Delaware Code Title 9. Counties § 4809. Official map of the District

(a) There is established an official map of the District.  The Commission shall be the maker and custodian of such map.  The map shall show the location and lines of the roads within the District existing and established by law as public roads at the time of the preparation and setting up of the map by the Commission;  and shall show the location of the lines of the roads on plats which shall have been approved by the Commission at or previous to that time.

(b) Whenever the Commission shall have adopted an official map or any amendment, extension or addition thereto, it shall submit the official map or such amendment, extension or addition thereto, to the county government for its approval and if the official map or amendment, extension or addition thereto shall pertain to the road system of or any road in Kent County, the official map or any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its approval and upon approval of the official map or such amendment, extension or addition thereto, the Commission shall cause the official map or such amendment, extension or addition thereto to be recorded in the Recorder's office within 15 days after such approval.

(c) The Commission may, from time to time, amend, extend, add to or remove from the official map all roads established or vacated by law.

(d) If the State Department of Transportation changes or amends existing roads or adds new roads which vary from the master plan as established pursuant to § 4807 of this title, the Commission shall have the right, after due notice in writing to the Department, to appeal such change or addition, to the State Highway Commissioners in an official meeting of which the public shall be given notice and which the public may attend.  After receiving notice in writing of the appeal of the Regional Planning Commission, the State Highway Commissioners and their employees will refrain from execution of plans changing or adding roads in variance from the aforesaid master plan until the appeal has been heard and a written decision rendered by the said State Highway Commissioners.  That decision may be summarily appealed to the Superior Court which shall have the power to enjoin further action by all parties until a determination is reached by that Court as to whether the promotion of the health, safety, prosperity and general welfare of the citizens of this State and of Kent County are better served by compliance with the aforesaid master plan or by granting the change or addition desired by the State Department of Transportation.