reglab/housing_qa huggingface dataset:
9 DE Code § 6953. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6953. Scope of subchapter.

§ 6953. Scope of subchapter. (a) The County shall have power and responsibility:  (1) To plan for its future development and growth. (2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide its future development and growth. (3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a County exercises its authority to provide for the transfer of development rights it shall:  a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan; b. Provide for the transfer of development rights as an option to the use and development of the subject property according to the otherwise applicable zoning ordinance; c. Limit designation of receiving areas to locations where the County has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth; d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and Statewide Planning Goals and Objectives established pursuant to Chapter 91 of Title 29; and e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities. (4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this subchapter. (b) Each county government shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter. 66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  44;  72 Del. Laws, c. 122, §  4;
9 DE Code § 6954. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6954. Areas under this subchapter.

§ 6954. Areas under this subchapter. A county shall exercise authority under this subchapter for the total unincorporated area under its jurisdiction. 66 Del. Laws, c. 207, §  1;
9 DE Code § 6955. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6955. Local planning agency.

§ 6955. Local planning agency. (a) The governing body of each county government shall designate and by ordinance establish a “local planning agency.” The governing body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare the comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such plan or element or portion thereof. The agency may be a local planning commission, the planning department of the county government or other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided the composition of the council is fairly representative of all the governing bodies in the County. (b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved. (c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:  (1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing county procedures, or absent such procedures, shall be the responsibility of the local planning agency. (2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan. (3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.66 Del. Laws, c. 207, §  1;
9 DE Code § 6957. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6957. State responsibilities to local planning agencies.

§ 6957. State responsibilities to local planning agencies. (a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data and information is currently available or readily accessible to the county within budgetary limitations. (b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, state facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the county's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the County to prepare the plan elements required by § 6956 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals. 66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §§  55, 56;  74 Del. Laws, c. 186, §  14;  78 Del. Laws, c. 92, §  18;
9 DE Code § 6959. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6959. Legal status of comprehensive plan.

§ 6959. 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. 66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  55;
9 DE Code § 6960. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6960. County comprehensive plan.

§ 6960. County comprehensive plan. (a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than 5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee. Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter. (b) Once the county government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so. (c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues and opportunities. (d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review and certification pursuant to § 9103 of Title 29. (e) Within 18 months of the date of adoption of the county comprehensive plan or revisions thereof, Sussex County shall amend its official zoning map or maps to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County's zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan. 66 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 270, §§  55, 60, 61;  73 Del. Laws, c. 186, §  6;  74 Del. Laws, c. 186, §§  13, 17;  78 Del. Laws, c. 92, §§  23, 24;  78 Del. Laws, c. 129, §  3;
9 DE Code § 6961. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6961. Information from state and local agencies and school districts.

§ 6961. Information from state and local agencies and school districts. (a) All subdivision plans approved by the county government shall be filed with the Office of the Recorder of Deeds, and with such other state and local agencies as the County may by ordinance require. (b) As part of its review of a rezoning or subdivision application, the county government through its designated local planning agency shall request and review information from all state and local agencies and local school districts identified on a list prepared by the County and shall file as part of the record any written information provided by such state and local agencies or local school districts with respect to the rezoning or subdivision application. If the planning agency makes recommendations that are in conflict with the information supplied by state and local agencies or local school districts, it must explain its reasons for doing so in writing. (c) Any state or local agency or local school district which delivers to the head of county government a written request that it be notified of rezoning and subdivision applications shall be included on the County's list of agencies and school districts from which information shall be requested and reviewed in accordance with subsection (b) of this section. 66 Del. Laws, Sp. Sess., c. 198,, §  1;  70 Del. Laws, c. 270, §  55;
9 DE Code § 6962. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter II. The Quality of Life Act|§ 6962. Highway capacity.

§ 6962. Highway capacity. The county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request”) without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in paragraphs (2)a. through (2)c. of this section:  (1) a. As soon as possible, but in any event no later than June 30, 1988, the county government, through its designated planning agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of Transportation of the effects on traffic of each rezoning application. b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with county procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation. c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the County. d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought. (2) a. The County Council, through its designated planning agency, shall establish an agreement with the Department of Transportation to designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2. b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this section and public comment must be permitted at the public hearing. c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.66 Del. Laws, c. 217, §  1;  70 Del. Laws, c. 270, §  55;  80 Del. Laws, c. 224, § 4;
9 DE Code § 6999. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 69. Zoning|Subchapter III. Citizens Bill of Rights Act|§ 6999. Court review of land use actions; limitations on liability of individuals and associations.

§ 6999. Court review of land use actions; limitations on liability of individuals and associations. Any individual or association of individuals that challenges or opposes a zoning, subdivision or other land use application, and seeks judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court. 66 Del. Laws, Sp. Sess., c. 200,, §  1;
9 DE Code § 8102. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 81. Limitations Upon Taxing Power|Subchapter I. General Provisions|§ 8102. Transfers of real property subject to county taxation [For application of this section, see 81 Del. Laws, c. 384, § 3].

§ 8102. Transfers of real property subject to county taxation [For application of this section, see 81 Del. Laws, c. 384, § 3]. (a) Notwithstanding any statute to the contrary, the county government of each county shall have the power by ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined by the county, upon the transfer of real property within the unincorporated areas of the county; provided however, that any realty transfer tax which is imposed by any county government shall not be greater than 1½ percent of the value of the real property as represented by the document transferring the property; and further provided, that the county government shall exempt from such taxation “first-time home buyers“ , as that term is defined in § 5401 of Title 30, up to at least the value of the property or $400,000 whichever is less and such county may by ordinance increase the exemption amount. Any revenues from a tax upon the transfer of real property derived from an ordinance hereinafter adopted by the government of Kent County pursuant to the provisions of this section shall first be dedicated for and applied to Kent County's cost component of the Statewide Paramedic Funding Program as is more particularly set forth in § 9814 of Title 16. (b) The provisions of §§ 5401 and 5403 of Title 30 shall apply with respect to any realty transfer tax imposed by a county government pursuant to the authority granted in this section. (c) Any funds realized by a county pursuant to this section shall be segregated from the county's general fund and the funds, and all interest thereon, shall be expended solely for the capital and operating costs of public safety services, economic development programs, public works services, capital projects and improvements, infrastructure projects and improvements, debt reduction, and assessments of real property as provided for in § 8101 of this title. 67 Del. Laws, c. 415, §  3;  71 Del. Laws, c. 349, §§  13, 14;  81 Del. Laws, c. 384, § 2;  83 Del. Laws, c. 223, § 1;
9 DE Code § 8103. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 81. Limitations Upon Taxing Power|Subchapter I. General Provisions|§ 8103. Personal property.

§ 8103. Personal property. No county or other political subdivision of the State shall levy, assess or collect any tax upon personal property, whether tangible or intangible. 42 Del. Laws, c. 109, §  1;  42 Del. Laws, c. 110, §  1;  9 Del. C. 1953, §  8102;  60 Del. Laws, c. 194, §  2;  67 Del. Laws, c. 415, §  3;
9 DE Code § 8104. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 81. Limitations Upon Taxing Power|Subchapter I. General Provisions|§ 8104. Placement of mobile homes subject to Sussex County taxation.

§ 8104. Placement of mobile homes subject to Sussex County taxation. Notwithstanding any statute to the contrary, the Sussex County government shall have the power by ordinance to impose and collect a tax, to be paid by the applicant, upon the application for a permit for the placement of a mobile home within the unincorporated areas of the county; provided, however, that any tax upon the placement of a mobile home shall not be greater than 1 percent of the value of the mobile home as represented by the permit application; and further provided, that nothing herein shall limit or otherwise affect the power of the county to impose and collect by ordinance fees for placement permits for mobile homes; and further provided, that the county government shall by ordinance exempt from taxation mobile homes owned by those organizations contained in §§ 8105 and 8106 of this title; and further provided, that the county government shall by ordinance exempt from taxation mobile homes which are not subject to taxation pursuant to § 8363 of this title. The funds realized by the county pursuant to this tax shall be segregated from the county's general fund and the funds, and all interest thereon, shall be expended solely for the benefit of the county's independent libraries. The government of Sussex County may adopt by ordinance or ordinances to provide for the effective administration and regulation of any taxes adopted pursuant to the authority conferred by this section. 70 Del. Laws, c. 39, §  1;