Sussex County has a unique way of calculating residential density, and it helps explain why development seems so out of control.
Here is an example. 12 x 6.4 = 128. The 12 is 12 dwelling units (DUs) per acre, 6.4 is the number of acres and 128 is the number of dwelling units the county will allow on the 6.4 acres, using “Developer’s Math.” This is the math used to calculate the density that will be permitted in the proposed Chappell Farms development at Cave Neck Road and Route 1.
Here is how it works. The entire parcel is 14.9 acres. The developer wants to rezone 6.4 acres to MR zoning that allows up to eight dwellings units (DUs) per acre. They then want a conditional use for that 6.4 acres that would allow up to 12 dwellings per acre. The balance of 8.5 acres they want to rezone to C-3 commercial use. So far, so good, but here is where the magic happens.
The density calculation for MR is based on dwelling units; the permitted number of DUs on 6.4 acres under MR zoning would be a maximum of 52 and for MR with a conditional use it would be a maximum of 77 DUs. The developer proposes 128 dwelling units on this 6.4-acre parcel, a density of 20 dwelling units per acre, a level plainly not within the permitted density. Except the county allows the developer to add the 8.5 acres of C-3 commercially zoned land to calculate the DUs on the MR residential zoning even though it has a different zoning, different use, different density calculation and will have commercial buildings on it. Hypothetically then, taking this to an extreme, if you have 100 acres of AR-1 land, you could apply to rezone 10 acres to MR (eight DUs per acre), apply for a conditional use (12 DUs per acre), then use the entire 100 acres to calculate density and arrive at 1,200 DUs on 10 acres, 12 x 10 = 1,200, simple math! At the public hearing on this application, when questioned, the developer’s attorney said “it was legal, the code permits it.” The county was silent.
Many dispute that interpretation of the county code, but if you assume, just for a second, that it is accurate, that doesn’t make it right. Can any council member point to another example where this calculation has been used? But this interpretation is consistent with the county’s long-held policy of allowing anything to be built anywhere at any time and to the highest density possible. This in the county with such an embarrassingly large transfer tax surplus from development they can’t find places to spend it. In the county that provides the least amount of services to its residents of any in the state.
This is wrong and must stop. Sussex County Council must make it clear that this type of development three-card monte is not the policy of the county, is not acceptable and immediately take the steps necessary to correct it. No such application should be considered until this is fixed. Whether it is an interpretation by the county attorney or preferably a code amendment that clarifies exactly how density will be determined, the county must make it right. This isn’t just an issue in one council district; this sleight-of-hand math can be used in any district. Contact your council representative and tell them to fix this practice immediately. Who knows how many projects are lining up to take advantage of this fuzzy math.
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