[Adopted 1-26-1988 as Ord. No. 488]
As used in this Article, the following terms
shall have the meanings indicated:
Any structure, building, edifice or part thereof.
Alteration, removal, demolition, addition, repair or construction
of any new or old building.
Any architect, builder, contractor, repairman, agent, partner
or corporation, as well as an individual.
The entire boundaries of the county, including incorporated
townships.
[Amended 4-7-1992 by Ord. No. 822; 3-21-1995 by Ord. No.
1016; 11-8-2005 by Ord. No. 1804; 4-2-2006 by Ord. No. 1842; 12-2-2008 by Ord. No. 2008; 10-12-2010 by Ord. No. 2152; 5-21-2019 by Ord. No. 2656; 6-21-2022 by Ord. No. 2868]
The schedule of fees for permits and applications
for buildings and the like shall be as hereinafter indicated:
A.Â
Building and zoning permits.
(1)Â
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)Â
The fee for properties not within incorporated municipalities that
have their own Zoning Code shall be included in the schedule of fees
adopted as part of the annual Sussex County budget.
(3)Â
The fee for properties within incorporated municipalities that have
their own Zoning Code shall be included in the schedule of fees adopted
as part of the annual Sussex County budget.
B.Â
Manufactured home placement permits.
(1)Â
The fee for properties not within incorporated municipalities that
have their own Zoning Code shall be included in the schedule of fees
adopted as part of the annual Sussex County budget.
(2)Â
The fee for properties within incorporated municipalities that have
their own Zoning Code shall be included in the schedule of fees adopted
as part of the annual Sussex County budget.
C.Â
Sign permits.
D.Â
Board of Adjustment.
(1)Â
Special use exception for manufactured homes: This fee shall be included
in the schedule of fees adopted as part of the annual Sussex County
budget.
(2)Â
Other special use exceptions: These fees shall be included in the
schedule of fees adopted as part of the annual Sussex County budget.
(3)Â
Variances: These fees shall be included in the schedule of fees adopted
as part of the annual Sussex County budget.
E.Â
Change of zone: These fees shall be included in the schedule of fees
adopted as part of the annual Sussex County budget.
F.Â
Conditional use: These fees shall be included in the schedule of
fees adopted as part of the annual Sussex County budget.
G.Â
Demolition fee: This fee shall be included in the schedule of fees
adopted as part of the annual Sussex County budget.
H.Â
Site plan review fee.
(1)Â
Multifamily residential: This fee shall be included in the schedule
of fees adopted as part of the annual Sussex County budget.
(2)Â
Commercial: This fee shall be included in the schedule of fees adopted
as part of the annual Sussex County budget.
(3)Â
Industrial and private institutional: This fee shall be included
in the schedule of fees adopted as part of the annual Sussex County
budget.
(4)Â
Manufactured home parks and parks or campgrounds for mobile campers
and tent camping: This fee shall be included in the schedule of fees
adopted as part of the annual Sussex County budget.
I.Â
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. This fee shall be included in the schedule of fees adopted as part of the annual Sussex County budget.
(1)Â
For the town centers and developing areas around Greenwood, Bridgeville,
Seaford, Blades, Laurel, and Delmar, this fee shall be included in
the schedule of fees adopted as part of the annual Sussex County budget.
(2)Â
For the town centers and developing areas around Milford, Milton,
Ellendale, Georgetown, Millsboro, Dagsboro, Frankford and Selbyville,
this fee shall be included in the schedule of fees adopted as part
of the annual Sussex County budget.
(3)Â
For the Coastal Area, this fee shall be included in the schedule
of fees adopted as part of the annual Sussex County budget.
[Amended 1-23-1990 by Ord. No. 653; 4-18-2000 by Ord. No.
1370]
A.Â
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.Â
Inspection fee.
[Added 11-28-2006 by Ord. No. 1878]
(1)Â
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)Â
An initial inspection fee 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 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.
All inspection fees shall be included in the schedule of fees adopted
as part of the annual Sussex County budget.
[Amended 6-21-2022 by Ord. No. 2868]
(2)Â
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.
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.
[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.
Permits will not be required for repairs to
structures that will not improve more than 10% of the existing structures.
The Director of Assessments shall make a final
determination if a permit is required after a violation has been issued.
This Article applies to all property owners
within Sussex County, with no exemptions to property owners within
municipalities where town permits are required.
Failure to obtain the required permit will result
in appropriate legal proceedings instituted by Sussex County in a
court of proper jurisdiction.
