Delaware Code § 9-1301

Functions
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The Department of Land Use, managed by the general manager of the department, who shall be qualified by education, experience and
training, shall perform the following functions unless otherwise provided:
(1) The Department shall administer and enforce all statutes, ordinances and regulations for the protection of persons and property
from hazards in the use, occupancy, condition, erection, alteration, maintenance, repair, removal and demolition of buildings and
structures or any parts thereof, and of outdoor signs. The Department shall enforce compliance with the county subdivision and zoning
code and regulations thereunder, subject to determinations made by the Board of Adjustment on appeals taken thereto.
(2) The Department shall:
a. Issue all forms for applications and receive all applications for licenses.
b. Determine whether an applicant is properly entitled to the license which that applicant seeks.
c. If the application is granted and the proper fee has been paid to the Office of Finance, issue the license to the applicant, either
for itself or as agent for the officer, department or board under whose jurisdiction the subject matter thereof falls.
d. If the application is refused, notify the applicant in writing of the refusal and the reasons therefor.
e. The requirements and standards to be met by applicants for licenses shall include those established by the Department in cases
in which the Department is responsible for the function involved.
(3) The Department shall make all inspections except as may otherwise be specifically provided in this title.
(4) The Department shall determine, as a result of its inspection, whether any person or the owner of any property is violating the
conditions of any license, or whether any property owner is violating any statute, ordinance or regulation which it is the duty of the
Department to enforce. If the Department shall find a violation to exist, it shall forthwith make such order or take such other lawful
action as may be necessary to correct the dangerous or unlawful condition, and if necessary it shall invoke the assistance of the County
Attorney or the County Police Department, or both.
(5) The Department, whenever it finds that a holder of any license is violating the conditions thereof, shall revoke, suspend or cancel
the license. The Department shall also revoke, suspend or cancel a license whenever the office, department or board that granted the
license so directs. Any revocation, suspension or cancellation shall be in writing and shall state in detail the reasons therefor.
(6) The Department, on request of any officer, department or board, shall make a special inspection of any property upon which
unlawful conditions are believed to exist or to investigate the manner in which the holder of any license is operating under it. The
Department shall also receive and consider complaints from citizens.
(7) The Department shall:
a. Verify compliance with the New Castle County Code related to lines and grades;
b. Not issue any permits or certificates of occupancy unless the lines and grades requirements of the New Castle County Code
have been satisfied.
(8) The Department shall undertake studies of the pattern and of the potential for economic development within the County, and
recommend to the County Executive programs designed to improve basic conditions conducive to better economic development of
the County.
(9) The Department shall prepare and recommend to the Planning Board a comprehensive development plan for the County for
the purpose of promoting health, safety, prosperity and general welfare. For those portions of the County which do not lie within
the corporate limits of a municipality, the plan shall be definitive; for the remainder it shall reflect such portions of municipal
planning as may be appropriate for inclusion in the county comprehensive development plan. Upon adoption of the comprehensive
development plan, the Department shall be responsible for maintaining it on a current basis. To this end, it shall from time to time make
recommendations to the Planning Board for modification in the plan. Such comprehensive development plan shall show, as to present
and as to proposed ultimate development, the following: land use, general location, extent and character of streets, bridges, waterways
and other public ways; parks and open spaces; public buildings; public utilities and terminals, whether publicly or privately owned;
public housing, slum clearance and rehabilitation areas; and any other physical facility, with due regard to the aesthetic characteristics
of all public structures. The comprehensive development plan may, when requested by incorporated municipalities, set forth within
such municipalities any or all of the elements mentioned in this paragraph.

(10) The Department may develop and maintain the official map of those portions of the County which do not lie within the limits of
incorporated municipalities. The official map and amendments thereto shall show all existing and established streets, planned streets,
recommended street lines located on the final or recorded plats of subdivisions and the location of existing or planned parks and open
spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the official map and shall be placed
thereon.
(11) The Department shall maintain and keep current the subdivision and zoning code for the County for the portions of the County
which do not lie within the limits of incorporated municipalities. To this end, it shall make recommendations, through the County
Executive to the County Council, for such revisions in the subdivision and zoning code as it shall deem appropriate and necessary for
the purpose of promoting the public health, safety, morals and general welfare of the County, which Code may contain regulations
with respect to the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the
density of population, and the use of buildings, structures and land for trade, industry, business, residence or other purposes.
(12) The Department shall prepare and recommend, through the County Executive to the County Council, such measures as it shall
deem appropriate for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted
areas.
(13) The Department shall assist the County Executive and Chief Administrative Officer in the preparation of the capital improvement
program for the 6-year period provided for in this title.
(14) The Department shall prepare and recommend, through the County Executive to the County Council, measures for the
replanning, improvement and reconstruction of neighborhoods and community centers and of areas or districts which may be wholly
or partially destroyed or seriously damaged by fire, earthquake, flood or other disaster.
(15) [Repealed.]
(16) [Repealed.]
(17) [Repealed.]

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