Memorandum of Understanding (MOU)

The memorandum of understanding between DelDOT and Sussex County officials would expands to include all county land-use applications. The past agreement, dating back to 1988, applied only to rezoning applications. The new agreement includes rezoning, subdivision, residential-planned-community and conditional-use applications, and county officials say gives them more say in road improvements tied to land-use applications.

DelDOT officials would provide a preliminary traffic analysis for land-use applications to determine whether traffic impact would be diminutive, negligible, minor or major. That finding would trigger three possible actions – a traffic-impact study, traffic-operational analysis or a fee charged to developers in lieu of a study.

Phasing of construction is also a component. Phasing of a project could include delaying all or some development until specific highway improvements are made by DelDOT or developers.

Among other provisions, county officials – including the county administrator, planning and zoning director and attorneys – would participate in negotiations between developers and DelDOT officials on roadway improvements. DelDOT would be required to notify county officials of any alterations made to the plans.