TITLE 29

State Government

State Planning and Property Acquisition

CHAPTER 92. LAND USE PLANNING

Subchapter I. Findings, Purpose and Definitions


(a) Some land use decisions are far-reaching, complex determinations involving the commitment of finite resources by many levels of government and private investment. Such decisions must be coordinated so as to achieve efficient, effective and timely use of finite resources.

(b) The resource investment, both public and private, in land use decisions is long-term and therefore a process which provides a certain and stable climate for decision-making is necessary to foster rational investment of these resources.

(c) A method of achieving consistency and coordination between the levels of government, and between government and private enterprise, is essential to achieve these goals.

(d) Economic activity should be enhanced by coordinating and simplifying the various state regulatory and review processes required prior to development. It is declared, therefore, that a process for streamlining such processes be established.

74 Del. Laws, c. 186, § 1.;

For the purpose of this chapter:

(1) "Applicant" means any person who must apply to a local jurisdiction for approval to proceed with a project which requires a local jurisdiction to take a land use planning action.

(2) "Comprehensive development plan" means a municipal or county comprehensive land use plan, master plan or comprehensive plan as provided in Titles 9, 22 or this title.

(3) "Final decision" means any legislative, administrative or quasi-judicial action that establishes the final determination of a local jurisdiction concerning any land use planning action.

(4) "Local jurisdiction" means the County of New Castle, the County of Kent, the County of Sussex, municipalities within the State or any other political subdivision of the State, or any instrumentality of any political subdivision of the State.

(5) "Local land use planning action" means any action involving:

a. the adoption or amendment of a Comprehensive Development Plan;

b. the zoning or re-zoning of land;

c. the subdivision or partioning of 1 parcel of land into 2 or more parcels of land or the combining of 2 or more parcels of land into 1 or more new parcels of land if required by local subdivision review ordinances; or

d. the review or approval of 1 or more parcels of land for development if required by local site plan review ordinances.

(6) "Person" means any individual, partnership, firm, association, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, local jurisdiction, any interstate body or any other legal entity.

(7) "Rezoning" means any modification of zoning classification of property based upon local zoning codes adopted as provided in Title 9 or 22.

(8) "Site plan" means a plan, to scale, showing uses, structures and any other improvements for a parcel as required by a local jurisdiction's land use regulations.

(9) "Subdivision" means the division of land into 2 or more lots.

74 Del. Laws, c. 186, § 1.;