Milton resident requests de-annexation

It's not every day a property owner asks to be de-annexed. The request is so rare, Milton Town Council tabled a request brought to them Dec. 4.

“This request is very unusual,” said Bill Schab, attorney representing Jeff Wells, who is requesting 76 acres of his property be de-annexed from the town.

Wells, a farmer with 3,500 total acres, wants his 76 acres zoned the same AR-1 designation as the rest of his contiguous property that lies in Sussex County jurisdiction.

“I've never been involved in a de-annexation,” said Schab, a Lewes real estate lawyer with decades of experience. “I've found no law, no cases.”

Neither could anyone on Milton Town Council.

“We know the exact process for annexation. De-annexation is something brand new,” said Councilman James Garde.

Councilman Charles Fleetwood said he recalls the town rezoning 76 acres belonging to the Doc White farm on Atlantic Avenue because a resident in the farmhouse wanted town services that would include sewer and water.

The farmhouse sits about 2,000 feet off Route 16, and lines for water and sewer have never been run to the home. Wells said by de-annexing, his family could continue using septic and a well, and save the town money on installing utility lines. He also said de-annexation would remove the R-3 designation given to the property when the town had approved a development plan for 10 units per acre on the lot.

Wells said he wants the parcel to be part of the family farm with only a couple of houses on the property.

“We're farmers, and we want to leave it in its natural form,” he said.

Milton Town Council tabled Wells’ request so that they could consider policy to grant de-annexation.

Schab said he will work with the town on any clarification they may need.

“It's an arcane law,” he said. “There's no guidance, no standards.”