Message from SARG to the Public - 7/26/2020

Hi Folks,

On this coming Tuesday, July 28, 2020 the Sussex County Council will consider the Sussex County / DelDOT Memorandum of Understanding -MOU on Land Use Coordination which aims to improve planning for the increased traffic that accompanies new development. After months of study and discussion, the critical finding is that for the past thirty-two years the existing MOU and County development policies have failed to ensure that the infrastructure necessary to support development is in place concurrent with the impact of the development.

The Sussex Alliance for Growth or SARG has reviewed the latest County revision and has prepared several recommendations to improve the effectiveness of the MOU.

You can review the latest County revision and the SARG recommendations by opening the (2) attachments. The first is the latest County revision of the MOU titled Sussex County MOU- July 2020 Revision and the second attachment is titled SARG- Sussex County – DelDOT July 2020 MOU Recommendations 7-15-2020

Below is a quick summary of the SARG recommendations;

Accountability: Throughout this draft there are many generic references to Sussex County making decisions but never clarifying who makes those decisions. Planning Director, Planning & Zoning, County Council? The responsible party needs to be identified throughout the document.

Level of Service Standards: Section 8a must include a requirement that all roads be maintained at a minimum LOS of D in Growth Areas and Level of Service C in all other areas as designated in the Comprehensive Plan.

Undue Burden on Landowner/Developer: Section 8a Bullets 1 & 2. The draft MOU says that if the LOS is currently E or F, a developer will be permitted to build as long as they maintain a failing level of service. Sussex County cannot consider an “undue burden" on a property owner looking to develop a property to be a higher priority than the undue burden on the public interest. The County, in consultation with DelDOT, must develop a set of objective standards, criteria and a clear public process for determining what constitutes an undue burden and apply it, objectively and transparently.

Other Relevant Factors: Section 8a Bullets 1 & 2. The term “Other relevant factors” is totally subjective and open ended, without any objective standards, criteria or process for determining what constitutes other relevant factors and is not necessary.

Level of Service Below D: Section 8b. This statement would seem to indicate that any project proposed on a road with a failing level of service do nothing more than maintain a failing level of service.

Finding of Sufficient Reason to Approve Reduced Level of Service: Section 8c, Bullet 2. It allows Sussex County to approve any application at any level of service as long as someone from Sussex County puts the reasons in writing. Who in Sussex County, the Council, the Planning Commission, the Planning Director, the County Administrator, gets to make this determination? The criteria and process used for making a determination must be clearly defined and transparent and objectively applied in all cases.

Rezonings (Without Site Plans Or Conditions Of Approval): Page 8, Line 252. Simplicity is the best approach. In the case where a rezoning is proposed without a specified use, the County should require a TIS based on the maximum build out of the most impactful use.

Embrace the MOU But in The Long Term the County Must Consider Adopting an Ordinance Rather Than An MOU. If Sussex County is serious about reducing traffic congestion, resetting its relationship with DelDOT and reforming its development process, LOS must be formalized beyond a MOU. It requires more than just an “understanding,” it must be an ordinance that grants the Planning Commission and County Council the authority necessary to fully enforce the land use codes.

We strongly encourage you to review the latest County and the SARG recommendations and share your feedback to your County Councilman or other Sussex County staff today and urge him to incorporate the SARG recommendations into the new MOU".

"Here's the list of the 5 Councilmen and County Staff to share your concerns;

• mvincent@sussexcountyde.gov - President of Sussex County Council-Michael Vincent

• igburton@sussexcountyde.gov - Vice President of Sussex County Council-Ig Burton

• swilson@sussexcountyde.gov - Councilman -Sam Wilson

• Doug.hudson@sussexcountyde.gov - Councilman-Doug Hudson

• jlrieley@sussexcountyde.gov - Councilman-John Rieley

• rgriffith@sussexcountyde.gov - Robin Griffith (County Clerk)

• tlawson@sussexcountyde.gov – Executive County Administrator -Todd F. Lawson

• jamie.whitehouse@sussexcountyde.gov – Director of Planning-Jamie Whitehouse