NCCo’s WFH Ordinance and Local Vs State Roles
Nov 4th, 2008 by RSmitty
Due to the recent and wholly exaggerated and inaccurate attacks from Bill Powers against Dick Cathcart, Mr. Cathcart provided a response that again clarifies the responsibilities in regard to land use and how they are applying to the developers dream known as NCCo’s WFH Ordinance. PLEASE read it objectively, thoroughly, and carefully. If you live in NCCo, especially in areas under the gun from this dibacle, you must be educated on what is happening and also to avoid being deceived into inaccuracies from those who left their fingerprints all over this handout to friends. NO CONFIDENCE TO THESE COUNCIL MEMBERS!!!
I have pasted it here:
LET THERE BE NO MISTAKE – THE COUNTIES AND LOCAL MUNICIPALITIES IN DELAWARE ARE THE ONLY ENTITIES THAT VOTE TO ALLOW DEVELOPMENT. NO STATE AGENCY CAN STOP DEVELOPMENT – THEY CAN ADVISE, BUT THE ULTIMATE DECISION TO ALLOW DEVELOPMENT IS ALWAYS WITH THE LOCAL JURISDICTION.
In 1998, when New Castle County would not impose impact fees on the developers, a state law was passed to require developers to pay impact fees for the local portion of the cost of new school construction. This legislation was passed in an era when development was rampant in our County, and the tax payers were picking up the tab.
Now 10 years later New Castle County has passed a Workforce Housing Incentives law. This law has more to do with giving incentives to developers during bad economic times than it does with giving affordable housing to those with lower incomes. The main incentive in this law is to allow the developers to build at least double the number of homes than they would have been allowed to build, in that same location, if this ordinance was not passed. And it allows for developers who already have projects under construciton to change those plans over to workforce housing plans and double the density, without going through the land use process or public hearings.
During meetings held in October 2007, in an effrort to draft the wording for the Workforce Housing ordinance, Vince D’Anna of the Board of Realtors stated that the “transit requirement is a regulatory barrier, (and) would eliminate anything south of the canal for eligibility” and Wendi Stabler, Real Estate Attorney said “public transit requiremnet for ST is a problem”. (ST – Suburban Transition zoning district)
The Workforce Housing Incentives Ordinance was written and introduced on November 13, 2007. There was a public hearing by the Planning Board on this law, but it is not a policy of New Castle County to notify the General Assembly of public hearings. As land use is a function of the County I do not routinely follow every ordinance that is introduced. Following a favorable recommendation by the Planning Board the WORKFORCE HOUSING INCENTIVES Ordinance was passed in February 2008. All Councilpersons voted for this ordinance.
On April 8, 2008 Council President Paul Clark (married to Pam Scott – real estate attorney) introduced Ordinance 08-040 – which has been dubbed the “Pam Scott Law”. This ordinance removed the public transit component from the ST zoning district. This Ordinance passed on July 8, 2008. This ordinance removed all barriers for placing Workforce housing development in Appoquinimink. Bell, Powers, Clark, McClellan, Reda, Sheldion and Smiley voted in favor of the ordinance.
So, while members of County Council are blaming the Workforce Housing Ordinance on the General Assembly, please remember that it was the County Council that wrote and passed the Workforce Housing Incentives Ordinance and the Pam Scott Law which took away the barrier – allowing Workforce housing to be buillt in Appoquinimink.
WHILE NEW CASTLE COUNTY HAS HOME RULE WHICH PRECLUDES THE GENERAL ASSEMBLY FROM MAKING LAND USE DECISIONS, WE DO GET INVOLVED IF WE FEEL THAT THE LOCAL JURISDICTION HAS MADE AN AGGREGIOUS ERROR. IN THIS CASE I BECAME INVOLVED AS SOON AS I WAS AWARE OF WHAT WAS HAPPENING. I BELIEVE THAT THIS IS AN ILLEGAL REZONING AND HAVE AGREED TO TRY TO RECTIFY THE LAW THROUGH THE STATE AND BECOME A LITIGANT IN ANY CASE BROUGHT TO CHANCERY COURT BY THE CITIZENS OR SCHOOL DISTRICT.
