CHAPTER 216

FORMERLY

HOUSE SUBSTITUTE NO. 1

TO

HOUSE BILL NO. 393

AS AMENDED BY HOUSE AMENDMENT NO. 2 AND SENATE AMENDMENT NOS. 2 AND 3

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COMPREHENSIVE PLAN REQUIREMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapters 26, 49 and 69 of Title 9 of the Delaware Code by adding new subsections 2658, 4958, and 6958 thereto respectively which Sections shall read as follows:

"County comprehensive plan

(a) The county government shall be required to adopt a comprehensive plan for zoning, subdivision and other land use decisions and each such plan shall be updated no later than December 31, 1995 and every ten years thereafter.

(b) Once the County government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so."

Section 2. Sussex County shall be in full compliance with all provisions of this Act no later than December 31. 1990. In the event that Sussex County adopts a comprehensive plan subsequent to July I, 1987 and prior to December 31, 1990, the county shall only be required to update said plan by December 31, 1990 in order to comply with existing statutory requirements.

Section 3. In the case of New Castle County, upon receipt of a propose! comprehensive

plan from the County Planning Department, the County Planning Board shall here thirty (30) days In which to review, make recommendations on, and transmit to the County Executive said plan. Upon receipt of a recommended plan from the Planning Department and the Planning Board, the County Executive shall approve, with or without amendments, the proposed plan and shall transmit, within nirty (30) days, the proposed comprehensive plan to the New Castle County Council on or before June 30, 1988. New Castle County Council shall adopt a comprehensive plan in compliance with this Act no later than December 31, 1988.

Section 4. Kent County shall be in full compliance with all provisions of this Act no later than December 31, 1990, unless the County adopts a comprehensive plan subsequent to July 1, 1987, and prior to December 31, 1990. In that event the county shall only be required to update said plan by December 31, 1995, in order to comply with the then-existing statutory requirements.

Approved February 5, 1988.