With a 5-0 vote, Sussex County Council denied an appeal filed by the developers of Stillwater Harbor to overturn denial of the subdivision by the Sussex County Planning & Zoning Commission.

Stillwater Harbor LLC filed an appeal of the commission's June 22 denial and pleaded its case during an Oct. 24 appeal hearing.

During council's Nov. 4 meeting, Council President Mike Vincent read a synopsis of his motion outlining reasons why council supported the commission’s decision.

He said the commission conducted an orderly and logical review of the application and listed numerous reasons why the application did not comply with chapter 99-9C of county code. At 20 pages, he said, the motion was one the longest in land-use history in the county. “They outlined the deficiencies in depth,” he said.

Plans for Stillwater Harbor included 123 single-family home lots on 57 acres along River Road near Oak Orchard.

Vincent said one of the top reasons was the lack of a 50-foot access road leading into the subdivision. A 50-foot road is one of the requirements for a subdivision.

“It's on the record that the road is 42 to 46 feet wide,” Vincent said.

Vincent said he did not agree with the applicant's submission that the commission did not vote on the application within the 45-day deadline outlined in county code.

He said the public record was closed June 8 and the commission voted June 22, clearly within the deadline time.

Frequent flooding along River Road was another reason Vincent stated that the commission clearly outlined. He said the fire department, Delaware Department of Natural Resources and Environmental Control and Delaware Department of Transportation officials all expressed concerns with flooding of River Road. “And removal of most of the trees will only worsen flooding,” he added.

Currently during periods of flooding, school children are picked up and dropped off at the Indian River Volunteer Fire Company in Oak Orchard, he said. He agreed with the commission's concern for safety and to not make the situation worse with a development with more children.

In addition, he said, the applicant's plan to use Jack Draine Lane, a 12-foot-wide, unimproved street, is inadequate for emergency access.

“There are a multitude of deficiencies that are confirmed by statements on the record. The commission provided detailed, well-thought-out reasons,” Vincent said.

Council's decision can be appealed by the applicant to Chancery Court.