Bill Text: DE HB396 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 9 Of The Delaware Code Relating To Zoning.
Spectrum: Slight Partisan Bill (Republican 11-4)
Status: (Engrossed - Dead) 2016-06-22 - Assigned to Executive Committee in Senate [HB396 Detail]
Download: Delaware-2015-HB396-Draft.html
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SPONSOR: |
Rep. B. Short & Rep. D. Short & Sen. Simpson |
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Reps. Baumbach, Hensley, Hudson, Keeley, Miro, Paradee, Spiegelman, Wilson; Sens. Hocker, Lavelle, Lopez, Richardson |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 396 |
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AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ZONING. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1.This Act shall be known and may be cited as the "Bring New Jobs to Delaware Act."
Section 2. Amend Chapter 26, Title 9 of the Delaware Code by inserting a new Section 2663 as shown by underline as follows:
§ 2663.Expedited review of plans with job-creation impact.
New Castle County shall, no later than 180 days after the enactment of this legislation, adopt an expedited review process for all land use plans for properties with an office, business park, manufacturing or industrial zoning classification of any kind and involving either (i) more than 75,000 square feet of new space, or (ii) the creation or addition of at least 60 new, full-time permanent jobs in New Castle County.The expedited review process shall create a review timeline which allows for review, final approval and, if required, recordation of a land use plan within 9 months of the plan's submission, provided that all non-County permits and approvals necessary for County approval have been obtained.Residential and commercial retail projects shall not be eligible for this expedited review process.In order to assist in expediting plan review, the expedited process shall allow the review process to begin when the plan is submitted to the Office of State Planning under Chapter 92 of Title 29 for review.Plans under expedited review shall have priority in the plan review process over plans not under expedited review.In order to assist in defraying any additional costs which may be associated with expedited review, the County may charge a one-time expedited review process fee of up to $20,000 in addition to its other plan review charges of which up to $5,000 may be given to state agencies to defray their costs.State agencies which are involved in the approval process shall use best efforts to timely review and comment upon plans reviewed under this section.An applicant with a project qualifying for expedited review need not elect expedited review.
Section 3.Amend Chapter 49, Title 9 of the Delaware Code by inserting a new section 4963 as shown by underline as follows:
§ 4963.Expedited review of plans with job-creation impact.
Kent County shall, no later than 180 days after the enactment of this legislation, adopt an expedited review process for all land use plans for properties with an office, business park, manufacturing or industrial zoning classification of any kind and involving either (i) more than 75,000 square feet of new space, or (ii) the creation or addition of at least 60 new, full-time permanent jobs in Kent County.The expedited review process shall create a review timeline which allows for review, final approval and, if required, recordation of a land use plan within 9 months of the plan's submission, provided that all non-County permits and approvals necessary for County approval have been obtained.Residential and commercial retail projects shall not be eligible for this expedited review process.In order to assist in expediting plan review, the expedited process shall allow the review process to begin when the plan is submitted to the Office of State Planning under Chapter 92 of Title 29 for review.Plans under expedited review shall have priority in the plan review process over plans not under expedited review.In order to assist in defraying any additional costs which may be associated with expedited review, the County may charge a one-time expedited review process fee of up to $20,000 in addition to its other plan review charges of which up to $5,000 may be given to state agencies to defray their costs.State agencies which are involved in the approval process shall use best efforts to timely review and comment upon plans reviewed under this section.An applicant with a project qualifying for expedited review need not elect expedited review.
Section 3.Amend Chapter 69, Title 9 of the Delaware Code by inserting a new Section 6963 as shown by underline as follows:
§ 6963.Expedited review of plans with job-creation impact.
Sussex County shall, no later than 180 days after the enactment of this legislation, adopt an expedited review process for all land use plans for properties with an office, business park, manufacturing or industrial zoning classification of any kind and involving either (i) more than 75,000 square feet of new space, or (ii) the creation or addition of at least 60 new, full-time permanent jobs in Sussex County.The expedited review process shall create a review timeline which allows for review, final approval and, if required, recordation of a land use plan within 9 months of the plan's submission, provided that all non-County permits and approvals necessary for County approval have been obtained.Residential and commercial retail projects shall not be eligible for this expedited review process.In order to assist in expediting plan review, the expedited process shall allow the review process to begin when the plan is submitted to the Office of State Planning under Chapter 92 of Title 29 for review.Plans under expedited review shall have priority in the plan review process over plans not under expedited review.In order to assist in defraying any additional costs which may be associated with expedited review, the County may charge a one-time expedited review process fee of up to $20,000 in addition to its other plan review charges of which up to $5,000 may be given to state agencies to defray their costs.State agencies which are involved in the approval process shall use best efforts to timely review and comment upon plans reviewed under this section.An applicant with a project qualifying for expedited review need not elect expedited review.
SYNOPSIS
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The time and delay associated with the review of land use projects is often a factor in determining whether a potential employer comes to Delaware or not.This bill is designed to provide an expedited review process for projects likely to have significant economic impact.It applies to new office, manufacturing and industrial uses, and excludes new residential projects and commercial (i.e., retail) projects. |
