Delaware Code (Titles 8, 9, 25, 30)

9 Del. C. § 2659

Legal status of comprehensive plan

# (a)

After a comprehensive plan or element or portion thereof has been adopted by County Council in conformity with this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with land development regulations enacted to implement the other elements of the adopted comprehensive plan.

# (b)

Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development, development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when full compliance with this subchapter is required.

# (c)

Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing at the time of such application. All subdivision or land development applications heretofore or hereafter filed or submitted to New Castle County that do not receive final approval from New Castle County government within 5 years from the date of application shall be subject to the environmental standards contained in Chapter 40, Articles 5 and 10, of the New Castle County Code, as may be amended, and the traffic impact standards contained in Chapter 40, Articles 5 and 11, of the New Castle County Code, as may be amended. This section shall not be construed to extend any time limitations pertaining to the expiration of subdivision or land development applications contained in the New Castle County Code.

# (d)

All development permits and development orders heretofore or hereafter validly issued or approved by County Council and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans.

# (e)

In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance was determined.

# (f)

The County Council may by ordinance provide for the sunsetting of any subdivision or land development plan approvals heretofore or hereafter approved by County Council. However, no such plans shall be subject to sunsetting within the first 5 years of approval of such plans by County Council or the first 5 years after adoption of the County sunsetting ordinance, whichever is later.

Amendment history

66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 15; 71 Del. Laws, c. 400, §§ 3, 4; 71 Del. Laws, c. 401, §§ 15, 87; 73 Del. Laws, c. 33, § 1

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In this title (40 sections)

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