CHAPTER 198

FORMERLY

SENATE BILL NO. 301

AN ACT TO AMEND CHAPTERS 26, 49, AND 69 OF TITLE 9 AND CHAPTER 92 OF TITLE 29 OF THE DELAWARE CODE RELATING TO INFORMATION CONSIDERED BY THE SUSSEX, KENT, AND NEW CASTLE COUNTY GOVERNMENTS IN THE ZONING, SUBDIVISION, AND LAND USE PROCESS; AND THE PROCESS FOR INTERGOVERNMENT COORDINATION IN LAND USE PLANNING.

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 2659, 4959, and 6959 thereto, respectively, which sections shall read as follows:

"Information from State and Local Agencies and School Districts.

(a) All subdivision plans approved by the county government shall be filed with the Office of the Recorder of Deeds, and with such other State and local agencies as the County may by ordinance require.

(b) As part of its review of a rezoning or subdivision application, the county government through Its designated local planning agency shall request and review information from all State and local agencies and local school districts identified on a list prepared by the county and shall file as part of the record any written information provided by such State and local agencies or local school districts with respect to the rezoning or subdivision application. If the planning agency makes recommendations that
are in conflict with the Information supplied by State and local agencies or local school districts, it must explain its reasons for doing so in writing.

(c) Any State or local agency or local school district which delivers to the head of county government a written request that It be notified of rezoning and subdivision applications shall be Included on the county's list of agencies and school districts from which information shall be requested and reviewed in accordance with subsection (b) of this section."

Section 2. Amend Chapter 92 of Title 29 of the Delaware Code by adding a new Section 9245 which shall read as follows:

19245. Information to be provided by State Agencies

All State agencies, Including those enumerated in §9202(11) of this chapter, shall provide information, including technical information, available to such agencies, when requested to do so by any County or municipality during the review of any rezoning or subdivision application, or any other land use application. The request to the State agency shall be made and the information shall be supplied to the County or municipality within a time period agreed upon between the parties, but the County shall not request such Information less than thirty (30) days prior to, nor shall the State respond less than five (5) days prior to, the date upon which the County or municipal planning agency must finalize recommendations or reach a decision upon said application. In the event the State agency does not respond, the County or municipal planning agency may proceed in the absence of such information."

Approved December 17, 1987