Sussex subdivision standards could be amended

Earlier this year, Sussex County Council and Sussex County Planning & Zoning Commission members provided lists of their priority initiatives.

At the top of the list is a comprehensive review of development design standards relating to open space, buffers, forest preservation, superior design and other standards in cluster subdivisions.

During a July 18 update, County Administrator Todd Lawson said a joint workshop to discuss the standards and other initiatives and concerns will be scheduled in August or September.

Lawson said the Sussex Economic Development Action Committee has requested that group members be involved in the process. “There will be public vetting of ideas and we welcome their input,” Lawson said.

Lawson said among issues is a better definition of open space, including what type of activities and structures are allowable. Currently, active and passive uses are permitted, as are pools and recreation areas.

Another initiative is a review of cluster subdivision superior design standards, including options to allow for greater flexibility and better design, and improved perimeter buffer protection.

Perimeter buffers are a hot-button issue for council and the public. Currently, developers are permitted to clear-cut woods to the property line and then replant a minimum 20-foot perimeter buffer.

“There is a lot of support that these areas should be protected in some way,” Lawson said.

Related to that is the placement of limit-of-disturbance lines along perimeters of subdivisions where no construction or tree removal can occur. Lawson said that area should be clearly shown on all plans and followed by the builders.

Planning & zoning commissioners listed the following initiatives: site work requirements, forest assessment as a pre-site work requirement, forest preservation incentives, a meadow option for open space, state vs. county street standards, restricting subdivision amenities that are separated by roads, and transfer of development rights.

Another initiative is Delaware code updates, especially regarding the assessment appeal process. “This is the biggest unknown, including who are those five volunteers are who sit on the appeals committee,” he said.

Lawson said staff is working with officials in Kent and New Castle counties to develop better standards for the reassessment process.

County staff is currently rewriting a proposed master plan ordinance. “We've had a lot of input from other entities such as [Preliminary Land-Use Service] and DelDOT so the updated ordinance has their feedback baked into it,” he said.

Staff is also working on a higher-quality stormwater management ordinance.

Ongoing council initiatives include airport construction and expansion to a 6,000-foot runway, broadband expansion in rural areas, business park expansion, additional Delaware State Police officers devoted to the county, support for paramedics and local fire and ambulance departments and companies, and continued collaboration with the Sussex County Land Trust to purchase additional open space.

Road work a priority

Delaware Department of Transportation work is another of council's priorities.

Lawson said DelDOT plans to spend $4.45 billion on road work over the next six years, including $1.37 billion in Sussex County.

He said DelDOT has been gathering data, and planning & zoning staff have forecast land use in the proposed Roxana Transportation Improvement District. “We will roll it out soon for your input,” he told council.

The county already has the Henlopen Transportation Improvement District, which includes a 24-square-mile area, largely from around Route 9 near the Five Points intersection and along Route 1 to the Route 24 corridor to Herring Creek, including 66 miles of roadway and 62 intersections.

He said a project that will receive funding from the TID is one of the first new roads in the county in three decades – the Mulberry Knoll extension to connect Route 24 and Route 9 near Lewes.

In the districts, fees attached to new residential and commercial construction are collected by the county through the permitting process and released to DelDOT as road projects are needed. Twenty-four percent of the cost will be covered by developers. DelDOT will provide the remaining 76% of funds for projects through its six-year capital transportation program.

In addition, DelDOT is developing its 2025-30 capital transportation program. Lawson said officials are soliciting input from the county and the public.