Delaware General Assembly

Signed 7/30/99

The General Assembly has ended, the current status is the final status.

6/30/99

Cathcart

Reps. Carey, Fallon, Miro, Oberle, VanSant, Ennis, Plant
Sen. Vaughn, Sharp, Connor, Winslow

AN ACT TO AMEND TITLES 9, 14, AND 22 OF THE DELAWARE CODE RELATING TO LAND USE PLANNING AND EDUCATION.

Section 1 of this Act provides that before the first building permit for a residential major record plan is received from the Department of Land Use, the applicant must either obtain verification that the local school district has adequate capacity to handle the increased demand that will be caused by the proposed development or pay a voluntary school assessment for each residential lot or unit. Section 2 of the Act provides that before any building permit may be issued by a municipal corporation for any residential subdivision plan, proposing more than five lots, for lands annexed on or after July 1, 1992, the applicant must either provide a certification that the local school district has adequate capacity to handle the increased demand that will be caused by the proposed residential development or pay a voluntary school assessment for each residential lot or unit. Section 3 of this Act provides that the local share may be met through a referendum or through a combination of other sources, including voluntary school assessments. Section 4 of this bill sets forth the formula for determining the voluntary school assessment. The developer/homebuilder/homebuyer will pay the full amount of the local share. An average of 0.50 new school-aged children per residential unit is assumed. The State will hold the money in trust until such time as the funds are used for actual construction activities (which can include both construction of new schools as well as expansion of existing schools). Low income housing projects shall not be required to pay any voluntary school assessments.

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Takes effect upon being signed into law

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