Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 1305
Adoption and effectuation of comprehensive plan
# (a)
After preparation of the comprehensive development plan by the Department and approval by the Planning Board, the plan shall be reviewed by the County Executive and presented to the County Council. The County Council shall hold public hearings on the proposed plan or portions thereof in the same manner and under the same procedure required for the consideration and adoption of ordinances. The County Council may adopt all or any portions of the comprehensive development plan.
# (b)
After adoption of all or portions of the comprehensive development plan by the County Council, the plan shall be viewed as a document expressing the general policies and intentions of the County Council with respect to the future development of the County. It shall not have the force and effect of a law or ordinance. After adoption of all or parts of the plan by the County Council, any proposed action of the County Council relating to:
# (1)
The location, opening, vacation, extension, widening, narrowing or enlargement of any public ground, pierhead or watercourse or street;
# (2)
The location, erection, demolition, removal or sale of any public structure; or
# (3)
The adoption, repeal or amendment of an official map, subdivision and land development ordinance, or zoning ordinance
shall be taken in compliance with the following requirements: (i) The proposed actions shall be submitted to the department for recommendations, provided that the County Council may act without benefit of the Department’s recommendations if they are not submitted within 45 days, and (ii) the County Council shall find that the proposed actions are in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan before final action shall be taken by the County Council. When the County Council finds that a proposed action is not in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan it shall amend the plan to make the action taken and the comprehensive development plan consistent with each other.
Amendment history
55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59
Source: view the official text
In this title (40 sections)
- 9-1158 · Budget of revenues
- 9-1159 · Capital program and capital budget
- 9-1160 · Unrestricted use of present revenues [Repealed]
- 9-1161 · Authentication, recording, codification, and reproduction of…
- 9-1162 · Adoption of pay plans
- 9-1163 · Creation of debt
- 9-1164 · Councilmanic districts
- 9-1165 · Redistricting after each census
- 9-1166 · Election of County Executive and officials of the county…
- 9-1167 · Creation of departments and agencies
- 9-1168 · Vesting of slum clearance and housing authorities’ powers in…
- 9-1169 · Initial council meeting
- 9-1181 · Bonding of officers and employees
- 9-1182 · Personal financial interest
- 9-1183 · Prohibitions and penalties
- 9-1184 · Public right of inspection of public records
- 9-1301 · Functions
- 9-1302 · Definitions
- 9-1303 · Planning Board
- 9-1304 · Functions of Planning Board
- 9-1305 · Adoption and effectuation of comprehensive plan
- 9-1306 · Legal effect of subdivision regulations
- 9-1307 · Planned street lines and public parks; official map
- 9-1308 · Legal effect of official map or street plan
- 9-1309 · Presumption of approval
- 9-1310 · Legal effects of previously established road locations and…
- 9-1311 · Board of Adjustment
- 9-1312 · Regulations governing organization, procedure and jurisdiction…
- 9-1313 · Jurisdiction of Board of Adjustment
- 9-1314 · Judicial review of Board of Adjustment decisions; procedure
- 9-1315 · Board of License Inspection and Review
- 9-1316 · Board of Building Standards
- 9-1317 · Board of Assessment Review
- 9-1318 · Functions of Board of Assessment Review
- 9-1319 · Appointment and duties of additional Board members and referees
- 9-1320 · Judicial review
- 9-1321 · General provisions relating to assessment
- 9-1322 · Assessment of property
- 9-1323 · Obligations and rights of property owners
- 9-1331 · County police; powers and duties