Milton City Zoning Code
ARTICLE VI
Planning and Zoning Commission Site Plan Review and Special Use Permits
§ 220-34 Special uses.
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.
§ 220-35 Site plan review and approval.
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.
§ 220-36 Appeal.
[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.
§ 220-37 Fees for required special use permits, site plan review or administrative review.
[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.
§ 220-38 Administrative reviews.
[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.