Permanent septic development restriction passes New Castle County Council amid opposition

A controversial plan to permanently limit the development of sewage treatment plants in New Castle County passes.

County Executive Matt Meyer’s administration has been trying for years to prevent major developments from being built on sewage treatment plants. The ban, which the council passed on Tuesday after hours of bitter public comment and debate, makes a temporary moratorium permanent, which expired this month.

The measure applies to the suburban (S) zone of the county and primarily affects the fast growing and more rural south of New Castle County. It prevents the development of more than five plots on septic tanks.

Proponents of the regulation say limiting septic developments will benefit water quality and prevent the higher transport emissions associated with urban sprawl. 6,300 new households are expected in southern New Castle County by 2050, and county’s land use officials say they can be serviced by sewers.

“Once a sewage treatment area has spread across rural or semi-rural areas, it becomes very difficult to supply that land when the infrastructure arrives,” said Rich Hall, county land use manager, during the land use committee meeting Tuesday. “So we try to stage growth.”

Some landowners and officials from the Department of Agriculture oppose the new restriction. They say this robs farmers of the value of their land, which they can sell to developers for retirement funds or give to their children.

Melissa Heller was among a group of residents from an area near Middletown who were slated for the sewer system who opposed the measure, saying she would encourage development in their area.

“They will go to our schools,” she said during the public comment period. “These are the schools my children go to. Overcrowding – the infrastructure does not exist. “

Some council members expressed disgust at what they interpreted as encoded opposition to affordable housing.

Councilor John Cartier, who represents Claymont, voted in favor of the ban.

“I have to think about what is best for the public in the long run, for future residents of southern New Castle County, not necessarily for the particular complaints or problems raised by certain property owners,” he said.

The ordinance enables owners of non-drained properties in the suburban zone to transfer development rights to properties with a sewage connection.

The county government says it also wants to create an impact fee or other consistent source of income to pay for the maintenance of farmland and open space.

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