CHAPTER 241

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO "HOME RULE" LEGISLATION FOR KENT COUNTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 304 (c), Title 9, Delaware Code, is hereby amended by striking the last six words of said subsection which read: "to serve out his remaining term," and inserting in lieu thereof, the following:

"until the special election provided for in section

308 of this title and chapter shall have been completed"

Section 2. Section 4405, Title 9, Delaware Code, is hereby amended by striking the words "assessed valuation" as they appear in the fourth line of said section and inserting in lieu thereof, the words "actual property value."

Section 3. Section 4405, Title 9, Delaware Code, is hereby amended by striking the words "assessed valuations" as they appear as the last two words of said section, and inserting in lieu thereof, the following words : "actual property value."

Section 4. Section 4607, Title 9, Delaware Code, is hereby amended by inserting the following sentence after the eleventh sentence of said section which ends in the words "provisions of this chapter," but before the twelfth sentence of said section which begins with the words "The majority of votes," which said new sentence shall read as follows :

Each person or legal entity entitled to vote shall have one vote and shall have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned by such person or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment.

amended by adding a new definition after the definition of "Highway Department" and before the definition of "Levy Court," to read as follows :

"Land Development" means "any tract or parcel land upon which is proposed the construction or erection of one or more commercial, industrial, multi-family, or mobile home park use."

Section 6. Section 4801, Title 9, Delaware Code, is hereby amended by adding a new definition at the end of said section to read as follows :

"Subdivision" means "any tract or parcel of land divided or redivided into two or more lots or parcels and involving proposed roads, whether public or private, for the purpose of transfer of ownership.

Section 7. Section 4802, Title 9, Delaware Code, is hereby amended by adding the following words between the words "airport" and "water supplies," as they appear in the first sentence of said section, to read as follows :

"Commercial, industrial and residential developments."

Section 8. Section 4803 (c), Title 9, Delaware Code, is hereby amended by striking out the word "June" as it appears in the first sentence of said subsection, and inserting in lieu thereof, the word "September."

Section 9. Section 4803 (d), Title 9, Delaware Code, is hereby amended by striking the word "July" as it appears in the first sentence of said subsection, and inserting in lieu thereof, the word "September."

Section 10. Section 4810, Title 9, Delaware Code, is hereby amended by striking the caption of said section in its present form and inserting in lieu thereof the following caption :

§ 4810. Subdivision plans; land development plans; road plats; submission to commission; recording; fees; regulations

Section 11. Section 4810 (a), Title 9, Delaware Code, is

hereby amended to read as follows:

(a) Plans depicting the location, proposed grades and drainage of all roads intended to be dedicated by the owner thereof to the public use or for the use of owners of property abutting thereon or adjacent thereto and plans of all subdivisions and land developments within the limits of the District, shall be submitted to the Commission for its adoption and the approval of the Levy Court. No person shall record any plan or map showing the location of any new or proposed road, subdivision or land development in any public office in Kent County unless such plan or map shall show thereon by endorsement its adoption by the Commission and its approval by the Levy Court. The adoption of any road plan or map by the Commission and the approval thereof by the Levy Court endorsed upon such road plan or map shall, when recorded, be deemed and taken as an acceptance of the intended dedication of the road appearing thereon, but shall not impose any duty upon the Levy Court or upon the Highway Department respecting the maintenance or improvement thereof. Such road plan or map shall, when recorded, become a part of the official map.

Section 12. Section 4816, Title 9, Delaware Code, is hereby amended to read as follows :

§ 4816. Issuance of building and occupancy permits

(a) No building permit shall he issued by the County for the erection of any building or for the construction of any improvement, utility or structure on any part of any land which is required to be submitted to the Commission as provided in section 4810 of this Title after the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other improvements in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except pursuant to an approval received for the road, subdivision or land development plan in accordance with the provisions contained in this chapter.

(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except

upon a determination of full compliance with the road, subdivision or land development plan approval.

Section 13. Section 4904 (b), Title 9, Delaware Code, is hereby amended by striking the word "three" as it appears in the third sentence of said subsection between the words "remaining" and "for," and inserting in lieu thereof, the word "two."

Section 14. Section 4913 (a), Title 9, Delaware Code, is hereby amended by striking the word "four" as it appears in the second sentence of said subsection, and inserting in lieu thereof, the word "five."

Approved January 10, 1968.