Livable Delaware, The Zoning Process and Cost to develop land for homes in Sussex County Delaware.

WARNING :
If you live in a Livable Delaware Zone 3 or 4, your land value has been affected drastically by the Governor's newest directives with "roadblocks" for development and new home construction in special "environmentally sensitive zones" as per the latest realignment of development districts on the state map.

Those who are unaware of the latest special zoning may be inadvertently following the Sussex County land use plan and attempting to bring a well planned community into the County, only to find out after 18 months and thousands of out of pocket dollars spent, that they are being denied by the Governor's PLUS review and special zoning. Please contact your local County Councilman, your state Representative and Senator for further information on this latest "roadblock" to progress. (This was sent to me after I requested a review of this page by another person who is very active in trying to achieve more affordable housing and a better environment here in Sussex County; Sandra Ware; Realtor and President of The Positive Growth Alliance www.PositiveGrowthAlliance.org .)

MY, PRE-Article-Notes: (Article follows in black...)
It has become recently, notably important, perhaps imperative, that in order to get land approved for a housing Sub-Division it MUST be aligned with the Governors Livable Delaware Directives! To be approved a project must be in zone 1, or perhaps zone 2 or maybe in some special cases in zone 3 but not in zone 4 and not ever in a red striped area which is deemed; Environmentally Sensitive and ONLY For the Critters even though such areas may already be well developed and this areas may already include small towns, villages and numerous developments! The Governor says NO MORE!

Most Realtors are not cognizant of the ultimate importance of land being IN Livable Delaware zone one or zone two, or else! Subsequently, there is land listed for sale as "development potential" by many sellers and their agents, at fantastic prices of $100,000 to $500,000 per acre. Most of that land is worth perhaps 10% of the listed price or less because it is in the Governor Minner Do NOT LIVE IN LIVABLE DELAWARE Zone 3 or 4. To clarify; the requirements of Zone 1 and 2 will most likely allow new homes for people to live in and zone 3 and 4 will not allow new homes, under current approval guidelines as demonstrated recently! Even in zone one and two however, millions of dollars are spent to prepare lands for developments, before you see any changes on the land to get it ready to build homes.

Sussex County Delaware is one of the most desirable places in America to live as demonstrated by the number of people who want to buy here and are buying here and have been buying here over the last several decades. As Baby Boomers get closer to retirement a huge percentage of those millions want to have a new home in Sussex County as near to the beach as they can afford.

CLICK: Here is a map showing the Livable Delaware zones it comes up in pdf format. Bright Orange is zone 1, lighter Orange is 2 and yellow 3 which has only a distant possibility for development. White zones are NOT being approved. Recently millions and millions of dollars were spent by three different developers on three different developments which were all designed Well Beyond the requirements for a development - BUT - these three fabulous, beautiful, functional and in all ways great communities, although to be built far, far, better than required with far more open space, affordable housing, green space, protected wild-lands and more were turned down. They were turned down because they were not in Livable Delaware zone one or two. (written by Jody October 20 2005).

One would believe, given the content of most local newspaper coverage and letters to the editor, that the process of developing land in Sussex County is not only quick and easy but is also ill considered by officials and poorly regulated by governing agencies.

In fact, quite the reverse is true. The process is heavy with information required at every stage of the process from zoning to final approval and review upon review by regulating agencies, so much so that a given project will take as much as three years or more to move from a contract to purchase the land to the ability to put a shovel in the ground and begin construction.

Naturally, the process, timing and cost of a given development depends on many factors such as size, complexity, location, whether or not wetlands disturbance is required, whether or not cultural resource studies are needed and other environmental resource studies that might be required.

Let’s have a look at the actual process, timing and costs involved in purchasing, rezoning and gaining the necessary approvals to develop a community and build and occupy a home in Sussex County. Keep in mind that the costs indicated are out-of-house costs and do not include in-house salaries, operating costs or transfer or other taxes.

We will base this snap shot on a 100 acre, 200 single family detached lot, Residential Planned Community somewhere around the Bethany Beach area. Our “Example Community” will involve minor filling of non-tidal wetlands for road crossings over existing farm ditches. In addition, two old homes sites that may have historic value exist within the boundary of the property, a common occurrence in Sussex County.

To all appearances, therefore, this should be a fast, easy and inexpensive Residential Planned Community to get approved and permitted.

Now let’s look at how much time, money is required to gain this fast, easy and inexpensive approval as well as how much careful consideration is taken both by the Sussex County Planning and Zoning Commission, the Sussex County Council and staff and the other County, State and Federal agencies involved in the plan review and permitting process. Throughout the process, the public is invited at several points along the way to question and contribute to the process as well.

For ease of understanding, let us say our “Example Community” gets started on January 1, 2004.

4 months (May 1^st, 2004, decision is made to purchase subject property)
Cost - $15,000

From a few days to months, say 30 days (June 1^st, 2004 we have signed purchase agreement)
Contract value - $10,000,000
Deposit - $250,000, non-refundable after end of study period.

First Submission of required plans and other information to Office of State Planning Coordination (PLUS Process).

Revise Plans and prepare response based on PLUS comments (Preparation to submit to Sussex County)

Complete Preliminary Traffic Impact Study (must be complete prior to submission to Sussex County)

12 month waiting period to get to public hearing with Planning & Zoning Commission

            Consultants prepare and submit any additional information prior to hearing
            Preparation of presentation and graphics
            Attorney and consultants attend hearing and make presentation
Cost - $25,000

Planning Commission considers entire application and public hearing testimony, schedules application as old business, entertains motion to approve or deny, discusses reasons, concerns, etc. and (if motion is to recommend approval) develops conditions of approval as a part of discussion with advise from Assistant County Attorney and Zoning Administrator and votes.

County Council considers entire application, public hearing testimony and recommendation from Planning Commission, schedules application as old business, entertains motion to approve or deny, discusses reasons, concerns, etc. and (if motion is to recommend approval) develops conditions of approval as a part of discussion with advise from Assistant County Attorney and Zoning Administrator and votes. A vote is not required within any specific time frame and, depending on the complexity of the submitted application and materials, the time needed by the Council to take careful consideration will vary. For our purposes:

Presuming that the re-zoning application warranted a positive vote from the Planning Commission and County Council, our community development project now moves forward into the final engineering and permitting process.

Final Residential Planned Community Plan is prepared and submitted to the Planning Commission for review and approval.

Civil Engineers prepare site construction plans and recordation plats including:

Notice to utilize Corps of Engineers Nationwide Permit is filed (“Nationwide” permits were issued by the COE for different types of fills under certain amounts to ease the process.)

Construction Plans are submitted to the following agencies for review and approval:

Corps of Engineers requires submission and review of mitigation plans (Even with the use of a Nationwide permit, the COE may require that plans be provided showing replacement wetlands for those filled.)

Final Site Plan is submitted to Planning Commission for final approval. (Must submit evidence of all required agency approvals for approval.)

Submit road and sewer performance bond(s) and Construction Agreements to County insuring that work will be completed for approval.

Pay Sussex County and Conservation District Construction Inspection and Sediment Erosion Control Inspection Fees

Prepare marketing and advertising materials, set up on-site sales team and begin sales process.

Prepare and record Home Owner Association Documents, hire management company and prepare Association operating budget.

Cost - $2,380,000 including interest and 25% of unforeseen site construction problems

Many allege that Residential Community Developments are fast, easy, inexpensive and approved without adequate review, oversight or inspection.

The truth is, our development process provides the venue for incredibly well considered Federal, State, County and Public decision-making.

Public and agency scrutiny together with the necessary approvals and permits that must be gained and inspections that are required following all of the professional research, review, and management by teams of professionals licensed by the State via the many thousands of dollars invested for each future lot yields high quality residential development.

Developers face a much more complex world than they did even ten years ago. Everyone has a stake in their activities. The days are passed when a developer could unilaterally decide what he wanted to build and then build it without consulting community leaders, neighbors and others affected by the development.

This is demonstrated in Sussex County, Delaware, with the care that is taken by the Planning & Zoning Commission, the County Council, their staff, and the State and Federal agencies involved in the process as well as by the enthusiastic participation by the public in most every land use decision made today. What has evolved is a dynamic and symbiotic process that results in ever more Positive Growth Alliances of all these agencies and individuals.