GEORGETOWN, Del. — Sussex County has pulled two major subdivision applications from this week's Planning & Zoning Commission agenda after Delaware's newly enacted housing law raised questions about whether the projects can now be approved without public hearings.
County officials announced Tuesday that public hearings scheduled for Wednesday on two cluster subdivision proposals — Windy Acres near Millsboro and Shadowridge near Harbeson — will not move forward while the county determines how to comply with Senate Bill 23, which Gov. Matt Meyer signed into law earlier this week.
The county says the legislation changes Delaware's land use approval process for certain residential developments by allowing some projects to be approved by right, eliminating the need for public hearings and public testimony in some cases. Supporters say the law is intended to speed up housing construction and increase the state's housing supply.
County Council President Douglas B. Hudson said the new law creates significant uncertainty for local governments.
"This year's General Assembly session has brought about serious, fundamental concerns about the nature of government and local authority here in Delaware," Hudson said. "With the implementation of SB23, the State has ripped away the public hearing process for certain types of residential applications, including major subdivisions, not just affordable housing developments. There are numerous questions about how we, and all local governments, are to proceed when it comes to the land use development process."
Hudson said the county believes delaying hearings is the best course of action while staff and attorneys determine how the approval process should move forward.
"With that in mind, we believe the prudent thing to do is to pause public hearings for major subdivision applications, so that County staff and our legal team can develop a new process that is in compliance with State law," Hudson said.
County Council is expected to discuss the issue and consider any necessary ordinance changes at a future meeting.
The two subdivision proposals removed from the July 15 Planning & Zoning Commission agenda are:
Windy Acres DP — A proposed cluster subdivision that would divide about 64.1 acres into 64 single-family home lots. The property is located on the south side of Godwin School Road, just east of Hardscrabble Road near Millsboro.Â
Shadowridge DP — A proposed cluster subdivision that would divide about 35 acres into 70 single-family home lots. The project is planned on land along both sides of Soens Lane and the west side of Beaver Dam Road near Harbeson.Â
It remains unclear when the applications will return to the Planning & Zoning Commission or what approval process they will follow under the new state law.
