The ongoing legal battle over the proposed Stillwater Harbor development is reaching a critical stage, as the Delaware Supreme Court prepares to decide on the case following multiple denials by Sussex County officials and Superior Court.
Background on the Development
Stillwater Harbor LLC proposed a 123-home cluster subdivision on 57 acres along River Road near Oak Orchard.
The project faced significant public opposition due to concerns about flooding, drainage, and environmental impact.
- Sussex County Planning & Zoning Commission denied the application on June 22nd, 2023.
- Sussex County Council upheld the commission’s decision following an appeal by the developer.
- The developer petitioned Superior Court for a writ of certiorari to overturn the denial, which was also rejected.
- The case is now before the Delaware Supreme Court.
Legal Arguments and County Response
The developer’s petition claims:
- Sussex County’s Planning & Zoning Commission failed to vote within the required 45-day timeframe.
- The county council improperly affirmed the denial despite the project meeting zoning requirements.
Judge Mark Conner ruled that the commission followed the timeline appropriately, stating that the 45-day countdown began after the record was officially closed on June 8, 2023.
The commission denied the application within 14 days, adhering to statutory requirements.
Additionally, the commission identified 11 deficiencies in the application, including:
- Failure to meet public access requirements (River Road is 42-46 feet wide instead of the required 50 feet).
- No clear resolution for existing flooding problems.
- Inadequate emergency access via Jackson Draine Lane.
Flooding Concerns
Flooding has been a central issue, as River Road floods multiple times per year.
Currently, school children in the area are picked up and dropped off at the Indian River Volunteer Fire Company during flooding events.
County officials deemed the developer’s proposed emergency access route inadequate, while the development team argued that their stormwater management system would help mitigate flooding impacts.
Stillwater Harbor’s Proposed Plans
- Environmental Buffers: 100-foot buffer along tidal wetlands, 30-foot buffer along nontidal wetlands and farmland, and 20-foot buffer along residential areas.
- Land Use: 54 acres of woods, with 42 acres slated for removal and 12 acres preserved.
- Open Space & Amenities: 26 acres of interconnected open space (47% of total area), plus a pool, bathhouse, sidewalks, and a wooded walking trail.
The developer maintains that the project aligns with the county’s comprehensive land-use plan and meets all necessary regulations.
The Supreme Court’s ruling will determine whether the previous denials stand or if the project can move forward.
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Source: Cape Gazette