reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 22 - Municipalities › Chapter 3. MUNICIPAL ZONING REGULATIONS › Subchapter II. Boards of Adjustment › § 327. Determinations of board.

§ 327. Determinations of board.
(a) The board of adjustment may:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto;
(2) Hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under such ordinance;
(3) Authorize, in specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinances, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map; provided, however, that notwithstanding any provision of law to the contrary, the legislative body of any city or incorporated town may, by ordinance, vest a designated town official or department with authority to administratively grant a dimensional variance for existing conditions that do not exceed 1 foot of the required dimension restrictions without the application being considered by the board of adjustment, subject to the standards, procedures and conditions set forth in the ordinance granting such authority.
(b) In exercising the powers provided in subsection (a) of this section the board may, in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
39 Del. Laws, c. 22, §  8;  Code 1935, §  6234;  22 Del. C. 1953, §  327;  65 Del. Laws, c. 61, §  1;  76 Del. Laws, c. 371, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 3. MUNICIPAL ZONING REGULATIONS › Subchapter II. Boards of Adjustment › § 328. Appeal to Superior Court from board's decision.

§ 328. Appeal to Superior Court from board's decision.
(a) Any person or 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 municipality may present to the Superior Court a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such 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 to review such decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than 10 days and may be extended by the Court. 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.
(c) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
39 Del. Laws, c. 22, §  8;  Code 1935, §  6234;  22 Del. C. 1953, §  328;
2023 Delaware Code › Title 22 - Municipalities › Chapter 3. MUNICIPAL ZONING REGULATIONS › Subchapter II. Boards of Adjustment › § 329. Priority of proceedings.

§ 329. Priority of proceedings.
All issues in any proceeding under this subchapter shall have preference over all other civil actions and proceedings.
39 Del. Laws, c. 22, §  8;  Code 1935, §  6234;  22 Del. C. 1953, §  329;
2023 Delaware Code › Title 22 - Municipalities › Chapter 3. MUNICIPAL ZONING REGULATIONS › Subchapter II. Boards of Adjustment › § 330. Hearing on appeal.

§ 330. Hearing on appeal.
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 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.
39 Del. Laws, c. 22, §  8;  Code 1935, §  6234;  22 Del. C. 1953, §  330;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 3. MUNICIPAL ZONING REGULATIONS › Subchapter II. Boards of Adjustment › § 331. Record on appeal.

§ 331. Record on appeal.
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 a transcript of the hearing appealed from is the responsibility of the person appealing the decision, unless the cost is awarded against the board as provided in § 332 of this title.
39 Del. Laws, c. 22, §  8;  Code 1935, §  6234;  22 Del. C. 1953, §  331;  73 Del. Laws, c. 38, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 3. MUNICIPAL ZONING REGULATIONS › Subchapter II. Boards of Adjustment › § 332. Costs on appeal.

§ 332. Costs on appeal.
Costs shall not be allowed against the board of adjustment, unless it appears to the Court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from. For purposes of this section, the word “costs” includes all fees paid or owed to the Prothonotary's Office in connection with the appeal to the Superior Court and all documented out-of-pocket expenses incurred by the board of adjustment in preparing, filing and serving sufficient copies of the record of the proceedings appealed from, including but not limited to expenses for photocopying, copying and/or duplication of survey drawings or plots, audio tape recordings, video tape recordings, computer discs, and expenses for preparing the transcript of the hearing.
39 Del. Laws, c. 22, §  8;  Code 1935, §  6234;  22 Del. C. 1953, §  332;  73 Del. Laws, c. 38, §  2;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 501. Findings and declaration of policy.

§ 501. Findings and declaration of policy.
It is determined and declared as a matter of legislative finding that:
(1) Residential decentralization in incorporated cities has been accompanied by an ever increasing trend in the number of persons entering the business sections by private automobile as compared with other modes of transportation;
(2) The free circulation of traffic of all kinds through the streets of cities is necessary to the health, safety and general welfare of the public whether residing in the city or traveling to, through or from the city in the course of lawful pursuits;
(3) The greatly increased use by the public of motor vehicles of all kinds has caused serious traffic congestion on the streets of cities;
(4) The parking of motor vehicles on the streets has contributed to this congestion to such an extent as to interfere seriously with the primary use of such streets for the movement of traffic;
(5) Such parking prevents the free circulation of traffic in, through and from the city, impedes rapid and effective fighting of fires and the disposition of police forces in the district and endangers the health, safety and welfare of the general public;
(6) Such parking threatens irreparable loss in valuations of property in the city which can no longer be readily reached by vehicular traffic;
(7) This parking crisis, which threatens the welfare of the community, can be reduced by providing sufficient off-street parking facilities properly located in the several residential, commercial and industrial areas of the city;
(8) The establishment of a parking authority will promote the public safety, convenience and welfare;
(9) The utilization of street level space for parking garages within a city's central business district reduces the available space for retail and other commercial uses, thereby interfering with the growth and development of the central business district;
(10) It is intended that the parking authority cooperate with all existing and future public and private parking facilities so that private enterprise and government may mutually provide adequate parking services for the convenience of the public;
therefore it is declared to be the policy of this State to promote the safety and welfare of the inhabitants thereof by the creation in incorporated cities of bodies corporate and politic to be known as “parking authorities” which shall exist and operate for the purposes contained in this chapter. Such purposes are declared to be public uses for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain.
48 Del. Laws, c. 369, §  2;  22 Del. C. 1953, §  501;  73 Del. Laws, c. 377, §  1;  80 Del. Laws, c. 324, § 1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 502. Definitions.

§ 502. Definitions.
As used in this chapter, unless the context requires a different meaning:
(1) “Authority” means a body politic and corporate created pursuant to this chapter.
(2) “Board” means the governing body of the authority.
(3) “Bonds” means and includes the notes, bonds and other evidence of indebtedness or obligations which the authority is authorized to issue pursuant to § 504 of this title.
(4) “Business owner” means any individual, general partner or owner of 50% or more of the voting stock of a corporation which has a business location within the city and which has a business license under the city business license ordinance or has a state business license in cities without licensing ordinance which lists the location of said business within the city.
(5) “City” means incorporated city or town.
(6) “Construction” means and includes acquisition and construction, and “to construct” means and includes to acquire and to construct, all in such manner as may be deemed desirable.
(7) “Facility” or “facilities” means lot or lots, buildings and structures above, at or below the surface of the earth, including equipment, entrances, exits, fencing and all other accessories necessary or desirable for the safety and convenience of the parking of vehicles.
(8) “Federal agency” means and includes the United States of America, the President of the United States of America and any department or corporation agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.
(9) “Improvement” means and includes extension, enlargement and improvement, and “to improve” means and includes to extend, to enlarge and to improve, all in such manner as may be deemed desirable.
(10) “Municipality” means any county, incorporated city or incorporated town of this State.
(11) “Persons” means and includes natural persons.
(12) “Project” means any structure, facility or undertaking which the authority is authorized to acquire, construct, improve, maintain or operate under this chapter.
48 Del. Laws, c. 369, §  3;  22 Del. C. 1953, §  502;  68 Del. Laws, c. 273, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 509. Moneys; examination of accounts.

§ 509. Moneys; examination of accounts.
All moneys of any authority, from whatever source derived, shall be paid to the treasurer of the authority. The moneys shall be deposited in the first instance by the treasurer in 1 or more banks or trust companies in 1 or more special accounts. The moneys in the accounts shall be paid out on the warrant or other order of the chairperson of the authority or of such other person or persons as the authority may authorize to execute such warrants or orders. Every authority shall have at least an annual examination of its books, accounts and records by a certified public accountant. A copy of such audit shall be delivered to the city creating the authority. A concise financial statement shall be published annually at least once in a newspaper of general circulation in the city where the principal office of the authority is located. If such publication is not made by the authority, the city shall publish such statement at the expense of the authority. If the authority fails to make such an audit, then the auditor or accountant designated by the city may, from time to time, examine, at the expense of the authority, the accounts and books of the authority, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters relating to its finances, operation and affairs.
The Attorney General of the State may examine the books, accounts and records of any authority.
48 Del. Laws, c. 369, §  10;  22 Del. C. 1953, §  509;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 510. Contracts; competitive bidding.

§ 510. Contracts; competitive bidding.
(a) The procurement of material and the award of contracts for construction, repairs or work of any nature made by any authority shall be subject to Chapter 69 of Title 29.
(b) No member of the Board of the Wilmington Parking Authority shall be entitled to vote on any matter before the Board if such member has a direct or indirect financial interest in the outcome of such matter under review. In the event such a financial interest exists, said member shall disclose to the Board the nature of the interest and said member shall refrain from any discussion, deliberation, action and/or vote by the Board on this matter. In situations in which a member or members do not vote by reason of such financial interest, the matter pending before the Board will be decided on the basis of a majority vote of the remaining members present who do not have a financial interest in the matter. A member or members having a financial interest as set forth herein shall be counted for purposes of establishing a quorum, provided such member or members are present at the meeting. The disqualification of a member from voting on a matter before the Board by reason of a financial interest therein shall not affect the validity of any action taken by the Board relative to the matter before it.
(c) Subsection (a) of this section shall not apply to the construction of parking facilities intended to serve and be an integral part of a redevelopment project in any municipality where the municipality or its redevelopment agency has designated or selected a developer who is responsible for the overall development of the project including parking facilities. In such case, the authority may negotiate with the developer for the construction and design of public parking facilities on such terms and conditions as the authority may deem justified and in the public interest.
48 Del. Laws, c. 369, §  11;  22 Del. C. 1953, §  510;  57 Del. Laws, c. 625, §  5;  58 Del. Laws, c. 219;  68 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 511. Rules and regulations.

§ 511. Rules and regulations.
The use of the facilities of the authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the authority. The authority shall not do anything which will impair the security of the holders of the obligations of the authority or violate any agreements with them or for their benefits.
48 Del. Laws, c. 369, §  12;  22 Del. C. 1953, §  511;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 512. Continuation of powers.

§ 512. Continuation of powers.
The State hereby pledges to and agrees with any person, firm or corporation or federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction, extension, improvement or enlargement of any project or part thereof that the State will not limit or alter the rights vested in the authority until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The State further pledges to and agrees with the United States and any other federal agency that, if any federal agency constructs or contributes any funds for the construction, extension, improvement or enlargement of any project or any portion thereof, the State will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the continued maintenance and operation of the project or the improvement thereof or which would be inconsistent with the due performance of any agreements between the authority and any such federal agency, and the authority shall continue to have and may exercise all powers granted in this chapter, so long as the same shall be necessary or desirable, for the carrying out of the purposes of this chapter and the purposes of the United States in the construction or improvement or enlargement of the project or such portion thereof.
48 Del. Laws, c. 369, §  13;  22 Del. C. 1953, §  512;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 513. Termination of authority.

§ 513. Termination of authority.
When any authority shall have finally paid and discharged all bonds, which, together with the interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may, subject to any agreements concerning the operation or disposition of such projects, convey such project to the city creating the authority. When any authority shall have finally paid and discharged all bonds issued and outstanding and the interest due thereon and settled all other claims which may be outstanding against it, it may convey all its property to the city and terminate its existence. A certificate requesting termination of the existence of the authority shall be filed in the office of the Secretary of State. If the certificate is approved by the city creating the authority by its ordinance or ordinances, the Secretary shall note the termination of existence on the record of incorporation and return the certificate with the Secretary's approval shown thereon to the board, which shall cause the same to be recorded in the office of the recorder of deeds of the county. Thereupon, the property of the authority shall pass to the city and the authority shall cease to exist.
48 Del. Laws, c. 369, §  14;  22 Del. C. 1953, §  513;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 514. Exemption from taxation; payments in lieu of taxes.

§ 514. Exemption from taxation; payments in lieu of taxes.
The effectuation of the authorized purposes of the authorities created under this chapter shall and will be in all respects for the benefit of the residents of incorporated cities for the increase of their commerce and prosperity, since such authorities will be performing essential governmental functions, and for the improvement of their health, safety and living conditions, and, in effectuating such purposes, such authorities shall not be required to pay any taxes or assessments upon any property acquired or used by them for such purposes. In lieu of such taxes or special assessments an authority may agree to make payments to the city or the county or any political subdivision. The bonds issued by any authority, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from taxation within this State.
48 Del. Laws, c. 369, §  15;  22 Del. C. 1953, §  514;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 515. Transfer of existing facilities to authority.

§ 515. Transfer of existing facilities to authority.
(a) Any municipality or owner may sell, lease, lend, grant or convey to any authority any project or any part or parts thereof or any interest in real or personal property which may be used by the authority in the construction, improvement, maintenance or operation of any project. Any municipality may transfer, assign and set over to any authority any contracts which may have been awarded by the municipality for the construction of projects not begun or, if begun, not completed. The territory being served by any project or the territory within which such project is authorized to render service at the time of the acquisition of such project by an authority shall constitute the area in which such authority shall be authorized to render service.
(b) The authority shall first report to and advise the city by which it was created of the agreement to acquire, including all its terms and conditions.
The proposed action of the authority and the proposed agreement to acquire shall be approved by the city council. Such approval shall be by 2/3 vote of all the members of the council.
(c) This section, without reference to any other law, shall be deemed complete for the acquisition by agreement of projects as defined in this chapter located wholly within or partially without the city causing such authority to be incorporated, any provisions of other laws to the contrary notwithstanding, and no proceedings or other action shall be required except as prescribed in this section.
48 Del. Laws, c. 369, §  16;  22 Del. C. 1953, §  515;
2023 Delaware Code › Title 22 - Municipalities › Chapter 5. PARKING AUTHORITIES › § 516. Indemnification.

§ 516. Indemnification.
(a) The Wilmington Parking Authority shall indemnify any member who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that the person is or was a member of the Authority, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by such member in connection with such action, suit or proceeding, if said member acted in good faith and in a manner reasonably believe to be in or not opposed to the best interests of the Authority, and with respect to any criminal proceeding or action, the member had no reasonable cause to believe that the action was unlawful.
(b) Any indemnification under this section shall be made only as authorized in the specific case upon a determination that indemnification of the member is proper under the circumstances because the member has met the applicable standard of conduct as set forth in subsection (a) of this section. Such a determination will be made by the Attorney General or the Attorney General's designee within 15 days of the date of receipt of a request for such a determination. Such request shall be filed by the member affected and shall set forth in detail the circumstances supporting the claim for indemnification. In the event the Attorney General fails to make the determination within the time frame specified, the requested indemnification shall be deemed as granted.
(c) Expenses (including attorneys' fees) incurred by a member in defending any civil, criminal, administrative or investigative action, suit or proceeding may be paid by the Authority in advance of the final disposition of such action, suit or proceeding, upon receipt of an undertaking by or on behalf of such member to repay such amount if it shall ultimately be determined that such member is not entitled to be indemnified by the Authority as authorized by this section.
(d) No payment shall be made pursuant to the provisions of this section unless the member seeking such payment shall agree that the State be subrogated, to the extent of any payment, to all rights of recovery of such member, shall agree to execute all papers required and shall do everything that may be necessary to secure such rights including the execution of such documents necessary to enable the State effectively to bring suit in the name of the State.
68 Del. Laws, c. 401, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 701. Establishment; membership.

§ 701. Establishment; membership.
Any incorporated city or town may at any time establish a planning commission under this chapter. A planning commission established hereunder shall consist of not less than 5 nor more than 9 members. Such members shall in cities be appointed by the mayor, subject to confirmation by the city council, and in towns where there is not a mayor shall be elected by the town commissioners. When a planning commission is first established the members thereof shall be appointed or elected for terms of such length and shall be so arranged that the term of at least 1 member shall expire each year and their successor shall be appointed or elected for terms of 2 to 5 years each. Any member of the planning commission so established in a city may be removed for cause after a public hearing by the mayor with the approval of city council; members of the planning commission elected by town commissioners shall be removed by them for cause after a public hearing by a majority vote. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term in a city in the same manner as an original appointment and in a town by the town commissioners. Such a planning commission shall elect annually a chairperson and a secretary from among its own number and may employ experts, clerical and other assistants. It may appoint a custodian of its plan and records who may be the city engineer or town clerk.
22 Del. C. 1953, §  701;  49 Del. Laws, c. 415, §  1;  59 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 703. General studies and reports.

§ 703. General studies and reports.
The planning commission shall have full power and authority to make such investigations, maps and reports of the resources, possibilities and needs of the city or town as it deems desirable, providing the total expenditures of said commission shall not exceed the appropriation for its expenses. Upon completion of any such reports the planning commission shall submit the same to the city council or town commissioners with its recommendations. It shall report annually to the city council or town commissioners on the activities of the planning commission during the preceding year.
22 Del. C. 1953, §  703;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 704. Adoption of official map.

§ 704. Adoption of official map.
Each incorporated city or town established under this title may, by action of its city council or town commissioners, adopt an official map prepared under the direction of such planning commission and showing the public ways and parks therein as theretofore laid out and established by law and the private ways then existing and used in common by more than 2 owners. Such official map is hereby declared to be established to conserve and promote the public health, safety and general welfare. Upon the adoption of such a map and upon any change therein or addition thereto made, as hereinafter provided, the city or town clerk shall forthwith file with the recorder of deeds in the respective counties a certificate of such action and a copy of such map as adopted or as changed or added to.
22 Del. C. 1953, §  704;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 705. Change of or addition to official map.

§ 705. Change of or addition to official map.
An incorporated city or town so adopting an official map by action of its city council or town commissioners may, whenever and as often as it may deem it for the public interest, change or add to such map, so as to place thereon lines and notations showing existing or proposed locations not theretofore mapped of new or widened public ways and new or enlarged parks and proposed discontinuances in whole or in part of existing or mapped public ways and parks. No such change or addition shall become effective until after a public hearing in relation thereto before the city council or town commissioners, at which parties in interest shall have an opportunity to be heard. At least 10 days' notice of such a public hearing shall be given by advertisement in a newspaper of general circulation in the city or town or in the county in which the city or town is located. No such change or addition which has not been previously recommended by the planning commission established by this chapter shall be adopted until after a report thereon by said commission and no variance from a plan prepared or approved by said planning commission shall be made except by a 2/3 vote of all the members of a city council or by a 2/3 vote of the town commissioners; provided, that the last mentioned requirement shall be deemed to be waived in case the matter has been referred to said commission for a report and it has failed to report within 30 days thereafter.
22 Del. C. 1953, §  705;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 706. Establishing or changing public ways and parks.

§ 706. Establishing or changing public ways and parks.
This chapter shall not abridge the powers of the city council or the town commissioners of any town or any other municipal officer in regard to public ways or parks in any manner except as provided herein, nor shall they authorize the taking of land or the laying out or construction of a way or a park or the alteration, relocation or discontinuance thereof, except in accordance with the laws governing the same; provided, that after an incorporated city and/or town has adopted an official map under this chapter no public way shall be laid out, altered, relocated or discontinued if such laying out, alteration, relocation or discontinuance is not in accordance with such official map as it then appears, unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning commission of such city or town established under this chapter and such planning commission has reported thereon or has allowed 45 days to elapse after such reference without submitting its report. After a city or town has adopted an official map under this chapter, no person shall open a way for public use, except as provided under the sections of this chapter, unless the location of such way is in accordance with the official map as it then appears or has been approved by the planning commission established under this chapter, and, in either case, the grading, surfacing and draining of such way have been approved by such commission or by the city or town engineer.
22 Del. C. 1953, §  706;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 707. Public way or park to be shown on official map.

§ 707. Public way or park to be shown on official map.
Upon final action by the proper authorities in laying out, altering or relocating a proper way or in discontinuing the whole or any part thereof or in establishing or enlarging a public park or closing thereof in whole or in part, the lines and notations showing such improvement, discontinuance or closing, as so established or effected, shall, without further action by the city council or town commissioners, be made a part of the official map, if any, of the incorporated city or town in which such public way or park is located.
22 Del. C. 1953, §  707;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 708. Reference of certain matters to planning commission.

§ 708. Reference of certain matters to planning commission.
In a city or town having a planning commission established under this chapter, but which has not adopted an official map, no public way shall be laid out, altered, relocated or discontinued unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning commission of such city or town and such commission has reported thereon or has allowed 45 days to elapse after such reference without submitting its report. Any city or town having a planning commission established under this chapter may, by ordinance, bylaw or vote, provide for the reference of any other matter or class of matters to the planning commission before final action thereon with or without provision that final action shall not be taken until the planning commission has submitted its report or has had a reasonable fixed time to submit such report. Such planning commission shall have full power to make such investigations, maps and reports and recommendations in connection therewith, relating to any of the subjects referred to under this section, as it deems desirable.
22 Del. C. 1953, §  708;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 709. Entry upon lands; making examinations and surveys.

§ 709. Entry upon lands; making examinations and surveys.
Planning commissions established under this chapter, their officers and agents may, so far as they deem it necessary in carrying out this chapter, enter upon any lands and there make examinations and surveys and place and maintain monuments and marks.
22 Del. C. 1953, §  709;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 710. Enforcement.

§ 710. Enforcement.
The Court of Chancery shall have jurisdiction on petition of the planning commission established hereunder to enforce this chapter and any ordinance or bylaws made thereunder and may restrain by injunction violations thereof.
22 Del. C. 1953, §  710;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 7. PLANNING COMMISSION › § 711. Limitations on powers and liabilities.

§ 711. Limitations on powers and liabilities.
This chapter shall not be construed to authorize the taking of land nor the authorization of a city or town to lay out or construct any way which may be indicated on any plan or plot until such way has been laid out as a public way in the manner prescribed by law, nor shall this chapter be construed to render a city or town liable for damages except as may be sustained under § 705 of this title by reason of changes in the official map.
22 Del. C. 1953, §  711;  49 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter I. General Provisions › § 801. Definitions.

§ 801. Definitions.
As used in this chapter:
(1) “Charter amendment” means language which will amend, adopt or repeal a municipal charter.
(2) “Chief executive officer” means the mayor if such there be or, if there be none, then it means the president of the legislative body of a municipal corporation or, if there be none, then it means the presiding officer of the legislative body of a municipal corporation.
(3) “Municipal corporation” includes all cities, towns and villages created before or after December 28, 1961, under any general or special law of this State for general governmental purposes which possess legislative, administrative and police powers for the general exercise of municipal functions and which carry on such functions through a set of elected and other officials.
(4) “Qualified voter” means those persons who, under the terms of a municipal charter, shall be authorized to vote in elections within that municipal corporation.
22 Del. C. 1953, §  801;  53 Del. Laws, c. 260.;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter I. General Provisions › § 802. Applicability of chapter; grant of power.

§ 802. Applicability of chapter; grant of power.
Every municipal corporation in this State containing a population of at least 1,000 persons as shown by the last official federal decennial census may proceed as set forth in this chapter to amend its municipal charter and may, subject to the conditions and limitations imposed by this chapter, amend its charter so as to have and assume all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration and which are not denied by statute. This grant of power does not include the power to enact private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power, nor does it include power to define and provide for the punishment of a felony.
22 Del. C. 1953, §  802;  53 Del. Laws, c. 260.;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter II. Method of Exercising Power › § 811. Amendment of charter.

§ 811. Amendment of charter.
The amendment of a charter shall be proposed either by a resolution of the legislative body of a municipal corporation, 3/4 of all members elected thereto concurring or by a charter commission of 7 members elected by the qualified voters of the municipal corporation from their membership at large pursuant to petition for such an election bearing the signatures of at least 10% of the qualified voters of the municipal corporation and filed with the clerk or other chief recording officer of the legislative body of the municipal corporation. The charter commission candidates who receive the most votes shall constitute the commission. On the death, resignation or inability of any member of a charter commission to serve, the remaining members shall elect a successor. The commission shall have authority to propose the amendment of the charter as specified in the petition, to hold public hearings thereon and to arrange for putting the proposed amendment on the ballot or voting machine to be used at the next referendum election.
The legislative body of the municipal corporation in which the amendment of a charter is proposed by a charter commission may provide by ordinance or resolution for that procedure which it deems necessary to conduct the election of a charter commission and for enabling the charter commission to exercise the functions specified above. The legislative body of the municipal corporation may, if it defaults in the exercise of this authority, be compelled by judicial mandate and at the instance of at least 10 signers of a petition filed under this section to exercise such authority.
In addition to the procedure hereinbefore set forth, a charter may be amended by act of the General Assembly, passed with the concurrence of two thirds of all the members elected to each House thereof.
22 Del. C. 1953, §  811;  53 Del. Laws, c. 260;  60 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter II. Method of Exercising Power › § 812. Publication of proposed charter, charter amendment or repeal proposition and resolution.

§ 812. Publication of proposed charter, charter amendment or repeal proposition and resolution.
At least 30 days before an election thereon, notice shall be given by publication in a newspaper of general circulation within the municipal corporation that copies of a proposed charter, charter amendment or repeal proposition and resolution are on file in the office of the clerk or other chief recording officer of the legislative body of the municipal corporation and that a copy will be furnished by the clerk or other chief recording officer to any qualified voter or taxpayer of the municipal corporation upon request.
22 Del. C. 1953, §  812;  53 Del. Laws, c. 260;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter II. Method of Exercising Power › § 813. Referendum.

§ 813. Referendum.
(a) Conduct of election; ballots; expenses. — On the day and during the hours specified for any referendum, the proposed charter amendment or amendments shall be submitted to the qualified voters of the municipal corporation. The official or officials thereof whose duty it is to arrange for and conduct the regular municipal elections shall perform the same duties so far as relevant to the referendum election on the proposed charter amendment or amendments. The referendum election shall be conducted generally according to the procedures and practices observed for regular municipal elections, except as specifically or necessarily modified by this subchapter. The wording specified in the proposal for a charter amendment or amendments shall be placed on the ballots or voting machines used at the referendum election. The expenses of the referendum election and all necessary or proper expenses of a charter commission shall be defrayed by the municipal corporation.
(b) Officials to tally and certify results. — The official or officials charged with the duty to arrange for and conduct the referendum, promptly following the closing of the polls, shall tally the results thereof and shall forthwith certify the results of the referendum to the chief executive officer of the municipal corporation.
(c) Proclamation of result; effective date of amendment. — The chief executive of the municipal corporation shall proclaim the result of the referendum within 10 days after receiving certification from the official or officials who tally the vote. If a majority of those who vote on any question submitted to the voters of the municipal corporation shall cast their votes in favor of the proposed charter amendment or amendments, it shall be adopted; provided, however, that no charter amendment so adopted will be effective until the chief executive officer files copies thereof with the Governor, President Pro Tem of the Senate, Speaker of the House, Secretary of State and the Director of the Legislative Reference Bureau, and until the General Assembly shall have been in session 30 calendar days after such filing. During said 30-day period, failure of the General Assembly by statute to negate such charter amendment by a two-thirds majority of all members elected to each House thereof shall be deemed to be an assent by the General Assembly thereto and the charter amendment shall be as effective as if enacted into law by a statute of this State. Neither shall a charter amendment be effective until final adjudication of an action brought for judicial review of charter referendum pursuant to § 820 of this title.
22 Del. C. 1953, §  813;  53 Del. Laws, c. 260.;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter II. Method of Exercising Power › § 814. Each proposed amendment may be submitted for separate vote.

§ 814. Each proposed amendment may be submitted for separate vote.
Alternative restatements of amendments may be submitted and the one receiving the larger vote shall prevail if the amendment otherwise qualifies for adoption.
22 Del. C. 1953, §  814;  53 Del. Laws, c. 260.;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter II. Method of Exercising Power › § 815. Codification of amendments.

§ 815. Codification of amendments.
The exact text of any amendment or amendments to the charter of any municipal corporation, adopted as in this chapter specified, shall thereafter be included in any subsequent edition or codification of the charter of the municipal corporation, until altered, modified or repealed by a subsequent amendment or amendments to the charter.
22 Del. C. 1953, §  815;  53 Del. Laws, c. 260.;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter III. Judicial Review › § 820. Judicial review of election.

§ 820. Judicial review of election.
(a) Not later than 20 days after the result of a referendum has been proclaimed by the chief executive officer of a municipal corporation, any person resident therein may seek judicial review of the election by filing a verified complaint in the Superior Court of the county in which at least part of the municipal corporation is located. The complaint shall allege that the referendum was conducted unlawfully and shall set forth with particularity the unlawful acts which are the basis of the complaint.
(b) Notice of the pendency of an action for judicial review of an election shall be given to the chief executive officer of the municipal corporation, the Governor, President Pro Tem of the Senate, Speaker of the House, Secretary of State and Director of the Legislative Reference Bureau by sending to each a copy of the verified complaint by registered or certified mail on the same date that the action is filed in the Superior Court. Notice mailed to the chief executive officer of the municipal corporation shall not, however, supplant or be a substitute for service of process.
(c) When the verified complaint is filed, the case shall proceed, insofar as possible, as other civil cases in the Superior Court. However, the Superior Court may adopt special rules to govern review under this section. Cases brought under this section shall be accorded the same precedence as civil actions arising under § 3323(a) of Title 19.
(d) The Court's jurisdiction shall be confined solely to the lawfulness of the election. No person shall have standing in law or equity to attack the legality of substantive provisions of a municipal charter amended by referendum until the General Assembly has failed to negate the charter amendment in accordance with § 813(c) of this title nor while an action for review of the referendum is pending.
(e) If, after hearing the evidence, the Court concludes that the referendum was conducted lawfully, the result of the election as proclaimed by the chief executive officer of the municipal corporation shall be affirmed. Otherwise, the election shall be declared a nullity, unless the Court is persuaded the irregularity did not materially affect the result of the election. Court costs shall be imposed or apportioned among the litigants as the Court deems just.
(f) The Court's order under subsection (e) of this section shall not be appealable to the Supreme Court.
22 Del. C. 1953, §  820;  53 Del. Laws, c. 260;  55 Del. Laws, c. 135.;
2023 Delaware Code › Title 22 - Municipalities › Chapter 8. HOME RULE › Subchapter IV. Provision for Transition in Event of Charter Repeal › § 825. Termination of home rule charter status.

§ 825. Termination of home rule charter status.
A municipal legislative body or charter commission which proposes the termination of home rule charter status by repeal of a home rule charter shall incorporate in the proposition to be submitted to the qualified voters a specification of the form of government under which the municipal corporation would thereafter operate in the event of repeal, whether it be a form prescribed by general law for municipalities of its population class or 1 of such optional forms as may have been authorized by general law for municipalities of its population class. A municipal legislative body or charter commission proposing charter repeal shall also, by resolution of that body, determine when the transition to the new form of government would take place in the event of repeal and make such other provision, as may be appropriate, to effect an orderly transition from home rule charter to nonhome rule charter status.
22 Del. C. 1953, §  825;  53 Del. Laws, c. 260.;