Sussex County’s forest preservation ordinance sees new revisions that could relax restrictions on developers.
Sussex County continues its months long discussion to refine its forest preservation ordinance, which aims to require developers to engage in forest preservation practices if they want to build in the county.
A newly proposed amendment would introduce a “pay-in-lieu” clause, allowing developers to sidestep rules by paying a County determined fee.
Councilman Matt Lloyd says he supports the potential income.
“The reason I would be in favor of a fee-in-lieu [is because] I know how far, say, $25,000 goes in my district. You could buy two-and-a-half acres of trees in my district for that amount.” he said.
Lloyd also says the money could be used for the Sussex Land Trust, discussion around funding it without raising taxes has long been an item for council.
But Councilwoman Jane Gruenebaum disagrees.
“I want to protect the forests. I don’t want to create multiple avenues for getting out of protecting the forests- and this avenue is particularly obnoxious to me.” she said.
Gruenebaum adds purchase of land to plant trees isn't the same as conserving old growth- arguing that the land that its on is just as important as the trees themselves.
The ordinance may also see a change to its effective date.
As written, the ordinance would take effect six months after it passes, something Council President Doug Hudson says could have an unintended consequence.
"Once this takes effect, will that cause a glut of applications? And, then, how does that play into Senate Bill 23 now that Senate Bill 23 went into effect immediately?" he said.
Sussex cancelled public hearings for subdivisions earlier this year after county attorneys determined Senate Bill 23 made them unnecessary.
Hudson says he’s wary that developers would flood the County with applications, which can be approved without public hearing, in order to get construction underway ahead of new forest preservation rules.
Gruenebaum suggests having the ordinance go into effect immediately, with an exception for applications already submitted.
Councilman Steve McCarron argues its a non-issue, noting that applications take months of work ahead of time.
"You're not applying with a check and a piece of paper, " he said. "So if you said 'man this is going to have a big impact' and you walked in tomorrow... you have to have a subdivision plan. Somebodies [will have to have been] working on that subdivision plan"
And Council Vice President John Rieley says, for that reason, making it effective immediately wouldn’t be fair- arguing that passing this change could be “rug pulling” those developers.
Discussed changes will be again presented next week for potential action by council- each proposed amendment will be subject to a vote by council, followed by a decision on the entire measure.
