By Eddie Phillipps, Cape Gazette Staff Writer
In the span of 60 days, it’s possible to go on a crash diet, experience a free trial of a Microsoft product or maybe give drug and alcohol rehabilitation a try.
But in Dewey Beach, officials say 60 days is not enough time to review proposed ordinances.
The town council voted unanimously at its Saturday, Nov. 10 meeting to extend the review process to 120 days. If that turns out to be an insufficient amount of time, the planners can go back to the council and ask for a one-time extension of 60 days. If the planners still cannot come to a conclusion, the matter goes to the council, which will make the final decision. “I think the 60-day rule is very burdensome,” Mayor Dell Tush explained prior to voting. “I think this is something we need to take away.”
Developer Harvey, Hanna and Associates submitted an ordinance drafted by attorney Shawn Tucker for review by the town last summer. The plans included a luxury resort twice as high as the town’s height limit, and would have required changes in the zoning ordinance. The proposal came as planners were about to rezone the town. When the town council voted to send the project to the planners, it raised concerns that under the 60-day limit, planners lacked sufficient time to review the project and continue work on the town’s zoning.
The planners’ difficulties increased when two September meetings were postponed, one because it was improperly advertised and another because it fell on a Jewish holiday. Those circumstances forced the planners to hold multiple meetings in October to meet their deadline.
Town attorney John Brady said most towns and municipalities do not have a time limit for the review process. Sussex County has no rules regarding the time it takes to review an ordinance, he said. On the other hand, the lack of a time limit can also work against the town, Brady pointed out. Milton, a town Brady also represents, has pending court cases that accuse the town of not placing proposals on its agenda.
Steve Spence, an attorney representing Highway One LLC, said there should be some limit, so a property owner knows when to expect an answer.
Originally, the commissioners planned to automatically reject a proposal if the time limit expired. When this was deemed unfair to the property owner, the council decided that if the planners could not make a decision, the council would.
Contact Eddie Phillipps at eddiep@capegazette.com