Delaware Code § 9-4959

Legal status of comprehensive plan
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(a) After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court in conformity with
this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force
of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series
and with land development regulations enacted to implement the other elements of the adopted comprehensive plan.
(b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development,
development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when
full compliance with this subchapter is required.
(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a
comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing
at the time of such application.
(d) All development permits and development orders heretofore or hereafter validly issued or approved by county government and
not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future
comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or
approval.
(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply
herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously
issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance
was determined.

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