The purpose of this subchapter is to increase the supply and diversity of housing in this State for all income levels by supporting local jurisdictions in their efforts to close housing supply gaps, including affordable housing supply gaps, through measures such as rezoning to allow for higher-density development and more diverse housing types.

85 Del. Laws, c. 343, § 7; 

(a) A local jurisdiction that has a population greater than 2,000 and that is required to adopt a comprehensive plan under Title 9, Title 22, or this title must include an affordable housing plan consistent with this subchapter as part of its comprehensive plan. The affordable housing plan must establish a concrete strategy with clearly defined and measurable goals and outcomes to accomplish all of the following objectives:

(1) Make meaningful and measurable progress towards a strategic goal of having 20% of all housing units in the local jurisdiction qualify as affordable housing.

(2) Diversify the types of housing, including affordable housing, available in the local jurisdiction.

(b) An affordable housing plan developed under this subchapter must be developed in collaboration with the Delaware State Housing Authority. Once an affordable housing plan is adopted, it becomes incorporated into the local jurisdiction’s comprehensive plan.

(c) A local jurisdiction must adopt its initial affordable housing plan concurrently with its next comprehensive plan, except as provided under subsection (d) of this section. Thereafter, an affordable housing plan must be included in every comprehensive plan.

(d) Notwithstanding the timeframe provided for under subsection (c) of this section, a local jurisdiction that adopts its next comprehensive plan before February 1, 2027, is not required to adopt its first affordable housing plan or comply with the requirements under § 9222 of this title until its next 5-year comprehensive plan review.

(e) An affordable housing plan must be developed through an open and inclusive process, which must take place concurrently with the comprehensive plan development process.

(f) At the request of a local jurisdiction, the Delaware State Housing Authority shall provide technical assistance in implementing the local jurisdiction’s affordable housing plan.

85 Del. Laws, c. 343, § 7; 

(a) An affordable housing plan developed under this subchapter must do all of the following:

(1) Clearly state the local jurisdiction’s goals, policies, and objectives for increasing the housing supply for all income levels, including how the local jurisdiction will achieve the requirement under § 9221(a)(1) of this title.

(2) Describe existing or planned efforts for the development of affordable housing, or, if such efforts do not exist, efforts that the local jurisdiction will undertake to increase or improve affordable housing.

(3) Provide a timeline showing how the local jurisdiction will achieve the affordable housing objectives established in the affordable housing plan.

(b) An affordable housing plan must include all of the following elements for increasing housing diversity and production, including for affordable housing, in the local jurisdiction:

(1) Increases in maximum permitted residential density, including increases in the number of dwelling units permitted per acre in order to facilitate an affordable and diverse housing stock.

(2) Authorization for a mix of housing types, including single-family detached, single-family attached, duplexes, triplexes, multifamily dwellings, accessory dwelling units, cottage housing developments, and manufactured housing without the need for a conditional use permit or special exception.

(3) Evaluation of bulk standards, including minimum lot sizes, maximum lot widths, minimum setbacks, minimum unit size, maximum lot coverage, maximum building heights, and dedicated open space requirements, as those standards relate to achieving maximum permitted residential density.

(c) An affordable housing plan must include at least 5 of the following elements for increasing housing production, including affordable housing production, in the local jurisdiction:

(1) Provision of density bonuses or other incentives, which may include additional permitted dwelling units per acre, additional building height, reduced parking requirements, or reduced open space requirements, for including affordable housing units in residential developments or developments that are mixed-use with a majority residential component.

(2) Creation of transit-oriented development zoning designations with significant increases in density along fixed transportation routes, including buses, trains, and other means of public transportation.

(3) Creation of expedited or accelerated permit review and approval timelines for residential development units that include affordable housing units.

(4) Provision of fee waivers, reductions, or deferrals for residential development units that include affordable housing.

(5) Reduction or waiver of local impact fees for any affordable housing unit.

(6) Facilitation of diverse housing types at different price points by adopting form-based codes or other alternative development standards in areas designated for growth in the comprehensive plan.

(7) Amendment of land use regulations to allow single-room occupancy housing as a permitted use in at least 1 residential zone.

(8) Amendment of land use regulations to allow transitional housing, emergency housing shelters, group homes, recovery homes, or other supportive housing as a permitted use in at least 1 residential zone.

(9) Amendment of land use regulations to allow as a permitted use the conversion of commercial, office, and retail spaces into residential use or mixed-use with a majority residential component.

(10) Designation of at least 1 residential zone where multifamily housing is a permitted use by-right as defined in § 9223 of this title, or if such zoning already exists, allowing for a substantial increase, through zoning or rezoning, in the amount of land zoned to allow additional multifamily housing as a permitted use by-right as defined in § 9223 of this title.

(11) Implementation of another strategy for increasing and diversifying affordable housing that has been approved by the Delaware State Housing Authority for the purpose of meeting the obligations of this subsection.

(d) Any elements included in this section that a local jurisdiction has completed or made significant and measurable progress towards completing on or after July 17, 2024, may be counted towards satisfying the requirements of this section.

85 Del. Laws, c. 343, § 7; 

(a) For purposes of this section:

(1) “By-right” means a use identified as a permitted use within a zoning district under a local zoning ordinance that complies with all applicable objective standards and requirements and does not require a rezoning, conditional use permit, special exception, or variance.

(2) “Objective standards” means standards that are measurable, uniformly applicable, and not subject to discretionary personal judgment.

(b) A residential development application for a use that is permitted by-right under the zoning ordinance of a local jurisdiction shall be reviewed through an administrative review and approval process.

(c) Nothing in this section prohibits a local jurisdiction from requiring review or approval by a planning commission, planning board, or other administrative body, provided the review is limited to determining compliance with applicable objective standards.

(d) A local jurisdiction may hold a public meeting for a residential development application described in subsection (b) of this section. Any ordinances or regulations adopted to govern a public meeting held under this subsection must provide for a public meeting that meets all of the following criteria:

(1) Does not constitute and is not conducted as a public hearing.

(2) Is limited to determining compliance with applicable objective standards and requirements.

(3) May allow for public comment, provided all such comment is made only through written submission.

(e) This section supersedes any inconsistent public hearing requirements applicable to a residential development application described in subsection (b) of this section, including public hearing requirements in §§ 4811, 6810, 6811, and 6812 of Title 9. This section does not impact hearings required in conjunction with Board of Adjustment appeals.

85 Del. Laws, c. 343, § 7; 

(a) The Delaware State Housing Authority shall coordinate with the Office of State Planning Coordination to gather information from local jurisdictions regarding their compliance with the affordable housing plans developed under this subchapter.

(b) The Delaware State Housing Authority shall coordinate with the Office of State Planning Coordination to develop an annual report showing each local jurisdiction’s progress toward meeting the goals identified in its affordable housing plan.

(c) The Delaware State Housing Authority shall publish the reports required under this section on its website no later than May 15 of each year, beginning in 2028.

85 Del. Laws, c. 343, § 7;