With 3-2 vote, Sussex County Council

By Ron MacArthur
ronm@capegazette.com


Love it or hate it, the Sussex County comprehensive land-use plan update has been adopted. Opponents say the plan is more of the same and does not go nearly far enough to curtail sprawl while proponents say 23 ordinances in the plan will address concerns dealing with the environment, development and land-use.


Over the objections of two members, Sussex County Council adopted the much-debated land use plan update Tuesday, June 24. With the approval of the planning and zoning commission a week earlier, the plan now goes to Gov. Ruth Ann Minner’s office for certification – six months beyond the deadline.


Councilmen George Cole and Vance Phillips opposed the plan in the 3-2 decision to adopt the plan. Councilmen Lynn Rogers, Dale Dukes and Finley Jones, president, voted in favor of it.


County Administrator David Baker said a milestone has been reached. “Sussex County has taken a major step forward in planning for its future by approving this comprehensive plan,” he said. “We believe it reflects the overall community’s desires and will promote orderly and appropriate growth in our developing areas.”


Phillips, an outspoken proponent for property rights, said the plan should not place restrictions on density or height allowances – both should be considered on the merits of each development or project.


“The opportunity for greater density on a case-by-case basis could lead to more open space and more wildlife habitat,” he said. “And in some cases it’s better to grow up than to grow out.”


Phillips said government’s role is to get out of the way and let market forces and free enterprise dictate the direction growth occurs. “And not a line on a map,” he said.


Cole said the plan left a lot to be desired. He said there is not enough protection for the environmentally sensitive developing district, which includes most of the Cape Region, and there should be no density bonuses in that district.


“I don’t like the plan – it leads nowhere. It does not go far enough,” he said. “Basically, a direction was given to the consultants: don’t change it. It’s the way this council plays games, and it’s a shame because it has done it again.”


Cole said the 23 ordinances proposed as part of the plan have not been discussed and council has not been asked for input.


“The debate is only beginning,” Councilman Lynn Rogers said. “This is a living document and not the force of law.”


He said passage of the ordinances would be the force of law of the plan.


Rogers said for the first time, the consultants, Urban Research & Development Corp., will write the ordinances and present them to planning and zoning and council in packages. The county has 18 months to act on the ordinances.


Delaware law mandates that all counties and towns have comprehensive plans in place.


What’s in the county land-use plan?


Priorities of the 200-plus pages include:


• In line with Livable Delaware guidelines, the county wants development to occur in or near towns or where infrastructure is already in place. To encourage future growth in defined growth zones, the plan includes: a transfer of development rights program; sub-area planning to evaluate existing and needed infrastructure in highly localized areas; and incentives – bonus density and expedited reviews - in growth zones that meet environmental standards.


• Promote and conserve the agricultural economy and farmland by creating a new agri-business zone and allowing developers and landowners to purchase additional density in exchange for additional open space.


• Protect the environment using incentives for larger buffers around wetlands and waterways, an updated forested buffer ordinance and allowing green stormwater management techniques not currently permitted.


• Expand the county’s moderately priced housing program to include rental units.


• Promote traditional neighborhood designs in developments.


• Establish clear definitions for open space and superior design within developments.


• Adopt 23 ordinances that must be acted on by the planning and zoning commission and council within 18 months.


There was no change in the county’s base density of two homes per acre with central sewer service in agricultural-residential zones, which includes most unincorporated land in the county. Developers can get up to four homes per acre under the county’s bonus density program.


The plan is available on the county’s website at www.sussexcountyde.gov/compplan.