CHAPTER 522

FORMERLY

HOUSE BILL NO. 506

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 91 AND CHAPTER 92 OF TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PLANNING AND LAND USE PLANNING COORDINATION.

BE IT ENACTED BY THE GENERAL. ASSEMBLY OF TI1E STATE OF DELAWARE:

Section 1. Amend § 9101(e), Title 29 Delaware Code by adding a new subsection "(41" to read as follows:

"(4) Recommendations on land use planning actions that are subject to review and comment pursuant to chapter 92 of this title."

Section 2. Amend § 9101, Title 29 Delaware Code by adding a new subsection "(h)" to read as follows:

"(h) There is hereby established the Office of State Planning Coordination within the Office of the Budget. The administrator and head of the Office of State Planning Coordination shall he the State Planning Coordinator who shall be qualified by training or experience to perform the duties of the office. The Office of State Planning Coordination shall assist in statewide planning matters, and it shall function as an advisory, consultative and coordinating office.

(1) The Office of State Planning Coordination shall provide staffing assistance to the Cabinet Committee on State Planning Issues.

(2) The State Planning Coordinator shall serve as the secretary to the Cabinet Committee on State Planning Issues.

(3) The Office of State Planning Coordination shall collect and coordinate the comments of state agencies regarding land use planning actions pursuant to chapter 92 of this tale in carrying out this function, the Office of State Planning Coordination shall. to the maximum extent possible, reconcile differing opinions and conclusions among agency comments with the objective of providing consistent, timely and useful information to the local government. 'Me Office of State Planning Coordination shall be authorized to represent and speak for the State on land use matters subject to chapter 92 of this title

Section 3. Amend § 9202(4), Title 29 Delaware Code by striking the sentence "Critical areas, however, do not include agricultural lands in productive use."

Section 4. Amend § 9202 (10), Title 29, Delaware Code by striking it in its entirety and renumbering § 9202 (11) to be § 9202 (10).

Section 5. Amend Subchapter 11, Chapter 92, Title 29 Delaware Code by striking therefrom the phrase "Department of Natural Resources and Environmental Control" wherever It appears therein and inserting in lieu thereof the phrase "Office of State Planning Coordination"

Section 6. Amend § 9211, Title 29, Delaware Code by inserting after "A critical area- in § 9211(3) the phrase as identified in an adopted state or local plan and as officially' depicted on maps prepared pursuant to such a plan as guides for land use and public policy investment decisions:" and by adding a new § 9211(5) to read " (5) Extension of a municipal boundary through annexation pursuant to § 101 and § 101 A, Title 22 Delaware Code."

Section 7. Amend §9212, Title 29, Delaware Code by striking the existing §9212 in its entirety.

Section 8. Amend § 9213, Title 29 Delaware Code by striking it in its entirety and inserting in lieu thereof the following:

"§ 9213. Existing County and Municipal Comprehensive Development Plans.

(a) Notwithstanding any provisions of this chapter or other laws, municipalities shall review their respective existing comprehensive development plans for the purpose of determining whether such plans arbitrarily exclude land uses of more than local benefit. The local interest in excluding uses of more than local benefit shall be one factor which may he considered in the determination of whether such use exclusion is arbitrary.

(b) If any municipal jurisdiction determines its existing comprehensive development plan arbitrarily excludes a use of more than local benefit, it shall amend such plan, within three months of such determination, to remedy the arbitrary exclusion.

(c) If the Cabinet Committee on State Planning Issues determines that an existing municipal comprehensive development plan arbitrarily excludes a land use of more than local benefit, the Office of State Planning Coordination shall. within thirty days notify the appropriate municipal jurisdiction of such determination and the reasons therefore.

(d) The municipal jurisdiction shall, within three months thereafter, determine if it agrees with any determination made pursuant to subsection (c) of this section. If the municipal jurisdiction agrees. it shall amend the comprehensive development plan in accordance with subsection (h) of this section. If the municipality disagrees, the decision to retain the plan shall he a land use planning decision and shall be subject to the provisions for review and referral set firth in this chapter.

(e) County jurisdictions shall provide for consideration of land uses of more than local benefit and ensure that such uses are not arbitrarily excluded as part of their responsibilities for adoption of a comprehensive plan for the county as set forth in chapter 26, chapter 46, and chapter 69 respectively of title 9.

Section 9. Amend § 9216(d)(2), Title 29, Delaware Code by striking it therefrom in its entirety and renumbering the remaining subsections.

Section 10. Amend § 9216(d). Title 29. Delaware Code by inserting new subsections (7) and (8)10 read as follows:

"(7) The State Development Goals and land development policy recommendations adopted by the Cabinet Committee on State Planning Issues. as periodically amended;

(8) The long range and use or resource management plans and policies developed by the State and its respective agencies pursuant to the Quality of Life Act as amended, chapter 26, chapter 46, chapter 69 of title 9."

Section 11. Amend § 9218. Tide '9 Delaware Code by striking the section in its entirety and inserting in lieu thereof the following:

§9218. Office of State Planning Coordination's responsibility to local jurisdictions.

"Consistent with § 9101 (h)(3) Title 29, Delaware Code, the Office of State Planning Coordination shall transmit the coordinated comments of state agencies, including its own, if, to the local jurisdiction within 20 working days of receipt of notice pursuant to § 9214 of this title: provided, however that the local jurisdiction may grant reasonable extensions to the comment period."

Section 12. Amend § 9225, Title 19 Delaware Code by striking the existing § 9225 in its entirety and substituting in lieu thereof the following:

"§9225. State land use planning actions subject to process.

State land use planning actions subject to this subchapter are ones of local concern which include, but are not limited to:

(1) Adoption or amendment of State Development Goals and land development policy recommendations by the Cabinet Committee on State Planning Issues;

(2) Adoption or amendments of State agency long range land use or resources management plans and policies pursuant to the Quality of Life Act, as amended, chapter 26, chapter 46, chapter 69 of title 9;

(2) The submission of state agency requested capital improvement budgets and programs to the Budget Director pursuant to chapter 63, title 29;

(3) The transportation capital improvements budget prepared pursuant to chapter 84, Title 29;

(4) Actions relating to planning or construction of major state facilities;

(5) Any land use planning action involving a critical area as defined herein."

Section 13. Amend § 9226, Title 29, Delaware Code by retitling the section "Existing State Plans.", by striking from (a) thereof the phrase "comprehensive development plan", and by striking from (c) thereof the phrase "within 6 months from July 12, 1978" and inserting in lieu thereof the phrase "immediately inform the Office of State Planning Coordination and ".

Section 14. Amend § 9227, Title 29, Delaware Code by replacing the first word of the section, "Any" with the word "any" and inserting immediately before such word the phrase "Except for state agency requests for capital improvement budgets and programs and the transportation capital improvement budget and program" and by inserting the phrase "and to the Office of State Planning Coordination" between the word "jurisdiction" and the period "." in the last sentence thereof.

Section 15. Amend § 9228(b), Title 29 of the Delaware Code by inserting new subsections (8) and (9) to read as follows:

"(8) The State Development Goals and land development policy recommendations adopted by the Cabinet Committee on State Planning Issues, as periodically amended;

(9) The long range land use or resources management plans and policies developed by the State and its respective agencies pursuant to the Quality of Life Act as amended. chapter 26, chapter 46, chapter 69 of title 9."

Section 16. Amend § 9230(b), Title 29, Delaware Code by inserting at the beginning of the subsection the phrase "Except for state agency requests for capital improvement budgets and programs and the transportation capital improvement budget and program," and by replacing the word "Where" with the word "where".

Section 17. Amend Chapter 92, Title 29 of the Delaware Code by deleting Subchapter III in its entirety.

Section 18. Amend Chapter 92, Title 29 of the Delaware Code by deleting § 9221. § 9222, § 9232, and § 9233 in their entirety and inserting in lieu thereof a new section, §9236:

"§9236. Responsibilities of the Advisory Panel on Intergovernmental Planning and Coordination.

The Advisory Panel on Intergovernmental Planning and Coordination shall assist in resolution of disagreements between the state and any local government upon request of either jurisdiction. The Advisory Panel shall serve as an impartial mediator in any such proceedings pursuant to procedures established by the Cabinet Committee, which procedures shall enable each jurisdiction a fair opportunity to present its position to the Advisory Panel. The Advisory Panel's findings and recommendations shall not be binding on either jurisdiction."

Approved July 18. 1996