Sussex County Zoning: Council Prepares New Rules for Subdivisions
State laws require changes to public hearings and application reviews, with a new ordinance expected by year's end.
By Kevin Iyer ·
Sussex County Council is updating its procedures to align with new state statutes governing land development. The changes stem from House Bill 450 and Senate Bill 23, which alter how the county processes applications for new subdivisions. The most visible change eliminates the requirement for a public hearing for these projects, provided they meet existing zoning standards.
The state laws also impact the county’s comprehensive plan. County Administrator Todd Lawson stated that the county must develop new application procedures to comply with state rules. A major focus of this work is handling public input. Under the new rules, oral public comment is no longer required for subdivisions. Instead, the county must establish a method for receiving written comments, determining their submission deadlines, and analyzing how they influence the planning commission's review.
Residents have previously criticized how the county categorizes written feedback. Public comments have noted that the county often labeled written opposition as neutral, even when the comments clearly opposed a specific application. The new procedure aims to clarify how this input is processed and weighed.
These statutory changes apply specifically to county-owned land. They do not automatically mandate the same process for city-owned properties. However, municipalities in Sussex County often coordinate with the county to adopt similar rules. Assistant County Attorney Vince Robertson noted that the new laws are likely to increase collaboration between the county and local towns. He explained that while towns may be at different stages of their ten-year comprehensive plan cycles, they are all currently addressing the requirements of SB 23 and HB 450.
The council is also considering additional requirements for future subdivisions as part of this update. These potential additions fall under Chapter 99, Objective Standards, of the county code. Proposed standards include pedestrian connectivity, a memorandum of understanding with the Delaware Department of Transportation, and standardized construction times. The list also includes requirements for school bus stops with pull-offs and nine other specific criteria that could become part of the county code.
The county expects to present the ordinance for these necessary changes to the Council for a vote by the end of the year. This timeline allows the county to finalize the new application procedures before the next cycle of development requests.
