The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth
and development is necessary in order to promote and accommodate orderly growth and development and to protect the public
health, safety and general welfare of the citizens of the State. It is the intent of this subchapter to:
(1) Ensure that adequate public facilities are available to serve new growth and development;
(2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require
that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth
and development;
(3) Establish standards for the determination of impact fees for state facilities and services; and
(4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities
needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
73 Del. Laws, c. 185, § 1.;
§ 9122. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(1) "Advisory Council" means the Governor's Advisory Council on Planning Coordination established in § 9102 of this title;
(2) "Community" means those areas designated as communities in the Strategies for State Policies and Spending adopted by the
Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(3) "Developing area" means an area designated as a developing area in the Strategies for State Policies and Spending adopted
by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(4) "Development" means any construction or expansion of a building, structure or use, any change in use of a building or
structure, or any change in the use of land, any of which creates additional demand and need for public facilities;
(5) "Environmentally sensitive developing area" means an area designated as an environmentally sensitive developing area in
the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December
23, 1999;
(6) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for a proportionate
share of the cost of system improvements needed to serve new growth and development;
(7) "Proportionate share" means that portion of the cost of system improvements that is reasonably related to the service
demands and needs of the project;
(8) "Rural area" means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the
Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(9) "State Public Facilities" means:
a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or
federal highways;
b. Transit facilities;
c. State-provided police service;
d. State-provided emergency services; and
e. Schools.
(10) "System improvement costs" means costs incurred to provide additional state public facilities capacity needed to serve
new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering
related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;
(11) "System improvements" means capital improvements that are public facilities and are designed to provide service to the
community at large.
73 Del. Laws, c. 185, § 1.;
§ 9123. Development of impact fees.
(a) In addition to its responsibilities set forth above in § 9102 of this title, the Advisory Council shall develop a schedule
of impact fees for development throughout the State. The Advisory Council may engage a qualified consultant to assist in development
of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services
in areas where minimal investment is planned by the State.
(b) The schedule of impact fees shall include proposed impact fees for development with respect to each of the state public
facilities identified in § 9122(9) of this title.
(c) The schedule of impact fees shall include recommended fee levels for development in environmentally sensitive developing
areas, secondary developing areas, and rural areas. The schedule of impact fees shall not recommend impact fees for communities
or developing areas.
(d) The schedule of impact fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the
General Assembly on or before May 1, 2002. The schedule of impact fees shall be accepted, rejected or modified by the Joint
Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation.
(e) Impact fees developed pursuant to this section shall not exceed the proportionate share of the cost of system improvements,
as defined in this subchapter.
73 Del. Laws, c. 185, § 1; 73 Del. Laws, c. 224, § 9.;
§ 9124. County impact fees.
(a) County governments may develop and establish impact fees for services for which the county will bear increased costs of
development. These areas may include but are not limited to:
(1) Water and sewer construction;
(2) Libraries;
(3) Fire-house construction; and
(4) Emergency services.
(b) [Repealed.]
73 Del. Laws, c. 185, § 1; 76 Del. Laws, c. 21, § 1.;
§ 9125. Farm residences.
No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land
zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary
residence, and either (i) are actively farming the land, or (ii) are relatives of the owners of the parcel of land.
The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth
and development is necessary in order to promote and accommodate orderly growth and development and to protect the public
health, safety and general welfare of the citizens of the State. It is the intent of this subchapter to:
(1) Ensure that adequate public facilities are available to serve new growth and development;
(2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require
that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth
and development;
(3) Establish standards for the determination of impact fees for state facilities and services; and
(4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities
needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
73 Del. Laws, c. 185, § 1.;
§ 9122. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(1) "Advisory Council" means the Governor's Advisory Council on Planning Coordination established in § 9102 of this title;
(2) "Community" means those areas designated as communities in the Strategies for State Policies and Spending adopted by the
Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(3) "Developing area" means an area designated as a developing area in the Strategies for State Policies and Spending adopted
by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(4) "Development" means any construction or expansion of a building, structure or use, any change in use of a building or
structure, or any change in the use of land, any of which creates additional demand and need for public facilities;
(5) "Environmentally sensitive developing area" means an area designated as an environmentally sensitive developing area in
the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December
23, 1999;
(6) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for a proportionate
share of the cost of system improvements needed to serve new growth and development;
(7) "Proportionate share" means that portion of the cost of system improvements that is reasonably related to the service
demands and needs of the project;
(8) "Rural area" means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the
Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(9) "State Public Facilities" means:
a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or
federal highways;
b. Transit facilities;
c. State-provided police service;
d. State-provided emergency services; and
e. Schools.
(10) "System improvement costs" means costs incurred to provide additional state public facilities capacity needed to serve
new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering
related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;
(11) "System improvements" means capital improvements that are public facilities and are designed to provide service to the
community at large.
73 Del. Laws, c. 185, § 1.;
§ 9123. Development of impact fees.
(a) In addition to its responsibilities set forth above in § 9102 of this title, the Advisory Council shall develop a schedule
of impact fees for development throughout the State. The Advisory Council may engage a qualified consultant to assist in development
of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services
in areas where minimal investment is planned by the State.
(b) The schedule of impact fees shall include proposed impact fees for development with respect to each of the state public
facilities identified in § 9122(9) of this title.
(c) The schedule of impact fees shall include recommended fee levels for development in environmentally sensitive developing
areas, secondary developing areas, and rural areas. The schedule of impact fees shall not recommend impact fees for communities
or developing areas.
(d) The schedule of impact fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the
General Assembly on or before May 1, 2002. The schedule of impact fees shall be accepted, rejected or modified by the Joint
Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation.
(e) Impact fees developed pursuant to this section shall not exceed the proportionate share of the cost of system improvements,
as defined in this subchapter.
73 Del. Laws, c. 185, § 1; 73 Del. Laws, c. 224, § 9.;
§ 9124. County impact fees.
(a) County governments may develop and establish impact fees for services for which the county will bear increased costs of
development. These areas may include but are not limited to:
(1) Water and sewer construction;
(2) Libraries;
(3) Fire-house construction; and
(4) Emergency services.
(b) [Repealed.]
73 Del. Laws, c. 185, § 1; 76 Del. Laws, c. 21, § 1.;
§ 9125. Farm residences.
No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land
zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary
residence, and either (i) are actively farming the land, or (ii) are relatives of the owners of the parcel of land.
The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth
and development is necessary in order to promote and accommodate orderly growth and development and to protect the public
health, safety and general welfare of the citizens of the State. It is the intent of this subchapter to:
(1) Ensure that adequate public facilities are available to serve new growth and development;
(2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require
that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth
and development;
(3) Establish standards for the determination of impact fees for state facilities and services; and
(4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities
needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
73 Del. Laws, c. 185, § 1.;
§ 9122. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(1) "Advisory Council" means the Governor's Advisory Council on Planning Coordination established in § 9102 of this title;
(2) "Community" means those areas designated as communities in the Strategies for State Policies and Spending adopted by the
Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(3) "Developing area" means an area designated as a developing area in the Strategies for State Policies and Spending adopted
by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(4) "Development" means any construction or expansion of a building, structure or use, any change in use of a building or
structure, or any change in the use of land, any of which creates additional demand and need for public facilities;
(5) "Environmentally sensitive developing area" means an area designated as an environmentally sensitive developing area in
the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December
23, 1999;
(6) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for a proportionate
share of the cost of system improvements needed to serve new growth and development;
(7) "Proportionate share" means that portion of the cost of system improvements that is reasonably related to the service
demands and needs of the project;
(8) "Rural area" means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the
Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(9) "State Public Facilities" means:
a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or
federal highways;
b. Transit facilities;
c. State-provided police service;
d. State-provided emergency services; and
e. Schools.
(10) "System improvement costs" means costs incurred to provide additional state public facilities capacity needed to serve
new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering
related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;
(11) "System improvements" means capital improvements that are public facilities and are designed to provide service to the
community at large.
73 Del. Laws, c. 185, § 1.;
§ 9123. Development of impact fees.
(a) In addition to its responsibilities set forth above in § 9102 of this title, the Advisory Council shall develop a schedule
of impact fees for development throughout the State. The Advisory Council may engage a qualified consultant to assist in development
of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services
in areas where minimal investment is planned by the State.
(b) The schedule of impact fees shall include proposed impact fees for development with respect to each of the state public
facilities identified in § 9122(9) of this title.
(c) The schedule of impact fees shall include recommended fee levels for development in environmentally sensitive developing
areas, secondary developing areas, and rural areas. The schedule of impact fees shall not recommend impact fees for communities
or developing areas.
(d) The schedule of impact fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the
General Assembly on or before May 1, 2002. The schedule of impact fees shall be accepted, rejected or modified by the Joint
Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation.
(e) Impact fees developed pursuant to this section shall not exceed the proportionate share of the cost of system improvements,
as defined in this subchapter.
73 Del. Laws, c. 185, § 1; 73 Del. Laws, c. 224, § 9.;
§ 9124. County impact fees.
(a) County governments may develop and establish impact fees for services for which the county will bear increased costs of
development. These areas may include but are not limited to:
(1) Water and sewer construction;
(2) Libraries;
(3) Fire-house construction; and
(4) Emergency services.
(b) [Repealed.]
73 Del. Laws, c. 185, § 1; 76 Del. Laws, c. 21, § 1.;
§ 9125. Farm residences.
No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land
zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary
residence, and either (i) are actively farming the land, or (ii) are relatives of the owners of the parcel of land.