The following is a response to Rep. Bryan Shupe’s commentary about government overreach by Delaware Democrats.
I support Senate Bill 159, Electrical Substations.
The state’s role in energy policy does not undercut the authority of local government. There is state engagement in areas that are components of local land development, among them:
- State review and approval for on-site septic systems
- Standards for stormwater management
- DelDOT requirements for roads in non-municipal areas generally and, for major arterials, in incorporated areas.
Sussex County’s land development regulations preservation of natural features explicitly acknowledges that there are conditions “... rules and regulations of the state Department of Natural Resources and Environmental Control that may solve problems….”
Essentially, SB 159 sets a level playing field for a highly critical land use that will benefit Sussex County and all of Delaware by improving the electric grid and underpinning a project that provides an alternative to dependency on power generated by fossil fuel.
I am a Delaware architect. Architects and engineers rely on consistent and equitable interpretation of land-use regulations when seeking project approval. Sussex County’s zoning code recognizes this: “All such regulations shall be uniform for each class or kind of buildings throughout any district ...”
The Sussex County Planning & Zoning Commission unanimously recommended approval for the use of the tract zoned heavy industrial. The commission and Sussex County Council had previously approved it for a substation. In rejecting that recommendation for specious reasons, Sussex County Council, with one exception, ignored the need for consistent treatment of exactly the same use.
SB 159 does not take home rule authority away from the county, but rather restores a rational and equitable standard for a land use critical to the entire state.
The site adjoins an industrial use on the east. The unnamed stream crossing the site from east to west coupled with Sussex County zoning’s 20-foot side-yard requirement – a requirement not altered by SB 159 – provides deep separation from the residential area to the southwest.
SB 159 will bring substantial benefits to Sussex County, benefits without detriment.
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