Sussex officials, developer work out plan for Heron Bay

Some residents in the Heron Bay community off Beaver Dam Road near Lewes have been waiting for nearly a decade for amenities, road work and stormwater management system to be completed.

Finally, there appears to be a light at the end of the tunnel.

Residents of the community got a little love on Valentine's Day from Sussex County's engineering department and legal staff. A memorandum of understanding with specific timelines for work has been approved by the county and the developers, Heron Bay Associates LLC and LC Homes Delaware Inc., both of 105 Foulk Road, Wilmington.

Under the agreement, county officials will not issue building permits until specified work is completed.

Chris Pollinger, who was among a group of residents who first alerted council and staff about issues in the community, said even at this point he is skeptical the work is going to be done. “But I'm assured the county will back us. We've been dealing with this builder for nine years now,” he said during the Feb. 14 meeting.

Hans Medlarz, the county's chief engineer, called Heron Bay the poster child for what needs to be fixed in the county's subdivision regulations, currently under review. At its Feb. 9 meeting, the county's planning and zoning commission recommended approval of an amended ordinance dealing with drainage, street design standards and bonding. “All of the problems at Heron Bay are addressed in the amended ordinance,” Medlarz said.

County council is expected to vote on the amended ordinance at its Tuesday, March 14 meeting. Medlarz stressed upgrading the regulations will not fix the problems of the past. “But the new world looks a lot better,” he said.

Although Phase 3 of the development is underway, the county has not issued any building permits for more than a year in an effort to prompt the developer to complete required work. The final site plan calls for 325 single-family homes in the three phases.

Under the memorandum, which must be signed by LC Homes President Louis J. Capano III, the developer must follow the outlined time schedule and not contest the county's refusal to issue building permits for non-compliance.

“The time limit when he signs is up to him if he wants building permits,” Medlarz said. “No permits will be issued until the agreement is executed.”

When the MOU is signed, the county will release three building permits.

The following timelines are included in the MOU:

By March 6: The developer must mobilize its contractor to begin completion of drainage improvements and corrections to existing problems. The work must be continuous and not interrupted until completed. Drainage issues must be addressed on two lots in Phase 1; 38 lots in Phase 2; and six lots in Phase 3. Two building permits will be released after full mobilization.

By April 15: Relocation of the playground, construction of a storage shed and landscaping around the clubhouse must be completed. Four building permits will be released.

By July 15: Improvements must be completed within the jogging trail loop, including a tennis court, basketball court, bocce court and horseshoe pits. Five building permits will be released.

By Oct. 15: Completion of the jogging trail loop and all remaining landscaping. Five building permits will be released.

In addition, all road and off-road drainage work in Phase 3 must meet standards in the final design approved May 4, 2005, by the county's engineering department. Also, all incorrect drainage pipe locations must be removed and replaced.

“If everybody plays together, all will have a great fall in Heron Bay,” Medlarz said.

Medlarz said final paving of the roads and lot drainage have been problems since the roads were installed in 2006 and 2007. He said Heron Bay Associates LLC, the current developer, has been addressing the issues, but significant work remains. “The progress in the overall drainage was achieved in part by halting building permits in 2016,” he said.

In addition, he said, an amenities plan was approved in March 2007 by the planning and zoning commission. To date, a pool and clubhouse have been built, but the remaining amenities were not constructed due to inconsistencies in the original site plan. Community members and the county's engineering department met and modified the plan, which was approved Jan. 26 by the planning and zoning commission.

Medlarz said the memorandum does not address the addition of sidewalks. He said that will have to be resolved by the developer and the residents.