CHAPTER 717

AN ACT TO AMEND TITLE 22, DELAWARE CODE, RELATING TO MUNICIPAL ZONING REGULATIONS.

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

Section 1. Title 22, Delaware Code, is amended by deleting therefrom Section 322 in its entirety and substituting in lieu thereof the following:

§ 322. Board of Adjustment; members; terms

(a) In cities or incorporated towns not having heretofore adopted a Home Rule Charter pursuant to Chapter 8, Title 22, Delaware Code, the Board of Adjustment shall consist of the Chief Engineer of the Street and Sewer Department, the City Solicitor and the Mayor. If the city or incorporated town has no City Engineer or City Solicitor, then the Mayor or Chief Executive of such city or town shall appoint two (2) members, each to be appointed for a term of three (3) years and removable for cause by the appointing authority, upon written charges and after public hearing, who, with the presiding officer of the Zoning Commission, shall constitute the Board of Adjustment for such city or town. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(b) In cities or incorporated towns having heretofore or hereafter adopted a Home Rule Charter pursuant to Chapter 8, Title 22, Delaware Code, the legislative body thereof may within ninety (90) days of the effective date hereof or within ninety (90) days after the effective date of a Home Rule Charter hereafter adopted establish a Board of Adjustment consisting of five (5) members who shall be residents of the city or incorporated town, and who shall have knowledge of, and experience in, the problems of urban and rural development, and who, at the time of appointment, shall not be candidates or candidate-elect for, or incumbent of, an elective public office. The Mayor or Chief Executive Officer of such city or incorporated town with consent of the legislative body thereof, shall appoint four (4) members for terms of four (4) years, provided that the terms of the original members shall be established in a manner that one (1) shall expire each year. The Mayor or Chief Executive Officer of such city or incorporated town, with the consent of the Legislative Body thereof, shall appoint one (1) member who shall be chairman, and who shall serve at the pleasure of said appointing official. The members shall be entitled to compensation as determined by the city or incorporated town.

(c) In the event that a city or incorporated town qualifying under Paragraph (b) of this Section fails to establish a Board of Adjustment as permitted in said paragraph, the Board of Adjustment shall consist of those persons designated in Paragraph (a) of this Section.

Section 2. This Act shall be effective upon signature by the Governor.

Approved July 17, 1970.