HOUSE BILL NO. 235
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND
SENATE AMENDMENT NO. 2
AN ACT TO AMEND CHAPTER 91, TITLE 29 OF THE DELAWARE CODE RELATING TO DEVELOPMENT OF IMPACT FEES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 91, Title 29, Delaware Code by adding a new Subchapter II as follows:
"Subchapter II. Development of State Impact Fees.
§ 9103. Findings.
(a) The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the State of Delaware. It is the intent of this chapter to:
(1) ensure that adequate public facilities are available to serve new growth and development;
(2) promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;
(3) establish standards for the determination of Impact Fees for State facilities and services; and
(4) ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
§ 9104. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(a) 'Advisory Council' means the Governor's Advisory Council on Planning Coordination established in Title 29, Delaware Code, § 9102;
(b) 'Community' means those areas designated as communities in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(c) 'Developing Area' means those areas designated as a developing area in the strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(d) 'Development' means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities;
(e) 'Environmentally Sensitive Developing Area' means those areas designated as an environmentally sensitive developing area in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(f) 'Impact Fee' means a payment of money imposed upon development as a condition of development approval to pay for a Proportionate Share of the cost of System Improvements needed to serve new growth and development;
(g) 'Proportionate Share' means that portion of the cost of System Improvements that is reasonably related to the service demands and needs of the project;
(h) 'Rural Area' means those areas designated as a rural area in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(i) 'State Public Facilities' means:
(1) roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any local components of State or federal Highways;
(2) transit facilities;
(3) State-provided police service;
(4) State-provided emergency services; and
(j) 'System Improvement Costs' means costs incurred to provide additional State Public Facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;
(k) 'System Improvements' means capital improvements that are public facilities and are designed to provide service to the community at large.
§ 9105. Development of Impact Fees.
(a) In addition to its responsibilities set forth above in § 9102 of this chapter, the Advisory Council shall develop a schedule of Impact Fees, for Development throughout the State. The Advisory Council may engage a qualified consultant to assist in development of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services in areas where minimal investment is planned by the State.
(b) The schedule of Impact Fees shall include proposed Impact Fees for Development with respect to each of the State Public Facilities identified in § 9104(i) of this chapter.
(c) The schedule of Impact Fees shall include recommended fee levels for Development in Environmentally Sensitive Developing Areas, Secondary Developing Areas, and Rural Areas. The schedule of Impact Fees shall not recommend Impact Fees for Communities or Developing Areas.
(d) The schedule of Impact Fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the General Assembly on or before January 15, 2002. The schedule of Impact Fees shall be accepted, rejected, or modified by the Joint Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation.
(e) Impact Fees developed pursuant to this section shall not exceed the Proportionate Share of the cost of System Improvements, as defined in this subchapter.
§ 9106. County Impact Fees.
(a) County governments may develop and establish impact fees for services for which the County will bear increased costs of development. These areas may include but are not limited to:
water and sewer construction;
fire-house construction; and
(b) Impact Fees established pursuant to this section shall include fee levels for Development in the Environmentally Sensitive Developing Areas, Secondary Developing Areas, and Rural Areas. Impact Fees shall not be established for Communities or Developing Areas.
§9108. Farm Residences.
No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary residence, and either i) are actively farming the land, or ii) are relatives of the owners of the parcel of land."
Section 2. The timing, means and manner of collecting Impact Fees to be established by this subchapter, and the State's use of any proceeds therefrom, shall be provided for in future legislation.
Approved July 13, 2001