HOW ZONING CHANGE & CONDITIONAL USES are HANDLED-from the office of planning and zoning.

o   Applicant or agent meets informally with Planning & Zoning (P & Z) Dept staff.

o   Data request is sent to DelDOT for a Traffic Summary Report (a.k.a. Service Level Evaluation.)

o   DelDOT reviews data & responds within approximately 30 days.

o   If response is positive, the applicant may proceed with preparation of an application.

o   If DelDOT recommends a traffic impact study, the applicant must contact DelDOT to establish data needed to satisfy DelDOT. [However the applicant has the study done.]

§ If DelDOT is satisfied with the data collected, a revised response will be forwarded to the P & Z Department.

o   The applicant files an application form & support documents (surveys, site plans, deed, etc).

o   An Ordinance is prepared by the P & Z Department for introduction by the Sussex County Council (SCC).        

o   Once introduced & a scheduling date is available,

o   Public notices for public hearings before the P & Z Commission and the SCC are advertised in 2 local newspapers for at least 20 working days prior to a scheduled public hearing with the P & Z Commission.

o   Copies of the public notices are sent to property owners within 200 feet of the sites, the local School District, the Fire Companies, & Municipalities within 1 mile of the sites.

o   The site is also posted with a public notice sign.

o   Copies of the public notices, a site location data sheet, & a site location map are sent to DelDOT, DNREC, the Office of State Planning Coordination, the Bureau of Archaeology & Historic Preservation, the Sussex Conservation District; the Department of Agriculture; the County Engineering Department, & the Commission.

TWO PUBLIC HEARINGS

FIRST:  The P & Z Commission holds a public hearing.

o   The P & Z Commission may recommend approval, denial or deferral of an application. The Commission has 45 days to make a recommendation to the Council on an application. All decisions are advertised in a local newspaper.

SECOND: Council holds a public hearing, typically 2 1/2 weeks later

o   The Council holds their public hearing with or without a recommendation from the Commission.

§ The Council cannot make a decision on an application unless the Commission has made a recommendation or 45 days have passed.

o   The Council has several options when rendering their decisions.

§ If the Council approves a rezoning, [C/Z]

·         Stipulations (conditions) cannot be placed on the rezoning except for a change of zone for a Residential Planned Community application [RPC].

§ If the Council approves a Conditional Use application, [C/U]

·         Then stipulations (conditions) can be placed on the project.

§ The Council may deny an application.

§ The Council may also defer action on an application for further consideration.

·         There is no time limit mandated for the Council to act on an application.

§ If a change of zone is approved, the approval runs with the land. [Not that land’s owner]

§ If a Conditional Use is approved,

·         The use shall be substantially underway within one three year(s), or the applicant may request up to 2 time extensions of one year each.

·         A Conditional Use can be revoked if the applicant does not maintain compliance with the Conditions of Approval required by Council.

o   All decisions are advertised in a local newspaper.

o   An applicant or opposition may file an appeal of the SCC decision with the DE Court of Chancery.

NOTES:

·         The process currently takes approximately 16 to 20 months due to the number of applications pending (Change of Zoning, Conditional Use, & Subdivisions).

·         Typically five public hearings are held per meeting (twice per month).

·         The county reviews the applications in queue & if the county finds something controversial they schedule fewer applications for public hearing for the meeting being scheduled.

·         The Council, on occasion, has expedited applications, i.e. State projects, schools, fire companies, public utilities, etc.

·         Certain applications require review through the Office of State Planning Coordination (OSPC) for PLUS (Preliminary Land Use Service) based on a MOU with the OSPC.*

Ref:  lbl- 02-01-2007 lbl- 11-07-2008 lbl- 01-09-2009

http://stateplanning.DE.gov/plus/mou/sussex_co_mou_final_signed.pdf  this is the link to the DE Office of Planning Coordination

Which applications must be reviewed by PLUS?

1. Any RPC

2. Major residential subdivisions containing more than 50 dwelling units, as defined in Title 29, Section 9203.

3. Any non-residential subdivision or site plan involving the expansion of an existing structure by 25 % with a total floor area exceeding 75,000 sq ‘ or new construction involving structures or buildings with a total floor area exceeding 75,000 sq ‘.

4. Any rezoning within the Environmentally Sensitive Development District ~identified in Sussex County's Comprehensive Plan Update adopted Dec. 10, 2002, that would increase intensity or residential density.

5. Applications for rezoning that are inconsistent with the Sussex County Comprehensive Plan Update adopted December 10, 2002.

6. Any local land use regulation, ordinance or requirement referred to the Office of State Planning Coordination by Sussex County for the purpose of providing the County with advisory comments. These include the modifications to the County's zoning and subdivision ordinances that implement the Comprehensive Plan.

7. Any amendment, modification or update to the Sussex County Comprehensive Plan, as required by Title 9 of the DE Code. In special circumstances, the Office of State Planning Coordination may waive the pre-application.