CHAPTER 270

FORMERLY

SENATE BILL NO. 116

AS AMENDED BY

SENATE AMENDMENT NOS. 1 AND 2 AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COUNTY, STATE, AND LOCAL PLANNING EFFORTS

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

Section 1. Amend § 2603(a), Title 9 of the Delaware Code, by deleting the words

"Chapter 13 of" from the first sentence thereof.

Section 2. Amend § 2652(c), Title 9 of the Delaware Code by deleting the words

"Kent, or Sussex".

Section 3. Amend §2652, Title 9 of the Delaware Code by relettering existing

§2652(b)-(t) as §2652(c)-(u) and by inserting as new §2652(b) the following:

"'Coordination' as used in the this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose."

Section 4. Amend § 2653(a)(3), Title 9 of the Delaware Code by inserting after

"thereof." the following:

"In furtherance of the authority to adopt, amend, and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified low density residential districts, zones or parcels of land to residential districts, zones or areas designated to receive such development rights; provided that such receiving districts, zones, or areas are within the same planning district as defined by the County. Such regulations may provide for the establishment of development right banking. Whenever a County exercises its authority to provide for the transfer of development rights it shall:

(a) Comply with all requirements of this subchapter pertaining to the
amendment of a comprehensive plan;

(b) Provide for the transfer of development rights as a option to the use and
development of the subject property according to the otherwise applicable zoning ordinance;

(c) Limit designation of receiving areas to locations where the County has
determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth; and

(d) Demonstrate that the creation and regulation of both sending and receiving
districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and Statewide Planning Goals and Objectives established pursuant to 29 Delaware Code Chapter 91."

Section 5. Amend § 2656 (c) by inserting as new §2656 (c)(4) the tbilowing:

"(4) To the extent provisions of the Capital Improvements Plan anticipate State financial assistance, involvement, or cooperation, such provisions shall be developed in conjunction with the State Capital Improvement Plan and Annual Capital Budget."

Section 6. Amend § 2656 (e) by inserting at the end thereof the following:

"Such policy statement or coordinated mapping element shall specifically identify the coordination process undertaken and the official action taken by affected municipalities regarding the county comprehensive plan. Such statement or element shall also set forth the procedures to be followed to ensure continuing coordination with municipalities, regional agencies and the State. In addition, the comprehensive plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter."

Section 7. Amend § 2656 (g) (I) by inserting at the end thereof the following:

"Population, demographic, environmental and economic data and projections used to determine present conditions, future land use, and public facility requirements shall be developed in conjunction with the State and municipalities, and shall, as a minimum, consistent with projections officially adopted by the Delaware Population Consortium. The sources and assumptions used to develop such projections shall be clearly identified."

Section 8. Amend § 2656 (g) (2) by striking it in its entirety and by inserting in lieu

thereof the following:

"(2) A mobility element which is consistent with the approved Area-wide Transportation Plan and has been developed in conjunction with the Delaware Department of Transportation. The mobility element shall provide a balanced transportation system addressing the movement of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, rail facilities, terminals, and related facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable transportation choices for future transportation needs. The mobility element shall be consistent with the State Implementation Plan (SIP) for air quality attainment."

Section 9. Amend § 2656 (g)(3) by deleting the last sentence thereof in its entirety

and inserting in lieu thereof the following:

"The water and sewer element shall be developed in consultation with and reviewed by the Delaware Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and shall be consistent with approved Area-wide Wastewater Treatment Plans."

Section 10. Amend § 2656 (g) (4) by inserting at the end thereof the following:

"The conservation element shall also consider areas most suited for agricultural uses, silvacultural uses and watershed protection. The conservation element shall be developed in consultation with and reviewed by the Delaware Department of Agriculture and the Delaware Department of Natural Resources and Environmental Control."

Section 11. Amend § 2656 (g) (5) by striking the last sentence thereof and inserting in

lieu thereof the following:

"The recreation and open space element shall be consistent with the Comprehensive Land Use Plan. The element shall be developed in consultation with and reviewed by the Delaware Department of Natural Resources and Environmental Control and shall reflect the State's open space preservation and outdoor recreation planning activities."

Section 12. Amend § 2656(g)(6) by inserting at the end thereof a new § 2656(g)(6)g as

follows;

"g. Demonstrated coordination with the Delaware State Housing Authority including but not limited to guidelines to insure that sites for publicly assisted housing are located where adequate transportation opportunities, health and social services and other community services are available."

Section 13. Amend § 2656 (g) by inserting at the end thereof as new § 2656(g)(8), § 2656(g)(9) and § 2656(g )(10) the following:

"(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open space locations, and similar matters. To that end, such recommendations may be made available as aids and guides to developers in the future planning and development of land in the area.

(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical, archaeological, architectural, or similar significance. The historical preservation element shall be developed in consultation with and reviewed by the Division of Historical and Cultural Affairs of the Delaware Department of State.

(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and manpower utilization within the area. The element may detail the type of commercial and industrial development sought while correlating the present and projected employment needs of the area to other elements of the plan and may set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include a general area redevelopment component consisting of plans, criteria, and programs for community redevelopment, including reuse of housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities, and other locations. The economic development element shall be developed in consultation with and reviewed by the Delaware Economic Development Office."

Section 14. Amend § 2656(h) by deleting it in its entirety and by inserting in lieu

thereof the following:

"(h) The comprehensive plan may include such other elements as may be peculiar to and/or necessary for the area concerned and as are added by the governing body upon the recommendation of the local planning agency."

Section 15. Amend § 2656(i) by redesignating it as new "§ 2657(a)" and titling new § 2657 as follows: "State Responsibilities to Local Planning Agencies" and renumbering existing § 2657 through § 2661 as § 2658 through § 2662 accordingly.

Section 16. Amend new § 2657 by inserting as new subsection (b) the following:

"(b). The State through the Cabinet Committee on state Planning Issues shall provide to the County for use in the comprehensive planning process State land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic development strategies, and any other information which might reasonably influence the County's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility citing criteria, and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the County to prepare the plan elements required by § 2656 and to clearly set forth the criteria the State will use to review such elements. The Cabinet Committee on State Planning Issues' review of county comprehensive plans as provided herein shall be limited to the plans, policies, criteria, and other information provided to the county. During preparation of the county comprehensive plan, the County and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which consistent with State and County development goals."

Section 17. Amend renumbered § 2658 (existing § 2657) by relettering existing

subsections (a), (b), and (c) as subsections (c), (d), and (e) respectively and adding as new subsections (a) and (b) the following:

"(a) The comprehensive plan shall be presented to the Cabinet Committee on State Planning Issues at such time as the plan is made available for public review. The County shall provide the Committee with sufficient copies of the plan and its supporting documents to facilitate review. The Committee shall consider the plan in a public meeting during which the County will make a presentation of the plan and its underlying goals and development policies. The Committee shall have at least 60 days to review the plan and provide comments and recommendations before adoption of the plan by the County's legislative body. The Committee's review shall include an assessment of the potential fiscal impacts of the proposed County comprehensive plan as they relate to State funded infrastructure, including but not limited to transportation facilities, water and sewer systems, and public schools. The Committee's comments and recommendations shall be submitted in writing and shall be based on such statewide land development goals, policies, and criteria as have been adopted by the Committee, State laws and regulations, and comments from State agencies regarding the various plan elements. The reasons for any State comments or objections, including concerns resulting from the assessment of infrastructure impacts, shall be stated, along with suggestions for improvements or revisions needed to address these comments. The Committee's comments shall be made part of the official record and shall be specifically addressed by the County in adoption of the comprehensive plan.

(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the County where the County's adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with State development policies."

Section 18. Amend newly designated § 2658(c) (existing § 2657(a)) by deleting the second sentence thereof and inserting in lieu thereof the following:

"The local planning agency shall prepare a report on the comprehensive plan, which shall be sent to the Cabinet Committee on State Planning Issues each year after adoption of the comprehensive plan."

Section 19. Amend new § 2658 by inserting as new § 2658(f) the following:

"(t) The Cabinet Committee on State Planning Issues shall prepare an annual assessment report of statewide trends, issues, and opportunities to be submitted to County and local governments, the General Assembly, and the public. The first report shall be prepared by December 3I, 1995."

Section 20. Amend new § 2660(a) by deleting it in its entirety and by inserting in lieu thereof the following:

"(a) The County shall prepare a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than December 31, 1996; provided, however, the County may request an extension of such date by forwarding an official request to the Cabinet Committee on State Planning Issues at least 90 days prior to December 31, 1996. The basis for the request shall be clearly indicated. In no case shall the deadline for submission of a final plan be extended beyond March 31, 1997. Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive plan for zoning, subdivision, and other land use decisions. Such plan shall be updated every five years thereafter."

Section 21. Amend new § 2660 by inserting new subsections (c) and (d) as follows:

"(c) Within one year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues, and opportunities.

(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review pursuant to 29 § 9211."

Section 22. Amend § 4952(c), Title 9 of the Delaware Code by deleting the words "New Castle, or Sussex".

Section 23. Amend §4952 of the Delaware Code by relettering existing §4952(b)-(t) as

§4952(c)-(u) and by inserting as new §4952(b) the following:

"'Coordination' as used in the this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose."

Section 24. Amend Title 9, § 4953(a)(3) of the Delaware Code by inserting after "thereof." the following:

"In furtherance of the authority to adopt, amend, and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a County exercises its authority to provide for the transfer of development rights it shall:

a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;

b. Provide for the transfer of development rights as a option to the use and development of the subject property according to the otherwise applicable zoning ordinance;

c. Limit designation of receiving areas to locations where the County has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth; and

d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and Statewide Planning Goals and Objectives established pursuant to 29 Delaware Code Chapter 9L"

Section 25. Amend § 4956 (c) by inserting as new §4956(c)(4) the following:

"(4) To the extent provisions of the Capital Improvements Plan anticipate State financial assistance, involvement, or cooperation, such provisions shall be developed in conjunction with the State Capital Improvement Plan and Annual Capital Budget."

Section 26. Amend § 4956 (e) by inserting at the end thereof the following:

"Such policy statement or coordinated mapping element shall specifically identify the coordination process undertaken and the official action taken by affected municipalities regarding the county comprehensive plan. Such statement or element shall also set forth the procedures to be followed to ensure continuing coordination with municipalities, regional agencies and the State. In addition, the comprehensive plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter."

Section 27. Amend § 4956 (g) (1) by inserting at the end thereof the following:

"Population, demographic, environment, oil economic data and projections used to determine present conditions, future land use, and public facility requirements shall be developed in conjunction with the State and municipalities, and shall, as a minimum, be consistent with projections officially adopted by the Delaware Population Consortium. The sources and assumptions used to develop such projections shall be clearly identified."

Section 28. Amend § 4956 (g) (2) by striking it in its entirety and by inserting in lieu

thereof the following:

"(2) A mobility element which is consistent with the approved Area-wide Transportation Plan and has been developed in conjunction with the Delaware Department of Transportation. The mobility element shall provide a balanced transportation system addressing the movement of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, rail facilities, terminals, and related facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable transportation choices for future transportation needs. The mobility element shall be consistent with the State Implementation Plan (SIP) for air quality attainment."

Section 29. Amend § 4956 (g)(3) by deleting the last sentence thereof in its entirety

and inserting in lieu thereof the following:

"The water and sewer element shall be developed in consultation with and reviewed by the Delaware Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and shall be consistent with approved Area-wide Wastewater Treatment Plans."

Section 30. Amend § 4956 (g) (4) by inserting at the end thereof the following:

"The conservation element shall also consider areas most suited for agricultural uses, silvacultural uses and watershed protection. The conservation element shall be developed in consultation with and reviewed by the Delaware Department of Agriculture and the Delaware Department of Natural Resources and Environmental Control."

Section 31. Amend § 4956 (g) (5) by striking the last sentence thereof and inserting in

lieu thereof the following:

"The recreation and open space element shall be consistent with the Comprehensive Land Use Plan. The element shall be developed in consultation with and reviewed by the Delaware Department of Natural Resources and Environmental Control and shall reflect the State's open space preservation and outdoor recreation planning activities."

Section 32. Amend § 4956(g)(6) by inserting at the end thereof as new § 4956(g)(6)g

as follows:

"g. Demonstrated coordination with the State Housing Authority including but not limited to guidelines to insure that sites for publicly assisted housing are located where adequate transportation opportunities, health and social services and other community services are available."

Section 33. Amend § 4956 (g) by inserting at the end thereof as new § 4956(g)(8), § 4956(g)(9) and § 4956(g )(10) the following:

"(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open space locations, and similar matters. To that end, such recommendations may be made available as aids and guides to developers in the future planning and development of land in the area.

(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical, archaeological, architectural, or similar significance. The historical preservation element shall be developed in consultation with and reviewed by the Division of Historical and Cultural Affairs of the Delaware Department of State.

(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and manpower utilization within the area. The element may detail the type of commercial and industrial development sought while correlating the present and projected employment needs of the area to other elements of the plan and may set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include a general area redevelopment component consisting of plans, criteria, and programs for community redevelopment, including reuse of housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities, and other locations. The economic development element shall be developed in consultation with and reviewed by the Delaware Economic Development Office."

Section 34. Amend § 4956(h) by deleting it in its entirety and by inserting in lieu

thereof the following:

"(h) The comprehensive plan may include such other elements as may be peculiar to and/or necessary for the area concerned and as are added by the governing body upon the recommendation of the local planning agency."

Section 35. Amend § 4956(i) by redesignating it as new "§ 4957(a)" and titling new §

4957 as, follows: "State Responsibilities to Local Planning Agencies" and renumbering existing § 4957 through § 4961 as § 4958 through § 4962 accordingly.

Section 36. Amend new § 4957 by inserting as new subsection (b) the following:

"(b). The State through the Cabinet Committee on State Planning Issues shall provide to the County for use in the comprehensive planning process: state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimation of existing quantity of natural resources, economic development strategies, and any other information which might reasonably influence the County's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility citing criteria, and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the County to prepare the plan elements required by § 4956 and to clearly set forth the criteria the State will use to review such elements. The Cabinet Committee on State Planning Issues' review of county comprehensive plans as provided herein shall be limited to the plans, policies, criteria, and other information provided to the county. During preparation of the county comprehensive plan, the County and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which consistent with State and County development goals."

Section 37. Amend renumbered § 4958 (existing § 4957) by relettering existing

subsections (a), (b), and (c) as subsections (c), (d), and (e) respectively and adding as new subsections (a) and (b) the following:

"(a) The comprehensive plan shall be presented to the Cabinet Committee on State Planning Issues at such time as the plan is made available for public review. The County shall provide the Committee with sufficient copies of the plan and its supporting documents to facilitate review. The Committee shall consider the plan in a public meeting during which the County will make a presentation of the plan and its underlying goals and development policies. The Committee shall have at least 60 days to review the plan and provide comments and recommendations before adoption of the plan by the County's legislative body. The Committee's review shall include an assessment of the potential fiscal impacts of the proposed County comprehensive plan as they relate to State funded infrastructure, including but not limited to transportation facilities, water and sewer systems, and public schools. The Committee's comments and recommendations shall all be submitted in writing and shall be based on such statewide land development goals, policies, and criteria as have been adopted by the Committee, State laws and regulations, and shall incorporate comments from State agencies regarding the various plan elements. The reasons for any State comments or objections,

including concerns resulting from the assessment of infrastructure impacts, shall be stated, along with suggestions for improvements or revisions needed to address these comments. The Committee's comments shall be made part of the official record and shall be specifically addressed by the County in adoption of the comprehensive plan.

(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the County where the County's adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with State development policies."

Section 38. Amend newly designated § 4958(c) (existing § 4957(a)) by deleting the second sentence thereof and inserting in lieu thereof the following:

"The local planning agency shall prepare a report on the comprehensive plan, which shall be sent to the Cabinet Committee on State Planning Issues each year after adoption of the comprehensive plan."

Section 39. Amend new § 4958 by inserting as new § 4958(f) the following:

"(t) The Cabinet Committee on State Planning Issues shall prepare an annual assessment report of statewide trends, issues, and opportunities to be submitted to County and local governments, the General Assembly, and the public. The first report shall be prepared by December 31, 1995."

Section 40. Amend new § 4960(a) by deleting it in its entirety and by inserting in lieu

thereof the following:

"(a) The County shall prepare a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than December 31, 1996; provided, however, the County may request an extension of such date by forwarding an official request to the Cabinet Committee on State Planning Issues at least 90 days prior to December 31, 1996. The basis for the request shall be clearly indicated. In no case shall the deadline for submission of a final plan be extended beyond March 31, 1997. Upon completion of the comment period set forth in this subchapter, the county government shall solicit public comment and adopt a comprehensive plan for zoning, subdivision, and other land use decisions. Such plan shall be updated every five years thereafter."

Section 41. Amend new § 4960 by inserting new subsections (c) and (d) as follows:

"(c) Within one year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues, and opportunities.

(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review pursuant to 29 Del.0 § 9211."

Section 42. Amend § 6952(c), Title of the Delaware Code by deleting the words "Kent, or New Castle".

Section 43. Amend §6952. Title 9 of the Delaware Code by relettering existing

§6952(b)-(t) as §6952(c)-(u) and by inserting as new §6952(b) the following:

"'Coordination' as used in the this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose."

Section 44. Amend § 6953(a)(3), Title 9 of the Delaware Code by inserting the following at the end of the subparagraph:

"In furtherance of the authority to adopt, amend, and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a County exercises its authority to provide for the transfer of development rights it shall:

a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;

b. Provide for the transfer of development rights as a option to the use and development of the subject property according to the otherwise applicable zoning ordinance;

c. Limit designation of receiving areas to locations where the County has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth; and

d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and Statewide Planning Goals and Objectives established pursuant to 29 Delaware Code Chapter 91."

Section 45. Amend § 6956 (c) by inserting as new §6956(c)(4) the following:

"(4) To the extent provisions of the Capital Improvements Plan anticipate State financial assistance, involvement, or cooperation, such provisions shall be developed in conjunction with the State Capital Improvement Plan and Annual Capital Budget."

Section 46. Amend § 6956 (e) by inserting at the end thereof the following:

"Such policy statement or coordinated mapping element shall specifically identify the coordination process undertaken and the official action taken by affected municipalities regarding the county comprehensive plan. Such statement or element shall also set forth the procedures to be followed to ensure continuing coordination with municipalities, regional agencies and the State. In addition, the comprehensive plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter."

Section 47. Amend § 6956 (g) (1) by inserting at the end thereof the following:

"Population, demographic, environment, and economic data and projections used to determine present conditions, future land use, and public facility requirements shall be developed in conjunction with the State and municipalities, and shall, as a minimum, be based on [consistent with] projections officially adopted by the Delaware Population Consortium. The sources and assumptions used to develop such projections shall be clearly identified."

Section 48. Amend § 6956 (g) (2) by striking it in its entirety and inserting in lieu

thereof the following:

"(2) A mobility element which is consistent with the approved Area-wide Transportation Plan and has been developed in conjunction with the Delaware Department of Transportation. The mobility element shall provide a balanced transportation system addressing the movement of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, rail facilities, terminals, and related facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable transportation choices for future transportation needs. The mobility element shall be consistent with the State Implementation Plan (SIP) for air quality attainment."

Section 49. Amend § 6956 (g)(3) by deleting the last sentence thereof in its entirety

and inserting in lieu thereof the following:

"The water and sewer element shall be developed in consultation with and reviewed by the Delaware Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and shall be consistent with approved Area-wide Wastewater Treatment Plans."

Section 50. Amend § 6956 (g) (4) by inserting at the end thereof the following:

"The conservation element shall also consider areas most suited for agricultural uses, silvacultural uses and watershed protection. The conservation element shall be developed in consultation with and reviewed by the Delaware Department of Agriculture and the Delaware Department of Natural Resources and Environmental Control."

Section 51. Amend § 6956 (g) (5) by striking the last sentence thereof and inserting in

lieu thereof the following:

"The recreation and open space element shall be consistent with the Comprehensive Land Use Plan. The element shall be developed in consultation with and reviewed by the Delaware Department of Natural Resources and Environmental Control and shall reflect the State's open space preservation and outdoor recreation planning activities."

Section 52. Amend § 6956(g)(6) by inserting at the end thereof as new § 6956(g)(6)g

as follows:

"g. Demonstrated coordination with the State Housing Authority including but not limited to guidelines to insure that sites for publicly assisted housing are located where adequate transportation opportunities, health and social services and other community services are available."

Section 53. Amend § 6956 (g) by inserting at the end thereof as new § 6956(g)(8), §

6936(g)(9) and § 6956(g )(10) the following:

"(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open space locations, and similar matters. To that end, such recommendations may be made available as aids and guides to developers in the future planning and development of land in the area.

(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical, archaeological, architectural, or similar significance. The historical preservation element shall be developed in consultation with and reviewed by the Division of Historical and Cultural Affairs of the Delaware Department of State.

(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and manpower utilization within the area. The element may detail the type of commercial and industrial development sought while correlating the present and projected employment needs of the area to other elements of the plan and may set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include a general area redevelopment component consisting of plans, criteria, and programs for community redevelopment, including reuse of housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities, and other locations. The economic development element shall be developed in consultation with and reviewed by the Delaware Economic Development Office."

Section 54. Amend § 6956(h) by deleting it in its entirety and inserting in lieu thereof

the following:

"(h) The comprehensive plan may include such other elements as may be peculiar to and/or necessary for the area concerned and as are added by the governing body upon the recommendation of the local planning agency."

Section 55. Amend § 6956(i) by redesignating it as new "§ 6957(a)" and titling new §

6957 as follows: "State Responsibilities to Local Planning Agencies" and renumbering existing § 6957 through § 6961 as § 6958 through § 6962 accordingly.

Section 56. Amend new § 6957 by inserting as new subsection (b) the following:

"(b). The State through the Cabinet Committee on State Planning Issues shall provide to the County for use in the comprehensive planning process: state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, economic development strategies, and any other information which might reasonably influence the County's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility citing criteria, and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the County to prepare the plan elements required by § 6956 and to clearly set forth the criteria the State will use to review such elements. The Cabinet Committee on State Planning Issues' review of county comprehensive plans as provided herein shall be limited to the plans, policies, criteria, and other information provided to the county. During preparation of the county comprehensive plan, the County and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which consistent with State and County development goals."

Section 57. Amend renumbered § 6958 (existing § 6957) by relettering existing

subsections (a), (b), and (c) as subsections (c), (d), and (e) respectively and adding as new subsections (a) and (b) the following:

"(a) The comprehensive plan shall be presented to the Cabinet Committee on State Planning Issues at such time as the plan is made available for public review. The County shall provide the Committee with sufficient copies of the plan and its supporting documents to facilitate review. The Committee shall consider the plan in a public meeting during which the County will make a presentation of the plan and its underlying goals and development policies. The Committee shall have at least 60 days to review the plan and provide comments and recommendations before adoption of the plan by the County's legislative body. The Committee's review shall include an assessment of the potential fiscal impacts of the proposed County comprehensive plan as they relate to State funded infrastructure, including but not limited to transportation facilities, water and sewer systems, and public schools. The Committee's comments and recommendations shall all be submitted in writing and shall be based on such statewide land development goals, policies, and criteria as have been adopted by the Committee, State laws and regulations, and shall incorporate comments from State agencies regarding the various plan elements. The reasons for any State comments or objections, including concerns resulting from the assessment of infrastructure impacts, shall be stated, along with suggestions for improvements or revisions needed to address these comments. The Committee's comments shall be made part of the official record and shall be specifically addressed by the County in adoption of the comprehensive plan.

(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the County where the County's adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with State development policies."

Section 58. Amend newly designated § 6958(c) (existing § 6957(a)) by deleting the second sentence thereof and inserting in lieu thereof the following:

"The local planning agency shall prepare a report on the comprehensive plan, which shall be sent to the Cabinet Committee on State Planning Issues each year after adoption of the comprehensive plan."

Section 59. Amend new § 6958 by inserting as new § 6958(f) the following:

"(f) The Cabinet Committee on State Planning Issues shall prepare an annual assessment report of statewide trends, issues, and opportunities to be submitted to County and local governments, the General Assembly, and the public. The first report shall be prepared by December 31, 1995."

Section 60. Amend new § 6960(a) by deleting it in its entirety and by inserting in lieu

thereof the following:

"(a) The County shall prepare a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than December 31. 1996; provided, however, the County may request an extension of such date by forwarding an official request to the Cabinet Committee on State Planning Issues at least 90 days prior to December 31, 1996. The basis for the request shall be clearly indicated. In no case shall the deadline for submission of a final plan be extended beyond March 31, 1997. Upon completion of the comment period set forth in this subchapter, the county government shall solicit public comment and adopt a comprehensive plan for zoning, subdivision, and other land use decisions. Such plan shall be updated every five years thereafter."

Section 61. Amend new § 6960 by inserting new subsections (c) and (d) as follows:

"(c) Within one year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues, and opportunities,

(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review pursuant to 29 Del.C,§ 9211."

Approved July 19, 1995