CHAPTER 410

FORMERLY

SENATE BILL NO. 437

AN ACT TO AMEND CHAPTER 48, TITLE 9, DELAWARE CODE, RELATING TO KENT COUNTY REGIONAL PLANNING.

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

Section 1. Amend §4801, Chapter 48, Title 9, Delaware Code, by adding said definition for Minor Subdivision in its entirety:

"(11) 'Minor Subdivision' means any subdivision of land that creates five (5) or less, or no, parcels of land and if a parcel of land is created, either said created parcel is not on a new road, or said created parcel(s) is on a private road approved pursuant to regulations adopted by the County government; and shall apply only to the creation of up to a five (5) parcel minor subdivision and shall not apply to the creation of parcels in excess of a total of five (5) off of the tract of land from which minor subdivision is sought. Original tract shall be deemed to be all tracts separately in existence upon effective date of this definition."

Section 2. Amend §4810(a), Chapter 48, Title 9, Delaware Code, by striking said Subsection and substituting in lieu thereof the following:

"(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 County government. No person shall record any plan, map, or other document showing the location of any new or proposed road, subdivision or land development in any public office in Kent County unless such plan, map, or other document shall show thereon by endorsement, its adoption by the Commission and its approval by the County government; expressly provided, however, said endorsement of approval for minor subdivision shall be by Administrative Commission staff pursuant to Minor Subdivision Regulations which the Commission is hereby authorized and directed to adopt. The adoption of any road plan or map by the Commission and the approval thereof by the County government 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 County government or upon the Department of Transportation respecting the maintenance or improvement thereof. Such road plan or map shall, when recorded, become a part of the official map.

Section 3. This Act shall become effective upon the County government's

adoption of minor subdivision regulations.

Approved July 14, 1994.