Build what you agree to build

A recent meeting of Sussex County Planning and Zoning Commission was devoted primarily to requests to change approved subdivision site plans in various communities.

It sounds like a routine issue; it makes sense that as a development is built, problems may arise requiring minor changes.

But at recent meetings, developers requested major changes, such as eliminating sidewalks that were shown on site plans approved by county officials. One developer requested permission to build well into setbacks to allow construction of various features that would violate established setbacks – nearly to a home’s property line.

These kinds of changes are not based on unforeseen problems. They appear, instead, to be based on avoiding infrastructure costs that were agreed to as part of the original project design or on a desire to sell amenities, such as decks and porches, that don’t fit on the lots county officials approved.

These requests do not benefit the public, and they are not likely to benefit future homeowners who will move into the new developments. Instead, they benefit developers who propose one thing and then want to build another.

The real issue, however, is while the public has the right to comment on proposed developments and how they may affect nearby properties, when a developer requests a site-plan revision, there is no public hearing, and there are only limited criteria for the commission to rely upon when granting changes.

So what would stop a developer from agreeing to sidewalks and setbacks to win approval during the public process, and then, once construction is underway, going back to the commission for approval to eliminate promised features?

And once the commission agrees to changes in some developments, it can expect legal challenges were it to turn down similar requests from other developers.

This process has been working until now, but as development continues to gain steam and hundreds more houses come on line, it’s time for a change.

Builders should build what they agree to build. Changes should be rare, and when changes are needed, developers should be required to show, publicly, how the changes will benefit future homeowners and the public.