Hearing set on draft of DelDOT-Sussex memorandum

A proposed memorandum of understanding between Sussex County and state transportation officials would expand to include all county land-use applications. The current agreement, dating back to 1988, applies only to rezoning applications.

The proposal is expected to give county officials more say in road improvements tied to land-use applications.

On Sussex County Planning and Zoning Commission's next agenda is a public hearing on the draft memorandum. The proposed agreement now includes rezoning, subdivision, residential-planned-community and conditional-use applications.

The meeting is scheduled for 6 p.m., Thursday, Dec. 12, in the county administration building, 2 The Circle, Georgetown.

Determining traffic impact

Under the proposed memorandum, Delaware Department of Transportation officials would provide a preliminary traffic analysis for all land-use applications to determine whether the traffic impact would be diminutive, negligible, minor or major. That finding would trigger three possible actions – a traffic- impact study, traffic-operational analysis or a fee charged to developers in lieu of a study.

Diminutive impact: Traffic increased by less than 50 vehicle trips per hour.

Negligible impact: Traffic increased by 50 vehicle trips in any hour and fewer than 500 trips on any day.

Minor impact: Traffic increased by at least 50 trips but fewer than 200 trips in any hour and at least 500 trips per day.

Major impact: Traffic increased by more than 200 trips in any hour or more than 2,000 vehicle trips per day.

An analysis would not be required if planning and zoning staff, in concurrence with DelDOT staff, find that a proposed application would generate fewer than 50 vehicle trips per day.

DelDOT staff would have up to 20 days to complete an analysis. County officials could not consider an application until an analysis is provided.

With a finding of major impact, a developer would be required to conduct a traffic-impact study. In addition, county officials could also request a developer to complete a traffic-impact study. All studies would include traffic counts during the summer season.

All road improvements related to an application would strive to maintain a level of service D for traffic in the area. If the existing level of service is below D, at E or F, that level of service would have to be maintained.

No public hearing would be conducted until Sussex County officials receive at least one of the following: an approved traffic-impact study from DelDOT; an approved traffic-operational analysis from DelDOT; a fee in lieu of road improvements approved by DelDOT; or the application has been determined to have a diminutive impact.

Level of service D

When DelDOT determines, on the basis of its analysis, that a land-use decision would change the level of service on adjacent or nearby roads, the county could not approve an application unless the developer provided road improvements to maintain at least a level of service D. However, county officials would have an option to override and approve an application by providing reasons in writing why a developer would not be responsible for all or part of road work to maintain a level of service D.

National level-of-service standards are ranked from A, free-flowing traffic, to F, gridlock and breakdown of a transportation system. D is considered borderline.

DelDOT officials – and not Sussex County officials – would provide the conditions of approval that should be imposed on a land-use application decision, and those conditions would be provided to the county in DelDOT's preliminary traffic analysis.

Sussex officials would be expected to consider DelDOT's conditions but would not be obligated to include any of the proposed road improvements as conditions of approval.

Phasing is an option

Another key component of the proposed memorandum would be possible phasing of land development by DelDOT to maintain a level of service D. Sussex County officials would then be advised to incorporate phasing during their deliberations on an application.

Phasing of a project could include a delay of all or part of development until specific highway improvements are made by DelDOT or developers. Phasing could also depend on whether required road improvements would be funded or constructed at a developer's expense.

Other proposed provisions:

• Sussex County officials – including the county administrator, planning and zoning director and attorneys – would be allowed to participate in negotiations between developers and DelDOT officials on roadway improvements. County officials could provide input, but DelDOT officials would make the final determination on all agreements and road improvements by a developer.

• Agreements and any subsequent changes to agreements with developers would immediately be forwarded to Sussex County planning and zoning staff to be part of the public record.

• If an application is in a transportation improvement district, the requirements of the district would supersede requirements in the memorandum.