This Article sets forth the responsibilities and duties of County Council and all County administrative departments and boards.

(Ord. No. 97-172, § 3(ch. 13, div. 30.000), 12-31-1997)

The following codes are used in Table 40.30.110 to indicate what types of responsibilities and duties County Council and County administrative departments and boards possess under this Code:

R = The body makes recommendations to the decision-makers.

H = The body must hold a public hearing.

D = The body makes the decision.

A = The body hears an appeal to the decision.

C = The body must give its consent to the decision, or may remand the matter for further findings.

Table 40.30.110
PROCEDURAL RESPONSIBILITIES

(Ord. No. 97-172, § 3(ch. 13, § 30.110), 12-31-1997; Ord. No. 98-080, § 1(ch. 13, § 30.110), 9-22-1998; Ord. No. 99-075, § 1, 12-14-1999; Ord. No. 00-103, § 2, 12-12-2000; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 09-066, § 13, 10-13-2009; Ord. No. 09-068, § 1(Exh. A), 11-10-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 12-084, § 3, 5-10-2016)

A.

County Council shall have the following powers and duties under this Code:

1.

Any power or duty provided by Table 40.30.110 of this Article.

2.

To confirm, by a majority vote, members of the Planning Board appointed by the County Executive.

3.

To confirm, by a majority vote, members of the Board of Adjustment appointed by the County Executive.

4.

To confirm, by a majority vote, members of the Historic Review Board appointed by the County Executive.

5.

To confirm, by majority vote, members of Design Review Advisory Committees appointed by the County Executive.

6.

Any other power or duty provided for by State law.

(Ord. No. 97-172, § 3(ch. 13, § 30.210), 12-31-1997; Ord. No. 08-032, § 2, 7-8-2008)

The Planning Board shall consist of nine (9) members having the following powers and duties.

A.

To review, hear, consider and make recommendations to approve or disapprove applications for zoning map and Code text amendments, as indicated in Table 40.30.110.

B.

To initiate, prepare or cause to be prepared a zoning or land development code or amendments thereto, and make recommendations to County Council and the County Executive as the Board deems appropriate.

C.

To prepare or cause to be prepared the Comprehensive Development Plan, or any element or portion thereof, and make recommendations to County Council and the County Executive as the Board deems appropriate.

D.

To initiate, review, hear, consider and make recommendations to County Council and the County Executive to approve or disapprove amendments to the Comprehensive Development Plan.

E.

To adopt additional or amended rules of procedure consistent with this Section to govern the Planning Board's proceedings.

F.

To conduct studies of the County's resources and needs and to report its findings and recommendations, with reference thereto, from time to time, to County Council and the County Executive.

G.

Any other power or duty provided for under State law or indicated in Table 40.30.110.

(Ord. No. 97-172, § 3(ch. 13, § 30.310), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Cross reference— Boards, committees and commissions, ch. 2, art. 4.

The Board of Adjustment, consisting of seven (7) members, shall be empowered to hear and decide all of the following:

A.

Appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement of any zoning ordinance, code, regulation or map.

B.

Applications for special use permits or other special questions in accordance with the provisions of any zoning ordinance, code, regulation or map upon which the Board of Adjustment is empowered to pass.

C.

In specific cases, such variance from the provisions of any zoning ordinance, code or regulation as provided in Article 31.

D.

Any other power or duty provided for under State law or indicated in Table 40.30.110.

(Ord. No. 97-172, § 3(ch. 13, § 30.320), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

Cross reference— Boards, committees and commissions, ch. 2, art. 4.

The Historic Review Board shall consist of nine (9) members who shall be residents of the County and who shall be appointed by the County Executive with the advice and consent of a majority of County Council. The terms of office shall be four (4) years, provided that the terms of the members other than the Chairman shall be established in a manner that two (2) shall expire each year. The County Executive shall appoint one (1) member as Chairman who shall serve at the pleasure of the County Executive. One (1) member of the Historic Review Board shall be an architect and one (1) member shall be from the field of historic preservation. Seven (7) members shall be individuals who have demonstrated a concern in the field of historic preservation, have some knowledge of the County's history, or have reasonable knowledge of historic architecture or construction techniques. The Historic Review Board shall have the following powers and duties:

A.

Delineate the boundaries of and recommend to County Council for confirmation those districts which the Historic Review Board determines merit a historic designation pursuant to the criteria set forth in Section 40.15.110. Historic district boundaries shall include all properties closely related to and bearing upon the character of the district, and the buildings, structures, sites and objects located therein.

B.

Conduct and maintain an ongoing survey of the County for the purpose of developing a comprehensive inventory of buildings, structures, sites, objects, districts, landscapes and/or scenic landmarks of historical, architectural, cultural, archaeological or educational benefit. This inventory will be available to all County departments and for public review in the office of the Department during regular business hours.

C.

Cooperate with and enlist the assistance of the State Division of Historical and Cultural Affairs and other interested agencies, organizations and individuals, both public and private, in developing and maintaining the survey set forth in Subsection B.

D.

Review and act upon all applications for the granting of permits required under Section 40.31.280 in a timely manner.

E.

Make recommendations to the County Executive and County Council, and to the Department and the Planning Board, concerning the use of grants, gifts and budgeting appropriations to promote the preservation of buildings, structures, sites, etc., of historic importance to the citizens of the County. The Historic Review Board shall make recommendations to the County Executive and County Council that the County purchase buildings, structures, sites or objects of historical significance when deemed appropriate. The Historic Review Board shall also make recommendations, as appropriate, that the County acquire facade easements, conservation easements, development rights or any other property interest that would promote preservation.

F.

Advise the public on preservation when technical assistance is requested in order to increase public awareness of the value of preserving historic properties.

G.

Adopt rules of procedure and regulations, and establish such committees as the Historic Review Board deems necessary for the conduct of its business. The Historic Review Board shall also keep minutes and records of all proceedings which shall be available for public review in the office of the Department during regular business hours.

H.

Assume whatever responsibilities and duties that may be assigned to it by the County Executive and the State under certified local government sections of the National Historic Preservation Act of 1966, as amended. Copies of these regulations may be reviewed in the office of the Department during regular business hours.

I.

Advise any County department or agency concerning the effect of its action, programs, capital improvements or activities on property that meets the criteria set forth in Section 40.15.110.

J.

The Historic Review Board shall be responsible for identification and/or confirmation of demolition by neglect, in conjunction with the code official, as defined in Chapter 7 and as based on each inspection report and/or recommendation of the code official on properties in historic overlay zoning districts as required in Chapter 7 or an illegal demolition of a building, structure or object located within a historic district or meeting the criteria to be included in a historic district pursuant to Article 31 and the procedures set forth in this Chapter and the Board's rules. Review of inspection reports and recommendations on potential demolition by neglect shall be added to each agenda when received.

K.

The Historic Review Board will work collaboratively with the code official to effectuate the goals of Chapter 7 and the New Castle County Comprehensive Development Plan regarding properties located in a historic overlay zoning district.

(Ord. No. 97-172, § 3(ch. 13, § 30.330), 12-31-1997; Ord. No. 98-062, § 1(ch. 13, § 30.330), 9-22-1998; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 12-084, § 4, 5-10-2016; Ord. No. 22-024, § 3, 7-26-2022)

Cross reference— Boards, committees and commissions, ch. 2, art. 4.

The administrative board's regular meetings shall be held in accordance with a schedule published annually and available at the Department offices. Additionally, meetings may be called by the Department, the Chairman or at the request of a majority of the administrative board's members. The location of all meetings shall be contained in the publication and be in a place accessible to the public. The following shall apply to the conduct of all meetings:

A.

Rules of procedure. Each administrative board shall, by a majority vote of the entire membership and with the consent of the County Executive, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. The administrative boards shall provide for transcription of such hearings and proceedings, or portions of hearings and proceedings, as may be deemed necessary.

B.

Open to public. All meetings and public hearings shall be open to the public.

C.

Recommendations or decisions. All recommendations shall be by roll-call vote of all members present. A tie vote or failure to take action shall constitute a denial or recommendation for a denial. All recommendations and decisions shall be accompanied by a written summary of the action and recommendations.

(Ord. No. 97-172, § 3(ch. 13, § 30.340), 12-31-1997)

The following rules apply to all the administrative boards in Division 40.30.300:

A.

Officers.

1.

Chairman and Vice-chairman. The Chairman of each administrative board shall be appointed by and serve at the pleasure of the County Executive. The Vice-chairman is appointed by the Chairman. The Chairman shall administer oaths, be in charge of all proceedings, and take such action as necessary to preserve order and integrity of all proceedings. In the absence of the Chairman, the Vice-chairman shall act as Chairman.

2.

Secretary. The Department shall provide a Department person to serve as Secretary of all administrative boards. The Secretary shall keep minutes of all proceedings. The minutes shall be a summary of all proceedings, which shall include the vote of all members upon every question, and be attested to by the Secretary. The minutes shall be approved by a majority vote of the members. In addition, the Secretary shall maintain all records of meetings, hearings, proceedings and correspondence.

3.

Department. The Department shall be the professional department for all administrative boards.

4.

Quorum, voting. A majority of the board's members shall constitute a quorum necessary to take action and transact business. All actions shall require a simple majority of the quorum.

B.

Removal from office. In the event that any member is no longer a resident of the County; is convicted of a felony or an offense involving moral turpitude while in office; violates rules of the board, fails to attend any three (3) consecutive, regularly scheduled meetings except where such absence is deemed by the chairman to be due to illness, incapacity, or a family crises; or, has three (3) unexcused absences in one (1) year that member shall forfeit his/her membership on such board. "Regularly scheduled meeting" shall mean a meeting at which a board member is expected to be present. The chairman of each County board shall forward a letter to the County Executive and the County Council President stating that a vacancy exists on the board and the name of the member who held the forfeited position. The County Executive shall terminate the appointment of such person with the consent of the County Council.

C.

Vacancy. Whenever a vacancy occurs on an administrative board, the County Executive shall appoint a new member within thirty (30) days of the vacancy subject to the provisions of this Section.

D.

Compensation. Administrative board members shall serve with compensation and be reimbursed for travel, mileage and/or per diem expenses as authorized by the administrative board's approved budget.

(Ord. No. 97-172, § 3(ch. 13, § 30.341), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002)

The General Manager of the Department and such other employees as he or she designates shall constitute the Department. The Department shall present its recommendations to County Council, the Planning Board, the Board of Adjustment or the Historic Review Board. The Department shall have the following jurisdiction, authority and duties under this Code:

A.

To hear, consider and decide upon applications for limited uses.

B.

To review, consider and render recommendations for the disposition of applications for special use, zoning and administrative variance permits or approvals as indicated in Table 40.30.110.

C.

To make written interpretations of this Code and to certify zoning or other elements pertaining to this Code.

D.

To review and approve minor subdivision plans, and to make recommendations for variations from the standards of Articles 20, 21, and 22 involving subdivision design or improvement standards.

E.

To maintain the records of the actions of the Department and the administrative boards.

F.

The Department is hereby designated as the Floodplain Administrator under this Code. Its duties shall include, but are not be limited to:

1.

Review of all applications for floodplain development permits to ensure that the sites are reasonably safe from flooding and that the floodplain development permit requirements of this Code have been satisfied;

2.

Review of all applications for floodplain development permits for proposed development to ensure that all necessary permits have been obtained from federal, State or local governmental agencies from which prior approval is required;

3.

Review all subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding;

4.

Issue floodplain development permits for all approved applications;

5.

Notify adjacent communities and the State prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

6.

Ensure that maintenance is provided within the altered or relocated portion of any watercourse so that its flood-carrying capacity is not diminished;

7.

Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;

8.

Verify and maintain a record of the actual elevation (in relation to mean sea level) to which the new or substantially improved nonresidential structures have been floodproofed; and

9.

When floodproofing techniques are utilized for a particular nonresidential structure, the General Manager of the Department or his designee shall require certification from a registered professional engineer or architect.

G.

To ensure that adequate public notice is provided for development applications pursuant to this Code.

H.

To initiate requests to the County Attorney to institute proceedings against violators of this Code.

I.

To assist the Planning Board in its current and long-range comprehensive development planning responsibilities.

J.

To review as necessary, but, at a minimum, once every five (5) years, the Comprehensive Development Plan and this Code, and recommend amendments to the Planning Board and County Council. The comprehensive development planning process for the County has been and shall continue to be an ongoing and evolving process conducted by the Department with the participation of County Council, the County Executive, the Planning Board and citizen committees. The components of such process include the following:

1.

Annual profiles.

2.

Comprehensive Development Plan background reports.

3.

Issue papers.

4.

Working drafts.

5.

Testing or infrastructure capacities.

6.

Analysis of appropriate implementation regulations and performance standards.

7.

Enactment of implementing ordinances.

K.

To undertake the day-to-day administration of this Code, including drafting and amending application forms and landscape plant lists.

L.

To inspect buildings, uses, developments, or other activities for compliance with this Code.

M.

An appendix to this Chapter shall be maintained by the Department and shall be amended as deemed necessary by the Department. The Department shall cause notice of the amendments to be published in the Sunday edition of the News Journal and posted on a web page established for legal notices on the County's website and the public shall have twenty (20) days from the date of posting to submit written comments to the Department. The Department of Law shall be required to approve all legal forms and documents which appear in the appendix and shall review and approve all changes.

N.

All other responsibilities and duties pursuant to 9 Del. C. § 1301 (Department of Land Use Functions).

(Ord. No. 97-172, § 3(ch. 13, § 30.410), 12-31-1997; Ord. No. 01-112, § 1(Exh. A), 3-12-2002; Ord. No. 09-066, § 14, 10-13-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011; Ord. No. 22-053, § 4, 10-25-2022)

The PLUS shall be responsible for the following:

A.

Review and make recommendations for major subdivision and land development plans.

B.

Review and make recommendations on zoning applications.

(Ord. No. 97-172, § 3(ch. 13, § 30.420), 12-31-1997; Ord. No. 09-066, § 15, 10-13-2009)

Editor's note— Ord. No. 09-066, § 15, adopted October 13, 2009, changed the title of Section 40.30.420 from "Technical Advisory Committee" to "State of Delaware Preliminary Land Use Service (PLUS)." The historical notation has been preserved for reference purposes.

Cross reference— Boards, committees and commissions, ch. 2, art. 4.

The purposes and duties of the RPATAC are to:

A.

Provide technical support and recommendations to the Department concerning the technical definition and criteria of any resource protection area or level as depicted in Table 40.10.010.

B.

Advise the Department when it is determined that environmental standards contained in this Article should be amended.

C.

Provide technical support and recommendations to the Department, Board of Adjustment and Planning Board concerning any application concerning an Article 10 standard.

D.

Advise the Department when the RPATAC determines that Article 10, or any regulations, interpretations or policies promulgated pursuant to Article 10, should be amended.

E.

Assist the Department as requested.

F.

Provide technical support, review and recommendations on all floodplain variance applications and variance applications concerning the reduction of the required OSR for major residential land developments depicted in Table 40.04.110.

G.

Upon the request of the Department, RPATAC shall provide recommendations regarding application of the standards to rezoning, subdivision, and land development submissions relative to any issue involving a protected resource.

H.

Provide technical support and recommendations to the Department concerning the transfer of development rights from one WRPA to another.

(Ord. No. 97-172, § 3(ch. 13, § 30.430), 12-31-1997; Ord. No. 14-126, § 9, 1-13-2015; Ord. No. 18-020, § 21, 7-10-2018)

Cross reference— Boards, committees and commissions, ch. 2, art. 4.

A.

The General Manager of the Department of Land Use, or his or her designee, is hereby designated as the Floodplain Administrator under this Code.

B.

Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

1.

Coordinate with the Building Official to support administration, interpretation, and enforcement of the flood load and flood-resistant construction provisions of the building code.

2.

Review applications for permits to determine whether proposed activities will be located in special flood hazard areas.

3.

Interpret floodplain boundaries and provide flood elevation and flood hazard information.

4.

Advise applicants for new construction or substantial improvement of structures that are located on any coastal barrier within the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that federal flood insurance is not available on such structures; areas subject to this limitation are shown on flood insurance rate maps as identified undeveloped coastal barriers or Otherwise Protected Areas.

5.

Review applications to determine whether proposed activities will be reasonably safe from flooding.

6.

Review applications to determine whether all necessary permits have been obtained from those Federal, state or local agencies from which prior or concurrent approval is required.

7.

Verify that applicants proposing to alter or relocate a watercourse have notified adjacent communities and the Delaware Department of Natural Resources and Environmental Control (Division of Watershed Stewardship), and have submitted copies of such notifications to the Federal Emergency Management Agency.

8.

Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or disapprove the same in the event of noncompliance.

9.

Inspect special flood hazard areas to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.

10.

Review submitted elevation certificates for completeness.

11.

Submit to FEMA data and information necessary to maintain flood hazard maps, including hydrologic and hydraulic engineering analyses prepared by or for New Castle County, corrections to labeling or planimetric details, etc.

12.

Maintain and permanently keep all records for public inspection that are necessary for the administration of these regulations including flood insurance rate maps, letters of map amendment and revision, records of issuance and denial of permits, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing permits, elevation certificates, other required certifications, variances, and records of enforcement actions taken for violations of these regulations.

13.

Enforce the provisions of these regulations.

14.

Assist with and coordinate flood hazard map maintenance activities.

15.

Conduct with the Building Official, determinations as to whether existing buildings and structures damaged by any cause and located in special flood hazard areas, have been substantially damaged.

16.

Make reasonable efforts to notify owners of substantially damaged buildings and structures of the need to obtain a permit prior to repair, rehabilitation, or reconstruction, and to prohibit the non-compliant repair of substantially-damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a structure to prevent additional damage.

17.

Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assisting owners with National Flood Insurance Program claims for Increased Cost of Compliance payments.

18.

Notify the Federal Emergency Management Agency when the boundaries of the County have been modified.

(Ord. No. 97-172, § 3(ch. 13, § 30.440), 12-31-1997; Ord. No. 14-126, § 10, 1-13-2015)

Cross reference— Administration, ch. 2; officers and employees, ch. 2, art. 3.

A DRAC shall be established for each Hometown Overlay District. The Department shall be the professional staff for each Committee.

A.

Purposes and duties of each Committee shall be:

1.

The Committee shall review plans for land development applications for compliance with the Community Redevelopment Plan and/or Design Guidelines manual and make recommendations to the Department.

2.

The Committee shall review the community standards and make recommendations for revisions and updates to the Community Redevelopment Plan and/or Design Guidelines manual.

3.

Any other purpose provided in Division 40.26.400.

B.

The Committee shall adopt bylaws and rules in accordance with Article 30. Each Committee shall comply with the following:

1.

All public meetings shall be open to the public.

2.

A majority of the Committees' members shall constitute a quorum necessary to take action and transact business. All actions shall require a simple majority of the quorum.

3.

In the event that any member is no longer a resident of the County; is convicted of a felony or an offense involving moral turpitude; violates rules of the board; fails to attend any three (3) consecutive, regularly scheduled meetings except where such absence is deemed by the chairman to be due to illness, incapacity, or a family crises; or, has three (3) unexcused absences in one (1) year, that member shall forfeit his/her membership on such committee. "Regularly scheduled meeting" shall mean a meeting at which a committee member is expected to be present. The chairman of each committee shall forward a letter to the County Executive stating that a vacancy exists on the board and the name of the member who held the forfeited position. The County Executive shall terminate the appointment of such person with the consent of the County Council.

C.

Members. The District Council person(s), in whose councilmanic district a Hometown Overlay is found, shall make recommendations to the County Executive who shall appoint members subject to County Council consent. The County Executive shall appoint members subject to the following guidelines:

1.

The minimum number of members shall be five (5) and the maximum number shall be nine (9). The chairperson shall be appointed and serve at the pleasure of the County Executive. The Vice-chairperson is appointed by the Chairperson. The Chairperson shall be in charge of all proceedings, and take such action as necessary to preserve order and integrity of all proceedings.

2.

Each committee shall, with the exception of the chairperson, be comprised equally of business and homeowner/residential interests.

3.

The committee shall be comprised of residents or property owners of the area affected by the overlay district and the surrounding area identified in the Community Redevelopment Plan, except that one (1) registered landscape architect and one (1) registered architect who resides outside of the community may be appointed to the committee.

4.

Each committee member shall be appointed for a term of three (3) years. Initial appointments shall be staggered as one (1), two (2) and three (3) year appointments, with each subsequent appointment to be three (3) years. An individual may serve until replaced and may be reappointed any number of times.

(Ord. No. 03-107, § 1(Exh. A), 3-23-2004; Ord. No. 08-032, § 3, 7-8-2008; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The Recorder of Deeds shall not receive for filing or recordation any plan of land or any plan showing an arrangement of lots or parcels of land, streets, easements or rights-of-way, unless and until, in accordance with the regulations contained in this Chapter, such plan shall have been submitted to and approved by the Department and by County Council and each such approval shall have been endorsed in writing on the plan by the General Manager of the Department and by the President of County Council.

B.

Any plan received by the Recorder of Deeds for filing or recording without the approval of the Department and County Council endorsed thereon shall be null and void and without legal effect and shall, upon application of the Department or County Council to the Superior Court, be expunged from the records of the Recorder of Deeds.

C.

Whoever causes any plan to be filed or recorded contrary to this Article shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00). The Superior Court shall have exclusive original jurisdiction over offenses committed in violation of this Section.

(Ord. No. 97-172, § 3(ch. 13, § 30.510), 12-31-1997)

A.

No street, sanitary sewer, storm sewer, water main or other improvement shall be constructed, opened or dedicated for public use or for the common use of occupants of buildings abutting thereon, and no part of any land which has been subdivided or condominium units created through the conversion of rental units, regardless of the time of filing a declaration under 25 Del. C.Ch. 22 (Unit Property Act), after the adoption of the regulations contained in this Chapter under 9 Del. C.Ch. 30 (Subdivision and Land Development), shall be sold, transferred or conveyed, except pursuant to an approval received for the land subdivision in accordance with such regulations.

B.

No person shall:

1.

Record a deed in the Office of the Recorder of Deeds unless the deed recites the tax parcel number for the parcel that is the subject of the conveyance, and the reference number or other recording data from the Recorder of Deeds for the recorded subdivision or land development plan that established the title lines for the parcel that is the subject of the deed, if the parcel was established by a subdivision or land development plan.

2.

Record a deed in the Office of the Recorder of Deeds for a conveyance that is exempt from the subdivision regulations pursuant to the agricultural exemption set forth in this Chapter and 9 Del. C. § 3001(10)(a) (Definition of Subdivision) unless accompanied by an affidavit reciting the exemption and the transferee's intent that he or she intends to devote the transferred property to agricultural use. The affidavit shall be an exhibit to the deed and be recorded with the deed. The affidavit shall be in the following form:

I/We, (NAME), swear or affirm, as the purchaser(s) of the land that is the subject of this deed, that I/We presently intend to devote the land to agricultural purposes and do not presently intend to construct any new streets or easements of access on the land.

Purchaser's Signature

SWORN TO AND SUBSCRIBED before me, a Notary Public, this _____ day of ________, ___.

Notary Public

My Commission Expires: _____

C.

Any person who violates Subsection A or B shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars ($1,000.00). Each lot or parcel so transferred or sold and each improvement so constructed, opened or dedicated shall be deemed a separate violation, and each and every day during which such violation continues shall be deemed a separate violation. The Justice of the Peace Court shall have exclusive original jurisdiction over offenses listed in this Section.

D.

The County or any owner of real estate affected by such violation may, in addition to other remedies provided by law or equity institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or otherwise correct such violation.

E.

Any deed, lease or other document which leases, conveys or transfers a parcel(s) of land of ten (10) or more acres and which was duly executed by the proper parties and recorded prior to September 24, 1991 shall operate as and be a legal, valid and effective division of land under this Code.

(Ord. No. 97-172, § 3(ch. 13, § 30.520), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)

A.

The placement of a mortgage after the adoption of the ordinance from which this Section derives on a parcel which is a portion of a tract of land that is the subject of a record plan, such mortgaged parcel not conforming to the lot lines on the record plan, shall not be considered a subdivision, provided that the mortgage and any easements or other interests in the remaining lands in the subdivision tract are approved by the Department or are not disapproved by the Department within ten (10) days after they are submitted. The placement of such a mortgage shall in no way change the effect of the record plan on the land.

B.

If such a portion of a tract of land which is the subject of a record plan is sold by virtue of the foreclosure of any such mortgage encumbering that portion, neither the foreclosing mortgagee nor any purchaser at the mortgage foreclosure sale shall be required to obtain a separate subdivision approval. In addition, the sale shall not be considered a subdivision nor shall such a sale in any way change the effect of the record plan on the land. No changes need be made in the record plan because of the existence of the new lot line created by the foreclosure sale, nor will this new lot line be deemed to create any violations of this Code.

C.

For the placement of a mortgage or the occurrence of a foreclosure sale such as described in Subsection A or B, no certificate of occupancy shall be issued for any building or facility constructed on such lands unless the record plan, the drainage plan, and any other requirements of this Code have been complied with in the same manner as would be required if there had been no mortgage or foreclosure sale, including the development of any lands or facilities required in any other part of the subdivision tract.

(Ord. No. 97-172, § 3(ch. 13, § 30.530), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)