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Fewer applications filed in Sussex last fiscal year

Sussex land-use plan report includes housing, transportation, open space updates
June 30, 2023

The fourth annual update on Sussex County's 2018 comprehensive plan includes information on the pace of development and outlines new land-use initiatives, new wastewater projects, housing initiatives and programs, and open space in the county.

County Planning & Zoning Director Jamie Whitehouse presented the report to Sussex County Council at its June 27 meeting.

Transportation: Adopted in 2020, the Henlopen Transportation Improvement District requires developers of projects in the 24-square-mile district to contribute funds to planned transportation improvements within the district based on the number of units or square footage being constructed. As of June, $5.8 million has been allocated to the district, which is administered by the Delaware Department of Transportation.

A study is underway for creation of a second district known as the Roxana Transportation Improvement District, to be located in southeast Sussex between Selbyville and Indian River Bay.

County staff continues to work with DelDOT officials to create a long-range transportation plan, which will likely form a section in the mobility chapter of the next comprehensive plan update.

Resource buffer ordinance: In May 2022, county council adopted an ordinance that overhauls the county's environmental safeguards for waterways and wetlands as development occurs around the resources. “The action represents the most significant update to the county's environmental protection laws in more than 30 years,” Whitehouse said.

Among several new standards, the new ordinance doubles the size of wetlands and waterways buffers from 50 feet to 100 feet; requires a new 30-foot buffer for developments along nontidal wetlands and intermittent streams; prohibits clear-cutting of trees and other vegetation in buffer areas; and establishes penalties, up to $10,000 per quarter-acre, for damage to buffers and forested areas within buffers.

Land-use applications: From July 1, 2022, to June 30, 2023, the county processed 19 major subdivision applications of more than five lots, compared to 32 in 2021-22 and 34 in 2020-21.

Numbers of lots: 1,556 this past year; 3,334 in 2021-22; 1,817 in 2020-21; and 942 in 2019-20.

There were 25 rezoning applications this past year compared to 42, 21 and 30 over the past three fiscal years, and 68 conditional-use applications, compared to 83, 55 and 41 over the past three fiscal years.

Housing: In an effort to expand affordable housing opportunities, the county has adopted the Sussex County Housing Trust Fund, amended its affordable rental unit ordinance and used American Rescue Plan Act funds to expand the county's home repair program to assist nearly 300 households with rehabilitation, emergency repairs, and water and sewer hookups for low- and moderate-income residents. The county continues to work with the Sussex Housing Group to coordinate public/private partnerships that leverage funds for community development efforts.

The trust fund includes two main components: a direct homebuyer assistance program for down payment and closing costs, and a developer grant program for developers building affordable housing projects with up to $50,000 available.

So far, 37 qualifying households have received funding, and more than $4 million has been awarded to projects throughout Sussex County for the construction or preservation of nearly 200 affordable units.

Open space: During the previous fiscal year, areas of open space preserved through the cluster subdivision ordinance totaled nearly 658 acres, which was an increase from the 453 acres of open space created through subdivision approvals in 2021-22. Over the past three years, more than 1,473 acres of open space have been protected.

In May 2023, the county purchased a 294-acre tract for $1.85 million known as the Forest of Broadkill Preserve off Shingle Point Road near Milton, and an 11-acre parcel for $460,000 along the Nanticoke River near Seaford. The Broadkill property will be managed by the Sussex County Land Trust and the Nanticoke property by the Nanticoke Conservancy.

Other parcels purchased by the county include:

Hopkins Preserve, 51 acres, for $1.5 million, along Sweetbriar Road near Lewes. The site will be developed and managed by Sussex County Land Trust.

Jones family tract, 47 acres along Conaway Road near Millsboro, for $650,000. The site is adjacent to the Midlands Wildlife Area.

Dawson Brothers tract: 40 acres on the south side of Route 24 near the Nanticoke Indian Center between Long Neck and Millsboro, for $2.5 million.

Dorman Family Farm Preserve: 13 acres adjoining a larger parcel acquired by the county along Herring Creek and Sarah Run in Angola, for $400,000.

“The county looks forward to continuing to implement the comprehensive plan during the 2023-24 reporting period. Based upon the solid progress made, the county does not anticipate a need for a five-year update to the plan, and will instead shift its focus to the 10-year comprehensive plan update expected in 2027-28,” Whitehouse said.

Wastewater: Construction is complete and connections have begun to sections of the Herring Creek, Mallard Creek and Mulberry Knoll projects. The balance of Herring Creek work will be completed in 2023. Work on infrastructure and transmission systems for Long Neck Communities, Lochwood and Joy Beach Phase 1 will start construction this year. Other projects in the design phase for central sewer service include Countryside Hamlet, Briarwood, Wolfe Runne, Oak Acres, Tanglewood, Slaughter Beach, Blackwater Village, Briarwood and the Warwick sewer project.

Water: The county completed installation of the water transmission system for residents of the Greater Ellendale area. In addition, the county provided a loop to the existing water system in the town.

Work on the Winding Creek water district is expected to begin in late 2023 once wastewater system construction is completed.