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Sussex council could vote on density ordinance Nov. 27

Proposal would remove tidal wetlands from subdivision calculation formula
November 23, 2018

Sussex County officials say it's clearer that state tidal wetlands are included and federal 404 nontidal wetlands are not included in a proposed density calculation ordinance.

Based on feedback from the public, county and legal staff worked to rewrite some of the definitions in a proposed ordinance.

“There was a clear call to address some definitions,” said assistant county attorney Vince Robertson during county council's Nov. 13 meeting.

Under the proposal, developers would no longer be permitted to count state wetlands when calculating total density in a subdivision. Under current regulations, density is calculated using the total parcel acreage, even though state wetlands cannot be built on.

Robertson said it needed to be made clear that nontidal wetlands were not included in the ordinance.

Councilman I.G. Burton, R-Lewes, said amending how density is calculated has been included in the previous two comprehensive plans as well as the 2018 draft. “There is some confusion what is calculated and what is not. This clears it up,” he said. “Most of the opposition we heard was never the intent of the ordinance.”

County attorney J. Everett Moore said federal wetlands were a major issue expressed during public hearings, especially by farmers.

Council President Mike Vincent, R-Seaford, said many of those opposed to the ordinance were also concerned about how the ordinance would affect land value.

Robertson said the ordinance would not affect use of land for farming, and several other factors come into play when calculating the value of land.

“It's never been the intent to devalue farmland,” Burton said.

“It's good for business to protect wetlands,” said Councilman George Cole, R-Ocean View. “People will pay more money for land abutting protected areas.”

During the public comment period of the meeting, Rich Borrasso, representing Sussex Alliance for Responsible Growth, showed a map outlining state wetlands in Sussex County, accounting for 3 percent, or about 27,000 acres, of the county's total 768,000 acres.

Burton said if they remove land that has already been developed or is preserved, it is closer to 1 percent or about 7,680 acres.

Councilman Sam Wilson, R-Georgetown, asked why the county should be involved when it was such a small percentage of land. “Let the developers worry about it,” he said.

“Every little bit helps,” Burton answered. “We have to protect what we have. Next, we need to address buffers from wetlands.”

He said passage of the ordinance would signal that Sussex officials are serious about better development and environmental protection.

“We've done nothing to protect wetlands,” Cole said.

Robertson said a finished draft of the ordinance would be presented to council for a possible vote during its Tuesday, Nov. 27 meeting.

Commission doesn't back ordinance

Sussex County Planning and Zoning Commission voted 4-0 at its Nov. 15 meeting recommending denial of the proposed density calculation ordinance.

Commissioner Keller Hopkins said council should have a workshop with stakeholders triggering another series of public hearings. The commission backed his recommendation.

“I understand what they are trying to do, but there are too many loopholes and unanswered questions,” said Commissioner Kim Hoey Stevenson.

“There needs to be more due diligence,” said Commissioner Holly Wingate.

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