In a follow-up to his July 9 Cape Gazette article (“Sussex: Clock ticking on two dozen projects”), Ron MacArthur got another page one placement in the July 22-25 edition on “Sussex gives developers a second chance.” In the more recent article, we learn that more than 1,000 lots/units were given a series of new time extensions at a July 19 meeting of Sussex County Council. This follows an earlier report that 18 projects with more than 2,200 lots/units had already met the time extension deadline of July 1. The key words in determining whether a project has satisfied the terms of the extension are whether the development is “substantially underway.” These words are defined as “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.” In a personal email from Mr. Lawrence Lank of Sussex County Planning & Zoning (via Mr. Michael Vincent of Sussex County Council), I learned that the 168-apartment development to be known as Arbors of Cottagedale was determined to be substantially underway by Mr. Lank’s staff. “Frank Kea of Solutions IPEM, the contact agents for this project, were advised that the project is substantially underway on May 6, 2016.” That would explain why nothing has been done to the site since May 6. As to whether the project is in fact substantially underway, I challenge Mr. Lank’s staff to re-examine the site. At a minimum, nothing is being actively maintained. The approach from Plantation Road to the residential portion of the area has been cleared and stormwater management facilities have been rough-graded. However, the main area of the site, i.e., the future residential portion, has not been touched at all – no clearing, no roads, no drainage system. In Mr. Lank’s own words, “this is a Brownfield site and will require mitigation of the old borrow pit area under the supervision of the state DNREC before any major construction can take place.”
No mitigation has begun in any way, shape or form. I would not be so bold as to suggest that a special deal was made for approval, but is it possible that some leeway was given to the Arbors of Cottagedale developer because it would be the first-ever Sussex County Affordably Priced Rental Unit Program in which 26 of the total of 168 (23 percent) residential units available would participate in this program.
Marc Collard
Lewes
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