Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Milton 5-2-2011 by Ord. No. 2011-003. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 85.
Business licenses — See Ch. 93.
Fees and costs — See Ch. 119.
Rental licenses — See Ch. 164.
Subdivision of land — See Ch. 188.
Water — See Ch. 215.
Zoning — See Ch. 220.
The Town staff having authority to accept applications and issue approvals, permits, licenses, and/or provide Town services shall first determine that the applicant is current on and not in default of certain obligations to the Town.
[Amended 3-6-2017 by Ord. No. 2017-004; 12-3-2018 by Ord. No. 2018-007]
Applicants for Town approvals, permits, licenses and/or the use, receipt or provision of Town services shall be current on all of the following obligations to the Town, the request for compliance, repair or payment of which has been sent via regular mail, email, facsimile or hand-delivery at least 30 days prior, prior to receiving such approvals:
A. 
Property taxes.
B. 
Capitation taxes.
C. 
Application fees and any applicable professional fees.
D. 
Subdivision fees and any applicable professional fees.
E. 
License fees.
F. 
Permit fees, including building permits, building code and inspection fees.
G. 
Administrative fees.
H. 
Performance, maintenance, and surety bonds and any applicable professional fees.
I. 
Site plan reviews and any applicable professional fees.
J. 
Interest, penalties, court costs and/or attorney's fees if applicable to a default in any of the obligations identified in this section.
K. 
Reimbursements for costs paid by the Town, including snow removal and any repairs to streets, curbing, and sidewalks.
L. 
Emergency costs expended by the Town related to any property in which the applicant has an interest.
M. 
Repairs required by the Town for streets, curbing and sidewalks for any property in Town in which the applicant has an interest.
N. 
Outstanding obligations required by the Town or any county or state official or agency related to a condition of any property in which the applicant has an interest.
O. 
Any other outstanding fee(s) authorized by Town Council as listed on the in-effect fee schedule.
[Amended 9-9-2013 by Ord. No. 2013-04]
The Town staff shall refuse to accept applications and grant permits and/or approvals for the use, receipt or provision of Town services, including but not limited to building permits, building code plan reviews or inspections, subdivisions, rezoning, conditional uses, variances or special use exceptions, until the property owner and applicant have demonstrated that all Town obligations identified in this chapter are current as to all projects, lands and property. For applicable fees, please consult the currently effective Town of Milton Fee Schedule.
A. 
The Town staff having authority to accept applications and issue approvals, permits or licenses and/or provide Town services shall make all reasonable efforts to determine that none of the Town obligations identified in this chapter is unpaid.
B. 
If any noncompliance or outstanding obligations are determined to exist, then the Town employee with authority to issue the requested approval, permit, or license and/or provide Town services shall, in writing, deny the application and indicate the payment, action or filing required for currentness and/or compliance. Failure of the appropriate employee to issue such written denial within 10 working days from receipt of the application shall constitute a waiver of this chapter's applicability to that application.
Any applicant denied pursuant to this chapter may appeal that denial to the Town Manager within 15 working days of such denial. The Town Manager, or a designee, shall thereafter hold a hearing, at which the applicant shall be permitted to provide proof that such payment, action, or filing has been made and carried out or that the denial is based on incorrect information. A written decision shall be rendered within 10 working days of the hearing. In the event that the Town Manager or his/her designee confirms the denial after the hearing, the applicant may then appeal the denial to the Town Council. Such appeal must be filed in writing with the Town within 15 working days of the written decision.