Read the full stored bill text
Legislation Document
SPONSOR:
Sen. Huxtable & Rep. K. Johnson
Sens. Hoffner, Lockman, Sokola, Sturgeon, Townsend; Reps. Berry, Morrison
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE SUBSTITUTE NO. 1
FOR
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 2. 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
§ 2652. Definitions.
For the purposes of this subchapter:
(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this
subchapter.
subchapter and that is reviewed and certified in accordance with § 9103 of Title 29.
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.
§ 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 and principles. Such 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 and principles. Such 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 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.
§ 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 rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County.
In the event that the County does not complete the rezoning within the required 12 month period, a rezoning request made by a property owner that is consistent with the future land use map and applicable implementing provisions of the comprehensive plan, and that is made within 24 months of the date of adoption of the county comprehensive plan or revisions thereof, must be approved within 90 days of delivery of the application for the rezoning. If a public hearing was held in connection with the adoption or revision of the county comprehensive plan, that hearing shall satisfy all hearing and notice requirements otherwise required for zoning and rezoning under this title.
In the event that 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
§ 4952. Definitions.
For the purposes of this subchapter:
(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this
subchapter.
subchapter and that is reviewed and certified in accordance with § 9103 of Title 29.
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.
§ 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 and principles. Such 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 and principles. Such 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 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.
§ 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) to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County.
In the event that the County does not complete the rezoning within the required 12 month period, a rezoning request made by a property owner that is consistent with the future land use map and applicable implementing provisions of the comprehensive plan, and that is made within 24 months of the date of adoption of the county comprehensive plan or revisions thereof, must be approved within 90 days of delivery of the application for the rezoning. If a public hearing was held in connection with the adoption or revision of the county comprehensive plan, that hearing shall satisfy all hearing and notice requirements otherwise required for zoning and rezoning under this title.
In the event that 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
§ 6952. Definitions.
For the purposes of this subchapter:
(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this
subchapter.
subchapter and that is reviewed and certified in accordance with § 9103 of Title 29.
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.
§ 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 and principles. Such 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 and principles. Such 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 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.
§ 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 rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County.
In the event that the County does not complete the rezoning within the required 12 month period, a rezoning request made by a property owner that is consistent with the future land use map and applicable implementing provisions of the comprehensive plan, and that is made within 24 months of the date of adoption of the county comprehensive plan or revisions thereof, must be approved within 90 days of delivery of the application for the rezoning. If a public hearing was held in connection with the adoption or revision of the county comprehensive plan, that hearing shall satisfy all hearing and notice requirements otherwise required for zoning and rezoning under this title.
In the event that 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.
(h) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the 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.
(h) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the 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.
plan if the plan is consistent with all comprehensive plan requirements under Title 9 for counties or Title 22 for municipalities, as applicable, and with State development policies. If the Governor determines a plan is not consistent with the statutory requirements for comprehensive plans or with State development policies, the Governor shall return the plan to the municipality or county for further revision in accordance with this section. If a plan is returned to a municipality or county for revisions, the municipality or county has 45 days to make the necessary revisions and return the plan to the Governor.
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
§ 9220. 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.
§ 9221. 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 include 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 the following objectives:
(1) Make meaningful and measurable progress towards a strategic goal of having 20% of all housing units in the local jurisdiction be affordable housing.
(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 concurrently with approval of its first comprehensive plan due after June 30, 2026. 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.
(e) At the request of a local jurisdiction, the Delaware State Housing Authority shall provide technical assistance in implementing the elements of the local jurisdiction’s affordable housing plan.
§ 9222. 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 § 9221 (a)(1) o
f this title.
(2) 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.
(3) 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 all of the following 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) If the total housing inventory consists of less than 20% of affordable housing units, revision of 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.
(4) Replacement of discretionary reviews of residential development applications that conform without conditions, variances, or exceptions with the zoning requirements of the local jurisdiction and the comprehensive plan with a by-right administrative review and approval process, which at the discretion of the local jurisdiction, may include a public meeting. A local jurisdiction’s determination of whether to include or not include a public meeting and the procedures of such public meeting supersede the provision of § 4811, § 6811 and § 6812 of Title 9.
(5) 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.
(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.
§ 9223. Reporting requirements.
(a) The Delaware State Housing Authority shall coordinate with the Office of State Planning Coordination to gather information from local jurisdictions regarding their compliance with the affordable housing plans developed under this subchapter.
(b) The Delaware State Housing Authority shall coordinate with the Office of State Planning to develop an annual report showing each local jurisdiction’s progress toward meeting the goals identified in its affordable housing plan.
(c) The Delaware State Housing Authority shall publish the reports required under this section on its website no later than May 15
th
of each year, beginning in 2028.
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. 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 Senate Joint Resolution 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. This Act seeks to address those needs by increasing access to housing for all income levels while allowing local jurisdictions the flexibility to develop their own strategies for doing so.
This Act is a Substitute for Senate Bill No. 23 and differs from Senate Bill No. 23 as follows:
(1) Senate Bill No. 23 gave the comprehensive plans for New Castle County, Kent County, and Sussex County the force of law, as is the case with the comprehensive plans in municipalities. This Substitute removes this provision for all 3 counties, so that only the land use map or map series part of the county comprehensive plan have the force of law, as is currently the case.
(2) Like Senate Bill No. 23, this Substitute reduces the amount of time a County has to rezone to conform land use with its comprehensive plan from 18 to 12 months. This Substitute also adds a provision that if a County does not complete this rezoning within the 12 months, and a property owner makes, within 24 months of the adoption of the comprehensive plan, a rezoning request that is consistent with the comprehensive plan’s future land use map, the rezoning request must be approved within 90 days of delivery of the rezoning application. If more than 24 months have passed since the adoption of the comprehensive plan, this provision does not apply. However, during that 24-month period, as long as a public hearing was held in connection with the comprehensive plan, all hearing and notice requirements otherwise required for zoning and rezoning will be deemed to have been met.
(3) Under Senate Bill No. 23, counties and municipalities were given 20 days to complete revisions to comprehensive plans that were returned by the Governor for further revision. This Substitute increases that period to 45 days. It also clarifies and provides additional detail regarding the revision and certification process.
(4) The requirements for the affordable housing plan under newly created Subchapter III of Chapter 92 of Title 29 have been reduced to reflect the fact that local jurisdictions already include some of the information required under Senate Bill No. 23 in their comprehensive plans.
(5) Senate Bill 23 required a minimum of 4 mandatory elements of an affordable housing plan. This Substitute increases the number of required elements of the affordable housing plan from 4 to 5, with the addition being that an affordable housing plan for a jurisdiction with greater than 10,000 population must include the identification of 1 or more zoning designations that allow and are suitable for residential uses where emergency shelters, group homes, recovery homes, or other supportive housing are allowed as a permitted use without a conditional use or other discretionary permit required.
(6) This Substitute clarifies the conditions under which discretionary reviews of residential development applications are replaced with a by-right process. Specifically, this Substitute provides that if a residential development application conforms without conditions, variances, or exceptions with the zoning requirements of the local jurisdiction and the comprehensive plan, by-right approval applies. Under the by-right process, the local jurisdiction determines whether to hold a public meeting about the application. The local jurisdiction’s determination to hold or not hold a public meeting and the procedures of any public meeting held supersede the provision of 9 Del. C. §§4811, 6811 and 6812, regarding public hearings.
(7) This Substitute removes some of the reporting requirements included in Senate Bill 23 to simplify the process for local jurisdictions. Reporting is still mandatory, and the Delaware State Housing Authority and the Office of State Planning Coordination are still required to publish reported information on the Housing Authority website on an annual basis so that the public can see how local jurisdictions are meeting their obligations under this Act.
(8) Senate Bill No. 23 included technical corrections intended to make current code consistent with the standards of the Delaware Legislative Drafting Manual. This Substitute removes those technical corrections to avoid confusion over which changes were technical, and which were substantive.
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