THE PRELIMINARY LAND USE SERVICE (PLUS)
The Preliminary Land Use Service (PLUS), outlined in Chapter 92 of Title 29 of the Delaware Code, provides for state agency review of major land use change proposals prior to submission to local governments.
|
Current Activity |
PLUS Location Maps
|
All About PLUS
|
PLUS Archives |
PLUS Meeting Schedule
The PLUS review meetings are generally held on the fourth Wednesday of each month (calendar-permitting). A second (alternate) meeting is sometimes needed, due to the volume of applications. Those alternate meetings have been tentatively scheduled. Applications for review at PLUS meetings must be received by the Office of State Planning Coordination by the first state government working day of that month. Meeting dates, with exact times and locations, are also posted on the OSPC Calendar page. Agendas for PLUS meetings are linked, when posted, from the meeting dates listed below. Agendas are posted as PDF files.
- January
Deadline: Friday, January 2, 2009
PLUS Meeting: Wednesday, January 28, 2009
Meeting Rescheduled to February 4, 2009, due to inclement weather.
Notes: Agenda posted 1/7/09. Rescheduled agenda posted 1/28/09. - February
Deadline: Tuesday, February 3, 2009
PLUS Meeting: Wednesday, February 25, 2009
Notes: Agenda posted 2/4/09 and revised on 2/9/09 - March
Deadline: Monday, March 2, 2009
PLUS Meeting: Wednesday, March 25, 2009
Notes: Agenda posted 3/5/09 -
April
Deadline: Wednesday, April 1, 2009
PLUS Meeting: Wednesday, April 22, 2009
Notes: Agenda posted 4/7/09 -
May
Deadline: Friday, May 1, 2009
PLUS Meetings: Wednesday, May 27, 2009 and Wednesday, June 3, 2009
Notes: Agendas posted 5/7/09 -
June
Deadline: Monday, June 1, 2009
PLUS Meeting: Wednesday, June 24, 2009
Notes: Agendas posted 6/3/09 -
July
Deadline: Wednesday, July 1, 2009
PLUS Meeting: Wednesday, July 22, 2009
Alternate Meeting: Wednesday, July 29, 2009
-
August
Deadline: Monday, August 3, 2009
PLUS Meeting: Wednesday, August 26, 2009
Alternate Meeting: Wednesday, September 2, 2009
-
September
Deadline: Tuesday, September 1, 2009
PLUS Meeting: Wednesday, September 23, 2009
Alternate Meeting: Wednesday, September 30, 2009
- October
Deadline: Thursday, October 1, 2009
PLUS Meeting: Wednesday, October 28, 2009
Alternate Meeting: Wednesday, November 4, 2009
- November
Deadline: Monday, November 2, 2009
PLUS Meeting: Wednesday, November 25, 2009
Alternate Meeting: Wednesday, December 2, 2009
- December
Deadline: Tuesday, December 1, 2009
PLUS Meeting: Wednesday, December 23, 2009
Alternate Meeting: Wednesday, December 30, 2009
PLUS Meeting Schedule Archives
PLUS Forms
- The PLUS Checklist (PDF) is designed to help applicants and local jurisdictions determine which land use change proposals should be submitted for PLUS review.
- The PLUS Project Application (WORD) should be downloaded by those seeking a PLUS review of their project. This document should be renamed name_plus_application.doc (where "name" is the name of the project) and e-mailed to the Office of State Planning Coordination. This document is also available in the PDF format.
- The Comprehensive Plan PLUS Form (WORD) should be downloaded by municipal governments seeking a PLUS review of Comprehensive Plans. This document should be renamed name_comp_plan_plus_form.doc (where "name" is the name of the municipality) and e-mailed to the Office of State Planning Coordination. This document is also available in the PDF format.
- The Comprehensive Plan Amendments and Ordinances PLUS Form (WORD) should be downloaded by municipal governments seeking a PLUS review of amendments to their Comprehensive Plans or ordinances proposed to implement those plans. This document should be renamed name_comp_plan_amendments_and_ordinances_plus_form.doc (where "name" is the name of the municipality) and e-mailed to the Office of State Planning Coordination. This document is also available in the PDF format.
GIS Data
The Office of State Planning Coordination publishes a simple spatial data set (plus_projects.zip) showing the locations of projects under review through the PLUS process. This data set includes the PLUS-ID numbers that tie the polygons in the spatial data to the projects listed above. This data collection also includes a DBF file with project details that can be linked with the GIS data set. Metadata is included in the ZIP file.
A simple site-location web-map, created using the Google Maps API, shows the latest PLUS locations. The Office also offers a version of the locations and basic project information that can be opened using the free Google Earth browser: plus_projects.kmz.
About the PLUS Process
The PLUS process involves reviews by all applicable state agencies at the start of the land development process, adding value and knowledge to the process without taking over the authority of local governments to make land use decisions.
Land use change proposals are submitted to state agencies through the Office of State Planning Coordination and are the subject of monthly PLUS meetings, hosted by the Office, at which applicants meet with state agency resource experts to discuss their plans and identify possible problems, and solutions.
This new, up-front process has a three-fold purpose:
- To identify and mitigate potential impacts of development which may affect areas beyond local boundaries;
- To fully integrate state and local land use plans; and
- To bring state agency staff together with developers, and local officials, early in the process.
It benefits applicants in several ways:
- It allows for a faster review when a proposal is included in a certified comprehensive plan;
- It provides rewards for development that follows Livable Delaware standards; and
- It promotes the sharing of ideas and resources among state, county and local governments.
Applicants are able to fully explain their projects to a group of planners representing all state agencies and to interact with those planners in a constructive dialogue. The streamlined process shortens state response time to more closely coordinate with local time lines. State comments are received in time to be of use and more completely reflect state and local land use plans and regulations.
Background
The Delaware Office of State Planning Coordination, working with a wide variety of partners within state and local government and from the private sector, drafted a revision of the Land Use Planning Act, also known as "LUPA," which dates to the late 1970s. This revision, which passed the 142nd Delaware General Assembly and was signed into law as Senate Bill 65, updates and streamlines the LUPA process and provides more useful and timely technical input to the development community and to local government land use decision-making processes. The new process has come to be known as the Preliminary Land Use Service, or "PLUS."
In the past, the development community and local governments identified several drawbacks to the LUPA process, including:
- A lack of timely decisions. It was agreed that it is important to bring state agency reviews into the process earlier than had been the case. State agency comments often came too late in the process to be of use to local governments.
- A lack of consistency. Developers complained that the standards by which state reviewers commented on proposals changed over time.
- A lack of alternatives. State agency comments tended to be limited to existing regulatory regimes and did not offer constructive opinions and options to improve project plans.
- A lack of information exchange. The previous LUPA law did not spell out what information about projects should be given to the state for review. That led to comments that missed the mark, and added to confusion in the public process.
At the same time, state agency planners came to recognize similar problems with LUPA. The Office of State Planning Coordination took all of these concerns into consideration and developed the PLUS process, an update of the LUPA process designed to meet the needs of developers and local governments and to achieve the goals of Livable Delaware.
Frequently Asked Questions
If I have a certified plan, will projects in my town still have to go through this process? What benefit is it to me to get my plan certified?
If you have a certified plan, any annexation or rezoning which is in compliance with that plan will not have to go through the process. Local governments will still have to notify the Office of State Planning Coordination, which will track projects and determine whether they are in compliance.
My jurisdiction has a very thorough process now, and very strict regulations. Why do I have to go through this extra step with the state?
The law allows the Office of State Planning Coordination to craft agreements with local governments that have review processes and regulations that are more restrictive than the corresponding state requirements. These agreements may allow local jurisdictions to by-pass the new PLUS process, where appropriate.
My town has a certified plan that includes an annexation plan. Why does the state need to review annexation proposals for my town?
Under the PLUS law, it is the responsibility of the Office of State Planning Coordination to determine whether proposed annexations are consistent with certified comprehensive plans and annexation plans. If they are, the Office will only track the proposals and will not need to review and comment on them.
How long will this process take, and will it create delays in the local review of land use applications?
Moving state agency review to the front of the process ensures that comments will be available, and can be addressed, before a developer applies to a local jurisdiction for a land use change. This saves time and reduces the incidence of last-minute comments that can cause delays. It provides the opportunity to modify proposals in response to state comments before submittal, leading to better proposals. This should not impact local review time lines in any way. In addition, the law puts time limits on state reviews to ensure that development proposals are reviewed in a timely manner.
Are the Traffic Impact Study (TIS) procedures of the Delaware Department of Transportation (DelDOT) included in the New LUPA, and will that process change?
No. The PLUS law does not change the Traffic Impact Study process.
Wasn't much of this already in state law?
Yes, but the new PLUS law streamlines and clarifies the process.
How does the law define "Environmentally Sensitive Areas" in which many proposals are subject to review under PLUS?
The PLUS law defers to the comprehensive plans and/or ordinances of local jurisdictions to determine those areas that are environmentally sensitive.
If I go through this pre-review process, will I also have to go through LUPA again?
No. PLUS replaces LUPA.
Do local jurisdictions still have to provide written correspondence on each land use decision?
Yes, local jurisdictions still have to notify the Office of State Planning Coordination. This allows the state to more closely track land use changes and help state agencies improve the services they provide to local jurisdictions based on land use change.
Will this swamp the Office of State Planning Coordination with applications?
No. The law gives the state the ability to work together with local jurisdictions to ensure that state agency planners review the most appropriate projects.
Does this expand state authority or usurp the powers of local jurisdictions?
No. The new process respects the powers of local jurisdictions and relies upon them to make sound land use decisions. The state review process is recast in an advisory role intended to provide useful comments to jurisdictions and developers prior to formal local review, allowing everyone to make better decisions with more complete and helpful input from the state. The responsibility for land use decisions remains at the local level.
Will there be an opportunity for the public to participate in land use decisions reviewed through this process?
Yes. The application and public hearing processes of local jurisdictions are not changed by this process. The new PLUS process will simply make state comments available earlier in the process.
