Georgetown, Del., April 4, 2006: Sussex County has adopted a new program that aims to preserve more natural areas and open space for generations to come.

County Council, at its Tuesday, April 4, 2006, meeting, passed an ordinance that will potentially generate tens of millions of dollars for open space preservation in exchange for increased densities in targeted growth areas. Project developers who seek added units per acre in cluster subdivisions within those growth zones would, in exchange for those increases, pay between $15,000 and $20,000 per unit, depending on the location.

That money, in turn, would go to the county and be earmarked for preservation efforts. Sussex County intends to use any money received through the cluster density trade program to buy open space for passive and active uses, such as parks.

“In the past, the new wealth created through increased densities went into the pockets of developers as windfall profits,” said County Councilman Vance C. Phillips of Laurel, the sponsor of the legislation. “What we’ve done today will transfer a significant portion of that new wealth into the public domain.”

In summary, the ordinance would work as follows:

• Increased densities, from two units per acre up to as many as four units per acre, would be allowed on agriculture-residential lands within designated growth zones. Increases only would be considered for subdivisions that are proposed as cluster projects within the growth areas. Cluster subdivisions allow for smaller building lots, in exchange for a guarantee of at least 30 percent open space within a project;
• Applications would be made to the Sussex County Planning & Zoning Commission, which would make its decision after a public hearing. Participation in the program would be voluntary;
• If a project is approved, the developer would pay a predetermined amount, based on the density increase, to the county at the point of recordation;
• Money collected would be set aside. Sussex County Council would use that money to pay for open space purchases, and a four-fifths majority would be required of the council for any open space purchase.

The Sussex County Land Trust will act as a recommending panel to the council in determining which open space areas should be purchased.

Mr. Phillips said the ordinance is a key step in ensuring that development and the natural areas of Sussex County co-exist. Mr. Phillips said he is also exploring the possibility of expanding the concept to other types of development, to help pay for infrastructure improvements within the county.

“As a sixth generation Sussex County farmer, it is important to me that the heritage of this county as one of natural beauty and open spaces continues,” Mr. Phillips said. “And as a father, I want to ensure that my children, and all of Sussex County’s children, can enjoy the gifts that God has bestowed upon this great land.”

A copy of the ordinance is posted on Sussex County’s web site at sussexcountyde.gov/cluster-density-trade