Cluster Subdivision/Ordinance

Cluster Subdivision and the Ordinance - in Summary

Sussex County implemented the Cluster Ordinance in early 2000's that allowed developers in the AR-1 zone to cluster houses in small lots (7,500 sqft instead of 20,000 sqft) when using central sewer and water facilities. In exchange for the reduced overall infrastructure cost for the development, the developers were encouraged to preserve more wetlands and mature trees, as well as keeping 9% of the whole parcel in one contiguous open space.

However, no one followed the 'Superior Design' recommendation while taking advantage of building in clustered lots.

In 2019, the County amended the ordinance to mandate the Superior Design standards in the AR-1 zone, but excluded Coastal Area from this amendment - because they could not secure 3 Council votes to adopt this at the time, if Coastal Area were to be included.

In Oct 2020, the Council decided to revisit this and had a public hearing at P&Z in November, but a technical glitch made it nullified.

Current Status - Approved by Sussex Council on Feb. 2, 2021:

As outlined in the 'Change History' page, the Cluster Ordinance in discussion in Nov. 2020 was to mandate 'superior design' in the Coastal Area as it is already mandated in the AR-1 zone in non-Coastal Area. After some technical snafu (hearing notice was published only 14 days prior to the public hearing vs. 15 days as required), it had to be re-introduced in Dec. 2020 and the whole process had to start all over again.

• Clustering homes in environmentally suitable portions of the tract by limiting homes on wetlands, mature woodlands, near waterways

• 30% of open space is to be contiguous - 70% of open space can still be non-contiguous

• Wider setback and better stormwater management

The public hearing at the P&Z was on Thurs. Jan. 7th @ 5 pm. P&Z deferred its recommendation till its next meeting on Jan. 21, 3 pm @ DelTech.

P&Z made a recommendation to approve this ordinance on 1/21/2021.

Sussex Council approved it on 2/2/2021.