2 Del. C. Pt. II, Ch. 21
§ 2101 Declaration of policy.
It is the policy of this State to:
(1) Encourage development that maximizes the economic value to the citizens and the government of the State of both existing and new transportation infrastructure.
(2) Strategically deploy transportation funds in ways that meet the mobility needs of the people of the State at the lowest total economic cost to the people and government of the State.
(3) Encourage transportation solutions that enable the formation of new households in the State that have less than 1 vehicle per adult worker.
§ 2102 Definitions.
As used in this chapter:
(1) “Complete Community Enterprise District” or “District” means an area of a municipality or county, or both, that meets the criteria set forth in §§ 2103 and 2104 of this title.
(2) “Department” means the Department of Transportation.
(3) “Farebox recovery ratio” means the fraction of a transit system’s operating expenses which are met by the fares paid by passengers.
(4) “Isoperimetric quotient” means the ratio of the area of the District to the area of a circle with the same perimeter as the District. It is a measure of how compact a particular defined District is.
(5) “Level of service” means a qualitative measure describing operational conditions within a traffic stream based on service measures such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, and convenience.
(6) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
(7) “Project” means any State-funded capital-related improvement or addition to the State’s transportation infrastructure, including transit systems, facilities, stations and equipment, sidewalks, multi-use paths, protected bicycle lanes, and bicycle boulevards.
§ 2103 District designation.
(a) Any municipality, county, or municipality-county partnership may enter into an agreement with the Department to create a Complete Community Enterprise District.
(1) A municipality, county, or municipality-county partnership and the Department must agree on the boundaries of the District and must create a master development plan for the District that must subsequently be reviewed through the preliminary land use services process under Chapter 92 of Title 29 and adopted into the municipality’s, county’s, or municipality-county partnership’s comprehensive plan.
(2) The master development plan required by paragraph (b)(1) of this section must include enhanced mass transit routes in the District upon its creation.
(3) The master development plan required by paragraph (b)(1) of this section may include the following:
a. A mix of parcels of land zoned for residential, commercial, light industrial, or institutional uses.
b. A guide for the specific design of the physical form, public spaces, and amenities of the District so that transit, walking, and cycling are safe and comfortable modes of travel for all the residents of the District.
c. An agreement on level of service requirements specific to the District.
(c) Once a master development plan has been created, the Department shall conduct a transportation planning study to evaluate existing and proposed future conditions in and around the District boundaries agreed to under this section. The study shall determine the effects of creating the District and identify the projects needed within the District to implement the policies defined in § 2105 of this title and the projects needed outside the District to meet the highway capacity and quality of service standards of the Department and the county or municipality in which the District is located. The Department shall publish this study on its website at least 10 business days prior to any hearing required under § 2662, §4962, or §6962 of Title 9 or § 312 of Title 22.
§ 2104 District requirements.
A Complete Community Enterprise District must meet all of the following requirements:
(1) Be contiguous.
(2) Be more than 1 square mile but less than 9 square miles in area.
(3) Be a compact shape with an isoperimetric quotient of at least 0.7.
(4) Be zoned and otherwise regulated such that the District may be developed at a density that is high enough to enable frequent transit service to the residents of the District.
(5) Exempt all development on all parcels of land included in the District from any municipal or county requirements for the provision of off-street parking.
(6) Contain more total area zoned for residential use than is zoned for commercial or other uses. No parcel of land included in the District may be zoned commercial regional.
§ 2105 District policies.
Once a District has been created, the Department shall:
(1) Develop transit capital improvement projects with the goal of increasing transit ridership in the District that would result in a greater farebox recovery ratio.
(2) Identify the most significant barriers to more trips via walking and cycling in the District and develop capital improvement projects to overcome those barriers.
(3) Assign Department capital improvement projects within a District the highest weight for multi-modal mobility, flexibility/access, as well as the weight equivalent to projects in Transportation Improvement Districts through the Department’s project prioritization process under § 8419 of Title 29.
(4) Establish an engineering design goal of free flowing eighty-fifth percentile motor vehicle traffic speeds of 25 miles per hour or less for all streets and roads that are not limited access in the District.
(5) Refrain from developing any projects that expand road capacity in the District unless the Department can demonstrate that such projects will have no negative effect on transit access, pedestrian safety, or on the percentage of trips that can be made by bicycle under low traffic stress conditions.
§ 2106 Authority, role, and responsibility of municipalities and counties.
Nothing in this chapter may be construed to deny to a municipality or county its final decision making authority over proposed land use planning actions.