Unanimously Denied in 2019 - Unanimously Approved in 2025
Letter to the Sussex County Council - 11/30/2025
The residents of Burton Road are reaching out because we believe the Sussex County Planning & Zoning Commission made the wrong decision on November 5, 2025 regarding the Tepache Farms/Burton Meadows subdivision. We respectfully urge you to review the 2019 Planning & Zoning denial for this same property:
https://saveburtonroad.com/2019-denial/
The reasoning behind that unanimous denial remains entirely valid today. Nothing about the land has changed. The soil conditions did not magically improve between 2019 and 2025.
Our Voice was Heard & Ignored
The hearing took place on October 1, 2025, where the developers presented their project to the board. No one spoke in favor of the proposal, while many community members voiced strong opposition. In the end, the board deferred their vote to a later date. We will continue monitoring upcoming meetings to see when the vote will be scheduled.
The November 5th decision made one thing clear: regardless of public concern, if a standard subdivision checks every box, it will be approved. Just because you check a box doesn't mean it is right. The commissioners lacked the courage to deny the application a second time—perhaps the threat of a lawsuit carried more weight than the voices of the people. Real change in Sussex County won’t come from accepting the status quo or treating these decisions as routine.
Developer's Presentation started at 1:56:01
No one spoke in favor of the presentation
Opposition Testimonies started at 2:44:21
⚠️ Buyer Beware
If you’re considering buying a home on Burton Road—especially within the recently approved Tepache Farms subdivision—do your due diligence.
Do better than the developer did when purchasing this property. Take the time to understand the soil and understand the area. Don’t simply accept the developer’s or builder’s soil reports as fact. Spending a little extra now for independent testing and research will give you valuable peace of mind later.
Talk to the neighbors. Many have lived here for decades and have firsthand knowledge of how this land holds water, floods, and drains (or doesn’t). There’s history here that no lab report can replace.
Before making a major investment, review the 2019 Planning & Zoning denial of this very same property, which cited concerns over unsuitable soils for septic use. Those issues didn’t magically disappear—they were simply overlooked.
Burton Road is a wonderful place to live, but parts of it are low-lying, wet, and environmentally sensitive. Building or buying without understanding those realities could lead to costly problems and long-term environmental impacts.
Know before you buy. Protect yourself—and the land.
Send Us Your Concerns
We are simply concerned citizens who recognize a serious flaw in the system. Our goal is to protect our community, our environment, and our future. If you have ideas, concerns, or notice something in the proposed Burton Road development that needs to be addressed, we encourage you to reach out to us. Every voice matters, and together we can stand united, raise awareness, and make a meaningful difference.
❌ Why the Planning & Zoning Commission Got It Wrong
On November 5, 2025, the Sussex County Planning & Zoning Commission approved the Tepache Farms subdivision despite overwhelming public concern, clear environmental red flags, and a documented history of septic limitations on the site.
This decision ignored both common sense and historical precedent. In 2019, the very same property was unanimously denied by the Planning & Zoning Commission after the USDA soil survey and other evidence showed that the land was not suitable for septic systems. Those findings have not changed—if anything, the conditions have worsened.
So what changed?
Not the soil. Not the elevation. Not the drainage.
Only the willingness to look the other way.
MILTON, Del. - A proposed subdivision to split roughly 24.27 acres into 21 single-family home lots along Burton Road is raising concerns from neighbors who say the project threatens groundwater, farmland, road safety and a family name.
The Tepache Farms project, located at 22187 Burton Road, about a tenth of a mile west of Sand Hill Road, is zoned AR-1 for agricultural residential use. The subdivision plan was up for review by the Sussex County Planning and Zoning Commission, but a vote was deferred at the Oct. 15 meeting.
... [Read More]
CoastTV reached out to James Grant, the property’s owner, but he declined to comment on the project. For now, the proposal remains under planning and zoning's consideration.
2 Days after a rain on similar soil composition as the proposed development, as described by the USDA reports being "Very Limited" for Septic filter fields.
Is the soil able to handle septic systems?
#1 Reason for denial in 2019 were septic systems. [ See Full List of 2019 Denial Reasons]
Per the report form the USDA:
The development is proposed in a IgA delineated area. IgA is classified as ingleside sandy loam, 0 to 2 percent slopes. Basements are somewhat limited and septic filter fields are very limited.
"Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected.
Does the land hold water?
Look closely at the photo and you’ll notice dark areas scattered throughout the property—these are signs of water retention in the soil.
During the Planning & Zoning hearing, testimony referenced a slide from the developer’s own presentation that clearly showed these dark, discolored areas, which were identified as standing water. Despite this, the developer’s exhibits repeatedly claim that there is no standing water on the property. It was also brought to light that significant soil compaction has occurred since DNREC’s 2019 approvals. This includes extensive farming activity, demolition of existing structures, and the dumping and burying of tree waste on the property—all of which are visible in the photo.
The Developer was Marketing the Development as Burton Meadows!
Coming in 2026...
During the testimonies, it was revealed that the builder had already been marketing the proposed development online. The website, which has since been taken down, encouraged visitors to “Contact us today to join our VIP waiting list.” Out of respect for the official review process, we are glad to see it removed.
In addition, members of the Burton family expressed deep concern over the use of their name in connection with this project. The Burton name has long been associated with stewardship, agriculture, and environmental responsibility. Many family members found it troubling to see their name attached to a development that does not reflect those same values of care for the land and the community.
What about the Subsurface Hydrology?
One of the testimonies at the P&Z meeting emphasized a critical issue that has not been addressed — the subsurface hydrology.
The Pemberton Branch is already a sensitive waterway, and today it is flourishing with a stable, healthy ecosystem. Adding 21 septic systems on low-lying, wet land is a recipe for disaster. While the developer may try to keep stormwater onsite, that only means an already poorly draining property will become even wetter. With septic and stormwater systems competing against each other, pollutants could reach the aquifer in as little as 30+ feet — the very same aquifer that feeds the Pemberton Branch.
Once nitrates and bacteria reach the stream, the damage will be irreversible. Kids will no longer be able to swim in it, wildlife will disappear, and the pollutants will flow downstream into Wagamon’s Pond and eventually into the Broadkill River.
We cannot allow short-term development interests to destroy our water, our land, and our community’s future.
Do the answers presented in the § 99-9C notes really help justify a development?
NO!
We found the §99-C notes to be vague and misleading.
The proposed Tepache Farms subdivision directly conflicts with the character, safety, and environmental integrity of Burton Road. This project converts productive farmland and forest into a dense residential development in an area already known for poor drainage, flooding, and fragile soils. The developer relies on outdated FEMA maps and optimistic engineering assumptions that ignore the long history of standing water and runoff problems along Burton Road. Twenty-one new homes—each with its own well and septic system—on land with low permeability will dramatically increase the risk of groundwater contamination and threaten the health of nearby wells and the Pemberton Branch ecosystem. The narrow tar-and-chip road cannot safely handle 240 new vehicle trips a day, putting residents, farm equipment, and emergency responders in danger. Buffers and landscaping strips cannot replace lost farmland or preserve true rural character. Once built, the subdivision will permanently alter the area’s hydrology, increase flooding potential, and destroy the open views that define this historic agricultural community. For these reasons, Tepache Farms is not compatible with the terrain, infrastructure, or identity of Burton Road and should be denied for the protection of both the residents and the surrounding environment.
Will this development negatively effect nearby waterways / wildlife?
The only answer is YES!
DNREC Requests the following in their response to the application:
All precautions should be taken to ensure the project does not hinder any off-site drainage upstream of the project or create any off-site drainage problems downstream by the release of on-site storm water.
Is a narrow tar-and-chip road, where two cars can’t safely pass each other, really suitable for a large community?
Our Road is Not Suitable for Additional Wear and Tear
Per the report from DELDOT there is not issues with traffic. We agree. However, it doesn't mention that we are are tar-and-chip road and the width of the road is limiting to the already traffic on the road.
This development is almost 1 Mile (.9) down and tar-and-chip road. Upon reviewing developments east of the proposed location within our area, no development of this size is located on a tar-and-chip road.