GEORGETOWN, Del.- Dozens of concerned people took the opportunity to voice their opinions in front of the county council Tuesday, expressing their frustrations with the approval process and concerns for safety and traffic congestion for a new apartment complex in Lewes.
The complex, called Chapel Branch, plans to bring around 80 apartments right off of Route 24 and Dorman Road- and already has the approvals it needs to begin construction.
Chapel Branch is a part of the Sussex County Rental Program- or SCRP. According to county code, developers can qualify for the Sussex County Rental Program, as long as they meet specific guidelines. Some of the guidelines include building in a town center, developing area, coastal area or commercial area, having a DART Bus Stop nearby for public transportation, and perhaps mostly importantly, allowing 25% of their units to have a reduced rent based on household income.
Developers looking to join the program must still get approval from the Sussex County Planning and Zoning Commission, as well as various state agencies such as DelDOT and the Delaware State Fire Marshal. However, the code states since it is "by right" property use, there is no need for the public hearing process.
According to county administrator Todd Lawson, "by right" means if a developer meets all the requirements of the county code and the state code related to the use of that property, then they're allowed to build whatever they see fit on that piece of property, whether it's a house or a gas station or hospital. If a developer meets the requirements of the zoning in the land use, then "by right" they are allowed to build on that piece of property.
This has become a point of contention for residents, who believe their voices are not being heard.
"If this property wasn't under this new SCRP guidelines that would have to be publicly posted, things that show what's going on to allow us to have our voice and to show it," said Michael Helwich, who is the president of the Wyndam HOA and lives right down the road from the land in question. "Every other property is like that. The SCR program was started in 2008.. In 14 years, one project I went through for the SCR program, the rest of the projects all got turned down pretty much because the public went and voiced their opinion."
The SCRP was amended with new guidelines in 2022. According to Lawson, the suggestions were made by a housing consultant, and he says the SCRP is a big need in the county to address the lack of affordable places to live.
"The county council has heard their (neighbors) concerns and understand that they feel like they've been left out of the process, but in actuality, the process took place through the ordinance and this developer has met all the requirements for this property on this location," he said.
"The ordinance created guardrails that said, 'We want this here because everything is in place and it makes sense.' So when those requirements are met, the developer gets to proceed."
Councilman Michael Vincent said during Tuesday's county council meeting that there has been plenty of opportunities for the public to speak on the change of rules... But Helwich and others argue that there was no public notification of building Chapel Branch itself- rather, only public notice of the ordinance change. Helwich said he didn't even know about the project until after it got approved.
"I know we need affordable housing, I get that... that's a need," he said. "But I've also worked my hardest to give my wife and my kids life they have right now. I think that there's a need for it, but this isn't the place for it."
There are three other properties that are looking to join the SCRP. Chapel Branch is scheduled to begin the first phase of construction this coming spring.