“Rezoning on Demand — How R25-127 Quietly Gave Developers the Upper Hand.”

Power Behind Closed Doors

A Series on Council Rule Changes That Quietly Strip Away Accountability

By Karen Hartley-Nagle, Former President of New Castle County Council (2016–2024)​​​

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A Rule That Looks Harmless

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On August 26, 2025, New Castle County Council will vote on Resolution No. 25-127, sponsored by Councilwoman Janet Kilpatrick.

The proposal is pitched as nothing more than an “update” — a modernization of Council’s procedures to remove “outdated” language about rezoning hearings. But what it really does is scrap one of the last guardrails that ensured residents had a fighting chance to prepare, organize, and be heard.

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What R25-127 Does

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• Removes the calendar: For years, rezonings and Hometown Overlay ordinances were only heard three times a year — in February, June, and October. That gave everyone, from civic associations to neighborhood residents, predictability and notice.

• Allows anytime hearings: Under R25-127, rezonings can now be heard whenever Council wants, so long as they follow County Code. That means developers and sponsors can pick their moments strategically.

• Permits substitutions: Changes to the technical details of development plans can be made by substitute before the Planning Board holds its public hearing, eliminating the need to restart the process even when the underlying plan has materially changed.

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Who Wins and Who Loses?

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The Winners: Developers and Their Council Allies

Developers no longer need to wait for the February–June–October calendar. They can push rezonings forward at politically convenient times — before an election, during the holiday season, or in the middle of summer when neighbors are away. This flexibility isn’t for the public’s benefit; it’s for those trying to move projects with as little opposition as possible.

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The Losers: Residents and the Council President

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• Residents lose predictability. The tri-annual schedule told them when to show up, when to prepare, and when their voices mattered. Without it, rezonings can slide onto the agenda at any time, leaving citizens scrambling.

• The Council President loses pacing power. Once, the President could oversee the rezoning calendar and maintain order in how these massive land-use decisions were considered. Now, that authority is undercut, replaced by the convenience of sponsors.

• The process becomes an inside game. Only those with insider access — developers, their attorneys, and allied councilmembers — will know when rezonings are moving.

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Why It’s Dangerous

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Land use is the beating heart of county government. It decides where development happens, how neighborhoods grow, how schools are impacted, how traffic is shaped, and how taxes are ultimately raised.

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By stripping away the predictability of the calendar, R25-127 tilts the balance of land use toward speed and away from public participation.

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What’s framed as a “procedural clean-up” is really a recalibration of power. The public is pushed to the margins while developers are handed the microphone.

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A Larger Pattern

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When viewed alongside R25-149 (the rule change allowing sponsors to cut off ordinance readings after only a partial title is introduced), the pattern is unmistakable:

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• Shorter introductions.

• Fewer readings.

• Less predictability.

• More control for insiders.

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Each “minor” change chips away at the transparency and accountability residents rely on.

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The Real Cost

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The real cost of these changes isn’t measured in procedural efficiency. It’s measured in trust — and in the neighborhoods that will be blindsided by rezonings they didn’t see coming.

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Government should not run like an insiders’ club. It should be predictable, transparent, and accountable. That’s what makes democracy real at the local level.

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Final Word

 

As someone who presided over County Council for eight years, I know the importance of rules. They aren’t minor details. They are the guardrails that keep power honest.

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R25-127 tears down one of those guardrails. And once it’s gone, it’s the residents — the taxpayers, the homeowners, the families of New Castle County — who will pay the price.

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Sources

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• Resolution No. 25-127: To Amend Council Procedural Rule 4 Regarding Rezoning/Hometown Overlay Ordinances (sponsored by Ms. Kilpatrick, introduced August 26, 2025)

• Resolution No. 25-149: To Amend Council Procedural Rule 4 Regarding Introduction of Ordinances (sponsored by Mr. Smiley, introduced August 26, 2025)

• Delaware Code Title 9, Sections 1150 & 1152: Authorizing County Council to adopt its own rules of procedure.

 

👉 Next in the series: “The Death by a Thousand Cuts — How Procedural Shortcuts Add Up to Big Losses for Residents.”

It’s erosion.