reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4724. Contracts for garbage collection authorized.

§ 4724. Contracts for garbage collection authorized.
The county government may enter into a contract with any private or public garbage collector to collect the garbage of each garbage collection unit located within the garbage collection district. The mere creation of a garbage collection district pursuant to § 4723 of this title shall not obligate the county government to enter into a contract hereunder if in its opinion the bids received pursuant to § 4725 of this title are too costly.
9 Del. C. 1953, §  4724;  58 Del. Laws, c. 221.;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4725. Award of contracts.

§ 4725. Award of contracts.
No contract for garbage collection shall be awarded unless the county government shall publicly invite sealed bids by at least 14 days' notice in a newspaper published within the County. Bids so obtained shall be publicly opened and awarded to the lowest responsible bidder except that the county government may reject any or all bids. The county government may in its specifications include reasonable qualifications for bidders in respect to equipment. The county government may provide for contracts in excess of 1 year and may impose such provisions, conditions and limitations as deemed desirable, including requirements that no 1 bidder may serve the entire county.
9 Del. C. 1953, §  4725;  58 Del. Laws, c. 221;  60 Del. Laws, c. 329, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4726. Levy and collection of garbage collection tax.

§ 4726. Levy and collection of garbage collection tax.
(a) In order to pay the annual costs for any garbage collection contract entered into pursuant to § 4724 of this title, the county government shall divide the annual contract cost, plus a pro rata administrative cost as determined by the county government, by the number of garbage collection units within the garbage collection district to arrive at the annual unit cost. The annual unit cost shall then be assessed against each garbage collection unit located within the boundaries of the garbage collection district. No parcel of real estate shall be exempt from paying its annual unit cost because it is uninhabited so long as it is improved and intended for residential use. No parcel of real estate so improved and intended for residential use shall be exempt from paying its annual unit cost because its owner chooses not to use the garbage collection service.
(b) The annual unit cost assessed against each garbage collection unit shall be levied and collected by the Board of Assessment, county government and Receiver of Taxes and County Treasurer at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The tax shall be included on the county tax bills under the heading “garbage collection tax.”
9 Del. C. 1953, §  4726;  58 Del. Laws, c. 221;  59 Del. Laws, c. 198, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4727. Administration of funds.

§ 4727. Administration of funds.
All amounts collected pursuant to this subchapter shall be paid into the general fund of Kent County and all payments for garbage collection shall be paid out of the general fund of Kent County. Should Kent County fail in any 1 year to collect all of the taxes in the garbage collection district necessary to pay the contract price for garbage collection in any year, the county government may pay the deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund in anticipation of collection of the garbage collection tax.
9 Del. C. 1953, §  4727;  58 Del. Laws, c. 221.;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4729. Continuation and termination of contracts; consolidation of garbage collection districts.

§ 4729. Continuation and termination of contracts; consolidation of garbage collection districts.
Once a garbage collection district has been formed and garbage collection undertaken pursuant to this subchapter, the county government may, without further public hearings, enter into new contracts for garbage collection. However, the county government may determine not to continue garbage collection for any garbage collection district at the expiration of any contract entered into pursuant to this subchapter. The county government may, without further public hearings, consolidate 2 or more garbage collection districts into a single district.
9 Del. C. 1953, §  4729;  58 Del. Laws, c. 221;  59 Del. Laws, c. 198, §  2;  60 Del. Laws, c. 329, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 47. GARBAGE DISPOSAL › Subchapter II. Garbage Collections in Unincorporated Areas › § 4730. Annual budgeting.

§ 4730. Annual budgeting.
(a) The annual amounts required for garbage collection contracts entered into pursuant to the provisions of this subchapter shall be included in the annual budget request of the office of County Engineer under separate headings for each garbage collection district. After levying the garbage collection tax, the county government shall deliver a separate tax collection warrant together with a list of taxables for each garbage collection district to the Receiver of Taxes and County Treasurer commanding him or her to collect from the persons named in the said list their garbage collection tax and its amount.
(b) Should a garbage collection district be formed and a garbage collection contract awarded after the commencement of any fiscal year, the county government shall include in the next annual budget an amount sufficient to reimburse the general fund for the expenditure during the last fiscal year as well as an amount sufficient to pay the contract cost for the coming fiscal year. Any contract awarded after the commencement of a fiscal year shall expire at the beginning of the next fiscal year.
9 Del. C. 1953, §  4730;  58 Del. Laws, c. 221;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4801. Definitions.

§ 4801. Definitions.
As used in this chapter, unless the same shall be inconsistent with the context:
(1) “Commission” means “Regional Planning Commission of Kent County” created by this chapter.
(2) “Council” means “the Council of the Mayor and Council of Dover.”
(3) “County Engineer” means “County Engineer of Kent County.”
(4) “County government” means the county governing body of Kent County.
(5) “District” means “Regional Planning District of Kent County” created by this chapter.
(6) “Highway Department” means “State Department of Transportation of the State of Delaware.”
(7) “Land development” means “any tract or parcel of land upon which is proposed the construction or erection of 1 or more commercial, industrial, multi-family, or mobile home park use.”
(8) “Minor subdivision” means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land is created, either said created parcel is not on a new road, or said created parcel or parcels is on a private road approved pursuant to regulations adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision and shall not apply to the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision is sought. Original tract shall be deemed to be all tracts separately in existence upon effective date of this definition.
(9) “Recorder's office” means “Recorder of Deeds in and for Kent County.”
(10) “Road” includes any “road,” “street,” “highway,” “freeway,” “parkway” or other public thoroughfare.
(11) “Subdivision” means division of any part, parcel or area of land by the owner or the owner's agent, into lots or parcels 2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets, lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon. A subdivision includes:
a. Any division of a parcel of land having frontage on an existing improved street into 2 or more lots, 1 or more of which have frontage on the existing street;
b. Any development of a parcel of land which involves installation of streets and driveways whether or not dedicated and whether or not the parcel is divided for the purpose of immediate conveyance, transfer or sale;
c. Any resubdivision and, as appropriate, shall refer to the process of subdividing land or the land so subdivided.
9 Del. C. 1953, §  4801;  56 Del. Laws, c. 103, §  15;  56 Del. Laws, c. 241, §§  5, 6;  60 Del. Laws, c. 503, §  22;  67 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 410, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4802. Regional Planning Commission and Regional Planning District; statement of purposes.

§ 4802. Regional Planning Commission and Regional Planning District; statement of purposes.
For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for roads, airways, railways, public buildings, parks, playgrounds, civic centers, airports, commercial, industrial and residential developments, water supplies, sewers and sewage disposal, drainage and other improvements and utilities (excepting, however, privately owned public utilities engaged in furnishing light, heat, power, transportation or communication by telephone or by telegraph or otherwise, as to which the provisions of this chapter shall not apply) in that portion of Kent 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 of authority of any such city or town, and as well as for the purpose of preventing the unnecessary duplication of such improvements or utilities, a department known as the Regional Planning Commission of Kent County is created for the area to be known as the Regional Planning District of Kent County.
9 Del. C. 1953, §  4802;  56 Del. Laws, c. 103, §  15;  56 Del. Laws, c. 241, §  7;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4803. Regional Planning Commission.

§ 4803. Regional Planning Commission.
The county government shall, by ordinance, establish a Regional Planning Commission and determine the membership, terms, qualifications and compensation of said Commission.
9 Del. C. 1953, §  4803;  56 Del. Laws, c. 103, §  15;  56 Del. Laws, c. 241, §§  8, 9;  58 Del. Laws, c. 340, §§  3, 4;  60 Del. Laws, c. 503, §  22;  66 Del. Laws, c. 323, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4804. Office space and equipment.

§ 4804. Office space and equipment.
The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission, and the county government shall furnish and supply all necessary equipment for the office.
9 Del. C. 1953, §  4804;  56 Del. Laws, c. 103, §  15;  58 Del. Laws, c. 340, §  5;  66 Del. Laws, c. 323, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4805. Secretary of Commission and other personnel.

§ 4805. Secretary of Commission and other personnel.
(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 may 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 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, §  4805;  56 Del. Laws, c. 103, §  15;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4806. Assistance to Commission by County and City of Dover.

§ 4806. Assistance to Commission by County and City of Dover.
The county government or council 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 city, or may direct any such staff or agency to make for the Commission special surveys or studies requested by the Commission.
9 Del. C. 1953, §  4806;  56 Del. Laws, c. 103, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4807. Master plan of District.

§ 4807. Master plan of District.
(a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to be incorporated in the road system, together with the indication of their existing and proposed widths; existing and proposed county parks, playgrounds, parkways, and other recreation places; existing and proposed county airways, aviation fields and other county open places; existing and proposed sites for county buildings; and such other features as may come wholly or partially within county jurisdiction; and in addition, similar elements of the plan existing and proposed within city or town as have or are likely to bear an important relation to the above county features. Such master 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.
(b) The Commission may, from time to time, amend, extend or add to the master plan.
(c) The master plan may cover areas within the corporate limits of any city or town in Kent 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 master plan shall have no legal effect in such areas except as in pursuance of a request for the inclusion of such area within the District as provided in § 4802 of this title.
(d) The Commission shall encourage the cooperation of the cities and towns within Kent County in any matter concerning the master plan and, if requested, shall advise the governing body or authority of any city or town in Kent County with respect thereto.
9 Del. C. 1953, §  4807;  56 Del. Laws, c. 103, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4808. Road surveys.

§ 4808. Road surveys.
The Commission may, in pursuance of the development and carrying out of its master plan, make from time to time surveys for the exact location of the lines of future roads, road relocations, road extensions, road widenings or narrowings in the District or any portion thereof, and make plats of the areas thus surveyed, showing the Commission's recommendations for the exact locations of such future road lines.
9 Del. C. 1953, §  4808;  56 Del. Laws, c. 103, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4809. Official map of the District.

§ 4809. Official map of the District.
(a) There is established an official map of the District. The Commission shall be the maker and custodian of such map. The map shall show the location and lines of the roads within the District existing and established by law as public roads 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 on plats which shall have been approved by the Commission at or previous to that time.
(b) Whenever the Commission shall have adopted an official map or any amendment, extension or addition thereto, it shall submit the official map or such amendment, extension or addition thereto, to the county government for its approval and if the official map or amendment, extension or addition thereto shall pertain to the road system of or any road in Kent County, the official map or any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its approval and upon approval of the official map or such amendment, extension or addition thereto, the Commission shall cause the official map or such amendment, extension or addition thereto to be recorded in the Recorder's office within 15 days after such approval.
(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.
(d) If the State Department of Transportation changes or amends existing roads or adds new roads which vary from the master plan as established pursuant to § 4807 of this title, the Commission shall have the right, after due notice in writing to the Department, to appeal such change or addition, to the State Highway Commissioners in an official meeting of which the public shall be given notice and which the public may attend. After receiving notice in writing of the appeal of the Regional Planning Commission, the State Highway Commissioners and their employees will refrain from execution of plans changing or adding roads in variance from the aforesaid master plan until the appeal has been heard and a written decision rendered by the said State Highway Commissioners. That decision may be summarily appealed to the Superior Court which shall have the power to enjoin further action by all parties until a determination is reached by that Court as to whether the promotion of the health, safety, prosperity and general welfare of the citizens of this State and of Kent County are better served by compliance with the aforesaid master plan or by granting the change or addition desired by the State Department of Transportation.
9 Del. C. 1953, §  4809;  56 Del. Laws, c. 103, §  15;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4811. Approval or disapproval of plat by Commission; hearing.

§ 4811. Approval or disapproval of plat by Commission; hearing.
The Commission shall approve, approve with conditions, disapprove or table a plat within 45 days after acceptance by the Commission of the plat and all necessary supporting documentation; 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, 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. However, in the application the applicant may waive the requirement of such hearing and notice. Any approval or disapproval, after its recordation by the Commission, may be appealed to the county government within 30 days. County government shall affirm or deny, in whole or in part, the decision of the Regional Planning Commission, or remand the matter to the Regional Planning Commission for further proceedings. However, a decision of the Regional Planning Commission may not be remanded to that Commission by the county government more than 1 time.
9 Del. C. 1953, §  4811;  56 Del. Laws, c. 103, §  15;  67 Del. Laws, c. 168, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 297, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4812. Recording unapproved plan; penalty for.

§ 4812. Recording unapproved plan; penalty for.
Any Recorder who receives for filing or recording any plan or map contrary to the provisions of this chapter shall be fined not less than $100 nor more than $500.
9 Del. C. 1953, §  4812;  56 Del. Laws, c. 103, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4813. Cooperation with other agencies.

§ 4813. Cooperation with other agencies.
(a) Upon the request of the county government or the Council or the Department of Transportation or the Department of Health and Social Services or any other state, county or municipal agency, board, department, commission or authority, the Commission shall, 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, §  4813;  56 Del. Laws, c. 103, §  15;  60 Del. Laws, c. 503, §  22;  70 Del. Laws, c. 149, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4814. Entry upon land; access to records.

§ 4814. 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 and go 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 of the Commission shall have free access, without expense, to all state, county, municipal and other public records.
9 Del. C. 1953, §  4814;  56 Del. Laws, c. 103, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4815. Appropriation; authority to make.

§ 4815. Appropriation; authority to make.
The county government may annually appropriate a sum not exceeding $200,000 for the purpose of carrying out this chapter, to be paid as other county expenses out of moneys collected for taxes for county purposes.
9 Del. C. 1953, §  4815;  56 Del. Laws, c. 103, §  15;  60 Del. Laws, c. 233, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4816. Issuance of building and occupancy permits.

§ 4816. Issuance of building and occupancy permits.
(a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement, utility or structure on any part of any land which is required to be submitted to the Commission as provided in § 4810 of this title after the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other improvements in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except pursuant to an approval received for the road, subdivision or land development plan in accordance with the provisions contained in this chapter.
(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except upon a determination of full compliance with the road, subdivision or land development plan approval.
(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set aside for future right-of-way needs, as provided in § 145 of Title 17, no building permit shall be issued by the County for the erection of any building or for the construction of any improvement, or structure on any part of any land which lies, or is located, within the lines of any land designated and set aside for future highway right-of-way needs as appears on the Department's Future Right-of-Way Map — Final, except as hereinafter provided in subsection (d) of this section.
(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions of subsection (c) of this section unless the Department, after being given written notice thereof by the Commission shall:
(1) Within 60 days of receipt of such notice, file with the Commission a declaration that:
a. The issuance of the permit will be detrimental to future highway planning and construction; and
b. That the land described in the permit application is needed for future highway purposes; and
(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire all of the land described in said building permit application as may be located within said future highway right-of-way.
9 Del. C. 1953, §  4816;  56 Del. Laws, c. 103, §  15;  56 Del. Laws, c. 241, §  12;  57 Del. Laws, c. 754, §§  5, 6;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4817. Powers and duties of municipal corporations not affected.

§ 4817. Powers and duties of municipal corporations not affected.
Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of municipal corporations.
9 Del. C. 1953, §  4817;  56 Del. Laws, c. 103, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4818. Appeals from county government decisions.

§ 4818. Appeals from county government decisions.
All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court of Kent County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotary shall give notice to the Clerk of the Peace of Kent County who shall transmit to the Prothonotary within 10 days the written decision of the county government, which decision shall set forth the legal and factual basis for the refusal of the county government to permit the recording of the plat in the manner requested.
9 Del. C. 1953, §  4818;  57 Del. Laws, c. 710.;
2023 Delaware Code › Title 9 - Counties › Chapter 48. REGIONAL PLANNING › § 4819. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.

§ 4819. 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 49. ZONING › Subchapter I. General Provisions › § 4902. Zoning plan and regulations.

§ 4902. Zoning plan and regulations.
(a) For any or all of the purposes specified in § 4901 of this title the county government may divide the territory of Kent 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, alterations, and uses of buildings and structures and the uses 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 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, §  4902;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4903. Purposes of regulations.

§ 4903. Purposes of regulations.
(a) Regulations adopted by the county government, pursuant to the provisions of this subchapter, 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 this State, 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 and other dangers, providing adequate light and air, preventing on the 1 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, 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, §  4903;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4904. Kent County Zoning Commission; consolidation with Regional Planning Commission.

§ 4904. Kent County Zoning Commission; consolidation with Regional Planning Commission.
(a) In order to avail itself of the powers conferred by this subchapter, the county government shall appoint a commission of 5 members which shall be known as the Kent County Zoning Commission. Each member shall be appointed for a term of 6 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.
(b) Each member shall be a freeholder and resident of Kent County, 4 of whom shall live outside any incorporated city or town. No more than 3 of the members of the Commission shall be of the same political party. Originally 3 members shall be appointed for 3 years, and the remaining 2 for 6 years so that at any biennial election, no more than 3 members shall be up for appointment. Members of the Regional Planning Commission otherwise qualified, shall be eligible for appointment to the Kent County Zoning Commission.
(c) Upon adoption of permanent zoning regulations by the county government, the Zoning Commission shall cease to exist and the members of the Zoning Commission shall become voting members of and shall serve out their terms on the Kent County Regional Planning Commission. Upon expiration of the said original terms, reappointment or appointment of new members shall be in accordance with the terms established for members of the Regional Planning Commission. Following consolidation with the Zoning Commission, the Kent County Regional Planning Commission shall henceforth exercise all of the powers and duties herein set forth for the Zoning Commission.
9 Del. C. 1953, §  4904;  56 Del. Laws, c. 103, §  16;  56 Del. Laws, c. 241, §  13;  58 Del. Laws, c. 340, §  1;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4905. Assistance from and cooperation with other agencies.

§ 4905. Assistance from and cooperation with other agencies.
The Zoning Commission shall 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 Zoning Commission, as well as furnish such other technical assistance and advice as they may have available for such purpose.
9 Del. C. 1953, §  4905;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4906. Personnel and office facilities of Zoning Commission.

§ 4906. Personnel and office facilities of Zoning Commission.
The Zoning Commission may employ such experts, trained personnel, and staff as the funds provided therefor may permit. The county government shall furnish the Zoning Commission with appropriate office space and other facilities. The county government may pay to the Regional Planning Commission of Kent County for salaries and other expenses of the Zoning Commission an amount based upon a proportionate use of personnel and facilities of the Regional Planning Commission by the Zoning Commission.
9 Del. C. 1953, §  4906;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4907. Tentative zoning plan; preparation of by Commission.

§ 4907. Tentative zoning plan; preparation of by Commission.
The Zoning Commission shall make, as promptly as possible, for certification to the county government, a zoning plan or plans, including both the full text of the zoning regulation or regulations and the maps, and representing the recommendations of the Zoning Commission 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, the size of lots, courts, and other open spaces, the density and distribution of population, for the location and 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.
9 Del. C. 1953, §  4907;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4908. Public hearing and notice.

§ 4908. Public hearing and notice.
When the efforts of the Commission shall have reached the stage of a tentative plan, the Commission shall hold at least 1 public hearing on each tentative plan to be separately submitted, notice of which hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the place and times at which the tentative text and maps of the zoning regulations may be examined.
9 Del. C. 1953, §  4908;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4909. Commission's powers in conduct of public hearing.

§ 4909. Commission's powers in conduct of public hearing.
For the purpose of any public hearing under this subchapter, the Commission shall have the power to summon witnesses, administer oaths, and compel the giving of testimony.
9 Del. C. 1953, §  4909;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4910. Adoption by county government of zoning plan and regulations; public hearing and notice; consultative hearings; resubmission to Commission.

§ 4910. Adoption by county government of zoning plan and regulations; public hearing and notice; consultative hearings; resubmission to Commission.
(a) After receiving the certification of a zoning plan from the Zoning Commission and before the adoption of any zoning regulations, the county government shall hold a public hearing thereon, the time and place of which at least 30 days notice shall be given by 1 publication in a newspaper of general circulation in the County. Such notice shall state the place at which the text and maps as certified by the Zoning Commission may be examined.
(b) The county government may conduct consultative hearings 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 Zoning Commission, shall be made unless such change or departure shall first be submitted to the Zoning Commission for its approval or disapproval or suggestions. The Zoning 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, §  4910;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, Sp. Sess., c. 201,, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4911. Changes in zoning district; plan or regulations; procedure.

§ 4911. Changes in zoning district; plan or regulations; procedure.
(a) The county government may, from time to time, make amendments, supplements, changes or modifications (herein called “changes”) 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 Zoning Commission.
(b) With respect to any proposed changes, the Zoning Commission shall hold at least 1 public hearing, notice of which hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined.
(c) Unless the Zoning Commission shall have transmitted its report upon the proposed changes within 45 days after acceptance of a completed application including all supporting documentation, by the Commission, the county government shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Zoning Commission. In any event, the county government shall not be bound by the report of the Zoning Commission. Before finally adopting any such changes, the county government shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given at least 1 publication in a newspaper of general circulation in the County.
9 Del. C. 1953, §  4911;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, Sp. Sess., c. 201,, §  3;  67 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4912. Zoning coordination and integration.

§ 4912. Zoning coordination and integration.
The Zoning Commission may cooperate with other planning and zoning commissions within Kent County, and within other counties and states, and with the planning, zoning, 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 of municipalities. The Zoning 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, §  4912;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4913. Board of Adjustment.

§ 4913. Board of Adjustment.
The county government shall, by ordinance, establish a Board of Adjustment and determine the membership, terms, qualifications and compensation of said Board.
9 Del. C. 1953, §  4913;  56 Del. Laws, c. 103, §  16;  56 Del. Laws, c. 241, §  14;  66 Del. Laws, c. 321, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4914. Board of Adjustment — Office and personnel.

§ 4914. 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, §  4914;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4915. Board of Adjustment — Rules governing organization, procedure and jurisdiction.

§ 4915. 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, §  4915;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4916. Appeals to the Board of Adjustment — Procedure.

§ 4916. Appeals to the Board of Adjustment — 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 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 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.
9 Del. C. 1953, §  4916;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4917. Appeals to the Board of Adjustment — Powers.

§ 4917. Appeals to the Board of Adjustment — Powers.
Upon appeals the Board of Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning regulations;
(2) To hear and decide, in accordance with the provisions of any zoning regulations, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which the Board is authorized by any zoning regulation to pass;
(3) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation adopted under this subchapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and zoning regulations.
9 Del. C. 1953, §  4917;  56 Del. Laws, c. 103, §  16;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4918. Court review of decision of Board of Adjustment; proceedings.

§ 4918. Court review of decision of Board of Adjustment; proceedings.
(a) Any persons jointly or severally aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department, board or bureau of the County may present to the Superior Court in and for Kent County, a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the Court within 30 days after the filing of the decision in the office of the Board.
(b) Upon the presentation of the petition, the Court may allow a writ of certiorari, directed to the Board of Adjustment, to review the decision of the Board of Adjustment, and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner's attorney, which shall not be less than 10 days and may be extended by the Court.
(c) The allowance of the writ shall not stay proceeding upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the Court with the referee's findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.
(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(g) Costs shall not be allowed against the Board, unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
9 Del. C. 1953, §  4918;  56 Del. Laws, c. 103, §  16;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4919. Enforcement; remedies.

§ 4919. Enforcement; remedies.
(a) The enforcement of any code or regulation adopted by the county government under the authority of this subchapter shall be as prescribed by the county government by ordinance.
(b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this subchapter or of any regulation or provision of any regulation or change thereof, enacted or adopted by the county government, the attorney thereof, or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
9 Del. C. 1953, §  4919;  56 Del. Laws, c. 103, §  16;  65 Del. Laws, c. 304, §  2;  66 Del. Laws, c. 207, §  1;