As used in this chapter, unless the same shall be inconsistent with the context:
(1) "Commission" means "Regional Planning Commission of Kent County" created by this chapter.
(2) "Council" means "the Council of the Mayor and Council of Dover."
(3) "County Engineer" means "County Engineer of Kent County."
(4) "County government" means the county governing body of Kent County.
(5) "District" means "Regional Planning District of Kent County" created by this chapter.
(6) "Highway Department" means "State Department of Transportation of the State of Delaware."
(7) "Land development" means "any tract or parcel of land upon which is proposed the construction or erection of 1 or more
commercial, industrial, multi-family, or mobile home park use."
(8) "Recorder's office" means "Recorder of Deeds in and for Kent County."
(9) "Road" includes any "road," "street," "highway," "freeway," "parkway" or other public thoroughfare.
(10) "Subdivision" means division of any part, parcel or area of land by the owner or the owner's agent, into lots or parcels
2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets,
lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots
fronting thereon. A subdivision includes:
a. Any division of a parcel of land having frontage on an existing improved street into 2 or more lots, 1 or more of which
have frontage on the existing street;
b. Any development of a parcel of land which involves installation of streets and driveways whether or not dedicated and whether
or not the parcel is divided for the purpose of immediate conveyance, transfer or sale;
c. Any resubdivision and, as appropriate, shall refer to the process of subdividing land or the land so subdivided.
(11) "Minor subdivision" means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land
is created, either said created parcel is not on a new road, or said created parcel(s) is on a private road approved pursuant
to regulations adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision
and shall not apply to the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision
is sought. Original tract shall be deemed to be all tracts separately in existence upon effective date of this definition.
9 Del. C. 1953, § 4801; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 5, 6; 60 Del. Laws, c. 503, § 22; 67 Del. Laws, c. 167, § 1; 69 Del. Laws, c. 410, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4802. Regional Planning Commission and Regional Planning District; statement of purposes.
For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated
plans for roads, airways, railways, public buildings, parks, playgrounds, civic centers, airports, commercial, industrial
and residential developments, water supplies, sewers and sewage disposal, drainage and other improvements and utilities (excepting,
however, privately owned public utilities engaged in furnishing light, heat, power, transportation or communication by telephone
or by telegraph or otherwise, as to which the provisions of this chapter shall not apply) in that portion of Kent County which
is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included
upon request made by the governing body of authority of any such city or town, and as well as for the purpose of preventing
the unnecessary duplication of such improvements or utilities, a department known as the Regional Planning Commission of Kent
County is created for the area to be known as the Regional Planning District of Kent County.
9 Del. C. 1953, § 4802; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 7.;
§ 4803. Regional Planning Commission.
The county government shall, by ordinance, establish a Regional Planning Commission and determine the membership, terms, qualifications
and compensation of said Commission.
9 Del. C. 1953, § 4803; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 8, 9; 58 Del. Laws, c. 340, §§ 3, 4; 60 Del. Laws, c. 503, § 22; 66 Del. Laws, c. 323, § 1.;
§ 4804. Office space and equipment.
The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission,
and the county government shall furnish and supply all necessary equipment for the office.
9 Del. C. 1953, § 4804; 56 Del. Laws, c. 103, § 15; 58 Del. Laws, c. 340, § 5; 66 Del. Laws, c. 323, § 2.;
§ 4805. Secretary of Commission and other personnel.
(a) The Commission shall appoint a secretary who shall serve for such time, and perform such duties and receive such compensation
as the Commission may prescribe. He shall give bond if required by the Commission in such amount as the Commission may require.
(b) The Commission may appoint, discharge at pleasure and fix the compensation of such employees and staff or may contract
for the services of such persons, firms, or corporations as from time to time, in its judgment may be necessary to the exercise
of its powers under this chapter; provided, however, that all actions of the Commission are subject to county government approval,
and the county government may require any employee to give bond with surety approved by it in a sum to be fixed by the Commission.
9 Del. C. 1953, § 4805; 56 Del. Laws, c. 103, § 15.;
§ 4806. Assistance to Commission by County and City of Dover.
The county government or council may, from time to time, upon request of the Commission and for the purpose of special surveys,
assign or detail to the Commission any members of the administrative staffs or agencies of the county or city, or may direct
any such staff or agency to make for the Commission special surveys or studies requested by the Commission.
9 Del. C. 1953, § 4806; 56 Del. Laws, c. 103, § 15.;
§ 4807. Master plan of District.
(a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to
be incorporated in the road system, together with the indication of their existing and proposed widths; existing and proposed
county parks, playgrounds, parkways, and other recreation places; existing and proposed county airways, aviation fields and
other county open places; existing and proposed sites for county buildings; and such other features as may come wholly or
partially within county jurisdiction; and in addition, similar elements of the plan existing and proposed within city or town
as have or are likely to bear an important relation to the above county features. Such master plan shall be a public record,
but its purpose and effect shall be solely as an aid to the Commission in the performance of its duties.
(b) The Commission may, from time to time, amend, extend or add to the master plan.
(c) The master plan may cover areas within the corporate limits of any city or town in Kent County, to the extent that such
areas shall be deemed, in the judgment of the Commission, to be related to the planning of the District. The master plan shall
have no legal effect in such areas except as in pursuance of a request for the inclusion of such area within the District
as provided in § 4802 of this title.
(d) The Commission shall encourage the cooperation of the cities and towns within Kent County in any matter concerning the
master plan and, if requested, shall advise the governing body or authority of any city or town in Kent County with respect
thereto.
9 Del. C. 1953, § 4807; 56 Del. Laws, c. 103, § 15.;
§ 4808. Road surveys.
The Commission may, in pursuance of the development and carrying out of its master plan, make from time to time surveys for
the exact location of the lines of future roads, road relocations, road extensions, road widenings or narrowings in the District
or any portion thereof, and make plats of the areas thus surveyed, showing the Commission's recommendations for the exact
locations of such future road lines.
9 Del. C. 1953, § 4808; 56 Del. Laws, c. 103, § 15.;
§ 4809. Official map of the District.
(a) There is established an official map of the District. The Commission shall be the maker and custodian of such map. The
map shall show the location and lines of the roads within the District existing and established by law as public roads at
the time of the preparation and setting up of the map by the Commission; and shall show the location of the lines of the roads
on plats which shall have been approved by the Commission at or previous to that time.
(b) Whenever the Commission shall have adopted an official map or any amendment, extension or addition thereto, it shall submit
the official map or such amendment, extension or addition thereto, to the county government for its approval and if the official
map or amendment, extension or addition thereto shall pertain to the road system of or any road in Kent County, the official
map or any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its approval
and upon approval of the official map or such amendment, extension or addition thereto, the Commission shall cause the official
map or such amendment, extension or addition thereto to be recorded in the Recorder's office within 15 days after such approval.
(c) The Commission may, from time to time, amend, extend, add to or remove from the official map all roads established or
vacated by law.
(d) If the State Department of Transportation changes or amends existing roads or adds new roads which vary from the master
plan as established pursuant to § 4807 of this title, the Commission shall have the right, after due notice in writing to
the Department, to appeal such change or addition, to the State Highway Commissioners in an official meeting of which the
public shall be given notice and which the public may attend. After receiving notice in writing of the appeal of the Regional
Planning Commission, the State Highway Commissioners and their employees will refrain from execution of plans changing or
adding roads in variance from the aforesaid master plan until the appeal has been heard and a written decision rendered by
the said State Highway Commissioners. That decision may be summarily appealed to the Superior Court which shall have the power
to enjoin further action by all parties until a determination is reached by that Court as to whether the promotion of the
health, safety, prosperity and general welfare of the citizens of this State and of Kent County are better served by compliance
with the aforesaid master plan or by granting the change or addition desired by the State Department of Transportation.
9 Del. C. 1953, § 4809; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22.;
§ 4810. Subdivision plans; land development plans; road plats; submission to Commission; recording; fees; regulations.
(a) Plans depicting the location, proposed grades, and drainage of all roads intended to be dedicated by the owner thereof
to the public use or for the use of owners of property abutting thereon or adjacent thereto, and plats of all subdivisions
and land developments, within the limits of the District, shall be submitted to the Commission for its approval. No person
shall record any plan showing any new or proposed road or any plat showing any new or proposed subdivision or land development,
in any public office in Kent County, unless such plan or plat shall show thereon by endorsement its approval by the Commission;
expressly provided, however, said endorsement of approval for minor subdivision shall be by administrative Commission staff
pursuant to minor subdivision regulations which the county government is hereby authorized and directed to adopt. The Commission's
approval of any road plan shall, when recorded, be deemed and taken as an acceptance of the intended dedication of the road
appearing thereon, but shall not impose any duty upon the county government or upon the Department of Transportation respecting
the maintenance or improvement thereof. Such road plan shall, when recorded, become a part of the official map. The county
government may adopt such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan
from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation
or by an appropriate public agency.
(b) No plat of land showing any new or proposed subdivision or land development within the District shall be received, filed,
or recorded by the Recorder of Deeds in and for Kent County until the plat shall have been submitted to and approved by the
Commission and such approvals endorsed in writing on the plat by the Director of Planning Services and the County Administrator.
The filing or recording of a subdivision or land development plat without the approval of the Commission and/or without the
endorsements of the Director of Planning Services and the County Administrator shall, upon application of the Commission or
the county government to the Superior Court in and for Kent County, be expunged from the records maintained by the Recorder
of Deeds.
(c) On the basis of the estimated cost of the services to be rendered by it in connection with the consideration of such plats
and the work incident thereto, the Commission may fix the scale of fees to be paid to it and may from time to time amend such
scale. In the case of each plat submitted to the Commission, the fee thus fixed shall be paid before the plat is approved
or disapproved, but such fees shall not exceed the actual cost to the Commission of the services and shall be paid by the
person requesting the Commission's approval.
(d) Every such plat shall be prepared upon cloth of such size and character, with such notations, information and markings,
and accompanied by such data and information as the Commission may, by regulation prescribe, and shall have such permanent
markers, boundary stones or stations as the Commission shall prescribe, which shall be shown and designated on the plat thereof.
The Commission shall prescribe the procedure for the submission of such plats and action in respect thereto, which shall include
certification by a registered engineer or land surveyor as to the proper location on the plat of the aforesaid boundary markers,
boundary stones or stations.
9 Del. C. 1953, § 4810; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 10, 11; 60 Del. Laws, c. 503, § 22; 69 Del. Laws, c. 410, § 2; 70 Del. Laws, c. 255, § 2; 77 Del. Laws, c. 175, §§ 1, 2.;
§ 4811. Approval or disapproval of plat by Commission; hearing.
The Commission shall approve, approve with conditions, disapprove or table a plat within 45 days after acceptance by the Commission
of the plat and all necessary supporting documentation; otherwise such plat shall be deemed to have been approved and a certificate
to that effect shall be issued by the Commission upon demand. Such period may be extended by mutual agreement between the
Commission and the applicant for the Commission's approval. The grounds of disapproval of any plat shall be stated upon the
records of the Commission and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by
the Commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered mail
to such applicant not less than 5 days before the date fixed therefor. However, in the application the applicant may waive
the requirement of such hearing and notice. Any approval or disapproval, after its recordation by the Commission, may be appealed
to the county government within 30 days. County government shall affirm or deny, in whole or in part, the decision of the
Regional Planning Commission, or remand the matter to the Regional Planning Commission for further proceedings. However, a
decision of the Regional Planning Commission may not be remanded to that Commission by the county government more than 1 time.
9 Del. C. 1953, § 4811; 56 Del. Laws, c. 103, § 15; 67 Del. Laws, c. 168, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 297, § 1.;
§ 4812. Recording unapproved plan; penalty for.
Any Recorder who receives for filing or recording any plan or map contrary to the provisions of this chapter shall be fined
not less than $100 nor more than $500.
9 Del. C. 1953, § 4812; 56 Del. Laws, c. 103, § 15.;
§ 4813. Cooperation with other agencies.
(a) Upon the request of the county government or the Council or the Department of Transportation or the Department of Health
and Social Services or any other state, county or municipal agency, board, department, commission or authority, the Commission
shall, upon such terms as may mutually be agreed upon, prepare plans and supply information relating to any of the matters
set forth in this chapter.
(b) In exercising the powers conferred by this chapter the Commission is empowered to act in conjunction and cooperation with
representatives, agencies, or officers of the United States government, this State, any other state, or any county, city or
town within or without this State.
9 Del. C. 1953, § 4813; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 149, § 4.;
§ 4814. Entry upon land; access to records.
(a) In the performance of the functions and duties of the Commission any member thereof or any employee or agent thereof shall
have the right to enter and go upon, at reasonable times (Sundays and holidays excluded) between the hours of 8:00 a.m. and
5:00 p.m. any lands in the District, either public or private, and to make surveys and to place and maintain necessary monuments
and markers thereon, but such entry shall be made with due care and regard for the protection and preservation of property.
(b) In the performance of the functions and duties of the Commission, any member, employee or agent of the Commission shall
have free access, without expense, to all state, county, municipal and other public records.
9 Del. C. 1953, § 4814; 56 Del. Laws, c. 103, § 15.;
§ 4815. Appropriation; authority to make.
The county government may annually appropriate a sum not exceeding $200,000 for the purpose of carrying out this chapter,
to be paid as other county expenses out of moneys collected for taxes for county purposes.
9 Del. C. 1953, § 4815; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 233, § 1.;
§ 4816. Issuance of building and occupancy permits.
(a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement,
utility or structure on any part of any land which is required to be submitted to the Commission as provided in § 4810 of
this title after the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other
improvements in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common
use of occupants of buildings abutting thereon, except pursuant to an approval received for the road, subdivision or land
development plan in accordance with the provisions contained in this chapter.
(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except upon
a determination of full compliance with the road, subdivision or land development plan approval.
(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set
aside for future right-of-way needs, as provided in § 145 of Title 17, no building permit shall be issued by the County for
the erection of any building or for the construction of any improvement, or structure on any part of any land which lies,
or is located, within the lines of any land designated and set aside for future highway right-of-way needs as appears on the
Department's Future Right-of-Way Map -- Final, except as hereinafter provided in subsection (d).
(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions
of subsection (c) unless the Department, after being given written notice thereof by the Commission shall:
(1) Within 60 days of receipt of such notice, file with the Commission a declaration that:
a. The issuance of the permit will be detrimental to future highway planning and construction; and
b. That the land described in the permit application is needed for future highway purposes; and
(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire
all of the land described in said building permit application as may be located within said future highway right-of-way.
9 Del. C. 1953, § 4816; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 12; 57 Del. Laws, c. 754, §§ 5, 6; 60 Del. Laws, c. 503, § 22.;
§ 4817. Powers and duties of municipal corporations not affected.
Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred
upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of municipal corporations.
9 Del. C. 1953, § 4817; 56 Del. Laws, c. 103, § 15.;
§ 4818. Appeals from county government decisions.
All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court
of Kent County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotary shall give notice
to the clerk of the peace of Kent County who shall transmit to the Prothonotary within 10 days the written decision of the
county government, which decision shall set forth the legal and factual basis for the refusal of the county government to
permit the recording of the plat in the manner requested.
9 Del. C. 1953, § 4818; 57 Del. Laws, c. 710.;
§ 4819. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that
increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that
increases residential density, the county government shall notify the local school district for the area at least 7 days prior
to any such approval process.
As used in this chapter, unless the same shall be inconsistent with the context:
(1) "Commission" means "Regional Planning Commission of Kent County" created by this chapter.
(2) "Council" means "the Council of the Mayor and Council of Dover."
(3) "County Engineer" means "County Engineer of Kent County."
(4) "County government" means the county governing body of Kent County.
(5) "District" means "Regional Planning District of Kent County" created by this chapter.
(6) "Highway Department" means "State Department of Transportation of the State of Delaware."
(7) "Land development" means "any tract or parcel of land upon which is proposed the construction or erection of 1 or more
commercial, industrial, multi-family, or mobile home park use."
(8) "Recorder's office" means "Recorder of Deeds in and for Kent County."
(9) "Road" includes any "road," "street," "highway," "freeway," "parkway" or other public thoroughfare.
(10) "Subdivision" means division of any part, parcel or area of land by the owner or the owner's agent, into lots or parcels
2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets,
lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots
fronting thereon. A subdivision includes:
a. Any division of a parcel of land having frontage on an existing improved street into 2 or more lots, 1 or more of which
have frontage on the existing street;
b. Any development of a parcel of land which involves installation of streets and driveways whether or not dedicated and whether
or not the parcel is divided for the purpose of immediate conveyance, transfer or sale;
c. Any resubdivision and, as appropriate, shall refer to the process of subdividing land or the land so subdivided.
(11) "Minor subdivision" means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land
is created, either said created parcel is not on a new road, or said created parcel(s) is on a private road approved pursuant
to regulations adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision
and shall not apply to the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision
is sought. Original tract shall be deemed to be all tracts separately in existence upon effective date of this definition.
9 Del. C. 1953, § 4801; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 5, 6; 60 Del. Laws, c. 503, § 22; 67 Del. Laws, c. 167, § 1; 69 Del. Laws, c. 410, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4802. Regional Planning Commission and Regional Planning District; statement of purposes.
For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated
plans for roads, airways, railways, public buildings, parks, playgrounds, civic centers, airports, commercial, industrial
and residential developments, water supplies, sewers and sewage disposal, drainage and other improvements and utilities (excepting,
however, privately owned public utilities engaged in furnishing light, heat, power, transportation or communication by telephone
or by telegraph or otherwise, as to which the provisions of this chapter shall not apply) in that portion of Kent County which
is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included
upon request made by the governing body of authority of any such city or town, and as well as for the purpose of preventing
the unnecessary duplication of such improvements or utilities, a department known as the Regional Planning Commission of Kent
County is created for the area to be known as the Regional Planning District of Kent County.
9 Del. C. 1953, § 4802; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 7.;
§ 4803. Regional Planning Commission.
The county government shall, by ordinance, establish a Regional Planning Commission and determine the membership, terms, qualifications
and compensation of said Commission.
9 Del. C. 1953, § 4803; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 8, 9; 58 Del. Laws, c. 340, §§ 3, 4; 60 Del. Laws, c. 503, § 22; 66 Del. Laws, c. 323, § 1.;
§ 4804. Office space and equipment.
The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission,
and the county government shall furnish and supply all necessary equipment for the office.
9 Del. C. 1953, § 4804; 56 Del. Laws, c. 103, § 15; 58 Del. Laws, c. 340, § 5; 66 Del. Laws, c. 323, § 2.;
§ 4805. Secretary of Commission and other personnel.
(a) The Commission shall appoint a secretary who shall serve for such time, and perform such duties and receive such compensation
as the Commission may prescribe. He shall give bond if required by the Commission in such amount as the Commission may require.
(b) The Commission may appoint, discharge at pleasure and fix the compensation of such employees and staff or may contract
for the services of such persons, firms, or corporations as from time to time, in its judgment may be necessary to the exercise
of its powers under this chapter; provided, however, that all actions of the Commission are subject to county government approval,
and the county government may require any employee to give bond with surety approved by it in a sum to be fixed by the Commission.
9 Del. C. 1953, § 4805; 56 Del. Laws, c. 103, § 15.;
§ 4806. Assistance to Commission by County and City of Dover.
The county government or council may, from time to time, upon request of the Commission and for the purpose of special surveys,
assign or detail to the Commission any members of the administrative staffs or agencies of the county or city, or may direct
any such staff or agency to make for the Commission special surveys or studies requested by the Commission.
9 Del. C. 1953, § 4806; 56 Del. Laws, c. 103, § 15.;
§ 4807. Master plan of District.
(a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to
be incorporated in the road system, together with the indication of their existing and proposed widths; existing and proposed
county parks, playgrounds, parkways, and other recreation places; existing and proposed county airways, aviation fields and
other county open places; existing and proposed sites for county buildings; and such other features as may come wholly or
partially within county jurisdiction; and in addition, similar elements of the plan existing and proposed within city or town
as have or are likely to bear an important relation to the above county features. Such master plan shall be a public record,
but its purpose and effect shall be solely as an aid to the Commission in the performance of its duties.
(b) The Commission may, from time to time, amend, extend or add to the master plan.
(c) The master plan may cover areas within the corporate limits of any city or town in Kent County, to the extent that such
areas shall be deemed, in the judgment of the Commission, to be related to the planning of the District. The master plan shall
have no legal effect in such areas except as in pursuance of a request for the inclusion of such area within the District
as provided in § 4802 of this title.
(d) The Commission shall encourage the cooperation of the cities and towns within Kent County in any matter concerning the
master plan and, if requested, shall advise the governing body or authority of any city or town in Kent County with respect
thereto.
9 Del. C. 1953, § 4807; 56 Del. Laws, c. 103, § 15.;
§ 4808. Road surveys.
The Commission may, in pursuance of the development and carrying out of its master plan, make from time to time surveys for
the exact location of the lines of future roads, road relocations, road extensions, road widenings or narrowings in the District
or any portion thereof, and make plats of the areas thus surveyed, showing the Commission's recommendations for the exact
locations of such future road lines.
9 Del. C. 1953, § 4808; 56 Del. Laws, c. 103, § 15.;
§ 4809. Official map of the District.
(a) There is established an official map of the District. The Commission shall be the maker and custodian of such map. The
map shall show the location and lines of the roads within the District existing and established by law as public roads at
the time of the preparation and setting up of the map by the Commission; and shall show the location of the lines of the roads
on plats which shall have been approved by the Commission at or previous to that time.
(b) Whenever the Commission shall have adopted an official map or any amendment, extension or addition thereto, it shall submit
the official map or such amendment, extension or addition thereto, to the county government for its approval and if the official
map or amendment, extension or addition thereto shall pertain to the road system of or any road in Kent County, the official
map or any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its approval
and upon approval of the official map or such amendment, extension or addition thereto, the Commission shall cause the official
map or such amendment, extension or addition thereto to be recorded in the Recorder's office within 15 days after such approval.
(c) The Commission may, from time to time, amend, extend, add to or remove from the official map all roads established or
vacated by law.
(d) If the State Department of Transportation changes or amends existing roads or adds new roads which vary from the master
plan as established pursuant to § 4807 of this title, the Commission shall have the right, after due notice in writing to
the Department, to appeal such change or addition, to the State Highway Commissioners in an official meeting of which the
public shall be given notice and which the public may attend. After receiving notice in writing of the appeal of the Regional
Planning Commission, the State Highway Commissioners and their employees will refrain from execution of plans changing or
adding roads in variance from the aforesaid master plan until the appeal has been heard and a written decision rendered by
the said State Highway Commissioners. That decision may be summarily appealed to the Superior Court which shall have the power
to enjoin further action by all parties until a determination is reached by that Court as to whether the promotion of the
health, safety, prosperity and general welfare of the citizens of this State and of Kent County are better served by compliance
with the aforesaid master plan or by granting the change or addition desired by the State Department of Transportation.
9 Del. C. 1953, § 4809; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22.;
§ 4810. Subdivision plans; land development plans; road plats; submission to Commission; recording; fees; regulations.
(a) Plans depicting the location, proposed grades, and drainage of all roads intended to be dedicated by the owner thereof
to the public use or for the use of owners of property abutting thereon or adjacent thereto, and plats of all subdivisions
and land developments, within the limits of the District, shall be submitted to the Commission for its approval. No person
shall record any plan showing any new or proposed road or any plat showing any new or proposed subdivision or land development,
in any public office in Kent County, unless such plan or plat shall show thereon by endorsement its approval by the Commission;
expressly provided, however, said endorsement of approval for minor subdivision shall be by administrative Commission staff
pursuant to minor subdivision regulations which the county government is hereby authorized and directed to adopt. The Commission's
approval of any road plan shall, when recorded, be deemed and taken as an acceptance of the intended dedication of the road
appearing thereon, but shall not impose any duty upon the county government or upon the Department of Transportation respecting
the maintenance or improvement thereof. Such road plan shall, when recorded, become a part of the official map. The county
government may adopt such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan
from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation
or by an appropriate public agency.
(b) No plat of land showing any new or proposed subdivision or land development within the District shall be received, filed,
or recorded by the Recorder of Deeds in and for Kent County until the plat shall have been submitted to and approved by the
Commission and such approvals endorsed in writing on the plat by the Director of Planning Services and the County Administrator.
The filing or recording of a subdivision or land development plat without the approval of the Commission and/or without the
endorsements of the Director of Planning Services and the County Administrator shall, upon application of the Commission or
the county government to the Superior Court in and for Kent County, be expunged from the records maintained by the Recorder
of Deeds.
(c) On the basis of the estimated cost of the services to be rendered by it in connection with the consideration of such plats
and the work incident thereto, the Commission may fix the scale of fees to be paid to it and may from time to time amend such
scale. In the case of each plat submitted to the Commission, the fee thus fixed shall be paid before the plat is approved
or disapproved, but such fees shall not exceed the actual cost to the Commission of the services and shall be paid by the
person requesting the Commission's approval.
(d) Every such plat shall be prepared upon cloth of such size and character, with such notations, information and markings,
and accompanied by such data and information as the Commission may, by regulation prescribe, and shall have such permanent
markers, boundary stones or stations as the Commission shall prescribe, which shall be shown and designated on the plat thereof.
The Commission shall prescribe the procedure for the submission of such plats and action in respect thereto, which shall include
certification by a registered engineer or land surveyor as to the proper location on the plat of the aforesaid boundary markers,
boundary stones or stations.
9 Del. C. 1953, § 4810; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 10, 11; 60 Del. Laws, c. 503, § 22; 69 Del. Laws, c. 410, § 2; 70 Del. Laws, c. 255, § 2; 77 Del. Laws, c. 175, §§ 1, 2.;
§ 4811. Approval or disapproval of plat by Commission; hearing.
The Commission shall approve, approve with conditions, disapprove or table a plat within 45 days after acceptance by the Commission
of the plat and all necessary supporting documentation; otherwise such plat shall be deemed to have been approved and a certificate
to that effect shall be issued by the Commission upon demand. Such period may be extended by mutual agreement between the
Commission and the applicant for the Commission's approval. The grounds of disapproval of any plat shall be stated upon the
records of the Commission and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by
the Commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered mail
to such applicant not less than 5 days before the date fixed therefor. However, in the application the applicant may waive
the requirement of such hearing and notice. Any approval or disapproval, after its recordation by the Commission, may be appealed
to the county government within 30 days. County government shall affirm or deny, in whole or in part, the decision of the
Regional Planning Commission, or remand the matter to the Regional Planning Commission for further proceedings. However, a
decision of the Regional Planning Commission may not be remanded to that Commission by the county government more than 1 time.
9 Del. C. 1953, § 4811; 56 Del. Laws, c. 103, § 15; 67 Del. Laws, c. 168, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 297, § 1.;
§ 4812. Recording unapproved plan; penalty for.
Any Recorder who receives for filing or recording any plan or map contrary to the provisions of this chapter shall be fined
not less than $100 nor more than $500.
9 Del. C. 1953, § 4812; 56 Del. Laws, c. 103, § 15.;
§ 4813. Cooperation with other agencies.
(a) Upon the request of the county government or the Council or the Department of Transportation or the Department of Health
and Social Services or any other state, county or municipal agency, board, department, commission or authority, the Commission
shall, upon such terms as may mutually be agreed upon, prepare plans and supply information relating to any of the matters
set forth in this chapter.
(b) In exercising the powers conferred by this chapter the Commission is empowered to act in conjunction and cooperation with
representatives, agencies, or officers of the United States government, this State, any other state, or any county, city or
town within or without this State.
9 Del. C. 1953, § 4813; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 149, § 4.;
§ 4814. Entry upon land; access to records.
(a) In the performance of the functions and duties of the Commission any member thereof or any employee or agent thereof shall
have the right to enter and go upon, at reasonable times (Sundays and holidays excluded) between the hours of 8:00 a.m. and
5:00 p.m. any lands in the District, either public or private, and to make surveys and to place and maintain necessary monuments
and markers thereon, but such entry shall be made with due care and regard for the protection and preservation of property.
(b) In the performance of the functions and duties of the Commission, any member, employee or agent of the Commission shall
have free access, without expense, to all state, county, municipal and other public records.
9 Del. C. 1953, § 4814; 56 Del. Laws, c. 103, § 15.;
§ 4815. Appropriation; authority to make.
The county government may annually appropriate a sum not exceeding $200,000 for the purpose of carrying out this chapter,
to be paid as other county expenses out of moneys collected for taxes for county purposes.
9 Del. C. 1953, § 4815; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 233, § 1.;
§ 4816. Issuance of building and occupancy permits.
(a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement,
utility or structure on any part of any land which is required to be submitted to the Commission as provided in § 4810 of
this title after the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other
improvements in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common
use of occupants of buildings abutting thereon, except pursuant to an approval received for the road, subdivision or land
development plan in accordance with the provisions contained in this chapter.
(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except upon
a determination of full compliance with the road, subdivision or land development plan approval.
(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set
aside for future right-of-way needs, as provided in § 145 of Title 17, no building permit shall be issued by the County for
the erection of any building or for the construction of any improvement, or structure on any part of any land which lies,
or is located, within the lines of any land designated and set aside for future highway right-of-way needs as appears on the
Department's Future Right-of-Way Map -- Final, except as hereinafter provided in subsection (d).
(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions
of subsection (c) unless the Department, after being given written notice thereof by the Commission shall:
(1) Within 60 days of receipt of such notice, file with the Commission a declaration that:
a. The issuance of the permit will be detrimental to future highway planning and construction; and
b. That the land described in the permit application is needed for future highway purposes; and
(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire
all of the land described in said building permit application as may be located within said future highway right-of-way.
9 Del. C. 1953, § 4816; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 12; 57 Del. Laws, c. 754, §§ 5, 6; 60 Del. Laws, c. 503, § 22.;
§ 4817. Powers and duties of municipal corporations not affected.
Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred
upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of municipal corporations.
9 Del. C. 1953, § 4817; 56 Del. Laws, c. 103, § 15.;
§ 4818. Appeals from county government decisions.
All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court
of Kent County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotary shall give notice
to the clerk of the peace of Kent County who shall transmit to the Prothonotary within 10 days the written decision of the
county government, which decision shall set forth the legal and factual basis for the refusal of the county government to
permit the recording of the plat in the manner requested.
9 Del. C. 1953, § 4818; 57 Del. Laws, c. 710.;
§ 4819. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that
increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that
increases residential density, the county government shall notify the local school district for the area at least 7 days prior
to any such approval process.
As used in this chapter, unless the same shall be inconsistent with the context:
(1) "Commission" means "Regional Planning Commission of Kent County" created by this chapter.
(2) "Council" means "the Council of the Mayor and Council of Dover."
(3) "County Engineer" means "County Engineer of Kent County."
(4) "County government" means the county governing body of Kent County.
(5) "District" means "Regional Planning District of Kent County" created by this chapter.
(6) "Highway Department" means "State Department of Transportation of the State of Delaware."
(7) "Land development" means "any tract or parcel of land upon which is proposed the construction or erection of 1 or more
commercial, industrial, multi-family, or mobile home park use."
(8) "Recorder's office" means "Recorder of Deeds in and for Kent County."
(9) "Road" includes any "road," "street," "highway," "freeway," "parkway" or other public thoroughfare.
(10) "Subdivision" means division of any part, parcel or area of land by the owner or the owner's agent, into lots or parcels
2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets,
lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots
fronting thereon. A subdivision includes:
a. Any division of a parcel of land having frontage on an existing improved street into 2 or more lots, 1 or more of which
have frontage on the existing street;
b. Any development of a parcel of land which involves installation of streets and driveways whether or not dedicated and whether
or not the parcel is divided for the purpose of immediate conveyance, transfer or sale;
c. Any resubdivision and, as appropriate, shall refer to the process of subdividing land or the land so subdivided.
(11) "Minor subdivision" means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land
is created, either said created parcel is not on a new road, or said created parcel(s) is on a private road approved pursuant
to regulations adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision
and shall not apply to the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision
is sought. Original tract shall be deemed to be all tracts separately in existence upon effective date of this definition.
9 Del. C. 1953, § 4801; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 5, 6; 60 Del. Laws, c. 503, § 22; 67 Del. Laws, c. 167, § 1; 69 Del. Laws, c. 410, § 1; 70 Del. Laws, c. 186, § 1.;
§ 4802. Regional Planning Commission and Regional Planning District; statement of purposes.
For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated
plans for roads, airways, railways, public buildings, parks, playgrounds, civic centers, airports, commercial, industrial
and residential developments, water supplies, sewers and sewage disposal, drainage and other improvements and utilities (excepting,
however, privately owned public utilities engaged in furnishing light, heat, power, transportation or communication by telephone
or by telegraph or otherwise, as to which the provisions of this chapter shall not apply) in that portion of Kent County which
is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included
upon request made by the governing body of authority of any such city or town, and as well as for the purpose of preventing
the unnecessary duplication of such improvements or utilities, a department known as the Regional Planning Commission of Kent
County is created for the area to be known as the Regional Planning District of Kent County.
9 Del. C. 1953, § 4802; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 7.;
§ 4803. Regional Planning Commission.
The county government shall, by ordinance, establish a Regional Planning Commission and determine the membership, terms, qualifications
and compensation of said Commission.
9 Del. C. 1953, § 4803; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 8, 9; 58 Del. Laws, c. 340, §§ 3, 4; 60 Del. Laws, c. 503, § 22; 66 Del. Laws, c. 323, § 1.;
§ 4804. Office space and equipment.
The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission,
and the county government shall furnish and supply all necessary equipment for the office.
9 Del. C. 1953, § 4804; 56 Del. Laws, c. 103, § 15; 58 Del. Laws, c. 340, § 5; 66 Del. Laws, c. 323, § 2.;
§ 4805. Secretary of Commission and other personnel.
(a) The Commission shall appoint a secretary who shall serve for such time, and perform such duties and receive such compensation
as the Commission may prescribe. He shall give bond if required by the Commission in such amount as the Commission may require.
(b) The Commission may appoint, discharge at pleasure and fix the compensation of such employees and staff or may contract
for the services of such persons, firms, or corporations as from time to time, in its judgment may be necessary to the exercise
of its powers under this chapter; provided, however, that all actions of the Commission are subject to county government approval,
and the county government may require any employee to give bond with surety approved by it in a sum to be fixed by the Commission.
9 Del. C. 1953, § 4805; 56 Del. Laws, c. 103, § 15.;
§ 4806. Assistance to Commission by County and City of Dover.
The county government or council may, from time to time, upon request of the Commission and for the purpose of special surveys,
assign or detail to the Commission any members of the administrative staffs or agencies of the county or city, or may direct
any such staff or agency to make for the Commission special surveys or studies requested by the Commission.
9 Del. C. 1953, § 4806; 56 Del. Laws, c. 103, § 15.;
§ 4807. Master plan of District.
(a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to
be incorporated in the road system, together with the indication of their existing and proposed widths; existing and proposed
county parks, playgrounds, parkways, and other recreation places; existing and proposed county airways, aviation fields and
other county open places; existing and proposed sites for county buildings; and such other features as may come wholly or
partially within county jurisdiction; and in addition, similar elements of the plan existing and proposed within city or town
as have or are likely to bear an important relation to the above county features. Such master plan shall be a public record,
but its purpose and effect shall be solely as an aid to the Commission in the performance of its duties.
(b) The Commission may, from time to time, amend, extend or add to the master plan.
(c) The master plan may cover areas within the corporate limits of any city or town in Kent County, to the extent that such
areas shall be deemed, in the judgment of the Commission, to be related to the planning of the District. The master plan shall
have no legal effect in such areas except as in pursuance of a request for the inclusion of such area within the District
as provided in § 4802 of this title.
(d) The Commission shall encourage the cooperation of the cities and towns within Kent County in any matter concerning the
master plan and, if requested, shall advise the governing body or authority of any city or town in Kent County with respect
thereto.
9 Del. C. 1953, § 4807; 56 Del. Laws, c. 103, § 15.;
§ 4808. Road surveys.
The Commission may, in pursuance of the development and carrying out of its master plan, make from time to time surveys for
the exact location of the lines of future roads, road relocations, road extensions, road widenings or narrowings in the District
or any portion thereof, and make plats of the areas thus surveyed, showing the Commission's recommendations for the exact
locations of such future road lines.
9 Del. C. 1953, § 4808; 56 Del. Laws, c. 103, § 15.;
§ 4809. Official map of the District.
(a) There is established an official map of the District. The Commission shall be the maker and custodian of such map. The
map shall show the location and lines of the roads within the District existing and established by law as public roads at
the time of the preparation and setting up of the map by the Commission; and shall show the location of the lines of the roads
on plats which shall have been approved by the Commission at or previous to that time.
(b) Whenever the Commission shall have adopted an official map or any amendment, extension or addition thereto, it shall submit
the official map or such amendment, extension or addition thereto, to the county government for its approval and if the official
map or amendment, extension or addition thereto shall pertain to the road system of or any road in Kent County, the official
map or any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its approval
and upon approval of the official map or such amendment, extension or addition thereto, the Commission shall cause the official
map or such amendment, extension or addition thereto to be recorded in the Recorder's office within 15 days after such approval.
(c) The Commission may, from time to time, amend, extend, add to or remove from the official map all roads established or
vacated by law.
(d) If the State Department of Transportation changes or amends existing roads or adds new roads which vary from the master
plan as established pursuant to § 4807 of this title, the Commission shall have the right, after due notice in writing to
the Department, to appeal such change or addition, to the State Highway Commissioners in an official meeting of which the
public shall be given notice and which the public may attend. After receiving notice in writing of the appeal of the Regional
Planning Commission, the State Highway Commissioners and their employees will refrain from execution of plans changing or
adding roads in variance from the aforesaid master plan until the appeal has been heard and a written decision rendered by
the said State Highway Commissioners. That decision may be summarily appealed to the Superior Court which shall have the power
to enjoin further action by all parties until a determination is reached by that Court as to whether the promotion of the
health, safety, prosperity and general welfare of the citizens of this State and of Kent County are better served by compliance
with the aforesaid master plan or by granting the change or addition desired by the State Department of Transportation.
9 Del. C. 1953, § 4809; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22.;
§ 4810. Subdivision plans; land development plans; road plats; submission to Commission; recording; fees; regulations.
(a) Plans depicting the location, proposed grades, and drainage of all roads intended to be dedicated by the owner thereof
to the public use or for the use of owners of property abutting thereon or adjacent thereto, and plats of all subdivisions
and land developments, within the limits of the District, shall be submitted to the Commission for its approval. No person
shall record any plan showing any new or proposed road or any plat showing any new or proposed subdivision or land development,
in any public office in Kent County, unless such plan or plat shall show thereon by endorsement its approval by the Commission;
expressly provided, however, said endorsement of approval for minor subdivision shall be by administrative Commission staff
pursuant to minor subdivision regulations which the county government is hereby authorized and directed to adopt. The Commission's
approval of any road plan shall, when recorded, be deemed and taken as an acceptance of the intended dedication of the road
appearing thereon, but shall not impose any duty upon the county government or upon the Department of Transportation respecting
the maintenance or improvement thereof. Such road plan shall, when recorded, become a part of the official map. The county
government may adopt such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan
from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation
or by an appropriate public agency.
(b) No plat of land showing any new or proposed subdivision or land development within the District shall be received, filed,
or recorded by the Recorder of Deeds in and for Kent County until the plat shall have been submitted to and approved by the
Commission and such approvals endorsed in writing on the plat by the Director of Planning Services and the County Administrator.
The filing or recording of a subdivision or land development plat without the approval of the Commission and/or without the
endorsements of the Director of Planning Services and the County Administrator shall, upon application of the Commission or
the county government to the Superior Court in and for Kent County, be expunged from the records maintained by the Recorder
of Deeds.
(c) On the basis of the estimated cost of the services to be rendered by it in connection with the consideration of such plats
and the work incident thereto, the Commission may fix the scale of fees to be paid to it and may from time to time amend such
scale. In the case of each plat submitted to the Commission, the fee thus fixed shall be paid before the plat is approved
or disapproved, but such fees shall not exceed the actual cost to the Commission of the services and shall be paid by the
person requesting the Commission's approval.
(d) Every such plat shall be prepared upon cloth of such size and character, with such notations, information and markings,
and accompanied by such data and information as the Commission may, by regulation prescribe, and shall have such permanent
markers, boundary stones or stations as the Commission shall prescribe, which shall be shown and designated on the plat thereof.
The Commission shall prescribe the procedure for the submission of such plats and action in respect thereto, which shall include
certification by a registered engineer or land surveyor as to the proper location on the plat of the aforesaid boundary markers,
boundary stones or stations.
9 Del. C. 1953, § 4810; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 10, 11; 60 Del. Laws, c. 503, § 22; 69 Del. Laws, c. 410, § 2; 70 Del. Laws, c. 255, § 2; 77 Del. Laws, c. 175, §§ 1, 2.;
§ 4811. Approval or disapproval of plat by Commission; hearing.
The Commission shall approve, approve with conditions, disapprove or table a plat within 45 days after acceptance by the Commission
of the plat and all necessary supporting documentation; otherwise such plat shall be deemed to have been approved and a certificate
to that effect shall be issued by the Commission upon demand. Such period may be extended by mutual agreement between the
Commission and the applicant for the Commission's approval. The grounds of disapproval of any plat shall be stated upon the
records of the Commission and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by
the Commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered mail
to such applicant not less than 5 days before the date fixed therefor. However, in the application the applicant may waive
the requirement of such hearing and notice. Any approval or disapproval, after its recordation by the Commission, may be appealed
to the county government within 30 days. County government shall affirm or deny, in whole or in part, the decision of the
Regional Planning Commission, or remand the matter to the Regional Planning Commission for further proceedings. However, a
decision of the Regional Planning Commission may not be remanded to that Commission by the county government more than 1 time.
9 Del. C. 1953, § 4811; 56 Del. Laws, c. 103, § 15; 67 Del. Laws, c. 168, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 297, § 1.;
§ 4812. Recording unapproved plan; penalty for.
Any Recorder who receives for filing or recording any plan or map contrary to the provisions of this chapter shall be fined
not less than $100 nor more than $500.
9 Del. C. 1953, § 4812; 56 Del. Laws, c. 103, § 15.;
§ 4813. Cooperation with other agencies.
(a) Upon the request of the county government or the Council or the Department of Transportation or the Department of Health
and Social Services or any other state, county or municipal agency, board, department, commission or authority, the Commission
shall, upon such terms as may mutually be agreed upon, prepare plans and supply information relating to any of the matters
set forth in this chapter.
(b) In exercising the powers conferred by this chapter the Commission is empowered to act in conjunction and cooperation with
representatives, agencies, or officers of the United States government, this State, any other state, or any county, city or
town within or without this State.
9 Del. C. 1953, § 4813; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 149, § 4.;
§ 4814. Entry upon land; access to records.
(a) In the performance of the functions and duties of the Commission any member thereof or any employee or agent thereof shall
have the right to enter and go upon, at reasonable times (Sundays and holidays excluded) between the hours of 8:00 a.m. and
5:00 p.m. any lands in the District, either public or private, and to make surveys and to place and maintain necessary monuments
and markers thereon, but such entry shall be made with due care and regard for the protection and preservation of property.
(b) In the performance of the functions and duties of the Commission, any member, employee or agent of the Commission shall
have free access, without expense, to all state, county, municipal and other public records.
9 Del. C. 1953, § 4814; 56 Del. Laws, c. 103, § 15.;
§ 4815. Appropriation; authority to make.
The county government may annually appropriate a sum not exceeding $200,000 for the purpose of carrying out this chapter,
to be paid as other county expenses out of moneys collected for taxes for county purposes.
9 Del. C. 1953, § 4815; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 233, § 1.;
§ 4816. Issuance of building and occupancy permits.
(a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement,
utility or structure on any part of any land which is required to be submitted to the Commission as provided in § 4810 of
this title after the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other
improvements in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common
use of occupants of buildings abutting thereon, except pursuant to an approval received for the road, subdivision or land
development plan in accordance with the provisions contained in this chapter.
(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except upon
a determination of full compliance with the road, subdivision or land development plan approval.
(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set
aside for future right-of-way needs, as provided in § 145 of Title 17, no building permit shall be issued by the County for
the erection of any building or for the construction of any improvement, or structure on any part of any land which lies,
or is located, within the lines of any land designated and set aside for future highway right-of-way needs as appears on the
Department's Future Right-of-Way Map -- Final, except as hereinafter provided in subsection (d).
(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions
of subsection (c) unless the Department, after being given written notice thereof by the Commission shall:
(1) Within 60 days of receipt of such notice, file with the Commission a declaration that:
a. The issuance of the permit will be detrimental to future highway planning and construction; and
b. That the land described in the permit application is needed for future highway purposes; and
(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire
all of the land described in said building permit application as may be located within said future highway right-of-way.
9 Del. C. 1953, § 4816; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 12; 57 Del. Laws, c. 754, §§ 5, 6; 60 Del. Laws, c. 503, § 22.;
§ 4817. Powers and duties of municipal corporations not affected.
Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred
upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of municipal corporations.
9 Del. C. 1953, § 4817; 56 Del. Laws, c. 103, § 15.;
§ 4818. Appeals from county government decisions.
All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court
of Kent County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotary shall give notice
to the clerk of the peace of Kent County who shall transmit to the Prothonotary within 10 days the written decision of the
county government, which decision shall set forth the legal and factual basis for the refusal of the county government to
permit the recording of the plat in the manner requested.
9 Del. C. 1953, § 4818; 57 Del. Laws, c. 710.;
§ 4819. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that
increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that
increases residential density, the county government shall notify the local school district for the area at least 7 days prior
to any such approval process.