The Delaware League of Local Governments recognizes the importance and need of affordable housing. Senate Bill 23 and its substitutes are advertised as creating affordable housing, but they will not. What they will do is decrease transparency and eliminate public hearings for residential development applications and county rezoning applications.
The measure:
- Eliminates public hearings for all residential development applications. This includes single-family subdivisions, apartment buildings, town house developments, etc.
- Eliminates public hearings for all mixed-use development applications.
- Does provide for option for the local jurisdiction to hold a public meeting. But a public hearing includes public comment on a specific application, a notice to surrounding property owners, a legal ad in a local newspaper and a posting of the subject property.
- Requires approval of all rezonings under county jurisdiction consistent with the future land use map. The public hearing for all the rezonings would be the public hearing for the comprehensive plan.
- Requires a by-right administrative review and approval of residential development applications. The by-right administrative review and approval can remove the review and approval by the local planning commission and/or council.
- Requires an increase in density and a mixture of housing types (town houses, apartments, etc.) An increase in density and a mixture of housing types does not create affordable housing units. The units, as required, could be sold or rented at market rate.
The league has made suggestions to the sponsors of the bill that will create affordable units without reducing transparency and including the public. Those comments have not been included in the substitute bills. If you are concerned with the reduction in transparency, the elimination of public hearings and unchecked development, contact all the members of the Senate. Legislative Hall can be reached at 302-744-4114. Or visit legis.delaware.gov/chambers/senate/assemblymembers.
Delaware League of Local Governments
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