Sussex P&Z delays action on Heron Bay request
Before acting on a request to remove sidewalks from the Heron Bay site plan, Sussex County Planning and Zoning commissioners want to ensure a majority of residents support the action. Even though a developer's representative said the homeowners association does not want sidewalks, there is no written confirmation of an HOA vote.
Asphalt sidewalks throughout the 326-lot subdivision off Beaver Dam Road and Hopkins Road near Lewes were part of the approved final site plan in 2007 but have never been constructed, even though the project is complete and all lots are built on.
The sidewalk issue dates back several years. To get amenities completed in the subdivision, the county stopped issuing building permits for more than a year until a memorandum of understanding was signed by county officials and the developer in 2017 outlining deadlines to get work completed. That work included sidewalk construction.
Commissioners want a vote
During a July 8 meeting, commissioners expressed some strong comments on the requested amendment.
“We shouldn't even be having this discussion,” said Commissioner Holly Wingate. “It's roads, then sidewalks done way early in the process.”
“Why?” asked Commission Chair Bob Wheatley. “Sidewalks were proffered and on the plan. Why take them out now? They should have been built.”
“Residents have expectations. They expected sidewalks and paid for sidewalks,” said Commissioner Bruce Mears. “We need to know beyond a shadow of a doubt that the vast majority are in support.”
“I'd like to see a roll-call vote. We don't have that information, so I'm not ready to move on it,” said Commissioner Keller Hopkins.
Todd Moyer, representing developers LC Homes Inc. and Heron Bay Associates LLC, said an HOA vote was taken in 2012 and then another vote was started but never finished. “Overall, no one wanted sidewalks,” he told the commission. “We came to an agreement with the board for financial considerations and renovations to the clubhouse.”
He said the renovations are underway.
On the recommendation of Commissioner Kim Hoey Stevenson, the commission is requesting a vote of HOA members administered by the community's property management company. They agreed a majority would be an affirmative vote of at least 75 percent of homeowners.
The commission agreed to defer action on the request until results of the vote are submitted.
An ongoing issue
The issue over sidewalks is not a new one; it’s part a series of issues dating back more than a decade in the community.
In 2017, Sussex County officials called in a $1.2 million bond and halted all building permits because of inaction on completing the community's amenities, including installing sidewalks, finishing the drainage system and making repairs to fix existing drainage problems. No building permits were issued for more than a year.
The county and LC Homes President Louis J. Capano III signed a memorandum of understanding containing a phased timeline for completion of work. Once a phase was completed, a specified number of permits would be released.
On the 2007 site plan, sidewalks were shown on the right side of streets in the community. During a January 2018 county council meeting on an update of the MOU, county engineer Hans Medlarz said construction of sidewalks was a future project but must be completed.
