Sussex County, DE
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Adopted 1-26-1988 as Ord. No. 488]

§ 62-6 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
BUILDING
Any structure, building, edifice or part thereof.
CONSTRUCTION
Alteration, removal, demolition, addition, repair or construction of any new or old building.
PERSON
Any architect, builder, contractor, repairman, agent, partner or corporation, as well as an individual.
SUSSEX COUNTY
The entire boundaries of the county, including incorporated townships.

§ 62-7 Fees for permits and applications.

[Amended 4-7-1992 by Ord. No. 822; 3-21-1995 by Ord. No. 1016; 11-8-2005 by Ord. No. 1804]
The schedule of fees for permits and applications for buildings and the like shall be as hereinafter indicated:
A. 
Building and zoning permits.
(1) 
The fee charged for permits shall be based upon standard construction values for the type of construction as provided by Marshall & Swift, or modified by the Building Official, as defined in Chapter 52 of the Sussex County Code, for particular applicability to Sussex County. Standard construction values shall be revised in January of each year to reflect changes in construction prices indices. The Building Official shall acquire input and shall consult with local building industry representatives prior to the termination of the standard construction values.
(2) 
Seven dollars and fifty cents for the first thousand; $3 for each thousand thereafter for properties not within incorporated municipalities that have their own Zoning Code.
(3) 
Five dollars for the first thousand; $2 for each thousand thereafter for properties within incorporated municipalities that have their own Zoning Code.
B. 
Manufactured home placement permits.
(1) 
Seven dollars and fifty cents for the first thousand; $3 for each thousand thereafter for properties not within incorporated municipalities that have their own Zoning Code.
(2) 
Five dollars for the first thousand; $2 for each thousand thereafter for properties within incorporated municipalities that have their own Zoning Code.
C. 
Sign permits:
[Amended 12-2-2008 by Ord. No. 2008]
(1) 
A construction permit fee shall be charged at a rate of $0.50 per square foot, with a minimum charge of $25 per sign for signs larger than 32 square feet.
(2) 
Annual fees shall be charged at a rate of $0.25 per square foot, with a minimum charge of $25 per sign for signs larger than 32 square feet. A one-time fee of $7.50 will be charged for signs 32 square feet or smaller.
D. 
Board of Adjustment.
(1) 
Special use exception for manufactured homes: $400.
[Amended 10-12-2010 by Ord. No. 2152]
(2) 
Other special use exceptions: $400.
(3) 
Variances: $400.
E. 
Change of zone: $500.
F. 
Conditional use: $500.
G. 
Demolition fee: no charge.
H. 
Site plan review fee.
(1) 
Multifamily residential: $50 minimum, plus $2 per dwelling unit in excess of 10 dwelling units.
(2) 
Commercial: $50 minimum, plus $2 per 1,000 square feet in excess of 4,000 square feet of gross floor area, including outside sales display and storage area.
(3) 
Industrial and private institutional: $50 minimum, plus $2 per 1,000 square feet in excess of 4,000 square feet of gross floor area, including outside sales display and storage area.
(4) 
Manufactured home parks and parks or campgrounds for mobile campers and tent camping: $50 minimum; plus $2 per site in excess of 10 manufactured home or camp sites.
[Amended 10-12-2010 by Ord. No. 2152]
I. 
Cluster fee [as required by § 115-25B(3) and F(3)]. The Council will review the fees for a density bonus under the terms of this act on an annual basis and revise such fees as it deems necessary.
[Added 4-2-2006 by Ord. No. 1842]
(1) 
For the town centers and developing areas around Greenwood, Bridgeville, Seaford, Blades, Laurel, and Delmar, $15,000 per unit in excess of two dwelling units per acre.
(2) 
For the town centers and developing areas around Milford, Milton, Ellendale, Georgetown, Millsboro, Dagsboro, Frankford and Selbyville, $15,000 per unit in excess of two dwelling units per acre.
(3) 
For the environmentally sensitive developing area, $20,000 per unit in excess of two dwelling units per acre.

§ 62-8 Filing of application; inspection fee.

[Amended 1-23-1990 by Ord. No. 653; 4-18-2000 by Ord. No. 1370]
A. 
No person shall construct or commence construction of a building or place a manufactured home, either in whole or in part, without first filing with the Sussex County Assessment Division an application, in writing, for such construction or placement and obtaining a permit therefor. Such application shall be made on forms prescribed by the Assessment Division and shall contain such information as the Assessment Division shall require. The application for permit shall also contain a site plan or sketch showing the location on the lot and a general description of the type of structure. Responsibility for a violation of this section shall rest upon the record title owner of the property at the time the construction was commenced or a manufactured home placed.
B. 
Inspection fee.
[Added 11-28-2006 by Ord. No. 1878]
(1) 
In addition to the fees currently charged for the placement and installation of a manufactured home, the Assessment Division shall also charge a fee for the inspection of foundation footers and tie downs to be paid at the time a placement permit is issued for a manufactured home as follows:
(a) 
The sum of $120, which shall entitle the owner to up to three inspections. The first inspection shall be of the footers, which must be passed before the foundation can be installed. The second inspection shall be of the tie downs, which must be passed before a certificate of occupancy is issued by the County. In the event the County does not approve the footers and/or tie downs on their first inspection, the Assessment Division shall conduct a third inspection without the payment of an additional fee. However, if the required inspections have not resulted in the approval of the footers and tie downs after three inspections, an additional fee of $40 shall be charged for each additional inspection prior to the issuance of a certificate of occupancy and any such additional inspection beyond the first three shall be paid for prior to the issuance of the certificate of occupancy.
(2) 
Effective date. The obligation of the County to perform the footer and tie down inspections and the obligation of the property owner to pay the inspection fee shall become effective on January 1, 2007.

§ 62-9 Notice of violation.

Violators of this article will be served a notice of violation by the Sussex County Assessment Division notifying them that they are in violation of said article.

§ 62-10 Late charges.

[Amended 1-23-1990 by Ord. No. 653; 6-27-2006 by Ord. No. 1856]
Any violation of this article shall result in the imposition of a late charge in an amount equal to the amount of the building permit fee. For example, if the building permit fee is $100, the amount of the late charge shall be $100 resulting in the applicant paving a total of $200, all of which shall be paid at the time of application for the building permit or manufactured home placement permit but before issuance of the permit.

§ 62-11 Exemptions.

Permits will not be required for repairs to structures that will not improve more than 10% of the existing structures.

§ 62-12 Final determination of permit need.

The Director of Assessments shall make a final determination if a permit is required after a violation has been issued.

§ 62-13 Applicability.

This Article applies to all property owners within Sussex County, with no exemptions to property owners within municipalities where town permits are required.

§ 62-14 Failure to obtain permit.

Failure to obtain the required permit will result in appropriate legal proceedings instituted by Sussex County in a court of proper jurisdiction.