Sussex approves site plans but fails to ensure compliance

The Cape Gazette recently reported on a community where 80 homes are started or built, but the development does not comply with the approved site plan: Required sidewalks have not been constructed.

This got the attention of county planning and zoning commissioners, who noted Sussex has no sidewalk ordinance, suggesting council enact one. That might be a good idea, but it appears to overlook a critical question: Who verifies that subdivisions are built according to the approved plan?

The sidewalk problem came to light because the developer asked the commission to reconsider requiring sidewalks.

But how did dozens of homes get built without them?

These sidewalks are a window on a widespread problem. Developers pay professional engineers to design communities, and the county employs professional engineers to review the plans to ensure they meet county standards. Developers must also submit stormwater plans to Sussex Conservation District to verify the stormwater system is adequate.

But what good does any of that do in the absence of frequent inspection to verify that what is built conforms to the submitted plans? Why employ people to review plans and hold hearings so the public can comment on what is planned if in the end no one verifies that the developer actually builds to the approved plan?

Developments are going up across the Cape Region. The Cape Gazette receives frequent complaints about drainage systems that don’t work, amenities not built, and roads not properly paved – problems that could be and should be detected if the developments were properly inspected to verify compliance.

Sussex County Council recently revised its ordinance on developer bonds, but that’s no help for problems in numerous developments where the bonds have already been returned to the developer and work has yet to be done.

The subdivision process should require scheduling inspections when building permits are issued. Preliminary sidewalk construction must keep pace as new homes are built.

A subdivision process with no teeth is worse than pointless. If the county is going to approve plans, it also has to ensure that what is approved is what is built.