2016 Delaware Code
Title 9 - Counties
CHAPTER 26. ZONING
Subchapter II The Quality of Life Act
§ 2652. Definitions.

For the purposes of this subchapter:

(1) "Area" or "area of jurisdiction" means the total area qualifying under the provisions of this subchapter, being all unincorporated lands within a county.

(2) "Comprehensive plan" or "comprehensive development plan" shall mean, from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. Wherever in this subchapter land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and county land use regulations enacted to implement the other elements of the adopted comprehensive plan.

(3) "Coordination" as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose.

(4) "County" means New Castle.

(5) "Developer" means any person, including a governmental agency, undertaking any development as defined in this subchapter.

(6) "Development" means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions.

(7) "Development order" means any order granting, denying or granting with conditions an application for a development permit.

(8) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land.

(9) "Governing body" means the chief governing body of County Council, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein.

(10) "Governmental agency" means:

a. The United States or any department, commission, agency or other instrumentality thereof.

b. This State or any department, commission, agency or other instrumentality thereof.

c. Any local government, as defined in this section, or any department, commission, agency or other instrumentality thereof.

d. Any school board or other special district, authority or governmental entity.

(11) "Land" means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land.

(12) "Land development regulation commission" means a commission designated by a County Council to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency.

(13) "Land development regulations" means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any County Council zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land.

(14) "Land use" means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan.

(15) "Local government" means any municipality.

(16) "Local planning agency" means the agency designated to prepare the comprehensive plan required by this subchapter.

(17) A "newspaper of general circulation" means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising.

(18) "Parcel of land" means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(19) "Person" means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity.

(20) "Public facilities" means major capital improvements over which the County has jurisdiction.

(21) "Public notice" or "due public notice" as used in connection with the phrase "public hearing," "hearing to be held after due public notice" or "public meeting" means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area.

66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 2, 3; 71 Del. Laws, c. 401, § 15; 73 Del. Laws, c. 329, § 48.;