DE SB186

Enables Sussex County to require residential developers to obtain certification from the Department of Education confirming adequate school capacity before recording major subdivision plans, upon county adoption of this requirement.

Exempts developments restricted to residents 55 years or older, low-income housing, and developments where applicants pledge to pay a Voluntary School Assessment (VSA) from school capacity certification requirements.

Establishes that Sussex County cannot adopt regulations linking or restricting residential development to school capacity; any existing such regulations are preempted.

Amends Title 22 to extend school capacity requirements to municipalities in counties utilizing Voluntary School Assessments and applies requirements to lands located within or annexed into municipalities after July 1, 1992.

Modifies the VSA calculation formula in Title 14 to include offsite roadway improvements required by the state transportation department and removes geographic limitations specific to New Castle County.