reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6917. Appeals to the Board of Adjustment — Powers upon appeals.

§ 6917. Appeals to the Board of Adjustment — Powers upon appeals.
Upon appeals, the Board of Adjustment shall have the power to:
(1) 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) Hear and decide, in accordance with the provisions of any zoning regulation, 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) Hear and decide requests for variances. The Board may grant a variance in the application of the provisions of the zoning ordinance or code only if all of the following findings are made:
a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship or exceptional practical difficulty is due to such conditions, and not to circumstances or conditions generally created by the provisions of the zoning ordinance or code in the neighborhood or district in which the property is located;
b. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance or code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
c. That such unnecessary hardship or exceptional practical difficulty has not been created by the appellant;
d. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
e. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the zoning ordinance or code. The Board is empowered in no case, however, to grant a variance in the use of land or structures thereon.
9 Del. C. 1953, §  6917;  56 Del. Laws, c. 97;  69 Del. Laws, c. 82, §§  1, 2;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6918. Superior Court review of decision of Board of Adjustment; procedure.

§ 6918. Superior Court review of decision of Board of Adjustment; procedure.
(a) Any persons jointly or severally aggrieved by a 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 Sussex 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 proceedings 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. The cost of the transcript of the hearing appealed from shall be the responsibility of the person appealing the decision unless said costs are allowed against the Board as provided in subsection (g) of this section.
(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, §  6918;  56 Del. Laws, c. 97;  64 Del. Laws, c. 78, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6919. Violations of regulations; enforcement; remedies and penalties.

§ 6919. Violations of regulations; enforcement; remedies and penalties.
(a) No person shall erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any regulation in, or of any provision of, any zoning regulation, or any change thereof, enacted or adopted by the county government under the authority of this subchapter.
(b) Whoever violates any such regulation, provision or change of this subchapter, shall be fined not more than $100 or imprisoned not more than 10 days, or both.
(c) Each and every day during which such illegal erection, construction, alteration, maintenance or use continues shall be deemed a separate offense.
(d) 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 under the authority granted by this subchapter, the county government, the attorney thereof, or any owner of real estate within the county 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, §  6919;  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 › § 6920. Nonconforming uses of land or structure.

§ 6920. Nonconforming uses of land or structure.
(a) Nonconforming uses of land or structure may, except as provided in subsection (b) of this section, be continued although such use does not conform with the provisions of such regulations or change thereof, provided no structural alteration of such structure is proposed or made for the purpose of such continuance.
(b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County, or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by the County is located.
9 Del. C. 1953, §  6920;  56 Del. Laws, c. 97.;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6921. List of nonconforming structures and uses.

§ 6921. List of nonconforming structures and uses.
Immediately after the adoption of any zoning regulations or changes by the county government, the Commission shall prepare and publish a complete list of all nonconforming structures and uses in the affected area and existing at the time of the adoption of the regulations. Such lists shall contain the names and addresses of the owner or owners of such nonconforming structures and uses and of any occupant, other than the owner, and list the nonconforming structure or use and applicable section of the zoning regulation. Any necessary corrections shall be made under a procedure prescribed by the county government, and copies of such list shall, when approved by the county government, be filed for record in the offices of the Commission and the Board of Adjustment.
9 Del. C. 1953, §  6921;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6922. Appropriations.

§ 6922. Appropriations.
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 Zoning Commission and of the Board of Adjustment, and may enforce the zoning regulations and restrictions which are adopted, and may accept grants of money and service for these and other purposes, in accordance with this chapter, from either private or public sources, state or federal.
9 Del. C. 1953, §  6922;  56 Del. Laws, c. 97;  57 Del. Laws, c. 762, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6923. Conflict between zoning regulations and other laws.

§ 6923. Conflict between zoning regulations and other laws.
Whenever any regulations made under authority of this subchapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute or local regulation, the provisions of the regulations made under authority of this subchapter shall govern. Whenever the provisions of any other statute or local regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this subchapter, the provisions of such statute shall govern.
Whenever the provisions of any other statute shall derogate from the provisions of this subchapter, unless it be a statute granting powers to the State Planning Office, the provisions of this subchapter shall govern.
9 Del. C. 1953, §  6923;  56 Del. Laws, c. 97;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6924. Notice to local school districts of residential zoning changes.

§ 6924. Notice to local school districts of residential zoning changes.
With respect to any proposed residential zoning change, the county government shall notify the local school district for the area at least 7 days prior to the initial hearing upon such residential zoning change.
66 Del. Laws, Sp. Sess., c. 195,, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6925. Changes in zoning.

§ 6925. Changes in zoning.
In the case of a rezoning application the county government shall determine its voting requirement necessary to take action thereon, which shall not be less than a majority of all members elected to county council.
68 Del. Laws, c. 272, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6926. Notice to property owners of zoning changes.

§ 6926. Notice to property owners of zoning changes.
With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government shall notify the owner of the property and all property owners to the extent and in the manner the county by ordinance so provides as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change.
72 Del. Laws, c. 415, shall become effective for zoning changes initiated after July 13, 2000.
72 Del. Laws, c. 415, §§  3, 4;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter I. General Provisions › § 6927. Emergency Communication Systems.

§ 6927. Emergency Communication Systems.
The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed buildings of 25,000 square feet of gross floor area or more, shall be designed, constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title.
76 Del. Laws, c. 181, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6951. Short title; intent and purpose.

§ 6951. Short title; intent and purpose.
(a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize and strengthen the existing role, processes and powers of county governments in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of county government can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6953. Scope of subchapter.

§ 6953. Scope of subchapter.
(a) The County shall have power and responsibility:
(1) To plan for its future development and growth.
(2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide its future development and growth.
(3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a County exercises its authority to provide for the transfer of development rights it shall:
a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;
b. Provide for the transfer of development rights as an option to the use and development of the subject property according to the otherwise applicable zoning ordinance;
c. Limit designation of receiving areas to locations where the County has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth;
d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and Statewide Planning Goals and Objectives established pursuant to Chapter 91 of Title 29; and
e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.
(4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this subchapter.
(b) Each county government shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  44;  72 Del. Laws, c. 122, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6955. Local planning agency.

§ 6955. Local planning agency.
(a) The governing body of each county government shall designate and by ordinance establish a “local planning agency.” The governing body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare the comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such plan or element or portion thereof. The agency may be a local planning commission, the planning department of the county government or other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided the composition of the council is fairly representative of all the governing bodies in the County.
(b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved.
(c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:
(1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing county procedures, or absent such procedures, shall be the responsibility of the local planning agency.
(2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan.
(3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.
66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6957. State responsibilities to local planning agencies.

§ 6957. State responsibilities to local planning agencies.
(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data and information is currently available or readily accessible to the county within budgetary limitations.
(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, state facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the county's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the County to prepare the plan elements required by § 6956 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §§  55, 56;  74 Del. Laws, c. 186, §  14;  78 Del. Laws, c. 92, §  18;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6959. Legal status of comprehensive plan.

§ 6959. Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court in conformity with this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with land development regulations enacted to implement the other elements of the adopted comprehensive plan.
(b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development, development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when full compliance with this subchapter is required.
(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing at the time of such application.
(d) All development permits and development orders heretofore or hereafter validly issued or approved by county government and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or approval.
(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance was determined.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  55;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6960. County comprehensive plan.

§ 6960. County comprehensive plan.
(a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than 5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee. Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter.
(b) Once the county government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so.
(c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues and opportunities.
(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review and certification pursuant to § 9103 of Title 29.
(e) Within 18 months of the date of adoption of the county comprehensive plan or revisions thereof, Sussex County shall amend its official zoning map or maps to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County's zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
66 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 270, §§  55, 60, 61;  73 Del. Laws, c. 186, §  6;  74 Del. Laws, c. 186, §§  13, 17;  78 Del. Laws, c. 92, §§  23, 24;  78 Del. Laws, c. 129, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter II. The Quality of Life Act › § 6962. Highway capacity.

§ 6962. Highway capacity.
The county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request”) without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in paragraphs (2)a. through (2)c. of this section:
(1) a. As soon as possible, but in any event no later than June 30, 1988, the county government, through its designated planning agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of Transportation of the effects on traffic of each rezoning application.
b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with county procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation.
c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the County.
d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought.
(2) a. The County Council, through its designated planning agency, shall establish an agreement with the Department of Transportation to designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2.
b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this section and public comment must be permitted at the public hearing.
c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.
66 Del. Laws, c. 217, §  1;  70 Del. Laws, c. 270, §  55;  80 Del. Laws, c. 224, § 4;
2023 Delaware Code › Title 9 - Counties › Chapter 69. ZONING › Subchapter III. Citizens Bill of Rights Act › § 6999. Court review of land use actions; limitations on liability of individuals and associations.

§ 6999. Court review of land use actions; limitations on liability of individuals and associations.
Any individual or association of individuals that challenges or opposes a zoning, subdivision or other land use application, and seeks judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court.
66 Del. Laws, Sp. Sess., c. 200,, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 70. COUNTY GOVERNMENT AND COUNTY ADMINISTRATORS › § 7001. Powers of the government of Sussex County.

§ 7001. Powers of the government of Sussex County.
(a) General powers. — The government of Sussex County, as established by this chapter, shall assume and have all powers which, under the Constitution of the State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute; including, but not limited to, any powers conferred prior to the effective date of this act by the General Assembly upon Sussex County, or upon the Levy Court of Sussex County, or upon the Levy Court Commissioners of Sussex County, or upon the officers or employees of Sussex County, or upon counties generally, or upon Levy Court Commissioners generally, or upon County Councils generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in Sussex County subject to assessment by the County. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies.
(b) Construction. — The powers of Sussex County under this reorganization law shall be construed liberally in favor of the County, and specific mention of particular powers in the reorganization law shall not be construed as limiting in any way the general powers stated in subsection (a) of this section.
(c) Intergovernmental relations. — The government of Sussex County may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any 1 or more states or civil divisions or counties or agencies thereof, or the United States or any agency thereof.
(d) Exercise of powers. — All powers of the government of Sussex County shall be carried into execution as provided by this title or by other law of this State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the county government of Sussex County.
9 Del. C. 1953, §  7001;  57 Del. Laws, c. 762, §  1;  63 Del. Laws, c. 38, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 70. COUNTY GOVERNMENT AND COUNTY ADMINISTRATORS › § 7005. Department of Law.

§ 7005. Department of Law.
(a) Functions. — There shall be a Department of Law, headed by a County Attorney which shall perform the following functions:
(1) Provide legal advice to the county government, County Administrator, and all county departments, boards, offices and agencies;
(2) Represent the County in all legal proceedings;
(3) Perform any other duties prescribed by the title or by ordinance of the county government.
(b) Appointment. — The County Attorney shall be appointed by the county government. The County Attorney shall serve at the pleasure of the county government.
(c) Assistant County Attorneys. — The county government shall appoint such Assistant County Attorneys as may be necessary from time to time. The Assistant County Attorneys shall serve at the pleasure of the county government.
(d) Compensation. — The annual salary of the County Attorney and each Assistant County Attorney shall be determined by the county government.
(e) Other employees. — The county government may provide for such employees as may be necessary to perform the functions required by this title. Such employees shall serve at the pleasure of the County Attorney.
9 Del. C. 1953, §  7005;  57 Del. Laws, c. 762, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 70. COUNTY GOVERNMENT AND COUNTY ADMINISTRATORS › § 7006. Personnel system.

§ 7006. Personnel system.
(a) Personnel system. — The County Administrator is responsible for administering the personnel system of Sussex County.
All appointments and promotions of county officers and employees under the direction of the County Administrator shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
(b) Personnel Board. — There shall be a Personnel Board consisting of 3 members appointed by the county government for terms of 3 years from among the qualified voters of the County. Members of the Board shall hold no other county office. The County Administrator shall provide necessary staff assistance for the Personnel Board.
(c) Personnel rules. — The County Administrator shall prepare personnel rules and amendments thereto. The County Administrator shall refer such proposed rules to the Personnel Board which shall report to the Administrator its recommendations thereon. When approved by the Administrator, the rules shall be proposed to the county government, and the county government may by ordinance adopt them with or without amendment. These rules shall provide for:
(1) The classification of all county positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position, whenever warranted by changed circumstances;
(2) A pay plan for all county positions;
(3) Methods for determining the merit and fitness of candidates for appointment or promotion;
(4) The policies and procedures regulating reduction in force and removal of employees;
(5) The hours of work, attendance regulations and provisions for sick and vacation leave;
(6) The policies and procedures governing persons holding provisional appointments;
(7) The policies and procedures governing relationships with employee organizations;
(8) Grievance procedures, including procedures for the hearing of grievances by the Personnel Board, which may render advisory opinions based on its findings to the County Administrator with a copy to the aggrieved employee; and
(9) Other practices and procedures necessary to the administration of the county personnel system.
Employment or dismissal of county employees shall be subject to the approval of the county government, in its discretion.
9 Del. C. 1953, §  7006;  57 Del. Laws, c. 762, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 70. COUNTY GOVERNMENT AND COUNTY ADMINISTRATORS › § 7007. County Advisory Retirement Board.

§ 7007. County Advisory Retirement Board.
There shall be an Advisory Retirement Board for the County which shall consist of 5 members. Three of the members shall be appointed by the county government for terms of 4 years and 2 of the members shall be elected by the members of the county employees pension plan for terms of 4 years. The members of the Board shall receive such compensation as fixed by the County Council of Sussex County.
The Advisory Retirement Board shall:
(1) Review each application for benefits under the retirement system and render an opinion thereon to the Director of Finance as to whether the applicant is qualified for the benefits sought in the application;
(2) From time to time, make such recommendations to the county government regarding proposed changes in the retirement system and the administration of provisions of the retirement system as the Board shall deem appropriate.
9 Del. C. 1953, §  7007;  57 Del. Laws, c. 762, §  1;  65 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 70. COUNTY GOVERNMENT AND COUNTY ADMINISTRATORS › § 7008. Pension program for Sussex County employees.

§ 7008. Pension program for Sussex County employees.
(a) The county government shall, by ordinance, establish a funded pension program for all Sussex County employees, upon such terms and conditions as it shall deem necessary and best.
(b) The county government shall take no action hereunder which will deny or reduce benefits to former employees and retired employees who have qualified for benefits under any prior authorized pension program.
63 Del. Laws, c. 42, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7101. Definitions.

§ 7101. Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “Administrative tribunal” means a body appointed by the Sussex County Council for the purpose of hearing violations of any ordinance, rule, or regulation enacted pursuant to this chapter.
(2) “Building” means a structure having a roof, and intended to shelter persons, animals, property, or business activity. The word “building” shall be construed to include parts thereof and all equipment therein.
(3) “Person responsible” means the owner and any other person or persons who have control over the property or are responsible for the violation.
(4) “Property” means a lot, plot, or parcel of land, including any structures thereon.
(5) “Structure” means a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
(6) “Sussex County Council” means the Council for Sussex County.
82 Del. Laws, c. 222, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7102. Promulgation of property maintenance ordinances, rules, and regulations.

§ 7102. Promulgation of property maintenance ordinances, rules, and regulations.
The Sussex County Council, in order to provide for the health, safety, and welfare of the citizens of Sussex County, may promulgate ordinances, rules, and regulations regulating and governing the condition and maintenance of all property, structures, and buildings to eliminate or prevent unsafe, unhealthy, unsanitary, or substandard conditions. Said ordinances, rules, or regulations may provide standards for:
the condition and maintenance of property, structures, and buildings; supplied utilities, facilities, and other physical things and conditions essential to ensure that property, structures, and buildings are safe, sanitary, and fit for occupation and use and do not adversely affect the welfare of the public; condemnation of structures and buildings unfit for human occupancy and use; and the demolition of structures and buildings unfit for human occupancy and use.
82 Del. Laws, c. 222, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7103. Administration and enforcement.

§ 7103. Administration and enforcement.
The Sussex County Council, or its designee, shall have the power and authority to administer and enforce all property maintenance ordinances, rules, and regulations as promulgated by the Sussex County Council except as otherwise provided for by this chapter or by ordinance, rule, or regulation adopted by Sussex County Council.
82 Del. Laws, c. 222, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7104. Removal of weeds, grasses, refuse, rubbish, trash, or other waste material.

§ 7104. Removal of weeds, grasses, refuse, rubbish, trash, or other waste material.
In accordance with § 7102 of this title, the Sussex County Council may promulgate ordinances, rules, and regulations regulating and governing excessive growth of weeds or grass, or the placement or accumulation of refuse, rubbish, trash, or other waste material upon property to prohibit the creation of a nuisance detrimental to adjoining properties or the health or safety of other persons.
82 Del. Laws, c. 222, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7105. Fees.

§ 7105. Fees.
The Sussex County Council may adopt ordinances, rules, and regulations providing for the charge of reasonable fees for the administration and enforcement of the property maintenance ordinances, rules, and regulations, including fees for the inspection and re-inspection of properties for which a notice of violation has been duly issued.
82 Del. Laws, c. 222, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7106. Violation of property maintenance ordinances, rules, and regulations or chapter; notices and orders.

§ 7106. Violation of property maintenance ordinances, rules, and regulations or chapter; notices and orders.
(a) For the purpose of enforcing compliance with the provisions of the property maintenance ordinances, rules, and regulations, and removing illegal, unhealthy, or unsafe conditions, the Sussex County Council, or its designee, may issue such rules, notices, or orders as may be necessary.
(b) Whenever the Sussex County Council, or its designee, is satisfied that a person responsible has committed an offense against the property maintenance ordinances, rules, or regulations, or other provision of the Sussex County Code that constitutes a threat to the public health, safety, or welfare, or of an order of the Sussex County Council, or its designee, the Sussex County Council, or its designee, may serve a written notice or order upon the person responsible, directing discontinuance of each illegal action and the remedying of the condition that is in violation of the ordinances, rules, or regulations, as adopted by the Sussex County Council.
(c) No person, having been served with such a notice or order, shall fail to comply with the requirements thereof within the time stated therein, or within 15 days if no time is provided, unless the Sussex County Council, or its designee, determines that such violation cannot be cured within such time and clearly delineates additional time for compliance.
82 Del. Laws, c. 222, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 71. Sussex County Property Maintenance › § 7107. Abatement; creation of tax lien.

§ 7107. Abatement; creation of tax lien.
(a) If after due notice, either actual or constructive, is given by the Sussex County Council, or its designee, to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative tribunal or a court of competent jurisdiction, such person fails to comply with the notice or order, and the illegal action or condition continues to exist, the Sussex County Council, or its designee, may cause such violation to be removed, corrected, abated, or otherwise made safe and sanitary. The Sussex County Council, or its designee, may incur any expense of razing, demolishing, removing, or repairing unsafe or illegal buildings and structures, and may incur any expense necessary or incidental to abating violations of the property maintenance ordinances, rules, and regulations or other provisions of the Sussex County Code that constitute a threat to the public health, safety, or welfare or to provide for the sanitary condition, safety, or security of the property, structure or building.
(b) All expenses incurred by the Sussex County Council, or its designee, pursuant to this section shall be a tax lien on the parcel of real property that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Sussex County Council, or its designee, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to Sussex County, when collected.
(c) Any unpaid fine or civil penalty associated with violation of the property maintenance ordinances, rules, or regulations, or any other provision of the Sussex County Code that provides for the sanitary condition, safety, or security of a property, structure, or building, such fine or civil penalty being final and nonappealable, may be added to local property tax billings for the property, which was the subject of said notice or order and collected in the same manner as other county real estate taxes, and paid to Sussex County, when collected.
(d) Sussex County may maintain any action at law or in equity for the recovery of expenses incurred by the Sussex County Council, or its designee, for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings pursuant to a writ of monition.
82 Del. Laws, c. 222, § 1;