Sussex council seeks input on how density is calculated

Sussex County Council wants public input on a proposed ordinance that would alter the way the permitted number of houses is calculated in a subdivision.

Currently, an entire parcel's acreage is used in the calculation. In an agricultural-residential, AR-1, zone where 2.1 units per acre are permitted, a 50-acre parcel would allow up to 105 units. Areas that can't be built on – such as wetlands, buffers and stormwater ponds, as well as space for streets and amenities – are included in the acreage used to determine the number of units allowed.

Councilman I.G.Burton, R-Lewes, has introduced an ordinance that would exclude one of those unbuildable areas from the density formula – state-regulated wetlands, including flowing creeks, streams and rivers.

Under the proposed ordinance, the wetlands acreage would be excluded before the total number of housing units was determined, reducing the number of units on an AR-1 parcel that contains wetlands. On that same 50-acre parcel, with five acres of state-regulated wetlands, the number of units would be reduced to 95.

Burton said his intent is not to change the value of farmland. “In fact, this will have a minimal impact on most farmland being developed. My intent is to relook at how density is calculated using unbuildable, state-determined wetlands that all of us understand deserve special consideration,” he said.

Public hearings before the county planning and zoning commission and county council will be scheduled at a later date.

Councilman Rob Arlett, R-Frankford, asked the goal of the proposed ordinance.

“Is it to protect the environment and waterways? Have we had issues? Do we have proof that our policies all these years have negatively impacted the environment?” he asked.

“By protecting these state wetlands from density calculations, you are then protecting the environment,” Burton answered.

“Do we have proof?” Arlett asked.

“I just look out the windshield,” Burton said.

“Is density directly impacting the environment?” Arlett asked. “We all agree we need to protect the environment, but will this do that? I'm not looking for opinions; I'm looking for facts. I don't know the answers. I'm posing the questions.”

Councilman George Cole, R-Ocean View, said state environmental officials could offer numerous studies on water-quality issues, stormwater runoff, density, buffers and runoff related to development.

Cole said if you polled the public, they would agree that rapid development occurring in the county has negatively impacted the environment. He said less density, less traffic and less impervious surface would improve conditions.

Once again, Arlett asked for evidence and not opinions.

“You can research it and bring us back some results,” Burton told Arlett.

“That's the purpose of the public hearing,” Arlett said.

Burton said it makes no sense to him to allow the density calculation to include lands that can't be built on. He also noted that revising the calculation was noted in the last two comprehensive land use plans and is a strategy in the proposed 2018 plan.