reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6713. Water consumption statement and other information for county government or its designated agent.

§ 6713. Water consumption statement and other information for county government or its designated agent.
(a) Each municipality or public corporation, or other person, owning or operating any system of water distribution serving 3 or more parcels of real property in the County shall, from time to time after request therefor by the county government or its designated agent, deliver to the county government or its designated agent a statement showing the amount of water supplied to every such parcel of real property as shown by the records of the municipality or public corporation or other person. The statements shall be delivered to the county government or its designated agent within 10 days after request is made for them, and the county government or its designated agent shall pay the reasonable cost of preparation and delivery of such statements.
(b) The occupant of every parcel of property, the sewage from which is disposed of or treated by any sewerage system of the County, of the water for which is supplied by any water system of the County, shall, upon request therefor by the county government or its designated agent, furnish to the county government or its designated agent information as to the amount of water consumed by such occupant or in connection with such parcel and the number and kind of water outlets, and plumbing or sewerage fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
9 Del. C. 1953, §  6713;  55 Del. Laws, c. 263;  57 Del. Laws, c. 762, §  10A;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6714. Discontinuance of water supply for failure to pay service charge.

§ 6714. Discontinuance of water supply for failure to pay service charge.
Each city or town or other public corporation owning or operating any water distribution system serving 3 or more parcels of real property in the County, and every other person owning or operating any such system may enter into and perform a contract with the County that it will, upon request by the county government specifying a parcel of real property in the County charged with any unpaid service charge under § 6709 of this title, cause the supply of water from its system to such parcel of real property to be stopped or restricted, as the county government may request, until the service charge and any subsequent service charge charged to such parcel and the interest accrued thereon is fully paid or until the county government directs otherwise. No such city or town or other public corporation or other person shall be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such supply, and the county government shall pay the reasonable cost of so stopping or restricting such supply and of restoring the same and may agree to indemnify such city or town or public corporation or other person from loss or damage by reason of such stopping or restriction, including loss of profits.
9 Del. C. 1953, §  6714;  55 Del. Laws, c. 263;  57 Del. Laws, c. 762, §  10A;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6715. Contract with municipality for disposal or treatment of sewage or the filtering, purifying or supplying of water.

§ 6715. Contract with municipality for disposal or treatment of sewage or the filtering, purifying or supplying of water.
(a) The county government may contract with any municipality within the territorial limits of the County for the disposal or treatment by means of any sewerage system of the County or municipality the sewage originating in such city or town or elsewhere. Any such contract may be authorized by resolution duly adopted by the county government and may be made with or without consideration and may contain provisions obligating the County or municipality to dispose of and treat all or any part of the sewage originating in such city or town or elsewhere and obligating such city or town to permit the County to dispose of or treat such sewage, either for a specific period of time or for an unlimited time. Any such contract may contain other and different provisions relative to the kind and character of sewage to be disposed of and treated and the compensation, if any, to be paid for such services.
(b) The county government may contract with any municipality within the territorial limits of the County to buy, sell, process, filter, treat or purify water. Such filtration, treatment, processing or purification may be done in any plant or facility of the County or the municipality for such time, on such terms, and in such volume as the county government may, by resolution, determine.
9 Del. C. 1953, §  6715;  55 Del. Laws, c. 263;  57 Del. Laws, c. 762, §  10A;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6716. Connection of property with sewer or water mains.

§ 6716. Connection of property with sewer or water mains.
Permits for connecting any property by a drain or pipe with any county sewer or water main shall be obtained from the county government and shall be issued only to plumbers licensed to do business in this State. No permit will be granted for connecting any property by a drain or pipe with any sewer or water main unless application is made therefor to the county government in writing upon blanks furnished by the county government. The application shall state the full name of the owner, the size and kind of drain or pipe to be used, and a full description of the premises, its location, the number and size of each building located thereon to be drained, the area of each floor thereof, including the floor of the cellar or basement, all of the purposes for which the drain or pipe is to be used, the time when the connection is to be made and other particulars for a full understanding of the subject and that the owner will be subject to all the rules and regulations prescribed by the county government. The application shall be signed by the owner of the property to be drained or supplied with water and by a plumber licensed to do business in this State. The owner shall also execute a release to the county government releasing the county government, its officers and agents and the County from all liability or damage which may in any manner result to the premises by reason of such connection. No permit shall be deemed to authorize anything not therein specifically stated.
9 Del. C. 1953, §  6716;  55 Del. Laws, c. 263;  57 Del. Laws, c. 762, §  10A;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6717. Licensed plumber to connect property with sewers or mains.

§ 6717. Licensed plumber to connect property with sewers or mains.
All necessary plumbing work to be done in connecting any property with a county sewer or water main shall be done by a plumber licensed to do business in this State, in a good and workmanlike manner, and with good and proper materials, and shall be subject to the approval of the county government or its designated agent.
9 Del. C. 1953, §  6717;  55 Del. Laws, c. 263;  57 Del. Laws, c. 762, §  10A;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6718. Misrepresentations in application and unauthorized connections with sewer or water main; penalty.

§ 6718. Misrepresentations in application and unauthorized connections with sewer or water main; penalty.
Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any sewer or water main contrary to the authority granted by permits issued therefor by the county government, or without a permit therefor in accordance with the provisions of this chapter, shall be fined not less than $5.00 nor more than $500.
9 Del. C. 1953, §  6718;  55 Del. Laws, c. 263.;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6719. Surveys and inspections by county government; penalty for refusal to permit.

§ 6719. Surveys and inspections by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon the land for the purpose of making surveys for sewers, sewer systems, sewage disposal plants, water mains, water systems, water treatment plants, pumping plants, or for right-of-way or other property right required for the sewerage or water systems.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwellings or other buildings in the vicinity of a county sewer to determine if it is connected to the county sewer or water main, or to determine if the sewer or water main connection has been made or is being maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 for every such refusal.
9 Del. C. 1953, §  6719;  55 Del. Laws, c. 263;  57 Del. Laws, c. 762, §  10A;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6720. Construction of chapter with other laws.

§ 6720. Construction of chapter with other laws.
The powers conferred by this chapter shall be in addition to, and not in substitution for, the powers conferred by any other general, special or local law. The powers conferred by this chapter may be exercised notwithstanding that any other general, special or local law may confer such powers, and without regard to the requirements, restrictions, limitations or other provisions contained in such other general, special or local law.
9 Del. C. 1953, §  6720;  55 Del. Laws, c. 263.;
2023 Delaware Code › Title 9 - Counties › Chapter 67. SEWERS AND WATER › § 6721. Annexation.

§ 6721. Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any right, title or interest in any part of any water or sewer system constructed, acquired, extended or improved pursuant to this chapter, except as a resolution of the county government may so provide. No such resolution shall be adopted by the county government unless the annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder for the purchase, construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area, with interest to the date of call or redemption and any redemption or call premium applicable thereto.
9 Del. C. 1953, §  6721;  55 Del. Laws, c. 263.;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6801. Definitions.

§ 6801. Definitions.
As used in this chapter, unless the same shall be inconsistent with the context:
(1) “Commission” means “County Planning and Zoning Commission of Sussex County” created by this chapter.
(2) “County Engineer” means “County Engineer of Sussex County.”
(3) “County government” means “the county governing body of Sussex County.”
(4) “District” means “corporate boundaries of Sussex County including municipalities which choose to be included in the planning and zoning district.”
(5) “Highway Department” means “Department of Transportation of the State of Delaware.”
(6) “Plan” means “comprehensive development plan of the district.”
(7) “Recorder's office” means “Recorder of Deeds in and for Sussex County.”
(8) “Road” includes any “road,” “street,” “highway,” “freeway,” “parkway,” or other public thoroughfare.
9 Del. C. 1953, §  6801;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11A;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6802. Statement of purposes.

§ 6802. Statement of purposes.
For the purpose of promoting the health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for land use, transportation, public facilities and utilities and public works expenditures in that portion of Sussex County which is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town, and as well as for the purpose of preventing the unnecessary duplication of facilities or utilities, the body to be known as the County Planning and Zoning Commission of Sussex County is created and the area over which this Commission shall have jurisdiction shall be known as the County Planning District.
9 Del. C. 1953, §  6802;  56 Del. Laws, c. 95.;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6803. Commission members; appointment, terms and qualifications.

§ 6803. Commission members; appointment, terms and qualifications.
(a) The Commission shall consist of 7 members as follows:
(1) Two nonvoting, ex officio members, the County Engineer and a member of the county government; and
(2) Five voting members all of whom shall be appointed by the county government.
(b) The term of the county government member and the County Engineer shall come to an end at the end of the term for which they were elected or chosen respectively. The members of the Commission appointed by the Department of Transportation, Department of Health and Social Services, the Department of Natural Resources and Environmental Control and the Department of Agriculture shall serve at the pleasure of the appointing authority.
(c) The voting members appointed by the county government shall be appointed as follows:
(1) During the month of June of each year in which a term of any members theretofore appointed by the county government expires, the county government shall appoint members to the Commission. The terms of office shall commence on the July 1 following appointment. Each member shall serve until that member's successor is appointed and qualified. Each member shall be appointed for a term of 3 years, except that a member appointed to fill a vacancy occurring for any reason other than expiration of term, shall be appointed for the unexpired term. The appointed members shall be residents of Sussex County and no more than 2 members shall be appointed for the same council district.
(2) Each member shall be a freeholder and a resident of Sussex County. No more than 1 member shall live inside any incorporated city or town not included in county planning. No more than 3 members shall be of the same political party. Originally, 2 members shall be appointed for 3 years, 2 members for 2 years, and the remaining member for 1 year.
(3) Appointees shall be persons having the knowledge and experience to pass upon planning and zoning problems in connection with urban and rural development, and who at the time of appointment are not candidates for or incumbents of an elective public office.
(d) When any vacancy occurs in the Commission, either by death, resignation, expiration of term of office, removal, or otherwise, of any person so appointed, the vacancy shall be filled for the unexpired term by the body or person which appointed the member to the office in which such vacancy occurred.
(e) The members of the Commission shall serve without compensation, but shall be paid their necessary expenses incurred in the performance of their duties.
9 Del. C. 1953, §  6803;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;  59 Del. Laws, c. 212, §  1;  60 Del. Laws, c. 503, §  22;  70 Del. Laws, c. 44, §§  1-5;  70 Del. Laws, c. 149, §  5;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 186, §  20;  77 Del. Laws, c. 441, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6804. Commission organization; power and duties.

§ 6804. Commission organization; power and duties.
(a) At the first regularly scheduled meeting of the Commission in July of each year, the Commission shall convene and organize by selecting a chair. Before entering upon the duties of the office, each member shall take and subscribe the oath or affirmation prescribed by the Constitution. The Commission may create and fill such other offices in addition to chair as it may determine. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
(b) Three voting members of the Commission shall constitute a quorum.
(c) The county government shall provide suitable and convenient office space for the use and occupancy of the Commission, and shall furnish and supply all necessary equipment for the office.
9 Del. C. 1953, §  6804;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;  65 Del. Laws, c. 58, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6805. Secretary and personnel of Commission.

§ 6805. Secretary and personnel of Commission.
(a) The Commission shall appoint a Secretary who shall serve for such time, and perform such duties and receive such compensation as the Commission may prescribe. The secretary shall give bond if required by the Commission in such amount as the Commission may require.
(b) The Commission may appoint, discharge at pleasure and fix the compensation of such employees and staff or any contract for the services of such persons, firms, or corporations as, from time to time, in its judgment may be necessary to the exercise of its powers under this chapter; provided, however, that all actions of the Commission under this subsection are subject to county government approval, and the county government may require any employee to give bond with surety approved by it in a sum to be fixed by the Commission.
9 Del. C. 1953, §  6805;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6806. Assistance to Commission by County.

§ 6806. Assistance to Commission by County.
The county government may, from time to time, upon request of the Commission and for the purpose of special surveys, assign or detail to the Commission any members of the administrative staffs or agencies of the County, or direct any such staff or agency to make for the Commission special surveys or studies requested by the Commission.
9 Del. C. 1953, §  6806;  56 Del. Laws, c. 95.;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6807. Comprehensive development plan of the District.

§ 6807. Comprehensive development plan of the District.
(a) The Commission shall prepare a plan as expressed in maps, figures, and text which shall, among other elements, include:
Statements of objectives, standards, principles and policies pertaining to the physical development of the District; existing and proposed patterns and intensity of land use; existing and proposed traffic circulation and transportation systems; existing and proposed public facilities, programs and utilities. The plan shall include such other features and programs as may come wholly or partially within county jurisdiction; and in addition, include those planning elements existing and proposed within a city or town as are likely to bear an important relationship to the physical development of the district. The plan shall be a public record, but its purpose and effect shall be solely as an aid to the Commission in the performance of its duties. A copy of the plan shall be forwarded to the State Planning Office and all municipalities within the County for review. After the Commission adopts the plan or amendments thereto, the plan shall be forwarded to the county government for formal action.
(b) The Commission may also prepare a recommended 6-year capital improvements program including an annual capital budget and various codes and ordinances intended to implement the comprehensive plan.
(c) The Commission may, from time to time, amend, extend or add to the plan under the provisions of subsection (a) of this section.
(d) The plan may cover areas within the corporated limits of any city or town in Sussex County, to the extent that such areas shall be deemed, in the judgment of the Commission, to be related to the planning of the District. The plan shall have no legal effect in such areas except when such areas request inclusion within the District as provided for in § 6802 of this title.
(e) The Commission shall encourage the cooperation of the cities and towns within Sussex County in any matter concerning the plan and, if requested, shall advise the governing body or authority of any city or town in Sussex County with respect thereto.
9 Del. C. 1953, §  6807;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6808. Investigations, maps and reports of Commission.

§ 6808. Investigations, maps and reports of Commission.
The Commission shall have full power to make such investigations, maps, and reports of the resources, condition and needs of the District as it deems desirable. Upon completion of such reports, the Commission shall submit the same to the county government with its recommendations. The Commission shall report annually to the county government on the activities of the Commission during the preceding year.
9 Del. C. 1953, §  6808;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6809. Official map of the County.

§ 6809. Official map of the County.
(a) There is established an official map of the County. The Commission shall be the maker and custodian of such map. The map shall show the location and lines of the public roads, easements, water courses and public lands within the County existing and/or established by law at the time of the preparation and setting up of the map by the Commission; and shall show the location of the lines of the roads, easements, water courses and public lands on plats which shall have been approved by the Commission at or previous to that time.
(b) Whenever the Commission has prepared an approved official map or any amendment, extension or addition thereto, it shall submit, after public hearing, the approved official map or such amendment, extension or addition thereto, to the county government for its adoption. If the official map or amendment, extension or addition thereto shall pertain to the road system of or any road in Sussex County, the official map or any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its review and recommendation. Upon receipt of the recommendation from the Department of the official map or such amendment, extension or addition thereto, it shall be returned to the county government for its adoption. If adopted by the county government, the map shall be recorded in the Recorder's office within 30 days after such action.
(c) The Commission may, from time to time, amend, extend, add to or remove from the official map all roads established or vacated by law, or as established by subsection (b) of this section.
9 Del. C. 1953, §  6809;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6811. Approval or disapproval of plat by Commission; appeal.

§ 6811. Approval or disapproval of plat by Commission; appeal.
The Commission shall approve or disapprove a plat within 45 days after the submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Commission upon demand. Such period may be extended by mutual agreement between the Commission and the applicant for the Commission's approval. The grounds of disapproval of any plat shall be stated upon the records of the Commission and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by the Commission without affording a hearing thereon as outlined in § 6812 of this title and notice of the time and place of which shall be sent by registered mail to such applicant not less than 5 days before the date fixed therefor. Any approval or disapproval may be appealed to the county government within 30 days of the official action of the county government.
9 Del. C. 1953, §  6811;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6812. Public hearing and notice.

§ 6812. Public hearing and notice.
(a) Any public hearing required by this chapter shall be held within the County and notice of the time and place thereof shall be published in 2 newspapers of general circulation in the County. Notice shall be published at least 15 days before the date of the hearing. In addition, notice of the hearing shall be posted on the property itself. The notice shall state the place at which the text and maps relating to the proposed change may be examined.
(b) Public notice of any formal action taken in regard to public hearings as required by this chapter shall be published once in a newspaper of general circulation in the County within 15 days of such action.
9 Del. C. 1953, §  6812;  56 Del. Laws, c. 95;  65 Del. Laws, c. 19, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6813. Recording unapproved plat; penalty for.

§ 6813. Recording unapproved plat; penalty for.
Any Recorder who formally files or records any plat or map contrary to the provisions of this chapter shall be fined not less than $100 nor more than $500.
9 Del. C. 1953, §  6813;  56 Del. Laws, c. 95.;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6814. Cooperation with other agencies.

§ 6814. Cooperation with other agencies.
(a) Upon the request of the county government, the Commission shall, or upon the request of the Department of Transportation, the Department of Health and Social Services, the Division of Environmental Control, or any other state, county, or municipal agency, board, department, commission or authority, the Commission may, upon such terms as may mutually be agreed upon, prepare plans and supply information relating to any of the matters set forth in this chapter.
(b) In exercising the powers conferred by this chapter, the Commission is empowered to act in conjunction and cooperation with representatives, agencies, or officers of the United States government, this State, any other state, or any county, city or town within or without this State.
9 Del. C. 1953, §  6814;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;  60 Del. Laws, c. 503, §  22;  70 Del. Laws, c. 149, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6815. Entry upon land; access to records.

§ 6815. Entry upon land; access to records.
(a) In the performance of the functions and duties of the Commission, any member thereof or any employee or agent thereof shall have the right to enter into and upon, at reasonable times (Sundays and holidays excluded) between the hours of 8:
00 a.m. and 5:
00 p.m., any lands in the District, either public or private, and to make surveys and to place and maintain necessary monuments and markers thereon, but such entry shall be made with due care and regard for the protection and preservation of property.
(b) In the performance of the functions and duties of the Commission, any member, employee or agent thereof shall have free access, without expense, to all state, county, municipal and other public records.
9 Del. C. 1953, §  6815;  56 Del. Laws, c. 95.;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6816. Appropriation.

§ 6816. Appropriation.
The county government may appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the Commission and may enforce the regulations and restrictions which are adopted pursuant to this chapter, and may accept grants of money and service for these purposes, and other purposes, in accordance with this chapter, from either private or public sources, state or federal.
9 Del. C. 1953, §  6816;  56 Del. Laws, c. 95;  57 Del. Laws, c. 762, §  11B;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6817. Powers and duties of Department of Transportation not affected.

§ 6817. Powers and duties of Department of Transportation not affected.
Nothing contained in this chapter shall change, alter, affect or modify the rights, powers and duties elsewhere conferred upon the Department of Transportation.
9 Del. C. 1953, §  6817;  56 Del. Laws, c. 95;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6818. Powers and duties of municipal corporations not affected.

§ 6818. Powers and duties of municipal corporations not affected.
Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties prior to July 13, 1967, conferred upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of the municipal corporation.
9 Del. C. 1953, §  6818;  56 Del. Laws, c. 95.;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6819. Residential facilities for persons with disabilities.

§ 6819. Residential facilities for persons with disabilities.
(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.
(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
62 Del. Laws, c. 390, §  3;  74 Del. Laws, c. 149, §§  7, 8;
2023 Delaware Code › Title 9 - Counties › Chapter 68. PLANNING AND ZONING › § 6820. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.

§ 6820. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases residential density, the county government shall notify the local school district for the area at least 7 days prior to any such approval process.
66 Del. Laws, Sp. Sess., c. 195,, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6901. Definitions.

§ 6901. Definitions.
All definitions used in § 6801 of this title shall apply to this subchapter, and as used in this subchapter, unless the same shall be inconsistent with the context:
(1) “Nonconforming structure” means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or code or amendment by reason of its location. Such nonconforming structures include nonconforming signs.
(2) “Nonconforming use” means a use, whether of land or of a structure, which does not comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or code or amendment, or prior to the application of such ordinance or code or amendment by reason of its location.
(3) “Structure” means any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land. The word “structure” includes the word “building.”
9 Del. C. 1953, §  6901;  56 Del. Laws, c. 97;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6903. Zoning map and regulations.

§ 6903. Zoning map and regulations.
(a) For any or all of the purposes specified in § 6902 of this title, the county government may divide the territory of Sussex County into districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the erection, construction, reconstruction, alteration, and the nature and extent of use of buildings and structures, and the nature and extent of the use of land.
(b) All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in 1 district may differ from those in other districts.
(c) The county government shall provide for the manner in which regulations shall be enforced, prescribe penalties for violations and shall designate the administrator of the regulations. The administrator so designated shall have authority to act as such throughout the County.
9 Del. C. 1953, §  6903;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6904. Purposes of regulations.

§ 6904. Purposes of regulations.
(a) Regulations adopted by the county government, pursuant to the provisions of this subchapter, shall be in accordance with the approved comprehensive development plan and shall be designated and adopted for the purpose of promoting the health, safety, morale, convenience, order, prosperity or welfare of the present and future inhabitants of Sussex County, including, amongst other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire, flood, and other dangers, providing adequate light and air, preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, water and air pollution abatement, drainage, sanitation, educational opportunities, recreation, soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State's agricultural and other industries, and the protection of both urban and nonurban development.
(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved, its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development.
9 Del. C. 1953, §  6904;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6905. Planning and Zoning Commission; appointment; term and qualifications.

§ 6905. Planning and Zoning Commission; appointment; term and qualifications.
In order to avail itself of the powers conferred by this subchapter, the county government shall appoint a permanent commission of 5 members which shall be known as the County Planning and Zoning Commission of Sussex County and who shall be the same voting members appointed under § 6803 of this title and its organization, meeting, office of the Commission, Secretary of the Commission, and other personnel shall be the same as in §§ 6804 and 6805 of this title.
9 Del. C. 1953, §  6905;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6906. Assistance from and cooperation with other agencies.

§ 6906. Assistance from and cooperation with other agencies.
In performing its zoning function the Commission may make use of the expert advice and information which may be furnished by appropriate state, federal, or other officials, departments and agencies. All officials, departments, and agencies within the State having information, maps and data pertinent to county zoning shall make the same available for the use of the Commission, as well as furnish such other technical assistance and advice as they may have available for such purpose.
9 Del. C. 1953, §  6906;  56 Del. Laws, c. 97.;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6907. Tentative zoning proposal preparation by Commission.

§ 6907. Tentative zoning proposal preparation by Commission.
(a) The Commission shall make, as promptly as possible, for certification to the county government, a zoning proposal based upon and in full accordance with the adopted comprehensive development plan including both the full text of the zoning regulation or regulations and the maps for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, size of lots, courts, and other open spaces, density and distribution of population; for the use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and for the uses of land for trade, industry, recreation, public activities, soil conservation, water supply conservation or other similar purposes.
(b) After the creation of the Commission and prior to the creation of the adopted comprehensive development plan and prior to the tentative zoning proposal described in subsection (a) of this section, an interim holding zone proposal to control the development of land may be instituted by Sussex County pursuant to § 6909 of this title as a temporary measure, but in no case shall the interim zoning be effective beyond December 31, 1970.
9 Del. C. 1953, §  6907;  56 Del. Laws, c. 97;  57 Del. Laws, c. 217;  57 Del. Laws, c. 762, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6908. Public hearing and notice.

§ 6908. Public hearing and notice.
Any public hearing required by this subchapter shall be held in accordance with § 6812 of this title.
9 Del. C. 1953, §  6908;  56 Del. Laws, c. 97;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6909. Commission's powers in conduct of public hearings.

§ 6909. Commission's powers in conduct of public hearings.
For the purpose of any public hearing under this subchapter, the Commission shall have power to summon witnesses, administer oaths and compel the giving of testimony. A taped recording or written transcript shall be made and become a part of the Commission's public records.
9 Del. C. 1953, §  6909;  56 Del. Laws, c. 97;  64 Del. Laws, c. 78, §  2;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6910. Adoption by county government of zoning map and regulations; public hearings and notice; consultative hearings; resubmission to Commission.

§ 6910. Adoption by county government of zoning map and regulations; public hearings and notice; consultative hearings; resubmission to Commission.
(a) Before the adoption of any zoning proposal or zoning regulations, the county government shall hold a public hearing in accordance with § 7002(m) of this title.
(b) The county government may conduct consultative hearings prior to the required public hearing to aid it in determining the desirability of contemplated or recommended regulations.
(c) No change in or departure from text or maps, as certified by the Commission, shall be made unless such change or departure shall first be submitted to the Commission for its approval or disapproval or suggestions. The Commission shall have 45 days from and after such submission within which to send its report to the county government, but the county government shall not be bound by the report.
9 Del. C. 1953, §  6910;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  64 Del. Laws, c. 78, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6911. Changes in zoning district; map or regulations; procedure.

§ 6911. Changes in zoning district; map or regulations; procedure.
(a) The county government may, from time to time, make amendments, supplements, changes or modifications (herein called “changes”) in accordance with the comprehensive development plan with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Commission.
(b) With respect to any proposed changes, the Commission shall hold at least 1 public hearing pursuant to § 6812 of this title.
(c) Unless the Commission shall have transmitted its report upon the proposed changes within 45 days after the submission thereof to it, the county government shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Commission. In any event, the county government shall not be bound by the report of the Commission. Before finally adopting any changes, the county government shall hold a public hearing thereon pursuant to § 7002(m) of this title. Additionally, notice of the hearing by the county government shall be posted on the property itself.
9 Del. C. 1953, §  6911;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  64 Del. Laws, c. 78, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6912. Zoning coordination.

§ 6912. Zoning coordination.
The Commission may cooperate with other planning and zoning commissions within Sussex County and within other counties and states, and with legislative and administrative authorities of incorporated or unincorporated municipalities, either within or without such County, with a view to coordinating and integrating the zoning of the County with the planning and zoning of other counties or states or of municipalities. The Commission shall also have power to appoint such committee or committees, and adopt such rules for the conduct of its business, as it may deem proper to effect such cooperation or to more expeditiously and effectively perform its functions.
9 Del. C. 1953, §  6912;  56 Del. Laws, c. 97.;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6913. Board of Adjustment — Appointment, terms and qualifications; removal; vacancies; compensation.

§ 6913. Board of Adjustment — Appointment, terms and qualifications; removal; vacancies; compensation.
The county government shall appoint a Board of Adjustment of 5 members, subject to the same terms and qualifications as indicated in § 6803(c) of this title.
9 Del. C. 1953, §  6913;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6914. Board of Adjustment — Office and personnel.

§ 6914. Board of Adjustment — Office and personnel.
The county government shall furnish the Board of Adjustment with necessary office space and other facilities. Subject to the approval of the county government, the Board may employ such secretarial and technical assistants as may be required to perform its functions properly.
9 Del. C. 1953, §  6914;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6915. Board of Adjustment — Rules governing organization, procedure and jurisdiction.

§ 6915. Board of Adjustment — Rules governing organization, procedure and jurisdiction.
The county government shall provide and specify in its zoning or other regulations, general rules to govern the organization, procedure and jurisdiction of the Board of Adjustment, which rules shall not be inconsistent with this subchapter, and the Board of Adjustment may adopt supplemental rules of procedure not inconsistent with this subchapter or such general rules.
9 Del. C. 1953, §  6915;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6916. Appeals to the Board of Adjustment — Who may take; procedure.

§ 6916. Appeals to the Board of Adjustment — Who may take; procedure.
(a) Appeals to the Board of Adjustment may be taken by any person refused a building permit, or from the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning regulations. Appeals to the Board of Adjustment may be taken by any property owner, officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning regulations.
(b) The time within which such appeal must be made, and the effect, form, or other procedure relating thereto, shall be as specified in the general rules provided by the county government to govern the procedure of the Board of Adjustment or in the supplemental rules of procedure adopted by the Board.
(c) Appeals taken to the Board of Adjustment may be referred by the Board of Adjustment to the Commission for its review and recommendations.
9 Del. C. 1953, §  6916;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;  64 Del. Laws, c. 78, §  5;