTEES OF PAYMENT AND COMPLETION,
MAINTENANCE AND INSPECTIONS OF IMPROVEMENTS
9C.7.0 - GENERAL PROCEDURE AND FEES
(a) This Article 7 may apply to Minor Subdivisions, and Conditional Uses as
approved by Town Council and shall apply to Major Subdivisions.
(b) The Town or Designee shall provide for the inspection of required
improvements during construction to ensure satisfactory completion by the
Applicant. The Applicant shall be responsible for funding and construction
of improvements necessitated by his project within the development project
site as well as in areas outside of, but immediately abutting, the proposed
site, including, but not limited to road modifications, signage, drainage, and
sidewalks.
(c) The applicant shall reimburse the Town monthly, for its actual costs to
employ qualified, professional, licensed Designee(s) to conduct all activities
necessary for the applicant to obtain final approval of the project, plus 25%
to cover the Town's administrative costs in working with its Designee(s).
Payment of bills are due within 30 days and will bear interest at the rate of
1.00% per month.
(d) No improvements shall be constructed until Final Plan Approval has been
received and the Plan recorded, if applicable. For Major Subdivisions, the
Town shall issue a Major Subdivision Construction Permit for the
construction of the improvements required under the approved plan.
(e) No building permits or certificates of occupancy shall be issued until all fees
are paid. If the Town Designee finds upon inspection that one or more of the
required improvements have not been constructed in accordance with the
Town's construction standards and specifications, the applicant shall be
responsible for properly remedying deficiencies and completing the
improvements. The Town Designee shall give notice to the applicant of
defects and violations found during inspections. The Applicant shall cure all
defects and violations within 90 days. If the applicant does not cure the
defects or violations to the Council's satisfaction within 90 days, a stop
work order shall be issued.
9C.7.1 -
GUARANTEES OF PAYMENT AND COMPLETION AND
MAINTENANCE
(a) Purpose
Guarantees of Payment and Completion and Maintenance shall be provided
by the Applicant to ensure payment for, proper completion, installation and
maintenance of required street, utility and other improvements. The nature and
duration of the guarantee shall be structured by the Town to achieve this goal.
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(b) Performance, Payment and Maintenance Bonds
1. As a condition of final plan approval, and prior to the issuance by the
Town of a Minor Subdivision Plan or Major Subdivision Construction
Permit, the Town may require and shall accept in accordance with the
standards adopted by ordinance the following bonds:
a. The provision of a Performance and Payment Bond, in a form
acceptable to the Town and Town Solicitor, in an amount of no
less than 150% of the Town Designee's estimated cost of
installation for improvements is a condition of Final Plan
Approval.
b. Provision for a Maintenance Bond, in a form acceptable to the
Town and Town Solicitor, for a period not to exceed 3 years
after acceptance of the improvement by the Town, in an amount
not to exceed 100% of the cost of the improvement. In the event
that other governmental agencies or public utilities will own the
utilities to be installed, or the improvements are covered by a
performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantees, as the case
may be, shall be required by the Town for such utilities or
improvements. The Town shall be provided with a certified copy
of all such performance or maintenance bonds.
2. The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the
Town.
3. The Town and its Designee must be notified monthly of construction
activity at each stage of construction. The Town and its Designee
shall have the opportunity to inspect the streets, storm water, and
drainage systems at each stage of construction, and to inspect utility
pipes and lines before trenches are backfilled.
4. The Town shall either approve, approve with conditions, or
disapprove the improvements on the basis of the report of the Town
Designee, and shall notify the applicant in writing, by certified mail,
of the contents of the report and the action not later than 60 days after
receipt of the notice from the applicant of the completion of the
improvements. The Applicant is required to notify the Town, in
writing, if it has not received the Town's decision within 60 days.
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9C.7.2 - RELEASE OR REDUCTION OF SECURITY
(a) Certificate of Satisfactory Completion. The Council will not accept dedication
of required improvements, nor release nor reduce the amount of any security
posted by the applicant until:
1. The Town Designee has submitted a certificate stating that all
required improvements have been satisfactorily completed;
2. The Town Designee has certified, through submission of a detailed
"as-built" survey plan of the subdivision, indicating location,
dimensions, materials, and other information required by the Town,
that the design, layout, line and grade and construction of all public
improvements is in accordance with construction plans for the
subdivision; and,
3. A Release of Mechanic's Liens has been furnished to and approved by
the Town Solicitor indicating that the improvements have been
completed, are ready for dedication to the Town, and are free and
clear of any and all liens and encumbrances.
(b) Upon such approval and recommendation by the Commission, Town
Designee, and the Town Solicitor, the Council shall thereafter accept the
improvements for dedication in accordance with the established procedure.
(c) All improvements shall be dedicated and accepted by the Town (except all
roads and streets) in accordance with deeds of dedication properly signed by
the legal owner, notarized and dated on or after the named improvement is
completed as signified, in writing. Acceptance shall be by proper dating,
signing by the President and Secretary of the Council and notarizing of the
signatures on the acceptance pages of the deed of dedication. The completed
deed of dedication shall be recorded by the Town in the Office of the Sussex
County Recorder of Deeds within 90 days.
(d) Release of Security. Upon actual acceptance of the dedication of public
improvements, the security bond shall be released.
9C.7.3 - MAINTENANCE AND IMPROVEMENTS
The applicant shall be required to maintain all required public improvements
on the individual subdivided lots and to provide for snow removal and repairs on
streets, if required by the Town, until acceptance of the improvements by Council. If
there are any certificates of occupancy on a street not dedicated to the Town or the
State of Delaware, the Town may on 12 hours notice plow the street or effect
emergency repairs and charge those costs to the applicant.
9C.7.4 - DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS
a) The Town may defer or waive at the time of final approval, subject to
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appropriate conditions, the provision of any or all public improvements as, in
its judgment, are not requisite to the interests of the public health, safety, and
general welfare, or are inappropriate because of the inadequacy or non-
existence of connecting facilities. Any determination to defer or waive the
provision of any public improvement must be made on the record by Council
and the reasons for the deferral or waiver also shall be expressly made on the
record.
b) Whenever it is deemed necessary by the Town to defer the construction of any
improvement required under this ordinance because of incompatible grades,
future planning, inadequate or nonexistent connecting facilities, or other
reasons, the applicant shall pay his share of the costs of the future
improvements to the Town prior to approval of the subdivision plan by
Council, or the applicant may execute a separate subdivision improvement
agreement secured by a performance bond or guaranteeing completion of the
deferred improvements upon demand of the Town.
9C.7.5 - ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF
OCCUPANCY
a) The extent of street improvement shall be adequate for vehicular access by the
prospective occupant(s) and by police and fire equipment prior to the issuance
of an occupancy permit. The applicant shall, at the time of the offer of
dedication, submit a performance bond to the Town in an amount to be
determined by the Town for the necessary final improvement of the street.
b) No building permit shall be issued for the final 20% of lots in a subdivision, or
if 20% be less than four 4 lots, for the final four 4 lots of a subdivision, until
all public improvements required by the Town and State for the subdivision
have been fully completed and the Town and the State have accepted the
applicant's offer(s) to dedicate the improvements.
9C.7.6-SUN-SETTING PROVISIONS; SUBSTANTIAL COMPLETION
a) Any major subdivision approval granted by the Town subsequent to the
effective date of this Subdivision Ordinance shall be rendered null and void if
substantial construction is not commenced within one year, commencing upon
the date of recordation of the approved Final Plan. Recordation of the Final
Plan as approved by the Town must occur within 6 months after the date of
Final Plan approval. For subdivisions with less than 100 units, construction
must be substantially complete within 3 years after recordation. For
subdivisions with more than 100 units, construction must be substantially
complete within 7 years after recordation.
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b) For purposes of this section, the term "substantially complete" shall mean that
all necessary permits required for construction have been obtained, and the
construction of public improvements, sale of lots and construction of
residential dwelling units and non-residential space has been at least 90%
completed, as determined by inspection by the Town Designee and review by
the Town.
c) Council may grant extensions of time upon request of interested parties, for
good cause shown, from the effective date of any of the deadlines described in
section 9C.7.6.A of this Ordinance, and to otherwise prevent the sun-setting of
major subdivision approvals.
9C.7.7 -REVOCATION AND STOP WORK ORDERS
At any time when the Town Designee finds that construction is being
undertaken in violation of any provision of this Ordinance, the Town Designee may
issue a stop-work order and revoke the final plan approval under which the work is
being performed. Prior to issuing a stop-work order or revoking a building permit, the
Town Designee shall provide written notice of the violation to the property owner.
The written notice will specify the section of this Ordinance which has been violated.
Appeal from the decision of the Town Designee shall be to Council and if necessary to
Delaware Superior Court pursuant to 22 Del. C. §328.
ARTICLE 6 - FEES
Fees for activities described in this Ordinance are set forth in the Table 2 of this
Ordinance, which is incorporated herein by reference to the extent that it is not
inconsistent with the terms of this ordinance.
ARTICLE 7 - RE-SUBDIVISION AND PLAN MODIFICATION
9C.7.0 - RE-SUBDIVISION OF LAND
a) Procedure for Re-subdivision. Whenever an applicant desires to re-subdivide
an already approved final subdivision plan, the applicant shall first obtain
approval for the re-subdivision or plan modification by the same procedures
prescribed for the subdivision of land.
b) Re-subdivision includes:
1. Any change in any street layout or any other··public improvement;
2. Any change in any lot line;
3. Any change in the amount of land reserved for public use or the
common use of lot owners; and
4. Any change in any easements shown on the approved plan.
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c) Council, after an application for re-subdivision that includes an express
request for waiver, shall publish notice of the application in a local newspaper
of general circulation and shall provide personal notice to property owners in
the subdivision. The applicant shall bear the cost of advertising. The notice
shall include:
1. The name and legal description of the subdivision affected by the
application;
2. The proposed changes in the final subdivision plan;
3. The place and time at which the application and any accompanying
documents may be reviewed by the public;
4. The place and time at which written comments on the proposed re-
subdivision may be submitted by the public; and
5. The place and time of the public hearing at which the Town may
consider whether to approve, conditionally approve, or disapprove the
proposed re-subdivision. The Town, after the public hearing, may
waive the requirement that the re-subdivision be accomplished by the
same procedures prescribed in section 9C.9.0 (A) and act on the
proposed subdivision at the conclusion of the public hearing. No
sooner than 30 days and no later than 60 days after notice is
published, the Town shall consider the application for re-subdivision
at a public hearing and may approve, conditionally approve or
disapprove the application.
d) Procedure for Subdivisions. When Future Re-subdivision is indicated.
Whenever land is subdivided and the subdivision plan shows one or more lots
containing more than 1 acre of land and there is reason to believe that such
lots eventually will be re-subdivided, the Town may require that the applicant
allow for the future opening of streets and the ultimate extension of adjacent
streets. Easements providing for the future opening and extension of streets
may be made a requirement of plan approval.
9C.9.l - PLAN VACATION
a) Owner-Initiated Plan Vacation. The owner or owners of lots in any approved
subdivision, including the applicant, may petition the Town to vacate the plan
with respect to their properties. The petition shall be filed in triplicate on
forms provided by the Town and its solicitor at least 45 days prior to being
placed on the Council agenda.
1. Notice and Hearing. The Council shall publish notice in a local
newspaper of general circulation in Sussex County and provide
personal notice of the petition for vacation to all owners of property
within the affected subdivision and shall state in the notice the time
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and place for a public hearing on the vacation petition. The public
hearing shall be no sooner than 30 and no later than 60 days after
such notice is given.
2. Criteria. The Council shall approve the petlt10n for vacation on such
terms and conditions as are reasonable to protect public health, safety,
and welfare; but in no event shall the Town approve a petition for
vacation if it will materially injure the rights of any non-consenting
property owner or any public rights in public improvements unless
expressly agreed to by the Council.
3. Recordation of Revised Plan. Upon approval of any petition for
vacation, the Town shall direct the petitioners to prepare a Revised
Final Subdivision Plan in accordance with this ordinance. The
Revised Final Subdivision Plan may be recorded only after having
been signed by Council and the Town Solicitor.
b) Applicant Initiated Plan Vacation.
When the applicant of the subdivision, or its successor, owns all of the
lots in the subdivision, the applicant or successor may petition for vacation of the
subdivision plan and the petition may be approved, conditionally approved, or
disapproved at a regular public meeting of the Council subject to the criteria in section
9C.4.5.C. The petition shall be made in triplicate on forms provided by the Town at
least 45 days prior to being placed upon the Council's agenda. Regardless of the
Council's action on the petition, the applicant or its successor will have no right to a
refund of any monies, fees, or charges paid to the Town nor to the return of any
property or consideration dedicated or delivered to the Town except as may have
previously been agreed to by the Council and the applicant.
c) Government-Initiated Plan Vacation.
1. General Conditions. The Council may, on its own initiative, vacate
the plan of an approved subdivision when:
a. No lots within the approved subdivision have been sold within 2
years from the date that the plan was signed by Council;
b. The plan has been of record for more than 5 years and the
Council determines that the further sale of lots within the
subdivision presents a threat to public health, safety and welfare,
except that the vacation shall apply only to lots owned by the
applicant or its successor; or
c. If the applicant has breached a Major Division agreement, any
plan vacation shall apply only to lots owned by the applicant or
its successor.
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2. Procedure. Upon any motion of the Council to vacate the plan of any
previously approved subdivision, in whole or in part, the Council
shall publish notice in a newspaper of general circulation in Sussex
County and provide personal notice to all property owners within the
subdivision. The notice shall state the time and place for a public
hearing on the motion to vacate the subdivision plan. The public
hearing shall be no sooner than 30 and no later than 60 days from the
date of the published and personal notice.
3. Recordation of Notice. If the Town adopts a resolution vacating a
plan in whole, it shall record a copy of the resolution with the Sussex
County Recorder of Deeds within 90 days. If the Town adopts a
resolution vacating a plan in part, it shall record a copy of the
resolution as described above and cause a Revised Final Subdivision
Plan to be recorded which shows that portion of the original
subdivision plan that has been vacated and that portion that has not
been vacated.
Table 1 Zoning District Map
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Table 2
Fees
Application Activity Description
Application Fee
Subdivision/Rezoning Application
Fee
Rezoning and/or Single Family Lot
Subdivision $75; for Minor
Subdivision $250; for Major
Subdivision $400
Subdivision Review
$.50 per 100 square foot of land to be
subdivided.
Construction Activity Description Construction Fee
For a one (1) year building permit
for new construction, addition
and/or renovation with copy of
contract (or estimated expense for
very small renovations if there is no
contract)
$2 per $1,000 of cost with a $100
minimum plus any relevant costs as
determined by Sussex County
Government.
New building impact fee per
undeveloped lot for street
construction and improvements
$500
New building impact fee per
undeveloped lot for storm water run-
off
$.05 per square foot of lot size with a
$200 minimum. NOTE: lands
identified as wetlands or within a
floodplain are not included in this fee.
New building impact fee per
undeveloped lot for construction and
maintenance of Town buildings, etc.
$500
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Table 3
Lot Requirements
District
Minimum
Lot Area
Minimum
Lot Width
Minimum
Lot Depth
Minimum
Front
Setback
Minimum
Side/Rear
Setbacks
Maximum
Height of
Structure
Detached
Accessory
Side/Rear
Setbacks
Fixed
Accessory
Side/Rear
Setback
A/R
¾ acre 125 Feet 125 Feet 20 Feet 10 Feet 35 Feet
Lot Line
10 Feet
R
¾ acre 125 Feet 125 Feet 20 Feet 10 Feet 35 Feet
Lot Line
10 Feet
R/C
¾ acre 125 Feet 125 Feet 20 Feet 10 Feet 35 Feet
Lot Line
10 Feet
C
1 acre 150 Feet 150 Feet 60 Feet 10 Feet 35 Feet
Lot Line
10 Feet
I
1 acre 150 Feet 150 Feet 60 Feet 10 Feet 35 Feet
Lot Line
10 Feet
SPECIAL NOTATION: Corner Lots as defined by this ordinance may front either
street abutting the lot; however, the applicant must demonstrate that all required
setbacks will be met to support proposed construction. If the selected street for the
proposed construction is unable to meet minimum setbacks then the applicant will re-
site the proposed construction to the other street frontage to meet all required setbacks.
If neither street frontage is able to support the future construction, then the applicant
must file for a conditional use permit as defined by this ordinance."
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CHAPTER 9D
BUILDING AND SITE DESIGN STANDARDS
Adopted August 2022
ARTICLE 1: PURPOSE
This Article is established to create specific building and site design standards for
construction of all new structures that are consistent with the Town's historical character
of existing buildings and its Comprehensive Plan.
ARTICLE 2: LOT LOCATION STANDARDS
9D.2.1. - Lot Location Standard
All lots shall front on a public street or a dedicated open space.
9D.2.2 - Utilities
All utilities, including but not limited to phone, cable, electric, sewer, water, and
necessary drainage structures, shall be installed in accordance with County standards.
ARTICLE 3: COMMERCIAL BUILDING AND SITE DESIGN STANDARDS
9D.3.1. - Commercial Building Standards: Area
Each new commercial building shall have a minimum of 1,500 square feet and a
maximum of 5,000 square feet, and accessory structures shall be compatible with
commercial buildings on the lot.
9D.3.2. - Commercial Structures: General Design Principles
New commercial structures shall be similar in design to existing commercial
structures and consistent in their architectural character with respect to the scale,
proportion, and style of existing residential structures.
9D.3.3. - Commercial Structures: Roofs and Eaves
New commercial structures shall be designed with traditional sloping roofs with a
minimum pitch of 8/12 and overhanging eaves. Flat roofs shall be prohibited.
9D.3.4. - Shop Fronts and Signage
Shop front designs shall be based upon existing historic examples in the Town, with
large display windows, low sills, and high lintels. All commercial signs shall comply with
Section 9A.4.6 of these Ordinances.
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9D.3.5. - Landscaping
Landscaping around commercial structures and their parking lots is required and
should emphasize native species of trees, shrubs, flowers, and lawn grasses. Invasive
species of flora, as identified by the Delaware Invasive Species Council from time to time,
are prohibited.
9D.3.6. - Driveways and Parking Lots
Driveways and parking lots on commercial lots are preferred and should be
constructed with porous materials. In all cases, commercial driveways and parking lots
shall comply with Chapter 9A.3 of these Ordinances.
ARTICLE 4: RESIDENTIAL BUILDING AND SITE DESIGN STANDARDS
9D.4.1. - Minimum Living Space and Roof Pitch
All new residential buildings shall comply with the minimum square footage and
roof pitch requirements of Chapter 9A.3.1 of these Ordinances.
9D.4.2. - Residential Buildings: Gabled Roofs
New primary residential structures shall have gabled roofs. The orientation of gable
ends should be diverse, with some ridge lines parallel to the street and others perpendicular
to the street.
9D.4.3. - Other Residential Building Design Standards
New primary residential structures shall be designed to include features that
reinforce the historic character of the Town and are consistent with the architectural
character of existing primary residential structures in the Town, including but not limited
to Colonial, Federal, and Victorian styles. For purposes of this Chapter 9D, new residential
structures shall contain at least three of the following specific design features, all of which
shall be deemed appropriate:
a) Front of primary residential structure faces the street
b) Shutters on windows
c) Front porch
d) Lintels
e) Gingerbread trim
f) Architectural shingles
g) Brick foundation on street side
h) Brick chimneys
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9D.4.4. - Landscaping
Landscaping around residential structures is required and should emphasize native
species of trees, shrubs, flowers, and lawn grasses. Invasive species of flora, as identified
by the Delaware Invasive Species Council from time to time, are prohibited.
9D.4.5. - Driveways
Driveways are not required but, if they are constructed, porous materials should be
used. Driveways shall comply with Chapter 9A.3 of these Ordinances.
9D.4.6. - Fences
Fences on the front of a residential lot facing the street shall be from 2.5 feet to 4.5
feet in height, and shall be similar in design to existing fences on Town streets, provided,
however, that chain link fences on residential lots are prohibited. Fences on the side or rear
of a residential lot shall not exceed 6 feet in height.
ARTICLE 5: STERRT AND STREETSCAPE DESIGN STANDARDS
9D.5.1. - Street Design
All new streets created as part of any new construction in the Town may be public
streets dedicated to the State Department of Transportation (DelDot) and, in such case,
shall be built to State standards in accordance with DelDot's Rules and Ordinances for
Subdivision Streets. If a new street is dedicated to the Town, it shall be built to such State
standards except for street width, which must be surfaced to a minimum of 20 feet. If a
new street is not dedicated to either the State or the Town, it shall be built to such State
standards except for street width, which must be surfaced to a minimum of 20 feet.
9D.5.2. - Lighting
Lighting on all new streets shall be installed in accordance with applicable State or
County standards.
9D.5.3. - Streets and Shade Trees
Invasive species of shade trees, as identified by the Delaware Invasive Species
Council from time to time, are prohibited along streets in the Town.
ARTICLE 6: ENFORCEMENT, ADMINISTRATION AND PENALTIES
9D.6.1. - Enforcement and Administration
The provisions of this Chapter 9D shall be enforced and administered in accordance
with the provisions of Chapter 9A.2 of these Ordinances, except as otherwise provided in
this Article 6.
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9D.6.2. - Notice and Correction of Deficiencies
If the zoning enforcement officer appointed by the Town finds upon inspection that
a new building, structure, or other improvement has not been constructed in accordance
with this Chapter 9D, the owner or other applicant shall be responsible for remedying the
deficiencies and properly completing the construction. The enforcement officer or the
Council shall give written notice to the owner or other applicant of any defects or
violations found during the inspection. The owner or other applicant shall cure all defects
and violations within 90 days. If the owner or other applicant fails to make such cure to the
Council's satisfaction, a stop work order may be issued, and the Council may seek
equitable relief.
9D.6.3. - Other Penalties
In addition to equitable relief, the owner or other applicant shall reimburse the Town
for all legal fees and other costs incurred by the Town to administer and enforce this
Chapter 9D. For each violation of this Chapter 9D that remains unremedied at the end of
the 90-day cure period identified in Section 9D.6.2, the owner or other applicant shall be
subject thereafter to the civil penalty specified in Section 9A.2.8A of this Ordinance.
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CHAPTER 10
MARIJUANA
Adopted May 2025
Sec. 10-1.
Definitions.
As used in this Chapter, unless the context otherwise requires, the following terms shall
have the meanings indicated:
HEMP
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the
resin extracted from any part of the plant, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin, with a delta-9
tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
MARIJUANA
Except for hemp, all part of the plant Cannabis sativa L., whether growing or not, the
seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
MARIJUANA CULTIVATION FACILITY
An entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail
marijuana stores, to marijuana product manufacturing facilities, and to other marijuana
cultivation facilities, but not to consumers. A marijuana cultivation facility may not
produce marijuana concentrates, tinctures, extracts, or other marijuana products.
MARIJUANA PRODUCT
Products that are comprised of marijuana, including concentrated marijuana, and other
ingredients and are intended for use or consumption, such as edible products, ointments,
and tinctures.
MARIJUANA PRODUCT MANUFACTURING FACILITY
An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana
products; and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and retail marijuana stores, but not to consumers.
MARIJUANA TESTING FACILITY
An entity licensed to test marijuana for potency and contaminants.
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RETAIL MARIJUANA STORE
An entity licensed to purchase marijuana from marijuana cultivation facilities, to purchase
marijuana and marijuana products from marijuana product manufacturing facilities, and to
sell marijuana and marijuana products to consumers.
Sec. 10-2.
Prohibition of marijuana facilities and stores.
Within the limits and bounds of the Town of Bethel, no person shall operate, maintain or
otherwise be engaged in any business or entity, whether for profit or nonprofit, defined
under this Chapter as a marijuana cultivation facility, marijuana product manufacturing
facility, marijuana testing facility, or retail marijuana store. Nothing herein shall be
construed as prohibiting or restricting the retail sale of hemp as defined in this Chapter 10.
Sec. 10-3.
Violations and penalties.
Any person who violates any provision of this Chapter shall be fined five hundred dollars
($500.00) for each violation. Each violation shall be deemed a separate offense.
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CHAPTER 11
GARBAGE CONTAINER PLACEMENT
Adopted April 2026
Sec. 11-1._______Definitions
For purposes of this Chapter, the following definitions shall be applicable unless the
context clearly indicates to the contrary:
GARBAGE
Any unwanted refuse, trash, or waste, including without limitation food, paper, cardboard,
wood, or any other material.
CURB
Any road edge, driveway edge, sidewalk edge or easement, whether elevated or not, and
including all adjacent real property within 3 feet of any street pavement.
GARBAGE CONTAINER
Any box, can, crate, cart, or other vessel constructed of any material and used for the
purpose of holding garbage.
CONTAINER STORAGE AFTER PICKUP
Once any box, can, crate, cart, or other vessel constructed of any material and used for the
purpose of holding garbage, the item must be stored at least 6 feet from the curb.
STREET
Shall have the meaning given to the term in Section 9A.1.4 of these Ordinances.
Sec. 11-2._______Purpose; applicability
It is the purpose of this Chapter to prevent the placement of garbage containers on
Town curbs for extended periods of time, both before and after garbage pickup. This
Chapter is intended to be remedial in nature to protect the public health, general welfare,
and safety of the residents and property owners of the Town.
Sec. 11-3._______Prohibited Acts
It shall be unlawful for any Town property owner, or any tenant of any such owner,
to place or maintain, or to permit the placement or maintenance, of garbage containers on
curbs for (a) more than 24 hours before the date scheduled for garbage pickup by the
chosen garbage collection agency, and (b) more than 24 hours after the actual garbage
pickup. Any violation of this provision shall be deemed a public nuisance within the
meaning of Chapter 5 of the Ordinances.
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Sec. 11-4._______Violations and Notice
Whenever the Town Council or its designee finds or is notified that a garbage
container has been placed or been permitted to remain on a curb in violation of the time
limits set forth in Section 11-3 hereof, the Council or its designee shall send a letter via
first-class postage or certificate of mailing. and postage prepaid, as a notice to the property
owner of record on the Town tax records, containing the following information: (1) the
location of the garbage container, (2) the nature of the alleged violation, (3) a statement
that the garbage container shall be removed from the curb immediately upon receipt of the
notice, and (4) a copy of this Chapter.
Sec. 11-5._______Penalties
Upon failure of the property owner to remove the garbage container as specified in
the notice, such owner shall be subject to a fine in the amount of $25. Each day that a
garbage container is left at the curb following receipt of the notice shall constitute a
separate offense, with a maximum aggregate fine of $500. The Town Council is authorized
to commence an action against such owner in a Court of competent jurisdiction to compel
compliance with this Chapter (including payment of any fine assessed), with the owner
responsible for the costs of prosecution.