§ 1308 — Legal effect of official map or street plan

(a) Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding the limits otherwise established by statute, be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Adjustment under the same procedure described for appeals in zoning cases.

(b) After the adoption of the official map showing the lines of planned or mapped streets, no change in any street shall be made by the County Council until such proposed change shall have been submitted to the Department for its opinion as to conformity with the official map. Pending the adoption of the official map, the County Council shall not vacate, narrow or extend any existing street without having secured the opinion of the Department as to the propriety of such proposed action.

(c) The adoption of any street or street lines as part of the official map shall not, in and of itself, constitute and be deemed to constitute the opening or establishment of the street and acceptance of any land for street purposes, and shall not constitute the taking of any land.

Legislative History

9 Del. C. 1953; 55 Del Laws, c. 85,, § 2; 71 Del. Laws, c. 401, § 59