CHAPTER 217

FORMERLY

SENATE BILL NO. 327

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 26, CHAPTER 49 AND CHAPTER 69, TITLE 9 OF THE DELAWARE CODE, RELATING TO ROAD CAPACITY CRITERIA FOR RE-ZONING.

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 subsections 2661, 4961 and 6961 thereto respectively which Sections shall read as follows:

"Highway_Capacity

(a) The County Government shall not approve any proposed change in the zoning

classification for and (i.e., any 'rezoning request') without first complying with the following procedures:

(1) As soon as possible, but in any event no later than June 30, 1988, the County Government, through its designated planning agency, shall establish an agreement with the Delaware Department of Transportation (De1DOT) to provide a procedure for analysis by De1DOT of the effects on traffic of each rezoning application.

(1) Each such agreement shall be approved by a resolution or ordinance,
consistent with county procedures, and shall establish traffic level of service suitable to the county and De1DOT.

(2) The purpose of the agreement shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the county.

(3) The agreement shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought."

Section 2. Copies of the agreement required by this section, when established, shall be

sent to the Governor, the President Pro Tem of the Senate, the Speaker of the House of Representatives, and the Chairpersons of the House Transportation Committee and the Senate Highways and Transportation Committee.

Section 3. Any agreement or memorandum of understanding between a County Government and the Department of Transportation concerning the subject matter of this Act which Is In effect as the effective date of this Act shall continue in force by Its terms until the agreement required by Section 1 of this Act shall take effect.

Approved February 5, 1988.