Sussex officials will look at cluster ordinance

Sussex County officials will schedule public hearings on a possible amendment to the existing cluster subdivision ordinance, enacted in 2002.

Under the current ordinance, regulations for cluster subdivisions differ in AR-1, agricultural-residential, zoning districts and land in the coastal area district. Councilman Irwin “I.G.” Burton says it's time to look at having the same requirements in both districts.

If requirements are met, on land served by central sewer service, developers can build on 7,500-square-foot lots instead of 20,000-square-foot lots by right in AR-1 zoning. Because of the advantages of smaller lots, and more space for amenities, stormwater management and open space, nearly all subdivisions over the past decade have been constructed using the cluster option.

In the coastal area, in order to obtain cluster status, developers must provide an environmental assessment and public facility evaluation report.

However, in AR-1 districts, requirements include buffers from wetlands, tidal water, farm areas and adjacent residential areas, 30 percent contiguous open space, sidewalks on at least one side of all streets, and preservation of scenic views and natural and historic resources. Homes must be clustered on the least environmentally sensitive areas of a parcel.

A developer is required to submit a report outlining lands to be preserved, developable areas, roads and trails, and where lots are located.

None of those features are required in the coastal area district to build a cluster subdivision.

“Having greater environmentally sensitive criteria in AR-1 than the coastal zone is backward,” Burton said during council’s Oct. 20 meeting. “I’d like this to move forward and see what the public has to say.”

Councilman John Rieley of Millsboro said he was concerned about the logistics and time factor. “Can we accommodate a public hearing this would generate?” he asked. “It feels like we are jamming it in.”

Rieley questioned the need for a change. “Would this put additional burden on developers in the coastal area and add more expense?” he asked. “This would also have an impact on builders doing affordable housing. Stripping away value to landowners and acting as a disincentive to affordable housing are my main concerns.”

County Administrator Todd Lawson said the matter would be placed on a future agenda.

Where is the coastal area?

The coastal area includes areas around Lewes, Rehoboth, Dewey, Bethany Beach, Ocean View and Fenwick Island inland to Route 113 in southeastern Sussex County including the areas around Dagsboro and Selbyville.