From Councilman Dave Carter -
The New Castle County Council Land Use Committee Meeting on August 31 at 3 PM and the Regular Council Meeting at 6:30 PM will have several items that significantly impact Southern New Castle County. These items will be discussed in the 3 PM committee meeting and then debated again and voted on during the 6:30 PM Council Meeting.
These include Ordinance 21-018, making the septic moratorium permanent for any Suburban Zoned Land outside the West Wing and provisions to transfer their TDRs into the west wing, Ordinance 21-050 seeks to make the TDR process more transparent and understandable to the affected public, and Resolution 21-047 for the Plan of Copperleaf at Back Creek.
And on September 13, the New Castle County Planning Board will consider Ordinance 21-036 to adopt the Southern NCC Master Plan and other master plans into the County Comprehensive Development Plan used to guide land use policy and legislation.
Information on attending the meetings via Zoom or in-person is available on the agendas at the links below:NCC Council Land Use Committee Agenda – August 31 at 3 PMNCC Regular Council Meeting Agenda – August 31 at 6:30 PMNew Castle County Planning Board Meeting – September 13 at 7 PMShould you have questions or concerns, please feel free to contact me at David.Carter@newcastlede.gov or Rachel Zara at Rachel.Zara@newcastlede.gov. Or call us at 302-395-8346.
TO AMEND NEW CASTLE COUNTY CODE CHAPTER 40 (ALSO KNOWN AS THE UNIFIED DEVELOPMENT CODE OR “UDC”), ARTICLE 22 (“DRAINAGE, UTILITIES, SEPTIC SYSTEMS, PARKING, LOADING, AND LIGHTING”), REGARDING ON-SITE WASTEWATER TREATMENT (SEPTIC) SYSTEMS.SYNOPSIS: This amendment strikes the expiration date of August 26, 2021, from Section 40.22.320.D.This ordinance makes septic moratorium permanent for areas not on sewer limiting Suburban Zoned land outside the west wing to no more than four lots, directing all growth to the proposed new sewer area in west wing growth zone. It also provides provisions for those outside the west wing to utilize Transfer of Development Rights to send additional development rights to the west wing.
TO AMEND NEW CASTLE COUNTY CODE CHAPTER 40 (“UNIFIED DEVELOPMENT CODE”), ARTICLE 7 (“TRANSFER OF DEVELOPMENT RIGHTS AND OTHER INCENTIVES AND BONUSES”) RELATING TO THE ESTABLISHMENT OF TRANSFER OF DEVELOPMENT RIGHTS SENDING AND RECEIVING AREA MAPSSYNOPSIS: This Ordinance provides for a public process for the development of transfer of development rights eligibility maps that are proposed to be developed and adopted as part of the New Castle County Comprehensive Plan. It also provides a market analysis be done to better understand the potential number of units that might be transferred by the private-market or with County incentives. It requires that these maps then be adopted after hearing from the Planning Board and County Council.
TO AMEND THE 2012 COMPREHENSIVE DEVELOPMENT PLAN UPDATE FOR NEW CASTLE COUNTY TO ESTABLISH A NEW COMMUNITY MASTER PLAN ELEMENT AND AMEND THE SEWER SERVICE AREA MAP AND FUTURE LAND USE MAP FOR SPECIFIC COMMUNITY MASTER PLAN AREAS.SYNOPSIS: This Ordinance adds a Community Master Plan element to the Comprehensive Development Plan, including specific plans for the North Claymont, Route 9, Concord Pike (US 202) and Southern New Castle areas associated amendments to the Future Land Use Map and an associated amendment to Sewer Service Areas (Map 5-1).
The Land Use Committee Meeting begins at 3PM. Public comment is towards the end of the meeting, after the "Review/Discussion".There are two ordinances our community may find important to give public comment on. Even if you speak for 2 minutes and say why you do/do not support the ordinances, it becomes a formal record. Getting many voices on record is very important!Ordinance 21-018: removing the expiration date from the "septic moratorium" which essentially makes it permanent, meaning all new subdivision developments in our area MUST be on sewer, which will ultimately drive higher density housing. West Wing Alliance would like council to vote AGAINST this ordinance.Ordinance 21-050: increasing transparency to the TDR process (Transfer of Development Rights) which would require changes to development plans such as what we observed with Carter Farms and Country Club Estates to go through a review and public comment. West Wing Alliance would like council to vote FOR this ordinance.Zoom link is the following document:
https://www.nccde.org/Agen.../ViewFile/Agenda/_08312021-2222Zoom link directly:
https://zoom.us/j/377322142
Recommendation for giving public comment:
- the perspectives on "transparency",
- the wrongful claims of the detailed requirements for mapping that is not in the legislation that only asks to map "eligibility maps"
- the discussion of the need for a market analysis
- the discussion on backroom deals (not that the TDR agreements affecting you were done through confidential legal settlements, facilitated by the County who made a guarantee for sewer service within one year).
- the argument to consider TDRs through the Comp. Plan process, not legislation, while the Administration is pressing legislation restrictions on septic and funding sewer without first having a comp. plan that has gone through the State and County full approval process with public hearings. Why one process for the things they don't like, and another more immediate process for the things they do like.
The discussion around Ordinance 21-089, a Residency Requirement for certain NCC Executive appointees should be interesting - Finance Committee meeting is at 5:00 p.m. Agenda HERE and will include discussions around Library and Housing funds' allocations.
°21-089: TO AMEND NEW CASTLE COUNTY CODE CHAPTER 26 (“HUMAN RESOURCES”), ARTICLE 1 (“IN GENERAL”), SECTION 26.01.003. (“RESERVED”) REGARDING RESIDENCY REQUIREMENTS FOR CERTAIN COUNTY EMPLOYEES. Introduced by: Mr. Carter, Ms. Durham
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