3 Del. Admin. Code § 701-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 701-5.0 - District Restrictions

5.1 Any rezoning or major subdivision of real property included in an Agricultural Preservation District is prohibited. [3 Del.C. § 909 (a)(1)]

5.2 The submission of applications or preliminary rezoning or subdivision plans for any property within an Agricultural Preservation District to a county or municipality shall be considered evidence of the intent to rezone or subdivide and no action shall be taken by any county or municipality on any such application until the expiration of the District Agreement.

5.3 During the term of the District Agreement, the property shall be used for "agricultural and related uses" and shall be used in such a way so that the property continues to qualify as "viable and productive agricultural land" as defined under provisions of the Farmland Assessment Act. [9Del.C. §§ 8329 - 8333] No more than 1 acre of land for each 20 acres of usable land, subject to a maximum of 10 acres, shall be allowed for dwelling housing. For purposes of calculating the number of acres allowable for dwelling housing, fractions of any acre shall not be allowed. By way of example, if a farm consists of 45 acres of usable farmland, the number of acres allowed for dwelling housing shall be 2, and not 2.25.

5.4 The phrase 'agricultural and related uses' shall have the meaning set forth in 3 Del.C. § 909, as the same may be amended from time to time.

5.5 Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel, loam, rock or other minerals is prohibited unless such action is currently required by or ancillary to any preparation for, or operation of any activities including, but not limited to: aquaculture, farm ponds, cranberry operations, manure handling facilities, and other activities directly related to agricultural production.

5.6 Activities that would be detrimental to drainage, flood control, water conservation, erosion control or soil conservation are prohibited.

5.7 Any other activity that might negatively affect the continued agricultural use of the land is prohibited.

5.8 The term "usable land owned in the district" [3 Del.C. § 909 (a)(2)], shall be defined as any land meeting the requirements for agricultural, horticultural or forest land in the Farmland Assessment Act of 1968 [9 Del.C., Chapter 83] and [3 Del.C. § 403] or criteria for farm definition as established by the National Agricultural Statistics Service.

5.9 The District Agreement and District requirements and benefits shall be binding on the heirs, successors and assigns of property owners of lands within a District. A property owner in a District shall provide written notice to the Foundation of any proposed transfer of property subject to the District Agreement at least ten (10) days in advance of the transfer, and shall give written notice to any successor or assign at least ten (10) days in advance of the date of transfer of the property that the property is subject to District restrictions. The party taking title shall execute a document as required by [3 Del.C. § 909 (a)(2)c.] acknowledging the acreage allowed for dwelling housing and the restrictions which apply to the property. The failure of the property owner to notify the transferee as provided herein shall not affect the transferee's obligation to comply with the terms and conditions of the District Agreement upon the transfer of title.

5.10 Under 3 Del.C. § 909 (a)(3), all restrictions shall be covenants which run with and bind the lands in the District for a minimum of ten (10) years, beginning when the District Agreement takes effect as specified in the District Agreement.

3 Del. Admin. Code § 701-5.0

19 DE Reg. 482 (12/1/2015) (Final)