Sussex County staff introduces new DelDOT agreement

Sussex County and state transportation officials have unveiled a new memorandum of understanding in an effort to have better communication on proposed developments.

Planning and Zoning Commission attorney Vince Robertson said the original MOU was signed in 1988.

After the county approved its new comprehensive development plan last year, Robertson said county and Delaware Department of Transportation officials agreed to come together to update the MOU to make it more up-to-date.

The current MOU only addresses rezonings, so, Robertson said, the first order of business in the update was incorporating other kinds of land use, such as conditional uses, residential planned communities and subdivisions. 

The new MOU states that while the county has final say on all land-use decisions, the planning and zoning commission will request a preliminary traffic analysis for each land-use application to determine whether the traffic impact is major, minor or negligible.

DelDOT will have 20 days to complete the traffic analysis; an application will not be considered until the traffic analysis is complete.

Should DelDOT consider a development to have a negligible impact, no further analysis is necessary, and the county can move the application forward. If the impact is minor, DelDOT will examine the access points and condition of nearby roadways relative to the amount of traffic the subject property could generate.

From this, DelDOT could recommend improvements or further study before an application is approved.

If DelDOT determines an application has a major impact, the developer will be required to conduct and pay for a traffic-impact study.

An exception is if a project has a major impact, and there have already been traffic-impact studies, DelDOT could require a fee-in-lieu to be paid by the developer to DelDOT.

The fee would not absolve a developer of any other obligations they may have for roadway improvement.

The MOU allows DelDOT to recommend conditions of approval to be considered by planning and zoning or county council, although the county is not obligated to include DelDOT’s recommendations as part of approval.

DelDOT can also recommend phasing of land development, where appropriate, mainly in cases where highway improvements are necessary.

Robertson said the MOU gives the county a seat at the table in any discussions between DelDOT and a developer over roadway improvements. 

“We want a better exchange of information. It takes into account all types of land use. We were looking for better pre-hearing coordination,” Robertson said. “So when you make a decision, you have clear recommendations from DelDOT.”

Mark Cote, DelDOT’s assistant director of developmental coordination, said, “This is to help us improve our communication between our agencies. To provide more relevant information on the actual land that’s being developed. There’s a lot that has changed in 30 years, and it just makes sense to do an update.”

Robertson said the next steps are public hearings before the planning and zoning commission and county council before going to DelDOT for final comment before a vote by council. 

To view a draft copy of the MOU, go to bit.ly/30FwliV.