Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 4962
Highway capacity
The county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request” ) without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in paragraphs (2)a. through (2)c. of this section:
# (1)
a. As soon as possible, but in any event no later than June 30, 1988, the county government, through its designated planning agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of Transportation of the effects on traffic of each rezoning application.
b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with county procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation.
c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the County.
d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought.
# (2)
a. The Levy Court, through its local planning agency, shall establish an agreement with the Department of Transportation to designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2.
b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this section and public comment must be permitted at the public hearing.
c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.
Amendment history
66 Del. Laws, c. 217, § 1; 70 Del. Laws, c. 270, § 35; 80 Del. Laws, c. 224, § 3
Source: view the official text
In this title (40 sections)
- 9-4920 · Nonconforming uses of land or buildings
- 9-4921 · Appropriations
- 9-4922 · Conflict between zoning regulations and other laws
- 9-4923 · Residential facilities for persons with disabilities
- 9-4924 · Notice to local school districts of residential zoning changes
- 9-4925 · Changes in zoning
- 9-4926 · Notice to property owners of zoning changes
- 9-4927 · Emergency Communication Systems
- 9-4951 · Short title; intent and purpose
- 9-4952 · Definitions
- 9-4953 · Scope of subchapter
- 9-4954 · Areas under this subchapter
- 9-4955 · Local planning agency
- 9-4956 · Required and optional elements of comprehensive plan; studies…
- 9-4956 · Required and optional elements of comprehensive plan; studies…
- 9-4957 · State responsibilities to local planning agencies
- 9-4958 · Evaluation and appraisal of comprehensive plan
- 9-4959 · Legal status of comprehensive plan
- 9-4960 · County comprehensive plan
- 9-4961 · Information from state and local agencies and school districts
- 9-4962 · Highway capacity
- 9-4999 · Court review of land use actions; limitations on liability of…
- 9-5001 · Appointment of County Engineer; draftsmen; rodmen and…
- 9-5101 · Lighting streets and highways in unincorporated communities…
- 9-5102 · Levy and collection of light tax
- 9-5103 · Light tax; administration of fund; surplus
- 9-5104 · Removal of lights
- 9-5201 · Definitions
- 9-5202 · Establishing a stormwater maintenance district
- 9-5203 · Public hearing
- 9-5204 · Creation of stormwater maintenance district
- 9-5205 · Agreements for stormwater maintenance authorized
- 9-5206 · Award of contracts
- 9-5207 · Levy and collection of stormwater maintenance fee
- 9-5208 · Administration of funds
- 9-5209 · Continuation and termination of contracts; consolidation of…
- 9-5210 · Annual budgeting
- 9-5301 · Authority to issue
- 9-5302 · Limited obligations
- 9-5303 · Form; terms