Delaware § 9203 Local land use planning actions subject to review process

Delaware Statutes

§ 9203 — Local land use planning actions subject to review process

Delaware § 9203

JurisdictionDelaware

Title29

PartState Planning and Property Acquisition

Ch. 92LAND USE PLANNING

Subch.Pre-application Reviews

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Bluebook

Del. Code tit. 29, § 9203 (2026).

Text

(a)All projects meeting any 1 of the following criteria shall undergo a pre-application meeting and review process as set forth in this chapter:

(1)Major residential subdivisions with internal road networks and more than 50 units, excluding previously recorded residential subdivisions of any size which have not been sunsetted.

(2)Any nonresidential subdivision involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential subdivision regardless of floor area size, or any site plan review involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential site plan review regardless of floor area size. Notwithstanding t

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(a) All projects meeting any 1 of the following criteria shall undergo a pre-application meeting and review process as set forth in this chapter:

(1) Major residential subdivisions with internal road networks and more than 50 units, excluding previously recorded residential subdivisions of any size which have not been sunsetted.

(2) Any nonresidential subdivision involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential subdivision regardless of floor area size, or any site plan review involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential site plan review regardless of floor area size. Notwithstanding this paragraph (a)(2), economic development projects are exempt from the pre-application meeting and review process, unless required by a local jurisdiction, through a memorandum of understanding between a local jurisdiction and the Office of State Planning Coordination or by ordinance.

(3) Rezonings, conditional uses, site plan reviews and/or subdivisions, within environmentally sensitive areas, as identified within any local jurisdiction’s comprehensive plan as certified under § 9103 of this title.

(4) Annexations inconsistent with the local jurisdiction’s comprehensive plan as certified under § 9103 of this title.

(5) Applications for rezoning if not in compliance with the local jurisdiction’s comprehensive plan as certified under § 9103 of this title.

(6) Any other project which is required to be referred to the State for pre-application review by local jurisdiction regulations.

(7) Any local land use regulation, ordinance or requirement referred to the Office of State Planning Coordination by a local jurisdiction for the purpose of providing the jurisdiction with advisory comments. The land use regulations, ordinances or requirements that are to be referred to the Office of State Planning Coordination may be specified in a jurisdiction’s Memorandum of Understanding.

(8) County and municipal comprehensive plans as required by Titles 9 and 22.

(b) Any applicant may voluntarily request to participate in the pre-application review process and shall make such requests in writing to the Office of State Planning Coordination.