UPDATED: Sussex County Council Defers Solar Applications & Discuss Marijuana Businesses

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CORRECTION: Caroling on the Circle begins at 6pm Thursday in Georgetown.

UPDATED – 12/05/23 – The Sussex County Council approved proclamation requests for the Cape Henlopen High School Field Hockey Division I State Champions, Delmar High School Field Hockey Division II State Champions and the Sussex Academy High School Boys Soccer Division II State Champions – the three teams will be recognized at next week’s meeting. County Administrator Todd Lawson reminds the Council that Thursday is the Annual Caroling on the Circle at 6pm in front of the County Courthouse. The annual food drive is also continuing – attendees can bring a non-perishable food item to be placed into the pod on The Circle. The Pack the Pod campaign continues through the end of the month and ALL food donations stay in Sussex County to help those less fortunate. New this year – at 7pm the Christmas tree on The Circle will be lit and the Georgetown Christmas Parade will begin right after.

Director of Utility Planning and Design Review, John Ashman, told the Council about a Plan Review & Inspection Agreement for any Sussex County municipality without their own review and/or inspection teams for the review of construction drawings and on-site inspection. The agreement shifts the review and inspection of roadways, site grading and stormwater conveyance in proposed subdivisions within the municipal boundary to the Sussex County Engineering Department. Ashman told the Council that so far they have one agreement which was executed by the Town of Blades for the Council’s consideration, however the Town of Ellendale is also considering this agreement as well. The Council approved the agreement with the Town of Blades.

The Council also approved the preparing and posting of notices for the South Greenwood annexation into the Sussex County Unified Sanitary Sewer District. The request comes from Delaware Electric Cooperative which is looking to expand, but the facility is not contiguous to the existing boundary. A new area needs to be established – a public hearing and referendum will need to be held.

Assistant County Attorney, Vince Robertson, discussed with the Council – Delaware’s Marijuana Control Act. He told the council that while municipalities can say no to dispensing, growing and preparing marijuana within town limits – the County cannot say no. However the County can enact ordinances to regulate where marijuana establishments can and cannot be located. Robertson says that discussions with staff have suggested that the C-3 Heavy Commercial district would be the appropriate district – most located on major roadways. This would also require the application be heard by both the Planning & Zoning Commission and the County Council. Restrictions in location – near schools, colleges, treatment centers – and hours of operation can be included. Cultivation would remain in AR-1 districts, but because preparation and packaging are included and would require a conditional use for marijuana cultivation. Robertson says their next step is to craft an ordinance to bring back to the council for review. Councilwoman Cindy Green suggested that the distances involved should be the same to make the ordinance more uniform.

While the legislation was approved earlier this year, no licenses will be secured until September of 2024. Robertson says they want to get ahead this with the County’s Zoning Code before licenses are being considered.

The Council had multiple pieces of Old Business to revisit. The Council looked at Ordinance No. 20-06 to amend the future land use map of the comprehensive plan in relation to a parcel of land in the Seaford area. The Council voted to deny the ordinance which led to Change of Zone No 1910 and Conditional Use No. 2212 which related to Ordinance 20-06 also being denied. Another trio of ordinances – No 22-08 was denied by the Council, followed by Change of Zone No. 1959 and Conditional Use No 2320. The Council did approve a Change of Zone No 1979 and Conditional Use No 2359 with additional conditions added by Councilman Mark Schaeffer, which would allow 102 multi-family units in the area of Kings Highway and Gills Neck Road near Lewes. Several of Schaeffer’s amended conditions were cosmetic, however one dealt with inter-connectivity between developments and an effort to decrease the local roads being used as short cuts.

During Council Comment at the end of the morning session, Council President Mike Vincent asked the County Attorneys, County Administrator and other staff to possibly look into restrictions for solar arrays. Councilman John Rieley added that while they’re currently in AR-1 zoning there is nothing being grown – and that they are more industrial. The Council had seven conditional use application public hearings in the afternoon session to consider – all of them for solar arrays along the Route 13 corridor, Harbeson and Lewes. All seven of the applications for solar arrays were deferred by the Council.

The Council did approve amending Ordinance No. 2787 to authorize the issuance of up to $5,187,000 general obligation bonds of Sussex County. This would be to cover the increased costs of the construction and equipping of an extension of the sanitary sewer services to Lochwood – and authorizing all necessary actions in connection. That includes approving a USDA loan resolution for the Lochwood area.

The County Council will meet for the final time this year next Tuesday, December 12 at 10am at the County Administration offices on The Circle in Georgetown.

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ORIGINAL STORY – 12/04/23 – After a two week break, the Sussex County Council will meet on Tuesday and spread some holiday cheer with proclamations to the Cape Henlopen High School Field Hockey Division 1 State Champions, Delmar High School Field Hockey Division II State Champions and the Sussex Academy High School Boys Soccer Division II State Champions.

Assistant County Attorney Vince Robertson will make a presentation with discussion related to the Delaware Marijuana Control Act.

The Council will also revisit multiple pieces of old business relating to apartments near Seaford, multi-family dwellings east of Georgetown and multi-family dwellings near Lewes.

The afternoon session includes a public hearing on authorizing General Obligation Bonds for increased costs of sewer services to Lochwood. There are six Conditional Use applications for solar arrays – four along the Route 13 corridor, 1 in Harbeson and 1 one west of Lewes.

The Sussex County Council meeting begins at 10am Tuesday in the County Administration Offices on The Circle in Georgetown.

CLICK HERE FOR THE COUNTY COUNCIL AGENDA