An ordinance designed to limit the height of a landfill in New Castle County and give county leaders more input in the development of industrial properties will remain in full effect after a Delaware Supreme Court judge last week reaffirmed a lower court’s decision in a case challenging the ordinance.
The ordinance requires a special use review for future industrial uses in areas zoned for heavy industry. That means to win approval for future changes or expansion at the New Castle-area site known as Atlas Point, Croda will have to enter the lengthier and more discretionary review process for special use. Previously, it could have submitted a plan that would be approved “by right” as a heavy industry use in an area zoned for heavy industry.
The first section of the ordinance limits the height of landfills in New Castle County to 140 feet and was the primary selling point when New Castle County Council discussed the ordinance in 2019. The second section changes the code to require property owners with heavy industry-zoned property to obtain a special use permit before expanding heavy industry use of their property.
