Publishing error forces new cluster ordinance hearings

A more than three-hour public hearing at the Nov. 12 Sussex County Planning and Zoning Commission meeting on a proposed subdivision cluster ordinance amendment was for naught.

Due to a publishing error beyond the county's control, a legal notice for the hearing fell one day short of the 15-day state-mandated requirement for public notices, said Chip Guy, county communications director. “To avoid any legal entanglements, we have opted to cancel the planned county council public hearing in December, and the concurrent consideration by the planning and zoning commission,” he said.

A new draft of the ordinance will be introduced during a December county council meeting, with hearings scheduled before planning and zoning and county council in early 2021.

In all likelihood, the hearings will take place in the William A. Carter Partnership Center at Delaware Technical Community College. Council members and planning and zoning commissioners will schedule some public hearings in 2021 at the venue to allow for larger public attendance.

AR-1, coastal area have different standards

Regulations for cluster subdivisions differ in AR-1 zoning districts and AR-1 land in the coastal-area district. Superior-design standards required in AR-1 districts are not required in the coastal area even if the land is zoned AR-1.

Sussex County Council introduced the amended ordinance to gain public input on making the standards the same throughout the county.

On land served by central sewer service, developers can build on 7,500-square-foot lots using the cluster option instead of 20,000-square-foot lots for standard subdivisions 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 only provide an environmental assessment and public facility evaluation report.

However, in all other AR-1 districts, superior-design requirements include buffers from wetlands, tidal water, farm areas and adjacent residential areas, as well as 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.

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

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