Authenticated PDF VersionPursuant to 14 Del.C. §103(c), this regulation shall apply to Voluntary School Assessments that are required in lieu of Certifications of Adequate Capacity for proposed residential developments in New Castle County and Sussex County.
The following words and terms, when used in this regulation, have the following meaning:
“Building Valuation Data” or “BVD” means the average construction costs as published biannually by the International Code Council, which can be used for determining permit fees for a jurisdiction.
"Certification of Adequate Capacity" means a certification that the school district in which a proposed development is located has 85% or less capacity for the elementary, middle, and high schools in the proposed development's feeder pattern. Such certification is issued by the Secretary based on information provided to the Department by the school district, New Castle County Department of Land Use, or Sussex County.
"Department" means the Delaware Department of Education.
“Gross area” means the calculated square footage of a residential unit.
"Secretary" means the Secretary of the Delaware Department of Education or the Secretary's designee.
“Voluntary School Assessment” means the assessment amount calculated by the Secretary pursuant to 14 Del.C. §103(c).
3.0 Certification of Adequate Capacity
3.2 Determining Adequate Capacity
3.2.2 Capacity shall include students who are enrolled in the proposed development's feeder pattern schools based on their residence, as provided in 14 Del.C. §202(c), and through the Delaware's School District Enrollment Choice Program as provided in 14 Del.C. Ch. 4.
4.0 Determining Total Cost of a Residential Unit
4.1 Pursuant to 14 Del.C. §103(c)(3), a Voluntary School Assessment shall not exceed 5% of the total cost of a residential unit.
4.2 Determining Total Cost of a Residential Unit
4.2.1.2 The total cost shall not include the cost of land and site work.
