…”Sussex County Administrator David Baker said since the 1992 ordinance was adopted, county officials have sometimes wavered on the buffer requirement.

In this case, for instance, planners didn't think a forested buffer was needed because there was a large storm-water retention pond that bordered the horse farm and not residential houses.”…

*We urge you to comment on this bill. See the description here http://www.sussexcountyde.gov/e-gov/agenda%20min/pdfs/council/agenda/CouncilAgenda%20120407.pdf

 

Don’t let developer Preston Dyer & McCrone’s Kevin McBride make the decision for us.

Sussex County Council, 2 The Circle, P.O. Box 589, Georgetown, DE 19947  Phone (302) 855-7742, Fax (302) 855-7749

DALE DUKES 875-2043; FINLEY JONES 349-4920; LYNN ROGERS 684-4883; GEORGE COLE 539-1611; VANCE PHILLIPS 542-1501.

County website ttp://www.sussexcountyde.gov/departments/index.cfm?id=10

 

 Sussex developer questions forest buffer proposal

County wants woodland around new subdivisions

By MOLLY MURRAY, The News Journal

Posted Wednesday, December 5, 2007

Pret Dyer, a coastal-area land developer, said it's admirable to require buffers between farms and new developments.

 

But Dyer said Tuesday he couldn't figure out what Sussex County officials are trying to accomplish with a proposal to require forested buffers around new subdivisions, whether they border working farms or not.

 

"I think this falls very, very short of your intention," Dyer said during a public hearing on a proposed ordinance to require a 30-foot swath of trees around the perimeters of new subdivisions.

 

Kevin McBride, an engineer and land development consultant, also questioned the proposal.

 

"You're taking away a tremendous amount of usable land," McBride said.

 

*County officials took no action on the proposal Tuesday, instead agreeing to keep the record open for 30 days to allow written public comments.

 

The forested buffer proposal came up this summer after work started on the Heron Bay development off Hopkins Road near Lewes.

 

Since 1992, Sussex County has had an ordinance that requires a forested buffer between new subdivisions and working farms.

 

The idea behind that ordinance was that farms could be dirty, dusty, odorous businesses. The wooded buffer would shield them from new neighbors unaccustomed to the farming way of life.

 

Initially, a forested buffer was part of the Heron Bay plans but through many site plan revisions, the buffer eventually was removed.

 

Earlier this year, Jeff and Jewell Marsh wondered why county officials weren't enforcing the buffer requirement on the boundary with their working, standardbred horse farm.

 

Sussex County Administrator David Baker said since the 1992 ordinance was adopted, county officials have sometimes wavered on the buffer requirement.

 

In this case, for instance, planners didn't think a forested buffer was needed because there was a large storm-water retention pond that bordered the horse farm and not residential houses.

 

Initially, with this new proposal, county officials set out to tighten the forested buffer requirements.

 

But Councilman George Cole, R-Bethany Beach, said he felt the rule should be consistent for all subdivisions.

 

Say for instance a developer subdivides a property neighboring a farm and includes the buffer, he said.

 

Then, that working farm next door is sold for development. Under the current rules, the newer subdivision wouldn't have the buffer.

 

Besides, Cole said, buffers serve many purposes including the provision of a corridor and habitat for wildlife.

 

Copyright ©2007, The News Journal. Users of this site agree to the Terms of Service and Privacy Policy/Your California Privacy Rights (Terms updated March 2007). Questions?”


BACKGROUND:   

CAPE GAZETE Letters to the Editor,  9/20/07
"Where has [3rd district] Councilman Rogers really been?

In his Sept. 14 letter to the editor Lynn Rogers said he visited our farm several times. He did not. Rogers only visited our farm one time. That was in September 2006. He was here a total of five minutes. While here he took a picture and asked a couple of questions.

This is just one of many false statements in Rogers’ letter.

We never told Rogers a white vinyl fence and a few trees would be an acceptable resolution. We always said we wanted the buffer put back. A fence was only discussed because we were worried that a horse could get loose and stumble into the pond and be killed. We have no protection for our horses.

Two hours after Rogers was here he called and told Jeff he had spoken with Capano. They said they wanted to put up a fence and clean up the property line. He also told Jeff he hoped this would get taken care of as “quickly and quietly as possible.” That is the last time we had any communication with Lynn Rogers.

For the past year and a half we have spent endless hours trying to get our buffer back. In 2003 we were contacted by the Heron Bay developer. He told us what the future plans were for the property behind our farm. He told us there would be 30 feet of trees between us and them. We also knew from a letter we received from the Department of Agriculture in April 2003 that we would be protected. We also knew the Sussex County Code required a 30-foot forested buffer so we figured we had no problems.

When the development started in 2006 we saw no reason to ask any more questions. The developer had told us his plans and no notices had been sent out saying there were any changes to the original plans. How were we supposed to know any different?

How many other developments in Sussex County requested a storm water management pond in a forested buffer area in the last 14 years? If any were approved, where are they?

How can the county council and planning & zoning say something is their standard practice without showing it is something they regularly did?

The county council and planning & zoning say they don’t have to do anything because “there was no violation per se.” Then who is responsible to protect existing landowners, people like us who have lived on their property with their families for 20 years or more?

In everything that has happened, the county council has been working with the developer and protecting the developer.

Their plan that has taken more than three months to work on is this:

They want to put “bigger” trees on the four to 10 feet of buffer land they say is left. Then they want to plant shrubs and bushes on the slopes of the storm water management pond. And they are calling this our new forested buffer?

The truth is the little remaining buffer land has dying trees ready to fall because the developer sheared their roots. The truth is that no one ever discussed their plan with us.

The truth is that while county council ignored our requests for help for more than a year, Rep. Joe Booth responded after one request. He has done more to help us than any other person.

The truth is it is time for the county council to take responsibility for the fact that they let the developer switch plans and they failed to enforce the county code.

The truth is this issue is definitely not settled and it’s time for our county officials to step up and take responsibility to the landowners of Sussex County.

Jeff and Jewell Marsh, Lewes"