INTRODUCTION                                                                                                                      

 PURPOSE

It is the intention of this 2002 Comprehensive Plan Update to encourage the most appropriate use of land, water, and resources, consistent with the public interest, effectively planning the use and development of land within the County's jurisdiction.  This Update is further intended to direct Kent County Government to preserve, promote, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdiction.    

            This 2002 Comprehensive Plan Update is not a decision on specific land use proposals or a zoning map and ordinance.  The Plan is a set of goals and policies, a framework to guide decision making, to ensure that development occurs in an efficient and logical manner, minimizing short and long-term costs to the citizens of Kent County.  The adoption of this Plan is a first step; other land use controls (e.g., the Zoning and Subdivision Ordinances) must then be updated to reflect and support the Plan. 

 GOALS    

It is the expressed intent of the Kent County Levy Court that this 2002 Comprehensive Plan Update strives to achieve the following goals through quality of life and “Livable Delaware” initiatives: 

q Truly comprehensive planning requires intergovernmental coordination and cooperation.  When adopted, the Comprehensive Plan will reflect the County’s intent to work with the municipalities within its borders, as well as all applicable State and Federal agencies and their regulations.   

q    Conservation of natural resources (particularly wetlands, floodplains, and watersheds) is critical in light of future growth and development.  The Comprehensive Plan Update will make recommendations for the conservation, use, and protection of the County's vital natural resources (to include resource protection areas, open space, and greenways).    

q The County, in cooperation with municipal contract users, has an obligation to its citizens to provide an adequate, functional wastewater conveyance system and treatment facility, operated in an environmentally sound and economically feasible manner, which will accommodate future growth and development.   

q In cooperation with the Delaware Department of Transportation (DelDOT), this Update will identify and recommend implementation measures to protect the rights-of-way of existing infrastructure and future transportation projects which will move people and goods throughout the County, State, and Region efficiently, effectively, and economically.   

q It is the declared policy of the State to conserve, protect, and encourage improvement of agricultural lands for the production of food and other agricultural products.  The County will support the State's policy by encouraging development in areas where infrastructure already exists and to keep in agricultural production lands best suited for that purpose.    

q The Dover Air Force Base and the County recognize encroaching development that may be incompatible with the Base’s mission and presence.  The Base and the County are working together to balance the U.S. Air Force’s future in Kent County while protecting community health, safety and welfare.   

q The County will encourage a sound economic development program to achieve an acceptable, stable, and diverse economic base and to provide for a broad range of job opportunities for its citizens.     

The order in which these goals are listed is arbitrary and is not meant to imply rank or priority.   

Background    

 On February 3, 1988, House Bill No. 391, as amended, An Act to Amend Title 9, Chapters 26, 49, and 69, Delaware Code Relating to Counties and Comprehensive Planning and Land Development was signed into law.  This legislation came to be known as "The Quality of Life Act." Among other things, the Quality of Life Act mandated that all three counties adopt an updated Comprehensive Plan by December 31, 1995.  The Act required the Comprehensive Plans to contain elements addressing future land use, circulation, water and sewer, conservation, recreation and open space, housing, and intergovernmental coordination.  The Act further required the Comprehensive Plans to contain a five-year Capital Improvements Plan, policy recommendations for the implementation of the Comprehensive Plan and its elements, and a specific policy statement or coordinated mapping element indicating the relationship of the proposed development of the County to the Comprehensive Plans of the municipalities within the County, adjacent counties, and applicable State regulations and policies. 

On July 19, 1995, Senate Bill No. 116, as amended, An Act to Amend Title 9 of the Delaware Code Relating to County, State, and Local Planning Efforts was signed into law.  This legislation is known as "The Shaping Delaware's Future Act." Among other things, the Shaping Delaware's Future Act extended the deadline by which the counties were to adopt an updated Comprehensive Plan to December 31, 1996.  The Act added three more elements to the required list set forth in the Quality of Life Act: community design, historic preservation, and economic development.  All required elements of the Comprehensive Plan were to be developed in consultation with State agencies where appropriate:  the circulation element with DelDOT, the conservation element with the Department of Natural Resources and Environmental Control (DNREC) and the Department of Agriculture, etc.  Within one year of the adoption of the updated Comprehensive Plan, subdivision and development controls (i.e., Zoning and Subdivision Ordinances) were to be updated to assist in the implementation of the Comprehensive Plan.  Finally, the Comprehensive Plans are to be updated every five years. 

On June 20^th, 2001, one element of the “Livable Delaware” initiative passed the Delaware Legislative process as House Bill 255 (http://www.legis.state.de.us/Legislature.nsf/?Opendatabase).  House Bill 255 enacted changes to the Delaware Code related to Land Use, Comprehensive Plans and Annexations.  The final version of the bill included the approval of seven amendments to the original bill.  The following four elements of this legislation impact Kent County.  According to 9 Delaware Code §9101(a), the county’s Comprehensive Plan is required to be submitted to the Governor or designee with sufficient copies for the Governor’s Advisory Council on Planning Coordination.  As part of this requirement, the county makes a presentation during a public meeting coordinated by the Advisory Council within 30 days of Plan submission.  The Advisory Council will then review and certify the Comprehensive Plan as set forth in 29 Delaware Code §9103.  9 Delaware Code §4960 requires Kent County to amend its official zoning map to match its Comprehensive Plan map.  29 Delaware Code §9101 requires the Office of State Planning Coordination to render local planning technical assistance to promote cooperation and coordination among State agencies and local governments thus ensuring effective and efficient planning and infrastructure investment. 

In The Practice of Local Government Planning (Second Edition), the American Planning Association defines a comprehensive plan as a document that is the result of lengthy and intensive study and analysis.  The geographic scope is the entire community and its regional environment.  The time scale is long range or indefinite.  Such a plan is comprehensive in that it tries to link long-range objectives to a number of interdependent elements including population growth, economic development, land use, transportation, and community facilities.  

This document represents the fourth iteration of Kent County's Comprehensive Plan. The first Plan was adopted in November 1971.  The Plan was updated in October 1987 and December 1996.  This 2002 Update is not meant to replace any of the first three plans.  In fact, the data generated in the preparation of the 1971, 1987 and 1996 Plan Updates remains useful in terms of their historical perspectives.  Rather, this 2002 Update responds to both the magnitude of growth and change that has occurred in the County in the intervening years as well as the legislative requirements.

Legal Applicability 

The Plan is not a decision of specific land use proposals or a zoning map and ordinance.  Rather, the Plan sets the stage and direction for changing the development codes and making land use and development decisions.  Under current “Livable Delaware” legislation, 9 Delaware Code §4960, the county’s zoning map will have to match the proposed comprehensive plan map within 18 months of adopting this comprehensive plan.  Pending implementation of the Comprehensive Plan Update by ordinances to be adopted by the Levy Court, the Department of Planning Services shall inform the Levy Court whenever, in the Department's opinion, a proposed rezoning may conflict with the policies and goals set forth in the Comprehensive Plan.  However, the Department shall not delay or withhold its approval of any requested subdivision or land development plan that otherwise meets all lawful standards and requirements in force at the time when such application was made.     

Planning Process in Kent County 

Land use decisions in Kent County are made by elected and appointed officials. Variances from existing land use regulations for example, are heard and decided on by the Kent County Board of Adjustment (BOA), a seven-member body appointed by the Kent County Levy Court.  Rezoning, Conditional Uses with and without Site Plans, Text Amendments to Land Use Ordinances, and Comprehensive Plan approvals are heard by the Regional Planning Commission (RPC), a seven-member body appointed by the Kent County Levy Court.  The RPC gives a recommendation of approval or denial on land use applications and then forwards these land use applications to the Levy Court for their consideration.  The Kent County Levy Court, a seven-member elected body, receives public testimony and votes to approve or deny each land use application forwarded to them from the RPC.  Decisions made by the BOA, RPC, and Levy Court can be appealed to the Superior Court of Delaware for a final determination on any land use decision in Kent County.     

2002 Comprehensive Plan Update  

            In a June 15, 2000 letter to Kent County, the Delaware Cabinet Committee on State Planning Issues outlined several general principles and criteria that each of Delaware’s three counties should consider during their Comprehensive Plan Update processes.  The Kent County 2002 Comprehensive Plan Update includes these outlined principles and criteria in their specific chapter (i.e. agriculture, housing, conservation, transportation, etc.).  These referenced suggestions by the Cabinet Committee on State Planning Issues are being reviewed by the Kent County Levy Court.  The Kent County Levy Court is the only entity empowered to change the County Land Use regulations.  The recommendations at the end of each chapter include techniques to meet related goals, some of which address the criteria outlined in the June 15, 2000 Cabinet Committee letter. 

            In addition to the June 15, 2000 guidance letter from the Delaware Cabinet Committee, Kent County met with several State representatives in August 2000 and at several Delaware State Planners’ Technical Advisory Committee (PTAC) meetings in 2000 and 2001.  During these meetings, State agency planners had the opportunity to offer techniques and methods for the Kent County Comprehensive Plan Update that might support their agency’s future land use goals.  As with the Delaware Cabinet Committee recommended general principles and criteria, many of the PTAC recommended techniques and methods were incorporated, where practicable, into recommendations found at the end of each chapter. 

From September 2000 through November 2000, the Kent County Department of Planning Services conducted 12 workshops throughout the County.  During each of these workshops, participants were asked to complete a survey on a variety of land use issues.  The entire survey results can be found at http://www.smartmap.com/kent_co/comp_plan/survey.htm. In addition to the survey results, many workshop participants wrote comments to Kent County summarizing the importance of long-range land use decision-making in Kent County.  Many of these written suggestions were also incorporated into each chapter, where practicable. 

            Along with the above-mentioned sources of future land use techniques and goals, Kent County formed a Technical Review Committee composed of 15 citizens representing a variety of special interests.  This committee met monthly from February through July 2001 to review the draft chapters of this plan update and offer suggestions regarding the Comprehensive Plan Map and future long range land use goals. 

2002 Kent County Comprehensive Plan Map and Zoning Map 

            According to 9 Delaware Code §4960, Kent County is required to ensure its Zoning Map will match the Comprehensive Plan Map.  The proposed 2002 Kent County Comprehensive Plan Map is annotated with the categories on the following page (to include the official zoning districts that apply to each Comprehensive Plan Use).  The regulations regarding zoning districts are found in the Kent County Code, Chapter 205 Zoning. 

Table 1.1 Plan Use and Zoning Districts

 Table 1.1 outlines the potential zoning districts any applicant could apply for and have that action comply with the 2002 Comprehensive Plan Update and map of plan uses.  For example, an Agricultural Conservation parcel on central sewer and water (three dwelling units per acre) is considered as Medium Density and as such, could apply to “up zone” their property to a higher density such as RS-1, RS-5, or RMH, as long as the ultimate density would not exceed the definition of “Medium Density.”  If that same Medium Density parcel owner applied for High Density, Commercial, and/or Industrial Use(s), that action would be considered as “going against the Comprehensive Plan”.  Any property owner who wanted to apply to “down zone” his/her property to a lesser density and/or use, could apply to do so and that action would be considered to “comply with the 2002 Kent County Comprehensive Plan Update.”   

How to Use This Comprehensive Plan Update     

            This document is unique from other County Comprehensive Plan Updates in that it is Internet based to allow hyperlinks to Internet reference sites used for data described in the document.  In addition to the hot-linked references found in each chapter within this document, this Comprehensive Plan Update has all applicable maps located on the 2002 Kent County Comprehensive Plan Update interactive website.   This interactive site will not only host the Comprehensive Plan, but more importantly, all applicable maps as they relate to the 2002 Kent County Comprehensive Plan Update.  The Kent County Comprehensive Plan Update website can be found at http://www.smartmap.com/kent_co/.  You may have to download Autodesk <http://www.autodesk.com/prods/mapguide/ver5/download/index.htm> and Macromedia Flash <http://www.macromedia.com/shockwave/download/index.cgi?P1_Prod_Version=ShockwaveFlash> to view all the applicable maps on this website.  At this interactive website, parcel data can be compared with other map layers in a “comprehensive” fashion rather than a stagnant fashion like previous Comprehensive Plan maps.  For example, at the end of each chapter in this document, the reader will find a list of recommendations for Kent County to consider.  Simply use the interactive maps to view the specific topic area (i.e. agriculture) and ascertain how these recommendations may affect the land use within Kent County.   

            This 2002 Comprehensive Plan Update is the Kent County Long Range Plan regarding land use and development.  The following chapters cover major topics that affect land use decision-making within Kent County.  Each chapter contains information regarding base line information, trends that can be used when rendering future land use decisions, and a list of recommendations.  These recommendations are the main focus for future land use decision making as they contain techniques that may offer Kent County a more positive quality of life regarding future development.  Each chapter contains important Internet hot-links to referenced material and electronic maps contained on Internet sites (i.e <http://www.smartmap.com/kent_co/>) that can be used to examine the recommendations and their potential effect on a variety of land use media (i.e. zoning, environmental media, infrastructure items, etc.).  Ultimately, the recommendations in each chapter should be seriously considered as potential amendments to the Kent County Code or as projects/programs as long as these recommendations are practicable and do not contradict policies set forth by the Kent County Levy Court.

            Kent County is under pressure from over-development that impacts the quality of life most Kent County residents have experienced living here over the past years.  The challenge facing Kent County seems to be how to maintain the rural atmosphere, protect our vital environmental resources, and allow growth in a planned and sensible method.  Delaware has initiated their “Strategies for State Policies and Spending”, which are predicated on the fact that while local (county and municipal) governments exercise control over land use decisions in their own jurisdictions, state investment and policy decisions can influence land use and the pattern and pace of growth.  Go to <http://www.state.de.us/planning/shape/strategy/index.htm> to read more about these policies.  In addition to these State policies on spending, there are many State initiatives such as Agricultural Lands Preservation, Biodiversity, Road Corridor Preservation and Access Management, and Clean Air Act compliance that effect land use within Kent County.  In 1996 Kent County adopted its growth zone where we encourage development and the use of the County sewer system.  Both the 1996 growth zone and the proposed modifications to the growth zone are congruent with the Strategies for State Policies and Spending.  Conversely, Kent County Levy Court must weigh these Federal and State mandates against growth control measures that may affect individual property owner’s investment into their property(s).  Legal issues can arise such as “takings” (the land owner being deprived of all reasonable beneficial use of the property), and “down zoning.” (Amending zoning ordinances so that density or standards previously allowed on property are changed to further restrict the use of property). Levy Court considers each of these issues before any land use decisions are made.  Refer to <http://www.nahb.net/growth_issues/Default.htm> to find additional information on smart growth resources.  Kent County Levy Court will endeavor to maintain an equal balance between property owners’ rights and community affected issues (i.e. drinking water, quality of life, over development, etc.) when considering land use ordinances.  Kent County Levy Court wants to ensure that the quality of life remains high in Kent County for all its current and future citizens.