Sussex Council canceled two development applications following the passing of Senate Bill 23.
Sussex County Assistant Attorney Vince Roberts said during a Planning and Zoning Commissioners meeting that the two applications were removed due to affordable housing provisions signed into law last week by Gov. Meyer.
Roberts said that the language of the bill encompasses more than they’d originally thought.
“One of the provisions of that is the creation of Title 29 Section 22-23; which eliminates public hearings for certain types of residential applications. Caught up in that, apparently, are major subdivisions- which would ordinarily have a public hearing in front of the Sussex County Planning and Zoning Commission.” he said.
Roberts said they now appear to be passable without public hearing- and that those two applications aren’t the only ones.
“Based upon this new legislation, that went into effect immediately- legal staff and county staff need to evaluate this because it appears that there’s no longer the requirement for a public hearing for any major subdivision in Sussex County at this point.” he said.
Ordinarily, an application would be heard by the Sussex County Planning and Zoning Commission during a public hearing. The commission would then recommend the County Council either pass or deny it and provide reasons for their recommendation.
That process was also a time where the Commission could work with an applicant to impose conditions for approval to better fit the area the project was planned for, if necessary.
Developments have long been heated topics of discussion in Sussex- the most notable in recent times being the Atlantic Fields development, which was denied after public and council opposition.
The cancellation of these hearings also comes with the temporary pause of all public hearings on major subdivisions in Sussex County, announced Council President Doug Hudson.
He says that county legal staff will use that time to consider how to proceed with the land use development process.
