§ 4811 — Approval or disapproval of plat by Commission; hearing

The Commission shall approve, approve with conditions, disapprove or table a plat within 45 days after acceptance by the Commission of the plat and all necessary supporting documentation; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Commission upon demand. Such period may be extended by mutual agreement between the Commission and the applicant for the Commission’s approval. The grounds of disapproval of any plat shall be stated upon the records of the Commission and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by the Commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered mail to such applicant not less than 5 days before the date fixed therefor. However, in the application the applicant may waive the requirement of such hearing and notice. Any approval or disapproval, after its recordation by the Commission, may be appealed to the county government within 30 days. County government shall affirm or deny, in whole or in part, the decision of the Regional Planning Commission, or remand the matter to the Regional Planning Commission for further proceedings. However, a decision of the Regional Planning Commission may not be remanded to that Commission by the county government more than 1 time.

Legislative History

9 Del. C. 1953, § 4811; 56 Del. Laws, c. 103, § 15 ; 67 Del. Laws, c. 168, § 1 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 297, § 1