CHAPTER 340

FORMERLY HOUSE

BILL NO. 586

AN ACT TO AMEND CHAPTER 48 AND CHAPTER 49, PART III, TITLE 9, OF THE DELAWARE CODE, RELATING TO THE KENT COUNTY ZONING COMMISSION AND THE KENT COUNTY REGIONAL PLANNING COMMISSION.

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

Section 1. Amend paragraph (a), Section 4904, Chapter 49, Title 9 of the Delaware Code, by striking the word "permanent" as the same appears in paragraph (a), and by adding a new paragraph (c) which shall read as follows:

Upon adoption of permanent zoning regulations by the Levy Court, the Zoning Commission shall cease to exist and the members of the Zoning Commission shall become voting members of and shall serve out their terms on the Kent County Regional Planning Commission. Upon expiration of the said original terms, reappointment or appointment of new members shall be in accordance with the terms established for members of the Regional Planning Commission. Following consolidation with the Zoning Commission, the Kent County Regional Planning Commission shall henceforth exercise all of the powers and duties herein set forth for the Zoning Commission.

Section 2. Amend § 4921, Chapter 49, Part III, Title 9 of the Delaware Code,, by striking said Section in its entirety and re-numbering all succeeding sections accordingly.

Section 3. Amend § 4803, Chapter 48, Part III, Title 9 of the Delaware Code, by adding thereto a new paragraph, to be designated as paragraph (i), which new paragraph shall read as follows:

(i) Upon consolidation with the Zoning Commission, the Regional Planning Commission shall consist of nine voting members and four ex-officio members. Ex-officio members shall be the same as set forth in Subsection (a) of this Section. Of the

nine voting members eight shall be appointed by the Levy Court and one appointed by the Mayor and Council of the City of Dover.

Section 4. Amend paragraph (h), Section 4803, Chapter 48, Title 9 of the Delaware Code, by adding the following sentence to the end thereof:

Upon consolidation with the Zoning Commission, a quorum of no less than five voting members shall be necessary before the Commission shall take official action upon any matter before it for consideration.

Section 5. Amend paragraph (a), Section 4804, Chapter 48, Title 9 of the Delaware Code, by adding the following sentence at the end thereof:

Upon consolidation with the Zoning Commission and until the second Monday in July, a temporary Chairman shall be selected in accordance with the adopted rules for the transaction of business.

Approved February 2, 1972.