Delaware Code Title 9 Sec. 4816 – Issuance of building and occupancy permits
(a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement, utility or structure on any part of any land which is required to be submitted to the Commission as provided in § 4810 of this title after the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other improvements in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except pursuant to an approval received for the road, subdivision or land development plan in accordance with the provisions contained in this chapter.
Terms Used In Delaware Code Title 9 Sec. 4816
- Commission: means "Regional Planning Commission of Kent County" created by this chapter. See Delaware Code Title 9 Sec. 4801
- Land development: means "any tract or parcel of land upon which is proposed the construction or erection of 1 or more commercial, industrial, multi-family, or mobile home park use. See Delaware Code Title 9 Sec. 4801
- Road: includes any "road" "street" "highway" "freeway" "parkway" or other public thoroughfare. See Delaware Code Title 9 Sec. 4801
- Subdivision: means division of any part, parcel or area of land by the owner or the owner's agent, into lots or parcels 2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets, lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon. See Delaware Code Title 9 Sec. 4801
(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except upon a determination of full compliance with the road, subdivision or land development plan approval.
(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set aside for future right-of-way needs, as provided in § 145 of Title 17, no building permit shall be issued by the County for the erection of any building or for the construction of any improvement, or structure on any part of any land which lies, or is located, within the lines of any land designated and set aside for future highway right-of-way needs as appears on the Department’s Future Right-of-Way Map — Final, except as hereinafter provided in subsection (d) of this section.
(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions of subsection (c) of this section unless the Department, after being given written notice thereof by the Commission shall:
(1) Within 60 days of receipt of such notice, file with the Commission a declaration that:
a. The issuance of the permit will be detrimental to future highway planning and construction; and
b. That the land described in the permit application is needed for future highway purposes; and
(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire all of the land described in said building permit application as may be located within said future highway right-of-way.
9 Del. C. 1953, § ?4816; 56 Del. Laws, c. 103, § ?15; 56 Del. Laws, c. 241, § ?12; 57 Del. Laws, c. 754, §§ ?5, 6; 60 Del. Laws, c. 503, § ?22;