4/26/2008
The proverbial welcome mat is already out, and New Castle County is preparing to also roll out a proverbial red carpet for businesses connected with expansion of Aberdeen Proving Ground.

www.Delaforum.com Saturday, April 26, 2008

A proposed ordinance recently introduced by Councilmen Joseph Reda and Robert Weiner and referred to the Department of Land Use and Planning Commission for their advice would amend the Unified Development Code to provide a menu of relaxed density, traffic, parking and buffer requirements and an expedited approval process to a variety of research and 'technology development' firms seeking to build facilities related to the planned consolidation of military research from Monmouth, N.J., and other locations at the Army ordnance base in Harford County, Md., about 30 miles from the Delaware line.

Specifically, the measure targets a share of the estimated 30,000 "direct, indirect and induced" jobs to be created within commuting distance of the base by 2011. The incentives will go to firms which pledge to provide 25 new-to-the-area jobs within two years of completing construction -- or 10 jobs if the building is smaller than 20,000 square feet -- and post a bond to insure their keeping the promise. 'High paying' is defined as 10% above per capita income in New Castle County. Development plans would be treated as minor plans, which carry by-right approval if they meet technical requirements, regardless of building size.

                                                                                       Introduced by:    Mr. Reda and Mr. Weiner               

                                                                                               Date of introduction:    April 22, 2008         

WHEREAS, New Castle County, in consultation with State and local agencies and private citizens representing varied civic association and business interests developed an update to the 1988 Comprehensive Plan and its subsequent updates, as amended; and

WHEREAS, the 2007 New Castle County Comprehensive Development Plan Update was adopted by New Castle County Council on July 24, 2007; and

WHEREAS, the 2007 New Castle County Comprehensive Development Plan Update has been reviewed by the Delaware Cabinet Committee on State Planning pursuant to 9 Del. C. § 2658(a) and comments from the Committee have been reviewed and addressed in the Plan; and

WHEREAS, the 2007 Comprehensive Development Plan Update was certified by the Office of the Governor in a letter dated September 7, 2007; and

WHEREAS, the adoption of the Comprehensive Development Plan Update by County Council authorized the development of ordinances necessary to effectuate the County’s economic development goals and objectives consistent with the 2007 Update; and

WHEREAS, the 2007 New Castle County Comprehensive Development Plan Update recognizes that sustainable economic growth is of paramount importance to the provision of jobs, adequate housing and educational opportunities as well as community services and recreational and cultural amenities; and

WHEREAS, the county’s economic development plan encourages business investment that advances productivity, innovation, research, technology and entrepreneurship in targeted infill and redevelopment areas, and also recognizes the value added to the local economy from enhancing regional industry clusters, and leveraging and linking research and technology innovators and local universities to the private sector which, in turn, creates the conditions for greater productivity, innovation, and job creation; and

WHEREAS, the County Council recognizes that the 2005 Base Realignment and Closure Commission (BRAC) process has resulted in the Aberdeen Proving Ground (APG) being a predominant gainer with missions relocating to the installation from Ft. Monmouth, NJ; Alexandria, Falls Church, and Langley, VA; Glen, OH; Redstone, AL, Fort Huachuca, AZ, and San Antonio, TX., and

WHEREAS, a recent survey of the Fort Monmouth, NJ base personnel who will be relocating to our area indicates that 11% will definitely relocate to Delaware, 43%  are undecided about where they will relocate, and  33% will commute 31-45 minutes; and

WHEREAS, New Castle County is located approximately 30 miles from APG; and

WHEREAS, County Council has determined that the provisions of this Ordinance substantially advance, and are reasonably and rationally related to, legitimate government interests (i.e., promoting the health, safety, morals, convenience, order, prosperity and/or welfare of the present and future inhabitants of this State).

NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:

Section 1.  New Castle County Code Chapter 40 (“Unified Development Code - UDC”), Article 7 (“Transfer of Development Rights and Other Incentives and Bonuses”), Division 40.07.000 (“Purpose”), is hereby amended by adding the material that is underscored, as set forth below.

A.        To meet certain land use objectives, positive incentives are needed to encourage developers to assist in broadening the selection of workforce housing. Two (2) types of incentives are contained in this Article: the allocation of development rights that can be transferred, and bonuses for certain types of development.

B.        The use of transferable development rights allows development permitted on several properties to be concentrated on a single parcel, thus permitting several parcels to remain exclusively agricultural without significantly impacting the development value of the land.

C.        The preservation and renovation of historic resources serves to preserve the character and heritage of the County for future generations. It is anticipated that clustering, bonuses, and on occasion, transferable development rights, will be needed to ensure that these objectives can be met during the development process.

Section 2.  New Castle County Code Chapter 40 (“Unified Development Code - UDC”), Article 7 (“Transfer of Development Rights and Other Incentives and Bonuses”) is hereby amended by adding a new Division 40.07.800 (“Research and Technology Development Bonus”) and subsequent subsections, all of which is underlined as set forth below.

6.         Employment and capital cost projections.  Provides forecasted employment and capital cost projections for the first three (3) years of operation.

E.         Certification.  The RTD Applicant shall submit a certification which states that they will make a good faith effort to fulfill the new job creation requirements identified in Section 40.07.810.D within two (2) years from the date of issuance of a certificate of occupancy for a building structure.

F.         Surety. The RTD applicant, prior to plan recordation, shall post a performance guarantee or other financial surety acceptable to the Department to serve as collateral for fulfilling  the new job creation requirements identified in Section 40.07.810.D within two (2) years from the date of issuance of a certificate of occupancy for a building structure.  The performance guaranty or other financial surety shall be determined by multiplying the applicable job creation requirement identified in Section 40.07.810.D by ten (10) percent and by the high wage jobs standard as identified in Section 40.07.810.C. 

1.         The performance guarantee or other financial surety shall remain posted with the           Department until two (2) years of issuance of a Certificate of Occupancy for the    RTD building structure, or until the RTD applicant fulfills the new job creation       requirement as identified in Section 40.07.810.D.  

2.         The performance guarantee or other financial surety shall be executed by the applicant and a corporate surety or financial institution licensed to do business in the State.

3.         Forfeiture of financial surety.  The performance guarantee or other financial surety required under this Article shall be forfeited upon the failure of the RTD applicant to fulfill the new job creation requirement identified in Section 40.07.810.D within two (2) years from the date of issuance of a certificate of occupancy for a building structure. 

4.         Notice. The Department shall notify the RTD applicant by registered mail of its intention to initiate forfeiture proceedings. If the RTD applicant cannot be located or will not accept the registered letter, notice shall be given by publication in a newspaper of general circulation at least once a week for three (3) consecutive weeks in the area where the RTD applicant was last known to reside, and the property shall be posted.

5.         Hearing. The RTD applicant shall have sixty (60) days to meet with the Department to show cause why the financial surety should not be forfeited. On a showing of cause by the RTD applicant, the Department shall provide for a reasonable time, but not more than three (3) months, for the RTD applicant to fully comply with the performance of the conditions.  Upon failure of the RTD applicant to show cause, the bond shall be forfeited.

G.        Annual report. The RTD applicant shall submit to the New Castle County Department of Land Use and the Redevelopment Office an annual report on their progress toward meeting employment projections for the first three (3) years of operation.

H.        Dun and Bradstret report.  The RTD applicant may be required to submit a Dun and Bradstreet Business Information Report.

I.          Community outreach.  The RTD applicant shall make a good faith effort within two (2) years from the date of issuance of a certificate of occupancy for a building structure to provide New Castle County residents with information on employment opportunities and educational requirements for filling these jobs.  

J          Business plan review.  The Departments of Land Use and Finance shall review the Business Plan and the Dun and Bradstreet Business Information Report within twenty (20) days of receipt and prepare a recommendation to the New Castle County Executive or their designee.  The County Executive or their designee shall issue a decision within twenty (20) days of receipt of the recommendation.

A TIS shall be required to be conducted when in the opinion of DelDOT, it is in the public interest to obtain further traffic information on a proposed development.

F.         Retail/service uses.  Ten (10) percent of the permitted square footage in the OR, BP, I, and HI zoning districts may be utilized for ancillary retail and/or service uses.  The retail use square footage counts toward the maximum allowable GFA.

            Section 3.        Consistent with Comprehensive Development Plan. New Castle County Council finds that the provisions of this Ordinance are consistent with the spirit and intent of the New Castle County Comprehensive Development Plan.

Section 4.        Inconsistent Ordinances and Resolutions Repealed.  All ordinances or parts of ordinances and all resolutions or parts of resolutions that may be in conflict herewith are hereby repealed except to the extent they remain applicable to land use matters reviewed under previous Code provisions as provided in Chapter 40 of the New Castle County Code.

            Section 5.        Severability.  The provisions of this Ordinance shall be severable.  If any provision of this Ordinance is found by any court of competent jurisdiction to be unconstitutional or void, the remaining provisions of this Ordinance shall remain valid, unless the court finds that the valid provisions of this Ordinance are so essentially and inseparably connected with, and so dependent upon, the unconstitutional or void provision that it cannot be presumed that County Council would have enacted the remaining valid provisions without the unconstitutional or void one, or unless the court finds that the remaining valid provisions, standing alone, are incomplete and incapable of being executed in accordance with County Council’s intent.  If any provision of this Ordinance or any zoning map or portion thereof is found to be unconstitutional or void, all applicable former ordinances, resolutions, zoning maps or portions thereof shall become applicable and shall be considered as continuations thereof and not as new enactments regardless if severability is possible.

Section 6.        Effective Date.  This Ordinance shall become effective upon its adoption by County Council and approval by the County Executive.

Approved on:                                                                                   Adopted by County Council of

                                                                                                                      New Castle County on:

_________________________                                          ________________________________

County Executive                                                                                 President of County Council

                                                                                                                            New Castle County

SYNOPSIS:  The purpose of this text amendment is to promote business investment that advances productivity, research, technology, entrepreneurship and high wage job creation throughout the County.  This purpose is fulfilled by providing certain incentives in the review and approval of land development plans for research and technology developments and by permitting a density bonus in the CR, OR, BP, I and HI districts.

Substitute No. 1 to Ord. 08-046 proposes three changes to the introduced version.  (1) adds a subsection to Section 40.07.810 D 7 to require the RTD applicant to provide a summary of its company diversity initiatives within its Executive Summary Business plan; (2) changes the last word in Section 40.07.810 J from report to recommendation; and (3) expands the types of uses and traffic volume’s in Table 40.07.820.

FISCAL NOTE:

Back to the News Summary

Have news? Please contact me!

Give Bob a "like" on Facebook: