Jerrell Ridge plan advances to business meeting after public hearing; single access and utility questions left unresolved

Behram Holdings, represented by Morris & Ritchie Associates, presented the Jerrell Ridge preliminary plan for a 57.85-acre subdivision that would create 85 single-family lots off Fire Tower Road in the Levicourt (Fifth) Levy Court district.

Engineer Charlie Barnett said the plan yields about 1.47 dwelling units per acre and includes 1.2 acres of active open space plus more than 33 acres of passive open space; the applicant noted Hudson Branch, a blue-line stream, and about 3.86 acres of wetlands on the site. "85 single family detached lots are being proposed, gives a density of 1.47 dwelling units per acre," Barnett told the commission.

Key infrastructure questions: Barnett told commissioners the subdivision would use Kent County public sewer, extending gravity sewer from a nearby sanitary pump station, and that Tidewater Utilities could place a water holding tank on site though any tank would require a separate conditional-use application by Tidewater. He said the owner has an agreement allowing a holding tank location but that the details are not part of the current subdivision approval.

Access and emergency access were central topics. The applicant opposed a staff suggestion to relocate or add a second public entrance and said DelDOT typically prefers a single access point. Barnett described plans for emergency-only stabilized access routes with gravel underlayment but said DelDOT may not approve those in the future. Felton Fire Company representatives and Commissioner Mills urged stronger emergency provisions: "We always have a problem when there's only one way in and one way out," a commissioner and local fire representative said, asking that a stabilized emergency access with a Knox box be considered.

Utility and easement concerns: Commissioners asked whether Delmarva Power (DP&L) easement clearance exists for roadway construction under power lines. Barnett said he provided copies of the Delmarva easement and that his understanding, based on those documents, is that surface improvements are allowed though structures are not. County staff stated they had received communication from Delmarva Power indicating a permit process exists.

Neighbor accommodations and waivers: Barnett said the developer would modify two lot lines to add a 20-foot-wide open-space strip and privacy fence at a neighbor's request. The application includes two waiver requests that county staff recommended for approval: (1) exemption from street-linkage requirements northward because wetlands and a proposed solar facility make a connection impractical, and (2) a waiver from agricultural buffering in the area of an overhead power-line easement where planting would be infeasible.

Next steps: No decision was made at the public hearing; the commission will act at its Sept. 11 business meeting. Barnett and staff said Delmarva Power permitting would likely be resolved before record-plan approval, and that the applicant has up to two years to record plans.

Closing note: Commissioners repeatedly emphasized safety and coordination with DelDOT, Delmarva Power and the local fire company before final approval and suggested the applicant provide DP&L permit confirmation and any DelDOT access guidance prior to the business meeting.