Sec. 5-600. - Functions of department generally.

The department of planning and development shall have the power and its duty shall be to perform the following functions:

(a)

Comprehensive development plan of the city. The department of planning and development, acting with the advice of the city planning commission, shall prepare, from time to time modify, and have custody of a comprehensive plan of the city showing its present and planned physical development. This plan shall be known as the comprehensive development plan of the City of Wilmington and shall show the general location, character and extent of streets, parks, recreation facilities, sites for public buildings and structures, pierhead and bulkhead lines, city and privately owned utility facilities, waterways, water conduits, existing and proposed land use and population density, and such other features as will provide for the improvement of the city and its future growth and development, and afford adequate facilities for housing, transportation, distribution, health and welfare of its population. The comprehensive development plan may be prepared as a whole or in successive elements corresponding to neighborhoods or sections of the city or to functional subdivisions of the subject matter of the plan. The department shall transmit the comprehensive development plan or any part and any modification thereof to the mayor and council. After a public hearing duly advertised, council may adopt by resolution the comprehensive development plan, or any part or modification thereof.

(b)

Urban renewal plans and programs. No certification or selection of any area in the city for urban renewal or redevelopment shall be approved by council or other city agency or department until said area shall have been first certified by the department of planning and development as an urban renewal area. This certification may originate in the department, or may result in a report of the department on a referral of council or other agency or department. The department of planning and development shall prepare all urban renewal plans for selected renewal projects, and may assist other operating departments and the Wilmington Housing Authority or such other agency that may be designated by council in executing such projects.

(c)

Zoning ordinances, maps and amendments. The department of planning and development shall prepare proposed zoning ordinances, which may embody regulations and maps, and amendments thereto, and submit such proposed zoning ordinances and amendments thereto to the mayor for transmission to the council.

(d)

Land subdivisions. The department of planning and development shall prepare regulations governing the subdivision of land and submit them to the mayor for transmission to council. The department shall review and approve or disapprove plans of land subdivisions, except that if it fails to act within thirty (30) days, its approval may be presumed.

(e)

Capital program and budget. At least one hundred and twenty (120) days before the end of the fiscal year, the department of planning and development shall prepare and submit to the mayor a recommended capital program for the six (6) fiscal years next ensuing and a recommended capital budget for the ensuing fiscal year.

(f)

Recommendations to council. The department of planning and development shall make recommendations, to be transmitted to the council through the mayor, on all resolutions and ordinances in the council which shall in any manner affect any zoning ordinance, the comprehensive development plan or the capital program. Unless such recommendations are received by the council within thirty (30) days from the date any such resolution or ordinance shall have been introduced, the approval of the department shall be presumed.

Charter reference— Land use planning, subpt. B, Tit. 2, Art. V.

Note—This section should be read in light of the provisions of the "Land Use Planning Act," 29 Del. Ch. Ch. 92, which requires state review of certain municipal land use issues, including amendments to comprehensive plans and annexation of land.

Sec. 5-601. - City planning commission.

The city planning commission shall from time to time make recommendations to the department of planning and development on such functions of the department as the comprehensive development plan, zoning ordinances, renewal plans and the capital budget and program. The department shall consult with the city planning commission on a regular basis and shall make formal reports on its program to the commission at a meeting at least six (6) times a year.