The Chapel Branch Apartments project has received preliminary approval of its site plan for 84 units on a 7.4-acre parcel at the corner of Route 24 and Dorman Road between Long Neck and Lewes.

At its June 5 meeting, the Sussex County Planning & Zoning Commission unanimously approved the plan. The developer, Volker Development Inc. of Fond du Lac, Wis., must now submit a final site plan to be reviewed by planning & zoning staff.

The project, which is taking part in the Sussex County rental program, will be constructed in two phases, with 42 units in each phase. Of the total number of units, 28 will fall under the county’s affordable rental ordinance.

Two buildings and a clubhouse will be built in the first phase, and two more buildings in the second phase. The apartments will comprise 48 two-bedroom units and 36 three-bedroom units.

The rental program

Because the project is participating in the county’s rental program, the ordinance allows developers to build by right (without a public hearing) as long as criteria are met to provide affordable rental units.

County officials amended an existing ordinance in October 2022 to remove a public hearing from the process as an incentive to attract developers to build more affordable rentals, which must be at least 33% of the total units.

Projects must still be reviewed by state agencies and have a site plan approved by the Sussex County Planning & Zoning Commission.

About the plan

The plan includes a 100-foot setback around the perimeter of the property that may contain a forested buffer, and walking and bike trails. A sidewalk or shared-use path is required along the property’s frontage on Dorman Road.

The plan also includes a bus stop at the intersection of Route 24 and Dorman Road.

The property is located in the county's coastal growth area where high-density housing is permitted. The apartments' density will be 11.3 units per acre – 12 units per acre is the limit set by the county. The property is also within the Henlopen Transportation Improvement District, and the developer will be required to provide funding for road improvement projects in the district.

About the program

The rental program ordinance permits projects in coastal, commercial, town-center and developing areas.

Regulations include open space of 50%; connection to central water and sewer service; interconnectivity to any adjacent commercially zoned properties; sidewalks on at least one side of all streets, with connectivity to surrounding sidewalks; and interconnectivity to walking and biking trails. Projects must also include a streamlined administrative process of approving tenants and monitoring compliance with the program, while clarifying penalties for noncompliance.

Rent is based on 80% of area median income. In Sussex County, that’s a household income of $84,000 for a family of four. Rent for apartments will be, on average, less than half the market rate.

All screening, rental agreements and background checks are handled by the project’s property management.