[HISTORY: Adopted by the Town Council of
the Town of Milton 10-6-2003 (Ch. 5 of the prior Code). Amendments noted where applicable.]
[Amended 12-7-2009 by Ord. No. 2009-001]
The Town of Milton contracts out for building code inspections.
As used in this chapter, the following terms
shall have the meanings indicated:
To change or make different.
To fit or join together the parts.
Any structure built for the support, shelter or enclosure
of persons, chattel or property of any kind.
The Building Inspector for the Town.
The Town official in charge of enforcement of the Town of
Milton ordinances. The Code Enforcement Officer is the person appointed
for this purpose by the Town Council or their designee.
To build, erect, assemble, alter, or place a building or
structure.
[Amended 3-7-2022 by Ord. No. 2022-002]
The Town Solicitor.
To tear down completely; raze; to do away with completely.
The process of demolishing a structure.
[Added 3-7-2022 by Ord. No. 2022-002]
To construct by assembling.
The Town of Milton.
New construction is the improvement of a vacant parcel with
a primary permitted structure, or if, in the opinion of the Code Officer,
there is over 50% of alterations done on the existing primary structure
or addition to the existing floor space of the primary structure equal
to or greater than 25% or the change of use of the property from a
low- to no-volume pedestrian use to a higher volume pedestrian use
(i.e., office to a coin-operated laundry mat, a single business in
a structure to multiple businesses in the same structure).
To restore or alter condition.
[Amended 3-7-2022 by Ord. No. 2022-002]
That which is built, erected or constructed.
Every residential dwelling constructed after
the adoption of this chapter located within the corporate limits of
the Town of Milton shall have a minimum floor area of 1,100 square
feet.
[Amended 7-20-2015 by Ord. No. 2015-005; 9-12-2016 by Ord. No. 2016-008]
Except for any of the following having a fair market value totaling
less than $300 for any work, cost, and materials for completion of
the project as a whole, a building permit shall be required within
the Town of Milton under the following conditions:
A.Â
Construction of a new building or structure or portion
thereof, including but not limited to foundations, driveway paving,
sidewalks, fences, piers, docks, sheds, gazebos, decks, swimming pools,
and permanent standby electrical generation systems.
B.Â
The alteration of an existing building or structure,
excluding interior and exterior painting, laying of carpet and linoleum,
and landscaping, softscapes and pergolas.
C.Â
When an existing building or structure or portion
thereof is to be demolished or removed.
D.Â
When it is proposed to move a structure from one site
to another site or when the streets of the Town of Milton are to be
used.
A.Â
Building permits shall be valid for a period of one
year from the date of issuance.
B.Â
A building permit may be extended for a period of
one year, provided the property owner can show good cause for the
extension.
C.Â
All construction, whether authorized by a building permit or exempt
from a building permit, shall comply with the Town of Milton ordinances,
Sussex County ordinances (where applicable), state fire codes (where
applicable), building codes adopted by Sussex County and flood insurance
codes.
[Amended 9-12-2016 by Ord. No. 2016-008]
D.Â
Applications for a demolition permit shall be accompanied by a predemolition
inspection report performed by an entity licensed by the State of
Delaware to perform such an inspection, as required by the State of
Delaware.
[Added 4-20-2015 by Ord.
No. 2015-004]
E.Â
Demolition permits shall be valid for a period of 45 days from the
date of issuance.
[Added 4-20-2015 by Ord.
No. 2015-004]
F.Â
A demolition permit may be extended one time for a period of 45 days,
provided the property owner can show good cause for the extension.
[Added 4-20-2015 by Ord.
No. 2015-004]
G.Â
All demolition authorized by a valid demolition permit shall comply
with the Town of Milton ordinances, Sussex County ordinances (where
applicable), and State of Delaware Code (where applicable).
[Added 4-20-2015 by Ord.
No. 2015-004]
Before the Town of Milton may issue the permit
required, said owner or owners of the property or their duly authorized
representative shall before commencing work submit an application,
in writing, to the Town Council, which shall contain the following
information:
A.Â
The name and address of the owner or owners of the
property upon which the proposed work is to be done.
B.Â
An accurate description of the location and size of
the premises upon which the building or structure is located, or upon
which said building or structure is to be erected.
C.Â
A detailed description of work to be completed.
D.Â
The estimated cost of the building, structure or construction.
E.Â
The nature of the use for which the building is to
be used.
A.Â
Fees for all permits issued pursuant to § 85-4 shall be established from time to time by resolution of the Mayor and Town Council of the Town of Milton and shall be published in the currently effective Town of Milton Fee Schedule. In all cases, regardless of whether a building permit fee is imposed or not, a permit is still required.
[Amended 9-9-2013 by Ord.
No. 2013-04]
B.Â
Any permit issued pursuant to § 85-4, unless substantial work has commenced, shall become null and void 90 days after the date of issuing.
C.Â
If, in the opinion of the Town Council or their representative,
the valuation of any building or structure for which a building permit
is required appears to be underestimated on the application, the permit
shall be denied, unless the applicant can show detailed estimated
cost to meet the approval of the Town Council or their representative.
Permit valuation shall include the total cost, including such matters
as plumbing, electrical, mechanical equipment, other systems and labor.
[Amended 8-1-2005]
A.Â
Construction, demolition, and repair, including the
setup and cleanup related to any, shall be permitted between the hours
of 7:00 a.m. and 5:30 p.m., Monday through Friday, and between the
hours of 8:00 a.m. and 3:00 p.m. on Saturdays. No construction shall
take place on Sundays or Town of Milton holidays. Nothing contained
herein shall prevent any homeowner from working within their own boundaries,
provided that such work is done by themselves and is used exclusively
by them or their family and guests. Such privilege does not convey
the right to violate any of the provisions of this chapter, nor is
it to be construed as exempting any such property owner from obtaining
a permit and paying the required fees thereof.
[Amended 12-6-2021 by Ord. No. 2021-012; 3-7-2022 by Ord. No. 2022-002]
B.Â
In instances where a structure is damaged by fire,
flood or other force of nature so as to present an imminent danger,
the Town Manager may grant an emergency repair.
A.Â
Permission to use the public streets in the immediate
neighborhood where such building or structure is to be under erection,
alteration, removal or demolition may be granted by the Chief of Police
within such limits as may be necessary for the proper prosecution
of the work incident to such erection. This permission shall not apply
to personal vehicles or pickup trucks, but major construction equipment,
such as but not limited to cranes, front-end loaders and dumpsters.
B.Â
The permission under this section shall state what
portion of the street shall be used and shall require the person or
persons, firm or corporation securing such permission to keep clear,
at all times, all gutters and fire hydrants adjacent to the work;
and to maintain and keep caution lights on all such obstructions for
the period of one hour before sunset to one hour after sunrise. Such
permission shall also require that all sidewalks shall be kept open
to travel except where such travel may be dangerous, at which time
the area affected by such risk shall be roped off, such ropes to be
removed as soon as the risk to the public use shall be removed.
C.Â
Any damage to streets, curbs, sidewalks or other public
improvements resulting from any activities conducted under a building
permit issued or while clearing or filling a lot prior to the beginning
of construction shall be repaired by or under the direction of the
Town, all costs for such damage to be borne by the permit holder.
The use of a temporary construction building/trailer
for the construction operations of the site or subdivision is permitted
to be placed on the property or subdivision being developed as long
as a valid building permit from the Town of Milton is on file and
valid. The location/placement of such temporary building/trailer will
be arranged with Town Hall prior to placement. At no time will the
building/trailer be used for a sales office for the site or subdivision.
The temporary building/trailer will be removed once construction is
complete or if the building permit expires, is canceled or revoked.
For subdivisions the temporary building/trailer will be removed once
the infrastructure has been completed and before the dedication of
the infrastructure to the Town.
[Amended 4-20-2015 by Ord. No. 2015-004; 6-4-2018 by Ord. No. 2018-002]
The issuing of permits and the enforcement of
all the requirements of this chapter, including the inspection and
testing of all materials entering into any structure in the Town of
Milton, is hereby vested in the Town Manager or designee.
[Amended 6-4-2018 by Ord.
No. 2018-002]
A.Â
The Mayor and Town Council or their designee may revoke
a permit or approval issued under the provisions of this chapter in
case there has been any false statement or misrepresentation as to
a material fact in the application or plans on which the permit or
application or plans on which the permit or approval was based.
B.Â
Upon notice from the Mayor and Town Council or their
designee, work on any building or structure that is being done contrary
to the provisions of this chapter or in a dangerous or unsafe manner
shall be immediately stopped. Such notice shall be in writing and
shall be given to the owner of the property or to his/her agent or
to the person doing the work and shall state the condition under which
work may be resumed. Where an emergency exists, written notice shall
not be required to be given by the Mayor and Town Council or their
designee prior to the stopping the work.
[Amended 6-4-2018 by Ord.
No. 2018-002]
Whenever the Building Official shall reject
or refuse to approve the mode or manner of construction proposed to
be followed or materials to be used in the erection or alteration
of a building or structure or when it is claimed that the building
code does not apply or that the true intent and meaning of the building
code has been wrongly interpreted, the owner of such building or structure
or their duly authorized agent may appeal from the decision of the
Building Official to the Board of Appeals established by this chapter
and according to the Town's rules and regulations.
[Amended 6-4-2018 by Ord.
No. 2018-002]
[Amended 6-15-2020 by Ord. No. 2020-001]
A.Â
The Project Coordinator shall assign a street number
or letter to every lot in the Town.
B.Â
The owner of every property, immediately after having
a number or letter of the property duly assigned by the Town, shall
procure and place such number or letter of not less than three inches
in height and shall place such number or letter in a conspicuous place
near the main entrance of the structure in order that such number
shall be visible from the street on which the property fronts or faces.
The Code Enforcement Officer shall keep a chart
or file showing the proper street number or street letter of every
lot in the Town.
In the case of a number or letter being allotted
to a vacant lot, the procuring and posting of a number or letter shall
be optional with the owner.
If the owner or occupant of any building shall
not place the proper number or letter upon the property after the
number has been duly assigned, the Town Clerk shall post or cause
to be posted such number or letter and shall charge the costs thereof
to the owner or occupant of the property. No certificate of occupancy
shall be issued by the Code Enforcement Officer on any building constructed
subsequent to the adoption of this chapter until such number or letter
required by this chapter has been placed upon the property.
A.Â
If any person, firm or corporation owning any building,
shed, or structure within the Town limits of the Town of Milton shall
permit such building, shed, or structure, either because of faulty
construction or because of deterioration, or for any other reason,
to be in such condition that it is a menace to the safety of persons
or property, such condition is hereby declared to be a nuisance.
B.Â
If such a nuisance is in existence, the Town Manager or designee
shall, by written notice addressed to the said owner at his or her,
or its, or their last known post office address, call upon such owner
thereof to abate said nuisance. If said owner shall fail within a
period of 30 days after receipt of such notice to abate such nuisance,
the owner shall be considered in violation of this chapter.
[Amended 4-20-2015 by Ord. No. 2015-004; 6-4-2018 by Ord. No. 2018-002]
C.Â
If the court before which the case is tried shall determine that such building, shed, or structure, either because of faulty construction or because of deterioration, or for any other reason, is in such condition that it is a menace to the safety of persons or property, and that such menace has continued to exist for a period of 30 days after written notice by the Town Manager or designee to abate the nuisance as above set forth, such owner shall be punished as set forth in § 85-14. Each day after the said period of 30 days following the above-described notice during which the nuisance is continued shall constitute a distinct and separate offense.
[Amended 12-7-2009 by Ord. No. 2009-001; 4-20-2015 by Ord. No. 2015-004; 6-4-2018 by Ord. No. 2018-002]
[Amended 6-4-2018 by Ord.
No. 2018-002]
If the property owner believes, in his or her
opinion, that the Town's Code Enforcement Officer has made an error
or when the true intent and meaning of this chapter has been misconstrued
or wrongly interpreted, they may appeal the decision to the Mayor
and Council. Notice of appeal shall be in writing and filed within
30 days after the Town Code Enforcement Officer renders the decision.
There is established in the Town a Board of
Appeals which shall consist of three members, the Mayor of the Town
and two elected members of the Town Council. The Town Solicitor is
not a member and does not vote, but advises the Board.
Any two members of the Board shall constitute
a quorum. In reversing or modifying the action of the Building Inspector
or the application of the building code, an affirmative vote of a
majority of all the members of the Board shall be required. No member
of the Board of Appeals shall act in a case in which he has a personal
interest.
[Amended 12-7-2009 by Ord. No. 2009-001; 9-9-2013 by Ord. No. 2013-04; 6-4-2018 by Ord. No. 2018-002]
Within five days following receipt of the notice
of appeal, the Code Enforcement Officer shall transmit to the Town
Manager or designee all the papers constituting the record upon which
the decision was taken. No later than 30 days following receipt of
the notice of appeal by the Town Manager or designee, the Mayor of
the Town shall set a time, date and place for the hearing of the appeal
by the Board of Appeals. All meetings of the Board shall be open to
the members of the general public. The Board shall keep minutes and
records of its proceedings, showing the evidence received at the hearing,
the vote of each member upon each question considered, and indicating
the absence of a member or failure of a member to vote if such was
the fact. An application fee as specified in the currently effective
Town of Milton Fee Schedule shall be paid to the Town at the time
of filing the notice of appeal. The Board shall consider no appeal
until the required fee is paid.
The Board shall adopt rules of procedure in
order to carry out the intent of this chapter. The Mayor shall serve
as Chairman of the Board of Appeals and shall appoint a Vice Chairman.
The Chairman or, in his absence or disqualification, the Vice Chairman
shall administer the oaths and may compel the attendance of witnesses
by the issuance of a subpoena. Meetings of the Board shall be at the
call of the Chairman or, in his absence or disqualification, by the
Vice Chairman.
Every decision of the Board of Appeals shall
be final, subject, however, to such remedy as any aggrieved party
might have at law or in equity. It shall be in writing and shall indicate
the vote upon the decision. Every decision shall be promptly filed
in the Town Hall office and shall be open to public inspection. A
certified copy shall be sent by mail or otherwise to the appellant,
and a copy shall be kept publicly posted in Town Hall for a period
of two weeks after filing.
[Amended 10-1-2007 by Ord. No. 2007-0005; 4-20-2015 by Ord. No. 2015-004; 12-6-2021 by Ord. No. 2021-012]
The Town of Milton hereby adopts by reference as the Town of
Milton codes the 2015 Edition of the International Residential Code,
2012 Edition of the International Property Maintenance Code, 2015
Edition of the International Building Code, and 2015 Edition of the
International Existing Building Code, as issued by the International
Code Council, and all future amendments, changes and modifications
of said codes. These codes will remain in effect until the Town of
Milton adopts new codes.
