Delaware General Assembly


CHAPTER 400

FORMERLY

HOUSE BILL NO. 666

AS AMENDED BY HOUSE AMENDMENT NO. 1, AS AMENDED BY

HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NOS. 2 AND 3

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO NEW CASTLE COUNTY.

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

Section 1. Amend § 1101 of Title 9 of the Delaware Code by designating the existing language as subsection (a) and by adding a new subsection (b), as follows:

"(b) Construction. The powers of New Castle County shall be construed liberally in favor of the County, and specific mention of particular powers in this title shall not be construed as limiting in any way the general powers stated herein."

Section 2. Amend subsection (a) of § 2610 of Title 9 of the Delaware Code by deleting, in the last sentence thereof, the term 'The county government' and substituting in lieu thereof the term 'County Council'.

Section 3. Amend existing subsection (d) of § 2659 of Title 9 of the Delaware Code by deleting the phrase ", subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance of approval."

Section 4. Amend § 2659 of Title 9 of the Delaware Code by creating a new subsection (f), as follows:

"(f) The County Council may by ordinance provide for the sunsetting of any subdivision or land development plan approvals heretofore or hereafter approved by County Council. However, no such plans shall be subject to sunsetting within the first live years of approval of such plans by County Council or the first five years after adoption of the County sunsetting ordinance. whichever is later."

Approved July 13, 1998