Del. Code 9, § 1305 : Counties — County Departments — Department Of Land Use — Adoption and effectuation of comprehensive plan

Current through 2016 Legislative Session, Act 399

(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.

Del. C. § 1305

9 Del. C. 1953, § 1344; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.;