Delaware General Assembly


CHAPTER 195

FORMERLY

HOUSE BILL NO. 389

AN ACT TO AMEND CHAPTERS 26, 30, 48, 49, 68 AND 69, TITLE 9 OF THE DELAWARE CODE REQUIRING NOTICE TO LOCAL SCHOOL DISTRICTS BEFORE APPROVAL OF ZONING CHANGES OR SUBDIVISION PLANS.

WHEREAS, Increased development In Delaware can affect the quality of life, Including the quality of education; and

WHEREAS, county governments can make decisions concerning the planring and development of the three counties; and

WHEREAS, school districts are one of the major systems most effected by development and need to know the proposed Impact of new constructions; and

WHEREAS, the county government should work together with the school districts before any new development occurs, as this allows for Input from educators, lessening the possibility of too rapid growth for the existing area schools; and

WHEREAS, preserving he quality of life, while allowing for a manageable growth is the goal for all parties Involved.

NOW, THEREFORE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapters 26, 49 and 69 of Title 9 of the Delaware Code by adding new Sections 2613, 4924 and 6924 respectively to read as follows:

"Notice to Local School Districts of Residential Zoning Changes.

With respect to any proposed residential zoning change the County government shall notify the local school district for the area at least seven (7) days prior to the initial hearing upon such residential zoning change."

Section 2. Amend Chapters 30, 48 and 68 of Title 9 of the Delaware Code by adding new Sections 3012, 4819 and 6820 respectively to read as follows:

"Notice to Local School Districts of Residential Subdivision Plans Or Changes in Residential Subdivision Plans that Increase Density.

With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that Increases residential density, the county government shall notify the local school district for the area at least seven (7) days prior to any such approval process,"

Approved December 17,1987