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Lewes residents discuss proposed subdivision code

Council considering major changes
May 24, 2022

Development in Lewes can be a polarizing issue, and controversy surrounding new subdivisions has highlighted the universal need for clarity and a desire to almost entirely replace the city’s code regarding subdivisions and land development. Members of the public were given a chance to voice their concerns on a draft crafted by a subcommittee of the planning commission at a public hearing May 10. Definitions and questions about the preservation of history highlighted concerns.

Recently, both major and minor subdivisions have created a stir in Lewes. Concerns about overdevelopment, climate change and the preservation of the city’s unique characteristics have all come to the forefront from the public, while confusion about the process itself has been voiced by both officials and developers. Planning commission member Nancy Staisey said the new draft was brought forward due to the confusion surrounding the application process and was made a high priority by mayor and city council.

Barbara Curtis of Shipcarpenter Square pointed out the addition of open spaces to the code and the different types of open spaces in the draft. The legal definition of the term open space has been detailed to comply with current laws regarding the term open space. Included in the draft are the terms open space; open space, community; open space, permanent; and open space, useable. Curtis was concerned about the need for the variety of open spaces definitions and worried it may lead to the elimination of genuine open spaces. 

City Solicitor Glenn Mandalas said defining the terms in detail is the most effective way for the city to manage and maintain actual open spaces. Assessing on a conditional basis as opposed to enacting blanket legislation increases the efficiency of the code, he said. 

Definitions were discussed a lot during the meeting, and making sure the language of the draft cannot be manipulated or taken advantage of in the future. The subcommittee added several new words, including lighting definitions, and discussed changing other words, but the city would have to go back and change terms contained outside the scope of the current revision. 

Resident Dave Ennis talked about what he sees as a major problem happening with subdivisions: Flipping. Ennis believes there have been a few developments that were built by people who were not the same people presenting the plans. Once approval was secured, a sale was made to the actual builder and contractor of the subdivision. City Manager Ann Marie Townshend pointed out that while a sale can occur, the agreements for the property remain in place. Proposals in the new draft create a transparent and intimate process between the developer and the city. Should this style of flipping occur, the people who are spending the most time doing the planning with city officials will not be the ones executing the building on Lewes land. 

Ennis also brought up the need for requiring archaeological surveys at sites where certified documentation supports the reasonable possibility of historical artifacts being discovered. 

The new draft does not contain an archaeological provision, but Planning and Development Officer Janelle Cornwell said that is something they are discussing in the five-year review of the city’s comp plan. Mayor Ted Becker confirmed it is something the city has been looking to require and that it is important for Lewes to do all it can to preserve its history.

 

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