Sussex County ironing out details for new special events ordinance

The Sussex County Council is inching closer to voting on a new special events ordinance.

At the council meeting on Tuesday, no vote was scheduled, but the public record was closed and more direction was given to Vince Robertson, Sussex County assistant attorney, and Janelle Cornwell, Sussex County planning and zoning director.

Robertson and Cornwell are the main authors of the ordinance and will be tasked with updating the conditions that were discussed Tuesday, bringing them back to the council at a later meeting.

"We will also ask council if there are concerns that you have heard or read since you received the recommendation in the past 30 days specific to issues you would like to make sure are addressed," said Todd Lawson, Sussex County administrator.

The council spent roughly 20 minutes outlining their vision for the proposed ordinance.

They wanted to ensure events held by organizations such as Veterans of Foreign Wars, Elk Lodges and other community organizations would not be impacted by the ordinance, which mandates applicants to apply for a special event permit.

Robertson assured them that special events held by nonprofit organizations on their own property would not be subject to the new ordinance.

"So we wanted to do that in the public hearing, and we believe it clarifies that currently, but it can certainly be clarified so there is no uncertainty," he said.

The council also highlighted the importance of transparency when it comes to special events to ensure neighbors are aware of the details of an event. They did not discuss special events such as concerts at Hudson Fields in Milton, which was part of the initial spark that has led to the ordinance's discussion. 

Complaints from residents regarding concerts being held over the summer at Hudson Fields prompted the Sussex County Planning and Zoning Commission in October to recommend to county council that a special event ordinance should be reworked.

But the concerts were not the only source of worry behind the ordinance. The county said it was looking at the new procedures to focus on public safety. Events with large attendances are required to coordinate plans with the county's emergency operations centers, however, that wasn't always enforced.

After multiple meetings, the council decided to leave the public record open for 30 days at its Jan. 16 meeting to allow for more comments, testimony and information to be submitted to the council regarding the ordinance.

Six more comments were submitted, Cornwell said Tuesday.

BACKGROUND: Sussex Council still split, wants longer look at special events ordinance

As proposed, the ordinance would mandate applicants to apply for a special event permit through the planning and zoning director.

It also would clarify that special events that do not receive a permit from the director would require a conditional use permit.

In issuing the permit, the director would take into account the number of attendees, the size of the parcel of land the event is to be held on, parking requirements, road and traffic patterns, prior events conducted by the applicant, noise, light and odor generated from the event, and "other such considerations that may be applicable to the requested event."

The proposed ordinance states that a venue can hold up to three special events per year. Days used to set up and take down would not count.

If the proposal does not fall under the permitted use of the land, then a conditional use permit would need to be obtained from the council.

Concert venues such as the Freeman Stage would not be subject to these ordinances because its original purpose was to be as a special event location, and the ordinance would not apply to special events held within town limits.

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Family gatherings at one's house, too, would not be impacted, Robertson said.

Councilman George Cole wanted to ensure that organizations who were holding special events followed the correct protocol as to how events are advertised in order to give proper notification an event would be going on.

He also said there needs to be a record on whether liquor would be served, if there will be food trucks and if state police will be involved.

"We need an application that spells out all these things," he said. "It should be posted somewhere that a big special event is happening so no surprises. There is no one size fits all for these special events."

And any advertising cost done for the special event required by the county should be borne by the special event's organizers, Cole added.

Councilman Rob Arlett said he agreed with Cole that transparency is crucial for these events, and the public should be made aware of what is happening regarding the planning and execution of a special event.

He also emphasized the role nonprofit organizations play in the community and the need to help ensure they are not potentially harmed by the ordinance.

"The majority of the events are predominately done by nonprofits," Arlett said. "This is a community with a big heart."

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