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Sussex council gives developers a second chance

More than 3,000 lots/units are in the development stage
July 22, 2016

At its July 19 meeting, Sussex County Council gave developers a second chance to build projects with more than 1,000 lots/units through a series of new time extensions. The five projects were set to expire because they had not met the county's requirements to be substantially underway.

That came after a report that 18 projects with more than 2,200 lots/units met a time extension deadline and can proceed with construction. Included on that list is Governors, a 423-unit mixed housing development along Gills Neck Road near Lewes.

Under a new ordinance, developers with applications that expired Dec. 31, 2015, could apply for a second chance to get their projects underway with a six-month time extension. Most of the more than 200 developers whose applications expired did not apply for an extension, but about 40 developers met a deadline and provided written documentation that an extension was warranted.

Sussex County Council members voted to allow 23 of those projects – including six projects in the Cape Region – a six-month extension. Lawrence Lank, county director of planning and zoning, said five developers did not meet the requirements of the ordinance and the applications expired.

Lawrence Lank said county staff inspected each project, and checked on the validity of all permits to assure the projects were substantially underway.

Lank said a project is substantially underway when the right-of-way has been cleared, the roadways, internal streets and/or parking areas have been rough-graded, the drainage system or stormwater management facilities have been rough-graded, and erosion- and sediment-control measures are in place and actively maintained.

Projects meeting the deadline in the Cape Region are: Governors, a 423-unit development along Gills Neck Road in Lewes; Anthem, a 151-unit project along Walker Road near Milton; Deerbrook, a 120-single-family lot development near Long Neck; Red Clover Walk, a 28-unit project along Robinsonville Road near Lewes; Rich-Field Acres, with 16 single-family lots along Dorman Road near Angola; and Donovan Heritage, nine single-family lots near Milton;.

Five area projects get new time extensions

Separate from the first series of time extensions, council voted unanimously to grant additional extensions to five projects, all in eastern Sussex County:

Oyster House Village, Rehoboth Beach – conditional-use multifamily with 30 units on 4.5 acres. Extension granted for three years.*

Tidewater Landing near Angola – cluster subdivision, 213 lots on 163 acres. Extension to Dec. 31.

Captain's Way between Ellendale and Milton – general-residential, residential planned community with 301 lots on 155 acres. Extension to Dec. 31.

The Estates at Sandhill Valley, between Georgetown and Milton – cluster subdivision with 393 lots on 262 acres. Extension to March 16, 2017.

Ingram Point, Millsboro – cluster subdivision with 129 lots on 150 acres. Extension to Dec. 31.

Most developers requested extensions to allow more time for the receipt of state and county agency approvals to proceed with construction.

* Because the project was tied up in prolonged litigation, the conditional-use application approved in 2003 did not go into effect until the final court ruling. Under a conditional-use application, projects have three years to get substantially underway.

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