SB287 Summary

• Requires New Castle, Kent, and Sussex Counties to include an educational element in their comprehensive plans addressing school facility construction and residential development concurrency by December 31, 2025.

• Establishes school capacity certification requirements for residential developers in all three counties prior to recording major subdivision plans, with exceptions for senior housing (55+) and low-income housing developments.

• Enables counties to require developers to pay a Voluntary School Assessment (VSA) in lieu of or partial satisfaction of school capacity certification, with VSA calculations now including off-site roadway improvement costs.

• Allows local school districts and the Department of Education Secretary to require developers to enter into agreements addressing remaining school capacity issues not covered by the VSA.

• Removes provisions preempting New Castle County regulations that link residential development to school capacity, allowing the county greater authority to coordinate development with school planning.