A.

This Article establishes the Economic Empowerment District (EED) to facilitate employment uses and complementary accessory uses in a master planned, campus-like setting. Uses shall consist of targeted industries as identified by the New Castle County, Delaware, Economic Development Strategic Plan, dated September 2014, as may be amended or updated, and shall consist of corporate headquarters, high technology offices, research and/or light assembly centers, or master planned employment centers.

B.

The EED implements the Comprehensive Plan and the New Castle County, Delaware, Economic Development Strategic Plan, dated September 2014, as those plans may be amended or updated, by:

1.

Clearly defining uses that implement the County's economic development priorities; and

2.

Creating standards that facilitate employment sectors which create long term, sustainable job growth for the County while protecting surrounding neighborhoods; and

3.

Establishing a clear and predictable path to approval for the target industries identified in the EED regulations.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

The EED is a special district.

B.

Each EED district shall have a separate designation and shall have a set of guidelines to accommodate development or reuse of land located within that EED. Each EED district establishes development standards that apply to development in that district. Development standards shall be part of the ordinance that is approved by County Council. UDC standards that apply to the site prior to adoption of the ordinance designating an EED shall continue to apply to the development unless those standards are replaced or modified in the EED ordinance.

C.

The EED shall not affect any of the following standards, all of which supersede the requirements of this section or any conditions of an EED approval:

1.

Site capacity and concurrency calculations (Article 5) - site carrying capacity shall be based on the applicable bulk and area standards from Table 40.04.110, using the zoning district and use category that most closely matches the proposed development.

2.

Environmental standards (Article 10).

3.

Transportation impact (Article 11) - except that the applicant must annotate and evaluate the estimated gross floor area of future buildings for a traffic analysis and if required, a traffic impact study shall be completed and reviewed by DelDOT and the Department of Land Use prior to approval by County Council.

4.

Sewer and water impact (Article 12).

5.

Impact fees (Article 14).

6.

Minimum required bufferyards along any boundary with a residential (ST, S, SE, SR, TN, MM, or NC) zoning district.

(Ord. No. 16-066, § 4, 1-10-2017)

The County may apply an EED to areas of the County only where the development meets the criteria provided in this Section.

A.

Parcel size. The minimum parcel size for an EED is ten (10) acres. However, the County Council may approve an EED of between five (5) and ten (10) acres if:

1.

At least ninety (90) percent of the total floor area within the proposed EED consists of target industries as identified in Subsection 40.17.302.A.2;

2.

At least twenty-five (25) percent of the projected trips are reduced through the use of transportation demand management (TDM) measures (see Subsection 40.17.303.E); and

3.

The EED is not rezoned from any residential district.

B.

Location. The area or site within the proposed district must take access from a collector or arterial street, or be located within one-quarter (¼) mile of a bus stop or within one-half (½) mile of a commuter rail station.

C.

The EED is consistent the County's policies to attract target industries as identified in the New Castle County, Delaware, Economic Development Strategic Plan, dated September 2014, as may be amended, revised, or updated.

D.

Boundaries.

1.

All land within the district boundary shall be contiguous.

2.

County Council may expand the boundaries of the proposed EED to include additional contiguous land if it finds that the modification meets the purpose of the proposed EED.

E.

Guiding principles. The applicant is encouraged to consult The New Castle County Guiding Principles.

F.

Overlapping districts. An EED may overlap an overlay zone; however, the EED or conditions of approval do not supersede the requirements of any overlay zone.

G.

Use allocation for target industries. The allocation of gross floor area (GFA) for a proposed EED shall comply with the following percentages:

1.

Eighty (80) percent of GFA for target industries for projects up to one hundred thousand (100,000) SF GFA.

2.

Eighty-five (85) percent of GFA for target industries for projects from one hundred thousand one (100,001) SF to five hundred thousand (500,000) SF GFA.

3.

Ninety (90) percent of GFA for target industries for projects over five hundred thousand (500,000) SF GFA.

(Ord. No. 16-066, § 4, 1-10-2017)

An ordinance shall be required to establish each EED. The ordinance establishing an EED shall identify the boundaries for the EED, establish development and design standards for the EED, and contain a designation distinguishing the EED from other EEDs.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

Initiation. The establishment of an EED may be initiated by:

1.

The Department; or

2.

Submission of an application signed by owners of one hundred (100) percent of the property within the proposed EED.

B.

Application contents. An application shall be accompanied by the required filing fee and shall include the following information:

1.

Applicants' names, contact information, and signatures;

2.

Precise boundaries indicated on a map and including a list of all tax parcel numbers within the proposed EED; and

3.

Statement of justification describing how the application meets the EED designation criteria, and why the rezoning would promote the best interest of the economy, surrounding neighborhood, and the County.

C.

Pre-application sketch plan review/conference. In addition to the requirements of Section 40.31.112 of this Chapter, the following is required:

1.

A site plan that demonstrates compliance with the proposed design standards; and

2.

Building elevations or architectural sketches that demonstrate compliance with the proposed design standards. The applicant shall provide building elevations before the final exploratory plan report is prepared, and those elevations must be made part of the public record for at least thirty (30) days before the public meeting at which County Council renders a decision.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

Property owner/stakeholder meeting. The applicant is strongly encouraged to engage the community at the earliest possible moment. The applicant shall arrange for an area-wide meeting to inform the community about the EED after the pre-application sketch plan review conference. The applicant shall complete the area-wide meeting before submitting the exploratory plan.

B.

EED planning process. The applicant shall prepare the required studies, reports and draft development and design standards per Division 40.17.300.

C.

Notice. After the Department determines that the application is complete and the area-wide meeting has occurred, notice of the rezoning shall be provided in accordance with Article 31.

D.

Procedure.

1.

Department shall authorize the application to be heard by PLUS upon receiving a complete submission.

2.

The Department shall schedule a public hearing before the Planning Board pursuant to Article 31 after the Department has prepared the draft EED ordinance.

3.

The EED ordinance shall be subject to the requirements and procedures contained in Article 31 for rezoning applications and shall include conditions of approval that incorporate the development and design standards.

E.

Findings. County Council may adopt an EED ordinance upon finding that:

1.

The rezoning meets the standards in Section 40.31.410 (standards for zoning map amendment);

2.

The EED meets the designation criteria above; and

3.

The applicant has demonstrated that it has adequately mitigated traffic concerns through a traffic impact study (if required) pursuant to Article 11.

F.

Expiration.

1.

The applicant shall secure exploratory sketch plan approval and commence construction of approved floor area within five (5) years from the effective date of the rezoning or it will become subject to the sunsetting provisions of Section 40.01.130. County Council may establish additional time in the rezoning conditions. The Department may initiate a rezoning to the former zoning classification if the applicant does not submit a timely exploratory sketch plan.

2.

If commencement of construction does not occur on at least twenty (20) percent of the approved floor area within five (5) years from the effective date of the rezoning:

a.

The applicant shall file an updated traffic impact study based on the conditions identified in Section 40.11.130 at that time. The Department shall approve, approve with conditions or disapprove the traffic impact study before any further minor land development plan or building permit is approved for the project; and

b.

The applicant shall obtain new water capacity calculations pursuant to Section 40.05.310 and verification that sewer capacity will be available pursuant to Section 40.05.320.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

After the EED is approved, any submission shall be reviewed as a minor land development plan and must comply with the EED ordinance that was approved by County Council.

B.

In addition to the information required for a minor land development plan application, the exploratory sketch plan shall include:

1.

Building elevation drawings prepared by a registered architect for each proposed structure;

2.

Conceptual drawings of sections through the site illustrating existing and proposed grades, as well as the relationship of different site features;

3.

Conceptual landscape, stormwater management, open space and amenity plans; and

4.

The identification of the total floor area to be allocated to the required target industry as outlined in Subsection 40.17.102.G.

C.

The Department shall review the exploratory sketch plan to determine compliance with the development and design standards adopted for the district.

D.

If the Department determines that the exploratory sketch plan conforms to the development and design standards adopted for the EED, it shall approve the exploratory sketch plan.

E.

If the Department determines that the exploratory sketch plan does not conform to the development and design standards adopted for the EED, the Department shall not approve the exploratory sketch plan and shall identify the specific development and design standards of non-compliance.

F.

After the applicant obtains exploratory sketch plan approval, the applicant may proceed to record plan review.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

The development standards established in this Division and any condition of the EED approval shall apply to all minor land development plans and building permits issued within the designated EED.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

Conditions of EED approval shall identify the allowable uses permitted in the EED. Uses not specifically listed in the conditions of approval are not allowed in the EED. Required uses, permitted uses, limited uses, special uses and allocation of uses by floor area shall be approved as part of the ordinance creating the EED.

1.

Conditions of EED approval may include any of the following uses:

EED District Uses

2.

The following industrial classifications (defined in the NAICS or as further provided below) shall be considered target industries for the purpose of satisfying the use allocation requirements of Section 40.17.102:

a.

Advanced materials. Advanced materials include establishments that process new materials or existing materials that have been modified so as to have different atomic and structural properties leading to different characteristics and suitability for different applications and purposes that provide superior performance. The advanced materials sector includes business or management methodologies, research and development, manufacturing processes, and products made from those materials. Materials may include metals, polymers, ceramics, fabrics and textiles, glasses and composites, or additional materials customarily included within this industry category. Advanced materials include any of the following categories:

Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133)

Other Textile Product Mills (NAICS 3149)

Converted Paper Product Manufacturing (NAICS 3222)

Plastic Product Manufacturing (NAICS 3261)

Rubber Product Manufacturing (NAICS 3262)

Offices or research and development functions associated with and accessory to the uses listed above, including any of the following: (NAICS 54199, 55, 6117, 4885, 7113-7115, 8132-8133, 8134, 8139, 921, 92211, 92213, 92219, 923-928)

Accounting, Tax Preparation, Bookkeeping, and Payroll Services (NAICS 5412)

Architectural, Engineering, and Related Services (NAICS 5413)

Specialized Design Services (NAICS 5414)

Computer Systems Design and Related Services (NAICS 5415)

Management, Scientific, and Technical Consulting Services (NAICS 5416)

Scientific Research and Development Services (NAICS 5417)

All Other Professional, Scientific, and Technical Services (NAICS 54199)

Management of Companies and Enterprises (NAICS 551)

Office Administrative Services (NAICS 5611)

All Other Professional, Scientific, and Technical Services (NAICS 54199)

b.

Information technology.

Custom Computer Programming Services (NAICS 514511)

Computer Systems Design Services (NAICS 541512)

Computer Facilities Management Services (NAICS 541513)

Data Analytic Processes for Business and Government Applications (NAICS 548210)

c.

Aerospace and defense.

Small Arms, Ordnance, and Ordnance Accessories Manufacturing (NAICS 332994

Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing (NAICS 334220)

Space Research and Technology (NAICS 927)

National Security (NAICS 92811)

Other Support Activities for Air Transportation (NAICS 48819)

d.

Healthcare and life sciences.

Ambulatory Health Care Services (NAICS 621)

Hospitals (NAICS 622)

Nursing and Residential Care Facilities (NAICS 623)

Social Assistance (NAICS 624)

e.

Business, insurance and financial services.

Commercial Printing (except screen and books, includes digital printing, manifold business forms printing) (NAICS 323111)

Data Processing, Hosting, and Related Services (including internet service providers, web search portals) (NAICS 518)

Non-depository Credit Intermediation (NAICS 5222)

Activities Related to Credit Intermediation (NAICS 5223)

Securities, Commodity Contracts, and Other Financial Investments and Related Activities (NAICS 523)

Insurance Carriers and Related Activities (NAICS 524)

Funds, Trusts, and other Financial Vehicles (NAICS 525)

Activities Related to Real Estate (NAICS 5313)

Lessors of Nonfinancial Intangible Assets (NAICS 533)

Legal Services(NAICS 5411)

Accounting, Tax preparation, Bookkeeping, and Payroll Services (NAICS 5412)

Architectural, Engineering, and Related Services (NAICS 5413)

Specialized Design Services (NAICS 5414)

Computer Systems Design and Related Services (NAICS 5415)

Management, Scientific, and Technical Services (NAICS 5416)

Advertising and Related Services (NAICS 5418)

Marketing Research and Public Opinion Polling (NAICS 54191)

Commercial Photography (NAICS 541922)

B.

Use allocation. Required uses, permitted uses, limited uses, and allocation of uses by gross floor area shall be designated as part of each EED ordinance.

(Ord. No. 16-066, § 4, 1-10-2017)

A.

Required design standards. Design standards shall be approved as part of each EED ordinance. The EED shall identify what is critical to attract target industries with an appropriate level of design and amenities, and may require additional and/or modified standards, as approved by County Council. In addition to regulations, each EED shall include design guidelines standards.

B.

Minimum elements. The design standards for the EED shall include the following minimum elements governing the physical characteristics and features of all property (public or private) within the proposed district:

Building height in feet and number of stories

Building size, massing (frontage, entrance location/features)

Building orientation

General site planning (primary, ancillary structures)

Floor area ratio (FAR)

Lot size and coverage (LSR)

Setbacks

Architectural style and details

Landscaping

Off-street and on-street parking requirements

Off-street loading requirements

Fences and walls

Block design and layout

Ground level open space requirements

Garage entrance locations

Building materials

Driveways and sidewalks

Street trees

Lighting standards for safety and security

Paving patterns, hardscape covering, and roadway and/or streetscape layout and design

Signage

Pedestrian scale and walkability

Street furniture

Design standards not otherwise listed

C.

Building materials.

1.

Building materials are divided into primary and secondary materials. Building exteriors facing and visible from an adjacent public street shall be composed predominantly of primary materials, with any secondary materials limited to accents or subordinate elements of the facade. Additional materials not listed below are permitted if the County Council determines, as a condition of rezoning, that they are similar in appearance and quality to the listed materials.

2.

Permitted primary and secondary materials are as follows:

_____

3.

A building material not listed above may be permitted by the Department if it is similar to the other materials in the same category with regard to durability and quality, appearance, and compatibility with the architectural style of neighboring buildings.

4.

Wall materials shall be consistent horizontally (i.e., joints between different materials shall be horizontal and continue around corners) except for panel inserts (up to fifteen (15) percent of facade) and/or towers, chimneys and piers.

D.

Transportation demand management.

1.

The conditions of approval shall include trip reduction/transportation demand management (TDM) measures where possible to reduce the number of vehicle trips to and from the site.

2.

If transit is available, the site shall be designed to provide access to transit facilities or provide features that enhance access to the transit.

3.

If transit is not currently available, pull-in-pull-out infrastructure must be provided along the frontage or access road to the development so that bus transit can be provided at a later time.

E.

Retail and restaurant uses. Retail and restaurant uses in an EED shall be functionally integrated with the EED targeted uses so that they are accessible within walking distance from the buildings or structures devoted to the EED targeted uses. The retail and restaurant uses shall be oriented so that they are internal to the site and are designed to serve employees working at the site rather than the general public. The standard is met if the retail and restaurant uses are:

1.

Located in a building that is accessed by an internal street, and not a collector or arterial street along the site's frontage or external boundaries.

2.

Located in a building that is attached as a wing wall, by a breezeway, or similar architectural feature, or is located on the same block or within one hundred fifty (150) feet of a building, that includes the EED targeted uses.

3.

Located within a building that is connected to other buildings containing EED targeted uses by a sidewalk or pedestrian path. The sidewalk or pedestrian path may be included as part of the internal street network or integrated with landscaping.

4.

The use includes building materials and architectural features that are similar to or compatible with adjacent buildings. The following features must match those of adjacent buildings:

a.

Frontage types;

b.

Roofline features such as cornices and eaves;

c.

Window styles and proportions;

d.

Primary building materials; and

e.

Spacing of entryways, projections, and other vertical elements of the facade at the ground level.

5.

Signage associated with retail and restaurant buildings shall not be visible from any public right-of-way.

F.

Incentives. The EED ordinance, as approved by County Council, may include incentives (such as alternative parking or landscaping calculations and customized design standards) that are appropriate and encourage economic development within the EED. The designation of an EED does not preclude other regulatory or tax incentives for an applicant, property owner, or business within the EED.

(Ord. No. 16-066, § 4, 1-10-2017)