Fillable Sussex County Major SubdivisionApplication SussexCounty,Delaware (Sussex County Council)

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Sussex County Major SubdivisionApplication SussexCounty,Delaware (Sussex County Council)

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File#:___________
Sussex County Major SubdivisionApplication
SussexCounty,Delaware
SussexCountyPlanning&ZoningDepartment
2TheCircle(P.O.Box417)Georgetown,DE19947
302‐855‐7878ph.302‐854‐5079fax
TypeofApplication:(pleasecheckapplicable)
Standard:
Cluster:
ESDDOZ:
Location of Subdivision:
Proposed Name of Subdivision:
TaxMap#:
Zoning: Density:
Open Space Acres:
WaterProvider: SewerProvider:
ApplicantInformation
ApplicantName:
ApplicantAddress:
City: State: ZipCode:
Phone#: E‐mail:
OwnerInformation
OwnerName:
OwnerAddress:
City: State:
Zip Code:
Phone#: E‐mail:
Agent/Attorney/EngineerInformation
Agent/Attorney/EngineerName:
Agent/Attorney/EngineerAddress:
City: State: Zip Code:
Phone#: E‐mail:
Minimum Lot Size:
Total Acreage:
Number of Lots:
SussexCountyMajor Subdivision Application
Page|2 lastupdated12-1-16
CheckListforSussexCountyMajor SubdivisionApplications
Thefollowingshallbesubmittedwiththeapplication
CompletedApplication
Providefifteen(15)copiesoftheSitePlanorSurveyoftheproperty and a PDF (via e-mail)
o
Planshallshowtheexisting conditions,setbacks, roads, floodplain, wetlands, topography,
proposed lots, landscape plan,etc. Per Subdivision Code 99-22, 99-23 & 99-24
o
Provide compliance with Section 99-9.
o
DeedorLegaldescription, copy of proposed deed restrictions, soil feasibility study
ProvideFee$500.00
Optional‐AdditionalinformationfortheCommissiontoconsider(ex.photos,exhibit
books,etc.)Ifprovidedsubmitseven (7)copiesandtheyshallbesubmittedaminimum
often(10)dayspriortothePlanningCommissionmeeting.
PleasebeawarethatPublicNoticewillbesenttopropertyownerswithin200feetofthe
subjectsiteandCountystaffwillcomeouttothesubjectsite,takephotosandplaceasign
onthesitestatingthedateandtimeofthePublicHearingsfortheapplication.
PLUSResponseLetter(ifrequired )
Theundersignedherebycertifiesthattheforms,exhibits,andstatementscon
tainedinanypape
rsor
planssubmittedasapartofthisapplicationaretrueandcorrect.
IalsocertifythatIoranagentonbybehalfshallattendallpublichearingbeforethePlanningand
ZoningCommissionandanyotherhearingnecessaryforthisapplicationandthatIwillanswerany
questionstothebestofmyabilitytorespondtothepresentandfutureneeds,thehealth,safety,
morals,convenience,order,prosperity,andgeneralwelfareoftheinhabitantsofSussexCounty,
Delaware.
SignatureofApplicant/Agent/Attorney
_____________________________________ Date:
SignatureofOwner
_____________________________________ Date:
Forofficeuseonly:
DateSubmitted:___________________ Fee:$500.00Check#:______________________________
Staffaccepting
application:_______________ Application&Case#:________________________________
Locationofproperty:___________________________________________________________________________
_____________________________________________________________________________________________
DateofPCHearing:______________________ RecommendationofPCCommission:__________________
51% of property owners consent if applicable
click to sign
signature
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signature
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Affordable Housing Support Policy
I. Mission Statement
It is Sussex County’s mission to promote non-discrimination and affirmatively further fair
and equal housing opportunities for all, and further, to inform housing developers and the general
public that the County supports the development of affordable housing opportunities in Sussex
County.
II. Affordable Housing Subdivisions
Sussex County promotes racially/ethnically diverse, mixed income, affordable housing in all areas
under its jurisdiction. Accordingly, Developers are encouraged to provide affordable housing
opportunities to Sussex County residents in all new developments, affirmatively market those
affordable housing units to diverse populations, and meet with the surrounding residents early in the
development approval process.
III. Affordable Housing Defined
a. Homeownership: Sussex County considers an affordable housing project to be a
housing project in which any portion thereof is designed or intended to serve
households earning less than 125 percent of the Area Median Income for Sussex
County as calculated by the U.S. Department of Housing and Urban Development
annually, and which is comprised of at least one of the following elements:
i. Seeking participation in Sussex County’s Moderately Priced Housing Unit
(MPHU) Program
ii. Applying for funding by the Delaware State Housing Authority’s (DSHA)
Housing Development Fund (HDF)
iii. Applying for HOME Investment Partnerships (HOME) funding through DSHA
iv. Applying for a Section 523 or 524 Rural Housing Site Loan through the U.S.
Department of Agriculture (USDA) Rural Development
v. Sussex County Habitat for Humanity
vi. Milford Housing Development Corporation
vii. Community Land Trust
viii. Other elements which, in the County’s discretion, meet the goals and
objectives set forth in the Affordable Housing Support Policy Mission
Statement.
b. Rental: Sussex County considers an affordable rental housing project to be a rental
housing project in which any portion thereof is designed or intended to serve
households earning less than 80 percent of the Area Median Income for Sussex County
as calculated by the U.S. Department of Housing and Urban Development annually,
and which is comprised of at least one of the following elements:
i. Seeking participation in the Sussex County Rental Program (SCRP)
ii. Applying for funding by the Delaware State Housing Authority’s (DSHA)
Housing Development Fund (HDF)
iii. Applying for HOME Investment Partnerships (HOME) funding through DSHA
iv. Applying for funding by DSHA’s Low Income Housing Tax Credits (LIHTC)
program
v. Applying for Multi-Family Mortgage Revenue Bond Program (MFMRB)
financing through DSHA
vi. Applying for a Rural Rental Housing Loan through USDA Rural Development
vii. Applying for a Guaranteed Rental Housing Loan through USDA Rural
Development
viii. Community Land Trust
ix. Other elements which, in the County’s discretion, meet the goals and
objectives set forth in the Affordable Housing Support Policy Mission
Statement.
IV. Affordable Housing Project Support
a. Letter of Support
Sussex County will provide conditional letters of support to developers of affordable
housing projects seeking financing opportunities, provided that the project qualifies
under the definitions above. Further, support letters for affordable rental housing
projects will only be authorized if the project is proposed in an Area of Opportunity, as
defined by DSHA in Exhibit A. For further information regarding impacted areas versus
areas of opportunity, please contact Karen Horton with DSHA at (302) 739-4263. Note:
Letters of support do not exempt the developer from the County’s planning and zoning
process, nor guarantee approval through that process.
b. Deferral of Fees
Sussex County desires to encourage the construction of affordable housing for low-
and moderate-income households. The County finds that the up-front payment of
sewer impact fees for affordable residential housing development creates a barrier to
such development and desires to ease the barrier by deferring the time for payment
of the fees.
Projects must qualify under Sussex County Code (§110-94) and Delaware State Code
(Title 9, Chapter 81, Sections 8105, 8106, and 8110). Qualifying projects will not be
assessed connection charges for County sewer. However, once the property is
transferred or sold to a non-qualifying buyer, those deferred charges will be
immediately due and payable within 30 days.
It is incumbent upon the affordable housing developer to submit evidence of their
qualifying status to the County’s Assessment Department to ensure that they benefit
from this affordable housing incentive.
FAIR HOUSING POLICY
It is the policy of Sussex County to comply with the Fair Housing Act, as amended,
(42 U.S.C. §§ 3601-3619) and the Delaware Fair Housing Act (6 Del. C. Ch. 46), by ensuring
that its zoning and land use decisions do not discriminate against persons based on race, color,
religion, national origin, handicap/disability, familial status, sex, creed, marital status, age,
sexual orientation, or gender identity. This policy means that, among other things, the County
and all its officials, agents and employees will not discriminate in any aspect of housing based
on these protected characteristics, including by:
(a) making unavailable or denying a dwelling to any person based on a protected
characteristic;
(b) discriminating against any person in the terms, conditions or privileges of a
dwelling, or in the provision of services or facilities in connection therewith based on a
protected characteristic;
(c) Making, printing, or publishing, or causing to be made, printed, or published any
notice, statement, or advertisement, with respect to a dwelling that indicates any
preference, limitation, or discrimination based on a protected characteristic;
(d) Representing to persons because of a protected characteristic that any dwelling is
not available when such dwelling is in fact so available;
(e) interfering with any person in the exercise or enjoyment of, or on account of his
having exercised or enjoyed, or on account of his having aided or encouraged any
other person in the exercise or enjoyment of, any right protected by the Fair Housing
Act;
(f) interfering with the funding, development, or construction of any affordable
housing units because of a protected characteristic; and
(g) discriminating on the basis of race or color in any aspect of the administration of
its zoning, land use, or building ordinances, policies, practices, requirements, or
processes relating to the use, construction, or occupancy of dwellings.
Any person who believes that any of the above policies have been violated by the
County may contact:
Sussex County’s Fair Housing Compliance Officer, Brandy Nauman, at
bnauman@sussexcountyde.gov or (302) 855-7777.
the U.S. Department of Housing and Urban Development at 1-888-799-2085,
or
the U.S. Department of Justice at 1-800-896-7743 or (202) 514-4713.
It is also the policy of Sussex County to ensure that conduct at public hearings
regarding land use and zoning adhere to the intentions of the Fair Housing Policy as outlined
above. Legal counsel representing County Council, the Board of Adjustment, and the
Planning & Zoning Commission will read the following statement prior to the start of all
public hearings:
o “Sussex County, in its zoning and land use decisions, does not discriminate
against persons based on race, color, religion, national origin,
handicap/disability, familial status, sex, creed, marital status, age, sexual
orientation, or gender identity. Public comments made on the basis of bias and
stereotype concerning people within these protected classes will not be taken
into consideration by the County in its deliberations.”
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Sussex County Major SubdivisionApplication SussexCounty,Delaware (Sussex County Council)

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Completed 18 July 2020

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