Delaware § 6208 - Property equivalence.

§ 6208. Property equivalence.

(a) Any other provision of this chapter notwithstanding, the Chancery Court shall not order that a dedication be vacated unless the legal title holder to the dedicated property, or some other party to the proceeding provides by restrictive covenant, that an amount of open space, at least equivalent in size and comparable or superior to the parcel to be vacated in its utility for recreational purposes, shall be provided for the benefit of the public. For land to be considered “comparable in its utility for recreational purposes” the Court need not determine that the land is suitable for specific identical recreational activities as provided on the parcel to be vacated, but the Court must find that the land to be provided is of the same general character and quality as the land to be vacated.

(b) The provisions of subsection (a) of this section may be satisfied with respect to the vacation of any land not located within the boundaries of an incorporated municipality of this State, by:

(1) Dedicating as public open space, a parcel of land meeting the criteria set forth above, within or immediately adjacent to the subdivision in which the dedicated land was vacated;

(2) Restricting the same parcel or a parcel of land meeting the criteria set forth above, within or immediately adjacent to the subdivision in which the dedicated land was vacated; or

(3) Dedicating as public open space, a parcel of land meeting the criteria set forth above, in any area approved by the county government and by the owners of 3/4 of the lots or parcels within the subdivision in which the dedicated land was vacated.

(c) The provisions of subsection (a) of this section may be satisfied with respect to the vacation of any land which is located within the boundaries of an incorporated municipality of this State, by:

(1) Dedicating as public open space, a parcel of land meeting the criteria set forth above, within a radius of one-quarter mile from any point on the lot or parcel boundary line of the land which is to be vacated;

(2) Restricting the same parcel or a parcel of land meeting the criteria set forth above, within a radius of one-quarter mile from any point on the lot or parcel boundary line of the land which is to be vacated; or

(3) Dedicating as public open space, a parcel of land meeting the criteria set forth above, in any area approved by the municipal government and by the owners of 2/3 of the lots or parcels within a radius of one-quarter mile from any point on the lot or parcel boundary line of the land which is to be vacated.

(d) The dedication or restrictions required by this section may be provided by submission of a plot plan approved by the county or municipal planning department or equivalent agency, or by submission of restrictive covenants.

(e) Any restrictive covenant supplied in accordance with this section must:

(1) Restrict the use of the open space to active or passive recreational purposes;

(2) Provide that the said covenants shall be covenants running with the land, binding upon the declarant, the declarant’s heirs, administrators, successors and assigns;

(3) Provide, in the case of private open space, that the said covenants are imposed for the benefit of the owners of lots within the subdivision in which, or adjacent to which, the open space is located; and

(4) Provide, in the case of public open space, that the said covenants are imposed for the benefit of the county or municipality in which the open space is located.

66 Del. Laws, c. 423, §  1;  70 Del. Laws, c. 186, §  1;