[HISTORY: Adopted by the Town Council of
the Town of Millville 12-18-2007 by Ord. No. 07-13; amended in its entirety 11-12-2019 by Ord. No. 20-05. Subsequent amendments noted where applicable.]
The Town staff of the Town of Millville having authority to
accept applications and issue approvals, permits, licenses and/or
provide Town services shall first determine that the applicant is
current on and not in default of certain obligations, including, but
not limited to, public works agreements, landscaping agreements, and
subdivision development agreements, owed to the Town.
Applicants for Town approvals, permits, licenses and/or the
use, receipt or provision of Town services shall be current on all
of the following obligations to the Town, the request for compliance,
repair, or payment of which has been sent via regular mail, email,
facsimile or hand delivery at least 30 days prior, prior to receiving
such approvals:
A.
Property taxes.
B.
Capitation taxes.
C.
Application fees and any applicable professional fees.
D.
Subdivision fees and any applicable professional fees.
E.
License fees.
F.
Permit fees, including building permits, building code and inspection
fees.
G.
Administrative fees.
H.
Performance and surety bonds and any applicable professional fees.
I.
Site plan reviews and any applicable professional fees.
J.
Interest, penalties, court costs and/or attorneys' fees if applicable
to a default in any of the above obligations identified in this section.
K.
Agreed-upon reimbursements for costs paid by the Town.
L.
Escrow requirements.
M.
Reimbursements for costs paid by the Town, including snow removal
and any repairs to streets, curbing, and sidewalks.
N.
Emergency costs expended by the Town related to any property in which
the applicant has an interest.
O.
Repairs required by the Town for streets, curbing and sidewalks for
any property in Town in which the applicant has an interest.
P.
Outstanding obligations required by the Town or any county or state
official or agency related to a condition of any property in which
the applicant has an interest.
Q.
Obligations required by the Town, including but not limited to, public
works agreements, landscaping agreements, and subdivision development
agreements in which the applicant has an interest.
R.
Any other outstanding fee(s) authorized by Town Council as listed
in the Town's resolution entitled "Fee Schedule."
The Town staff of the Town shall refuse to accept applications and grant permits and/or approvals for the use, receipt or provisions of Town services, including but not limited to building permits, building code plan reviews and/or inspections, subdivisions, rezoning, conditional uses, variances until the property owner and/or applicant has demonstrated that all Town obligations identified in § 10-2 above are current as to all projects, lands and property owned by the individual requesting the permit, approval or Town services. If the party requesting Town approval is current on some, but not all, obligations owed to the Town, the approval, permit, license and/or Town service being applied for shall be denied until such time as all Town obligations are current and fully complied with.
A.
All Town employees who are responsible for taking applications and/or granting approvals and/or permits providing the Town services in § 10-3 shall make all reasonable efforts to determine that none of the Town obligations identified in § 10-2 are unpaid and/or that the property owner requesting the approval, permit or service is not in violation of any monetary or compliance obligation owed to the Town.
B.
Property owners who have taxes or any other obligations owed to the
Town must have written approval from the Town Manager indicating full
payment of all taxes, assessments, fees or obligations that are in
arrears before any application for a building permit, building code
approval, subdivision, rezoning, conditional use, variance, or Town
services can be accepted or approved by the Town.
C.
If any noncompliance or outstanding obligation is determined to exist,
then the Town Manager or their designee shall, in writing, deny the
application and indicate the payment, actions or filings required
for currentness and/or compliance. Failure by the Town Manager or
their designee to issue such written denial within 10 workings days
from the receipt of any application shall enable the applicant to
receive the permit or other approval for which application was made.
Any applicant denied pursuant to this chapter may appeal that
denial to the Town Manager within 15 working days of such denial.
The Town Manager, or a designee, shall thereafter hold a hearing,
at which the applicant shall be permitted to provide proof that such
payment, action, or filing has been made and carried out or that the
denial is based on incorrect information. A written decision shall
be rendered within 10 working days of the hearing. In the event the
Town Manager or designee confirms the denial after the hearing, the
applicant may then appeal the denial to the Town Council. Such appeal
must be filed in writing with the Town within 15 working days of the
written decision.
