County planners approve Water's Run subdivision


The Sussex County Planning & Zoning Commission voted this week to approve a final subdivision plan application by Mandarin Homes for Water’s Run subdivision, north of Route 54 and south of Dirickson Creek.

There was some question about whether wetlands were contained within lot lines on three of the lots in the 56-lot development. Ed Lennay of Environmental Resources explained to the commissioners that the waters in question were a “man-made agricultural ditch” that at one point connected up with a wooded non-tidal forested wetland. He said that sometimes, after a rain, flow comes from the wetland area and connects down to the creek.

“In working out the wetland boundary with the [Army] Corps [of Engineers], that is why they said they would like to regulate it.”

“This particular ditch was reviewed by DNREC and isn’t on a state wetlands map, so it isn’t a wetland. It’s a man-made agricultural ditch.”

“All that being said, are there any wetlands within the lot lines in this development?” asked commission Chairman Robert Wheatley.

“No,” answered Lennay.

Commissioner Rodney Smith asked that the subdivision be approved with the stipulation that the approval reflect Lennay’s testimony, so the record would clearly show that there are no wetlands within lot lines in the development.

Also at the March 29 commission meeting:

• The commission approved an application from Colony Pool Service for a conditional use for a chlorine storage tank within the existing Sussex Shores Water Company compound near Bethany Beach, off Route 1. The use is subject to conditions and is limited to a 6,250 vertical tank. Other conditions include that, when the existing Sussex Shores conditional use terminates, the new approval will terminate, as well. It will be used seasonally from April 15 to Oct. 15 and will have fencing around it.

• The commission deferred any action on a subdivision application from Ralph and Betty F. Marvel to divide 3.89 acres into five lots on the east side of Road 246 (Holt’s Landing Road) and north of Route 26 (Vines Creek Road). They left the record open for a septic feasibility letter from DNREC and so the commission could further consider the application.

• They also deferred action on an application by HKS4 LLC to expand a subdivision in Dagsboro by 16 lots. The subdivision is already approved for 122 lots, but the developers want to expand to 138. The commission deferred a decision so they could have more time to consider the application.