Sussex County Council Approves Perimeter Buffer Ordinance
UPDATED – 08/27/24 – Sussex County Council revisited the Perimeter Buffers Around Residential Development ordinance in Old Business. Assistant County Attorney, Vince Robertson went through 27 separate motions for changes to the the introduced ordinance. Several motions just tweaked wording, however other amendments included a new definitions of “Forest Assessment Report” and to better define the purpose of the Perimeter Buffer.
The recommended changes came from several sources – including Planning and Zoning, Center for the Inland Bays, Sussex Preservation Coalition as well as feedback from the public. Among other things, the ordinance promotes the use of natural woodlands as buffers, when possible, as opposed to allowing developers to clear cut existing trees and plant saplings in their place; sets rules for when any new trees must be planted; establishes better coordination of the timing of home building versus buffer construction; and steps up County inspections to buffer areas to ensure compliance.
The Perimeter Buffer Ordinance was passed with a unanimous vote by the County Council and will take effect in six months – in February of 2025.
The Sussex County Council held five public hearings during the second half of Tuesday’s meeting. There were three Conditional Use applications and two Change of Zone. All were approved by the Council.
Additional information from the Sussex County Government release:
County officials said the ordinance came about after constituents voiced concerns in recent years about development and its effects on Sussex County’s natural resources, wanting to ensure the County had the appropriate protections in place to preserve the qualities that make southern Delaware special.
County staff, at the direction of elected officials, drafted the ordinance to try to strike a balance that would not inhibit, but enhance development while better protecting existing natural features. To give developers flexibility while recognizing public concerns, the ordinance encourages the use of existing woodlands for new buffers, but establishes a two-for-one mitigation requirement in those instances when older, established trees have to be removed. The ordinance also sets penalties of $10,000 per quarter acre of disturbed area for clear-cutting trees in a designated buffer, a practice that, up until now, had been permitted under County code. The code also will now require that buffering be addressed at the onset of a project, as opposed to the end, so as to ensure trees, both established and newly planted, have had adequate time to reach viability
and not suffer any adverse effects from adjacent construction.
“That effectively flips the sequence, so buffers are being preserved or installed first, before any housing is constructed,” Mr. Lawson said. “That’s a pretty big step forward in our land use policy and thinking, one that we believe addresses a frequent concern we’ve heard over the years from residents.”
County Council President Michael H. Vincent said the ordinance is the product of the public voicing its concerns, and elected and appointed officials responding in a way that offers enhanced protections while still allowing for the county to grow in a sensible manner.
“Growth is inevitable, but how we manage it – and what we leave for future generations – says something about us as a community. It really is our legacy,” Mr. Vincent said. “This ordinance addresses some long-held building practices that might have worked in another time, but are less desirable in today’s environment. I think it’s a compromise that hopefully will make everyone happy, and certainly one that makes for a better Sussex County, today, tomorrow, and beyond.”
County Administrator Todd Lawson reminded the Council that the County offices will be closed on Labor Day, September 2nd and there will be no Council meeting on September 3rd or 10th. The Council will return on September 17th.
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ORIGINAL STORY – 08/26/24 – The Sussex County Council meets Tuesday afternoon – beginning at 12:30pm. In Old Business the Council will revisit the buffer ordinance regarding perimeter buffers around residential development. There are five public hearings beginning at 1:30 – three conditional use applications and two change of zone applications.
The Council will meet Tuesday at 12:30pm at the County Administration building on The Circle in Georgetown.
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