Keith Steck of Milton and more than 175 other residents have filed an appeal of the Sussex County Planning and Zoning Commission's July 8 preliminary approval of the Terrapin Island subdivision.
Sussex County Council will schedule a hearing on the appeal in the near future.
Terrapin Island is a proposed 42-lot subdivision on 32 acres off Camp Arrowhead Road near Lewes.
In the appeal, Steck outlined several reasons why the decision should be overturned, including inaccurate information on the application form, and planning and zoning documents, as well as inaccurate statements made by the applicant.
Part of the preliminary approval includes a cul-de-sac waiver, which must be approved by the state fire marshal. Steck said the county's subdivision ordinance does not support a waiver for a longer-than-allowed cul-de-sac street because it would conflict with the fire marshal's concerns and fire protection regulations.
Steck also questioned the subdivision as an infill project.
“Despite attempts to portray the project site and surrounding area as urban, and the preliminary site plan and project justified as an in-fill project, there are no provisions in the subdivision ordinance nor the Sussex code for in-fill development,” he wrote.
“The bottom line is that the project as designed – especially Brackish Street [where the cul-de-sac is located] as shown on the preliminary site plan – runs counter to many of the goals of the subdivision ordinance, notably protecting the safety of the citizens, providing for orderly growth, and encouraging the preservation and conservation of farmland,” he stated.
In addition, the appeal notes that property ownership is not clear, the preliminary plat plan is out of compliance because it lacks a certified seal from a surveyor or engineer, and the parcel is in a Level 4 state strategies investment area, which recommends preservation of rural characteristics and natural land.
The appeal was filed Aug. 6, with additional material filed Aug. 11.