A.
A Code Enforcement Officer shall administer and enforce
this chapter. He/she may be provided with the assistance of such other
persons as the Town Council may direct.
B.
The Code Enforcement Officer shall require that the
application for a building or alteration permit and accompanying plot
contain all of the information necessary to enable him to ascertain
whether the application complies with the provisions of this chapter.
C.
If the Code Enforcement Officer finds that any of
the provisions of this chapter are being violated, he shall notify,
in writing, the person responsible for such violations, indicating
the nature of the violation, and ordering the action necessary to
correct it. He shall order the discontinuance of any illegal use of
land, buildings and/or structures and shall order the removal of any
illegal buildings, structures and/or illegal work being done on the
premises. The Code Enforcement Officer shall also be authorized to
take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions.
D.
The Code Enforcement Officer shall prepare an administrative
report of actions taken and present it to the Town Manager and the
Town Council, once monthly or more often, at the discretion of the
Town Manager.
[Added 12-14-2010 by Ord.
No. 11-03; amended 10-9-2018 by Ord. No. 19-04]
A.
Site plan approval shall be required for the establishment,
erection or enlargement of all of the following structures or uses:
(1)
General business, professional office or industrial
buildings;
(2)
Dwellings containing two or more dwelling units;
(3)
Churches, temples, and synagogues;
(4)
Schools and other public buildings;
(5)
Docks, piers, bulkheads or other over-water structures
except for private piers accessory to a dwelling; and
(6)
The subdivision or the combining of land into two
or more parcels, lots, units or sites for the purpose of offer, sale,
lease, or development.
B.
The purpose of the review of site plans shall be to
protect and provide for the public health, safety and general welfare
of the Town and neighborhood, and to accomplish the following objectives:
(1)
To guide the future growth and development of the
Town in accordance with the Comprehensive Plan;
(2)
To provide for adequate light, air and privacy; to
secure safety from fire, flood and other danger; and to prevent overcrowding
of the land and undue congestion of population;
(3)
To protect the character and the social and economic
stability of all parts of the Town and to encourage the orderly and
beneficial development of all parts of the Town;
(4)
To protect and conserve the value of land throughout
the Town and the value of buildings and improvements upon the land,
and to minimize the conflicts among the uses of land and buildings;
(5)
To guide public and private policy and action in order
to provide adequate and efficient transportation, water, sewerage,
schools, parks, playgrounds, recreation, and other public requirements
and facilities;
(6)
To provide the most beneficial relationship between
the uses of land and buildings and the circulation of traffic throughout
the Town, having particular regard to the avoidance of congestion
in the streets and highways and the pedestrian traffic movements appropriate
to the various uses of land and buildings, and to provide for the
proper location and width of streets and building lines;
(7)
To establish reasonable standards of design and procedures
for development, in order to further the orderly layout and use of
land;
(8)
To insure that public facilities are available and
will have a sufficient capacity to serve the proposed developments;
(9)
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
throughout the Town in order to preserve the integrity, stability,
and beauty of the community and the value of the land;
(10)
To preserve the natural beauty and topography
of the Town and to insure appropriate development with regard to these
natural features; and
(11)
To provide for conceptual open spaces through
the most efficient design and layout of the land.
C.
No building permit or certificate of zoning compliance shall be issued for any structure or use listed in Subsection A above until a site plan has been approved by the Town Council in accordance with the provisions of this article. An applicant for a certificate of zoning compliance shall not be required to comply with Subsection A for any structure or use listed therein when the proposed applicant seeks to use the premises for a permitted use within the zoning district in which the premises are situated and there is no alteration, enlargement or modification to the premises which would otherwise require a site plan approval. To assure a good arrangement and appearance and to insure harmony with the Comprehensive Plan, site plans are required for all uses involving new construction, expansion, or intensification of an existing use, unless otherwise subject to separate procedures and except when dealing with a single-family dwelling on an existing, approved plat.
D.
Procedure.
(1)
A preliminary application meeting between the Code
Enforcement Officer and the applicant is encouraged in order to provide
the opportunity to review and comment on conceptual drawings in advance
of a formal or site plan application and early in the design process,
before considerable expense on engineered drawings has been incurred
by the applicant.
(2)
A conceptual plan shall be presented and submitted
by the applicant to the Planning and Zoning Commission. The Planning
and Zoning Commission shall determine whether a conditional use review
is necessary and if the plan is consistent with the most recently
certified Comprehensive Plan. The Commission may make suggestions
to the applicant that will improve the project and/or bring the project
more into compliance with the standards, goals, and intent of this
chapter and the Municipal Development Strategy/Comprehensive Plan.
These suggestions shall be transmitted to the applicant, in writing,
after the meeting.
(3)
Prior to formal review by the Town Council, the Planning
and Zoning Commission shall review the proposal, determine whether
or not the applicable standards provided by this chapter have been
observed, note objections to such parts of the plans as do not meet
the standards, make corrections and recommendations for desired changes
to effect compliance with this chapter, and when satisfied that the
site plan complies with the requirements of this chapter, shall make
recommendations to the Town Council with respect to the site plan.
Proposals requiring both a site plan approval and action by the Board
of Adjustment shall be submitted to the Town Council for site plan
review.
(4)
Six copies of the preliminary site plan shall be submitted
to the Code Enforcement Officer who shall transmit said plans to the
Planning and Zoning Commission and/or consultant for review and comment
at its next regular meeting if the plans are submitted 30 working
days prior to said meeting. A preliminary site plan submitted for
review shall not be dated 60 calendar days before the date of its
submission.
(5)
The Planning and Zoning Commission shall review the preliminary plan with respect to the objectives described in Subsection A above and may, if it deems necessary, refer the plan to the Delaware Department of Transportation, the Superintendent of Schools, the Town Engineer or any other appropriate agency or person for comment.
(6)
Within 45 working days after the meeting at which
the preliminary site plan is received, the Planning and Zoning Commission
shall take action to approve, approve with conditions or disapprove
the preliminary site plan.
(7)
After the approval of a preliminary site plan, a final
site plan shall be prepared and submitted to the Town Manager who
shall transmit said plans to the Town Council for review at its next
meeting, if the plans are submitted 30 working days prior to said
meeting.
(8)
In the case of a subdivision involving the extension
or creation of streets, the Town Council shall hold a public hearing
at the meeting at which it considers the subdivision plan and shall
give public notice of the hearing as prescribed by Delaware law.
(9)
Within 60 working days after the meeting at which
the final site plan is received, the Town Council shall take action
to approve or disapprove the final site plan. In the case of an approved
site plan and/or subdivision involving the extension or creation of
streets, the Town Council shall authorize and require the recording
of the final plan in the Sussex County Recorder of Deeds' office within
180 days. The applicant must provide proof of recordation to the Town.
If the final site plan is not filed within this period, the approval
shall expire.
E.
Requirements for preliminary site plan.
(1)
Preliminary site plans shall show the seal and signature
of a registered Delaware land surveyor or registered professional
engineer, and all drawings shall be on sheets no larger than 24 inches
by 36 inches and at a scale of not more than 100 feet to one inch.
(2)
Application for a preliminary site plan shall be presented
by the owner. Anyone acting on the owner's behalf must provide sufficient
proof of the owner's permission to do so.
(3)
The preliminary plan shall show the following information
and data:
(a)
Geographical location, showing existing zoning
districts boundaries; small key map giving the general location of
the parcel to the remainder of the Town; the site in relation to all
remaining property owners and surrounding property within the distance
of 250 feet of the applicant's property; Tax Map and parcel number;
name of the development. Plan shall cite deed book volume and page
reference, referencing the volume and page in which the current deed
and ownership to the property may be found in the Recorder of Deeds'
office, Georgetown, DE;
(b)
The name and address of the owner of record;
(c)
The name and address of the person, firm or
organization preparing the plan;
(d)
Date, north point, and scale;
(e)
Property boundaries and total size of the site
in acres or square feet;
(f)
Existing zoning and proposed zoning changes;
(g)
Names of adjacent property owners and parcel
numbers;
(h)
The locations, names and existing widths of
adjacent street rights-of-way and curblines;
(i)
Location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjoining the property;
(j)
An outline of existing or proposed deed restrictions
or covenants applying to the property;
(k)
Topographic contours at two-foot intervals,
unless waived by the Town Council as clearly unnecessary to review
the project or proposal;
(l)
Location of all wetlands (both state and federal)
shall be indicated, in order to facilitate compliance with Town, state
and federal wetland compliance;
(m)
The location of the one-hundred-year floodplains
based on current Flood Insurance Rate Maps;
(n)
Existing structure(s);
(o)
Net developable area and maximum number of permitted
dwellings units;
(p)
The location and nature of all proposed construction,
including but not limited to buildings, streets, sidewalks, parking,
driveways, loading areas, signs and utilities;
(q)
The approximate number of dwelling units to
be included in each type of housing: single-family dwellings, two-family
dwellings, townhouses, apartments, and/or number of units for other
uses and their designation;
(r)
Location of the width of all proposed streets
and rights-of-way;
(s)
Proposed buildings and structures, dimensions,
setbacks and heights designated required for conformity to this chapter,
including an architect's drawing of each building or typical building
and showing front, side and rear elevations and proposed uses;
(t)
The approximate location and size of all existing
and proposed nonstructure or pavement areas or significant natural
features, including but not limited to buffer areas, landscaping,
wooded areas and bodies of water;
(u)
The approximate location and size of recreational
areas;
(v)
The approximate location of point ingress and
egress to existing public roads;
(w)
Plans for any proposed grading, excavation or
recontouring of the site, which shall include plans and illustrations
for soil and erosion control measures;
(x)
Plans for surface drainage of the site; and
(y)
The number of construction phases proposed,
if any, with the plot showing the approximate boundaries of each phase
and the proposed completion date of each phase.
(4)
The Town Council may establish additional requirements
for preliminary site plans and may waive any particular requirement
if, in its opinion, the inclusion of the requirement is not essential
to a proper decision on the proposed structure, site, or project.
F.
Requirements for final site plans.
(1)
The final site plan shall contain the same data required
for the preliminary site plan but shall reflect any changes required
or made as a result of the preliminary site plan reviewed by the Town
Council;
(2)
The final site plan shall be sealed and prepared by
a registered Delaware professional land surveyor;
(3)
The final site plan shall comply with all existing
laws, regulations and ordinances governing the approval of subdivisions,
if applicable, and provide sufficiently accurate dimensions and construction
specifications to provide the data necessary for the issuance of constructions
permits; and
(4)
The final site plan shall show the following:
(b)
The location and sizes of sanitary and storm
sewers, water mains, culverts and other underground structures in
or near the project;
(c)
The location and character of construction of
proposed streets, alleys, driveways, sidewalks, curb cuts, entrances
and exits, parking and loading areas (including numbers of parking
and loading spaces), outdoor lighting systems, storm drainage and
sanitary facilities;
(d)
The location and dimensions of proposed lots
showing setback lines meeting the area and yard requirements of the
designated district;
(e)
The location and size of proposed areas designated
for a public purpose, including but not limited to recreational use
and open space;
(f)
The location, with respect to each other and
to lot lines and height, of all proposed buildings and structures,
accessory and main, or major excavations. The locations should be
drawn to scale, and full dimensioning is required;
(g)
The plans and elevations of the several dwelling
types and other buildings, as may be necessary;
(h)
The location, height and material of all fences,
screen plantings and landscaping;
(i)
The proposed location and character of residential
uses, commercial or industrial uses, accessory or main;
(j)
The location, character, size, height and orientation
of proposed signs;
(k)
A tabulation of the total number of acres in
the project, gross or net, as required in the district regulations,
and the percentage thereof proposed to be devoted to the dwelling
types, commercial uses, other nonresidential uses, off-street parking,
streets, parks and recreational areas, schools and other reservations;
(l)
A tabulation of the total number of dwelling
units of different types in the project and the overall project density
in dwelling unit per acre, gross or net, as required by district regulations;
and
(m)
The location of all wetlands (both state and
federal) shall be indicated by legal description with bearings and
distances with each flag point numbered. A signed and dated statement
by an experienced qualified professional shall be provided verifying
the accuracy of the delineation. If the site contains no wetlands,
then the plan must contain an appropriate statement to such effect
from the same professional. Building lots containing wetlands shall
be identified by notation stating that "construction activities within
these sites may require a permit from the United States Army Corps
of Engineers, the State of Delaware and/or the Town of Millville."
G.
Additional requirements and waiving requirements.
(1)
In addition to the other provisions contained within
this article and for the purpose of achieving the intent of each zoning
district, the approval of a site plan shall include consideration
of the following:
(a)
Integration of the proposed structure or uses
into existing terrain and surrounding landscape;
(b)
Minimal disturbance of wetlands and floodplains;
(c)
Preservation of natural historical features;
(d)
Preservation of open spaces and scenic views;
(e)
Minimal disturbance of tree, vegetation and
soil removal and grade changes;
(f)
Screening of objectionable features from neighboring
properties and roadways;
(g)
Provision for water supply;
(h)
Provision for sewage disposal;
(i)
Prevention of pollution of surface water and
groundwater;
(j)
Minimization of erosion and sedimentation; minimization
of changes in groundwater levels; minimization of increased rates
of runoff; minimization of potential for flooding; and design of drainage
so that groundwater recharge is maximized;
(k)
Provision for safe vehicular and pedestrian
movement within the site and to adjacent ways;
(l)
Effect on area property values;
(m)
Preservation and conservation of farmland;
(n)
Effect on schools, public buildings and community
facilities;
(o)
Effect on area roadways and public transportation;
(p)
Compatibility with other area land uses; and
(q)
Effect on area waterways.
(2)
The Town Council may establish additional requirements
for final site plans and may waive a particular requirement if, in
its opinion, the inclusion of the requirement is not essential to
a proper decision on the proposed structure, site, or project.
No building or other structure shall be erected,
moved, added to, or structurally altered without a permit therefor,
issued by the Code Enforcement Officer. No building permit shall be
issued by the Code Enforcement Officer except in conformity with the
provisions of this chapter, unless he receives a written order from
the Board of Adjustment in the form of an administrative review, special
exception, or variance as provided by this chapter.
A.
All applications for building permits shall be accompanied
by plans in triplicate drawn to scale, showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations
and dimensions of the proposed uses of the building and land; a letter
of approval from the applicant's homeowners' association, if any association
exists; a copy of the applicant's Sussex County building permit, if
Sussex County requires such a permit; a copy of the approved construction
permit for septic system as approved by the Department of Natural
Resources and Environmental Control; the number of families, housekeeping
units, or rental units the building is designed to accommodate; conditions
existing on the lot; and such other matters as may be necessary to
determine conformance with, and provide for the enforcement of, this
chapter.
[Amended 8-8-2017 by Ord.
No. 18-01]
B.
One copy of the plans shall be returned to the applicant
by the Code Enforcement Officer after he shall have marked such copy
either as approved or disapproved and attested to the same by his
signature on such copy. The original and one copy of the plans, similarly
marked, shall be retained by the Code Enforcement Officer.
C.
At the Code Enforcement Officer's discretion, a survey
may be required identifying postconstruction conditions and building
location on the property, including all setbacks.
A.
If the work described in any building permit, except
a permit granted for a dwelling or dwelling unit, has not been substantially
completed, which shall mean approximately 80% completed or greater,
within one year of the date of issuance thereof, said permit shall
expire and be canceled by the Code Enforcement Officer and written
notice thereof shall be given to the persons affected, together with
notice that further work as described in the canceled permit shall
not proceed unless and until a new building permit has been obtained.
B.
If the work described in any building permit shall
be for the repair or construction of a dwelling or dwelling unit and
is not completed within one year or within one renewal period of the
original permit, said permit shall expire and be canceled by the Code
Enforcement Officer and written notice thereof shall be given to the
person affected, together with notice that further work as described
in the canceled permit shall not proceed unless and until a new building
permit has been obtained.
C.
If a variance is granted by the Board of Adjustment
and the variance is not exercised for a period of one year from the
date of the decision by the Board of Adjustment, the variance shall
lapse and be void.
All applications for zoning permits shall be
accompanied by a drawing or plat in duplicate or as required by the
Code Enforcement Officer, showing, with dimensions, the lot lines,
the building or buildings, the location of buildings on the lot and
such other information as may be necessary to provide for enforcement
of these regulation, including, if necessary, a boundary survey and
a staking of the lot by a professional surveyor registered in the
State of Delaware and complete construction plans. Drawings shall
contain suitable notations indicating the proposed use of all lands
and buildings. A careful record of the original copy of such application
and plats shall be kept in the office of the Code Enforcement Officer
and a duplicate copy shall be kept at the building at all times during
construction.
A.
It shall be unlawful to use or occupy or permit the
use or occupancy of any building or premises, or both, or part thereof
hereafter created, erected, changed, converted, or wholly or partly
altered or enlarged in its use or structure until a certificate of
zoning compliance shall have been issued therefor by the Code Enforcement
Officer stating that the proposed use of the building or land conforms
to the requirements of this chapter.
B.
A temporary certificate of zoning compliance may be
issued by the Code Enforcement Officer for a period not exceeding
six months during alterations or partial occupancy of a building pending
its completion, provided that such temporary certificate may include
such conditions and safeguards as will protect the safety of the occupants
and the public.
C.
The Code Enforcement Officer shall maintain a record
of all certificates of zoning compliance, and a copy shall be furnished
upon request to any person, per Town policy.
