Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 23 of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Annexation of territory — See Charter Section 3.
Planning Commission — See Ch. 30.
Zoning — See Ch. 220.
A. 
The Town of Milton realizes that annexation will create new growth and development that requires increased public facilities and services. To protect the public health, safety and general welfare of the land and citizens of the Town of Milton a means for planning and financing the increased demand on public facilities and services caused by annexation is necessary.
B. 
Therefore, the Town may consider and adopt an individual annexation agreement for all properties that proceed through the annexation process.
A. 
When annexation proceedings are initiated by a property owner, the Town Charter provides specific procedures for reviewing and acting upon that application. That procedure requires Council to refer the matter to the committee of the Planning and Zoning Commission to recommend the pros and cons of the proposed annexation. That procedure requires a public hearing. During this procedure terms and conditions, including cost and credits related to the application may be considered by the applicant and the Commission. When the Planning and Zoning Commission makes its recommendation to Council, that recommendation shall include proposed terms and conditions for an annexation agreement, if any.
B. 
When Town Council considers the recommendation of the Planning and Zoning Commission, the annexation agreement terms and conditions shall be finalized but only after a public hearing on the entire annexation application. The Town Council may approve the annexation contingent on the annexation agreement and consistent with the terms of its Charter.
[Amended 12-7-2009 by Ord. No. 2009-001]
The annexation agreement shall be recorded in the office of the Recorder of Deeds and will be binding on any subsequent purchasers of the annexed property. The annexation agreement may only be changed after annexation with the approval of the Town Council and the current property owners and after a public hearing considering the amendments.
[Amended 9-9-2013 by Ord. No. 2013-04]
The annexation agreement may consider the estimated incremented range of cost to the Town for providing infrastructure and service to annexed areas. In this regard, the annexation agreement should consider other existing impact fees. The agreement may consider all infrastructure and service improvement and a cost expansion to be bourne by the Town, including (but not limited to) sewer, water, electric, roads, police, snow removal and garbage collection. The annexation agreement may consider the unique characteristics of the property to be annexed, including (but not limited to) distance from Town facilities, geology, topography and compatibility with the Comprehensive Plan. The annexation agreement may consider credits to the annexee or absorbing cost that might otherwise be absorbed by the Town. The Town Council may engage a qualified consultant to assist in the development of these terms and conditions and cost and credits. For applicable annexation fees, please consult the currently effective Town of Milton Fee Schedule.
Property proposed to be annexed must be zoned independent of the annexation agreement pursuant to Chapter 220, Zoning, of the Code of the Town of Milton and state law.