Commission approves Burton's Pond subdivision

Sussex County Planning and Zoning Commission has given approval for a major subdivision along Route 24 near Long Neck, but only after imposing conditions that will require changes to the developer's plans.

At its Jan. 26 meeting, the commission voted 4-0 in favor of a cluster subdivision application filed by developer Burton's Pond LLC for 265 single-family lots on 159 acres of AR-1, agricultural-residential, land at the intersection of Route 24 and Hollymount Road.

The developer proposed placing the community's amenities on a separate parcel located across Hollymount Road, not within the development. That plan was nixed, and instead the commission is requiring the developer to construct the amenities on the same parcel as the community's lots for ease of use and to promote safety within the community, said Commissioner Doug Hudson. Planning and zoning commissioners have the final say on subdivision applications. County council has the final vote on rezoning and conditional-use applications.

Commissioners had expressed safety concerns if residents had to cross Hollymount Road to access amenities, which include a clubhouse and pool.

In addition, the commission is requiring the developer to construct a parking lot on the separate parcel on the northeast side of Hollymount Road for access to Burton's Pond.

The community's amenities – including a pool and clubhouse – must be constructed within two years of the issuance of the first certificate of occupancy, Hudson said.

Among the 22 conditions placed on the development is an environmental management plan for Burton's Pond that will be budgeted and managed by the community's homeowners' association. Hudson said the county is requiring that all potential homebuyers be informed of the HOA's responsibility.

Access to Burton's Pond must be made available to the public and adjacent property owners, Hudson said.

But who can access the pond with nonmotorized watercraft is not clear, according to Dennis Schrader, the developer's attorney. “It's unclear and I will have to make an inquiry and request clarification on this condition,” he said.

Jamie Sharp, assistant county attorney, said only members of the HOA will be allowed to use watercraft on the pond unless one of the neighboring property owners has a legal right to do so.

During the commission's Dec. 22 public hearing, nearby residents expressed concerns with traffic on Route 24, the need for a traffic signal at the Hollymount Road intersection, lot sizes in comparison to neighboring communities and maintenance of Burton’s Pond.

During testimony, Zac Crouch, an engineer with Davis, Bowen and Friedel, said based on a 2006 traffic impact study and an update of traffic counts provided by the Delaware Department of Transportation this year, the developer will be responsible for several road improvements.

The improvements include a traffic signal, realignment of Sloan Road to the intersection of Hollymount Road and Route 24, widening of Hollymount Road and Route 24 to add new turn lanes and a multi-use path along Hollymount Road, the entrance road for the proposed project.

Crouch said the developer will sign a signal agreement and fund its construction, but the timing of the work was up to DelDOT officials.

Nearby residents expressed concern that the traffic signal should be installed as soon as possible.

The community is required to have central water and sewer, a school bus stop, street lights, sidewalks on both sides of all streets and walking and bicycle paths. The developer will be required to install a landscaped buffer with berms along the boundary with Route 24.

The developer had proposed sidewalks on one side of the community's streets.

Schrader said the project was first approved in 2006, but was not developed and the application expired. He said the new plan does not include an entrance off Route 24, and the community would connect to the county’s central sewer system and not have its own on-site treatment facility.

Crouch said 64 acres of the parcel will be used for home construction with the average size lot at 10,000 square feet. Nearly half of the parcel will be open space with a 30- to 200-foot buffer of remaining trees left intact on the southern border of the property to protect a section of wetlands, he said. In addition, he said, 95 percent of the tract’s 37 wooded acres would remain undisturbed.

A final site plan is subject to review and approval by the county's planning and zoning commission.