Passing a historical preservation ordinance in Sussex County may take actions of historic proportion.
At least two of the five council members are not enamored with requiring a demolition permit before a nonfarm building 80 years or older could be torn down – even if the permit has no cost – and another member didn’t like the way a draft ordinance was written.
Council President Vance Phillips, R-Laurel, and Councilman Sam Wilson, R-Georgetown, also don’t like requiring up to a 45-day waiting period before a building could be demolished.
Phillips and Wilson said the ordinance is nothing more than another layer of government where one is not needed. No permit is required for demolitions in unincorporated areas of the county.
“It’s just a little thing,” Wilson said. “But we get our foot in the door and layer up and layer up. We have all the government we really need.”
Phillips said by itself, it’s just one law.
“But it’s just another layer of red tape,” he said.
He was adamantly opposed to any fees associated with the ordinance and questioned the proposed $300 fine for noncompliance. He said $300 was a lot of money to the working folks of the county.
Councilman George Cole, R-Ocean View, supported the ordinance but requested it be rewritten to include a no-cost demolition permit and allow applications to be filed online.
“It has merit. We shouldn’t be preserving only farmland. There are other things worth preserving like open space and history. Most communities would embrace this,” he said.
But Cole would not step up to work with staff to pen another draft. “I don’t want this to be labeled Mr. Cole’s ordinance,” he said.
Councilman Mike Vincent, R-Seaford, broke the stalemate and volunteered to work with staff and come up with a new ordinance.
Dan Parsons, the county’s historic planner, has presented at least two drafts for council consideration.
The ordinance is one of nearly two dozen proposed to enact the county’s updated land-use plan. Councilwoman Joan Deaver, D-Rehoboth Beach, said she supports the ordinance.
Cole said the council is starting to follow the same path as the previous council, which did not adopt or drastically change ordinances recommended in the land-use plan.
Phillips said the proposed ordinances were suggestions. County Administrator David Baker said it is not legally decided whether council is required to pass ordinances.
Parsons said the ordinance would affect from five to 10 buildings per year. He said even if he deems the structure historic, a permit could still be issued once documentation and photographs have been taken of the property.
“Rare structures in the county should be documented before they are destroyed,” Parsons said.
Ideally, however, the ordinance provides a waiting period of from 14 to 45 days for a plan to be set in place to save the structure by having it sold or moved.
Wilson did not like that idea either. “Whose expense is history supposed to be?” he asked. “Why don’t we just go out and pass a law to buy it [historic property]?”
Phillips said if enacted, the ordinance should be on a volunteer basis.
He said there is no clear indication of what the ordinance would cost and how it would be enforced.
“Will we have to staff up? What are the costs associated with it?” he asked.
Parsons said the only cost would be his time and the assistance from an intern, or about $500 per structure.
Phillips said interns have a way of turning into part-time or full-time employees.
Cole reminded council that most towns have similar ordinances in place.
“Just because towns do it is not a reason to do it. And why create laws we can’t enforce?” Phillips asked.
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