2012 Delaware Code
Title 9 - Counties
CHAPTER 68. PLANNING AND ZONING
§ 6803. Commission members; appointment, terms and qualifications.

(a) The Commission shall consist of 7 members as follows:

(1) Two nonvoting, ex officio members, the County Engineer and a member of the county government; and

(2) Five voting members all of whom shall be appointed by the county government.

(b) The term of the county government member and the County Engineer shall come to an end at the end of the term for which they were elected or chosen respectively. The members of the Commission appointed by the Department of Transportation, Department of Health and Social Services, the Department of Natural Resources and Environmental Control and the Department of Agriculture shall serve at the pleasure of the appointing authority.

(c) The voting members appointed by the county government shall be appointed as follows:

(1) During the month of June of each year in which a term of any members theretofore appointed by the county government expires, the county government shall appoint members to the Commission. The terms of office shall commence on the July 1 following appointment. Each member shall serve until that member's successor is appointed and qualified. Each member shall be appointed for a term of 3 years, except that a member appointed to fill a vacancy occurring for any reason other than expiration of term, shall be appointed for the unexpired term. The appointed members shall be residents of Sussex County and no more than 2 members shall be appointed for the same council district.

(2) Each member shall be a freeholder and a resident of Sussex County. No more than 1 member shall live inside any incorporated city or town not included in county planning. No more than 3 members shall be of the same political party. Originally, 2 members shall be appointed for 3 years, 2 members for 2 years, and the remaining member for 1 year.

(3) Appointees shall be persons having the knowledge and experience to pass upon planning and zoning problems in connection with urban and rural development, and who at the time of appointment are not candidates for or incumbents of an elective public office.

(d) When any vacancy occurs in the Commission, either by death, resignation, expiration of term of office, removal, or otherwise, of any person so appointed, the vacancy shall be filled for the unexpired term by the body or person which appointed the member to the office in which such vacancy occurred.

(e) The members of the Commission shall serve without compensation, but shall be paid their necessary expenses incurred in the performance of their duties.

9 Del. C. 1953, § 6803; 56 Del. Laws, c. 95; 57 Del. Laws, c. 762, § 11B; 59 Del. Laws, c. 212, § 1; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 44, §§ 1-5; 70 Del. Laws, c. 149, § 5; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 186, § 20; 77 Del. Laws, c. 441, § 1.;