Lewes council extends source water ordinance moratorium

Lewes Mayor and City Council voted unanimously Oct. 14 to extend a moratorium on the enforcement of its source water protection ordinance through March 14, 2022.

That means any application that comes into city hall prior to council adopting a new regulation may build to the standards set forth in the zoning code. The source water protection ordinance, which was adopted in 2008 but not enforced, is an overlay district that significantly limits lot coverage on parcels within a defined excellent recharge area.

After much public outcry regarding the standards set forth in a proposed replacement ordinance, council decided in May to take a step back for further review and voted to place a moratorium on the existing standards until a revised ordinance was developed.

Those revisions have been made and will be the subject of a public hearing Monday, Dec. 6.

The existing ordinance, if enforced, limits lot coverage on any property within the excellent recharge area to 20 percent, with the ability to increase to 50 percent lot coverage with an environmental assessment impact report. Lewes Beach properties in the excellent recharge are zoned R-3, residential beach, which allows up to 65 percent lot coverage; however, the source water protection ordinance overrides the lot coverage standard.

In the latest proposed ordinance, parcels smaller than 1 acre would be allowed to build to the lot coverage prescribed by code – 65 percent in the case of most Lewes Beach lots. Those smaller lots would be required to use pervious materials for driveways, walkways, decks and other paved surfaces.

For lots larger than 1 acre, maximum lot coverage is limited to 20 percent. City Manager Ann Marie Townshend said the 1-acre threshold applies to both major subdivisions and site development.

The state requires that any jurisdiction with 2,000 or more residents must have a source water protection ordinance. The focus of the ordinance is protection of water quality and quantity. There are two components to a source water protection ordinance – wellhead protection and excellent recharge area. The latter is the subject of Lewes’ proposed ordinance.