Kent County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Levy Court of Kent County 5-22-2001 by Ord. No. 01-12. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.

§ 158-1 Purpose.

The purpose of this chapter is to establish a single area of the Kent County Code for the placement of ordinances establishing temporary moratoriums.

§ 158-2 Broadcasting and telecommunications towers.

A moratorium upon the acceptance of land use permit applications as required in § 205-360 of the Kent County Code is hereby imposed for a period extending from May 1, 2001, to December 31, 2001. No land use application for broadcasting and telecommunications towers shall be accepted until the expiration of this moratorium or deletion of this section by the Kent County Levy Court, except those towers either collocated or required by emergency service organizations. Any land use application for broadcasting and telecommunications towers on file and pending with the Department of Planning services as of May 1, 2001, shall not be impeded by the adoption of this chapter.

§ 158-3 Major subdivision and conditional use site plan for cluster subdivision and planned unit development applications.

[Added 1-16-2007 by Ord. No. 07-01]
A. 
Purpose. A moratorium is hereby imposed upon the acceptance of applications for major subdivision sketch plan review, major subdivision preliminary plan review, and conditional use site plan review for cluster subdivision, and conditional use site plan review for planned unit development as set forth in the Kent County Code, Chapter 187. This moratorium is enacted for the purpose of completion and possible adoption of:
(1) 
Amendments to the Kent County Code designed to ensure the provision of adequate public facilities in conjunction with new residential subdivision development; and
(2) 
A new Comprehensive Plan as required by Delaware Code, Title 9, Chapter 49.
B. 
Duration. This moratorium shall be imposed for a period of 270 days beginning on the effective date as set forth below. During this time period, except as provided in Subsection C below, no application for major subdivision sketch plan review, major subdivision preliminary plan review, conditional use site plan review for cluster development, or conditional use site plan review for planned unit development shall be accepted for processing by the Department of Planning Services and Regional Planning Commission.
C. 
Exemptions. The following items shall be exempted from the effects of this section:
(1) 
Any complete application for major subdivision preliminary plan review pursuant to Kent County Code Chapter 187, § 187-20, on file and pending review with the Department of Planning Services and Regional Planning Commission prior to the effective date of this section as set forth below shall not be impeded by the adoption of this section and shall proceed through the major subdivision review process as set forth in Kent County Code Chapter 187.
(2) 
Any conditional use site plan for cluster development or planned unit development that has received conditional use approval from Levy Court pursuant to Kent County Code Chapter 187, § 187-40, prior to the effective date of this section as set forth below shall be permitted to proceed to the major subdivision plan review process as set forth in Kent County Code Chapter 187.
(3) 
Any transfer of development rights plan pursuant to the provisions of Kent County Code, § 187-90.1, that has received Levy Court approval to proceed to major subdivision preliminary plan review shall be permitted to proceed to the major subdivision plan review process as set forth in Kent County Code Chapter 187.
D. 
Effective date. This section shall become effective upon enactment.
E. 
Termination date. This section shall terminate 270 days after enactment unless rescinded sooner by Levy Court.

§ 158-4 Major subdivision and conditional use site plan for cluster subdivision and planned unit development applications and other residential land development plan requiring review or approval by Regional Planning Commission.

[Added 8-21-2007 by Ord. No. 07-24]
A. 
Purpose. A moratorium is hereby imposed upon the acceptance of applications for major subdivision sketch plan review, major subdivision preliminary plan review, and conditional use site plan review for cluster subdivision, conditional use site plan review for planned unit development and any other residential land development requiring review or approval by the Regional Planning Commission as set forth in Kent County Code Chapter 187. This moratorium is enacted for the purpose of completion, adoption and certification of a new Comprehensive Plan as required by Delaware Code, Title 9, Chapter 49, and the completion and adoption of ordinances to protect state resource areas, natural areas and source water assessment, wellhead protection and excellent groundwater recharge potential areas as required by Delaware Code, Title 9, Chapters 60 and 75.
B. 
Duration. This moratorium shall be imposed to and including April 22, 2008. During this time period, except as provided in Subsection C below, no application for major subdivision sketch plan review, major subdivision preliminary plan review, and conditional use site plan review for cluster subdivision, conditional use site plan review for planned unit development and any other residential land development requiring approval by the Regional Planning Commission shall be accepted for processing by the Department of Planning Services or Regional Planning Commission.
C. 
Exemptions. The following items shall be exempted from the effects of this section:
(1) 
Any complete application for major subdivision preliminary plan review pursuant to Kent County Code Chapter 187, § 187-20, which has been granted an exemption from the Adequate Public Facilities Ordinance or to which the Adequate Public Facilities Ordinance does not apply, that is on file and pending review with the Department of Planning Services and Regional Planning Commission prior to the effective date of this section as set forth below shall not be impeded by the adoption of this section and shall proceed through the major subdivision review process as set forth in Kent County Code Chapter 187.
(2) 
Any complete application for conditional use site plan for cluster development or planned unit development that has received conditional use approval from Levy Court pursuant to Kent County Code Chapter 187, § 187-40, prior to the effective date of this section as set forth below and which has been granted an exemption from the Adequate Public Facilities Ordinance or to which the Adequate Public Facilities Ordinance does not apply, that is on file with the Department of Planning Services and Regional Planning Commission prior to the effective date of this section as set forth below shall not be impeded by the adoption of this section and shall be permitted to proceed to the major subdivision plan review process as set forth in Kent County Code Chapter 187.
(3) 
Any complete application for transfer of development rights plan pursuant to the provisions of Kent County Code, § 187-90.1, that has received Levy Court approval to proceed to major subdivision preliminary plan review and which has been granted an exemption from the Adequate Public Facilities Ordinance or to which the Adequate Public Facilities Ordinance does not apply, that is on file with the Department of Planning Services and Regional Planning Commission prior to the effective date of this section as set forth below shall not be impeded by the adoption of this section and shall be permitted to proceed to the major subdivision plan review process as set forth in Kent County Code Chapter 187.
D. 
Effective Date. This section shall become effective upon enactment.
E. 
Termination date. This section shall terminate on April 22, 2008, unless rescinded sooner by Levy Court.

§ 158-5 Major subdivision and conditional use site plan for cluster subdivision and planned unit development applications and other residential land development requiring approval by Regional Planning Commission.

[Added 6-26-2007 by Ord. No. 07-21]
A. 
Purpose. A emergency moratorium is hereby imposed upon the acceptance or consideration of applications for major subdivision sketch plan review, major subdivision preliminary plan review, and conditional use site plan review for cluster subdivision, conditional use site plan review for planned unit development and any other residential land development requiring approval by the Regional Planning Commission as set forth in Kent County Code Chapter 187. This moratorium is enacted for the purpose of preventing land use applications from being submitted and considered while a moratorium ordinance is considered by the Regional Planning Commission and the Levy Court.
B. 
Duration. This moratorium shall be imposed to and including August 22, 2007. During this time period, except as provided in Subsection C below, no application for major subdivision sketch plan review, major subdivision preliminary plan review, and conditional use site plan review for cluster subdivision, conditional use site plan review for planned unit development and any other residential land development requiring approval by the Regional Planning Commission shall be accepted for processing by the Department of Planning Services or Regional Planning Commission.
C. 
Exemptions. The following items shall be exempted from the effects of this section:
(1) 
Any complete application for major subdivision preliminary plan review pursuant to Kent County Code Chapter 187, § 187-20, which has been granted an exemption from the Adequate Public Facilities Ordinance or to which the Adequate Public Facilities Ordinance does not apply, that is on file and pending review with the Department of Planning Services and Regional Planning Commission prior to the effective date of this section as set forth below shall not be impeded by the adoption of this section and shall proceed through the major subdivision review process as set forth in Kent County Code Chapter 187.
(2) 
Any conditional use site plan for cluster development or planned unit development that has received conditional use approval from Levy Court pursuant to Kent County Code Chapter 187, § 187-40, prior to the effective date of this section as set forth below and which has been granted an exemption from the Adequate Public Facilities Ordinance or to which the Adequate Public Facilities Ordinance does not apply shall be permitted to proceed to the major subdivision plan review process as set forth in Kent County Code Chapter 187.
(3) 
Any transfer of development rights plan pursuant to the provisions of Kent County Code, § 187-90.1, that has received Levy Court approval to proceed to major subdivision preliminary plan review and which has been granted an exemption from the Adequate Public Facilities Ordinance or to which the Adequate Public Facilities Ordinance does not apply shall be permitted to proceed to the major subdivision plan review process as set forth in Kent County Code Chapter 187.
D. 
Effective date. This section shall become effective upon enactment.
E. 
Termination date. This section shall terminate on August 22, 2007, unless rescinded sooner by Levy Court.