Kent County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XXV
Historic Preservation
§ 205-377 Purpose.
The protection, enhancement and perpetuation of landmarks, historic districts and archaeological sites is necessary to promote the economic, cultural, educational and general welfare of the public, as mandated by the Quality of Life Act, 9 Del. C. § 4951 et seq. Inasmuch as the identity of a people is founded on its past activities, and inasmuch as Kent County has many significant historic, archaeological, architectural and cultural resources which constitute its heritage, these regulations are intended to:
A.
Protect and enhance the landmarks, historic districts and archaeological sites which represent distinctive elements of Kent County's historic, archaeological, architectural and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Kent County's attractiveness to visitors and the support of and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and development of the County.
§ 205-378 Definitions.
For the purpose of these regulations, the following words and phrases shall have the meanings as set forth below:
Any construction which increases the height or floor area of an existing historic resource or adds to it (as a porch, deck or attached garage).
Construction, replacement or remodeling of an historic resource resulting in change to the exterior appearance of the historic resource, but which does not increase the overall dimensions.
The written approval, by the Historic Preservation Commission, of plans for new construction, addition, alteration, demolition, reconstruction, rehabilitation, repair, restoration or moving of an individual landmark or of an historic resource located within a designated historic district.
The destruction, in whole or in part, of an historic resource, designated either individually or within an historic district.
The Director of Planning Services.
[Amended 9-24-2019 by Ord. No. 19-18]
A scale drawing of the side, front or rear facades of a given historic resource.
Ground-disturbing activity that, by removing or altering soils, destroys the relationship of buried resources to the rest of the site.
Refers to a resource which has significance in the context of the past development of the County. There is no minimum age limit applied by the use of the term "historic." In most instances, however, the term shall apply to an historic resource which is 50 years of age or older.
A geographically definable area, urban or rural, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.
The protection, recognition, rehabilitation, restoration and reconstruction of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering or culture.
The seven member body created by the Levy Court of Kent County for the purpose of administering these regulations.
The historic site, building, structure, object, open space or feature to be found individually or within a related group within an historic district.
SITEThe location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains an historical or archaeological value regardless of the value of any existing structures.
BUILDINGA structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to an historically-related complex, such as a courthouse and jail or a house and barn.
STRUCTUREA work made up of interdependent and interrelated parts in a definite pattern or organization. Constructed by man, it is often an engineering project large in scale. Examples: porches, decks, railings, fences, screen walls, bridges, lighthouses, towers and other above-grade structures. Included are driveways, sidewalks and other paved surfaces.
OBJECTA material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
OPEN SPACEAn historic resource that is undeveloped land, a naturally landscaped area, a formal or human-made landscape or developed open space significant as a connective link or buffer between other historic resources. Examples: landscape area surrounding a structure, formal garden, woodland.
FEATUREA prominent or distinctive aspect, quality or characteristic of a designated historic district or individual landmark. Examples: landscaped boulevard, brick paving, tree-lined street, decorative brackets, decorative barge boards.
A resource which has significant architectural, archaeological and/or historical association which has been identified as such by the Historic Preservation Commission and which has received designation as such by the Levy Court.
The governing body of Kent County, Delaware.
The list of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering or culture, authorized by the National Preservation Act of 1966, as amended.
New resources that are to be constructed or placed within the bounds of an individual landmark or a designated historic district. Such new construction, because it will play a role in the historic resource's appearance, shall be compatible with existing historic resources as determined by the Historic Preservation Commission.
The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, except as specifically provided in these regulations, will be used by the Historic Preservation Commission in assessing the appropriateness of activities which will affect individual landmarks and historic resources included in a designated historic district.
The dollars and cents income available to a property owner from the use or sale of his property, based not on the highest and best use of the property but on a fair use of the property. If the return on the investment in the property following regulation is equal to or greater than the return prior to regulation, considering the value and cost of improvements, then the return is considered "reasonable."
The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or part thereof, as it appeared at a specific period of time.
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural and cultural values.
The maintenance of or return to a state of utility of a historic resource. Examples: replacement of asphalt roofing, structural repairs, etc.
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular time period by means of the removal of later work or by the replacement of missing earlier work.
The provision of personnel and other resources to the Historic Preservation Commission for the purpose of administering these regulations.
§ 205-379 Historic Preservation Commission.
There is hereby created a commission to be known as the "Kent County Historic Preservation Commission."
A.
Membership.
(1)
The Historic Preservation Commission shall consist of seven members to be appointed by the Levy Court. Four of the members shall be selected from one of the following groups:
(a)
A registered architect;
(b)
A member of the Kent County Regional Planning Commission;
(c)
An historian;
(d)
A resident of an historic landmark or an historic district;
(e)
An individual having demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation or other serious interest in the field;
(f)
A licensed real estate broker; or
(g)
An attorney.
(2)
All members shall have a known interest in historic preservation and architectural development within Kent County.
B.
Historic Preservation Commission members shall serve terms concurrent with the terms of the appointing Levy Court Commissioners.
C.
Vacancies shall be filled by the Levy Court according to the original selection as foresaid. Vacancies occurring in the Historic Preservation Commission, other than expiration of term of office, shall be filled by appointment by the Levy Court, but such appointment shall be only for the unexpired portion of the member replaced.
D.
Members may serve for more than one term, and each member shall serve until the appointment of a successor. New appointments shall be made within 60 days of the expiration of a term.
E.
Members shall be compensated according to their bylaws.
F.
A majority of the Historic Preservation Commission shall constitute a quorum for the transaction of business. Four members shall constitute a majority.
G.
The Historic Preservation Commission shall elect a Chairperson and Vice Chairperson and adopt bylaws providing for its organization and conduct of business. The Historic Preservation Commission shall meet at least quarterly on the third Wednesday of the month and as needed monthly to review nominations for designation and applications for certificates of appropriateness. The Director or his designee shall serve as Secretary to the Historic Preservation Commission. All official business shall be transacted according to the Commission's Bylaws.
[Amended 7-9-1991 by Ord. No. 91-11; 9-24-2019 by Ord. No. 19-18]
H.
The Historic Preservation Commission shall receive staff support from the County as assigned by the Director. The support staff shall provide administrative, clerical, research and other appropriate support to the Historic Preservation Commission. Support staff personnel shall consist of at least one historic preservation planner.
[Amended 9-24-2019 by Ord. No. 19-18]
I.
All meetings of the Historic Preservation Commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before the Historic Preservation Commission before it reaches its decision [(29 Del. C., Chapter 100, § 10004(a)]. The Historic Preservation Commission shall keep a record, which shall be open to the public view, of its resolutions, proceedings and actions. [29 Del. C., Chapter 100, § 10004(f)1.]
J.
In the case of any reorganization of the Department of Planning Services, Division of Planning, or other related agencies, these regulations shall continue to be in effect and shall be administered by an appropriate office, as designated by the Levy Court.
§ 205-380 Historic Preservation Commission powers and duties.
The Historic Preservation Commission established by these regulations shall have the following duties and powers:
A.
Make recommendations to the Levy Court concerning proposed changes to these regulations in the form of text additions, deletions or revisions.
B.
Make recommendations to the Levy Court concerning the creation or deletion, expansion or contraction of historic district boundaries and the addition or deletion of designated individual landmarks.
C.
Review plans and applications for all permits required by the County for construction, alteration, repair, moving or demolition affecting the exterior appearance of an individual landmark, an historic or nonhistoric structure within an historic district or the integrity of an archaeological site. The Historic Preservation Commission (or the Levy Court in the case of a successful appeal) shall authorize the Director to issue a certificate of appropriateness upon approval of submitted applications. The Historic Preservation Commission may, upon approval of written guidelines, authorize the Director or other staff support to issue certificates of appropriateness for plans involving minor alterations, additions or repair of historic resources; review all applications for permission filed with the Department of Planning Services, Division of Planning; or when present County codes do not otherwise require the acquisition of a permit for construction, alteration, repair, moving or demolition affecting the exterior appearance of an individual landmark or historic or nonhistoric structure within an historic district.
[Amended 7-9-1991 by Ord. No. 91-11; 9-24-2019 by Ord. No. 19-18]
D.
Review all plans, permits and rezonings involving parcels adjacent to an individual landmark, historic district or archaeological site to assess the impact upon the contextual integrity of the landmark, district or community. The Commission shall have the authority to make additional mandatory recommendations through the Development Advisory Committee.
E.
Review all properties that have condemnation orders posted by the County Enforcement Officers, as directed by the Kent County Zoning Chapter.
F.
Recommend rules and regulations as necessary for the conduct of its business.
G.
Recommend the adoption of the National Park Service National Register of Historic Places evaluation criteria for the identification of significant historic, architectural, archaeological and cultural landmarks and historic districts and for the delineation of historic districts.
H.
Recommend the adoption of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings for guidance in reviewing applications for certificates of appropriateness.
I.
Conduct surveys of significant historic, architectural, archaeological and cultural landmarks and historic districts within the County.
J.
Increase public awareness of the value of historic, archaeological, cultural and architectural preservation by developing and participating in public education programs.
K.
Review all proposed National Register nominations for properties within Kent County.
L.
Conduct and/or encourage members to attend educational sessions at least once a year or, in lieu of this, members shall consult with the State Historic Preservation Officer pertaining to the work and functions of the Historic Preservation Commission on specific historic preservation issues. The State Historic Preservation Officer will provide orientation materials and training for educational sessions for the Historic Preservation Commission.
M.
Act as a liaison on behalf of Kent County to individuals and organizations concerned with historic preservation.
N.
Act in an advisory role to other officials and departments in Kent County regarding the protection of local cultural resources.
§ 205-381 Designation of landmarks or historic districts.
[Amended 7-9-1991 by Ord. No. 91-11; 10-27-1992]
A.
The Historic Preservation Commission may recommend for designation of an individual property or site as a landmark if it is listed in or eligible for listing in the National Register of Historic Places or if, because of a unique location or singular physical characteristic, it represents an established and familiar visual feature of the neighborhood.
B.
Recommendation of a group of properties as an historic district; boundaries of district.
(2)
The boundaries of each historic district and individual landmark designated henceforth shall be specified in detail and shall be filed, in writing, in the Department of Planning Services, Division of Planning, for public inspection. The contents of a historic district may include areas of nonhistoric development but these shall be included in the boundary descriptions to account for their impact on the historic resources within the historic district.
C.
Landmarks and historic districts shall be designated based on their significance as follows:
(1)
Category I: landmarks and historic districts that are listed on the National Register of Historic Places;
(2)
Category II: landmarks and historic districts that are eligible for listing on the National Register of Historic Places based on the National Register criteria;
(3)
Category III: landmarks and historic districts that are not eligible for listing on the National Register of Historic Places but possess significant historical characteristics; or
(4)
Category IV: nonhistoric sites within an historic district or individual properties which are not worthy of preservation.
D.
The Historic Preservation Commission may nominate the designation of historic districts and/or landmarks at their own initiative or upon a request from any person, group or association. The Historic Preservation Commission shall forward a recommendation for designation to the Levy Court. The Levy Court shall hold a public hearing on the designation. Upon approval by the Levy Court, the President of the Levy Court shall be authorized to sign the designation of historic districts and landmarks.
§ 205-382 Designation of landmarks and historic districts application procedure.
A.
Nominations for designation as a landmark or an historic district must be in the form of a nomination form and must be accompanied with certification of approval of the nomination by the property owner. The support staff will determine, when the application is filed, if the nomination has basis to be forwarded to the Historic Preservation Commission for a recommendation. Such a determination will be based on the National Register of Historic Places evaluation criteria.
B.
Once a nomination has been forwarded to the Historic Preservation Commission for a recommendation, notice of the proposed designation shall be published at least once in a newspaper of general circulation at least 15 days prior to the date of the public hearing. In addition, notice shall be sent by registered mail to the owner of an individual landmark proposed for designation, describing the property proposed and announcing a public hearing by the Historic Preservation Commission to consider the designation.
C.
A proposed designation shall be acted upon by the Historic Preservation Commission within 45 days from the acceptance of the completed National Register of Historic Places Nomination Form. Once the Historic Preservation Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector or Division Head of Inspections and Enforcement until the Historic Preservation Commission has made its decision.
D.
The Historic Preservation Commission shall hold a public hearing prior to designation of any landmark or historic district. The Historic Preservation Commission, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural, archaeological or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.
E.
The Historic Preservation Commission shall forward a recommendation for designation to the Levy Court. The Levy Court shall hold a public hearing on the designation. Upon approval by the Levy Court, the President the of Levy Court shall be authorized to sign the designation of historic districts and landmarks.
[Amended 7-9-1991 by Ord. No. 91-11]
F.
The Levy Court shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the Kent County Department of Planning Services, Division of Planning, for recordation. Properties designated shall be indicated by the code HG for individual landmarks and HG-D for resources in an historic district within LUMIS (Land Use Management Information System). In addition, the Bureau of Archaeology and Historic Preservation of the State of Delaware shall be informed of all designations and denial of designations.
§ 205-383 Certificate of appropriateness for alteration, demolition or new construction.
[Amended 7-9-1991 by Ord. No. 91-11]
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, moving or excavation of an individual landmark, historic resource within a historic district, or an archaeological site, nor shall any person make any material change in the appearance of such a property, its exterior lighting fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness.
§ 205-384 Criteria for approval of a certificate of appropriateness.
A.
In considering an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces unless they are open to the public or to architectural features that are not visible from a public street or alley. The Historic Preservation Commission's decision shall be based upon the following principles, consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings:
(1)
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.
(2)
Any alteration of an individual landmark or an historic resource within an historic district shall be compatible with its historic character, as well as with the surrounding district, where applicable.
(3)
New construction shall be compatible with the district in which it is located.
(4)
Excavation shall be minimized or prohibited in areas containing designated archaeological sites.
B.
In applying the principle of compatibility, the Historic Preservation Commission shall consider the following factors:
(1)
The general design, character and appropriateness to the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.
(3)
Texture, materials and their relation to similar features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setback.
(5)
The importance of historic, architectural or other features to the significance of the property.
C.
Regulations and guidelines for the interpretation of the Secretary of the Interior's Standards, as may be necessary to further the preservation of significant historic properties and sites and to assist in reviewing and issuing certificates of appropriateness, shall be adopted by the Levy Court.
[Amended 7-9-1991 by Ord. No. 91-11]
§ 205-385 Certificate of appropriateness application procedure.
A.
Prior to the commencement of any work requiring a certificate of appropriateness the owner shall file an application for such a certificate with the Historic Preservation Commission. The application shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
Location and photographs of the property.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings, including relationship to adjacent properties, if available.
(5)
Samples of materials to be used, if requested.
(6)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
(7)
Any other information which the Historic Preservation Commission may deem necessary in order to visualize the proposed work.
B.
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued.
[Amended 7-9-1991 by Ord. No. 91-11]
C.
The Historic Preservation Commission shall approve, deny or approve with modifications the permit within 45 days from acceptance of the completed application. The Historic Preservation Commission shall hold a public hearing on the application, at which time an opportunity will be provided for proponents and opponents of the application to present their views. If action is not taken within the given forty-five-day period, the delay shall constitute an approval of the application.
D.
All decisions of the Historic Preservation Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Department of Planning Services, Division of Planning, for public inspection. The Historic Preservation Commission's decision shall state the reasons for denying or modifying any application.
E.
If the Historic Preservation Commission denies an application for a certificate of appropriateness, the applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit the application, or appeal the decision of the Historic Preservation Commission to the Levy Court of Kent County, or he may appeal the Historic Preservation Commission's decision to the Levy Court on the grounds of hardship.
§ 205-386 Enforcement.
[Amended 9-24-2019 by Ord. No. 19-18]
All work performed pursuant to a certificate of appropriateness issued under these regulations shall conform to any requirements included therein. It shall be the duty of the Director or his designee to inspect any such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic Preservation Commission, the Director shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect. Upon notification of the violation, the violator shall have 30 days to comply with these regulations before § 205-391 of these regulations shall be enforced.
§ 205-387 Maintenance and repair required.
A.
Nothing in these regulations shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an individual landmark or property within a historic district which does not involve a change in design, material or outward appearance or the removal or alteration of significant architectural features.
B.
No owner or person with an interest in real property designated as an individual landmark or included within a historic district shall permit the property to fall into a state of deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the property itself. Nor shall any designated property be permitted to fall into such a state of disrepair that demolition is required, as determined by the Director of Planning Services.
C.
Individual landmarks and property within designated historic districts shall be maintained in accordance with the requirements of the Kent County Housing Code, Chapter 41, Subchapter II, § 4113, and any other applicable sections (see Appendix I). Repairs to individual landmarks and to resources within historic districts, meant to bring the property into compliance with the Kent County Housing Code, must be approved by the Historic Preservation Commission through the acquisition of a certificate of appropriateness.
§ 205-388 Demolition of structures.
A.
Demolition of individual landmark structures or historic resources within an historic district and deemed by the Historic Preservation Commission to be of a particular architectural or historical significance shall be prohibited unless, upon application and hearing, the Historic Preservation Commission finds that either:
(1)
In the case of commercial property, that prohibition of demolition prevents the owner of the property from earning a reasonable return; or
(2)
In the case of noncommercial property, all of the following:
(a)
That preservation of the structure will seriously interfere with the use of the property.
(b)
That the structure is not capable of conversion to a useful purpose without excessive costs.
(c)
That the cost of maintaining the structure without use would create a financial hardship all in the light of the purposes and resources of the owner; or
(3)
The Division Head of Inspections and Enforcement determines that the structure presents an imminent threat or hazard to the health or safety of adjoining properties or persons.
B.
In the event that upon application and hearing the Historic Preservation Commission shall determine that an exception to the prohibition of demolition exists, the Historic Preservation Commission may, notwithstanding such determination, if it finds that the structure is of unique value, deny permission to demolish; provided, however, that a denial of permission to demolish following a finding under Subsection A(2)(a) or (b) above, and a finding of unique value, shall prohibit demolition for no more than 90 days from the date of the hearing on said application unless, at the expiration of 90 days, adjustments have been made which negate the findings of either Subsection A(2)(a) or (b) above. During this ninety-day period, the Historic Preservation Commission will work to develop, with the owner, an economically feasible plan for the preservation of such structure.
C.
In all cases, the owner is responsible for documenting the building, structure, object or site according to the standards set by the Historic American Buildings Survey (HABS) or the Historic American Engineering Record (HAER). Such documentation shall be prepared by an individual or organization approved by the Historic Preservation Commission, in a format to be prescribed by the Commission.
§ 205-389 Emergency provisions.
[Amended 9-24-2019 by Ord. No. 19-18]
In order to provide emergency relief to residents of historic resources that have been damaged or destroyed by fire, wind, flood or other catastrophe, the owner may request permission to demolish on the grounds that the structure is no longer habitable and presents a health or safety hazard. Such a request must be made within 30 days following the catastrophe. The Director, with a recommendation from the Historic Preservation Commission, may waive the review process for a certificate of appropriateness to permit emergency structural repairs.
§ 205-390 Cooperation of other officials.
As an aid toward cooperation in matters which concern the integrity of the designated individual landmarks and historic districts, all state, federal or other public officials shall be requested to furnish the Historic Preservation Commission, within a reasonable time, the available maps, plans, reports, statistical or other information the Historic Preservation Commission may require for its work per the Quality of Life Act, in 9 Del. C. § 4951 et seq.
§ 205-391 Violations.
A.
Failure to comply with any of the provisions of these regulations shall be deemed a violation and the violator shall be liable to a fine of $100, and each and every day such a violation continues shall be deemed a separate offense.
B.
Any person who proceeds with any exterior alteration, restoration, reconstruction, demolition, new construction, moving or excavation of an individual landmark, historic resource within an historic district or an archaeological site, without obtaining a certificate of appropriateness, in violation of these regulations, shall be required to restore the property and its site to its appearance prior to the violation. Illegal demolitions shall result in denial of building permits for that parcel for a period of two years. Any action to enforce this subsection shall be brought by the County Attorney. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
§ 205-392 Hardship criteria.
A.
An applicant whose request for a certificate of appropriateness has been denied may appeal the decision to the Levy Court on the grounds of hardship. An applicant may appeal interpretations by staff to the Board of Adjustment. In order to prove the existence of hardship, the applicant shall establish that:
[Amended 7-9-1991 by Ord. No. 91-11]
(1)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
(2)
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return.
(3)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
B.
In order to claim a hardship, the applicant must show factual financial evidence that the decision of the Historic Preservation Commission prohibits a reasonable return on the property or devalues the property. Such evidence shall be in the form of a financial statement, including appraised value of the property both prior to and following the enforcement of the regulations. If the appraised value decreases following regulation, a hardship may be determined to exist.
§ 205-393 Appeals.
Any decision of the Historic Preservation Commission may be appealed by requesting such an appeal to the Levy Court of Kent County.