Sec. 2-301. - Findings; purpose.
Secs. 2-303—2-310. - Reserved.
Sec. 2-301. - Findings; purpose.
(a)
Land use decisions are far-reaching, complex determinations involving the commitment of finite resources by many levels of government and private investment. Such decisions must be coordinated so as to achieve efficient, effective and timely use of finite resources.
(b)
The resource investment, both public and private, in land use decisions is long term and therefore a process which provides a certain and stable climate for decision-making is necessary to foster rational investment of these resources.
(c)
A method of achieving consistency and coordination between the levels of government, and between government and private enterprise, is essential to achieve these goals.
(d)
Economic activity should be enhanced by coordinating and simplifying the various state regulatory and review processes required prior to development. It is declared, therefore, that a process for streamlining such processes be established.
(61 Del. Laws, c. 521, § 2; 29 Del. C. Ch. 92)
For the purpose of this chapter:
(1)
"Applicant" means any person who has requested or applied to a local jurisdiction for approval to proceed with a project which requires a local jurisdiction to take a land use planning action.
(2)
"Capital improvements program" means that schedule of public investment which guides capital expenditures for major public facilities, including infrastructure and community facilities.
(3)
"Comprehensive development plan" means a comprehensive land use plan, master plan or comprehensive plan as provided in Title 9, 22 or 29.
(4)
"Critical area" means an area wherein the establishment or maintenance of a viable physical, economic or social environment is of more than local concern; or the physical, economic or social characteristics of said area are of primary importance or uniquely sensitive, including, but not limited to, wetlands, major port facilities and historic areas. Critical areas, however, do not include agricultural lands in productive use.
(5)
"Facilities plan" means a long term plan for the location, timing and sizing of public services and utilities based upon an evaluation of future and existing land use, technology and cost.
(6)
"Land use of more than local benefit" means any use or combination of uses of land or water whose economic, social or environmental benefits extend beyond the local jurisdiction in which the use or uses take place.
(7)
"Land use planning decision" means any action adopting, amending or revising a comprehensive development plan, or portion thereof.
(8)
"Local jurisdiction" means the County of New Castle, the County of Kent, the County of Sussex, municipalities within the State or any other political subdivision of the state, or any instrumentality of any political subdivision of the State.
(9)
"Person" mean any individual, partnership, firm, association, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, local jurisdiction, any interstate body or any other legal entity.
(10)
"Agricultural lands in productive use" means those lands which are both:
a.
Delineated as "prime farmlands," "unique farmlands" or "additional farmlands of statewide importance," by the Soil Conservation Service of the United States Department of Agriculture on maps entitled "important farmlands" and dated January, 1977, for New Castle and Kent Counties and January, 1978, for Sussex County; and
b.
Currently used for the commercial production of livestock, trees or nursery stock, food or fiber.
(11)
"State agency" means the Executive Office of the Governor; the Department of Natural Resources and Environmental Control; the State Treasurer, the Department of Administrative Services; the Department of Agriculture; the Department of Community Affairs and Economic Development; the Department of Correction; the Department of Finance; the Department of Health and Social Services; the Department of Labor; the Department of Natural Resources and Environmental Control; the Department of Public Instruction; the Department of Public Safety; the Department of State; the Department of Transportation; and all institutions of post-secondary education supported in whole or in part by state funds.
(61 Del. Laws, c. 521, § 2; 63 Del. Laws, c. 191, § 6; 29 Del. C. Ch. 92)