Sussex County Council opened its meeting this week with a discussion of the recently passed Senate Bill 23.
The conversation focused on analyzing the effects of the new Housing for Every Delawarean Act on land use public hearings held by County Council.
Public analysis of recently enacted state legislation by County Council is rare, but County Administrator Todd Lawson says the impacts of this law are far reaching.
“This bill, and now the law, directly affects all three counties and several cities and towns throughout the state. So we felt it was necessary to have this presentation to explain the ramifications of the new law and discuss our future steps. And really, we’ve already seen the effects of the bill going back two weeks when it was signed into law and the County was forced to pull pending residential applications from the Planning and Zoning Commission's July 15th agenda.” he said.
County leaders say the law appears to completely remove the need for public hearings on land use applications for subdivisions of any type in the county, including larger ones that often face public opposition during Council hearings.
He adds the bill will also affect requirements for the County’s next comprehensive plan, requiring them to add things they didn’t need before. Sussex County got a headstart on developing its next comprehensive plan earlier this year to work on implementing recommendations from its Land Use Working Group.
County Administrator Todd Lawson is openly critical of the new law.
“This bill was framed as a housing bill and a tool to develop more affordable housing throughout the state. It is not. This bill is a trojan horse, to use the metaphor. Because, everyone believed it’s a solution to affordable housing. But once you look closer at the legislation, it did so much more to the land use process as we know it today and will likely not generate one single affordable house as a result.” he said.
Sussex's Assistant Attorney Vince Robertson also has issues with the bill. Sussex will be required to change their process for land use decision- but Robertson is unsure how.
"What's the basis for a decision if there's no public hearing and, therefore, no record? I don't know how, without a clear record, a decision is defensible by the county, or... a developer, or whomever" he said.
Robertson also posed several other considerations to Council, including who actually makes land use application approval decisions.
"The bills not clear on that. It says that Planning and Zoning can have a public meeting, but it doesn't say that Planning and Zoning makes 'the decision' -whatever that might be- and I'm not sure what decision they have the authority to make anymore" he said.
County code also currently requires that adjacent property owners to a pending subdivision be notified of upcoming public meetings- questions still loom on if that code still applies.
The changes bring questions on whether continuing to have meetings on upcoming subdivisions is worth doing for the county.
Councilman Steve McCarron says he's not sure he sees the point now.
"To have a meeting that you can't express your frustration or input- that treats our staff in an unfair manner" he said.
For now, Sussex County’s pause on subdivision public hearings continues.
