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Delaware General AssemblyDelaware RegulationsAdministrative CodeTitle 14400

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1.0 General Provisions

Pursuant 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.

22 DE Reg. 296 (10/01/18)


2.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

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 and New Castle County Department of Land Use.

"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 his or her designee.

Voluntary School Assessment” means the assessment amount calculated by the Secretary pursuant to 14 Del.C. §103(c).

22 DE Reg. 296 (10/01/18)


3.0 Certification of Adequate Capacity

3.1 The Secretary shall issue a Certification of Adequate Capacity for a proposed development if the school district in which the proposed development is located has adequate capacity for the increased demand that will result from the proposed development.

3.1.1 A school district has adequate capacity for a proposed development if the elementary, middle, and high schools in the proposed development's feeder pattern each do not exceed 85 percent of the maximum number of students the schools can contain based on each school's physical space and class size for each grade level.

3.1.2 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.

3.1.3 Capacity is determined by the district at the time a developer submits a completed request for a Certification of Adequate Capacity.

22 DE Reg. 296 (10/01/18)


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 percent of the total cost of a residential unit.

4.1.1 For the purpose of this regulation, the total cost of a residential unit shall mean the total cost to construct the unit. The total cost shall equal the Gross Area of the unit multiplied by the square footage construction cost that is derived from the Building Valuation Data table that is first issued for the current calendar year. The total cost shall not include the cost of land and site work.

4.1.2 The developer shall contact the Department to identify residential units subject to the 5 percent limitation.

18 DE Reg. 304 (10/01/14)

22 DE Reg. 296 (10/01/18)


Last Updated: September 11 2020 17:10:31.
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