Reader takes issue with ordinance | Letters to the editor | coastalpoint.com – Coastal Point

Editor:

The recently enacted Bethany Town Council ordinance regarding new driveway material requirements (permeable paving products) is flawed in its intent and legislative process.

I put the word enacted into quotes because the council in its own words, tabled the ordinance and, somehow, finalized it at the same time. Tabling legislation as defined in Roberts Rules of Order and every other parliamentary procedure and law, is a means to suspend consideration of legislation for further consideration, not enact it. Apparently, thats not what happens in Bethany Beach, Del.

Furthermore, the promulgation of the ordinance was woefully insufficient. As required by law, the public hearing for proposed law was printed in the newspaper of record and the hearing was open to the public. So unless you were at the hearing or happened to read the newspaper legal notices, you had no way of knowing the ordinance was enacted.

Last fall, I began the long and tedious process of finding a contractor to replace a 40-year-old stone driveway with a concrete one. During those months, I dutifully consulted with the town building inspector, who was very helpful with my design. Finally, this last May, I finalized a deal with a concrete contractor who has done a lot of private work in Bethany Beach.

Earlier this month, my contractor submitted a request for a building permit to the building inspector. To his and my surprise (and disbelief), the permit was denied. The new ordinance was in now in effect. The contractor, who has done many concrete projects for the town, had no idea that the driveway requirements had changed nor the availability and cost of permeable products.

I immediately called the building inspector, who understood my concern but was powerless to provide any remedy. I then checked the Town website to research the ordinance. Incredibly, the newly enacted ordinance was not listed in the list of council hearing minutes or the list of recently enacted ordinances, so, I tried to call and email the mayor or any council member. None of them have phone numbers and, unbelievably, the email links did not work, not even to the town manager.

Other than the building inspector, the only person to answer the phone was the towns office receptionist. She actually had to separately contact the assistant town manager to ask her to call me. And the assistant manager did call, offering her apology for what had happened to my permit, and tried to assure me that the ordinance was somehow properly enacted and promulgated. I strongly disagreed.

After talking to the assistant town manager, I researched permeable paving products. Ironically, I learned that both permeable concrete and pavers will eventually clog up, and require regular maintenance to remain permeable. And, not surprising, both are a lot more expensive.

Faced with this new ordinance, I suspect that most people will now stay with cheaper stone driveways, even though the use of herbicides will increase enormously. Just another unintended consequence of ill-conceived legislation. Too bad.

Harold Smith

Bethany Beach

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Reader takes issue with ordinance | Letters to the editor | coastalpoint.com - Coastal Point