Sussex County vs. DelDOT

State transportation and Sussex County officials say they are trying to forget the past, work together and move forward.

But they may have to put on their hardhats and bright yellow safety vests and do some more work first.

Officials agree their relationship has not always been congenial. Because of home rule, Sussex officials are charged with making all land-use decisions while Delaware Department of Transportation officials make all transportation decisions. At times – officials say – that leads to a disconnect.

“The relationship has not always been great,” admitted DelDOT Secretary Jennifer Cohan during an April 13 public land-use forum sponsored by the League of Women Voters of Sussex County. “There has been a lot of finger pointing, but we can't go back in time. The olive branch is out there. We need to work together, and I think the message is getting through.”

“We can no longer keep land use and transportation separate,” said Drew Boyce, DelDOT's director of planning. “Saying it's not my responsibility does not work. The county and DelDOT are partners in this.”

Transportation district proposed

In an effort to improve the relationship, transportation officials now attend planning and zoning meetings as a resource available to the commissioners.

A sign task force – including both DelDOT and county officials – worked toward amending the county's regulations to be more in line with state regulations on signs along routes 9/404, 13, 113 and 1.

On the flip side, council has been slow to act on a DelDOT idea to create a transportation improvement district (TID). DelDOT officials have met three times with county officials to discuss the idea.

At the most recent meeting April 19, Sussex County Council directed staff to meet with DelDOT officials to identify an area for a possible district and develop a model for it. “Once that is complete, we will present those recommendations to council for an approval to proceed,” said County Administrator Todd Lawson.

Cohan says it's time to create a district in the Cape Region. A district – jointly agreed to by council and DelDOT – is an area where growth is anticipated. Once a district is established, the cost of transportation improvements for development can be determined, with developers being assessed their share of the cost.

DelDOT has had success with similar districts in New Castle and Kent counties.

Sussex council reacts to DelDOT's idea

Still, council has not been quick to buy into the concept.

During an April 19 workshop, Councilman George Cole, R-Ocean View, said council has historically had little involvement in transportation issues. “We rely on agency reports; we've never had a history of making suggestions,” he said. “We've never had to do it. We have limited experience with transportation. We've never done anything like this before.”

“This is our opportunity to work together,” said Marc Cote, DelDOT's assistant director for development coordination.

Councilwoman Joan Deaver, D-Rehoboth Beach, said the relationship between DelDOT and the county is not perfect, but it's working. “It's hard to predict where growth will be,” she said. “We may be making decisions that may not be financially viable.”

Boyce said identifying a transportation district is based on the best information consistent with the county's land-use and sewer plans. “We can determine the impact on the transportation system and gain a more comprehensive plan for that specific area,” Boyce said.

Boyce said developed areas with little or no growth potential are not good candidates; an area like the Route 1 corridor is not as good a choice as the Route 24 corridor near Rehoboth Beach, he said.

Bill Brockenbrough, DelDOT's Sussex County coordinator, said establishing a district allows staff to obtain more specific traffic data. “We don't have a good way to access seasonal traffic though the traffic impact study now,” he said. “We need to work that out.”

Cote said the district is more equitable because the cost of transportation improvements is spread out. “Now, some developers pay and some don't,” he said. “Many times it's the last guy in or the first guy in who pays.”

Cote said it could be an arrangement where developers pay a fee per house they construct in a development within the transportation district.

“They would pay a flat fee in cash or asphalt,” Boyce said.

Councilman Rob Arlett, R-Frankford, said the county doesn't want another Route 1 corridor. “That's why we are here for better planning and predictability,” he said.

“It's not a lack of plans,” Cole said. “It's not good ones and ones not followed through on.”

County, state differ on some regulations

Cohan has met with Sussex officials on several occasions in an effort to open the lines of communication.

During a Sept. 15 meeting, Cole, who has served on council for 30 years, said a new day had dawned in the relationship between Sussex County and DelDOT.

Then during a Dec. 8 meeting, Council President Mike Vincent, R-Seaford, said the ball is in council's court. “It seems like we've talked more the last six months than we've talked the last six years,” he told Cohan. “And shame on us if we don't make an effort.”

However, the county and state have conflicting regulations.

During the League of Women Voters forum, Boyce said Sussex is the only county in the state that has its own private street standards.

While Kent and New Castle counties default to state standards for private roads and streets, Sussex County has its own regulations. The streets are state maintained in the two upper counties while HOAs are responsible for road maintenance in most Sussex developments.

Those regulations for the most part are much less strict than state standards, and that can lead to problems, Boyce said.

“Sussex has cheaper, lower street standards that leaves the maintenance burden on the HOAs,” he said.

In Sussex, developers are permitted to construct 20-foot streets – compared to the state's 22 feet to 32 feet regulations – and in Sussex, the street base is 1.75 inches of hot mix over 6 inches of stone; the state requires 3.75 inches of hot mix over 7 inches of stone.

Historically, interconnectivity has been a land-use process not supported by Sussex County officials. However, as Boyce pointed out during the forum, the practice aids in traffic flow and to ease congestion. Interconnectivity also includes more use of sidewalks, bike paths and connections to transit, he said.

Residential and commercial projects in Kent and New Castle counties must provide connecting roads or streets to adjoining properties, even if a parcel is vacant, Boyce said.

He said the typical Sussex development has one entrance/exit with one option for vehicles to gain access to the nearest arterial road, and connector streets or roads are not required under county regulations.

In addition, he said, state planners are urging developers to provide better traffic flow by avoiding cul-de-sacs, a common practice in Sussex County.