2016 Delaware Code
Title 9 - Counties
CHAPTER 26. ZONING
Subchapter II The Quality of Life Act
§ 2653. Scope of subchapter.

(a) The County shall have power and responsibility:

(1) To plan for their future development and growth.

(2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth.

(3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified residential and nonresidential districts, zones or parcels of land to residential and nonresidential districts, zones, parcels or areas designated to receive such development rights; provided that such receiving districts, zones or areas are within the same planning district as defined by the county. Such regulations may provide for the establishment of development right banking. Whenever a county exercises its authority to provide for the transfer of development rights it shall:

a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;

b. Provide for the transfer of development rights as an option to the use and development of the subject property according to the otherwise applicable zoning ordinance;

c. Limit designation of receiving areas to locations where the county has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth; and

d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and statewide planning goals and objectives established pursuant to Chapter 91 of Title 29.

e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.

(4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this subchapter.

(b) Each County Council shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter.

66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 4; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 122, §§ 1, 2.;