Sussex County Council Introduces Amended Retail Marijuana Ordinance – Public Hearings in P&Z and Council to be Set

The Sussex County Council has introduced an ordinance to amend the County Zoning Code in reference to retail marijuana stores. The amended ordinance will allow them as a permitted use in the C-2 and C-3 Districts – where the current ordinance allows a Conditional Use only in the C-3 District. The Ordinance also reduces the distance requirements between retail marijuana stores and municipal boundaries from three miles down to one-half of a mile. However the 3-mile separation requirement between retail marijuana stores (which is the same separation distance for liquor stores) and from churches, schools, colleges or substance abuse treatment facilities has not been adjusted. That is something that can be considered and/or implemented during public hearings which will be scheduled for both the Sussex County Planning Commission and County Council. After public hearings are held before both bodies – if approved this Ordinance shall take effect immediately upon its adoption by the Sussex County Council.

Sussex County Land Trust is asking the County to sponsor a $100,000 Outdoor Recreation, Park and Trails Grant through DNREC for the implementation of the master plan for the Forest of the Broadkill Preserve. This is 294 acres on Gravel Hill Road/Shingle Point Road near Milton that the County purchased in 2023 for open space. For the Sussex County Land Trust to apply for this grant, the County Council must adopt a resolution that supports the project and the submission of the grant application. The grant will help to finance the Forest of the Broadkill Preserve master plan, which includes trail-based recreation and educational opportunities at the headwaters of the Broadkill River. The SCLT should know if the Grant is approved by the end of the year. The Council approved this Grant Resolution with a unanimous vote.

Sussex County has received a check for $38,898 from the US Department of the Interior, Fish and Wildlife Service. This is a federal payment – in lieu of taxes for the Prime Hook National Wildlife Refuge. This payment under the Refuge Revenue Sharing Act covers FY 2024. The refuge sits in two school districts – so the funding will be allocated to the Milford and Cape Henlopen School Districts – with funding for the County, Library, Sussex Tech and the two school Districts. The Milford District will receive $9,001.00 and the Cape Henlopen District will receive $29,897.00 – the funding is based on the assessed land of the Prime Hook National Wildlife Refuge within each district – 23.14% in Milford and 76.86% in the Cape District.

In Old Business the Council revisited an Conditional Use application No. 2503 on behalf of Hastings Community Energy Initiative, LLC for a solar energy facility to be located on 33.69 acres of property in the area of Normandy Lane and E. Seventh Street in Blades. During the June 17th public hearing the applicant requested a minor amendment to one condition in reference to fencing which the Council approved. The amended application was approved by the Council with a 4 to 1 vote with Councilman Matt Lloyd voting no.

There were four public hearings during the afternoon session. One was for the proposed assessment roll for the Waterside Road Improvements near Ocean View which was approved by the Council.
There were public hearings for three Conditional Use applications as well. CU No 2476 on behalf of Richard & Brandi Gentner, Jr. for a masonry business on just over 5 acres in the area of Hardscrabble and East Trap Pond Roads near Georgetown, CU No 2479 on behalf of The Crossing at Oak Orchard to allow for 2 additional lots into the Riverwinds Manufactured Home Park and CU No 2427 on behalf or LIC Housing, LLC for an independent care facility, restaurant and fitness center on over 4.8 acres in the area of Kings Highway and Clay Road in Lewes. All the applications were approved by the Council. The final Conditional Use – No 2475 on behalf of S & J Growers has been continued at the applicant’s request and the application will be refiled and advertised at the applicant’s expense.

The Sussex County Council will not meet next Tuesday – the next meeting will be on Tuesday, October 7 in the County Administration Building on The Circle in Georgetown. The agenda has not been posted and the time of the meeting not yet determined.