Sussex ordinance updates drainage, construction regs

Sussex County has sweeping new rules to reduce flooding and has updated antiquated regulations dealing with specific land-use procedures.

At its March 28 meeting, county council followed the lead of the planning and zoning commission voting unanimously in favor of an amended ordinance.

The ordinance eliminates outdated standards for construction – some adopted in the 1970s – and inserts detailed requirements for road construction, sidewalks, swales and systems to control water runoff collection.

It also creates new steps in the county's land-use process to require more specific grading plans for developments and individual lots to ensure rainwater is collected and flows away from homes and streets.

"It took a lot of compromise to get to this point," said county engineer Hans Medlarz. That compromise was hammered out during several meetings with a 25-member working group that met over the past two years.

The ordinance, which also revises bonding requirements and parking design, will apply to all new construction of major subdivisions – those with more than four lots – and residential planned communities, as well as townhouse, condominium and apartment complexes.

In addition, for the first time, approved final commercial site plans will sunset in five years. Previously, there was no deadline.

However, Medlarz said, the ordinance is not retroactive and does not solve past issues in existing developments.

Mitigating those stormwater and drainage issues may require case-by-case solutions.

One of the most substantial new regulations is that every lot within a subdivision must be graded for proper drainage. That design plan must be inspected and a building permit will not be issued until a lot-grading certificate is provided to Sussex County.

Previously, there were no regulations in county code relating to lot drainage, so water frequently drained to the last lots sold in a subdivision, leaving owners of those lots with little recourse.

The new ordinance will take effect in various stages, with some components occurring immediately and others occurring 30 days or later from adoption on March 28.

"I think it's fair to say that everyone, not just residents, have the same goal here – to make sure flooding is minimized wherever possible in our communities," said County Administrator Todd Lawson. "These new standards really elevate Sussex County's requirements."

The new rules are the result of collaboration between county staff and the Sussex Conservation District, with input from numerous participants from the general public, developers, engineers, site work contractors and home builders.

Among the new regulations:

• Lot-grading certificate required before a building permit will be issued.

• Substantial construction must be actively maintained and/or underway within five years of the date a final site plan is recorded. The phrase "actively maintained" clarifies the current code, which uses the term "substantially underway."

• All amenities must be bonded as a separate phase of a subdivision.

• Construction – such as site work – can begin without bonding as long as no lots are transferred or sold.

• Bonded phases are not be allowed to be altered or amended without a new bond in place.

• Commercial site plans are valid for 5 years.

• No new fees are proposed, and all fees will be approved by county council during the annual budget process, and not by the county engineer.

• Closeout procedures are outlined to determine when final approval can be issued by the county. Included are a timeline for top-coat paving and a way for county inspectors to address punch lists as projects are nearing completion.

See the ordinance at sussexcountyde.gov/ordinances