Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 4959
Legal status of comprehensive plan
# (a)
After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court 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.
# (d)
All development permits and development orders heretofore or hereafter validly issued or approved by county government and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or approval.
# (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.
Amendment history
66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 35
Source: view the official text
In this title (40 sections)
- 9-4917 · Appeals to the Board of Adjustment — Powers
- 9-4918 · Court review of decision of Board of Adjustment; proceedings
- 9-4919 · Enforcement; remedies
- 9-4920 · Nonconforming uses of land or buildings
- 9-4921 · Appropriations
- 9-4922 · Conflict between zoning regulations and other laws
- 9-4923 · Residential facilities for persons with disabilities
- 9-4924 · Notice to local school districts of residential zoning changes
- 9-4925 · Changes in zoning
- 9-4926 · Notice to property owners of zoning changes
- 9-4927 · Emergency Communication Systems
- 9-4951 · Short title; intent and purpose
- 9-4952 · Definitions
- 9-4953 · Scope of subchapter
- 9-4954 · Areas under this subchapter
- 9-4955 · Local planning agency
- 9-4956 · Required and optional elements of comprehensive plan; studies…
- 9-4956 · Required and optional elements of comprehensive plan; studies…
- 9-4957 · State responsibilities to local planning agencies
- 9-4958 · Evaluation and appraisal of comprehensive plan
- 9-4959 · Legal status of comprehensive plan
- 9-4960 · County comprehensive plan
- 9-4961 · Information from state and local agencies and school districts
- 9-4962 · Highway capacity
- 9-4999 · Court review of land use actions; limitations on liability of…
- 9-5001 · Appointment of County Engineer; draftsmen; rodmen and…
- 9-5101 · Lighting streets and highways in unincorporated communities…
- 9-5102 · Levy and collection of light tax
- 9-5103 · Light tax; administration of fund; surplus
- 9-5104 · Removal of lights
- 9-5201 · Definitions
- 9-5202 · Establishing a stormwater maintenance district
- 9-5203 · Public hearing
- 9-5204 · Creation of stormwater maintenance district
- 9-5205 · Agreements for stormwater maintenance authorized
- 9-5206 · Award of contracts
- 9-5207 · Levy and collection of stormwater maintenance fee
- 9-5208 · Administration of funds
- 9-5209 · Continuation and termination of contracts; consolidation of…
- 9-5210 · Annual budgeting