Sussex commission defers Brickyard Landing decision

There is still no decision on the fate of the proposed Brickyard Landing subdivision near Milton.

A motion at the April 14 Sussex County Planning and Zoning Commission meeting for approval with conditions failed with a 3-2 vote against the motion. The action was followed by another motion to defer the application for discussion at a future meeting. That motion passed 5-0.

The developer, H.P. Layton Partnership, has proposed a 49-lot subdivision on 53 acres at the site of a late 19^th century brick-making factory off Round Pole Bridge Road. The parcel is also bordered by the Broadkill River. Some of the ruins of the factory are still in place on the parcel.

Commissioners brought out a rarely used section of county code that allows prohibition of building on certain land because of topography.

The code reads as follows: “Land which is unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, adverse earth formations or topography, utility easements or other features which will be reasonably harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the county engineer and where applicable to the rules and regulations of the State Department of Natural Resources and Environmental Control to solve problems created by the unsuitable land conditions. Such lands shall be set aside for uses as shall not involve such a danger.”

Commissioners agreed the developer had not addressed typography and drainage issues.

Commissioner I.G. Burton said he had concerns with the project but he would support the application with several conditions.

Among those conditions were reducing the project from 49 lots to 37 lots by eliminating any homes around the former clay pits, areas with poor drainage and historic sites. In addition, a 50-foot access would be required to an adjacent property.

“The motion is normally a reason why we turn something down,” said Chairman Bob Wheatley.

Assistant county attorney Vince Robertson said the burden to address the issues raised by the commission is on the applicant. Because of the existing clay pits, he called the application unique. “The motion says the applicant has not reached that threshold yet,” he said.

Burton and Marty Ross voted for approval with conditions while Wheatley, Rodney Smith and Mike Johnson voted against the motion.