SB 186

Abstract

This Act enables Sussex County to use the Voluntary School Assessment (VSA) to address the impact of residential development on school capacity. The following is a summary of the Act’s 3 sections: Section 1 of the Act amends Chapter 69 of Title 9 of the Delaware code pertaining to zoning in Sussex County. It amends § 6961 of Title 9 to add a new subsection (d) that enables Sussex County to require residential developers to provide a certification from the Secretary of the Department of Education concerning school capacity prior to recording a major record subdivision plan; however, no certification is required where the proposed development is (i) restricted to providing housing predominantly for individuals 55 years of age or older; (ii) for low income housing; or (iii) the developer has pledged to pay a VSA. Section 1 also amends § 6961 to provide that to the extent Sussex County has adopted or adopts any regulations linking or restricting residential developments to school capacity, such regulations are preempted. Section 2 of the Act amends § 842 of Title 22 of the Delaware code, pertaining to school capacity for municipal corporations, to remove specific references to New Castle County. It also revises § 842 to provide that subsection (b) applies to all new residential subdivision plans over 5 units in size for lands located within or annexed into a municipality on or after July 1, 1992; previously, subsection (b) only applied to such lands annexed into a municipality after July 1, 1992. Section 3 of the Act amends § 103 of Title 14 of the Delaware code to conform with the changes to the code contained in Section 1 of this Act, to provide that in calculating the VSA, the average cost per child shall take into account offsite roadway improvements required by the state transportation department, and to remove a specific reference to New Castle County.