Preservation coalition gaining momentum

The Sussex Preservation Coalition will be celebrating its first anniversary with a party and fundraiser from 2 to 4 p.m., Sunday, Dec. 10, at the Lewes library.

According to President Jean Gruenebaum, the coalition has a lot to celebrate.

“We’ve grown to 2,000 members and more than 20 groups in just one year,” she said.

During a Nov. 14 meeting at Delaware State Police Troop 7 near Lewes, she said the coalition has been actively supporting groups and residents.

“There’s a lot we can do to help make this a more livable community. We’ve had recent successes to preserve our natural resources,” she said.

Recently, the coalition helped residents who were opposing two applications – Osprey Point marina and restaurant near Rehoboth Beach and Stillwater Harbor near Oak Orchard, both of which were denied.

Gruenebaum said three working groups have been formed to address key issues county officials are considering.

Chairing the groups are: Rich Borrasso, tree preservation; Jeff Seemans, superior design; and Jill Hicks, the pending Master Planned Zoning ordinance.

Gruenebaum said the coalition worked with two other grassroots groups, Sussex Alliance for Responsible Growth and Sussex 2030, to review line by line the proposed Master Planned Zoning ordinance. The marked-up document was presented to Sussex County Council.

Lawson updates alliance

Guest speaker during the meeting was Sussex County Administrator Todd Lawson, who talked about the development design standards being addressed by Sussex County Council.

It was almost the same presentation he made to county council and the Sussex County Planning & Zoning Commission a few weeks earlier.

He informed the large crowd that advocacy is important to the land-use process.

“If you don’t show up, we don’t have an opposing view,” he said.

Lawson said the priorities established by council and planning & zoning include perimeter buffers, open space requirements, forest preservation, interconnectivity, superior design elements and other miscellaneous code items.

In a point ranking system, perimeter buffers surfaced as the top priority. Staff and legal staff will present an amended ordinance to council during the first quarter of 2024, Lawson said.

Proposals for the amended perimeter buffer ordinance include wider buffers, protection of tree roots, use of berms along road frontage, established requirements for plantings, access for maintenance, preservation of mature trees, improved enforcement and inspections with new fines, and a better defined timeline for placement of buffers.

Big workload at county

“We have other balls in the air and only have so much horsepower,” Lawson said, adding county staff are also working on other key ordinances, including the Master Planned Zoning.

He said he agreed with many public comments that the ordinance is not ready for prime time. “The public’s comments were well done. It gives a roadmap for us to utilize,” he said.

Lawson said an amended version will be presented to council during the first quarter of 2024.

In addition, he said, staff is working on workforce housing, solar arrays and how to develop regulations to comply with the new recreational marijuana state law.

He said the county can’t prohibit selling or growing marijuana in unincorporated areas of the county, which is contrary to what’s allowed in municipalities. Many Sussex towns have instituted prohibitions. 

Lawson said county legal staff will make a presentation before the end of year to help place guardrails around marijuana regulations.

As for solar arrays, Lawson said, “We don’t understand why so much attention is paid to solar arrays,” adding nearly 40 projects have been approved. “We feel like we are missing something and we may need to pause this.”

Lawson said perimeter buffers and the Master Planned Zoning are on the same track. 

He said a presentation on possible amendments to perimeter buffer regulations will be made to council during the first quarter of 2024. Before a draft ordinance is introduced, council will provide feedback on proposed changes. Public hearings before planning & zoning and council will have to be scheduled.

Other county priorities

On workforce housing, Lawson said there is a great need and a lot of conversation about it. He said one new project has been approved, one is in the pipeline and two others are in the process of developing plans. The developer of School Lane, along Route 24, will participate in the Sussex County Rental Program and provide about 50 affordable apartments below market rates. The county has amended its rental program to provide more incentives to developers who participate in the program.

Lawson was asked about the development of a forest preservation ordinance, which Kent and New Castle counties and the State of Maryland have in place.

“We are starting from scratch because there is no forest element in place in code. In general, council supports it, but it depends how far it goes,” he said.

Because of that and possible impacts on property rights, Lawson said it will be difficult to tackle.

Lawson said people don't realize how far the county has come. He pointed out that 12 years ago, the county had no planners. Today, the county has a staff of planners in the planning & zoning office and one in the engineering department.

He said many of the issues the county is dealing with are more than 20 years old. Lawson said he became administrator 12 years ago, and it’s taken that long to talk about some of the key issues.

Lawson told the crowd that county land use is based on property rights, which allows two housing units per acre by-right in AR-1, agricultural-residential, zoning.