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Legislation Document
SPONSOR:
Sen. Huxtable & Rep. K. Johnson
Sens. Lockman, Sokola, Townsend; Reps. Berry, Morrison, Romer
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 23
AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HOUSING SUPPLY AND HOUSING AFFORDABILITY.
WHEREAS, Delawareans of all income levels deserve to have access to housing they can afford; and
WHEREAS, the 2023 Delaware State Housing Authority’s Statewide Housing Needs Assessment concluded that 50% of Delaware renters and 21% of Delaware homeowners are “cost burdened”, meaning rent or mortgage payments consume 30% or more of the household’s gross income; and
WHEREAS, Delaware lacks sufficient affordable housing to meet the needs of its residents, with an estimated shortage of nearly 20,000 affordable units to meet the needs of renters with incomes of less than 50% of the Area Median Income; and
WHEREAS,
municipalities and counties in this State are required to engage in an comprehensive planning process that takes housing into account, but the process can fall short when it comes to actually increasing the supply of housing, particularly affordable housing, for Delaware residents; and
WHEREAS,
zoning codes play a critical role in shaping housing supply and affordability, and can be used to support a range of policy goals related to housing, including an increased supply of affordable housing and more diversity in the types of housing available; and
WHEREAS,
zoning codes can also impede strategic growth and development in the housing realm if they are not consistent with best practices; and
WHEREAS, the April 2025 Affordable Housing Production Task Force Final Report identified local zoning reform as essential to increasing housing supply and diversity, stating that “changes are needed at the local level to enable more diverse housing types”, and recommending the creation of a legislative framework for such changes; and
WHEREAS
, Senate Joint Resolution No. 8 from the 153
rd
General Assembly created a technical assistance pilot aimed at helping local jurisdictions modify their zoning ordinances to better support development, including housing development, in this State; and
WHEREAS, while several local jurisdictions have taken advantage of the resources afforded by Senate Joint Resolution No. 8 to modernize their zoning codes, addressing housing supply and affordability require a comprehensive, statewide approach that goes beyond voluntary participation and technical assistance; and
WHEREAS, requiring local jurisdictions to take zoning-related measures to increase the supply and diversity of housing, particularly affordable housing, while providing them with flexibility as to method, is a reasonable and measured approach to closing this State’s housing gaps.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Subchapter II, Chapter 26, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter II. The Quality of Life Act
§ 2651. Short title; intent and purpose.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities,
counties
counties,
and the State and to encourage and assure coordination of planning and development activities of units of County Council, municipalities, regional
agencies
agencies,
and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter
shall be
is
an acceptable comprehensive plan. The
land use map or map series forming part of the
comprehensive plan
as
required by this
subchapter
subchapter, including the land use map or map series forming part of the plan,
shall have
has
the force of law, and
no
development, as defined in this subchapter, shall be
development is not
permitted except in conformity with the
comprehensive plan and the
land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
§ 2652. Definitions.
For the purposes of this subchapter:
(2) “Comprehensive plan” or “comprehensive development plan”
shall mean,
means,
from and after the respective dates by which the counties must
be in compliance
comply
with this subchapter, a plan that meets the requirements of this
subchapter. Wherever in this subchapter land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and county land use regulations enacted to implement the other elements of the adopted comprehensive plan.
subchapter and is reviewed and certified in accordance with § 9103 of Title 29.
§ 2656. Required and optional elements of comprehensive plan; studies and surveys [Effective until Nov. 15, 2026].
(f) The comprehensive plan and its elements shall contain policy recommendations
and a timeline
for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(6) A housing element that is consistent with county housing plans,
standards
standards,
and principles.
Such
County
housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:
h. An affordable housing plan that complies with
Subchapter III of Chapter 92 of Title 29
.
§ 2656. Required and optional elements of comprehensive plan; studies and surveys [Effective Nov. 15, 2026].
(f) The comprehensive plan and its elements shall contain policy recommendations
and a timeline
for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(6) A housing element that is consistent with county housing plans,
standards
standards,
and principles.
Such
County
housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:
h. An affordable housing plan that complies with
Subchapter III of Chapter 92 of Title 29
.
§ 2658. Evaluation and appraisal of comprehensive plan.
(b) The State
shall not be
is not
obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the County where the County’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with state development
policies.
policies, including policies related to affordable housing.
§ 2659. Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by County Council in conformity with this subchapter, the
land use map or map series forming part of the
comprehensive
plan
plan, including the land use map or map series,
as required by this subchapter
shall have
has
the force of law, and
no
development, as defined in this subchapter, shall be
development is not
permitted except in conformity with the
land use map or map series and with land development regulations enacted to implement the other elements of the adopted
comprehensive plan.
§ 2660. County comprehensive plan.
(e) Within
18
12
months of the date of adoption of the county comprehensive plan or revisions thereof, New Castle County shall amend its official zoning
map or
maps to
administratively
rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County.
Administrative rezoning under this subsection satisfies all hearing and notice requirements otherwise required for zoning and rezoning under this title if a public hearing was held in connection with the adoption or revision of the county comprehensive plan.
In the event that
If
the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County’s zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
Section 2. Amend Subchapter II, Chapter 49, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter II. The Quality of Life Act
§ 4951. Short title; intent and purpose.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities,
counties
counties,
and the State and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional
agencies
agencies,
and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter
shall be
is
an acceptable comprehensive plan. The
land use map or map series forming part of the
comprehensive plan
as
required by this
subchapter
subchapter, including the land use map or map series forming part of the plan,
shall have
has
the force of law, and
no development, as defined in this subchapter, shall be
development is not
permitted except in conformity with the
comprehensive plan and the
land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
§ 4952. Definitions.
For the purposes of this subchapter:
(2) “Comprehensive plan” or “comprehensive development plan”
shall mean,
means,
from and after the respective dates by which the counties must
be in compliance
comply
with this subchapter, a plan that meets the requirements of this
subchapter. Whenever in this subchapter land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and county land use regulations enacted to implement the other elements of the adopted comprehensive plan.
subchapter and is reviewed and certified in accordance with § 9103 of Title 29.
§ 4956. Required and optional elements of comprehensive plan; studies and surveys [Effective until Nov. 15, 2026].
(f) The comprehensive plan and its elements shall contain policy recommendations
and a timeline
for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(6) A housing element that is consistent with county housing plans,
standards
standards,
and principles.
Such
County
housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:
h. An affordable housing plan that complies with
Subchapter III of Chapter 92 of Title 29
.
§ 4956. Required and optional elements of comprehensive plan; studies and surveys [Effective Nov. 15, 2026].
(f) The comprehensive plan and its elements shall contain policy recommendations
and a timeline
for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(6) A housing element that is consistent with county housing plans,
standards
standards,
and principles.
Such
County
housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:
h. An affordable housing plan that complies with
Subchapter III of Chapter 92 of Title 29
.
§ 4958. Evaluation and appraisal of comprehensive plan.
(b) The State
shall not be
is not
obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the county where the County’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with State development
policies.
policies, including policies related to affordable housing.
§ 4959. Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by
County Council or
Levy Court in conformity with this subchapter, the
land use map or map series forming part of the
comprehensive
plan
plan, including the land use map or map series,
as required by this subchapter
shall have
has
the force of law, and
no development, as defined in this subchapter, shall be
development is not
permitted except in conformity with the
land use map or map series and with land development regulations enacted to implement the other elements of the adopted
comprehensive plan.
§ 4960. County comprehensive plan.
(e) Within
18
12
months of the date of adoption of the county comprehensive plan or revision thereof, Kent County shall amend its official zoning
map(s)
maps
to
administratively
rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County.
Administrative rezoning under this subsection satisfies all hearing and notice requirements otherwise required for zoning and rezoning under this title if a public hearing was held in connection with the adoption or revision of the county comprehensive plan.
In the event that
If
the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County’s zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
Section 3. Amend Subchapter II, Chapter 69, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter II. The Quality of Life Act
§ 6951. Short title; intent and purpose.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities,
counties
counties,
and the State and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional
agencies
agencies,
and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter
shall be
is
an acceptable comprehensive plan. The
land use map or map series forming part of the
comprehensive plan
as
required by this
subchapter
subchapter, including the land use map or map series forming part of the plan,
shall have
has
the force of law, and
no development, as defined in this subchapter, shall be
development is not
permitted except in conformity with the
comprehensive plan and the
land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
§ 6952. Definitions.
For the purposes of this subchapter:
(2) “Comprehensive plan” or “comprehensive development plan”
shall mean,
means,
from and after the respective dates by which the counties must
be in compliance
comply
with this subchapter, a plan that meets the requirements of this
subchapter. Whenever in this subchapter land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and county land use regulations enacted to implement the other elements of the adopted comprehensive plan.
subchapter and is reviewed and certified in accordance with § 9103 of Title 29.
§ 6956. Required and optional elements of comprehensive plan; studies and surveys [Effective until Nov. 15, 2026].
(f) The comprehensive plan and its elements shall contain policy recommendations
and a timeline
for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(6) A housing element that is consistent with county housing plans,
standards
standards,
and principles.
Such
County
housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:
h. An affordable housing plan that complies with
Subchapter III of Chapter 92 of Title 29
.
§ 6956. Required and optional elements of comprehensive plan; studies and surveys [Effective Nov. 15, 2026].
(f) The comprehensive plan and its elements shall contain policy recommendations
and a timeline
for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(6) A housing element that is consistent with county housing plans,
standards
standards,
and principles.
Such
County
housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:
h. An affordable housing plan that complies with
Subchapter III of Chapter 92 of Title 29
.
§ 6958. Evaluation and appraisal of comprehensive plan.
(b) The State
shall not be
is not
obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the county where the county’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with State development
policies.
policies, including policies related to affordable housing.
§ 6959. Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by County Council
or Levy Court
in conformity with this subchapter, the
land use map or map series forming part of the
comprehensive
plan
plan, including the land use map or map series,
as required by this subchapter
shall have
has
the force of law, and
no development, as defined in this subchapter, shall be
development is not
permitted except in conformity with the
land use map or map series and with land development regulations enacted to implement the other elements of the adopted
comprehensive plan.
§ 6960. County comprehensive plan.
(e) Within
18
12
months of the date of adoption of the county comprehensive plan or revisions thereof, Sussex County shall amend its official zoning
map or
maps to
administratively
rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County.
Administrative rezoning under this subsection satisfies all hearing and notice requirements otherwise required for zoning and rezoning under this title if a public hearing was held in connection with the adoption or revision of the county comprehensive plan.
In the event that
If
the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County’s zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
Section 4. Amend § 702, Title 22 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 702. Comprehensive development plan [Effective until Nov. 15, 2026].
(b) Comprehensive plan means a document in text and maps, containing at a minimum, a municipal development strategy setting forth the jurisdiction’s position on population and housing growth within the jurisdiction, expansion of its boundaries, development of adjacent areas, redevelopment potential, community character,
and
the general uses of land within the community, and critical community development and infrastructure issues. The comprehensive planning process shall demonstrate coordination with other municipalities, the county and the State during plan
preparation.
preparation and comprehensive plans must be reviewed and certified by the State under § 9103 of Title 29.
The comprehensive plan for municipalities of greater than 2,000 population shall also contain, as appropriate to the size and character of the jurisdiction, a description of the physical, demographic and economic conditions of the jurisdiction; as well as policies, statements, goals and planning components for public and private uses of land, transportation, economic development, affordable housing, community facilities, open spaces and recreation, protection of sensitive areas, community design, adequate water and wastewater systems, protection of historic and cultural resources, annexation and such other elements which in accordance with present and future needs, in the judgment of the municipality, best promotes the health, safety, prosperity and general public welfare of the jurisdiction’s residents.
The comprehensive plan for municipalities of greater than 2,000 population must also include an affordable housing plan consistent with Subchapter III of Chapter 92 of Title 29.
(c) The comprehensive plan shall be the basis for the development of zoning regulations as permitted
pursuant to
under
Chapter 3 of this title. Should a jurisdiction exercise its authority to establish municipal zoning regulations
pursuant to
under
Chapter 3 of this title, it shall, within
18
12
months of the adoption of a comprehensive development plan or revision thereof, amend its official zoning map to
administratively
rezone all lands within the municipality in accordance with the uses of land provided for in the comprehensive development plan.
Notwithstanding any law to the contrary, an administrative rezoning under this subsection satisfies all hearing and notice requirements otherwise required for zoning and rezoning if a public hearing was held in connection with the adoption or revision of the municipal comprehensive plan.
(h) The State is not obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by a municipality where the municipality’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with state development policies, including policies related to affordable housing.
§ 702. Comprehensive development plan [Effective Nov. 15, 2026].
(b) Comprehensive plan means a document in text and maps, containing at a minimum, a municipal development strategy setting forth the jurisdiction’s position on population and housing growth within the jurisdiction, expansion of its boundaries, development of adjacent areas, redevelopment potential, community character,
and
the general uses of land within the community, and critical community development and infrastructure issues. The comprehensive planning process shall demonstrate coordination with other municipalities, the county and the State during plan
preparation.
preparation and comprehensive plans must be reviewed and certified by the State under § 9103 of Title 29.
The comprehensive plan for municipalities of greater than 2,000 population shall also contain, as appropriate to the size and character of the jurisdiction, a description of the physical, demographic and economic conditions of the jurisdiction; as well as policies, statements, goals and planning components for public and private uses of land, transportation, economic development, affordable housing, community facilities, open spaces and recreation, protection of sensitive areas, climate change and resiliency, community design, adequate water and wastewater systems, protection of historic and cultural resources, annexation and such other elements which in accordance with present and future needs, in the judgment of the municipality, best promotes the health, safety, prosperity and general public welfare of the jurisdiction’s residents.
The comprehensive plan for municipalities of greater than 2,000 population must also include an affordable housing plan consistent with Subchapter III of Chapter 92 of Title 29.
(c) The comprehensive plan shall be the basis for the development of zoning regulations as permitted
pursuant to
under
Chapter 3 of this title. Should a jurisdiction exercise its authority to establish municipal zoning regulations
pursuant to
under
Chapter 3 of this title, it shall, within
18
12
months of the adoption of a comprehensive development plan or revision thereof, amend its official zoning map to
administratively
rezone all lands within the municipality in accordance with the uses of land provided for in the comprehensive development plan.
Notwithstanding any law to the contrary, an administrative rezoning under this subsection satisfies all hearing and notice requirements otherwise required for zoning and rezoning if a public hearing was held in connection with the adoption or revision of the municipal comprehensive plan.
(h) The State is not obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by a municipality where the municipality’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with state development policies, including policies related to affordable housing.
Section 5. Amend § 9103, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9103. Comprehensive Plan Review and Certification Process.
(f) Within 20 days of receipt of the findings and recommendations from the Cabinet Committee, the Governor shall certify the comprehensive plan or return the comprehensive plan to the municipality or county for revision.
The municipality or county shall have the right to accept or reject any or all of the recommendations. The final decision on the adoption of the comprehensive plan is that of the municipality or county.
Once the municipality or county has completed its revisions to the comprehensive plan, which it must do with 20 days of receiving the request for revisions from the Governor, the municipality or county shall return the revised comprehensive plan to the Governor for final review and certification.
Section 6. Amend
§
9202, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 9202. Definitions.
For the purpose of this chapter:
(1) “Affordable housing” means housing that is affordable to households making up to 80% of the AMI for rental units and up to 120% of the AMI income for homeownership units.
(3) “Area median income” or “AMI” means the median income for households based on household size and geographic area as established annually by the U.S. Department of Housing and Urban Development.
Section 7. Amend Chapter 92, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter III. Affordable Housing Act
§ 9207. Purpose.
The purpose of this subchapter is to increase the supply and diversity of housing in this State for all income levels by supporting local jurisdictions in their efforts to close housing supply gaps, including affordable housing supply gaps, through measures such as rezoning to allow for higher-density development and more diverse housing types.
§ 9208. Affordable housing plans
.
(a) A local jurisdiction that has a population greater than 2,000 and that is required to adopt a comprehensive plan under Title 9, Title 22, or this title must develop an affordable housing plan consistent with this subchapter as part of its comprehensive plan. The affordable housing plan must establish a concrete strategy with clearly defined and measurable goals and outcomes to accomplish both of the following objectives:
(1) Provide that a minimum of 20% of all housing inventory in the local jurisdiction will be affordable housing units.
(2) Diversify the types of housing, including affordable housing, available in the local jurisdiction.
(b) An affordable housing plan developed under this subchapter must be reviewed and approved by the Director of the Delaware State Housing Authority. A local jurisdiction must obtain approval of its initial affordable housing plan concurrent with approval of its comprehensive plan. Thereafter, an affordable housing plan must be included in every comprehensive plan.
(c) An affordable housing plan must be developed through an open and inclusive process, which must take place concurrently with the comprehensive plan development process.
(d) Once an affordable housing plan is approved by the Director of the Delaware State Housing Authority, it becomes incorporated into the local jurisdiction’s comprehensive plan and has the force of law.
§ 9209. Required and optional elements of affordable housing plans.
(a) An affordable housing plan developed under this subchapter must do all of the following:
(1) Clearly state the local jurisdiction’s goals, policies, and objectives for increasing the housing supply for all income levels, including how the local jurisdiction will achieve the requirement under paragraph § 9208 (a)(1) o
f this title.
(2) Provide an inventory of existing affordable housing.
(3) Provide an analysis of existing and projected housing needs for all income levels, including market-rate and affordable housing, and an assessment of barriers to meeting those needs. The analysis and assessment must include all of the following:
a. An analysis of population and employment trends and projections.
b. An inventory of land suitable and available for residential development of housing for all income levels, including vacant sites and sites that have potential for redevelopment but may need to be rezoned.
c.
An analysis of the relationship of the sites identified in the land
inventory to fair housing principles.
d. An analysis of any special housing needs, such as those of the elderly, individuals with disabilities, very low-income households, agricultural workers, seasonal workers, and families in need of emergency housing shelter. The analysis must include a description of any local efforts to provide for any identified special housing needs.
e. For local jurisdictions with a population greater than 10,000, identification of 1 or more zoning designations that allow and are suitable for residential uses where emergency housing shelters, group homes, recovery homes, or other supportive housing are allowed as a permitted use without a conditional use or other discretionary permit required.
f. An analysis of existing and potential constraints on the maintenance, improvement, or development of housing for all income levels, including zoning ordinances or land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, historical preservation practices and policies, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis must also identify efforts by the local jurisdiction to reduce the impacts of the identified constraints and set forth a plan for removing the constraints.
g. An analysis of incentives and programs for the conversion of existing vacant retail, office, or other commercial space to residential use, including identification of specific sites suitable for such conversion.
h. An assessment of how regulations related to bulk standards, minimum lot sizes, minimum lot widths, minimum setbacks, minimum unit size, maximum lot coverage limitations, and maximum building height limitations impact zoning for affordable housing and housing diversity.
(4) Describe existing or planned efforts for the development of affordable housing, or, if such efforts do not exist, efforts that the local jurisdiction will undertake to increase or improve affordable housing.
(5) Describe existing financial resources that may be used to further affordable housing goals and estimate the additional funding that would be required to achieve those goals.
(6) Provide a timeline showing how the local jurisdiction will achieve the affordable housing objectives established in the affordable housing plan.
(b) An affordable housing plan must include the following 4 elements for increasing housing diversity and production, including for affordable housing, in the local jurisdiction:
(1) Increases in maximum permitted residential density, including increases in the number of dwelling units permitted per acre in order to facilitate an affordable and diverse housing stock.
(2)
Authorization for a mix of housing types, including single-family detached, single-family attached, duplexes, triplexes, multifamily dwellings, accessory dwelling units, cottage housing developments, and manufactured housing without the need for a conditional use permit or special exception.
(3) Revise bulk standards, including minimum lot sizes, maximum lot widths, minimum setbacks, minimum unit size, maximum lot coverage, maximum building heights, and dedicated open space requirements if the total housing inventory consists of less than 20% of affordable housing units.
(4) Replacement of discretionary reviews of residential development applications
that conform with the zoning requirements of the local jurisdiction with a by-right administrative review and approval process.
(c) An affordable housing plan must include at least 5 of the following elements for increasing housing production, including affordable housing production, in the local jurisdiction:
(1) Provision of density bonuses or other incentives for including affordable housing units in residential and mixed-use developments, which may include additional permitted dwelling units per acre, additional building height, reduced parking requirements, or reduced open space requirements.
(2) Creation of transit-oriented development zoning designations with significant increases in density along fixed transportation routes, including buses, trains, and other means of public transportation. Transit-oriented development zoning designations must include the reduction or elimination of minimum parking requirements for residential developments located within any of the following areas:
a. ¼ mile of a transit stop.
b. A designated town center.
c. A mixed-use zoning district.
(3) Creation of expedited or accelerated permit review and approval timelines for residential development units that include affordable housing units.
(4) Provision of fee waivers, reductions, or deferrals for residential development units that include affordable housing
.
(5) Reduction or waiver of local impact fees for any affordable housing unit.
(6) Facilitation of diverse housing types at different price points by adopting form-based codes or other alternative development standards in areas designated for growth in the comprehensive plan.
(7) Amendment of land use regulations to allow single-room occupancy housing as a permitted use in at least 1 residential zone.
(8) Amendment of land use regulations to allow transitional housing or emergency shelters as a permitted use in at least 1 residential zone.
(9) Amendment of land use regulations to allow as a permitted use the conversion of commercial, office, and retail spaces into mixed-use and residential use without burdensome bulk and area standards or conditions such as parking requirements, setbacks, height restrictions, or open space requirements.
(10) Designation of at least 1 residential zone where multifamily housing is a permitted use by right, or if such zoning already exists, allowing for a substantial increase, through zoning or rezoning, in the amount of land zoned to allow additional multifamily housing as a permitted use by right.
§ 9210. Implementation.
(a) Zoning changes necessitated by a local jurisdiction’s adoption of the affordable housing plan elements under § 9209(b) and § 9209(c) of this title must be implemented within 12 months of the certification of the local jurisdiction’s comprehensive plan.
(b) At the request of the local jurisdiction, the Delaware State Housing Authority shall provide technical assistance to local jurisdictions in implementing the elements of affordable housing plans within the timeframe required under this section.
§ 9211. Reporting requirements.
(a) The Delaware State Housing Authority shall coordinate with the Office of State Planning Coordination to create a template for local jurisdictions to use in reporting their compliance with affordable housing plans developed and implemented under this subchapter.
(b) The template created for purposes of subsection (a) of this section must request, at minimum, all of the following information for each local jurisdiction with an affordable housing plan:
(1) The number of residential building permits issued by the local jurisdiction during the previous calendar year.
(2) The number of residential building permits issued by the local jurisdiction for affordable housing units during the previous calendar year.
(3) The percentage of all housing units in the local jurisdiction that met the definition of affordable housing in § 9202 of this title during the previous calendar year.
(4) A narrative description of zoning or other changes made during the previous calendar year to increase the supply and diversity of affordable housing in the local jurisdiction.
(5) Any other information that the Delaware State Housing Authority deems relevant in assessing the effectiveness of efforts to advance affordable housing in this State.
(d) Each local jurisdiction with an affordable housing plan must submit all information requested in the template to the Office of State Planning and the Delaware State Housing Authority no later than March 15
th
of each year.
(e) The Delaware State Housing Authority must publish the reports required under this section on its website no later than May 15
th
of each year.
Section 8. This Act may be cited as “The Housing for Every Delawarean Act”.
SYNOPSIS
This Act aims to increase this State’s supply of housing for Delawareans. Despite rapid development, Delaware is facing a significant and growing shortage of affordable housing. Senate Joint Resolution No. 8 of the 1st session of the 153rd General Assembly created a pilot program designed to encourage local zoning reform efforts that would help increase affordable housing. While several local jurisdictions have taken advantage of the assistance offered by SJR 8, the scope of the problem is statewide, and it will take more than isolated local reform to scale up housing production, particularly affordable housing production, to the degree necessary to meet this State’s needs. To that end, this Act does the following:
Sections 1 through 3 amend the requirements for comprehensive plans for New Castle, Kent, and Sussex Counties. Current statute specifies that only the land use map or map series part of the comprehensive plan has the force of law. Under this Act, the entire comprehensive plan would have the force of law, as is the case in municipalities. This means that no development will be permitted in the Counties that is not in conformity with the comprehensive plan. These Sections also create a new requirement that the housing element of a comprehensive plan must include an affordable housing plan, the contents of which are dictated by newly created Subchapter III of Chapter 92 of Title 29. These Sections also change the amount of time a County has to administratively rezone from the date of adopting a comprehensive plan from 18 months to 12 months. No additional public meetings beyond those required to be held in connection with the comprehensive plan are required to accomplish administrative rezoning.
Section 4 amends Title 22 to require municipalities with populations of greater than 2,000 to develop affordable housing plans as part of their comprehensive plans. As with the counties, the municipalities must meet the affordable housing plan requirements under newly created Subchapter III of Chapter 92 of Title 29. This section also reduces the amount of time from comprehensive plan adoption to rezoning, which is to be done administratively and without the need for additional public meetings beyond those required for the comprehensive plan, from 18 months to 12 months.
Section 5 amends the comprehensive plan review and certification process under Chapter 91 of Title 29 to remove the ability of counties and municipalities to reject the comprehensive plan once it has been certified by the Governor or returned to the county for revision. If a comprehensive plan is returned to a county or municipality for revision, the county or municipality has 20 days to make any revisions and return the plan to the Governor for review and certification.
Section 6 adds definitions related to affordable housing to Chapter 92 of Title 29.
Section 7 creates the Affordable Housing Act in Title 29 and establishes the requirements for affordable housing plans that must be included in all county comprehensive plans, and all municipal comprehensive plans for municipalities with populations greater than 2,000. Affordable housing plans, which must be approved by the Delaware State Housing Authority as part of the comprehensive planning process, are focused on identifying a local jurisdiction’s housing needs and developing strategies and timelines for addressing them. The Delaware State Housing Authority will review each local jurisdiction annually for compliance with its affordable housing plan. These reports will be available on the Delaware State Housing Authority’s website.
Section 8 provides that this Act may be cited as “The Housing for Every Delawarean Act”.
In making these changes, this Act seeks to increase access to housing for all income levels while allowing local jurisdictions the flexibility to develop their own strategies for doing so.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because the amendments it makes to Title 22 of the Delaware Code would indirectly amend the charter of one or more incorporated municipalities.
Author: Senator Huxtable