A.
Purpose and intent. The purpose of special use approval
is to allow the proper integration into the community of uses that
may be suitable only under certain conditions and at appropriate locations.
Because of their unusual characteristics or the special characteristics
of the area where they are to be located, special uses require special
consideration so that they may be properly located with respect to
the objective of this chapter and their effect on nearby properties.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Authorization to grant or deny special uses.
(1)
The Planning and Zoning Commission is authorized to
approve special uses. The special uses listed in this chapter may
be permitted, permitted with conditions or not permitted by the Planning
and Zoning Commission in accordance with the standards and procedures
set forth in this section. In permitting a special use or the modification
of a special use, the Planning and Zoning Commission may impose those
standards and requirements expressly specified by this chapter and
any additional conditions that the Planning and Zoning Commission
considers necessary and reasonable to protect the best interests of
the surrounding property, the neighborhood, or the Town as a whole.
These conditions may include, but are not limited to, size or controlling
the location and number of vehicle access points, increasing the street
width, limiting the number, size and location of sign, limiting hours
of operation, and required fencing, screening and landscaping or other
facilities to protect adjacent or nearby property. In the case of
a use existing prior to the effective date of this chapter and classified
in this chapter as a special use, any change in use or in lot area
or an alteration of structure shall conform with the requirements
dealing with special uses.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
On application and after public notice and hearing,
the Planning and Zoning Commission may authorize the issuance, by
the Code Enforcement Officer, of a permit for any of the special uses
for which this chapter requires such permits.
C.
Procedures for special uses.
(1)
A property owner(s) or agent(s) may initiate a request
for a special use or modifications of a special use by filing an application
that includes a legal description of the property, a proposed current
site plan showing the size and location of the lot, the location of
all buildings and proposed facilities, including access drives, parking
areas and all streets within 250 feet of the lot, plans and elevations
necessary to show the proposed development, other drawings or information
necessary to an understanding of the proposed use and its relationship
to surrounding properties and a filing fee. For applicable special
use filing fees, please consult the currently effective Town of Milton
Fee Schedule.
[Amended 9-9-2013 by Ord. No. 2013-04; 1-9-2023 by Ord. No. 2022-008]
(2)
In the case where a special use has been approved
a building permit shall be issued after the granting of the special
use by the Planning and Zoning Commission, and then only in accordance
with the terms and conditions of the special use permit.
(3)
Before a special use is permitted the proposed special
use shall be subject to public notice and a public hearing.
(4)
The Planning and Zoning Commission, on its own motion,
may revoke any special use permit for noncompliance with conditions
set forth in the granting of said permit after first holding a public
hearing and giving notice of such hearing. The foregoing shall not
be the exclusive remedy, and it shall be unlawful and punishable for
any person to violate any condition imposed by a special use permit.
In such cases a period of 60 days shall be granted the applicant for
full compliance prior to revocation of said permit. In cases where
there is imminent danger to the public health, safety or welfare,
the revocation of the special use permit shall be immediate.
(5)
The Planning and Zoning Commission may require that
special use permits be periodically renewed after notice and a public
hearing to determine if the original conditions have been complied
with or whether conditions have changed since the original special
use permit was granted.
(6)
The Planning and Zoning Commission may, at its discretion,
waive any submission requirements that it deems to be not relevant
to the proposed use and site.
[Amended 1-9-2023 by Ord. No. 2022-008]
D.
Standards governing special uses.
(1)
A special use shall comply with the standards of the
district where it is located. In approving such uses, the Planning
and Zoning Commission shall take into consideration the public health,
safety and welfare and comfort and convenience of the public in general
and of the residents of the immediate neighborhood in general and
shall, to the maximum extent possible, further the expressed intent
of this chapter and the accomplishment of the following objectives:
[Amended 1-9-2023 by Ord. No. 2022-008]
(a)
To grant any special use, the Planning and Zoning
Commission shall find that the request is in compliance with the general
purpose and intent of this chapter, taking into account the location
and size of use, the nature and intensity of the operations involved
in or conducted in connection with the use and the size of the site
with respect to street giving access thereto.
(b)
To grant any special use, the Planning and Zoning
Commission shall find that the establishment, maintenance, or operation
of the use applied for, under the circumstances of the particular
case, will not be detrimental to the health, safety or general welfare
of persons residing or working in the neighborhood of such proposed
use or will not be detrimental or injurious to the property and improvements
in the neighborhood or to the general welfare of the Town.
(c)
The proposal will not result in the destruction,
loss, or damage of any natural, scenic or significant historical resource.
(d)
The proposal will not create excessive additional
requirements of public costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
(e)
The proposal will be served adequately by public
systems, highways, streets, police and fire protection, stormwater
drainage, schools, or the applicant for the proposed special use shall
provide that these services be adequately obtained.
(f)
The proposal conforms with the Comprehensive
Plan.
(g)
All proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(h)
The proposed use shall be of such location,
size, and character that, in general, it will be in harmony with the
appropriate and orderly development of the district where it is proposed
to be situated and shall not be detrimental to the orderly development
of adjacent properties, in accordance with the zoning classification
of such properties.
(2)
In addition to the above, in the case of any use located
in, or directly adjacent to, a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to existing streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to, or incongruous with, the said residential
district or conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location,
nature and height of walls and fences, and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
(3)
Additional
special use requirements for a bed-and breakfast.
[Added 1-9-2023 by Ord. No. 2022-008]
(a)
The primary use of a bed-and-breakfast structure shall be residential.
(b)
Individual bed-and-breakfast units shall not contain cooking
facilities, subject to the provisions of the ordinances of the Town.
(c)
Interior residential features shall be retained in a manner
that will allow reconversion to residential use.
(d)
The dwelling shall be owner-occupied and managed.
(e)
No more than three units shall be rented and no more than two
adults shall occupy a unit per night. An exception for this subsection
may be granted by the Planning and Zoning Commission upon request
of the applicant and subject to the provisions of the ordinances of
the Town.
(f)
A business license shall be obtained in accordance with Chapter 93, Business Licenses, of the Code of the Town of Milton.
(g)
The bed-and-breakfast shall be subject to the provisions of
the Town ordinances and county, state, and federal laws.
(h)
If granted, the initial bed-and-breakfast special use permit
shall be issued for a one-year duration, renewable upon request of
the property owner and review for compliance by the Project Coordinator.
Thereafter the special use permit shall be reviewed only if complaints
have been received.
(i)
The bed-and-breakfast use shall be shown not to be detrimental
to the neighborhood.
A.
Intent. The intent of site plan approval is to authorize
the Town of Milton Planning and Zoning Commission to review and approve
site plans for uses otherwise permitted by this chapter in order to
determine full compliance with the intent of the standards of this
chapter. The objective is to evaluate site plans to minimize conflicts
between the site layout and design of proposed uses and existing uses
and natural site conditions and thereby minimize any adverse effects
affecting the health, safety, and overall welfare of the community.
Accordingly, all applications with the required document attachments
are due for review and eligibility the first business day of the month
for the following month's Planning and Zoning Commission meeting.
If the requirements infra are not met, a deficiency notice will be
issued, and the application will not be placed on the Planning and
Zoning Commission meeting agenda until the submission requirements
are corrected.
[Amended 7-2-2007 by Ord. No. 2007-0002; 1-9-2023 by Ord. No. 2022-008]
B.
Authorization.
[Amended 10-5-2009]
(1)
Prior
to issuing a building permit for new construction and additions to
existing structures more than 500 square feet, a site plan and supporting
documentation shall be submitted to the Planning and Zoning Commission
for its review and approval. Requirements for the three separate plan
review procedures (concept, preliminary and final) are set forth in
this chapter.
(2)
The
Planning and Zoning Commission shall require that the site plans be
prepared by a licensed architect, surveyor or professional engineer;
this requirement may be waived by the Project Coordinator on recommendations
from the Town Engineer and Town Planner based on the complexity of
the site features and of the proposed structure(s) or land use as
related to same and after coordination with the Planning and Zoning
Chairperson.
C.
Applicability and exceptions.
[Amended 10-5-2009]
(1)
Administrative review is developed for projects with minor impact that require less information than a planning and zoning site plan and can be reviewed and approved in a shorter time period. In administrative review, the Project Coordinator of the Town of Milton is the approving authority. Administrative review is required for change of use plans and site plan exceptions. The administrative review eligibility, requirements and process can be found in § 220-38, Administrative reviews.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
One or more elements of an administrative review (§ 220-38) may be referred to the Planning and Zoning Commission as requested by the Project Coordinator. For such referrals, materials submitted to the Project Coordinator for administrative review shall be deemed sufficient for Planning and Zoning Commission review, and no concept, preliminary or final site plans shall be required.
(3)
The following items are reviewed administratively
under the building permit review process:
(a)
Construction or expansion of a single one-family dwelling and ordinary
accessory structures and related land use activities.
(b)
Landscaping or grading that is not intended to be used in connection
with a land use reviewable under the provisions of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
(c)
Ordinary repair or maintenance to existing structures or uses.
(d)
Agricultural or gardening uses not involving timber cutting.
[Amended 1-9-2023 by Ord. No. 2022-008]
(e)
All signs, except in conjunction with new construction.
(f)
Garage, yard and porch sales, if such sales take place more than
a total of three days in any calendar year, in addition to town-wide
yard sales.
D.
Concept plan conference. Concept plan submittal is
optional but strongly encouraged. The purpose of concept plan submittal
is to encourage the person applying for a use to consult early and
informally with the Planning and Zoning Commission in order to save
time and money and to make the most of opportunities for desirable
development.
[Amended 1-9-2023 by Ord. No. 2022-008]
(1)
Requirements.
(a)
If a concept plan is prepared, the applicant
shall submit 10 copies to the Planning and Zoning Commission. Before
preparing a concept layout, the developer may discuss with the Code
Enforcement Officer the general requirements as to design of streets,
reservations of land, drainage, sewage, water supply, fire protection,
and other improvements as well as procedural matters.
(b)
Developers of land adjoining state or country
highways are advised to consult with the Town Engineer and the Delaware
State Department of Transportation at the concept stage to resolve
problems of street openings or stormwater drainage at the earliest
possible stage in the design process. The Planning and Zoning Commission
shall provide written comments on the concept plan of a proposed development,
and may consult with other interested public agencies.
(2)
The concept plan shall include the following information:
(b)
A site development plan, including but not limited
to:
[1]
Existing natural features, such as waterways,
watercourses, wetlands, wooded areas, and flood hazard areas.
[2]
All existing built features.
[3]
All proposed buildings, structures and public
improvements.
[4]
Sourcewater protection areas, wellhead protection areas, and excellent
groundwater recharge potential areas.
[5]
Slopes greater than 20% deviation of the horizontal surface.
(c)
Name and address of owner(s) of record.
(d)
Name and address of developer.
(e)
Name and address of licensed professional preparing
the plan.
(f)
Scale.
(g)
Date of preparation.
(h)
North arrow.
(i)
Boundaries of the project shown in heavy outline.
(j)
Dimensions of the property.
(k)
Sussex County property identification number.
(l)
Location of proposed lots.
(m)
Open space (parks, parkways, playgrounds).
(n)
Location of proposed access points to streets, sidewalks, and trails.
E.
Preliminary site plan application. Applications for preliminary site plan approval shall be made in writing at Town Hall. No application will be scheduled for consideration by the Milton Planning and Zoning Commission until all submission requirements are met and the application is deemed eligible as indicated in this § 220-35.
[Amended 7-2-2007 by Ord. No. 2007-0002]
F.
Preliminary site plan requirements.
(1)
The preliminary site plan application shall include
the information listed below. The Planning and Zoning Commission may,
at its discretion, waive any preliminary requirements which are not
relevant to the proposed use and site.
(a)
An area map showing the portion of the applicant's
property under consideration for development, any adjacent parcels
owned by the applicant, and all streets, zoning districts, easements
and adjacent buildings within 500 feet of the applicant's property.
(b)
A preliminary site plan shall include the following
items of information:
[1]
Proposed name of project and name and address
of the developer as well as the name and address of the owner, surveyor
or engineer preparing the plan.
[2]
North arrow, scale and date.
[3]
Boundaries of the project submitted as a scale
drawing with the scale used indicated on the drawing and shown in
heavy outline.
[4]
Existing natural features, such as watercourses,
waterways, wetlands, wooded areas and individual large trees, showing
features to be retained.
[Amended 1-9-2023 by Ord. No. 2022-008]
[5]
Existing and proposed contours at intervals
of one foot, and slopes greater than 20% deviation of the horizontal
surface.
[Amended 1-9-2023 by Ord. No. 2022-008]
[6]
Locations of proposed land uses and their areas
in square feet or acres; the uses proposed and the height of each
existing and proposed structure.
[7]
Location of all existing or proposed site improvements,
including streets, drains, culverts, retaining walls, fences and easements,
whether public or private.
[Amended 1-9-2023 by Ord. No. 2022-008]
[8]
Description of sewage disposal and water systems
and the location proposed for such facilities.
[9]
Provision for buffer areas and other landscaping.
[10]
Delineation of residential areas,
if proposed, indicating the general extent of each area, description
of the dwelling unit types proposed, and a calculation of residential
density in dwelling units per gross acre for each such area.
[11]
Location of all parking and truck-loading
areas, showing access and ingress drives.
[12]
The location, design and size
of all signs and lighting facilities.
[13]
The approximate locations and
dimensions of areas proposed for neighborhood parks or playgrounds,
or other permanent open space, and locations of proposed access points
to streets, sidewalks, and trails.
[Amended 1-9-2023 by Ord. No. 2022-008]
[14]
Building orientation, proposed
building materials, building footprint and elevations.
[15]
The location and design of all
energy distribution facilities, including electrical, gas and solar
energy.
[16]
Provision for energy efficiency.
[17]
Grading and erosion control measures
including the proposed location of sediment ponds and interceptor
swales, etc.
[18]
Location of stormwater management
facilities.
[19]
The lines and dimensions of all
property that is offered, or is to be offered, for dedication for
public use, with the purpose indicated thereon, and of all property
that is proposed to be reserved by deed covenant for the common use
of the property owners of the development.
[Amended 1-9-2023 by Ord. No. 2022-008]
[20]
Right-of-way lines.
[21]
Easements.
[22]
Notations and descriptions of
deed restrictions, if any.
[23]
Dimension from center line of
site entrance to center line of nearest road intersection.
[24]
Sourcewater protection areas, wellhead protection areas, and excellent
groundwater recharge potential areas.
[Added 1-9-2023 by Ord. No. 2022-008[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection F(1)(b)[24] et seq. as Subsection F(1)(b)[25] et seq.
[25]
A "data column" with the following
information:
[a]
Total acreage within the project.
[b]
Total acreage within open space.
[c]
Total acreage within lots.
[d]
Number of lots.
[e]
Dwelling units (type and number).
[f]
Average lot area.
[g]
Minimum lot area.
[h]
Maximum lot area.
[i]
Density.
[j]
Zoning classification of property.
[k]
Number of permanent monuments (also
locate and describe on plan).
[l]
Sussex County property identification
number.
[m]
Percentage of impervious surface
coverage of parcel.
[n]
Pavement and pavement markings.
[Amended 1-9-2023 by Ord. No. 2022-008]
[o]
Buildings.
[26]
Name of current adjacent property
owners.
[Amended 1-9-2023 by Ord. No. 2022-008]
[28]
Major excavations.
[29]
General location, size, height
and material orientation of proposed and existing signs.
[30]
In case of proposed streets being
dedicated to public use add the following note: "Subdivision streets
constructed within the limits of the right-of-way dedicated to the
public use shown on this plan are to be maintained by the Town of
Milton following the completion of the streets by the developer to
the satisfaction of the Town. The Town assumes no maintenance responsibilities
within the dedicated street right-of-way unit the Town has accepted
the streets."
[31]
Owner's certificate as follows:
|
I, _____, hereby certify that I am the owner
of the property described and shown on this plan, that the plan was
made at my direction,* and that I acknowledge the same to be my act
and desire the plan to be recorded according to Ordinance.
| |
|
* In the case of proposed streets to be dedicated,
the following should be added after the word "direction" to the above
certification:
| |
|
". . .that all streets shown hereon and not
heretofore dedicated are hereby dedicated to the public use and that
all proposed monuments and markers shown hereon will be set at the
location indicated"
|
[32]
Engineers, land surveyors or architect
certification as follows:
|
I, _____, hereby certify that I am a registered
engineer, land surveyor, or architect in the State of Delaware, that
the information shown hereon has been prepared under my supervision
and to my best knowledge and belief represents good engineering, surveying,
and/or architectural practices as required by the applicable laws
of the State of Delaware.
| |
|
Date _____ Seal _____ Signature
|
(c)
The Planning and Zoning Commission may require
additional information that appears necessary for a complete assessment
of the project.
[Amended 1-9-2023 by Ord. No. 2022-008]
(d)
The Planning and Zoning Commission's review
of the preliminary site plan shall include, but is not limited to
the following considerations:
[1]
Adequacy and arrangement of vehicular traffic
access and circulation, including emergency vehicle access.
[2]
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
[3]
Location, arrangement, size and design of buildings,
lighting and signs.
[4]
Relationship of the various uses to one another
and their scale.
[5]
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and noise buffer between
adjacent uses and adjoining lands.
[6]
Adequacy of stormwater and sanitary waste disposal.
[7]
Adequacy of structures, roadways and landscaping
in areas susceptible to flooding and ponding or erosion.
[8]
Compatibility of development with natural features
of the site and with surrounding land uses.
[9]
Adequacy of floodproofing and flood prevention
measures consistent with the flood hazard prevention regulations of
the Federal Emergency Management Agency (FEMA).
[10]
Adequacy of building orientation
and site design for energy; the extent that the proposed plan conserves
energy use and energy adequate sunlight for use by solar energy systems.
[Amended 1-9-2023 by Ord. No. 2022-008]
[11]
Adequacy of open space for play
areas, informal recreation and the retention of natural areas such
as wildlife habitats, wetlands and wooded areas.
[12]
Adequacy of pedestrian access,
circulation, convenience, connectivity to adjacent development (existing
and future), and safety, including compliance with the requirements
for access by the physically challenged which are incorporated in
the American Disabilities Act (ADA).
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
In its review of a preliminary site plan, the Planning
and Zoning Commission may consult with the Code Enforcement Officer,
the Town Engineer, Fire and Police Departments, other local and Sussex
County officials, and any designated private consultants, in addition
to representatives of federal and state agencies, including but not
limited to the Soil Conservation District, the Delaware Department
of Transportation (DelDOT) and the Delaware Department of Natural
Resources and Environmental Control (DNREC).
G.
Public hearing.
[Amended 1-9-2023 by Ord. No. 2022-008]
(1)
Upon
the Planning and Zoning Commission's certification that the preliminary
site plan application is complete and satisfactory, the Planning and
Zoning Commission shall schedule a public hearing. The applicant shall
mail notices of such public hearings to the owners of all lands within
a radius of 200 feet from all boundary lines of the property where
site plan review is requested. The Town will provide the applicant
with the required information to be included in the notification letter.
Such notices shall be mailed, certified and postmarked at least 10
days prior to the date scheduled for the public hearing. A list of
properties notified, copies of proof of mailings and return receipts
shall be provided to the Planning and Zoning Commission prior to the
public hearing.
(2)
In addition to any public notice required by this article, the Town
Manager shall cause to be posted at one or more prominent and easily
visible places on the property that is the subject of the preliminary
site plan application, on an eighteen-inch by twenty-four-inch placard,
a public notice setting forth the date and time at which the Planning
and Zoning Commission has scheduled a the public hearing on the preliminary
site plan application; the name of the applicant; a description and
size of the property involved; and a statement, in plain language,
of the matter involved. One such notice sign shall be posted for each
street where said property fronts. It shall be the responsibility
of the applicant to maintain the notice signs in good condition during
the posting period. Said notice signage shall be posted at least 15
days' prior to the meeting the date of the public hearing.
H.
Notification of decision on preliminary site plan.
Within 30 days of the public hearing when a preliminary site plan
is considered and upon receipt of all requested information, the Planning
and Zoning Commission shall act upon it. The Planning and Zoning Commission's
action shall be in the form of a written statement to the applicant
stating whether or not the preliminary site plan is approved, conditionally
approved, or disapproved. A copy of the appropriate minutes of the
Planning and Zoning Commission shall be a sufficient report. The Planning
and Zoning Commission's statement may include recommendations as to
desirable revisions to be incorporated in the final site plan application.
If the preliminary layout is disapproved, the Planning and Zoning
Commission's statement will contain the reasons for such findings.
In such a case the Planning and Zoning Commission may recommend further
study of the proposal and resubmission of the preliminary site plan.
The approval for a preliminary site plan shall expire one year after
the date of the approval by the Planning and Zoning Commission. The
Planning and Zoning Commission may grant an extension for a period
of up to one year if the applicant shows just cause for the extension.
[Amended 1-9-2023 by Ord. No. 2022-008]
I.
Final site plan application.
[Amended 1-9-2023 by Ord. No. 2022-008]
(1)
After receiving approval, with or without conditions,
from the Planning and Zoning Commission on a preliminary site plan,
and approval for all necessary permits, approvals, and curb cuts from
responsible local, county and state officials, the applicant may prepare
its final site plan and submit it to the Planning and Zoning Commission
for its review and approval. Final site plan approval shall include
the same items as required for preliminary plan approval.
(2)
If more than one year has elapsed between the time
of the Planning and Zoning Commission's report on the preliminary
site plan and submission by the applicant of a final site plan application,
and if the Planning and Zoning Commission finds that conditions have
changed significantly in the interim, it may require a resubmission
of the preliminary site plan for further review and possible revisions
prior to accepting the proposed final site plan application for review.
The final site plan shall conform to the approved preliminary site
plan, and shall incorporate any revisions or other features that may
have been recommended by the Planning and Zoning Commission at the
preliminary review. All revisions shall be clearly indicated by the
applicant.
(3)
A final site plan approval shall expire one year after the date of
its approval by the Planning and Zoning Commission unless substantial
construction has commenced. However, upon a showing of good cause,
an applicant may request and receive up to three one-year extensions,
provided all county, state and federal outside agency approvals are
current, before being required to resubmit a new application for site
plan approval.
J.
Notification of decision on final site plan. Within
60 days of the submission of the final site plan, the Planning and
Zoning Commission shall render a decision.
(1)
Upon approval, the Chairperson of the Planning and
Zoning Commission shall endorse its approval on a copy of the final
site plan and shall forward it to the Code Enforcement Officer who
shall then issue a building permit if the project conforms to all
other applicable requirements.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2)
Upon disapproval, the Planning and Zoning Commission
shall so inform the Code Enforcement Officer who shall deny a building
permit. The Planning and Zoning Commission shall also notify the applicant
in writing of its decision and its reason for disapproval. A copy
of the appropriate minutes may suffice for this notice and shall be
filed in Town Hall.
(3)
Specifications for improvements shown on the site
plan shall be those set forth in this chapter and in other ordinances,
rules and regulations, or in construction specifications of the Town
of Milton.
[Amended 10-5-2009; 2-7-2022 by Ord. No. 2021-008]
A.
The applicant, any Town of Milton property owner(s) or resident(s), or any property owner(s) individually noticed under this Article VI may appeal the decision of the Planning and Zoning Commission made under this Article VI. The appeal as detailed below shall be made to the Mayor and Town Council, with a copy sent to the Town Manager or designee, and shall be filed within 60 days from the Planning and Zoning Commission's decision. The fee to file an appeal shall be established in the currently effective Town of Milton Fee Schedule. In addition, unless the appellant is the prevailing party in the appeal, the appellant shall be responsible for reimbursing the Town for expenses incurred by the Town related to the appeal for engineering fees, attorney fees, transcription fees, and any other professional fees incurred by the Town as a result of said appeal; however, the reimbursement responsibility shall not exceed the amount of the escrow established in the currently effective Town of Milton Fee Schedule. An appellant may file with the appeal a request to proceed in forma pauperis based on financial circumstances on a form prescribed by the Town; if the Mayor and Town Council grant such request to proceed in filing in forma pauperis, the filing fee will be waived for the appellant, who shall also be relieved of any responsibility for reimbursing the Town for its expenses.
(1)
All
appeals hereunder must be taken up within a reasonable time and conducted
as provided in the rules adopted by the Mayor and Town Council.
(2)
The
appeal shall be in writing and shall specify the grounds for the appeal,
which must comport with the rules adopted by the Mayor and Town Council.
The appellant should review applicable sections of said rules. The
appeal shall identify the elements of the Planning and Zoning Commission's
process or decision and material in the record relating to the specified
grounds for the appeal.
(3)
The
Project Coordinator shall forthwith transmit to the Mayor and Town
Council the documents constituting the record upon which the appeal
is filed.
(4)
The
appeal shall stay all proceedings in furtherance of the action appealed
from, unless the Mayor and Town Council certify that, by reason of
the facts stated in the appeal, a stay would, in the opinion of the
Mayor and Town Council, cause imminent peril to life or property.
In such case, proceedings shall not be stayed.
(5)
The
Town Manager or designee shall fix a reasonable time for hearing the
appeal, give notice to the appellant, appellee, and applicant. At
the hearing, each party may appear in person, by agent or attorney,
or any combination thereof.
(6)
The Mayor and Town Council shall review the record of the matter before the Planning and Zoning Commission, shall consider the arguments presented on appeal, and shall make a determination as to whether the decision was a result of an orderly and logical review of the evidence and involved a proper interpretation and application of Article VI of Chapter 220. The appellant(s) shall bear the burden of persuasion. The Mayor and Town Council, in conformity with the provisions of the rules, shall take action on the appeal.
B.
The applicant, any Town of Milton property owner(s) or resident(s), or any property owner(s) individually noticed under this Article VI may appeal the decision of the Project Coordinator of the Town of Milton made under this Article VI. The appeal as detailed below shall be made to the Planning and Zoning Commission, with a copy sent to the Town Manager or designee, and shall be filed within 60 days from the Project Coordinator's decision. The fee to file an appeal shall be established in the currently effective Town of Milton Fee Schedule. In addition, unless the appellant is the prevailing party in the appeal, the appellant shall be responsible for reimbursing the Town for expenses incurred by the Town related to the appeal for engineering fees, attorney fees, transcription fees, and any other professional fees incurred by the Town as a result of said appeal; however, the reimbursement responsibility shall not exceed the amount of the escrow established in the currently effective Town of Milton Fee Schedule. An appellant may file with the appeal a request to proceed in forma pauperis based on financial circumstances on a form prescribed by the Town; if the Planning and Zoning Commission grants such request to proceed in filing in forma pauperis, the filing fee will be waived for the appellant, who shall also be relieved of any responsibility for reimbursing the Town for its expenses.
(1)
All
appeals hereunder must be taken up within a reasonable time and conducted
as provided in the rules adopted by the Planning and Zoning Commission.
(2)
The
appeal shall be in writing and shall specify the grounds for the appeal,
which must comport with the rules adopted by the Planning and Zoning
Commission. The appellant should review applicable sections of said
rules. The appeal shall identify the elements of the Project Coordinator's
process or decision and material in the record relating to the specified
grounds for the appeal.
(3)
The
Code Enforcement Officer shall forthwith transmit to the Planning
and Zoning Commission the documents constituting the record upon which
the appeal is filed.
(4)
The
appeal shall stay all proceedings in furtherance of the action appealed
from, unless the Planning and Zoning Commission certifies that by
reason of the facts stated in the appeal statement a stay would, in
the opinion of the Planning and Zoning Commission, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed.
(5)
The
Town Manager or designee shall fix a reasonable time for hearing the
appeal, give notice to the appellant, appellee, and applicant. At
the hearing, each party may appear in person, by agent or attorney,
or any combination thereof.
(6)
The Planning and Zoning Commission shall review the record of the matter before the Project Coordinator, shall consider the arguments presented on appeal, and shall make a determination as to whether the decision was a result of an orderly and logical review of the evidence and involved a proper interpretation and application of Article VI of Chapter 220. The appellant(s) shall bear the burden of persuasion. The Planning and Zoning Commission, in conformity with the provisions of the rules, shall take action on the appeal.
[Amended 10-5-2009; 9-9-2013 by Ord. No. 2013-04]
The Town Council shall require the payment of
fees to the Town of Milton by applicants whose proposals require special
use permits or site plan review as described by this article. Fees
for special permits, site plan review or administrative review in
accordance with this article shall be established by resolution of
the Mayor and Town Council and published in the currently effective
Town of Milton Fee Schedule. The applicant will be responsible for
engineering fees, legal fees and other fees for professional services
required by the Town of Milton, provided that such fees were incurred
only after the applicant’s prior approval.
[Added 10-5-2009[1]]
A.
Intent.
Administrative review is for projects with minor impact that require
less information than a Planning and Zoning Commission site plan review
and can be approved in a shorter time.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
Authorization.
In administrative review, the Project Coordinator for the Town of
Milton is the approving authority for either or both of the following
items:
C.
Process
and notification of decision.
(1)
No
application for administrative approval shall be accepted by the Town
until:
(a)
An application in compliance with § 220-38D, Requirements, is submitted for review to the Project Coordinator;
(b)
Any required administrative fees have been paid; and
(c)
A completed application is submitted as prescribed by the Town, including
supportive materials and identification of the site.
(2)
An application requiring administrative review shall be submitted to the Project Coordinator. The Project Coordinator shall determine if such application complies with Town ordinances, meets the intent of this chapter, and is consistent with all Town requirements. If so, the Project Coordinator shall affix their signature on the application certifying approval. If the Project Coordinator finds that the application does not meet the intent of this chapter and/or is inconsistent with Town requirements, including the Town ordinances, then the Project Coordinator shall deny approval and transmit that decision in writing to the applicant. Terms governing the appeal of such decision are set forth in § 220-36.
[Amended 1-9-2023 by Ord. No. 2022-008]
(3)
The
Project Coordinator shall not take any action to approve or deny an
application requiring administrative review until the following has
occurred:
(a)
The application has been reviewed and determined that it is complete as required in § 220-38D, Requirements.
(b)
Approvals of the application from all applicable outside agencies
have been received.
(c)
The Project Coordinator has sought advice and/or a review from the
Town consultants, if needed, the cost of which may be charged to the
applicant with his/her prior approval.
[Amended 1-9-2023 by Ord. No. 2022-008]
D.
Requirements.
An applicant for administrative review shall submit a completed application
form provided by the Town and provide any supplemental material required
by the Project Coordinator.
E.
Review
categories. An application for administrative review shall comply
with all existing laws, regulations and ordinances governing approval
and provide sufficiently accurate data. Depending on the information
submitted by the applicant in his/her application, the following categories
will be reviewed by the Project Coordinator:
[1]
Editor's Note: This ordinance also provided for the addition
of (Reserved) sections at the end of several of the ensuing articles
of this chapter and renumbering of the remaining sections accordingly.
