CHAPTER 122

FORMERLY

SENATE BILL NO. 124

AN ACT TO AMEND TITLE 9 AND 22 OF THE DELAWARE CODE RELATING TO COUNTY AND MUNICIPAL PLANNING AND ZONING PROVISIONS REGARDING TRANSFER OF DEVELOPMENT RIGHTS.

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

Section 1. Amend §2653(a)(3), Title 9, Delaware Code, by deleting, in the second sentence thereof, the phrase “development rights from identified low density residential districts, zones, or parcels of land to residential districts, zones or areas” and substituting in lieu thereof the phrase “development rights from identified residential and non-residential districts, zones or parcels of land to residential and non-residential districts, zones, parcels or areas”.

Section 2. Amend §2653(a)(3), Title 9, Delaware Code, by adding a new §2653(a)(3)e. to read as follows:

“e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.”

Section 3. Amend § 4953(a)(3), Title 9, Delaware Code, by adding a new § 4953(a)(3)e. to read as follows:

“e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.”

Section 4. Amend § 6953(a)(3), Title 9, Delaware Code, by adding a new § 6953(a)(3)e. to read as follows:

“e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.”

Section 5. Amend Chapter 3, Title 22, Delaware Code, by adding a new § 310 to read as follows:

Ҥ 310. Transfer of Development Rights; Receiving Zones.

For any or all the purposes provided in § 301 of this title, the legislative body of the municipality is expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones, or parcels from any unincorporated area in any county to districts, zones, or parcels designated to receive such development rights, and to enter into agreements with counties for such purposes. Whenever a municipality exercises its authority to provide for the receipt of development rights it shall:

(a) Have adopted a comprehensive plan as required by this chapter and conform thereto;

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

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

(d) Demonstrate that the creation and regulation of receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plans of the municipality and the statewide planning goals and objectives established pursuant to Chapter 91 of Title 29; and

(e) Provide for appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with counties which would permit the transfer and use of development rights between counties and municipalities.”

Approved July 02,1999