CHAPTER 440

FORMERLY

HOUSE BILL NO. 778

AN ACT AUTHORIZING AND PROVIDING FOR THE APPROVAL OF THE CONSTRUCTION, MAINTENANCE AND OPERATION BY THE DEPARTMENT OF CORRECTION OF A WOMEN'S CORRECTIONAL FACILITY ON CERTAIN LANDS OWNED BY THE STATE OF DELAWARE.

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

Section 1. The Department of Correction is hereby authorized to construct, maintain and operate a women's correctional facility which shall provide housing for not more than 200 female inmates to be located on certain lands owned by the State of Delaware, located west of the former Penn Central Railroad tracks and north of Interstate 295, which lands include a portion of the grounds housing the main headquarters campus of the Department of Health and Social Services including the Delaware State Hospital, and other State-owned lands adjacent thereto, said lands being more specifically described as a portion of New Castle County Tax Parcel No. 10-009.00-007 and Parcel No. 10-009.00-001; provided, however, that the Department shall not use those residential streets designated as Central Avenue, Lovelace Avenue, McMullen Avenue, Robinson Drive and Lea Drive to provide vehicular access to said women's correctional facility.

Section 2. Notwithstanding any statute, ordinance, regulation or other provision of law to the contrary, zoning approval for the women's correctional facility described in Section 1 of this Act shall be solely by ordinance which shall be processed and considered by the government of New Castle County in accordance with the following provisions. The New Castle County Department of Planning and Planning Board shall, within 75 days of the effective date of this Act, deliver their recommendation to the County Council. The County Council shall hold a public hearing and render its decision not more than 90 days after the effective date of this Act. Upon the failure of the Department of Planning or Planning Board or both to deliver their recommendation to the County Council as required herein, the County Council shall consider and act upon the ordinance in accordance with the deadlines established in this Section without said recommendation. In the event that the County Council shall fail to act upon or render its decision on such ordinance in accordance with the deadlines established in this Section, the ordinance shall be deemed adopted by County Council, and the Clerk of Council shall immediately, upon the close of the 90th day following the effective date of this Act forward such ordinance to the County Executive of New Castle County for his action thereon. In the event that the County Executive shall sign such ordinance, it shall become effective immediately upon his signature. In the event that the County Executive shall not return such ordinance to the office of the Clerk of County Council within 10 calendar days after it shall have been presented to him or if such ordinance shall be returned after the 10 day period without the County Executive's approval, such ordinance shall become effective upon the expiration of the 10 day period as if the County Executive had approved and signed it.

Section 3. Notwithstanding any statute, ordinance, regulation or other provision of law to the contrary, no application for a special exception, special permit or any other approvals by the New Castle County Board of Adjustment shall be required with respect to any matter relating to the zoning approval for the women's correctional facility described in this Act. Upon actual or constructive adoption of an ordinance in accordance with this Act, the Department of Correction shall be authorized to proceed to construct, operate, and maintain a women's correctional facility on the property described in such ordinance to the same extent as if any special exception, special permit, or other Board of Adjustment approval otherwise required by statute, ordinance, regulation or other provision of law had been granted.

Section 4. This Act shall become effective immediately upon the signature of the Governor.

Approved August 2, 1990.