It shall be the duty of the Zoning Officer of
the Town of Millsboro to administer and enforce this chapter at a
salary fixed by resolution or ordinance of the Town Council. No structure
shall receive a building permit until a zoning permit is obtained
from the Zoning Officer for which a fee may be required as established
by resolution of the Town Council. In no case shall a zoning permit
be issued for any structure or lot where the proposed construction,
alteration or use would be in violation of any provision of this chapter.
It shall be the duty of the Zoning Officer to cause any new structure,
plans or premises to be inspected or examined and order the owner
in writing that any condition be remedied which is found to exist
in violation of any provisions of this chapter, and he shall have
the right to enter any structure or premises during the daytime in
the course of his duties. It shall be the duty of the Zoning Officer
to keep a record of all applications and all zoning permits issued
and denied with notations of any conditions involved and, in the case
of a denial, the section of this chapter which has been violated,
which data shall form a part of the Town public records.
[Amended 6-3-2002]
Every application for a building permit shall
be accompanied by a zoning permit and three sets of plans drawn in
ink, or blueprint, and showing the actual shape and dimensions of
the lot to be built upon, the exact location, size and height of the
buildings and structures and accessory buildings and structures, existing
and proposed, and the lines within which the building or structure
is to be erected or altered, the existing or intended use of each
structure or part of a structure, the number of families or dwelling
units the structure is designed to accommodate, the number and location
of off-street parking spaces and off-street loading areas, and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
chapter. One copy of such plans shall be returned to the owner when
such plans shall have been approved by the Planning Commission, together
with such zoning building permit as may be granted. All dimensions
shown on these plans relating to the location and size of the lot
to be built upon shall be based on an actual survey of the lot by
a land surveyor licensed to practice in the State of Delaware. The
lot and the location of the building thereof shall be staked out on
the grounds before construction is started. The Planning Commission
shall act upon all such applications within 15 days after filing,
unless an additional time period is mutually agreed upon in writing.
A.
No building permit shall be issued for any residential,
industrial, commercial, public or quasi-public structure until the
site plan has been reviewed by the Planning Commission and approved
by the Town Council, except that the approval of a site plan for a
detached single-family dwelling and its accessory buildings on a lot
shall not be necessary. The Commission shall review the proposal,
determine whether or not the applicable standards provided by this
chapter have been observed, note objections to such parts of the plans
that do not meet the standards, make corrections and recommendations
for design changes to effect compliance with this chapter, be satisfied
that the site plan represents the most desirable alternative for development
of the site in compliance with this chapter and, when satisfied that
the site plan complies with the requirements of this chapter, shall
approve the site plan. The site plan shall then be forwarded to the
Town Council for its review and approval, disapproval or approval
with conditions.
B.
Preliminary site plan requirements.
(1)
The preliminary site plan shall show the North point,
scale and date.
(2)
The preliminary site plan shall show the following:
(a)
Plans shall show the seal and signature of a
registered Delaware land surveyor or registered professional engineer,
and all drawings shall be on sheets no larger than 24 inches by 36
inches and at a scale of not more than 100 feet to one inch.
(b)
Geographical location, showing existing zoning
district boundaries.
(c)
Proposed changes in zoning, if any.
(d)
Topographic contours at one-foot intervals,
unless waived by the Commission as clearly unnecessary to review the
project or proposal.
(e)
The location and nature of all proposed construction,
excavation or grading, including but not limited to buildings, streets
and utilities.
(f)
Net development area.
(g)
The approximate number of dwelling units to
be included in each type of housing: single-family dwellings, two-family
dwellings, townhouses, apartments of three stories and under and apartments
over three stories.
(h)
Proposed buildings and structures, with dimensions,
setbacks and heights designated.
(i)
The approximate location and size of nonresidential
areas, if any (parking areas, loading areas or other).
(j)
The approximate location and size of recreational
areas, if any.
(k)
The approximate location of point of ingress
and egress to existing public highways.
(l)
The number of construction phases proposed,
if any, with the plot showing the approximate boundaries of each phase
and the proposed completion date of each phase.
(m)
The location of all wetlands (both state and
federal) shall be indicated, in order to facilitate compliance with
state and federal wetlands requirements.
(n)
The location of the one-hundred-year floodplains
based on current Flood Insurance Rate Maps.
(3)
The Planning Commission may recommend and/or Town
Council may establish additional requirements for preliminary site
plans and Town Council may waive a particular requirement if, in its
opinion, the inclusion of that requirement is not essential to a proper
decision on the project.
C.
Final site plan requirements.
(1)
The final plat shall comply with all existing, laws, regulations and ordinances governing the approval of subdivisions and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits. The final site plan shall show the North point, scale and date. The scale shall be as specified in Subsection B.
(2)
The final site plan shall show the following:
(a)
The proposed title of the project, the names
of the engineer, architect, designer or landscape architect and the
developer, the names of bordering properties, and the Sussex County
tax map number.
(b)
The geographical location, showing the existing
zoning district and boundaries; the boundaries of the property involved,
the location of all existing easements and property lines, existing
streets, buildings or waterways and other existing physical features
in the project; and the location and sizes of sanitary and storm sewers,
water mains, culverts and other underground structures in or near
the project.
(c)
The net development area.
(d)
The number of dwelling units to be included
in each type of housing: single-family dwellings, two-family dwellings,
townhouses, apartments of three stories and under, and apartments
over three stories.
(e)
The location and character of construction of
proposed streets, alleys, driveways, curb cuts, entrances and exits,
parking and loading areas, including numbers of parking and loading
spaces, outdoor lighting systems, storm drainage and sanitary facilities.
(f)
The location of proposed lots, setback lines
and easements and proposed reservations for parks, parkways, playgrounds,
school sites and open spaces.
(g)
The location, with respect to each other and
to lot lines and height, of all proposed buildings and structures,
accessory and main, or major excavations. The locations should be
drawn to scale, and full dimensioning is required.
(h)
The plans and elevations of the several dwelling
types and other buildings, as may be necessary.
(i)
The location, height and material of all fences,
walls, screen planting and landscaping.
(j)
The proposed location and character of nonresidential
uses, commercial or industrial uses, accessory or main.
(k)
The location, character, size, height and orientation
of proposed signs.
(l)
A tabulation of the total number of acres in
the project, gross or net, as required in the district regulations,
and the percentage thereof proposed to be devoted to the several dwelling
types, commercial uses, other nonresidential uses, off-street parking,
streets, parks, schools and other reservations.
(m)
A tabulation of the total number of dwelling
units of various types in the project and the overall project density
in dwelling units per acre, gross or net, as required by district
regulations.
(n)
The location of all wetlands (both state and
federal) shall be indicated by legal description with bearings and
distances with each flag point numbered. A signed and dated statement
by an experienced qualified professional shall be provided verifying
the accuracy of the delineation. If the site contains no wetlands,
then the plan must contain the appropriate statement for the same
professional. Building lots containing wetlands shall be identified
by a notation stating that "construction activities within these sites
may require a permit from the United States Army Corps of Engineers
or the State of Delaware."
(3)
The Commission may recommend and the Town Council
may establish additional requirements for final site plans and may
waive a particular requirement if, in its opinion, the inclusion of
that requirement is not essential to a proper decision on the project.
D.
Amendments and additions to site plans. The procedure
for amendment of the boundaries of an approved RPC, PCD or LSCOD District
or change of the extent of land use for an approved conditional use
shall be the same for a new application, except that minor amendments
of an approved site plan or of conditions attached to an approved
RPC, PCD or LSCOD District may be recommended for approval by the
Planning Commission and may be approved by Town Council at a meeting
and without a public hearing, provided that such change or amendment:
[Amended 2-2-2009]
(1)
Does not alter a recorded RPC, PCD or LSCOD plat.
(2)
Does not conflict with the specified requirements
of this chapter.
(3)
Does not change the general character or content of
an approved development plan or use.
(4)
Has no appreciable effect on adjoining or surrounding
property.
(5)
Does not result in any substantial change of major
external access points.
(6)
Does not increase the approved number of dwelling
units or height of buildings.
(7)
Does not decrease the minimum specified yard and open
spaces or minimum or maximum specified parking and loading spaces.
[Amended 6-3-2002]
A.
It shall be unlawful to use or permit the use of any
structure or part thereof, hereafter erected, altered, converted or
enlarged, wholly or in part, until a certificate of occupancy/certificate
of compliance, applied for at the time of application for a building
permit or certificate of occupancy, shall have been issued by the
Building Inspector. Such certificate shall show that such structure
or part of a structure and the proposed use thereof conform to the
requirements of this chapter. It shall be the duty of the Building
Inspector to issue a certificate of occupancy/certificate of compliance
only when he is satisfied that the structure, or part of a structure,
and the proposed use thereof conform to this chapter and all other
applicable codes and ordinances of the Town. Such occupancy permits
shall be granted or denied in writing within 10 days from the date
that a written notification is filed with the Building Inspector that
the erection of the structure is completed, unless additional time
is agreed upon by the applicant in writing.
B.
Should the Building Inspector decline to issue a certificate
of occupancy/certificate of compliance, his reasons for doing so shall
be so stated on two copies of the application and one copy returned
to the applicant.
C.
Revocation. On the serving of notice of any violation of any of the provisions or requirements of this chapter with respect to any structure or use thereof or of land as provided in Article X of this chapter, the certificate of occupancy/certificate of compliance shall be required for any further use of such structure or land.
D.
Filing. A monthly report of the certificates of occupancy/certificates
of compliance shall be filed with the Tax Assessor. A record of all
certificates of occupancy/certificates of compliance shall be kept
in the office of the Building Inspector, and copies shall be furnished
on request to any person having a proprietary or tenancy interest
in the structure or land affected. The charge for each copy shall
be as set forth from time to time by the Town Council, except that
there shall be no charge to a municipal agency.
