Sussex County Councilwoman Joan Deaver, D-Rehoboth Beach, is not happy with the county’s public hearing schedule.
“People ask me all the time why the council is having a hearing when planning and zoning has not made its recommendation,” Deaver said. “I think it’s better to know what their recommendation is. On behalf of the public, I’m asking for more time.”
Deaver is asking for a 60-day time lapse between planning and zoning public hearings and county council hearings on the same applications. She says the information from planning and zoning is a critical part of the process. Currently, hearings are scheduled about 18 days apart.
Councilman George Cole, R-Ocean View, also seemed to favor a new schedule.
Under county code, council can act on an application after 45 days, with or without a planning and zoning recommendation. However, council traditionally waits for a recommendation from planning and zoning before making its final decision. On many applications, particularly complex ones, the commission takes the full 45 days to make a recommendation.
Under the current schedule, most county council public hearings are held before receiving a planning and zoning recommendation. Once the recommendation is made, the council puts the application back on an agenda under old business for a vote. Unlike the planning and zoning commission, council has no time restraint for making decisions on applications.
Lawrence Lank, director of planning and zoning, recommended that if a change is made the council should consider a shorter time frame of 47 days. That would give planning and zoning enough time to make its recommendation and not prolong the process another two weeks.
County attorney Everett Moore expressed concern about adding more time to a lengthy process that already has a backlog. “We have to consider the applicants’ rights too. They have already waited up to two years,” he said.
He suggested that council single out applications that could potentially become controversial and apply the longer schedule only to them.
“It would be easier if all were the same,” Lank said. “The backlog is not like it was. Applications filed today are being heard in less than a year.”
Councilman Sam Wilson, R-Georgetown, didn’t appear to have a problem with the current schedule. He asked Cole and Deaver if planning and zoning’s findings and recommendation influenced their votes.
“Don’t make it sound like it’s not important,” Cole said. “I didn’t say I vote what they said.”
“You are getting awfully close to that,” Wilson responded.
Moore said there is no legal precedent that precludes council from having its hearing before receiving a recommendation. “There has never been a challenge to it,” Moore said.
Cole said the discussion on the change in schedule was needed. “Can we make it better?” he asked. “I’d like to have our lawyer’s opinion.”
The county legal staff will come back to council with recommendations.
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