CHAPTER 477

FORMERLY

HOUSE BILL NO. 396

AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPAL PLANNING.

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

Section I. Amend § 702, Title 22, Delaware Code, by striking it in its entirety and inserting in lieu thereof the following:

"§ 702. Comprehensive development plan.

(a) A planning commission established by any incorporated municipality under this chapter shall prepare a comprehensive plan for the city or town or portions thereof as the commission deems appropriate. It is the purpose of this section to encourage the most appropriate uses of the physical and fiscal resources of the municipality and the coordination of municipal growth, development, and infrastructure investment actions with those of other municipalities, counties and the State through a process of municipal comprehensive planning.

(b) Comprehensive plan means a document in text and maps, containing at a minimum, a municipal development strategy setting forth the jurisdiction's position on population and housing growth within the jurisdiction, expansion of its boundaries, development of adjacent areas, redevelopment potential, community character, and the general uses of land within the community, and critical community development and infrastructure issues. The comprehensive planning process shall demonstrate coordination with other municipalities, the county, and the State during plan preparation. The comprehensive plan for municipalities of greater than 2,000 population shall also contain, as appropriate to the size and character of the jurisdiction, a description of the physical, demographic, and economic conditions of the jurisdiction; as well as policies, statements, goals, and planning components for public and private uses of land, transportation, economic development, affordable housing, community facilities, open spaces and recreation, protection of sensitive areas, community design, adequate water and wastewater systems, protection of historic and cultural resources, annexation, and such other elements which in accordance with present and future needs, in the judgment of the municipality, best promotes the health, safety, prosperity, and general public welfare of the jurisdiction's residents.

(c) The comprehensive plan shall be the basis for the development of zoning regulations as permitted pursuant to chapter 3 of this title.

(d) After a comprehensive plan or portion thereof has been adopted by the municipality in accordance to this chapter, the comprehensive plan shall have the force of law and no development shall be permitted except as consistent with the plan.

() At least every five years a municipality shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the municipality or in the surrounding areas. The adopted comprehensive plan shall be revised, updated, and amended as necessary, and re-adopted at least every ten years.

() Municipalities shall file their adopted comprehensive plan with the Office of State Planning Coordination within 90 days of the effective date of this section, and within 90 days after any re-adoption or revision, update, or amendment thereto. Municipalities shall further provide to the Office of State Planning Coordination by December 31 of each year a report describing implementation of their comprehensive

plan and identifying development issues, trends, or conditions since the plan was last adopted or amended."

Approved July 17, 1998