Delaware Code Title 9 Sec. 4957 – State responsibilities to local planning agencies
(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data and information is currently available or readily accessible to the County within budgetary limitations.
Terms Used In Delaware Code Title 9 Sec. 4957
- Coordination: as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose. See Delaware Code Title 9 Sec. 4952
- County: means Kent County. See Delaware Code Title 9 Sec. 4952
- Development: means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions. See Delaware Code Title 9 Sec. 4952
- Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 4952
- Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 4952
- Public facilities: means major capital improvements over which the County has jurisdiction. See Delaware Code Title 9 Sec. 4952
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the County’s future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the county to prepare the plan elements required by § 4956 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals.
66 Del. Laws, c. 207, § ?1; 70 Del. Laws, c. 270, §§ ?35, 36; 74 Del. Laws, c. 186, § ?9; 78 Del. Laws, c. 92, § ?10;