ORD 26-03 Subdivision Design Criteria for all Subdivisions: Chapter 99-9(C) PRELIMINARY PLAT APPROVAL and STREET LAYOUT and Chapter
115 HEIGHT, AREA AND BULK REQUIREMENTS.  Read full text
 

This ordinance has been drafted to improve Section 99-9C in the Code of Sussex County as recommended by the Land Use Reform Working Group. SPC recommends that the ordinance be revised as described below.

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SPC's Position On Amendment

 

1. The phrases “shall demonstrate” and “criteria are satisfied,” should be used in the revised language to state clearly that the items discussed under 99-9c are mandatory, not optional.
 

2. Language in the ordinance should specify objective, predictable, and measurable criteria to guide decision-making and improve fairness for applicants, provide greater predictability for residents, and ensure that approvals are aligned with adopted policies. The language in the ordinance should eliminate terms such as “minimization,” “preservation,” and “effect on area property values” to support
consistent interpretation and application.

3. Specifically and to ensure enforceability, the wording in Provision (18) for approval of a preliminary site plan design must delete the word “should” and replace with the word “shall” or “must”.
 

4. Each of the eighteen provisions should reference the applicable Chapter / Article / Section for County Code requirements as well as relevant guidance materials.

 

5. Provision (1) for approval of a preliminary plat - “That the proposed subdivision is integrated into existing terrain and surrounding landscape.” should contain reference to Comprehensive Plan Growth and Rural Area designations.
 

6. SPC proposes adoption of an Adequate Facilities Review to provide assurances that the area shall be served by adequate existing or planned infrastructure. New, additional or upgrades of existing public facilities should include schools, emergency services, and transportation that are necessary to prevent a development
from exceeding the existing carrying capacity. Important planned infrastructure improvements shall be completed by the time the proposed project is completed which is accomplished through phasing synchronized approval of building permits.

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Important Dates:
 

The P&Z Public Hearing took place on April 1, 2026. Listen to meeting audio recording
The Council Public Hearing is scheduled for May 19, 2026 in the Council Chambers, Sussex County Administrative Office, 2 The Circle,
Georgetown.

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