Georgetown, Del., Dec. 16, 2008: What is and what isn’t open space in subdivisions has long been a question for developers and residents alike in Sussex County. The question, though, is open no more.

Delivering on a promise made in the recently adopted land use plan, Sussex County Council, at its Tuesday, Dec. 16, 2008, meeting, approved a new open space ordinance that for the first time defines what qualifies as open space in subdivision and residential projects.

Specifically, the ordinance defines open space as: “Those land areas within all major residential subdivisions, residential planned communities or developments which have a purpose to provide active and/or passive recreational opportunities, maintain land in a predominantly undeveloped or natural state, including lands used for agricultural purposes, promote conservation, protect wildlife or serve as a buffer between residential and non-residential areas and/or commercial and non-commercial areas.”

The ordinance also spells out what cannot be considered open space, such as land within lot lines, parking areas and utility facilities. Council’s adoption of the new definition applies to all residential zoning districts and residential planned communities, and takes effect Jan. 1, 2009.

“Open space is a critical and highly desired feature within today’s land use, and the public wants to know clearly what is in and what is out,” County Administrator David B. Baker said.

“This is one of the issues we heard over and over again, especially during the public hearings for the Comprehensive Plan Update – from residents, property owners, developers, state planners, even our own Council members.”

“Today, the County has responded with what we believe makes clear what’s open space in Sussex County,” Mr. Baker added.

Council’s adoption of the open space definition crosses off another in the list of ordinances the County has pledged to consider under its 2007 Comprehensive Plan Update, adopted earlier this year by the County Council and later certified by Gov. Ruth Ann Minner. So far, approximately a half-dozen of 23 proposed ordinances have either been adopted or are awaiting consideration.

Council President Finley B. Jones Jr. said passage of the open space definition, which will apply only to new projects, is another success for the current County Council, the majority of which will retire in January.

“This is something that has been a long time in the making, and one of the difficulties we faced was building consensus on what is and what isn’t open space,” Council President Jones said. “I believe what we have here now is a majority of Council in sync on what is acceptable as open space, and that benefits the citizens of Sussex County the most. I’m proud that we have accomplished this.”

The open space ordinance can be found online at the County’s Web site, sussexcountyde.gov under the “Online Services” tab at the top of the main page.

###