Delaware General Assembly

Signed 5/5/16

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

SB 130

3/23/16

McDowell

Sen. Bonini
Reps. Osienski, Keeley

Sen. Blevins, Cloutier, Ennis, Hall-Long, Henry, Lopez, Poore, Sokola, Townsend
Reps. Baumbach, Brady, Briggs King, Heffernan, Longhurst, Mitchell, Mulrooney, Ramone, B. Short, D. Short

AN ACT TO AMEND TITLE 2, TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO TRANSPORTATION AND LAND USE.

This Act defines criteria for a local government to enter into an agreement with the Department of Transportation (“Department”) to create transit-oriented development districts, called Complete Community Enterprise Districts (“District”), for the purposes of promoting economic development. A District may be designated in downtown or urban core areas, traditional towns or villages, or regional activity centers. A District is characterized by its mix of land uses, efficient use of public infrastructure, efficient use of public services, and multiple modes of public transportation combined with environmentally friendly private transportation. This Substitute includes the changes made by Senate Substitute No. 1 to Senate Bill No. 130 and clarifies the Act by doing all of the following: (1) Adding a two-thirds supermajority vote requirement as Section 5 of the Act is an implicit amendment to municipal charters. (2) Defining “level of service”. (3) Providing that the master development plan required by the Act must include enhanced mass transit routes in the District upon its creation. (4) Requiring that the Department conduct and publish transportation planning studies following the creation of a master development plan. (5) Providing that the Act is not intended to deny to a municipality or county its final decision making authority over proposed land use planning actions. (6) Requiring that counties and municipalities provide for a public hearing and public comment when the creation of a District requires changes to zoning classifications or regulations. (7) Making technical corrections to conform language from Senate Substitute No. 1 to Senate Bill No. 130 and from existing law to the guidelines of the Delaware Legislative Drafting Manual. This includes correcting references to Delaware’s Department of Transportation in existing law to conform them to standard usage.

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Takes effect upon being signed into law

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