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Sussex County, DelDOT officials sign memoradum

Updated agreement helps improve coordination, planning of land development
September 22, 2020

After nearly a year of meetings, public input and hearings, Sussex County and Delaware Department of Transportation officials put their names on an updated memorandum of understanding to improve coordination and planning of land development in the county.

The original memorandum, which included only rezonings, dates back to 1988. The new memorandum includes subdivisions, rezonings, conditional uses and residential planned communities.

Following a 5-0 vote of approval by Sussex County Council at its Sept. 22 meeting, county and DelDOT officials signed the memorandum.

After the county approved its 2018 comprehensive plan, county and DelDOT officials agreed to come together to update the covenant. County staff and assistant county attorney Vince Robertson first discussed the memorandum during an Oct. 17, 2019 Sussex County Planning and Zoning Commission meeting.

DelDOT Secretary Jennifer Cohan said since she was appointed to her position, she has heard demands for a marriage between transportation and land use in Sussex County. “This MOU is the engagement ring,” she said.

The agreement serves as a guide to how the county, which has land-use authority, and DelDOT, the agency responsible for road planning, work together to exchange information and address traffic issues that come with new development. Officials said the latest 10-page accord is reflective of the development complexities – and transportation challenges brought on by growth – that are present in the county, particularly in eastern Sussex County.

“So much has changed in Sussex County since this original document was drafted and approved, so it’s important that given the influx of people and traffic and new housing today, we have an up-to-date road map that charts us forward for development and the transportation planning that will be needed in the decade ahead,” said Council Vice President Irwin ‘I.G’ Burton, whose district includes the greater Lewes-Milton area, where some of the most significant growth has occurred.

“Certainly, there’s no magic pill to swallow and cure all our traffic ills, but this will go a long way to better defining roles, laying out the process, and putting the county and state at the table, together, rather than in separate silos, to look at our collective challenges and work to come up with solutions that benefit the public. Ultimately, this is a communication tool.”

Councilman John Rieley said he has received numerous emails about the memorandum. “There's a misperception that this is a silver bullet that will fix everything,” he said. “It does provide more information to help the public understand what a developer will do.”

“It's an improvement because we will get information earlier,” said Council President Mike Vincent. “Getting information early helps us make good, sound decisions.”

Among the most significant changes in the new agreement:

DelDOT will provide Sussex County relevant information, including traffic data, before any public hearings occur, so that it can be more readily available and useful to the public, developers and county officials.

DelDOT will recommend conditions of approval related to road and traffic issues for the county’s consideration. Such proposed conditions could include project phasing tied to the timing of roadway improvements to minimize the effects of new development.

Sussex County and DelDOT pledge to maintain, where possible, a minimum level of service D grade for roadways and intersections, to ensure traffic flows are not adversely affected by new development. In instances when the grade is at or could fall below level D, DelDOT will require traffic improvements so the existing level of service is not worsened by the new project;

Robertson said questions arose about existing levels of service below D. He said if the level is F, a developer's proposed project can't make the level worse, but a level F is acceptable.

“This agreement really is about better planning, better coordination, and better definitions, all in the hopes of attaining better outcomes,” said County Administrator Todd F. Lawson, noting the update was partially born out of the county’s comprehensive plan update in 2018.

See the memorandum at sussexcountyde.gov/sussex-county-deldot-initiatives.

 

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