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Legislative Council,
General Assembly
State of Delaware
Title 9
Counties
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 1
Boundaries of Counties and Hundreds
§ 101 Division of State into counties.
The State is divided into 3 counties: New Castle, Kent and Sussex.
(Code 1852, § 5; Code 1915, § 8; Code 1935, § 8; 9 Del. C. 1953, § 101.)
§ 102 New Castle County boundaries.
New Castle County comprises that part of the State which is bounded as follows: On the north, by the State of Pennsylvania; on the
east, by low watermark on the eastern side of the Delaware River within the 12-mile circle described from New Castle, the southerly
perimeter of the circle from its intersection with the low watermark westerly to the middle line of Delaware River, the middle lines of
Delaware River and Bay southerly to a point in the last mentioned line opposite the mouth of Smyrna River; on the south, by a line drawn
by the shortest distance from the last mentioned point in the middle line of the Delaware Bay to the mouth of Smyrna River, thence by
a line westerly through the thoroughfare north of Bombay Hook Island, and up the Smyrna River to the mouth of a branch issuing from
the main branch of the River, at a point opposite, on the Kent side, land formerly of Enoch Jones, and opposite, on the New Castle side,
lands formerly of Richard Nash, and running thence westwardly up the branch the several courses thereof 602 perches to a point, where
formerly stood a white oak tree, a corner for lands formerly of Benjamin Hazel and lands formerly of Richard Hollet, at the head of the
branch; and from thence continued due west 1708 perches till it intersects the tangent or divisional line between the States of Delaware
and Maryland, where the same crosses the Cypress Branch; and on the west by the State of Maryland.
(Code 1852, § 6; 19 Del. Laws, c. 835; 20 Del. Laws, c. 147; 20 Del. Laws, c. 629; 20 Del. Laws, c. 650; Code 1915, § 9; Code
1935, § 9; 9 Del. C. 1953, § 102.)
§ 103 Kent County boundaries.
Kent County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of New Castle
County, as described in § 102 of this title; on the east, by the middle line of Delaware Bay from the point where the same is intersected
by the southerly boundary line of New Castle County to a point in the middle line of the Bay nearest to the centre line of Mispillion River
at the mouth thereof; on the south, by a line drawn by the shortest distance from the last mentioned point in the middle line of the Bay to
the centre line of Mispillion River at the mouth thereof, thence up the Mispillion River the several courses thereof to a fork of the River,
the point being marked by a large stone buried in the west side of a Mill Dam at the junction of Tan Trough Branch with Beaver Dam
Branch (a small maple marked with 6 chops bears south 763/4 degrees west 8/10 of a perch from the stone, and a sweet gum on the east
side of the Mill Dam marked with 6 chops bears south 443/4 degrees east 2.23 perches from the stone); and running thence up and with
the middle of the run of the Tan Trough Branch the several meanderings thereof, the general trend of which Branch is in a southwesterly
direction, about 874.7 perches to a stone monument (No. 1) set at the head of the Tan Trough Branch; thence running south 271/2 degrees
west a distance of 480 perches to another stone monument (No. 3) set in the corner of the front yard attached to the dwelling owned and
occupied by James L. Jump; thence running south 69 degrees and 50 minutes west a distance 299.1 perches to a point in the middle of
the bridge over the division line ditch between the Counties of Kent and Sussex (the point is south 69 degrees and 50 minutes west 4/10
of a perch from a stone monument (No. 4) set on the east bank of the ditch in the north side of the public road); thence running down and
with the middle of the run of the division line ditch the several meanderings thereof, the general trend of which ditch is in a southwesterly
direction, a distance of about 500.5 perches to a point in the junction of this ditch with the ditch of the main branch of Nanticoke River;
this same point bears south 86 degrees and 51 minutes east 2 perches from a stone monument (No. 5) set in the northeast side of the public
road and in the next mentioned line; thence running north 86 degrees and 51 minutes west and at a distance of 2 perches passes stone
monument (No. 5); thence crossing fields, swamps, striking across the middle of Marshy Hope Bridge in a diagonal direction the whole
distance being 28701/4 perches to a stone monument (No. 14) set in the dividing line between the States of Maryland and Delaware, this
being the terminus of the division line between the Counties of Kent and Sussex; and on the west by the State of Maryland.
(Code 1852, § 7; 19 Del. Laws, c. 835; 20 Del. Laws, c. 147; 20 Del. Laws, c. 629; 20 Del. Laws, c. 650; Code 1915, § 9; Code
1935, § 9; 9 Del. C. 1953, § 103.)
§ 104 Sussex County boundaries.
Sussex County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of Kent
County as described in § 103 of this title; on the east, by the middle line of Delaware Bay from the point where the same is intersected by
southerly boundary line of Kent County to the mouth of the Bay, and by the Atlantic Ocean; on the south and west by the State of Maryland.
(Code 1852, § 7; 19 Del. Laws, c. 835; 20 Del. Laws, c. 147; 20 Del. Laws, c. 629; 20 Del. Laws, c. 650; Code 1915, § 9; Code
1935, § 9; 9 Del. C. 1953, § 104.)
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Title 9 - Counties
§ 105 Hundreds in New Castle County; boundaries.
(a) New Castle County is divided into 11 hundreds, as follows: Appoquinimink, Blackbird, Brandywine, Christiana, Mill Creek, New
Castle, Pencader, Red Lion, St. Georges, White Clay Creek and Wilmington.
(b) Brandywine Hundred comprises that part of New Castle County which is bounded as follows:
Beginning at the point where low watermark on the westerly side of the Delaware River is intersected by the northerly boundary
line of the State of Delaware; thence by the boundary line, crossing the Delaware River, to low watermark on the easterly side of the
Delaware River; thence by the last mentioned low watermark to the point where the last mentioned low watermark is intersected by
the northerly boundary line of the City of Wilmington; thence by the present boundary lines dividing Brandywine Hundred from the
City of Wilmington, Christiana Hundred, and the State of Pennsylvania, to the place of beginning.
(c) Wilmington Hundred comprises that part of New Castle County described as follows:
(1) All that part of New Castle County which is included within the corporate limits of the City of Wilmington;
(2) All territory which shall hereafter be added to and included within the City of Wilmington shall become part of Wilmington
Hundred;
(3) Whenever by the extension of the limits of the City of Wilmington, territory forming part of any hundred as hereby established,
shall be included within the limits of the City, such hundred shall thereafter consist of the residue thereof not so included within the
limits.
(d) New Castle Hundred comprises that part of New Castle County which is bounded as follows:
Beginning at the point where low watermark on the westerly side of the Delaware River is intersected by the southerly boundary
line of the City of Wilmington; thence by the boundary line, crossing the Delaware River to the low watermark on the easterly side
of the Delaware River; thence by the last mentioned low watermark to a point which is due east of the point where the boundary line
between New Castle Hundred and Red Lion Hundred intersects the low watermark on the westerly side of the Delaware River; thence
due west to low watermark on the westerly side of the Delaware River; thence by the present boundary lines dividing New Castle
Hundred from Red Lion Hundred, Pencader Hundred, White Clay Creek Hundred, Christiana Hundred and the City of Wilmington,
to the place of beginning.
(e) Red Lion Hundred comprises that part of New Castle County which is bounded as follows:
Beginning at a point where low watermark on the westerly side of the Delaware River is intersected by the present boundary line
between New Castle Hundred and Red Lion Hundred; thence due east and crossing the Delaware River to low watermark on the easterly
side of the Delaware River; thence by the last mentioned low watermark to a point which is due east of the point where the boundary
line between Red Lion Hundred and St. Georges Hundred intersects the low watermark on the westerly side of the Delaware River;
thence due west to low watermark on the westerly side of the Delaware River; thence by the present boundary lines dividing Red Lion
Hundred from St. Georges Hundred, Pencader Hundred and New Castle Hundred to the place of beginning.
(f) St. Georges Hundred comprises that part of New Castle County which is bounded as follows:
Beginning at a point where low watermark on the westerly side of the Delaware River is intersected by the present boundary line
between Red Lion Hundred and St. Georges Hundred; thence due east and crossing the Delaware River to low watermark on the
easterly side of the Delaware River; thence by the last mentioned low watermark to a point where the last mentioned low watermark
is intersected by the 12 mile circle; thence westerly and southerly by the boundary line dividing the State of Delaware from the State
of New Jersey to a point which is due east of the point where the boundary line between St. Georges Hundred and Appoquinimink
Hundred intersects the low watermark on the westerly side of the Delaware River; thence due west to low watermark on the westerly
side of the Delaware River; thence by the present boundary lines dividing St. Georges Hundred from Appoquinimink Hundred, the
State of Maryland, Pencader Hundred and Red Lion Hundred to the place of beginning.
(Code 1852, § 8; Code 1915, § 10; Code 1915, § 10-A; 40 Del. Laws, c. 6; Code 1935, § 10; 9 Del. C. 1953, § 105.)
§ 106 Hundreds in Kent County.
Kent County is divided into 9 hundreds, as follows: Duck Creek, East Dover, West Dover, Kenton, Little Creek, Milford, Mispillion,
North Murderkill and South Murderkill.
(Code 1852, § 9; Code 1915, § 10; Code 1935, § 10; 9 Del. C. 1953, § 106.)
§ 107 Hundreds in Sussex County.
Sussex County is divided into 13 hundreds, as follows: Baltimore, Broad Creek, Broadkiln, Cedar Creek, Dagsboro, Georgetown,
Gumboro, Indian River, Lewes and Rehoboth, Little Creek, Nanticoke, North West Fork, and Seaford.
(Code 1852, § 10; Code 1915, § 10; Code 1935, § 10; 9 Del. C. 1953, § 107.)
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 3
County Governments Generally
Subchapter I
General Provisions
§ 301 Composition of county governments; change of terminology as to New Castle County.
(a) There shall be a county government in Kent County which shall consist of not less than 3 members.
(b) The government of New Castle County shall be as provided in Chapter 11 of this title. Wherever the words “county government”
are used in this title, the words “county council” should be substituted as to New Castle County except in §§ 1501 and 1521(b) of this
title. Wherever the words “officials of the county governing body” are used in this title, the words “county councilperson” should be
substituted as to New Castle County.
(c) The governing body of Kent and Sussex Counties, whether Levy Court, or County Council, unless otherwise indicated, shall be
referred to in Part I of this title as “the county government.”
(21 Del. Laws, c. 22, § 2; 22 Del. Laws, c. 50, § 6; 22 Del. Laws, c. 52; 22 Del. Laws, c. 54, § 2; 24 Del. Laws, c. 52, § 1; Code
1915, §§ 1014, 1036, 1045, 1046; 28 Del. Laws, c. 76, §§ 1, 2; 31 Del. Laws, c. 13, § 3; 40 Del. Laws, c. 126, § 2; Code 1935, §§
1148, 1184, 1195; 9 Del. C. 1953, § 302; 57 Del. Laws, c. 264, § 17; 57 Del. Laws, c. 762, §§ 2A, 2B; 60 Del. Laws, c. 468, §§
1, 2; 71 Del. Laws, c. 401, § 1.)
§ 302 Officers and employees holding other offices.
(a) No receiver of taxes and county treasurer, coroner or sheriff shall, during his or her term of office, be a member of the county
government.
(b) No member of the county government shall, during that member’s term of office, be appointed or elected a collector of a state or
county tax, or receiver of taxes and county treasurer.
(c) No officer or employee of the New Castle County government shall hold more than 1 position of county office or employment from
which that officer or employee derives compensation.
(d) No officer or employee of the Sussex County government shall hold more than 1 position of county office or employment from
which that officer or employee derives compensation.
(e) No elected New Castle County official shall hold any other elected position, be employed by the County in any other capacity, or
be on a board, commission or agency advising the County.
(f) No officer or employee of the Kent County government shall hold more than 1 position of county office or employment from which
that officer or employee derives compensation.
(g) No county government shall require a former employee of a county, who later is elected or appointed to a statutorily defined county
office, to give up the former employee’s right to receive vested pension benefits from the county, except that the former employee shall
be ineligible for additional years of service or additional vested pension benefits, unless the former employee chooses to forego receipt
of the former employee’s retirement benefits during the term of elected or appointed office.
(Code 1852, § 67; Code 1915, § 1056; Code 1935, § 1224; 9 Del. C. 1953, § 306; 55 Del. Laws, c. 85, § 3L; 57 Del. Laws, c. 762,
§ 2E; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 2; 73 Del. Laws, c. 35, § 1; 77 Del. Laws, c. 365, § 1.)
§ 303 Vacancies in county government.
(a) In case of a vacancy in the county government, for any cause, the members of that county government may, by a majority vote of
the remaining members, fill that vacancy temporarily pending a special election to fill the vacancy.
(b) The special election shall be held within 6 months of the occurring of the vacancy and shall be held in the same manner as a regular
election for a full term would be.
(c) The person so elected shall hold office for the duration of the unexpired term.
(21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 4; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1017, 1039, 1048; 28 Del. Laws, c. 76,
§ 4; 31 Del. Laws, c. 13, § 6; 40 Del. Laws, c. 126, § 5; Code 1935, §§ 1151, 1187, 1197; 9 Del. C. 1953, § 308; 56 Del. Laws, c.
103, § 6.)
§ 304 County government; supplies for county officers.
Each county government shall furnish to county officers necessary record books, cases, seals and supplies for the use of their respective
offices.
(Code 1915, § 1084; Code 1935, § 1246; 9 Del. C. 1953, § 343; 55 Del. Laws, c. 85, § 3E; 57 Del. Laws, c. 762, § 2I; 73 Del.
Laws, c. 35, § 2.)
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Title 9 - Counties
§ 305 Capitation tax.
(a) (1) The government of Kent County annually at a meeting held during the month of April may fix and determine the amount of the
capitation tax which the Board of Assessment may assess for the following year.
(2) The government of Sussex County annually at a meeting held during the month of February shall fix and determine the amount
of capitation tax which the Board of Assessment shall assess for the following year.
(b) (1) In Kent County such capitation tax if so fixed and determined shall in no case exceed the sum of $5.00 and shall be uniform
throughout the County if levied and assessed.
(2) In Sussex County such capitation tax if so fixed and determined shall in no case exceed the sum of $10 and shall be uniform
throughout the County if levied and assessed.
(c) Such capitation tax shall be levied upon each citizen of 21 years or older, residing in the county.
(d) In New Castle County no capitation tax shall be levied or collected.
(21 Del. Laws, c. 23, § 1; Code 1915, §§ 1060, 1060A; 28 Del. Laws, c. 76, § 13; 31 Del. Laws, c. 13, § 14; 34 Del. Laws, c. 86;
Code 1935, § 1226; 9 Del. C. 1953, § 345; 55 Del. Laws, c. 85, § 3C; 55 Del. Laws, c. 250, §§ 1-3; 56 Del. Laws, c. 103, § 7; 57
Del. Laws, c. 762, §§ 2F, 2G; 66 Del. Laws, c. 191, §§ 1, 2; 73 Del. Laws, c. 35, § 3; 78 Del. Laws, c. 338, § 1.)
§ 306 Agritourism activities on farms.
(a) “Agritourism activity” means any activity that allows members of the general public to view or enjoy rural activities,
including: farming; ranching; wineries; historical, cultural or harvest-your-own activities; guided or self-guided tours; bed and breakfast
accommodations; or temporary outdoor recreation activities. “Agritourism activity” includes, but is not limited to: planting, cultivation,
irrigation or harvesting of crops; acceptable practices of animal husbandry; barn parties or farm festivals; livestock activities, not to
include rodeos; hunting; fishing; swimming; boating, canoeing or kayaking; temporary camping; picnicking; hiking; diving; water skiing
or tubing; paintball; and nonmotorized freestyle, mountain or off-road bicycling. An activity is an agritourism activity whether or not the
participant paid to participate in the activity.
(b) Agritourism activities may be allowed statewide on farms of 10 or more acres subject to the provisions of this title adopted for each
county; provided, however, that except for the “related uses” specified in § 909 of Title 3, no agritourism activities shall be permitted
on farmlands which are subject to the Agricultural Lands Preservation and Forestland Preservation programs established in Chapter 9
of Title 3.
(76 Del. Laws, c. 409, § 1.)
§ 307 Woods Haven School for Girls; appropriations [Repealed].
Repealed by 64 Del. Laws, c. 73, § 1, effective June 27, 1983.
§ 308 Children’s Bureau of Delaware; appropriations.
The county governments of Kent County, of New Castle County and of Sussex County, shall have authority to make an appropriation,
or appropriations, annually to the Children’s Bureau of Delaware in aid of the objects of the corporation.
(16 Del. Laws, c. 477, § 2; 18 Del. Laws, c. 229, § 6; 22 Del. Laws, c. 42; Code 1915, § 2221; 34 Del. Laws, c. 154, § 8; Code
1935, § 2545; 9 Del. C. 1953, § 348; 55 Del. Laws, c. 85, § 3E; 57 Del. Laws, c. 762, § 2L.)
§ 309 Ambulance, fire protection and police services; appropriations.
(a) The county governments of Kent County, of New Castle County and of Sussex County may appropriate annually the sum of $750
to each fire company in their respective counties outside the limits of the City of Wilmington furnishing an ambulance for the benefit of
the residents thereof. The sum appropriated shall be used for the maintenance of ambulance service.
(b) Where an area of real property owned by a county is bounded by a wall, fence or other structure which has gates or other lockable
entrances, the county shall notify those public agencies within the county which provide ambulance, fire and police services of the location
of such gates and entrances. A key to each such enclosed area shall be provided by the county to the ambulance service, fire company
and police department which are closest to the enclosed area. For purposes of this subsection, the words “real property” shall include all
unimproved land only and shall not include buildings.
(Code 1935, c. 43; 42 Del. Laws, c. 104, § 1; 9 Del. C. 1953, § 349; 50 Del. Laws, c. 54, § 1; 55 Del. Laws, c. 85, § 3D; 57 Del.
Laws, c. 762, § 2H; 63 Del. Laws, c. 166, §§ 1, 2.)
§ 310 Parking spaces for use by persons with disabilities.
(a) The county government of each of the 3 Delaware counties shall, on or before January 1, 2004, and the municipal government of
each incorporated municipality within each county shall, on or before March 1, 2004, adopt regulations or ordinances regarding the duty
of individuals and artificial entities to erect and maintain signage on parking spaces or zones for use by persons with disabilities.
(b) The signage regulations or ordinances adopted pursuant to subsection (a) of this section must include an enforcement provision,
a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial
entity who is required to erect and maintain signage, but has failed to do so. If, after 30 days from the date that a warning is issued, the
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Title 9 - Counties
individual or artificial entity has not erected and/or maintained the required signage, the enforcement officer may issue a summons or
apply for a warrant in the name of the offending individual or artificial entity.
(c) A municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the
municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own
particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances
of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or
ordinances may not be less restrictive than those of the county.
(74 Del. Laws, c. 114, § 1.)
§ 311 Insurance and workmen’s compensation for county employees.
(a) The county governments of Kent County, of New Castle County and of Sussex County may enter into contracts with some reliable
insurance company or companies doing business in the State to insure the employees or appointed officers of the counties against injury or
death incurred by such employees or appointed officers while performing their duties as employees or appointed officers of the counties.
(b) The county governments of Kent County, of New Castle County and of Sussex County may at any time elect to be bound by the
compensatory provisions of the Delaware Workmen’s Compensation Laws, and the county governments shall be the sole judges of the
kind of insurance and the amount thereof which will best execute the purposes and provisions of this section.
(36 Del. Laws, c. 118; 37 Del. Laws, c. 100; Code 1935, § 1253; 9 Del. C. 1953, § 351; 55 Del. Laws, c. 85, § 3K; 57 Del. Laws, c.
762, § 2N.)
§ 312 Continuance of system of personnel administration.
If any county government has adopted or shall adopt a system of personnel administration based on individual merit, said system shall
be regarded as repealing any provisions of this title which may be inconsistent therewith.
(9 Del. C. 1953, § 352; 56 Del. Laws, c. 471; 57 Del. Laws, c. 762, § 2O.)
§ 313 Use of mobile homes on farms.
Every owner of a farm of less than 50 acres shall be permitted to have 1 mobile home located on said farm and every owner of a farm
of 50 acres or more shall be permitted to have 2 mobile homes located on said farm. Such mobile homes shall be used and inhabited by
any person or persons so permitted by the owner.
(9 Del. C. 1953, § 353; 57 Del. Laws, c. 465; 60 Del. Laws, c. 134, § 1; 60 Del. Laws, c. 672, § 1.)
§ 314 Award of contracts for public work or goods.
(a) No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or
county government, or vote for or consent to the furnishing, having or using by or for the account of any county or county government
of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed
the sum of $50,000 whether the work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or
for repairs upon old work, unless and until the county government shall publicly invite sealed proposals for the doing of such work and
furnishing of such merchandise, tools, implements, machinery and materials, and give the contract resulting therefrom and therefor to
the lowest responsible bidder or bidders.
(b) Bids so obtained shall be opened publicly in the presence of bidders, or their representatives, who may desire to attend.
(c) The county government may require of such bidder or bidders security for the faithful performance of the contract.
(d) Notwithstanding this section or any other law, the governments of Kent County and New Castle County may contract for engineering,
legal or other professional services requiring special skills or training without requesting competitive bids and without awarding such
contract to the lowest bidder.
(e) This section shall not apply to the purchase of printed matter for public libraries. Printed matter shall be defined, for purposes of this
section, as materials typically made available to the public by public libraries and shall include, but not be limited to, books and magazines.
(f) Subsection (a) of this section shall not apply to the officials and government of Kent County which shall be subject only to those
bid laws found at Chapter 69 of Title 29.
(g) Notwithstanding this section or any other law, the government of New Castle County shall have the same power and authority
with respect to sole source procurement, emergency needs, contract performance and multiple source contracting granted to the State
pursuant to Chapter 69 of Title 29.
(21 Del. Laws, c. 22, § 8; 22 Del. Laws, c. 273, § 5; 26 Del. Laws, c. 83, § 3; Code 1915, §§ 1025, 1048; Code 1935, §§ 1160,
1227; 46 Del. Laws, c. 130, § 1; 9 Del. C. 1953, § 371; 55 Del. Laws, c. 85, § 3G; 57 Del. Laws, c. 762, § 2P; 58 Del. Laws, c.
463; 59 Del. Laws, c. 11, § 1; 62 Del. Laws, c. 16, § 1; 63 Del. Laws, c. 45, § 1; 63 Del. Laws, c. 153, §§ 1, 2; 64 Del. Laws, c.
174, §§ 1, 2; 71 Del. Laws, c. 401, § 3; 74 Del. Laws, c. 238, § 1; 77 Del. Laws, c. 68, § 1.)
§ 315 Records open to inspection.
The accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of the counties shall
be open to inspection by any taxpayer of the county in which such accounts, records, documents, papers and writings are located.
(38 Del. Laws, c. 71, § 4; Code 1935, § 1257; 9 Del. C. 1953, § 376.)
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Title 9 - Counties
§ 316 Fines and forfeitures payable to county; neglect to pay over; penalty.
(a) All fines and forfeitures not especially otherwise appropriated shall belong to the county in which such fines or forfeitures may
be imposed or incurred.
(b) They shall be paid to the treasurer of the county or the director of finance by the officer collecting or chargeable with them.
(c) If such officer neglects this duty for 3 months after the officer receives or becomes chargeable with any fine or forfeiture, the officer
shall pay in addition to the amount thereof the interest at the rate of 20 percent per annum, to be computed from the time the fine or
forfeiture was received or the officer became chargeable therewith.
(d) The whole may be recovered in an action in the name of the State for the use of the county to which the same may belong.
(16 Del. Laws, c. 310, § 1; Code 1915, § 1078; Code 1935, § 1244; 9 Del. C. 1953, § 377; 55 Del. Laws, c. 85, § 3H; 70 Del.
Laws, c. 186, § 1.)
§ 317 Title to real estate owned by county.
(a) Title to land acquired by a county shall be taken and held in the name of the county wherein the land is situated. Title to land held
by a county as heretofore provided by this section is hereby changed to the name of the county.
(b) Title to county land may be conveyed by the county pursuant to an ordinance, or a resolution where ordinances are not provided
for, duly advertised and adopted by the county authorizing the conveyance of the specific land, irrespective of whether title was acquired
as heretofore provided by this section.
(26 Del. Laws, c. 255, §§ 1, 2; 27 Del. Laws, c. 4; Code 1915, § 1053; 31 Del. Laws, c. 13, § 12; Code 1935, § 1217; 9 Del. C.
1953, § 378; 59 Del. Laws, c. 366, § 1.)
§ 318 Legal proceedings.
All suits, actions or proceedings brought by the government of Kent County, in and about the administration of the government of
the county, shall be in the name of the government of Kent County. All such suits, actions or proceedings brought by the government
of New Castle County or the government of Sussex County shall be brought in the name of the county in which such suit, action or
proceedings arise.
(Code 1915, § 1080B; 28 Del. Laws, c. 76, § 19; Code 1935, § 1200; 9 Del. C. 1953, § 379; 55 Del. Laws, c. 85, § 3I; 57 Del.
Laws, c. 762, § 2Q.)
§ 319 Review of comprehensive plans.
At least every 5 years a county shall review its adopted comprehensive plan to determine if its provisions are still relevant given
changing conditions in the county or in the surrounding areas. The adopted comprehensive plan shall be revised, updated and amended
as necessary, and re-adopted at least every 10 years.
(78 Del. Laws, c. 129, § 4.)
§ 320 Property tax credits for individuals with disabilities.
(a) The county government of New Castle County shall provide for an exemption to real property taxes for an individual with a disability
as follows:
(1) For an individual with a disability, an exemption that at least meets the exemption provided under § 14.06.303 of the New Castle
County Code on August 30, 2017.
(2) For an individual with a disability who became disabled as a result of service in and while in the service of any branch of the
United States armed services, an additional exemption that at least meets the exemption provided under § 14.06.304 of the New Castle
County Code on August 30, 2017.
(b) The county government of Kent County shall provide for an exemption to real property taxes for an individual with a disability
as follows:
(1) For an individual with a disability, an exemption that at least meets the exemption provided under § 191-9 of the Kent County
Code on August 30, 2017.
(2) For an individual with a disability who incurred the disability as a result of and while in the service of any branch of the United
States armed services, an additional exemption that at least meets the exemption provided under § 191-9 of the Kent County Code
on August 30, 2017, for individuals who incurred their disability as a result of and while in the service of any branch of the United
States armed services.
(c) The county government of Sussex County shall provide for an exemption to real property taxes for an individual with a disability
that at least meets the exemption provided under § 103-1 of the Sussex County Code on August 30, 2017.
(d) For an individual with a disability to qualify for an exemption to real property taxes under this section, the individual must meet
the qualifications established by the county government from which the individual is seeking the exemption.
(e) Each county government may increase or expand exemptions to real property taxes for an individual with a disability.
(81 Del. Laws, c. 152, § 1.)
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Title 9 - Counties
Subchapter II
County Governments
§ 330 General powers and duties.
(a) The county government of each county shall:
(1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective
counties; and
(2) Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the
respective counties, or in, or appertaining to, the office of the county governing officials of each county; and
(3) Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective
counties, or to the office of the county governing officials of the county; and
(4) Have the power and authority to impose and collect by ordinance a tax upon the transfer of real property situate within
unincorporated areas of the county, subject to the conditions and limitations provided in § 8102 of this title.
(b) The county governments of the several counties shall take care that:
(1) The affairs of the respective counties are administered with efficiency and economy; and
(2) The officers and employees of the counties, chosen and appointed by the county governments, shall faithfully perform the duties
imposed upon them.
(c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or
transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided
any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code.
(d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms,
ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in
this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms,
or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by
a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied
entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police
stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to
the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County
governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An
ordinance adopted by the county government shall not prevent the following in county buildings or police stations:
(1) Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers;
(2) Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;
(3) Law-enforcement agencies conducting firearms safety and training programs;
(4) Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other
similar programs in police stations or municipal buildings;
(5) Compliance by persons subject to protection from abuse court orders;
(6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long
as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;
(7) Officers or employees of the United States duly authorized to carry a concealed firearm;
(8) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect
moneys, valuables and other property and are engaged in the lawful execution of such duties.
(e) For the purposes of this section, “county building” means a building where a county government entity meets in its official capacity
or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding
any parking facility; provided, however, that if such building is not a county-owned or -leased building, such building shall be considered
a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.
(22 Del. Laws, c. 54, § 5; Code 1915, §§ 1018, 1048; 28 Del. Laws, c. 76, § 4; 31 Del. Laws, c. 13, § 17; 40 Del. Laws, c. 126, §
6; Code 1935, §§ 1153, 1219, 1230; 9 Del. C. 1953, § 341; 65 Del. Laws, c. 133, § 2; 67 Del. Laws, c. 415, § 1; 80 Del. Laws, c.
166, § 1.)
§ 331 Tie vote in election; appointment by Governor.
Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes
cast at any election, the Superior Court, sitting as a board of canvass in the county in which the tie vote occurs, shall certify the fact to
the Governor who shall forthwith appoint 1 of the candidates involved in the tie to be 1 of the county governing officials for the county.
The person appointed shall hold the office for the term of 2 years from the first Tuesday in January then next ensuing.
(21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 5; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1018, 1040, 1049; 28 Del. Laws, c. 76,
§ 6; 31 Del. Laws, c. 13, § 5; 40 Del. Laws, c. 126, § 6; Code 1935, §§ 1152, 1186, 1196; 9 Del. C. 1953, § 307.)
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Title 9 - Counties
§ 332 Traveling expenses [Repealed].
(33 Del. Laws, c. 72, § 3; Code 1935, § 1154; 9 Del. C. 1953, § 310; 71 Del. Laws, c. 401, § 4; repealed by 78 Del. Laws, c. 249,
§ 1, eff. June 5, 2012.)
§ 333 Oath of office.
The oath or affirmation of office to be taken by an elected official of the county governing body may be administered by the clerk of
the peace or any such elected official and an entry thereof shall be made in the minutes of the county governing body.
(Code 1852, § 65; Code 1915, §§ 1047, 1055; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; Code 1935, § 1223; 9 Del. C.
1953, § 311.)
§ 334 Organization meeting; election of president.
(a) The governing bodies of the respective counties shall meet for organization on the first Tuesday in January following the biennial
general election, or on the date specified by ordinance in the respective county.
(b) After taking the oath of office prescribed by the Constitution, each governing body shall elect 1 of its members to be president. In
New Castle County the President of County Council shall be elected by a county wide ballot.
(21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 3; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1015, 1038, 1047; 28 Del. Laws, c. 76,
§ 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 3; Code 1935, §§ 1149, 1188, 1198; 9 Del. C. 1953, § 312; 71 Del. Laws, c.
401, §§ 5, 6.)
§ 335 Regular meetings [Repealed].
Repealed by 65 Del. Laws, c. 450, § 1, effective July 8, 1986.
§ 336 Special meetings.
(a) Special meetings of any governing body may be held at the direction of its president or any 2 members.
(b) The clerk of the peace shall notify each elected official of a county governing body of any special meeting. In New Castle County
the Clerk of Council shall notify all members of County Council of any special meeting.
(c) Special meetings shall be held at the usual place of meeting. Any lawful business may be transacted at a special meeting. In New
Castle County special meetings may be held at any public location in New Castle County in accordance with Council rules.
(Code 1852, § 69; 16 Del. Laws, c. 315, § 1; Code 1915, §§ 1016, 1047, 1057; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7;
40 Del. Laws, c. 126, § 4; Code 1935, §§ 1150, 1222; 9 Del. C. 1953, § 314; 71 Del. Laws, c. 401, §§ 7, 8.)
§ 337 Quorum [Repealed].
Repealed by 65 Del. Laws, c. 450, § 2, effective July 8, 1986.
§ 338 Adjournment.
Any governing body may adjourn from time to time as occasion shall require. If only 1 elected official attends at the time fixed for
a meeting of the governing body, that elected official may adjourn the governing body. If no elected official attends, the clerk of the
peace may adjourn the governing body.
(Code 1915, §§ 1016, 1047, 1057; 28 Del. Laws, c. 76, § 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 4; Code 1935, §§
1150, 1220; 9 Del. C. 1953, § 316.)
§ 339 Rules.
The governing body of each county may make rules for its government not inconsistent with the Constitution and laws of the State.
(21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 3; 22 Del. Laws, c. 54, § 5; Code 1915, §§ 1015, 1038, 1047; 28 Del. Laws, c. 76,
§ 3; 31 Del. Laws, c. 13, § 7; 40 Del. Laws, c. 126, § 3; Code 1935, §§ 1149, 1188, 1198; 9 Del. C. 1953, § 317.)
§ 340 Attorneys for governing body.
The governing body in each county may employ legal counsel.
(Code 1915, § 1054; Code 1935, § 1218; 9 Del. C. 1953, § 318.)
§ 341 Bailiffs to governing body; constables.
The governing body in each county may select and require 2 constables of the county to attend its sittings, as bailiffs, who shall attend
the same and obey all the reasonable requirements of the governing body under penalty of $10, to be recovered by indictment.
(Code 1852, § 107; Code 1915, § 1073; Code 1935, § 1229; 9 Del. C. 1953, § 319.)
§ 342 Fiscal year for counties and county agencies.
(a) The fiscal year of the governing body of each county shall begin on July 1 of each calendar year and end on June 30 of the succeeding
calendar year.
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Title 9 - Counties
(b) All county departments, bureaus, divisions, offices, boards, commissions, and other agencies, supported entirely or in part by the
governing body of any county, shall have the same fiscal year as that of the governing body.
(45 Del. Laws, c. 119, §§ 1, 2; 9 Del. C. 1953, § 320.)
§ 343 Form of accounts and warrants.
The governing bodies may prescribe the form in which the several accounts to be rendered to them, shall be drawn and verified, and
shall have power to determine the form of all warrants to be drawn in payment of demands.
(Code 1852, § 106; Code 1915, § 1072; Code 1915, § 1052A; 28 Del. Laws, c. 76, § 9; 31 Del. Laws, c. 13, § 26; Code 1935, §
1225; 9 Del. C. 1953, § 372.)
§ 344 Rejection and forfeiture of assigned claims.
If it appears to the governing body that any demand presented to it for allowance has been assigned or contracted for, the governing
body shall reject it and the same shall be forfeited.
(Code 1852, § 117; Code 1915, § 1077; Code 1935, § 1243; 9 Del. C. 1953, § 373.)
§ 345 Dealing in county warrants by elected officials.
No elected official of a county governing body shall directly or indirectly cash, buy up, purchase or redeem any county warrant drawn
in favor of any other person.
(22 Del. Laws, c. 273, § 4; Code 1915, § 1024; 28 Del. Laws, c. 76, § 9; 31 Del. Laws, c. 13, § 19; Code 1935, § 1221; 9 Del. C.
1953, § 374.)
§ 346 Gifts or rebates; penalty.
Whoever, by special contract or otherwise, does or performs any work, labor or service of any kind for, or furnishes any merchandise,
goods, printing, tools, implements, machinery or materials of any kind or description, to or for the use of any county or the governing
body of any county or any elected official of any governing body in his or her official capacity, and directly or indirectly to any elected
official of any county or to any other person whomsoever, gives, conveys, allows, offers or tenders any rebate, commission, profit, gift,
emolument, rake-off or any pecuniary benefit whatsoever from the price of or on account or because of the doing or performing of such
work, labor or service for any county, governing body or elected official thereof, or from the price of or on account or because of the
furnishing of merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of any
county, governing body or elected official thereof, shall be fined in such amount as is determined by the governing body, but not less
than 3 times the amount of the price charged by the offending person for the work, labor, service, merchandise, goods, printing, tools,
implements, machinery or materials so done or furnished by the offending person, and also shall be adjudged, deemed and held incapable
of thereafter performing any service, or furnishing any material or merchandise whatsoever to, for or for the use of the counties, governing
bodies or any elected official thereof, forever.
(22 Del. Laws, c. 273, § 7; Code 1915, §§ 1027, 1052A; 28 Del. Laws, c. 76, § 9; Code 1935, § 1228; 9 Del. C. 1953, § 375; 70
Del. Laws, c. 186, § 1.)
§ 347 Investigation; power to compel attendance of witnesses and to administer oaths.
(a) The county government may summon and compel the attendance of any witnesses deemed necessary by the elected officials of the
county governing body to give information relative to their duties.
(b) Any such elected official may administer oaths or affirmations to witnesses appearing before the governing body.
(Code 1915, § 1073; 28 Del. Laws, c. 76, § 4; 31 Del. Laws, c. 13, § 17; Code 1935, §§ 1229, 1230; 9 Del. C. 1953, § 342.)
§ 348 Annual audit; qualifications and selection of auditors.
(a) The county government shall procure the services of 1 or more certified public accountants to audit the accounts of the county at
the end of its fiscal year.
(b) Every certified public accountant employed under subsection (a) of this section shall be certified under the laws of Delaware or
under the laws of some state having substantially the same qualifications for the certification of public accountants as are required by
the laws of Delaware. The county government shall contract with a certified public accountant or certified public accountants, after first
giving notice by newspaper advertisement or otherwise of the contemplated employment, and shall thereafter select the lowest responsible
bidder for the purpose of carrying out the requirements of this section. The county government may appropriate reasonable sums from
the general funds of the county for the payments to the certified public accountants for auditing the county books.
(38 Del. Laws, c. 71, §§ 1-3; Code 1935, §§ 1254-1256; 9 Del. C. 1953, § 344; 50 Del. Laws, c. 343, § 1.)
§ 349 Public advertising and notices.
Notwithstanding any provision to the contrary, public advertising and notices by any county in the State of any nature may include use
of the State’s electronic procurement advertising system required by § 6902(10) of Title 29 or other website allowing for the electronic
posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(4), 10115(b) and 10124(1) of Title 29.
(78 Del. Laws, c. 288, § 9; 82 Del. Laws, c. 36, § 1.)
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 5
Suburban Community Improvements
Subchapter I
Sidewalks, Streets, Signs, Drainage, Storm Sewers
§ 501 Definitions.
As used in this subchapter:
(1) “Clerk of the peace” means the clerk of the peace of the county in which the suburban community is situated.
(2) All references to the “county engineer” shall be construed to mean the General Manager of the Department of Special Services
insofar as New Castle County is concerned.
(3) a. “County government” means the county governing body of each county.
b. Whenever the words “county government” are used in this chapter, the words “County Council” shall be substituted regarding
New Castle County.
(4) All references to “receiver of taxes” and “county treasurer” and “board of assessment” shall be construed to mean the “department
of finance” insofar as Sussex County is concerned and “Office of Finance” insofar as New Castle County is concerned.
(5) a. “Suburban community” means any unincorporated community within this State:
1. Containing at least 5 separate and distinct property owners; provided, that each parcel of land, condominium or other
individually owned unit of a multiunit building shall be deemed to have no more than 1 owner for the purposes of this subchapter;
2. In the case of individually owned parcels of land whose streets aggregate a minimum of 500 linear feet of road surface or
in the case of condominium or other type of individually owned units of multiunit buildings whose streets aggregate a minimum
of 300 feet of road surfacing; and
3. Which, in the opinion of the county government and the State Department of Transportation, is so situated as to form a unit
which is reasonably and economically capable of being improved by the laying, repairing or completion of streets, signs, sidewalks
and installation of surface drainage and storm sewers.
b. In addition to the foregoing such unincorporated community within this State must:
1. Be located on a highway which is part of the state highway system or will be connected to the state highway system when
the projects provided for in this subchapter are complete and which street shall be either maintained by the State upon completion
pursuant to the requirements of Title 17 and the rules, regulations or standards adopted pursuant thereto; or
2. Shall be built pursuant to county rules and regulations requiring design and building standards and a means or mechanism to
provide for the perpetual maintenance of such suburban community streets as provided herein.
(45 Del. Laws, c. 123, § 2; 46 Del. Laws, c. 292, § 1; 9 Del. C. 1953, § 501; 55 Del. Laws, c. 85, §§ 4A, 4B; 57 Del. Laws, c. 762,
§ 3B; 59 Del. Laws, c. 180, § 2; 60 Del. Laws, c. 133, § 1; 64 Del. Laws, c. 357, § 1; 71 Del. Laws, c. 401, §§ 9-11.)
§ 502 Bonds; power of county government to issue; terms of; faith and credit of county pledged to payment
of bonds.
(a) In order to carry out this subchapter, the government of any county of this State may issue bonds in an amount or amounts, and
under such terms and conditions, not inconsistent with this subchapter as may be determined by such body.
(b) The bonds shall mature not later than 20 years after the date of issue, shall bear interest at the most advantageous rate attainable by
the county government and the income therefrom shall not be subject to state taxation. The bonds shall be issued in the form prescribed
by the county government and shall be either registered bonds or bearer with coupons convertible into fully registered bonds, as may
be determined by the county government. Debt incurred by the county government pursuant to this subchapter may be represented by
uncertificated obligations of the county government which may be authorized in accordance with the same procedures applicable to bonds
which are permitted to be issued under this subchapter, and the county government may determine all procedures appropriate to the
establishment of a system of issuing uncertificated debt. The bonds may, at the discretion of the county government, be made redeemable
at par plus accrued interest on any interest payment date upon terms and conditions to be stated in the bonds.
(c) The full faith and credit of the county is pledged to insure the payment of any bond issue, and all interest thereon, created and
sold under this subchapter.
(d) The county government may raise by the levy of taxes upon all the property taxable by the county such moneys, in addition to
available moneys held in the sinking fund provided for in § 532 of this title, as are needed to pay the bonds and the interest thereon as
the same become due and payable.
(45 Del. Laws, c. 123, §§ 1, 31; 9 Del. C. 1953, § 502; 49 Del. Laws, c. 356, § 1; 55 Del. Laws, c. 85, § 4A; 58 Del. Laws, c. 45;
63 Del. Laws, c. 142, § 7; 64 Del. Laws, c. 318, § 1.)
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Title 9 - Counties
§ 503 Petition to county government for improvements; who may petition; contents.
(a) The freeholders of a suburban community owning 50 percent or more of the front footage of property abutting the contemplated
improvement or improvements in the suburban community may, at any time, present a petition to the county government that shall:
(1) State that, in the opinion of the signers of the petition, the community would be improved by the laying, repairing or completion
of sidewalks or streets, installation of street signs, installation of surface drainage and storm sewers, or any 1 of such improvements; and
(2) Request that the county government proceed in accordance with the provisions of this subchapter to issue bonds to provide the
money for the improvements.
(b) Each petition, when presented, shall have attached to it as a part thereof a drawing, which shall be obtained from the Department
of Transportation, showing the street layout and the extent of the improvements.
(45 Del. Laws, c. 123, § 3; 46 Del. Laws, c. 292, § 2; 48 Del. Laws, c. 90, § 1; 9 Del. C. 1953, § 503; 55 Del. Laws, c. 85, § 4A;
59 Del. Laws, c. 180, § 3; 60 Del. Laws, c. 503, § 22.)
§ 504 Survey and plot of community by State Department of Transportation.
Promptly upon the filing of a petition as prescribed in § 503 of this title, the county government shall adopt a resolution requesting the
State Department of Transportation to survey and make a plot of the community, which shall show:
(1) The boundaries of the community;
(2) The streets as then existing;
(3) The names, location and post-office addresses of all freeholders in the community, as they appear on the records of the board of
assessment of the county in which the suburban community is located; and
(4) The street frontage in feet owned by each freeholder and, in the case of corner properties the street frontage and street sideage
in feet owned by each freeholder.
(45 Del. Laws, c. 123, § 5; 47 Del. Laws, c. 331, § 1; 9 Del. C. 1953, § 504; 55 Del. Laws, c. 85, § 4A; 60 Del. Laws, c. 503, §
22.)
§ 505 Determination by county government after receipt of survey and plot.
Within 15 days after receipt by the county government of the survey and plot required by § 504 of this title, the county government
shall meet and determine whether the community is a suburban community within the meaning of § 501 of this title.
(45 Del. Laws, c. 123, § 4; 46 Del. Laws, c. 292, § 3; 9 Del. C. 1953, § 505; 55 Del. Laws, c. 85, § 4A.)
§ 506 Division of Highways data.
(a) Immediately after the determination by the county government and the Division of Highways of the State Department of
Transportation (Division) that the community in question meets the requirements of a suburban community specified in § 501(5) of this
title, the Division, if such streets are to be maintained by the State, or the county, if such streets are not to be maintained by the State, shall
advise the owners of such community of the requirements of that respective governmental agency. The owners shall be required to prepare
and submit such surveys, plans, specifications and estimates of the cost of the improvement or improvements planned for such community.
(b) The Division or county may within its discretion prepare such surveys, plans, specifications and estimates as may be required on
the owners behalf and may charge such owners reasonable costs for services provided. In no case shall the Division or the county provide
or extend other than minimal costs or services to the owners of such community.
(c) In the preparation and submittal of surveys, plans, specifications and estimates of the cost of such improvements, the Division or
county shall confer with the regional planning commission or department of planning of the county in which the suburban community
is situated, if the county has a regional planning commission or department of planning. In no event shall the width of the right-of-way
in such community be less than 10 feet.
(45 Del. Laws, c. 123, § 6; 9 Del. C. 1953, § 506; 53 Del. Laws, c. 255; 55 Del. Laws, c. 85, § 4A; 59 Del. Laws, c. 215, § 1; 60
Del. Laws, c. 503, § 22; 64 Del. Laws, c. 357, § 4.)
§ 507 Election to authorize bond issue; fixing time for holding.
(a) Upon the submission by the Director of the Division of Highways of the Department of Transportation to the county government of
complete plans, specifications and estimates covering the improvements, the county government shall fix a date for an election, at which
all citizens and real property owners of the community may vote, on the question whether the county government should proceed to issue
bonds in the manner hereinafter provided, in an amount sufficient to finance the cost of the improvements contemplated and shall include
costs estimated by the Division of Highways for preliminary engineering, which shall not be reimbursable in excess of 10 percent of the
estimated project cost, and for construction inspection at the rate of 10 percent of the amount of the contract bid.
(b) The election shall be held not less than 20 days nor more than 60 days after the submission of the plans, specifications and estimates
to the county government.
(45 Del. Laws, c. 123, § 7; 47 Del. Laws, c. 331, § 2; 9 Del. C. 1953, § 507; 53 Del. Laws, c. 255; 55 Del. Laws, c. 85, § 4A; 58
Del. Laws, c. 44, §§ 1, 2; 60 Del. Laws, c. 503, § 22; 60 Del. Laws, c. 609, § 1; 76 Del. Laws, c. 355, § 1.)
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Title 9 - Counties
§ 508 Contents of notice of election.
Thereafter, the election shall be held at such time as may be fixed by the county government and shall be previously advertised by
posting a notice, in 4 of the most public places within the community, at least 30 days prior thereto and by publishing a notice in a
newspaper published within the county of such community and having a general circulation therein, once in each of 4 weeks preceding
the week in which the election is held. Such notice shall state the time and place of the election, and further state that the purpose of the
election is to determine whether a majority of the residents of the community and the real property owners are in favor of the issuance
of bonds by the county government to cover the cost of the improvement or improvements contemplated. The notice shall also state the
total amount of the proposed bond issue and a clear and concise description of each of the improvements contemplated together with the
estimated cost of each improvement and the total cost of all improvements and shall include the costs of preliminary engineering and
construction inspection as set forth elsewhere in this subchapter.
(45 Del. Laws, c. 123, § 8; 47 Del. Laws, c. 331, § 3; 9 Del. C. 1953, § 508; 55 Del. Laws, c. 85, § 4A; 58 Del. Laws, c. 44, § 3;
60 Del. Laws, c. 609, § 2.)
§ 509 Place, time and manner of voting; judge of election.
The election shall be held in the offices of the county governing body in the county in which the suburban community is situated, and
the polls shall be open from 9:00 a.m. to 6:00 p.m. of the day of the election. The voting shall be by printed ballot, which shall give
the voter an opportunity clearly to indicate the voter’s consent or objection to the issuance of bonds for the improvements contemplated.
Absentee ballots may be permitted and managed in such a manner as prescribed by the county government. The clerk of the peace shall
act as judge of the election.
(45 Del. Laws, c. 123, § 9; 9 Del. C. 1953, § 509; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 355, § 2.)
§ 510 Persons entitled to vote.
(a) Every citizen who resides in the community in which the election is being held and who would be entitled at the time of the holding
of such election to register and vote in any election district of which the community is a part at a general election if such general election
were held on the day of such election in the community, and every owner of real property in the community, may vote at such election,
whether or not that owner is at the time a registered voter.
(b) Any real property owner who has sold his or her property or properties in the community subsequent to the preparation of the survey
and plot made by the Department of Transportation shall not be permitted to vote but the then-owner of the property or properties shall
be entitled to vote in the former property owner’s place and stead upon furnishing the judge of election with the original or a certified
copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded.
(c) Any person claiming the right to vote at the election as an heir of any real property owner in the community who has died, or as
trustee or guardian under the terms of the last will and testament of any such real property owner shall furnish the judge of election with
the original or a certified copy of the will or other document evidencing that person’s ownership of, or interest in, the property of any
such real property owner, and shall thereupon be entitled to vote in the place and stead of such deceased real property owner.
(d) Wherever the property of such deceased real property owner in the suburban community is left to joint tenants or tenants in common,
the following rules shall prevail:
(1) The vote of any 1 joint tenant or tenant in common shall be received where no other such tenant appears claiming the right to vote;
(2) Where 1 joint tenant or tenant in common votes in opposition to another, the vote shall be cancelled;
(3) A majority of the votes of any such joint tenants or tenants in common shall determine the manner in which the vote shall be cast;
(4) The vote of any life tenant shall be accepted over the person having a reversionary interest in the property in the suburban
community.
(45 Del. Laws, c. 123, § 9; 9 Del. C. 1953, § 510; 58 Del. Laws, c. 44, §§ 4-7; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 186, §
1.)
§ 511 Certification of result of election; retention of ballots.
Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government
under the judge’s hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
(45 Del. Laws, c. 123, § 10; 9 Del. C. 1953, § 511; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 512 Notification to Director if bond issue authorized.
If the certificate of the judge of election reveals that a majority of the votes cast at the election is in favor of the issuance of bonds
by the county government to cover the cost of the improvement or improvements contemplated, the county government shall promptly
notify, in writing, the Director of the Division of Highways of the Department of Transportation.
(45 Del. Laws, c. 123, § 11; 9 Del. C. 1953, § 512; 53 Del. Laws, c. 255; 55 Del. Laws, c. 85, § 4A; 60 Del. Laws, c. 503, § 22.)
§ 513 Bonds; issuance by county government; resolution authorizing issuance and fixing terms of; use of
general and other funds to finance construction.
(a) If the vote of the community is in the affirmative, the county government shall promptly meet and by resolution authorize the
issuance of bonds, except as hereinafter specifically provided, to defray the expenses of the improvement or improvements favored by the
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Title 9 - Counties
freeholders of the community. The resolution shall not be adopted until after contract bids have been received and thereby the contract cost
definitely determined. The amount of the bond issue shall be determined by taking the cost of the preliminary engineering and construction
inspection costs up to 10 percent of the contract bid and adding the total to the actual contract bid. The resolution shall state the purpose
of the bond issue, the date of maturity, or that the bonds shall mature serially or be retired by lot, as the case may be, and all other terms
and conditions under which the bonds are to be issued.
(b) The county government, before deciding upon the terms and conditions of the bond issue, shall seek the advice of at least 2 substantial
bankers or brokers in Delaware who are accustomed to dealing in municipal, county or state bond issues.
(c) If the contract bid or bids, hereinabove provided, after making provision for 10 percent over and above contract bid or bids, is or
are less than $20,000, the county government may use moneys in its own general fund to defray costs of construction. Notwithstanding
the provisions of § 532 of this title, the county government may also use excess moneys from previous bond issues to finance contract
costs in whole or in part for projects in other suburban communities.
(45 Del. Laws, c. 123, § 12; 46 Del. Laws, c. 292, § 4; 48 Del. Laws, c. 94, § 1; 9 Del. C. 1953, § 513; 55 Del. Laws, c. 85, § 4A;
60 Del. Laws, c. 609, § 3.)
§ 514 Preparation, form and execution of bonds.
The county government shall direct and effect the preparation and printing of the bonds authorized by this subchapter, shall determine
whether such bonds shall be registered or bearer with coupons convertible into fully registered bonds and shall prescribe the form of the
bonds and, in the case of bearer bonds with coupons, the form of the coupons for the payment of interest thereto attached. The bonds
shall state the conditions under which they are issued. The face amount of the bonds and, in the case of bearer bonds with coupons, the
coupons thereto attached shall be payable at such place or places as shall be designated by the county government. The bonds shall be
signed in the manner prescribed by the county government.
(45 Del. Laws, c. 123, § 13; 9 Del. c. 1953, § 514; 55 Del. Laws, c. 85, § 4A; 63 Del. Laws, c. 142, § 8; 64 Del. Laws, c. 318, §
2.)
§ 515 Sale of bonds; proceeds of sale; advertising required.
(a) The county government shall negotiate the sale and delivery of the bonds. The proceeds of the sale of the bonds shall be paid into the
treasury of the county government to be used for the purposes provided in this subchapter; provided, however, that any excess received
from the sale of the bonds beyond the cost of the project shall immediately be transferred to the special sinking fund required by § 532
of this title after payment to the Division of Highways for preliminary engineering and construction inspection costs.
(b) The county government shall advertise the bonds for sale in at least 2 issues each of 2 newspapers, 1 of which shall be published
in a newspaper of general circulation in the City of Wilmington, Delaware, and 1 of which shall be published in the City of New York,
inviting bids for the same, which advertisements shall state the total amount of the proposed issue, the denominations of the bonds, the
place of payment of the bonds and interest, the place and date of opening the bids, and the conditions under which the bonds are to be
sold. The county government may give notice of the sale of the bonds in such other manner as it may decide.
(45 Del. Laws, c. 123, § 14; 46 Del. Laws, c. 292, § 5; 9 Del. C. 1953, § 515; 55 Del. Laws, c. 85, § 4A; 60 Del. Laws, c. 609, §
4.)
§ 516 Requirements for bidding on bonds.
The county government may require that each bid for the bonds be accompanied by a certified check in the amount of 10 percent
of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the county government shall return to the
unsuccessful bidder or bidders the certified check or checks submitted with the bid or bids.
(45 Del. Laws, c. 123, § 5; 46 Del. Laws, c. 292, § 10; 9 Del. C. 1953, § 516; 55 Del. Laws, c. 85, § 4A.)
§ 517 Rejection and acceptance of bids; opinion required.
(a) The county government may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the
person, persons, firm or corporation which, in the judgment of the county government offers the most advantageous terms.
(b) The bonds shall not be offered for sale until the attorney for the county government has submitted that attorney’s opinion in writing
that the bonds have been validly authorized in accordance with the provisions of this subchapter.
(45 Del. Laws, c. 123, § 16; 9 Del. C. 1953, § 517; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 518 Rights-of-way; acquisition of; limitations on.
(a) In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the Division of Highways of the
State Department of Transportation may acquire the rights-of-way necessary for the suburban community construction project. In every
respect, the acquisition of such necessary street rights-of-way shall follow the then current practice of the Division of Highways of the
State Department of Transportation in acquiring rights-of-way for contracts.
(b) In the event of notification by the county government pursuant to § 506 of this title, the Division shall determine whether the streets
in question have been laid out or dedicated prior to January 1, 1971. The Division shall not require the right-of-way for streets laid out
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Title 9 - Counties
or dedicated prior to January 1, 1971, to be greater than 30 feet in width, unless a greater width has been set aside or dedicated in the
original plan or map of such community.
(45 Del. Laws, c. 123, § 33; 48 Del. Laws, c. 94, § 4; 9 Del. C. 1953, § 518; 59 Del. Laws, c. 215, § 2; 60 Del. Laws, c. 503, §
22.)
§ 519 Contracts for improvements; procedure for awarding.
(a) The county government shall award a contract or contracts for the required improvements upon a competitive basis pursuant to
public advertisement of the intention of the county government to receive sealed proposals for the work on the improvements. In every
respect, the letting of the contracts shall follow the practice of the Department of Transportation in letting the Department contracts.
(b) Upon the opening of the sealed proposals, the county government, after consultation with the Department, shall award the contract
or contracts. No contract shall be awarded to any other than the lowest bidder except with the unanimous approval of the members of the
county government and the recommendation of the Department of Transportation, and if a contract should be awarded to a person other
than the lowest bidder, the county government shall state in its minutes the reason or reasons for doing so.
(c) As a condition of the letting of the contracts, the county government shall require the successful bidder or bidders to enter into a
bond for the faithful performance of such contract.
(d) The county government shall have the power to reject all bids.
(45 Del. Laws, c. 123, §§ 17, 18; 48 Del. Laws, c. 94, § 2; 9 Del. C. 1953, § 519; 53 Del. Laws, c. 255; 55 Del. Laws, c. 85, § 4A;
60 Del. Laws, c. 503, § 22.)
§ 520 Exemption from limitations of county contract laws.
Contracts entered into by the county government under the provisions of this subchapter shall in all cases be exempt from monetary
limitations now set forth in county government contract laws.
(45 Del. Laws, c. 123, § 32; 48 Del. Laws, c. 94, § 3; 9 Del. C. 1953, § 520; 55 Del. Laws, c. 85, § 4A.)
§ 521 Supervision of work.
After the awarding of the contract or contracts, all work performed under the contract or contracts shall be under the direct supervision
and direction of the Director of Operations of the Department of Transportation, which Department shall be reimbursed at the rate of
10 percent of the contract bid.
(45 Del. Laws, c. 123, § 18; 9 Del. C. 1953, § 521; 53 Del. Laws, c. 255; 60 Del. Laws, c. 503, § 22; 60 Del. Laws, c. 609, § 5.)
§ 522 Payment to contractor.
The county government shall withhold 10 percent of all payments made under the terms of the contracts until final certification by the
Department of Transportation that the work has been satisfactorily completed, in compliance with the terms of the contract.
(45 Del. Laws, c. 123, § 19; 9 Del. C. 1953, § 522; 53 Del. Laws, c. 255; 55 Del. Laws, c. 85, § 4A; 60 Del. Laws, c. 503, § 22.)
§ 523 Maintenance of improvements.
(a) Upon the certification by the Department of Transportation that the improvement or improvements have been satisfactorily
completed, the improvement or improvements shall be incorporated into the state highway system, and the Department shall be responsible
for the maintenance of the improvement or improvements, to include the replacement of street signs on any portion thereof when deemed
necessary.
(b) All roads and streets constructed pursuant to this chapter, not dedicated for public use and intended to be private, as indicated
on the filing plan, shall be constructed in accordance with rules and regulations adopted by the county in which such road or street is
located. Such rules and regulations for construction of private subdivision streets and roads shall, in addition to specifying standards for
the design and construction thereof, require that, simultaneous with the construction of such streets and roads, a means or mechanism be
provided to insure the perpetual maintenance of such private streets and roads, but in no event shall the State or county be responsible
for such maintenance.
(45 Del. Laws, c. 123, § 19; 9 Del. C. 1953, § 523; 53 Del. Laws, c. 255; 59 Del. Laws, c. 180, § 4; 60 Del. Laws, c. 503, § 22; 64
Del. Laws, c. 357, § 2.)
§ 524 Assessment on real property in suburban community; time for making and basis.
(a) Not later than 30 days after the date of receipt by the county government of the final contract costs from the Department of
Transportation, but in no event later than 8 months after the sale of the bond issue, the county government shall make a special assessment
or levy upon all real property of every freeholder in the suburban community which is assessable and taxable. Such assessment shall be
made in such a manner that the real property of each freeholder of the community, upon the basis of all front footage and in the case of
corner properties all front footage and 50 percent of the side footage abutting upon the improvement or improvements, shall equitably
bear its pro rata share of the costs of the improvement or improvements. In cases of irregular corner properties the Department shall
determine the footage abutting the improvement or improvements that is to be considered as front and side footage. The provisions of
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Title 9 - Counties
this section and other sections in this subchapter relating to side footage shall cover all such projects on which construction is undertaken
after January 1, 1949, but shall not cover projects previously constructed. The sum total of all assessments or levies so made shall equal
the total amount of the final contract cost, together with all interest accruing on the full amount of the bond issue until maturity and costs
incurred by the Division of Highways for preliminary engineering and construction inspection as set forth elsewhere in this subchapter.
(b) In the event that final contract costs are not determined within the aforementioned 8-month period, the county government shall
make a temporary special assessment or levy upon the basis of the contract bid, together with all interest accruing on the full amount of
the bond issue until maturity. The temporary special assessment shall be adjusted when final contract costs are known.
(c) If moneys from the general fund of the county government are used as permitted by § 513(c) of this title, the special assessment
shall be determined on the basis of final contract costs plus interest. The interest rate in such case shall be the average rate of all interest
on bonds issued for similar purposes during the previous calendar year. All interest collected from such special assessments shall be
deposited in the special sinking fund account provided for in § 532 of this title.
(d) In making such special assessment or levy the county government shall prepare an assessment roll which shall describe each lot
or parcel of real property in the suburban community in such manner that the same may be ascertained and identified and shall show the
name or names of the reputed owner or owners thereof and the aggregate amount of the assessment levied upon such lot or parcel of land,
and shall file such assessment roll so prepared in the office of the clerk of the peace. Before finally adopting such assessment roll, the
county government shall hold a public hearing. Notice of such public hearing shall state that the assessment roll has been completed and
filed in the office of the clerk of the peace where it may be examined by any person interested and that at the time and place fixed for
the public hearing, the county government will meet and hear and consider any objections which may be made to such assessment roll.
Notice of the public hearing shall be published in a newspaper published within the county and having a general circulation therein, once
in each of the 2 weeks immediately preceding the week in which the public hearing is to be held. After holding the public hearing the
county government may change or amend the assessment roll as it deems necessary or just and may confirm and adopt the assessment
roll as originally proposed or as amended or changed.
(45 Del. Laws, c. 123, § 20; 46 Del. Laws, c. 292, § 6; 47 Del. Laws, c. 331, § 4; 9 Del. C. 1953, § 524; 55 Del. Laws, c. 85, §
4A; 60 Del. Laws, c. 503, § 22; 60 Del. Laws, c. 609, § 6.)
§ 525 Determination of portion of total assessment payable annually; special lien; payment.
(a) After the county government has determined the total amount of the special assessment to be levied, it shall promptly seek the
advice of at least 2 responsible brokers or bankers in this State accustomed to dealing in municipal, school or county bond issues as to
what proportion of his or her total assessment or levy shall be paid annually by each freeholder in the suburban community until the
maturity of the bond issue, bearing in mind the terms and conditions of the particular issue, and whether all the bonds mature on the same
day or are to be retired serially or by lot, as the case may be.
(b) Having determined upon such proportionate annual amount of payment as will adequately insure the payment of the principal and
interest upon the bonds, the county government shall meet, and, by resolution, declare the amount of the assessment or levy against the
property of each freeholder a lien and fix the proportionate amount of the assessment or levy against each such property or properties
to be paid annually by each freeholder.
(c) Any freeholder may at any time pay to the receiver of taxes and county treasurer of the county in which the suburban community is
located, the full principal amount of the special lien placed against the freeholder’s property or properties together with accrued interest
thereon to the next succeeding interest date.
(45 Del. Laws, c. 123, § 21; 9 Del. C. 1953, § 525; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 526 Lien book; preparation and distribution.
(a) Within 30 days after the passage of the resolution mentioned in § 525 of this title, the county government shall prepare books, in
triplicate, containing the following information:
(1) The name of each freeholder in the suburban community;
(2) The amount of foot frontage of each freeholder abutting on the improvement or improvements so contemplated;
(3) The total amount, in dollars, of the special assessment or levy against the property of each freeholder; and
(4) The proportionate annual amount of payment in dollars, of the special assessment or levy.
(b) The books shall be entitled “Suburban Community Lien Book,” specifying the name of the suburban community.
(c) One of the books shall be retained by the county government, 1 shall be placed in the office of the prothonotary of the county in which
the suburban community is situated, and another shall be placed in the office of the receiver of taxes and county treasurer in the county.
(45 Del. Laws, c. 123, § 22; 46 Del. Laws, c. 292, § 7; 9 Del. C. 1953, § 526; 55 Del. Laws, c. 85, § 4A.)
§ 527 Notice of assessment; when to be given; contents; interest on delinquent installments.
(a) Within 20 days after the completion of the triplicate books mentioned in § 526 of this title, the receiver of taxes and county treasurer
shall send, by registered mail directed to each freeholder in the suburban community, a notice which shall contain the total amount in
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Title 9 - Counties
dollars of the special assessment or levy against the freeholder and the proportionate annual amount of the payment in dollars which the
freeholder will be required to make until the maturity of the bond issue.
(b) The notice shall also specify that the total amount of such special assessment or levy constitutes a lien upon the property or properties
of the freeholder, which lien, unless sooner paid, shall attach against the property of the freeholder until the maturity of the bond issue.
(c) The notice shall further state that if any freeholder in the suburban community does not pay to the receiver of taxes and county
treasurer of the county in which the suburban community is situated the proportionate annual amount of the freeholder’s special assessment
or levy within 60 days from the date of the mailing of the notice, interest at 6 percent per annum will be charged upon the proportionate
annual amount of the special assessment or levy beginning 60 days after mailing of the notice and continuing until the assessment is
fully paid.
(45 Del. Laws, c. 123, § 23; 46 Del. Laws, c. 292, §§ 8, 9; 9 Del. C. 1953, § 527; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186,
§ 1.)
§ 528 Record of lien on books of board of assessment.
The county government shall direct the board of assessment for the county in which the suburban community is situated to cause the
words “Special Community Lien” to be placed beside the name of each freeholder in the suburban community as the same appears on
the books of the board of assessment for the county in order that persons such as prospective buyers of, or attorneys making title searches
upon, the properties making inquiry at the office of the board of assessment in such county concerning county taxes may be informed
that special liens exist against the properties in the suburban community.
(45 Del. Laws, c. 123, § 24; 9 Del. C. 1953, § 528; 55 Del. Laws, c. 85, § 4A.)
§ 529 Receipt and disposition of assessment payments; bond.
(a) The receiver of taxes and county treasurer for the county in which the suburban community is situated shall receive payment of
the proportionate annual amount of the special assessment or levy, and shall turn over to the county government all such moneys when
received. The county government shall confer with the receiver of taxes and county treasurer and determine upon a satisfactory method
for the setting up of books of account to be kept by the receiver of taxes and county treasurer concerning his or her collections of the
proportionate annual amounts of the special assessment or levy.
(b) The county government may require the receiver of taxes and county treasurer to enter into a bond conditioned upon the faithful
performance of his or her duties in the making of the collections of the special assessments or levies.
(45 Del. Laws, c. 123, § 25; 9 Del. C. 1953, § 529; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 530 Bill for annual installment of assessment; mailing.
The receiver of taxes and county treasurer shall annually, on the date of the sending of the written notice prescribed by § 527 of this
title, mail to each freeholder in the suburban community a bill for the proportionate annual amount of the special assessment or levy.
(45 Del. Laws, c. 123, § 26; 9 Del. C. 1953, § 530.)
§ 531 Collection of assessments in default; procedure; deficiencies.
(a) If a freeholder in the suburban community fails to pay the full amount of the freeholder’s proportionate annual amount of the special
assessment or levy within 1 year from the time within which it becomes payable, together with interest at 6 percent thereon, the entire
amount of the special assessment or levy shall immediately become due and payable, and the receiver of taxes and county treasurer shall
proceed to collect the full amount of the special assessment or levy by any legal process available to him or her by statute for the collection
of state, county or school taxes.
(b) If any property encumbered by the special lien provided for in this section is sold by foreclosure or execution process and the
proceeds from such sale are insufficient to pay in full the amount of the special lien together with all interest and penalties thereon, then
the unpaid portion of the special lien shall not be discharged by virtue of the sale.
(45 Del. Laws, c. 123, § 27; 9 Del. C. 1953, § 531; 70 Del. Laws, c. 186, § 1.)
§ 532 Special sinking fund.
The county government shall promptly deposit all funds received from the receiver of taxes and county treasurer from the collection
of the special assessment or levy in a special sinking fund account, which shall be used for no other purpose than the retiring of the
bonds and interest accruing thereon, after payment has been made to the Division of Highways for costs incurred as set forth elsewhere
in this subchapter.
(45 Del. Laws, c. 123, § 28; 9 Del. C. 1953, § 532; 55 Del. Laws, c. 85, § 4A; 60 Del. Laws, c. 609, § 7.)
§ 533 Payment and retirement of bonds and interest.
Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county
government shall make available sufficient funds to cover the retirement of such bonds or the payment of interest thereon.
(45 Del. Laws, c. 123, § 30; 9 Del. C. 1953, § 533; 55 Del. Laws, c. 85, § 4A; 63 Del. Laws, c. 142, § 9.)
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Title 9 - Counties
§ 534 Cancellation of bonds.
The county government may adopt such procedure as it deems proper in cancelling the bonds when paid.
(45 Del. Laws, c. 123, § 29; 9 Del. C. 1953, § 534; 55 Del. Laws, c. 85, § 4A.)
§ 535 Suburban community streets and roads.
All roads and streets situated in unincorporated suburban communities throughout the State shall henceforth be constructed or
reconstructed in accordance with the requirements of Title 17 and any rules, regulations or standards adopted pursuant thereto, except
as otherwise provided in this chapter.
(63 Del. Laws, c. 130, § 2; 64 Del. Laws, c. 357, § 3.)
Subchapter II
Fire Hydrants and Water Mains
§ 551 Definitions.
As used in this subchapter:
(1) “Clerk of the peace” means the clerk of the peace of the county in which the suburban community is situated.
(2) “County government” means the county governing body;
(3) “Suburban community” means any unincorporated community within this State:
a. Containing at least 10 dwelling houses;
b. Whose streets aggregate a minimum of 500 linear feet of road surfacing; and
c. Which, in the opinion of the county government, is so situated as to form a unit which is reasonably and economically capable
of being improved by the installation of fire hydrants and, if necessary, adequate water mains to serve such hydrants;
(48 Del. Laws, c. 331, § 2; 9 Del. C. 1953, § 551; 55 Del. Laws, c. 85, § 4A.)
§ 552 Bonds; power of county government to issue; terms of; faith and credit of county pledged to payment
of bonds.
(a) In order to carry out the provisions of this subchapter, the county government of any county of this State may issue bonds in an
amount or amounts, and under such terms and conditions, not inconsistent with this subchapter, as may be determined by the county
government.
(b) The bonds shall mature not later than 20 years after the date of the issue, shall bear interest at the most advantageous rate attainable
by the county government and the income therefrom shall not be subject to state taxation. The bonds shall be issued in the form prescribed
by the county government and shall be either registered bonds or bearer with coupons convertible into fully registered bonds. The bonds
may, at the discretion of the county government, be made redeemable at par plus accrued interest on any interest payment date upon
terms and conditions to be stated in the bonds. Debt incurred by the county government pursuant to this subchapter may be represented
by uncertificated obligations of the county government which may be authorized in accordance with the same procedures applicable to
bonds which are permitted to be issued under this subchapter, and the county government may determine all procedures appropriate to
the establishment of a system of issuing uncertificated debt.
(c) The full faith and credit of the county is pledged to insure the payment of any bond issue, and all interest thereon, created and
sold under this subchapter.
(d) The county government may raise by the levy of taxes upon all the property taxable by the county such moneys, in addition to
available moneys held in the sinking fund provided for in § 578 of this title, as are needed to pay the bonds and the interest thereon as
the same become due and payable.
(48 Del. Laws, c. 331, §§ 1, 29; 9 Del. C. 1953, § 552; 49 Del. Laws, c. 356, § 2; 55 Del. Laws, c. 85, § 4A; 63 Del. Laws, c. 142,
§ 10; 64 Del. Laws, c. 318, § 3.)
§ 553 Petition to county government for improvements; who may petition; contents.
(a) The freeholders of a suburban community owning 50 percent or more of the front footage of property to be protected by the
contemplated installation of fire hydrants and necessary water mains may present a petition to the county government.
(b) The petition shall:
(1) State that in the opinion of the signers of the petition, the suburban community would be improved by the installation of fire
hydrants with adequate water mains; and
(2) Request that the county government proceed in accordance with the provisions of this subchapter to issue bonds to provide the
money for the improvements.
(c) Each petition, when presented, shall have attached to it, as a part thereof, the following data:
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Title 9 - Counties
(1) A drawing showing the street layout, placement of fire hydrants and water mains and boundaries of the area to be protected by
the installation thereof;
(2) A list of the names and post-office addresses of all freeholders in the suburban community, as they appear on the records of
the board of assessment of the county in which the suburban community is located, and the street frontage in feet owned by each of
such freeholders;
(3) A proposal or suggested contract or contracts, including plans, specifications and estimates of cost of the contemplated
improvements; and
(4) A provision for service charges, if any, to the residents of the suburban community as tentatively accepted, approved or agreed to
by the petitioners and the owners or operators of the local water distribution system chosen to install the improvements or their agents.
(48 Del. Laws, c. 331, § 3; 9 Del. C. 1953, § 553; 55 Del. Laws, c. 85, § 4A.)
§ 554 Determination by county government after receipt of petition.
Within 15 days after receipt by the county government of the petition provided for in § 553 of this title, the county government shall
meet and determine whether the community is a suburban community within the meaning of § 551 of this title.
(48 Del. Laws, c. 331, § 4; 9 Del. C. 1953, § 554; 55 Del. Laws, c. 85, § 4A.)
§ 555 Review and approval of data by county engineer.
Immediately after the determination by the county government that the community in question meets the requirements for a suburban
community specified in § 551 of this title, the county government shall notify the county engineer of its determination. Upon receipt of
such notice, the county engineer shall promptly review the plans and proposals submitted by the petitioners and the owner or operator
of the local water distribution system chosen to install the improvements, and shall notify the county government of his or her approval
or disapproval thereof.
(48 Del. Laws, c. 331, § 5; 9 Del. C. 1953, § 555; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 556 Election to authorize bond issue; fixing time for holding; voting list.
(a) Upon receipt of approval from the county engineer, as provided for in § 555 of this title, the county government shall fix a date for
an election, at which all freeholders of the community may vote, on the question whether the county government should proceed to issue
bonds in the manner hereinafter provided, in an amount sufficient to finance the cost of the improvements contemplated.
(b) The election shall be held not less than 20 days nor more than 30 days after receipt of the approval from the county engineer.
(c) The clerk of the peace shall prepare from the books and records of the board of assessment of the county in which the suburban
community is situated, a list of the names and addresses of all freeholders of the suburban community. Opposite the name of each
freeholder the clerk shall put the number of votes each such freeholder may cast, which shall be on the basis of 1 vote for each front foot
of property owned by each freeholder to be protected by the contemplated improvement or improvements. In determining the number of
votes to be cast by each freeholder as set forth above, the fractions of feet shall be disregarded. Such list, except as hereinafter provided,
shall constitute the voting list for the election.
(48 Del. Laws, c. 331, § 6; 9 Del. C. 1953, § 556; 55 Del. Laws, c. 85, § 4A.)
§ 557 Notice of election; contents of notice.
Not less than 12 days prior to the date fixed for the election, the clerk of the peace shall cause to be mailed to each person on the voting
list, at the address appearing on the list, a printed notice of the time and place of the election. The notice shall state that the purpose of the
election is to determine whether a majority of the residents of the community is in favor of the issuance of bonds by the county government
to cover the cost of the improvement or improvements contemplated. The notice shall also state the total amount of the proposed bond
issue and a clear and concise description of the improvements contemplated together with the estimated cost of each improvement and
the total cost of all improvements.
(48 Del. Laws, c. 331, § 7; 9 Del. C. 1953, § 557; 55 Del. Laws, c. 85, § 4A.)
§ 558 Place, time and manner of voting; judge of election.
The election shall be held in the county government room in the county in which the suburban community is situated, and the polls
shall be open from 9:00 a.m. to 6:00 p.m. of the day of the election. The voting shall be by printed ballot, which shall give the voter an
opportunity clearly to indicate that voter’s consent or objection to the issuance of bonds for the improvements contemplated. The clerk
of the peace shall act as judge of the election.
(48 Del. Laws, c. 331, § 8; 9 Del. C. 1953, § 558; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 559 Persons qualified to vote.
(a) The voting list theretofore prepared by the clerk of the peace shall be evidence of the right of a person to vote and the number of
votes to which each freeholder is entitled, except as hereinafter provided.
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Title 9 - Counties
(b) Any freeholder who has sold his or her property or properties in the community prior to the date of the election shall not be permitted
to vote but the then-owner of the property or properties shall be entitled to vote in his or her place and stead upon furnishing the judge
of election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was
duly recorded.
(c) Any person claiming the right to vote at the election as an heir of any freeholder in the community who has died since the preparation
of the voting list, or as trustee or guardian under the terms of the last will and testament of any such freeholder (who has died in the
community since the preparation of the voting list) shall furnish the judge of election with the original or a certified copy of the will or
other document evidencing that person’s ownership of, or interest in, the property of any such freeholder, and shall thereupon be entitled
to vote in the place and stead of such deceased freeholder.
(d) Wherever the property of such deceased freeholder in the suburban community is left to joint tenants or tenants in common, the
following rules shall prevail:
(1) The vote of any 1 joint tenant or tenant in common shall be received where no other such tenant appears claiming the right to vote;
(2) Where 1 joint tenant or tenant in common votes in opposition to another, the vote shall be cancelled;
(3) A majority of the votes of any such joint tenants or tenants in common shall determine the manner in which the vote shall be cast;
(4) The vote of any life tenants shall be accepted over the person having a reversionary interest in the property in the suburban
community.
(48 Del. Laws, c. 331; 9 Del. C. 1953, § 559; 70 Del. Laws, c. 186, § 1.)
§ 560 Certification of result of election; retention of ballots.
Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government
under the judge’s hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
(48 Del. Laws, c. 331, § 9; 9 Del. C. 1953, § 560; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 561 Notification to county engineer if bond issue authorized.
If the certificate of the judge of election reveals that a majority of the votes cast at the election is in favor of the issuance of bonds
by the county government to cover the cost of the improvement or improvements contemplated, the county government shall promptly
so notify, in writing, the county engineer.
(48 Del. Laws, c. 331, § 10; 9 Del. C. 1953, § 561; 55 Del. Laws, c. 85, § 4A.)
§ 562 Bonds; issuance of by county government; resolution authorizing issuance and fixing terms of; use of
general funds in lieu of issuing bonds.
(a) If the vote of the community is in the affirmative, the county government shall promptly meet and by resolution authorize the
issuance of bonds, except as hereinafter specifically provided, to defray the expenses of the improvement or improvements favored by
the freeholders of the community. The resolution shall also state:
(1) The total amount of the bond issue (which shall be determined from an estimate submitted to the county government by the county
engineer and the amount of the bond issue may be in the amount of the county engineer’s estimate and up to 10 percent thereover);
(2) The purpose of the bond issue;
(3) The date of maturity, or that the bonds shall mature serially or be retired by lot, as the case may be; and
(4) All other terms and conditions under which the bonds are to be issued.
(b) The county government, before deciding upon the terms and conditions of the bond issue, shall seek the advice of at least 2 substantial
bankers or brokers in Delaware accustomed to dealing in municipal, county or state bond issues.
(c) If the estimate or estimates from the county engineer, as hereinabove provided, after making provision for 10 percent over and
above estimated costs, is or are less than $20,000, the county government may use moneys in its own general fund to defray costs of
the improvements.
(48 Del. Laws, c. 331, § 11; 9 Del. C. 1953, § 562; 55 Del. Laws, c. 85, § 4A.)
§ 563 Preparation, form and execution of bonds.
The county government shall direct and effect the preparation and printing of the bonds authorized by this subchapter, shall determine
whether such bonds shall be registered or bearer with coupons convertible into fully registered bonds and shall prescribe the form of the
bonds and, in the case of bearer bonds with coupons, the form of the coupons for the payment of interest thereto attached. The bonds
shall state the conditions under which they are issued. The face amount of the bonds and, in the case of bearer bonds with coupons, the
coupons thereto attached shall be payable at such place or places as shall be designated by the county government. The bonds shall be
signed in the manner prescribed by the county government.
(48 Del. Laws, c. 331, § 12; 9 Del. C. 1953, § 563; 55 Del. Laws, c. 85, § 4A; 63 Del. Laws, c. 142, § 11; 64 Del. Laws, c. 318, §
4.)
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§ 564 Sale of bonds; proceeds of sale; advertising required.
(a) The county government shall negotiate the sale and delivery of the bonds. The proceeds of the sale of the bonds shall be paid into
the treasury of the county government to be used for the purposes provided in this subchapter; provided, however, any excess received
from the sale of the bonds beyond the cost of the project shall immediately be transferred to the special sinking fund required by § 578
of this title.
(b) The county government shall advertise the bonds for sale in at least 2 issues each of 2 newspapers, 1 of which shall be published
in a newspaper of general circulation in the City of Wilmington, Delaware, and 1 of which shall be published in the City of New York,
inviting bids for the same, which advertisements shall state the total amount of the proposed issue, the denominations of the bonds, the
place of payment of the bonds and interest, the place and date of opening the bids, and the conditions under which the bonds are to be
sold. The county government may give notice of the sale of the bonds in such other manner as it may decide.
(48 Del. Laws, c. 331, § 13; 9 Del. C. 1953, § 564; 55 Del. Laws, c. 85, § 4A.)
§ 565 Requirements for bidding on bonds.
The county government may require that each bid for the bonds be accompanied by a certified check in the amount of 10 percent
of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the county government shall return to the
unsuccessful bidder or bidders the certified check or checks submitted with the bid or bids.
(48 Del. Laws, c. 331, § 14; 9 Del. C. 1953, § 565; 55 Del. Laws, c. 85, § 4A.)
§ 566 Rejection and acceptance of bids; opinion required.
(a) The county government may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the
person, persons, firm or corporation which, in the judgment of the county government, offers the most advantageous terms.
(b) The bonds shall not be offered for sale until the attorney for the county government has submitted the attorney’s opinion in writing
that the bonds have been validly authorized in accordance with the provisions of this subchapter.
(48 Del. Laws, c. 331, § 15; 9 Del. C. 1953, § 566; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 567 Contracts for improvements; procedure for awarding; terms.
Immediately upon consummation of the sale of the bond issue, the county government shall proceed to enter into a contract or contracts
for the required improvements with the owner or operator of the local water distribution system chosen to install the improvements or
the owner’s or operator’s agents. Such contract or contracts shall contain the provisions required by § 569 of this title and shall be
substantially in accordance with the proposal or suggested contracts originally submitted by the petitioners in accordance with § 553 of
this title. The contract or contracts need not be let upon a competitive bid basis. The county government may, in its discretion, request a
statement of financial condition, or such other evidence of financial responsibility as it shall deem appropriate, from the owner or operator
of said local water distribution system or the owner’s or operator’s agents.
(48 Del. Laws, c. 331, § 16; 9 Del. C. 1953, § 567; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 568 Payment to contractor.
The county government shall withhold 10 percent of all payments made under the terms of the contracts until final certification by the
county engineer that the work has been satisfactorily completed, in compliance with the terms of the contract.
(48 Del. Laws, c. 331, § 17; 9 Del. C. 1953, § 568; 55 Del. Laws, c. 85, § 4A.)
§ 569 Improvements incorporated into contractor’s system; responsibility for maintenance; inspections of
fire hydrants and connecting water mains; testing of fire-fighting equipment.
(a) Upon the certification by the county engineer that the improvement or improvements have been satisfactorily completed, the
improvement or improvements shall be incorporated into the water system serving the community, in accordance with the terms of the
contract or contracts which shall also provide that the owner or operator of the water system shall be responsible for the operation and
maintenance of the improvement or improvements and that the county government shall in no way be responsible for the operation or
maintenance of the improvement or improvements. The improvement or improvements shall, however, remain the property of the county
and, except as otherwise provided in such contract or contracts, shall be subject to the control of the county government.
(b) Any duly organized fire company, including volunteer fire companies, may inspect and test all fire hydrants and all water mains
serving such hydrants located within the area that such company already operates and shall report its findings to the State Fire Marshal,
the owners or operators of the water distribution systems serving such fire hydrants and water mains and to the municipality or local
government having jurisdiction over such water system. In addition thereto, a fire company shall be permitted to utilize fire hydrants
designated in advance by the owners or operators of a water distribution system and within the area that such company operates for testing
fire-fighting equipment. At least 24 hours prior to any inspection or test or testing of fire-fighting equipment, the water distribution system
and the municipality or local government having jurisdiction over such water system shall be notified. At the request of the owners or
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Title 9 - Counties
operators and for good cause shown, the State Fire Marshal may postpone an inspection or test or testing of fire-fighting equipment for
not more than 10 days.
(48 Del. Laws, c. 331, § 17; 9 Del. C. 1953, § 569; 55 Del. Laws, c. 85, § 4A; 62 Del. Laws, c. 256, § 1.)
§ 570 Assessment on real property in suburban community; time for making and basis.
(a) Not later than 30 days after the date of receipt by the county government of the final contract costs from the county engineer, but
in no event later than 8 months after the sale of the bond issue, the county government shall make a special assessment or levy upon all
real property of every freeholder in the suburban community which is assessable and taxable. Such assessment shall be made in such a
manner that the real property of each freeholder of the community, upon the basis of all front footage within the area to be protected by
the improvements, shall equitably bear its pro rata share of the costs of the improvement or improvements. In cases of irregular corner
properties, the county engineer shall determine the footage in the area to be protected that shall be considered as front footage. The sum
total of all assessments or levies, so made, shall equal the total amount of the final contract cost, together with all interest accruing on
the full amount of the bond issue until maturity.
(b) If final contract costs are not determined within the aforementioned 8 month period, the county government shall make a temporary
special assessment or levy upon the basis of the contract bid, together with all interest accruing on the full amount of the bond issue until
maturity. The temporary special assessment shall be adjusted when final contract costs are known.
(c) If moneys from the general fund of the county government are used as permitted by § 562(c) of this title, the special assessment
shall be determined on the basis of final contract costs plus interest. The interest rate in such case shall be the average rate of all interest
on bonds issued for similar purposes during the previous calendar year. All interest collected from such special assessments shall be
deposited in the special sinking fund account provided for in § 578 of this title.
(d) In making such special assessment or levy the county government shall prepare an assessment roll which shall describe each lot
or parcel of real property in the suburban community in such manner that the same may be ascertained and identified and shall show
the name or names of the reputed owner or owners thereof and the aggregate amount of the assessment levied upon such lot or parcel
of land, and shall file such assessment roll so prepared in the office of the clerk of the county government. Before finally adopting such
assessment roll, the county government shall hold a public hearing. Notice of such public hearing shall state that the assessment roll has
been completed and filed in the office of the clerk of the county government where it may be examined by any person interested and, that
at the time and place fixed for the public hearing, the county government will meet and hear and consider any objections which may be
made to such assessment roll. Notice of the public hearing shall be published in a newspaper published within the county and having a
general circulation therein, once in each of the 2 weeks immediately preceding the week in which the public hearing is to be held. After
holding the public hearing the county government may change or amend the assessment roll as it deems necessary or just and may confirm
and adopt the assessment roll as originally proposed or as amended or changed.
(48 Del. Laws, c. 331, § 18; 9 Del. C. 1953, § 570; 55 Del. Laws, c. 85, § 4A.)
§ 571 Determination of portion of total assessment payable annually; special lien; payment.
(a) After the county government has determined the total amount of the special assessment to be levied, it shall promptly seek the
advice of at least 2 responsible brokers or bankers in this State accustomed to dealing in municipal, school or county bond issues as to
what proportion of his or her total assessment or levy shall be paid annually by each freeholder in the suburban community until the
maturity of the bond issue, bearing in mind the terms and conditions of the particular issue, and whether all the bonds mature on the same
day or are to be retired serially or by lot, as the case may be.
(b) Having determined upon such proportionate annual amount of payment as will adequately insure the payment of the principal and
interest upon the bonds, the county government shall meet and, by resolution, declare the amount of the assessment or levy against the
property of each freeholder a lien and fix the proportionate amount of the assessment or levy against each such property or properties
to be paid annually by each freeholder.
(c) Any freeholder may at any time pay to the receiver of taxes and county treasurer of the county in which the suburban community is
located, the full principal amount of the special lien placed against that freeholder’s property or properties together with accrued interest
thereon to the next succeeding interest date.
(48 Del. Laws, c. 331, § 19; 9 Del. C. 1953, § 571; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 572 Lien book; preparation and distribution.
(a) Within 30 days after the passage of the resolution referred to in § 571 of this title, the county government shall prepare books, in
triplicate, containing the following information:
(1) The name of each freeholder in the suburban community;
(2) The amount of foot frontage of each freeholder abutting on the improvement or improvements so contemplated;
(3) The total amount, in dollars, of the special assessment or levy against the property of each freeholder; and
(4) The proportionate annual amount of payment, in dollars, of the special assessment or levy.
(b) The books shall be entitled “Suburban Community Lien Book,” specifying the name of the suburban community.
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Title 9 - Counties
(c) One of the books shall be retained by the county government, 1 shall be placed in the office of the prothonotary of the county in which
the suburban community is situated, and another shall be placed in the office of the receiver of taxes and county treasurer in the county.
(48 Del. Laws, c. 331, § 20; 9 Del. C. 1953, § 572; 55 Del. Laws, c. 85, § 4A.)
§ 573 Notice of assessment; when to be given; contents; interest on delinquent installments.
(a) Within 20 days after the completion of the triplicate books mentioned in § 572 of this title, the receiver of taxes and county treasurer
shall send, by registered mail directed to each freeholder in the suburban community, a notice which shall contain the total amount, in
dollars, of the special assessment or levy against the freeholder and the proportionate annual amount of the payment, in dollars, which
the freeholder will be required to make until the maturity of the bond issue.
(b) The notice shall also specify that the total amount of such special assessment or levy constitutes a lien upon the property or properties
of the freeholder, which lien, unless sooner paid, shall attach against the property of the freeholder until the maturity of the bond issue.
(c) The notice shall further state that if any freeholder in the suburban community does not pay to the receiver of taxes and county
treasurer of the county in which the suburban community is situated the proportionate annual amount of the freeholder’s special assessment
or levy within 60 days from the date of the mailing of the notice, interest at 6 percent per annum will be charged upon the proportionate
annual amount of the special assessment or levy beginning 60 days after mailing of the notice and continuing until the assessment is
fully paid.
(48 Del. Laws, c. 331, § 21; 9 Del. C. 1953, § 573; 70 Del. Laws, c. 186, § 1.)
§ 574 Record of lien on books of board of assessment.
The county government shall direct the board of assessment for the county in which the suburban community is situated to cause the
words “Special Community Lien” to be placed beside the name of each freeholder in the suburban community as the same appears on
the books of the board of assessment for the county in order that persons such as prospective buyers of, or attorneys making title searches
upon, the properties making inquiry at the office of the board of assessment in such county concerning county taxes may be informed
that special liens exist against the properties in the suburban community.
(48 Del. Laws, c. 331, § 22; 9 Del. C. 1953, § 574; 55 Del. Laws, c. 85, § 4A.)
§ 575 Receipt and disposition of assessments; bond.
(a) The receiver of taxes and county treasurer for the county in which the suburban community is situated shall receive payment of
the proportionate annual amount of the special assessment or levy, and shall turn over to the county government all such moneys when
received. The county government shall confer with the receiver of taxes and county treasurer and determine upon a satisfactory method
for the setting up of books of account to be kept by the receiver of taxes and county treasurer concerning his or her collections of the
proportionate annual amounts of the special assessment or levy.
(b) The county government may require the receiver of taxes and county treasurer to enter into a bond conditioned upon the faithful
performance of his or her duties in the making of the collections of the special assessments or levies.
(48 Del. Laws, c. 331, § 23; 9 Del. C. 1953, § 575; 55 Del. Laws, c. 85, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 576 Bill for annual installment of assessment; mailing.
The receiver of taxes and county treasurer shall annually, on the date of the sending of the written notice prescribed by § 573 of this
title, mail to each freeholder in the suburban community a bill for the proportionate annual amount of the special assessment or levy.
(48 Del. Laws, c. 331, § 24; 9 Del. C. 1953, § 576.)
§ 577 Collection of assessments in default; procedure; deficiencies.
(a) If a freeholder in the suburban community fails to pay the full amount of the freeholder’s proportionate annual amount of the special
assessment or levy within 1 year from the time within which it becomes payable, together with interest at 6 percent thereon, the entire
amount of the special assessment or levy shall immediately become due and payable, and the receiver of taxes and county treasurer shall
proceed to collect the full amount of the special assessment or levy by any legal process available to the receiver of taxes and county
treasurer by statute for the collection of state, county or school taxes.
(b) If any property encumbered by the special lien provided for in this section is sold by foreclosure or execution process and the
proceeds from such sale are insufficient to pay in full the amount of the special lien together with all interest and penalties thereon, then
the unpaid portion of the special lien shall not be discharged by virtue of the sale.
(48 Del. Laws, c. 331, § 25; 9 Del. C. 1953, § 577; 70 Del. Laws, c. 186, § 1.)
§ 578 Special sinking fund.
The county government shall promptly deposit all funds received from the receiver of taxes and county treasurer from the collection
of the special assessment or levy in a special sinking fund account, which shall be used for no other purpose than the retiring of the bonds
and interest accruing thereon.
(48 Del. Laws, c. 331, § 26; 9 Del. C. 1953, § 578; 55 Del. Laws, c. 85, § 4A.)
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Title 9 - Counties
§ 579 Payment and retirement of bonds and interest.
Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county
government shall make available sufficient funds in a state or national bank where the principal and interest are payable, to cover the
retirement of such bonds or the payment of interest thereon.
(48 Del. Laws, c. 331, § 28; 9 Del. C. 1953, § 579; 55 Del. Laws, c. 85, § 4A; 63 Del. Laws, c. 142, § 12.)
§ 580 Cancellation of bonds.
The county government may adopt such procedure as it deems proper in cancelling the bonds when paid.
(48 Del. Laws, c. 331, § 27; 9 Del. C. 1953, § 580; 55 Del. Laws, c. 85, § 4A.)
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 6
Suburban Parks and Recreation
Subchapter I
General Provisions
§ 601 Purpose.
The purpose of this chapter is to provide a procedure whereby the people of various unincorporated communities may establish and
maintain parks and other recreational facilities and pay for the same through county bonds, the interest on and principal of such bonds
to be collected by taxation of the community benefited.
(9 Del. C. 1953, § 601; 49 Del. Laws, c. 112, § 1.)
§ 602 Definitions.
As used in this chapter:
(1) “Clerk of the county government” means the clerk of the peace of the county in which the suburban park community is situated.
(2) “Commission” means the county park and recreation commission.
(3) “County government” means the county governing body.
(4) “Legal voter” means every citizen resident in a proposed or existing suburban park community, who would be entitled at the time
of holding an election hereunder to register and vote in any election district of which a proposed or existing suburban park community
is a part at a general election, if such general election were to be held at the time of any election under this chapter whether or not
he or she is at that time a registered voter.
(5) “Park or recreation area” means any area of real estate located within or reasonably near the suburban park community suitable
for the promotion of the health and recreation of the residents of the suburban community.
(6) “Suburban park community” means any unincorporated community within the State:
a. Containing at least 50 dwellings, and
b. Which, in the opinion of the county government is so situated as to form a unit which is reasonably, equitably and economically
capable of being improved by the addition of a park or recreation area located reasonably near such suburban park community.
(9 Del. C. 1953, § 602; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4A; 70 Del. Laws, c. 186, § 1.)
§ 603 Tax exemption of parks and recreation areas.
All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired
for such use or purpose under the provisions of this chapter shall be forever free from state and county taxation so long as used for such
purposes.
(9 Del. C. 1953, § 603; 49 Del. Laws, c. 112, § 1.)
§ 604 Application of chapter.
(a) This chapter shall apply only in Kent and Sussex Counties.
(b) Parks and recreational facilities in the unincorporated communities of New Castle County shall be under the supervision of the
Department of Parks and Recreation as provided in Chapter 13 of this title.
(9 Del. C. 1953, § 604; 55 Del. Laws, c. 85, § 5.)
Subchapter II
County Park and Recreation Commissions
§ 610 Creation; membership; terms; qualifications; vacancy.
(a) The county government of any county may establish a permanent county park and recreation commission.
(b) The commission shall consist of 5 members all of whom shall be residents of the county for a period of 3 years immediately
preceding their appointments and only 3 of whom shall be affiliated with the same political party. One member shall be recommended
by the State Board of Education; 1 in New Castle County shall be a member of the New Castle County Regional Planning Commission;
and the remainder shall be members-at-large. All appointments shall be made by the county governments of the respective counties.
(c) One member shall be appointed for a term of 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, and 1 for 5 years. Thereafter the
terms of each shall be 5 years.
(d) Vacancies occurring by other than expiration of term shall be filled in the same manner as original appointments. This commission
shall be appointed within 10 days of the filing of the first petition under this chapter.
(9 Del. C. 1953, § 610; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
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Title 9 - Counties
§ 611 Organization; officers.
Within 10 days after the commission has been appointed the members thereof shall meet and elect a chair. The chair shall be elected
by the vote of a majority of all the members and shall serve for a period of 1 year or until the chair’s successor is elected.
(9 Del. C. 1953, § 611; 49 Del. Laws, c. 112, § 1; 70 Del. Laws, c. 186, § 1.)
§ 612 Powers and duties.
(a) The commission shall provide, maintain, develop and promote recreational areas, facilities and programs throughout the county in
which it is situated for the areas forming suburban park communities.
(b) The commission may employ such experts, trained personnel, staff, and if and when 4 or more suburban park communities are
established as hereinafter provided, a director of recreation, as the funds provided therefor may permit. It may also employ such supervisors
and provide for such recreational promotion as the funds provided under § 654 of this title may permit.
(c) It may initiate, adopt and direct, or cause to be conducted, a comprehensive program of recreation in schools and parks or other
lands and buildings either publicly or privately owned and it may buy, sell, acquire or make use of all equipment necessary for such a
program as the funds provided therefor may permit. It shall generally supervise, plan and maintain a program of recreation.
(d) The commission may use parks, playgrounds or park areas or any other lands or buildings for recreational purposes.
(e) The commission shall use all expert advice and information available from the state, federal, or other officials, departments and
agencies, and shall furnish other agencies, including incorporated communities in the county, the information available.
(9 Del. C. 1953, § 612; 49 Del. Laws, c. 112, § 1.)
§ 613 Compensation; expenses.
The members of the commission shall serve without compensation but shall be paid the necessary expenses incurred in the performance
of their duties.
(9 Del. C. 1953, § 613; 49 Del. Laws, c. 112, § 1.)
§ 614 Rules and regulations.
Subject to the approval of the county government, the commission may adopt such rules and regulations for the administration of its
park and recreation programs as it deems necessary and proper.
(9 Del. C. 1953, § 614; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 615 Office space.
The county government shall furnish suitable and appropriate office space for the commission.
(9 Del. C. 1953, § 615; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 616 Limitation upon authority.
No provision of this chapter shall be construed as intending to confer upon the county government or any park commission or
commissioner established or appointed by said county government any power or authority to acquire by condemnation, or otherwise, or
to exercise in any manner any power or authority over any lands owned by an incorporated city or town of this State, except pursuant to
an agreement executed by the incorporated city or town owning said land and the county government prior to said acquisition.
(9 Del. C. 1953, § 616; 49 Del. Laws, c. 112, § 2; 54 Del. Laws, c. 95, § 1; 57 Del. Laws, c. 762, § 4B.)
Subchapter III
Formation of Suburban Park Community and Election
§ 625 Petition to county government; who may petition; contents.
Fifty percent of the freeholders resident in a proposed suburban park community consisting of less than 500 persons, or 250 freeholders
resident in a proposed suburban park community consisting of 500 persons or more, may present a petition to the county government to
submit the question of organizing a suburban park community to a vote of electors residing in that community.
(9 Del. C. 1953, § 625; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 165, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 626 Study of suburban park community plan by commission; hearings; notice; recommendations to
county government.
(a) Promptly upon the filing of a prescribed petition, the county government shall adopt a resolution requesting the commission to make
a study of the suburban park community and make its recommendations to the county government concerning the area to be included in
the suburban park community and the boundaries and location of such park or recreation area.
(b) The commission shall upon receipt of a request from the county government, hold at least 1 public hearing on a proposed suburban
park community plan. Notice of such hearing shall be published at least 15 days before the date of the hearing in a newspaper of general
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Title 9 - Counties
circulation in the said community and be posted in not less than 4 conspicuous public places in the proposed suburban park community. The
notice shall contain the time and place of hearing, and shall specify the place and times at which the proposed suburban park community
plan showing the proposed park layout and the extent of the park and recreation area and the nature of the improvements to be made,
may be examined. Such notice shall also contain a description of the boundaries of the proposed suburban park community. All interested
persons, residents, voters, tax payers, property owners or other persons or corporations in any way affected by the granting of such
petition shall be heard on any question with respect to the location of the boundaries of the suburban park community and the proposed
suburban community park plan and whether all real property included in the proposed suburban park community will be benefited by the
carrying out of such plan. For the purpose of any of its public hearings under this chapter, the commission shall have power to summon
witnesses, administer oaths, and compel the giving of testimony. The recommendation of the commission shall be submitted to the county
government within 60 days from passage of said resolution by the county government.
(c) The commission may upon its own motion and without having received a request from the county government, and without a
petition having been filed, proceed to hold a public hearing as hereinabove provided and may submit to the county government the
recommendation of the commission for establishment of a suburban park community and the making of improvements therein.
(9 Del. C. 1953, § 626; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 139, § 1; 50 Del. Laws, c. 567, § 1; 57 Del. Laws, c. 762, §
4B.)
§ 627 Determination of status by county government.
Within 15 days after receipt by the county government of the recommendations of the commission as hereinbefore provided, the county
government shall meet and consider the evidence and testimony given at the hearing before the commission and the recommendation
of such commission and determine whether a proposed community is a suburban park community as provided in § 602 of this title and
whether said community should be improved by the addition of a park or recreation area, and determine what shall be the boundaries of
the suburban park community and that it is in the public interest to establish such suburban park community and that all real property
included within its boundaries will be benefited by the construction of the proposed park layout and the establishment of the proposed
park or recreation area and the making of the improvements proposed to be made therein.
(9 Del. C. 1953, § 627; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 628 Preparation of survey, plans, specifications and estimates.
Immediately after the determination by the county government that a community is a suburban park community, the county government
shall notify the commission, which, upon receipt of such information, shall proceed to have prepared by the county engineer, surveys,
plans, specifications and estimates of the cost of the park or recreation area, and of improvements requested by the petitioners, and shall
determine the annual assessment required to pay principal, interest, supervision, and maintenance of the park or recreation area.
(9 Del. C. 1953, § 628; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 140, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 629 Limitation on cost of park and improvements.
If the estimated cost of the park or recreation area and improvements submitted by the commission shall exceed 5 percent of the
total assessed value of all real property and improvements in said suburban park community, as reflected by the books of the board of
assessment for the county, then the county government shall not be authorized to proceed under this chapter.
(9 Del. C. 1953, § 629; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 567, § 2; 57 Del. Laws, c. 762, § 4B.)
§ 630 Election to approve suburban park community and authorize bond issue.
(a) Upon the submission by said commission to the county government of plans, specifications and estimates covering said park or
recreation area and improvements, the county government shall proceed to set a date for an election at which all legal voters resident in the
community may vote, on the question whether the county government should proceed to issue bonds in the manner hereinafter provided,
in an amount sufficient to finance the cost for the acquisition of such park or recreation area and of the improvements contemplated. Said
election shall be held no less than 20 days and no more than 30 days after the submission of said plans and specifications and estimates
to the county government.
(b) For the purpose of determining whether the persons offering to vote at such election possess the necessary qualifications, the
officers conducting such election shall inquire of every person offering to vote, the person’s name, whether the person is a native born or
naturalized citizen, the person’s place of residence and the length of time of the person’s residence in the proposed or existing suburban
park community in which such election is being conducted, in the county in which such proposed or existing suburban park community
is located and in the State.
(c) Every citizen who resides in the proposed suburban park community in which the election is being held and who would be entitled
at the time of the holding of such election to register and vote in any election district of which the proposed suburban park community
is a part, at a general election, if such general election were held on the day of such election in the proposed suburban park community,
may vote at such election whether or not the citizen is at the time a registered voter.
(9 Del. C. 1953, § 630; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 567, §§ 3, 4; 57 Del. Laws, c. 762, § 4B; 70 Del. Laws, c. 186,
§ 1.)
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Title 9 - Counties
§ 631 Notice of election.
Notice of the time and place of such election shall be published at least 15 days before the date of election in a newspaper of general
circulation in the proposed suburban park community and be posted at not less than 4 conspicuous public places in the proposed suburban
park community. The notice shall state that the purpose of the election is to determine whether a majority of the legal voters resident in
said community is in favor of the issuance of bonds by the county government to cover the total cost for the acquisition of the park or
recreation area and of the improvements contemplated. The notice shall contain a brief description of the proposed improvements and
shall also state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the amount
of such bonds payable in each fiscal year, and shall set forth the aggregate amount required to be raised by tax in each fiscal year for the
payment of the principal of such bonds and the interest thereon computed at such maximum rate.
(9 Del. C. 1953, § 631; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 567, § 5; 57 Del. Laws, c. 762, § 4B.)
§ 632 Place of holding election; times; manner of voting.
The election shall be held at such place in the proposed suburban park community as the county government shall designate and the
polls shall be open from 9:00 a.m. to 7:30 p.m. of the day of the election. The voting shall be by printed ballot, which shall give the
voter an opportunity clearly to indicate the voter’s consent or objection to the issuance of bonds for the improvement contemplated. Such
printed ballot shall state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the
amount of such bonds payable in each fiscal year, and shall set forth the aggregate amount required to be raised by tax in each fiscal year
for the payment of the principal of such bonds and the interest thereon computed at such maximum rate. A majority of votes cast shall
decide the matter. The clerk of the county government shall act as judge of the election.
(9 Del. C. 1953, § 632; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 567, § 6; 57 Del. Laws, c. 762, § 4B; 70 Del. Laws, c. 186, §
1.)
§ 633 Tabulating votes; certificate of result.
Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government
under his or her hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
(9 Del. C. 1953, § 633; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B; 70 Del. Laws, c. 186, § 1.)
§ 634 Formation of suburban park community by county government.
Upon approval by the election the county government shall immediately establish a suburban park community and notify the
commission of such community.
(9 Del. C. 1953, § 634; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
Subchapter IV
County Bonds; Assessments and Costs
§ 650 Bonds; power of county government to issue; terms.
(a) The county government may issue bonds of the county to finance the cost of acquiring and constructing such recreational and park
facilities. Said bonds shall bear interest at a rate which shall not exceed 5 percent per annum and the income therefrom shall not be subject
to state taxation. Each issue of said bonds shall be payable within 30 years after date of the bonds of such issue. The reasonable expenses
of issuing such bonds shall be deemed a part of the cost of acquisition and construction of such park and recreation facilities. The full
faith and credit of the county shall be pledged to the payment of such bonds and the interest thereon.
(b) The county government shall advertise said bonds for sale in at least 2 issues each of 2 newspapers, 1 of which shall be of general
circulation in the City of Wilmington, Delaware, and 1 of which shall be published in the City of New York, inviting bids for the same.
The advertisements shall state the total amount of the proposed issue, the denominations of said bonds, the place of payment of said bonds
and interest, the place and date of opening said bids, and the conditions under which said bonds are to be sold. Said county government
may give notice of the sale of said bonds in such other manner as it may decide.
(c) The county government may require each bid for said bonds to be accompanied by a certified check in the amount of the bid, and
after the bonds are awarded or sold to the successful bidder or bidders therefor, the county government shall return to the unsuccessful
bidder or bidders the certified check or check submitted with the bid or bids.
(d) The county government shall have the right to reject any and all bids, but in awarding the sale of said bonds, or any of them, they
shall be sold to the person, persons, firm or corporation which, in the judgment of the county government, offers the most advantageous
terms. Said bonds shall not be offered for sale until the attorney for the county government has submitted the attorney’s opinion in writing
that the bonds will, when duly sold, executed, delivered and paid for, be validly issued in accordance with the provisions of this chapter.
(e) The county government shall direct and effect the preparation and printing of the bonds authorized by this chapter, fix the rate of
interest, and shall prescribe the form of said bonds and the coupons for the payment of interest thereto attached. Said bonds shall state the
conditions under which they are issued. The coupons and face amount thereof shall be payable at any state or national bank designated
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Title 9 - Counties
by the county government. Said bonds shall be signed by the presiding officer of the county government, countersigned by the clerk of
the peace, and sealed with the official seal of the county government.
(9 Del. C. 1953, § 650; 49 Del. Laws, c. 112, § 1; 49 Del. Laws, c. 357; 50 Del. Laws, c. 567, § 7; 57 Del. Laws, c. 762, § 4B; 63
Del. Laws, c. 142, § 13; 70 Del. Laws, c. 186, § 1.)
§ 651 Special sinking fund.
The county government shall promptly deposit all funds received from the receiver of taxes from the collection of the taxes levied
pursuant to the provisions of § 654 of this title, in a special account, which shall be used for no other purpose than the retiring of the
bonds and interest accruing thereon, and for maintaining and improving the parks or recreation areas of the suburban park community,
and paying the necessary expenses of the suburban park community including all costs of supervision and recreational promotion.
(9 Del. C. 1953, § 651; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 652 Cancellation of bonds.
The county government may adopt such procedure as it deems proper in cancelling said bonds when paid.
(9 Del. C. 1953, § 652; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 653 Payment and retirement of bonds.
Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county
government shall make available sufficient funds in a state or national bank where the principal and interest are payable, to cover the
retirement of such bonds or the payment of interest thereon.
(9 Del. C. 1953, § 653; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B; 63 Del. Laws, c. 142, § 14.)
§ 654 Assessment.
(a) The county government shall levy a tax for each fiscal year which shall be sufficient to provide funds adequate to reimburse the
county for moneys expended or to be expended in such fiscal year in retiring the bonds which have been issued and in paying interest
due on the same, and in maintaining or improving the suburban park community, and in paying the necessary general expenses of such
community, including all costs of supervision and recreational promotion.
(b) The rate of such tax shall be stated in terms of a certain rate on every $100 of assessed valuation, and a tax at such rate shall
be levied on all the real property within the boundaries of such suburban park community listed in the assessment list prepared by the
board of assessment of the county for such fiscal year, and in accordance with the valuation of such property as stated in such assessment
list. No tax shall be levied upon any property which is not now subject to taxation and assessment for county or municipal purposes.
An assessment list to be known as “Suburban Park Community Assessment List” showing the tax levied shall be prepared and shall be
delivered to the receiver of taxes of the county together with a tax collection warrant in the form prescribed by § 8005 of this title and
said tax shall be collected by such receiver of taxes in the same manner as are other county taxes.
(c) The estimated maximum annual tax rate for the cost of maintaining any park or recreation area, including all costs of supervision
and recreational promotion, shall be computed and shall be stated on the ballot at the time of the election as provided in § 632 of this title
in terms of a certain rate on every $100 of assessed valuation. The annual tax levied to provide funds for maintaining the park, including
all costs of supervision and recreational promotion, for any fiscal year prior to the maturity of the bonds shall not exceed the estimated
maximum annual tax rate for such maintenance as stated on the ballot at the time of the election by the residents of the suburban park
community.
(9 Del. C. 1953, § 654; 49 Del. Laws, c. 112, § 1; 50 Del. Laws, c. 405, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 655 Costs of parks, improvements and maintenance.
The cost of acquiring, improving and maintaining of any park or recreation area under the provisions of this chapter and making the
necessary improvements thereon shall be paid by the owners of the real estate in the suburban park community as hereinbefore provided.
(9 Del. C. 1953, § 655; 49 Del. Laws, c. 112, § 1.)
Subchapter V
Acquisition, Improvement and Maintenance of Park Areas
§ 670 Acquisition of land for parks; title and ownership; gifts.
(a) The county government may take or acquire by condemnation in accordance with law, agreement, purchase or gift, lands located
within the county outside of the corporate limits of any city or town and not already devoted to a public purpose or used by a public
utility in its service of the public as may seem to the county government suitable for park and recreational purposes and necessary to
meet the requirements of this chapter. Title and ownership of such lands, however acquired, shall be vested in the State for the use of the
county. The county government, pursuant to agreement executed by an incorporated city or town, may acquire by agreement, purchase
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Title 9 - Counties
or gift, or may lease or agree to undertake to control and maintain for a term of years, lands located within the county owned by the
incorporated city or town.
(b) Gifts of land, buildings or money may be accepted for specific maintenance or establishment of park and recreational areas.
(c) The county governments of this State may execute and deliver, in proper form, a lease, concession agreement, easement, or license
agreement for any part of the public lands owned by them, including park land and land held in a public trust. The demise and lease
of such lands, including public parks, may be upon such conditions and for such rentals as the county government deems advisable for
the public good, provided that the demise and lease of public park lands shall be limited to recreational purposes and related activities.
Whoever leases any of the lands under any restrictions or conditions of a county government and fails to comply with the restrictions or
conditions set forth in the lease with the government forfeits the leasehold interest granted by the lease.
(9 Del. C. 1953, § 670; 49 Del. Laws, c. 112, § 1; 54 Del. Laws, c. 95, § 2; 57 Del. Laws, c. 762, § 4B; 81 Del. Laws, c. 361, § 1.)
§ 671 Contracts for improvements; competitive bids.
(a) The commission shall proceed to arrange for the contracts for the required improvements. The letting of contracts for improvements
shall be upon a competitive basis pursuant to public advertisement of the intention of the county government to receive sealed proposals
for the work on said improvements. All contracts shall be entered into and acquisitions shall be made by the county government.
(b) It shall be a term of each contract that 10 percent of all payments due shall be withheld until final certification by the commission
that the work has been satisfactorily completed, in compliance with the contract.
(9 Del. C. 1953, § 671; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 672 Awarding of contracts; procedure.
Upon the opening of the sealed proposals, the county government, after consultation with the commission, shall award said contracts,
but no contract shall be awarded to any other than the lowest bidder except with the unanimous approval of the members of the county
government and the recommendation of the commission, and provided the county government shall set down in its minutes the reason
or reasons for granting the contract to the person other than the lowest bidder. As a condition of the letting of the contracts, the county
government shall require the successful bidder to enter into a bond for the faithful performance of such contract. The county government
shall have the power to reject all bids.
(9 Del. C. 1953, § 672; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
§ 673 Supervision by commission; duty to maintain; payment procedures; fences between parks and
railroads.
(a) After the awarding of the contracts, all work performed under this chapter shall be under the direct supervision and direction of
the commission.
(b) The commission shall be responsible for the maintenance of such parks and recreation areas and shall submit approved bills for
such maintenance to the county government for payment.
(c) The bills for recreation and recreational promotion including salaries and equipment shall be approved by the commission and
submitted to the county government for payment.
(d) The commission may place fences or barriers not less than 4 feet in height between all developed parks and active railroad tracks,
the cost of which shall be shared equally between the county and the State.
(9 Del. C. 1953, § 673; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B; 58 Del. Laws, c. 224.)
Subchapter VI
Revision of Suburban Park Community
§ 680 Revision of established suburban park community; expansion and alteration of park or recreation
areas; notice; additional funds.
(a) Where the county government has already established a suburban park community hereunder, then, the commission may, upon its
own motion, and without having received a request from the county government, and without a petition having been filed, proceed to
hold a public hearing on the question whether the area included in the suburban park community should be enlarged or whether the layout
of any park or recreational area therein shall be expanded, improved or altered. Such public hearing shall be held and notice thereof shall
be published and posted, and the commission shall make a recommendation, in the manner prescribed by § 626 of this title.
(b) Within 15 days after the receipt by the county government of the recommendation of the commission, as hereinbefore provided, the
county government shall meet and determine whether or not it is in the public interest to enlarge such suburban park community and what
shall be its boundaries, and whether all the real property included therein will be benefited by such enlargement and by such expansion,
improvement or alteration of the layout of the park or recreational area therein. Such improvements may be made and bonds may be
issued to finance the cost thereof in the manner and subject to the conditions prescribed in §§ 628-633 and 650 of this title.
(9 Del. C. 1953, § 680; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.)
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 7
Park Districts
Subchapter I
General Provisions
§ 701 Purpose.
(a) The purpose of this chapter is to provide a procedure whereby any territory so lying as to form 1 connected area (no portion of
which shall be already included in an incorporated park district established under the provisions of this chapter) may be incorporated as a
park district to establish and maintain parks and other recreational facilities and pay for the same through district bonds, the interest and
principal of such bonds to be collected by taxation of the district benefited.
(b) The provisions of this chapter shall apply only to New Castle County.
(9 Del. C. 1953, § 701; 52 Del. Laws, c. 42; 52 Del. Laws, c. 256; 71 Del. Laws, c. 401, § 12.)
§ 702 Definitions.
As used in this chapter:
(1) “Clerk of the County Council” means the Clerk of the County Council of New Castle County in which the park district is located.
(2) “Clerk of the peace” means the clerk of the peace of the county, Kent or Sussex, in which the park district is located.
(3) “Commission” means the park commission of a park district established by an election under the provisions of this chapter.
(4) “County government” means the county governing body.
(5) “Department of Finance” means the Department of Finance of New Castle County in which the park district is located.
(6) “Legal voter” means every citizen resident in a proposed or existing park district, who would be entitled at the time of holding
an election under this chapter to register and vote in any election district of which a proposed or existing park district is a part at a
general election, if such general election were to be held at the time of any election under this chapter, whether or not he or she is
at that time a registered voter.
(7) “Park or recreation area” means any area of real estate located within the park district suitable for the promotion of the health
and recreation of the residents of the park district.
(8) “Receiver of taxes and county treasurer” means the receiver of taxes and county treasurer of the county, Kent or Sussex, in which
the park district is located.
(9 Del. C. 1953, § 702; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6A; 70 Del. Laws, c. 186, § 1.)
§ 703 Tax exemption of parks and recreation areas.
All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired
for such use or purpose under the provisions of this chapter shall be forever free from state, county and municipal taxation so long as
used for such purposes.
(9 Del. C. 1953, § 703; 52 Del. Laws, c. 42.)
Subchapter II
Organization; Elections
§ 710 Petition to form district.
In organizing any park district under this chapter not less than 100 legal voters resident within the limits of such proposed park district
may petition the county government to cause the question to be submitted to the legal voters of such proposed park district whether they
will organize as a park district. Such petition shall clearly describe the territory intended to be embraced in such district and the name
of such proposed district.
(9 Del. C. 1953, § 710; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6B.)
§ 711 Filing of petition.
Such organization petition should be filed in the office of the clerk of the county government or clerk of the peace.
(9 Del. C. 1953, § 711; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6C.)
§ 712 Calling election; appointment of election officials.
(a) Upon the filing of such organization petition the county government, by ordinance or resolution, may order an election to be held
in such proposed district, and in such order fix the time, not less than 30 days nor more than 60 days after the date of filing of the petition,
at which an election may be held to determine such question and to elect 7 commissioners as provided in this chapter.
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Title 9 - Counties
(b) The county government shall fix as many polling places within the boundaries of such proposed district as would be provided in a
primary election and shall name the persons to act as judges and clerks at such election.
(c) Thereupon the clerk of the county government or clerk of the peace shall give 20 days notice of said election by publishing 1 notice
of the same in at least 1 newspaper, if any be published in said proposed district, or if none be published in said proposed district, then in
1 or more newspapers of general circulation in the proposed district, or if there be no newspaper of general circulation in said proposed
district, then by causing said notice to be posted in 5 public places within such proposed district.
(9 Del. C. 1953, § 712; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6D.)
§ 713 Form of ballot.
The question for establishment of a park district and for election of park commissioners shall be presented in the following form:
(1) The question shall be stated as follows:
(Insert name of district) Park District
In accordance with the provisions of Chapter 7, Title 9, of the Delaware Code a petition has been filed to submit to the voters of the
proposed (insert name of district) Park District the following question,
“Shall the (insert name of district) Park District be established?”
.................................... For
.................................... Against
(2) The park commissioners shall be voted upon as follows:
1. If the territory of the proposed park district includes no more than 1 hundred or more than 7 hundreds then all commissioners shall
be voted upon at large and the 7 candidates with the greatest number of votes shall be declared elected.
2. If the proposed park district includes part or all of the territory of 2 hundreds but no more than 2, then 3 of the commissioners
shall be elected from among nominees from each hundred and 1 shall be elected from among nominees for commissioner-at-large.
3. If the proposed park district includes territory of 3 hundreds then 2 commissioners shall be elected from each hundred and 1 at large.
4. If the district includes territory of 4, 5, 6, or 7 hundreds, then 1 commissioner shall be elected from each hundred and the remainder,
if any, 3, 2, 1, or none, respectively, shall be elected at large.
b. All voters may vote for 7 candidates, whether or not the voter is a resident of the hundred or hundreds from which the candidates
have been nominated but a voter may vote for only as many candidates from each hundred or at large as there are commissioners to be
elected from each hundred or at large. Where 1, 2, or 3 commissioners are to be elected from nominees from a particular hundred or
at large, then the person or 2 or 3 persons respectively with the highest number of votes from among the nominees from that hundred
or at large shall be declared elected.
c. The voting for commissioners shall be set up about as follows:
For Park Commissioner(s) From (insert name)
Hundred Vote for (insert number)
(Here insert names of nominees if any, in the order
in which the nominating petitions are received. No
party symbols, slogans or other identification may
be used.)
(Provide 5 additional blank lines for voters to write in names if desired.)
For Park Commissioner(s)-At-Large
Vote for (insert number)
(Here insert names of nominees, if any, in the order
in which the nominating petitions are received. No
party symbols, slogans, or other identification may
be used.)
(Provide 5 additional blank lines for voters to write in names if desired.)
(3) Said ballot shall be authenticated by facsimile signature of the clerk of the county government or clerk of the peace upon the
reverse side thereof.
(9 Del. C. 1953, § 713; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6E.)
§ 714 Canvass of returns.
The judges at such organization election shall make return thereof to the county government. The county government shall canvass
such returns and shall enter a resolution upon the records of the county government determining and declaring the results of the election.
(9 Del. C. 1953, § 714; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6F.)
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Title 9 - Counties
§ 715 When district organized.
In case a majority of the votes cast upon the question so submitted shall be in favor of the establishment of such district, said district
shall then be deemed organized.
(9 Del. C. 1953, § 715; 52 Del. Laws, c. 42.)
§ 716 First election nominations.
Candidates for park commissioner elected at the election to determine whether or not a park district shall be formed shall be nominated
in the same manner and form as prescribed in § 718 of this title with the following exceptions:
(1) The nominating petition shall be filed with the clerk of the county government or clerk of the peace;
(2) Signatures of 200 legal voters upon the nominating petition shall be sufficient; and
(3) The nominating petition shall be filed not less than 15 days prior to the date of the election.
(9 Del. C. 1953, § 716; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6G.)
§ 717 Fixing terms of commissioners.
Except as otherwise provided in this chapter, within 30 days after declaration of the result of the election to organize a district, the 7
persons elected as commissioners shall meet and decide by lot the term for which each shall hold office. Three shall serve for 6 years;
2 shall serve for 4 years; and 2 shall serve for 2 years, respectively, from the date in the next even year an election would otherwise be
held, as specified in § 719 of this title or until their successors shall be duly elected and qualified. It is the purpose of this section that
the first members of the board shall serve until the date an election would otherwise be held in the next even year, in addition to their
6-, 4- and 2-year terms.
(9 Del. C. 1953, § 717; 52 Del. Laws, c. 42.)
§ 718 Succeeding elections; nominations; ballot.
(a) Nominations of candidates for the office of park commissioners in any park district at all succeeding elections shall be made by
petition signed in the aggregate for each candidate by legal voters of such districts, equal in number to not less than 1% of the number
who voted at the last preceding election for commissioners in such district, but in no case by less than 25 of such voters. The petition
shall be filed with the secretary of such district not less than 30 days nor more than 60 days before the date fixed for the election of such
candidate. No statement of candidacy shall be required. The petition shall state whether the nomination is for a commissioner-at-large
or a commissioner from a particular hundred.
(b) The petition shall consist of sheets of uniform size and heading. Such petition shall be signed by legal voters of the district only,
and opposite the signature of each signer, the signer’s residence address shall be written. At the bottom of each sheet shall be added a
statement, signed by an adult resident of the park district stating his or her residence address, certifying on oath or affirmation that the
signatures on that sheet of said petition were signed in such resident’s presence and are genuine, and that to the best of such resident’s
knowledge and belief the persons so signing were qualified to do so. Such sheets, before being filed, shall be fastened together at the
upper edge, and numbered consecutively.
(c) Any candidate may withdraw by filing with the secretary of such district a notice of withdrawal not later than the last day upon
which petitions for nominations may be filed.
(d) In all park districts the secretary of such district, shall, within 5 days after the expiration of the time for filing the nominating
petitions of the candidates, certify to the board of such district the name or names of the candidate or candidates so nominated. Such
certification shall contain the order of the time in which such petitions were filed with the secretary, which shall be the order in which the
names of candidates shall appear upon the ballot for election; the park commissioners shall cause the ballots to be printed and furnished
for such election, and the authenticity of ballots shall be certified by the facsimile signature of the secretary printed thereon.
(e) Names of such candidates shall be printed upon the election ballot in capital letters not less than 1/8 nor more than 1/4 of an inch in
height; and at the beginning of each line in which a name of a candidate is printed a square shall be printed, the sides of which shall not
be less than 1/4 of an inch in length, and immediately above the names suitable words printed designating the number of candidates to be
voted for such office. Such ballot shall be printed upon plain, substantial white paper but shall have no political party name, platform or
principle thereon designated, nor shall any circle be printed upon the ballot.
(9 Del. C. 1953, § 718; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.)
§ 719 Terms; election date; notice of election.
(a) The commissioners shall be elected for 6-year terms in all districts now organized or organized after May 20, 1959, with the
exception provided in § 717 of this title as to those first elected.
(b) In all park districts, commissioners shall be elected biennially in even years to take the place of those whose terms expire. Such
elections shall take place on the first Tuesday in November of even years.
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Title 9 - Counties
(c) Commissioners shall serve until their successors are elected and qualified.
(d) Notice of the time and place or places of holding such elections shall be given by the commissioners of the park district by publishing
the same once in 1 or more newspapers, if there be any published in the district, at least 10 days prior to the election; if none be published
in said district, then in 1 or more newspapers of general circulation in the district; if there be no newspaper of general circulation in the
district, then by causing said notice to be posted in 5 public places within the district.
(9 Del. C. 1953, § 719; 52 Del. Laws, c. 42.)
§ 720 Conduct of elections.
The park board shall conduct the election, establish precincts and polling places therein, and appoint the judges and clerks of election
and fix their compensation; provided that if any other election is held at the same time, the park board may appoint the same judges and
clerks of election as are appointed for such other election, and such judges and clerks of election shall also be paid for their services
by such district in such amount as the board shall determine. Separate ballot boxes shall be used to receive the ballots cast for park
commissioners, and separate returns of the votes cast with such ballots shall be made to the board of commissioners and said board
shall, within 5 days after such election, canvass said returns and declare the result of said election and enter a record of such canvass
and declaration upon its records.
(9 Del. C. 1953, § 720; 52 Del. Laws, c. 42.)
§ 721 Vacancies; method of filling.
Whenever any member of the governing board of any park district shall:
(1) Die,
(2) Resign,
(3) Become insane,
(4) Cease to be a legal voter in said district,
(5) Be convicted of any infamous crime,
(6) Refuse or neglect to take his or her oath of office, or
(7) Neglect to attend the duties of his or her office or attend meetings of the board for such length of time as such board shall by
ordinance fix,
said office may be declared vacant. Vacancies shall be declared, and may be filled by appointment by a majority of the remaining
members of the board, and any person so appointed shall hold that person’s office until the next regular election for members of the board
when a successor for the unexpired term shall be elected.
(9 Del. C. 1953, § 721; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.)
Subchapter III
Officers; Elections; Powers and Duties
§ 740 Governing board; oath.
Each member of the governing board of any park district before entering upon the duties of each such member’s office shall take and
subscribe an oath to well and faithfully discharge the member’s duties, which oath shall be filed with the secretary of the board. The
members of such governing board shall constitute the corporate authority for such district and a majority of such members shall constitute
a quorum for said board and any meeting thereof. The members of such governing board shall act as such without compensation, and
each member of the board shall be a legal voter of and reside within such district.
(9 Del. C. 1953, § 740; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.)
§ 741 Interest in contracts.
No member of the board shall be directly or indirectly in any way pecuniarily interested in any contract or work of any kind whatever,
connected with his or her park district.
(9 Del. C. 1953, § 741; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.)
§ 742 Records and ordinances.
Governing boards of all park districts shall keep a regular book of records of all ordinances or other proceedings of said board which
records shall be open to public inspection at all reasonable and proper times.
(9 Del. C. 1953, § 742; 52 Del. Laws, c. 42.)
§ 743 Proof of ordinances.
All ordinances, orders and resolutions of the governing board of any park district and the date of the publication thereof may be proved
by the certificate of its secretary under the seal of the district. When printed in book or pamphlet form purporting to be published by the
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Title 9 - Counties
governing board such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders, and
resolutions as of the dates mentioned in such publication in all courts or places without further proof.
(9 Del. C. 1953, § 743; 52 Del. Laws, c. 42.)
§ 744 Appropriation ordinances.
The board of each park district shall, within the last quarter of each fiscal year, but not later than the last Tuesday in April, pass an
ordinance in which the board may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and
liabilities of such district for the succeeding fiscal year and in such ordinance shall specify the objects and purposes for which such
appropriations are made, and the amount appropriated to each. After the first 6 months of any fiscal year have elapsed the board may, by
2
/3 vote, transfer from any appropriation item its anticipated unexpended funds to any other item of appropriation theretofore made, and
the item to which said transfer is made may be increased to the extent of the amount so transferred.
(9 Del. C. 1953, § 744; 52 Del. Laws, c. 42.)
§ 745 Publication of appropriation ordinances.
All ordinances of any park district making appropriations shall within 10 days after their passage, be published at least once in 1 or more
newspapers published in the park district, or if no newspaper is published therein, then in 1 or more newspapers of general circulation
within the park district; and no such ordinance shall take effect until 10 days after it is so published.
(9 Del. C. 1953, § 745; 52 Del. Laws, c. 42.)
§ 746 Creation of debt.
No member of the board of any park district, nor any person, whether in the employ of said board or otherwise, shall have power to
create any debt, obligation, claim or liability, for or on account of said park district, or the moneys or property of the same, except with
the express authority of said board conferred at a meeting thereof and duly recorded in a record of its proceedings.
(9 Del. C. 1953, § 746; 52 Del. Laws, c. 42.)
§ 747 Employees.
The board of any park district may employ such engineers, attorneys, clerks and other employees as may be required, and may define
and prescribe their respective duties and compensation. The members of the board and all officers appointed by them shall be conservators
of the peace within and upon such parks, boulevards, driveways, and property controlled by such park district, and may make arrests on
view of the offense, or upon warrants for violation of any of the penal ordinances of such park districts, or for any breach of the peace,
in the same manner as the police in cities organized and existing under the general laws of the State.
(9 Del. C. 1953, § 747; 52 Del. Laws, c. 42.)
§ 748 Duties and election of officers.
The board of each park district shall elect from their number a president and a vice-president, who shall hold their respective offices
for 1 year, or until their successors shall be elected. The board shall prescribe their powers and duties not inconsistent with the provisions
of this Code.
The board shall also appoint a secretary and a treasurer, prescribe their duties, and term of office and require such bonds as the board
deems necessary. The secretary and treasurer need not be members of the board, in which case the board may fix their compensation; and
both offices may be held by the same person. The secretary shall have power to administer oaths and affirmations.
(9 Del. C. 1953, § 748; 52 Del. Laws, c. 42.)
§ 749 Duties of president.
The president of any park district shall preside at all meetings of the board, and shall call special meetings thereof on the president’s
own motion or on request of 2 or more of the members, and in case of a special meeting shall cause a notice to be given to all members
as provided by the rule of said board. The president shall have the right to vote upon all questions coming before the board and shall
be a member thereof.
(9 Del. C. 1953, § 749; 52 Del. Laws, c. 42; 70 Del. Laws, c. 186, § 1.)
Subchapter IV
Taxing Powers
§ 750 General taxes; levy.
(a) Each park district shall have the power to levy and collect taxes on all the taxable property in said district for all corporate purposes.
(b) All taxes proposed by the board to be levied upon the taxable property within said district shall be levied by ordinance passed not
less than 10 days after publication of its appropriation ordinance. A certified copy of such levy ordinance shall be filed with the department
of finance or receiver of taxes and county treasurer not later than the second Tuesday in May in each year. Thereupon, the department
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Title 9 - Counties
of finance or receiver of taxes and county treasurer shall collect said tax; provided, the aggregate amount of taxes levied for any 1 year
inclusive of the amount levied for the payment of the principal and interest on bonded indebtedness of said district shall not exceed the
rate of $.05 per $100 of assessed valuation.
(9 Del. C. 1953, § 750; 52 Del. Laws, c. 42; 53 Del. Laws, c. 50, § 1; 55 Del. Laws, c. 85, § 6H.)
§ 751 Assessment list.
The park board of the park district in which a park district tax is to be levied shall use the assessment list of the county in which that
district is located as a basis for any park district tax.
(9 Del. C. 1953, § 751; 53 Del. Laws, c. 50, § 2; 55 Del. Laws, c. 85, § 6I.)
§ 752 Tax collection warrant and assessment list.
The board shall execute and deliver its warrant with a duplicate of the assessment list not later than the second Tuesday in May of each
year, to the department of finance or receiver of taxes and county treasurer.
(9 Del. C. 1953, § 752; 53 Del. Laws, c. 50, § 2; 55 Del. Laws, c. 85, § 6J.)
§ 753 Collection and deposit of park district taxes.
(a) The department of finance or receiver of taxes and county treasurer shall collect such taxes in the same manner and at the same
time as provided by law for the collection of taxes for other purposes; provided, however, that in New Castle County the Department of
Finance shall allow no abatement or discount upon any taxes levied by park district purposes required to be delivered by them; and shall
after the September 30 in the year in which the tax rolls shall be delivered to them, add to the taxes to be paid a penalty of one half of
1 percent per month until the same shall be paid.
(b) All money so collected shall be paid to the treasurer of the park district and shall be deposited by said treasurer in accordance with
the provisions of § 771 of this title.
(9 Del. C. 1953, § 753; 53 Del. Laws, c. 50, § 2; 55 Del. Laws, c. 85, § 6K.)
§ 754 Report of park district tax collections and payment of collected taxes.
(a) The department of finance or receiver of taxes and county treasurer shall on the first day of each month make a report to the park
board of the park district for which he or she is collecting taxes of all taxes collected in the previous month. The report shall show a
complete breakdown of taxes collected, such as debt service and such other information as may be required.
(b) The department of finance or receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the
treasurer of said park district all funds collected by him or her for the park district.
(9 Del. C. 1953, § 754; 53 Del. Laws, c. 50, § 2; 55 Del. Laws, c. 85, § 6L; 70 Del. Laws, c. 186, § 1.)
Subchapter V
Bonds; Powers to Issue; Terms
§ 760 Bonds; limitation.
For the payment of land purchased for parks or boulevards, for the building, maintaining, improving and protecting of the same and
for the payment of the expenses incident thereto, or for the acquisition of real estate and lands to be used as a site for recreation centers,
any park district is authorized to issue the bonds of such park district and pledge its property and credit therefor to an amount including
existing indebtedness of such district so that the aggregate indebtedness of such district shall not exceed 21/2 percent of the value of the
taxable property therein, to be ascertained by the last assessment for county taxes previous to the issue from time to time of such bonds.
(9 Del. C. 1953, § 760; 52 Del. Laws, c. 42.)
§ 761 Issuance of bonds; use authorized.
The issue of bonds by any park district shall be authorized by ordinance, and a copy of the same properly certified by the secretary
shall be filed with the department of finance or receiver of taxes and county treasurer.
(9 Del. C. 1953, § 761; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6M.)
§ 762 Attestation of bonds; interest; maturity; sale.
Such bonds of a park district shall be issued when authorized under §§ 760 and 761 of this title in the name of the district, signed by the
president and secretary, and countersigned by the treasurer, with the seal of said district affixed; they shall bear interest at not exceeding
5 percent per annum payable semiannually, and the principal shall be payable at such time and place as may be determined by the board,
not exceeding 20 years from their date. The board of such district may sell the bonds in any manner it deems for the best interests of the
district, at not less than par, and the proceeds thereof shall be used exclusively for the purpose authorized in this chapter.
(9 Del. C. 1953, § 762; 52 Del. Laws, c. 42.)
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§ 763 Tax for interest and principal.
All park districts, at or before the time of issuance of bonds, shall provide for the levy of taxes, in addition to all other taxes, sufficient
to pay the principal of and interest upon said bonds as the same becomes due, and shall file a certified copy of the ordinance or ordinances
providing for the levy of said taxes with the department of finance or receiver of taxes and county treasurer.
(9 Del. C. 1953, § 763; 52 Del. Laws, c. 42; 55 Del. Laws, c. 85, § 6N.)
§ 764 Issuance of bonds; bond anticipation notes.
Whenever the commission shall have authorized the issuance of bonds by an ordinance duly adopted pursuant to lawful authority, the
commission may borrow money in anticipation of the issuance of such bonds so authorized and, for such purpose, may issue, and from
time to time, renew negotiable bond anticipation notes of the commission of an aggregate principal amount not exceeding the principal
amount of such bonds authorized by such ordinance. The commission shall authorize such notes by a resolution or resolutions which
shall determine the date on which such notes are to be payable, the maximum principal amount thereof and the rate or maximum rate of
interest to be borne thereby and the manner of their signing. The faith and credit of the commission are hereby pledged to the payment
of the principal of and interest on any notes issued pursuant to this section.
(9 Del. C. 1953, § 764; 52 Del. Laws, c. 42.)
§ 765 Use of funds.
Moneys raised by the issuance of notes in anticipation of the issuance of bonds shall be used only to finance the purpose or purposes
for which the proceeds of the bonds may be used and such proceeds shall be applied, to the extent necessary, to pay and retire such notes.
(9 Del. C. 1953, § 765; 52 Del. Laws, c. 42.)
Subchapter VI
Miscellaneous Provisions
§ 770 General corporate powers.
Every park district shall, from the time of its organization, be a body corporate and politic by such name as set forth in the petition for
its organization and shall have and exercise the following powers:
(1) To adopt a corporate seal and alter the same at pleasure; to sue and be sued; to contract in furtherance of any of its corporate
purposes;
(2) To acquire by gift, devise, grant or purchase, any and all real estate, or rights therein necessary for building, laying out, extending,
adorning and maintaining any such parks, boulevards and driveways, or for effecting any of the powers or purposes granted under this
Code as its board may deem proper, whether such lands be located within or without such district;
(3) To acquire by gift, bequest or purchase any personal property necessary for its corporate purposes;
(4) To pass all necessary ordinances, rules and regulations for the proper management and conduct of the business of the board and
district and to establish by ordinance all needful rules and regulations for the government and protection of parks, boulevards, and
driveways and other property under its jurisdiction, and to effect the objects for which such districts are formed;
(5) To rent or lease park property for income producing purposes consistent with the operation of park and recreation activities;
(6) To establish and collect fees for the use of park facilities;
(7) To prescribe such fines and penalties for the violation of ordinances as it shall deem proper not exceeding $200 for any 1 offense,
which fines and penalties may be recovered by suit in the name of such district before the Superior Court in the county in which such
violation occurred, and all fines when collected shall be paid into the treasury of such district;
(8) To enter into agreements with other agencies, organizations or individuals for the rental or lease of lands or facilities owned by
such agencies, organizations or individuals;
(9) To manage and control all officers and property of such districts.
(9 Del. C. 1953, § 770; 52 Del. Laws, c. 42.)
§ 771 Deposit of funds.
(a) Any park district, when so requested by its treasurer, shall designate a bank or banks or other depository in which the funds of the
district may be deposited. When a bank has been designated as a depository it shall continue as such until 10 days have elapsed after a
new depository is designated and has qualified by furnishing the statements of resources and liabilities required by this section. When a
new depository is designated, the district shall notify the sureties of its treasurer of that fact, in writing, at least 5 days before the transfer
of funds. Such treasurer shall be discharged from responsibility for all such funds and moneys deposited in a bank or depository, so
designated, while such funds and moneys are so deposited.
(b) No bank shall be qualified to receive such funds or moneys until it has furnished the district with copies of the last 2 sworn statements
of resources and liabilities which such bank is required to furnish to the State Bank Commissioner. Each bank designated as a depository
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Title 9 - Counties
for moneys or funds shall, while acting as such depository, furnish the district with a copy of all statements of resources and liabilities
which it is required to furnish to the State Bank Commissioner; provided, that if such funds or moneys are deposited in a bank, the amount
of such deposits shall not exceed 75% of the capital stock and surplus of such bank, and such treasurer shall not be discharged from
responsibility for any funds or moneys deposited in excess of such limitation.
(9 Del. C. 1953, § 771; 52 Del. Laws, c. 42.)
§ 772 Recreational programs and other special powers.
All park districts shall have power to plan, establish and maintain recreational programs, provide musical concerts, to construct, equip
and maintain field houses, gymnasiums, assembly rooms, comfort stations, indoor and outdoor swimming pools, wading pools, bathing
beaches, bath houses, locker rooms, boating basins, boat houses, lagoons, skating rinks, piers, conservatories for the propagation of
flowers, shrubs, and other plants, animal and bird houses and enclosures, athletic fields with seating stands, golf, tennis, and other courses,
courts, and grounds, and the power to make and enforce reasonable rules, regulations, and charges therefor. The express enumeration
of each of the foregoing recreational facilities and equipment which park districts are herein given the power to provide shall not be
construed as a limitation upon said park districts, nor prohibit any park district from providing any other facilities or equipment which
may be appropriate for park purposes in any park of said district, nor shall the same in any way be held to limit the power and authority
conferred upon park districts under other sections of this chapter.
(9 Del. C. 1953, § 772; 52 Del. Laws, c. 42.)
§ 773 Approval of the General Assembly.
When land has been acquired under the provisions of this chapter, it is to be considered as a public trust and may not be sold or otherwise
disposed of without prior approval by an act of the General Assembly.
(9 Del. C. 1953, § 773; 52 Del. Laws, c. 42.)
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 8
County Libraries
Subchapter I
General Purposes
§ 801 Creation of county library agency; powers of county library administrator.
(a) The government of each county shall create a library agency as a part of the executive branch of county government and, in
accordance therewith, shall have the power:
(1) To establish and administer a county library system offering to residents of the county access to services and resources and
guidance in their use. Each county may create a countywide library system offering free and equal access to such services and resources
to every resident of the county, or each county may create library districts within the county supported by taxes levied upon real property
within said districts as provided for in this chapter providing that county residents who are not residents of a library district shall have
access to such library district’s services and resources upon payment of a fee set by ordinance of the county;
(2) To receive, by taxation or otherwise, accept, administer and expend any money, materials or other aid granted, appropriated or
otherwise provided by local, state or federal governments, or by any source, public or private, in accordance with the terms thereof,
for the purposes provided in this chapter;
(3) To perform all other activities pertinent to the organizational function of the library agency.
(b) The county executive or President of Levy Court, whichever applies, upon the approval of the county library advisory board, may
appoint a county library administrator who shall be referred to as county librarian, or the county library manager in New Castle County,
who shall be the administrator of the county library agency.
(59 Del. Laws, c. 480, § 2; 60 Del. Laws, c. 162, § 1; 71 Del. Laws, c. 401, § 13.)
§ 802 County library advisory board.
There is hereby created in each county a county library advisory board which:
(1) Shall serve in an advisory capacity to the county library administrator and the county library agency;
(2) Shall bring local library needs to their attention and shall recommend to them means for implementation of an effective county
library system;
(3) May, through its members on the Council on Libraries, bring library matters to the attention of the Administrator of State Library
Services.
(4) In New Castle County, shall serve as a subcommittee to the Department of Community Services Board.
(59 Del. Laws, c. 480, § 2; 71 Del. Laws, c. 401, § 14.)
Subchapter II
Method of Creating and Operating Library Systems in Kent County
§ 803 Authority to establish systems.
Kent County may establish a countywide library system or 1 or more district library systems by ordinance after public hearing held
after 10 days’ notice published once in a newspaper of general circulation in the County. In the event a district library is created said
ordinance shall also create a library commission for each library district to advise the Levy Court on the operation of the district library.
This power includes the power to acquire real estate by purchase, gift or devise.
(60 Del. Laws, c. 162, § 2.)
§ 804 Payment of costs of countywide library system.
In the event that a countywide library system is established in Kent County, the cost of establishment, maintenance, operation and all
other costs thereof shall be paid from the general fund of the County out of general county tax proceeds.
(60 Del. Laws, c. 162, § 2.)
§ 805 Library districts — Establishment; budget.
Should Kent County elect to establish 1 or more library districts within the County, the County shall levy and raise by taxation a special
district library tax for the purpose of the establishment of such a library in each district, and for the maintenance and increase and support
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Title 9 - Counties
of the library such sum of money as is annually approved in a budget for such purpose by the county governing body, said budget to be
adopted at the same time the annual county budget is adopted. A library district may be created and a tax raised pursuant to this subchapter
to raise funds to pay the Sussex or New Castle County government a contract fee to allow residents of said Kent County district the
privilege of using a library located in Sussex or New Castle Counties.
(60 Del. Laws, c. 162, § 2.)
§ 806 Library districts — Tax rate.
After the district library budget or budgets have been adopted, the Kent County Levy Court shall fix a district library tax rate or rates
based upon the most recent assessment made by them of the real property located in each district sufficient to raise the amount determined
to be raised in the budget for each county library district.
(60 Del. Laws, c. 162, § 2.)
§ 807 Library districts — Tax levy.
After the Kent County Levy Court has fixed the district library tax rate or rates, it shall levy the district library tax or taxes on the real
property located within each library district according to such tax rate or rates applied to the most recent assessment list in the County.
The district library tax or taxes shall be in addition to and levied at the same time as the annual county tax.
(60 Del. Laws, c. 162, § 2.)
§ 808 Library districts — Delivery of duplicate assessment list.
Promptly after levying the district library tax or taxes the Kent County Levy Court shall deliver to the Receiver of Taxes and County
Treasurer, for his or her use in collecting the taxes, the duplicate assessment list for each library district as prepared and furnished to the
county government by the Board of Assessment.
(60 Del. Laws, c. 162, § 2; 70 Del. Laws, c. 186, § 1.)
§ 809 Library districts — Tax collection warrant.
(a) At the time of delivery of the duplicate assessment lists to the Receiver of Taxes and County Treasurer there shall be attached to
each list a tax collection warrant which shall be executed in the manner and substantially in the form prescribed by subsections (b) and
(c) of this section.
(b) Each warrant shall be dated as of the date on which the taxes referred to therein were levied and shall be signed by at least 2 elected
officials of the Kent County Levy Court and sealed with the seal of the County and attested by the Clerk of the Peace.
(c) The warrants shall be substantially in the following form:
STATE OF DELAWARE
SS.
KENT COUNTY
To the Receiver of Taxes and County Treasurer of Kent County, greetings:
We command you that you collect from the persons named in the duplicate assessment list annexed hereto, for their library district
taxes payable to Kent County for the year beginning July first next, ........... percent as a rate upon every one hundred dollars on the
amount of their respective assessments; and if any person named in the annexed duplicate assessment list shall not pay that person’s tax
after you have demanded payment, we command you in such case that you collect the tax, or the part thereof remaining unpaid, with
lawful costs, in the manner prescribed by law. And we further command you that you pay the amount which, according to this warrant
and the annexed duplicate assessment list you are required to collect, in the manner and within the times appointed by law in this behalf.
Hereof fail not at your peril.
Given at Dover by the order of Kent County, under the hands of us, members of said county governing body, the .................. day of
.................., A.D. .........
Seal of Office of the ........................................................................
Clerk of Peace ........................................................................ Commissioners
ATTEST:..................Clerk of the Peace
(60 Del. Laws, c. 162, § 2; 70 Del. Laws, c. 186, § 1.)
§ 810 Library districts — Collection of library district taxes; lien on real property.
Thereafter the district library tax or taxes shall be collected by the Receiver of Taxes and County Treasurer at the same time and in the
same manner as the annual general county tax is collected according to Title 9, Chapters 86 and 87, and shall be a lien on real property
within the county library district or districts the same as the annual county tax levy according to Title 9, Chapters 86 and 87.
(60 Del. Laws, c. 162, § 2.)
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Title 9 - Counties
§ 811 General borrowing power.
Under the circumstances and conditions set forth in this subchapter, money may be borrowed by Kent County in aid of any public
library in the County now or hereafter established whether a countywide or district library.
(60 Del. Laws, c. 162, § 2.)
§ 812 Adoption of resolution.
The Kent County Levy Court shall adopt a resolution to the effect that it deems it advisable that a specified sum of money be borrowed
for some specified purpose or purposes and whether the borrowing is to be for a countywide or district library.
(60 Del. Laws, c. 162, § 2.)
§ 813 Submission of resolution to voters.
The Kent County Levy Court shall submit the question of the approval or rejection of the resolution to the residents of the library
district, 18 years of age or older, at a special referendum called for the purpose or to the residents, 18 years of age or older, of the County
as a whole if the borrowing is for a countywide library.
(60 Del. Laws, c. 162, § 2.)
§ 814 Notice of resolution; publication; form.
The Kent County Levy Court shall give notice that the resolution will be submitted to the voters. Such notice shall be given by
publication in 2 issues of a newspaper of general circulation in Kent County and by printed advertisements posted in at least 5 public
places in the district at least 10 days prior to the date of the special referendum at which the resolution will be submitted to the voters.
The notice shall state the substance of the resolution, and the day, hour and place that it will be submitted to the voters.
(60 Del. Laws, c. 162, § 2.)
§ 815 Election ballot.
The Kent County Levy Court shall appoint the persons to conduct the election. The polls shall remain open at least 4 hours. All residents
of the County, 18 years of age or older, shall be entitled to vote at such election if the borrowing is for a countywide library. If the
borrowing is for a district library only the residents of the library district, 18 years of age or older, shall be entitled to vote. The voting
shall be by ballot on which shall be written or printed the words “for the resolution in aid of the library” or “against the resolution in
aid of the library.”
(60 Del. Laws, c. 162, § 2.)
§ 816 Results of election.
If a majority of the votes cast be for the resolution in aid of the library, authority to borrow the amount of money specified in the
resolution shall be deemed to be thereby conferred. If a majority of the votes cast be against the resolution in aid of the library, the money
shall not be borrowed.
(60 Del. Laws, c. 162, § 2.)
§ 817 Bonds — Issuance; form.
If the results of the election be for the resolution in aid of the library, the Kent County Levy Court shall borrow the amount specified in
the resolution and for this purpose may issue a bond or bonds for the amount. Such bond or bonds shall be in such form and denomination,
shall bear such date and be at such rate of interest without limitation which may be determined by resolution of the Kent County Levy
Court and shall mature at such time or times as the Kent County Levy Court determines. Any bond issued shall be signed by the President
of the Kent County Levy Court and attested by the Clerk of Peace, and shall be sealed with the county seal. The faith and credit of Kent
County shall be deemed to be pledged by every bond issued under this subchapter.
(60 Del. Laws, c. 162, § 2.)
§ 818 Bonds — Payment of interest and principal; sinking fund.
Whenever any bond or bonds have been issued under this subchapter, the Kent County Levy Court shall annually raise by levy and
taxation a sum sufficient for the payment of the interest on the amount or amounts borrowed and shall likewise raise from time to time
by levy and taxation such sum or sums as shall be necessary to establish a sinking fund for the payment of the debt secured by the bond
or bonds at or before the maturity thereof. The sums authorized to be raised for interest and for a sinking fund shall be raised in the same
manner as the county library tax is raised and shall be in addition to all sums authorized to be raised by the County by any other statute. If
the improvements for which bonds are sold are for the benefit of a library district, only the real property in that library district shall be taxed.
(60 Del. Laws, c. 162, § 2.)
§ 819 Bonds — Assumption of existing library district bonds.
In the event any district library commission created pursuant to Chapter 71 of Title 14 conveys any property to the Kent County Levy
Court for which bonds are outstanding, the Kent County Levy Court shall assume all obligations of said bonds if the property is used for
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Title 9 - Counties
a countywide library system but if the property is used for a district library system the cost of paying interest and principal on said bonds
shall be included in the annual tax levy on real property in that district only.
(60 Del. Laws, c. 162, § 2.)
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Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 9
Dogs
Subchapter I
General Provisions [Transferred]
§ 901 Definitions [Transferred].
Transferred to § 3041F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 902 Fees for dog and kennel licenses; terms [Transferred].
Transferred to § 3042F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 903 Inspections of facilities and premises; suspension of kennel or retail dog dealer license [Transferred].
Transferred to § 3043F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 904 Specifications for the humane handling, care and treatment of dogs [Transferred].
Transferred to § 3044F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 905 Licensing agents; bond requirements; service charge; negotiations [Transferred].
Transferred to § 3045F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 906 Reciprocity of dog license [Transferred].
Transferred to § 3046F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 907 Rules and regulations [Transferred].
80 Del. Laws, c. 248, § 5.
§ 908 Dogs running at large [Transferred].
Transferred to § 3048F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 909 Destruction of muskrat dens, poultry or livestock [Transferred].
Transferred to § 3049F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 910 Dogs deemed personal property; theft; penalty [Transferred].
Transferred to 3050F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 911 Injuring or killing dogs for certain acts [Transferred].
Transferred to § 3051F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 912 Poisoning of dogs [Transferred].
Transferred to § 3052F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 913 Liability of dog owner for damages [Transferred].
Transferred to § 3053F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 914 Impounding of dog running at large [Transferred].
Transferred to § 3054F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 915 Penalties; fines [Transferred].
Transferred to § 3055F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 916 Unauthorized acts against a service dog; penalties [Transferred].
Transferred to § 3056F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 917 County dog law management [Transferred].
Transferred to § 3057F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
§ 918 Rules and regulations [Transferred].
Transferred to § 3058F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
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Title 9 - Counties
§ 919 [Reserved] [Transferred].
Transferred to § 3059F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
Subchapter II
Dangerous and Potentially Dangerous Dogs [Transferred]
§ 920 Definitions [Transferred].
Transferred to § 3071F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 921 Dog Control Panel; establishment; organization [Transferred].
Transferred to § 3072F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 922 Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner;
request for hearing [Transferred].
Transferred to § 3073F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 923 Exceptions [Transferred].
Transferred to § 3074F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 924 Hearing procedures; appeal [Transferred].
Transferred to § 3075F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 925 Finding to declare a dog dangerous; duties of owner [Transferred].
Transferred to § 3076F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 926 Finding to declare a dog potentially dangerous; duties of owner [Transferred].
Transferred to § 3077F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 927 Liability of owner for costs of impoundment [Transferred].
Transferred to § 3078F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
§ 928 Violations by owners of dangerous or potentially dangerous dogs; penalties [Transferred].
Transferred to § 3079F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
Page 43
Title 9 - Counties
Part I
Provisions Affecting All Counties
Chapter 10.
For-Profit Cemeteries
§ 1001 Purpose.
The purpose of this chapter is to prevent the deterioration of for-profit cemeteries in each county and to empower each county to enforce
maintenance regulations and penalties for the failure to follow such regulations.
(81 Del. Laws, c. 385, § 1.)
§ 1002 Definitions.
As used in this chapter:
(1) “Cemetery” means land or structure used or intended to be used for the interment/entombment of human remains, including
facilities used for the final disposition of cremated remains.
(2) “For-profit cemetery” means any person, partnership, corporation, or business entity operating a cemetery for purposes of
generating a profit, specifically excluding churches, religious organizations, any nonprofit entities, and veteran organizations.
(81 Del. Laws, c. 385, § 1.)
§ 1003 Maintenance of for-profit cemeteries.
(a) The government of each county may establish regulations regarding maintenance of for-profit cemeteries, including:
(1) Trimming or mowing grass, pruning shrubs, or trimming trees in and around the cemetery.
(2) Trimming or mowing grass to a level where flat markers of individual graves can be seen.
(3) Suppressing or removing weeds on cemetery property.
(4) Repairing or restoring improvements, structures, or fences on cemetery property.
(5) Maintaining cemetery roads accessible to the public and repairing road and sidewalk surfacing that presents safety hazards.
(6) Maintaining occupied crypts and niches properly sealed or closed.
(7) Refilling or resetting settled graves or markers annually or within 120 days of the cemetery operator or cemetery employees
becoming aware of the issue.
(8) Repairing any grave markers, monuments, or burial vaults that are damaged by the negligence of the cemetery, the cemetery
employees, or contractors employed by the cemetery.
(9) Supplying and emptying trash receptacles when filled.
(10) Maintaining public areas of the cemetery grounds and water features on cemetery property to ensure they are free of trash and
debris.
(11) Providing clear delineation of undeveloped cemetery property with the use of signage.
(12) Controlling vermin and insect problems on cemetery property.
(b) Nothing contained in the recommended maintenance requirements of subsection (a) of this section should be construed to require
specific topography, structures or other cemetery-related items on the property.
(c) Sections within a cemetery that are specifically established and intended to be maintained in a natural condition are not subject to
the recommended maintenance requirements of subsection (a) of this section.
(d) Sections of a cemetery that do not include burial lots that have been sold, transferred, or are available for sale with perpetual care
should be exempt from the recommended maintenance requirements of subsection (a) of this section.
(e) Any person, partnership or corporation engaged in the business of selling burial lots with perpetual care for profit should maintain
written minimum standards for the maintenance of the cemetery property that conform with or exceed the recommended maintenance
requirements of paragraphs (a)(1)-(10) of this section.
(f) Consumers should be furnished with a copy of the maintenance standards prior to settlement on a burial lot or lots.
(g) A written copy of the maintenance standards should be kept on file at the cemetery office and should be made available within
30 days upon request.
(h) Each county may impose penalties upon a for-profit cemetery who fails to comply with the county’s maintenance requirements.
(81 Del. Laws, c. 385, § 1.)
Page 44
Title 9 - Counties
Part II
New Castle County
Chapter 11
County Executive and County Council
Subchapter I
Powers of the Government of New Castle County
§ 1101 General powers.
(a) Granted. — The Government of New Castle County as established by this chapter shall assume and have all powers which, under
the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied
by statute, including, but not limited to, any powers conferred prior to May 26, 1965, by the General Assembly upon New Castle County,
or upon the Levy Court of New Castle County, or upon the Levy Court Commissioners of New Castle County, or upon the officers
or employees of New Castle County, or upon counties generally, or upon Levy Court Commissioners generally. This grant of power
includes the power to fix the tax rate upon the assessed valuation of all real property in New Castle County subject to assessment by the
County. This grant of power further includes the power to fix the fees of the Recorder of Deeds in New Castle County for services, any
statute denying such right to the contrary notwithstanding. This grant of power further includes the power to impose a surcharge on any
application for a building permit issued by New Castle County in an amount not to exceed .5% of the residential construction value and of
the first million dollars of commercial construction value applicable to said building permit application, to provide funding for volunteer
fire companies except that this surcharge shall not be added to building permits applied for by an organization exempt from tax under §
501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] which provides owner-occupied housing to low and moderate
income households by rehabilitating residential properties and reselling said properties without profit, nor to the Delaware State Housing
Authority nor to any applicant funded by the Delaware State Housing Authority. This grant of power does not include the power to enact
private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include
the power to define and provide for the punishment of felonies. This grant of power shall also include the power to impose and collect
by ordinance a tax upon the transfer of real property situate within the unincorporated areas of the County, subject to the conditions and
limitations provided in § 8102 of this title.
(b) Construction. — The powers of New Castle County shall be construed liberally in favor of the County, and specific mention of
particular powers in this title shall not be construed as limiting in any way the general powers stated herein.
(9 Del. C. 1953, § 1101; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 768, § 1; 67 Del. Laws, c. 415, § 2; 71 Del. Laws, c. 400, § 1;
77 Del. Laws, c. 268, § 1.)
§ 1102 Transfer of functions.
(a) The term “local service function,” as used in this chapter, shall mean a local governmental service, or a group of closely allied
governmental services, performed by New Castle County, or by a municipality within New Castle County, for its inhabitants and for
which, under constitutional and statutory provisions and judicial interpretations, the County, or any municipality as distinguished from
the State, has a primary responsibility for provision and financing. Without in any way limiting the foregoing, the following are examples
of local service functions:
(1) Planning and zoning including subdivision regulations;
(2) Adoption and enforcement of ordinances and regulations for the protection of persons and property from hazards in the use,
occupancy, condition, alteration, maintenance, repair, sanitation, removal and demolition of buildings and structures or any parts thereof
and grounds appurtenant thereto, in the operation of equipment therein, and of outdoor signs including, but not limited to, zoning
ordinances and regulations thereunder, building codes and regulations thereunder, plumbing codes and regulations thereunder or other
such codes;
(3) Programs for redevelopment, low rent housing and urban renewal;
(4) Parks and park related activities and recreational programs;
(5) Police protection;
(6) Fire protection;
(7) Public works including, but not limited to, maintenance and operation of sanitary and storm sewers, drainage systems, sewage
disposal facilities, refuse disposal facilities, including trash and garbage collection disposal;
(8) Lighting of streets, roads, alleys, and other public places;
(9) Maintenance and operation of water supply system;
(10) Library services.
(b) The term “municipality,” as used in this chapter, shall mean any municipal corporation located within New Castle County, and
incorporated pursuant to law by the General Assembly of this State, which performs for its residents any local service function and pays
the cost thereof out of its own revenue sources.
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Title 9 - Counties
(c) Responsibility for a local service function or a distinct activity or portion thereof exercised by a municipality located within New
Castle County, may be transferred to the County by the concurring affirmative action in the form of an ordinance of the County Council
of New Castle County and of the governing body of the municipality concerned. Responsibility for a local service function or a distinct
activity or portion thereof not exercised by New Castle County, or by a municipality located within New Castle County, as of January 3,
1967, or exercised by New Castle County as of January 3, 1967, may be transferred to a municipality located within New Castle County
by the concurring affirmative action in the form of an ordinance of the County Council of New Castle County and of the governing body
of the municipality concerned.
(d) The expression of official action transferring a local service function shall make explicit:
(1) The nature of the local service function transferred;
(2) The effective date of such transfer;
(3) The manner in which affected employees engaged in the performance of the function will be transferred, reassigned or otherwise
treated;
(4) The manner in which real property, facilities, equipment or other personal property required in the exercise of the function are
to be transferred, sold or otherwise treated;
(5) The method of financing to be used in the exercise of the function received;
(6) Other legal, financial, and administrative arrangements necessary to effect transfer in an orderly and equitable manner.
(9 Del. C. 1953, § 1102; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1103 Exercise of powers.
All powers of the government of New Castle County shall be carried into execution as provided by this title or by other law of this
State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the County Council
of New Castle County.
(9 Del. C. 1953, § 1103; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
Subchapter II
County Executive
§ 1111 Election and term.
(a) At the first general election in November following May 26, 1965, and each fourth year thereafter, a County Executive shall be
elected at large from New Castle County, except that if such first general election is in a nonpresidential election year, then the County
Executive thus elected shall serve a term of 2 years and thereafter shall be elected each fourth year in a presidential election year. He or
she shall take office on the first Tuesday in January following his or her election. He or she shall serve no more than 2 consecutive terms
of 4 years each, not counting any partial terms he or she may serve as a result of vacancy in the office of County Executive or as a result
of his or her election to a term of 2 years as aforesaid. Following any 2 consecutive 4 year terms served by the County Executive, he or
she may again hold the office provided that a 4 year term has intervened since he or she last held the office.
(b) The County Executive shall be the chief executive officer of the County. The County Executive shall be responsible to the people of
the County for the executive and administrative work of the County. The County Executive shall be recognized as the head of the County
Council for all ceremonial purposes, the purposes of military law, and the acceptance of service of civil process.
(9 Del. C. 1953, § 1111; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1112 Qualifications.
The County Executive shall be a citizen of the United States, a qualified elector of New Castle County, and shall have been a resident
of New Castle County for at least 5 years immediately preceding his or her election. Removal from the County as a resident shall be
construed as vacating the office of County Executive. The County Executive shall be no less than 27 years old when elected to the office
of County Executive.
(9 Del. C. 1953, § 1112; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1.)
§ 1113 Compensation.
The annual salary of the County Executive shall not be less than $67,000 and may be changed by ordinance or upon a recommendation
by the New Castle County Compensation Commission which has been adopted and ordained by County Council.
(9 Del. C. 1953, § 1113; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 493, § 1; 71 Del. Laws, c. 401, § 16.)
§ 1114 Vacancy in office.
(a) If a vacancy occurs in the office of County Executive by reason of death, resignation, removal from office, or other cause, the
Governor shall appoint an acting County Executive to serve until the vacancy is filled as a result of an election. The person appointed by
the Governor to be acting County Executive shall meet all eligibility requirements to be a candidate for that office.
(b) Whenever a vacancy in the office of County Executive occurs for any reason, within 10 days following the creation of the vacancy,
the President of County Council shall deliver to the Department of Elections for New Castle County a writ of election reporting the
existence of the vacancy and requesting that a special election be scheduled to fill the same.
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Title 9 - Counties
(c) On the next day after receiving a writ of election, unless the same shall be Saturday, Sunday, or a legal holiday, and then on the next
business day following, the Department of Elections for New Castle County shall post a proclamation reciting the writ and appointing
a day for holding a special election, at the following locations:
(1) On the outside of the door of the New Castle County Courthouse;
(2) On the Internet; and
(3) In at least 5 public places in New Castle County.
(d) (1) If the Department of Elections for New Castle County receives a writ of election reporting the existence of a vacancy in the
office of County Executive then, no more than 45 days after posting said proclamation pursuant to subsection (c) of this section, it shall
hold a special election to fill such vacancy; provided, however that:
a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 45 days immediately following
another special election, the special election to fill the vacancy shall be held on the forty-fifth day following the previous special
election; and
b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said
special election shall be held on the first business day thereafter.
(2) Notwithstanding paragraph (d)(1) of this section:
a. In the year of a general election, if a vacancy occurs in the office of County Executive on or after June 1 but before August 20
of that year, the special election to fill such vacancy shall be held that year on the day of the general election;
b. In the year of a general election in which the office of County Executive is not on the general election ballot, if a vacancy occurs
in the office of County Executive on or after August 20 of that year but before the date of the general election, the special election
to fill such vacancy shall be held that year on the forty-fifth day following the general election, or within 1 week thereafter.
(e) Any political party eligible to have a candidate listed on a ballot in the most recent general election preceding the creation of the
vacancy may select a candidate to be listed on the ballot for the special election. Candidate names must be received by the Department
of Elections for New Castle County no more than 10 days following the date on which the Department posts its proclamation reciting
the writ of election and appointing a day for holding a special election. The candidate for a political party shall be selected by the county
chair of that party, or in the event that a county chair does not exist, then by the party’s state chair.
(f) To the greatest extent feasible, the Department of Elections for New Castle County will use the same polling places as used in a
general election; provided, however, that the department may require voters from multiple election districts to use a single polling place
and, in the event a normal polling place is not available to be used on the day of the special election, may use as polling places buildings
which are not normally used as polling places.
(g) The Department of Elections for New Castle County will appoint election officers as necessary to conduct the special election.
(h) Except as provided in this section, special elections conducted to fill a vacancy in the office of County Executive shall be provided
for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner and subject to the same laws,
as far as the same may be applicable, as are prescribed for the general election; provided, however, that the provisions of § 4980(b) of
Title 15 shall not apply to any special election held pursuant to this section, nor shall that section interfere with the conduct of a special
election held pursuant to this section. Ballots for any special election conducted on the date of a general election pursuant to this section
shall be merged with the general election ballots for that date and the 2 elections shall be conducted as a single, general election.
(i) The Superior Court for New Castle County, as constituted under article V, § 6 of the Delaware Constitution, shall at 10 a.m. on the
second day after a special election conducted in accordance with this section convene and perform its duties prescribed by the Delaware
Constitution with reference to the special election, at the same place, with the same powers and in the same manner as for a general
election. If the second day after a special election is a Saturday, Sunday or legal holiday, the canvass of the special election shall commence
at 10 a.m. on the first business day thereafter.
(j) A candidate elected pursuant to this section shall immediately upon certification of election take office and shall serve until the
expiration of the term.
(k) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election
officers, incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election
pursuant to subsection (d) of this section, shall be paid by New Castle County.
(9 Del. C. 1953, § 1114; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15; 81 Del. Laws, c. 239, § 1.)
§ 1115 Absence or disability.
During the temporary absence or disability of the County Executive, the Chief Administrative Officer shall act as County Executive
and may sign contracts or other legal papers or instruments which the County Executive is authorized to sign. The County Executive shall
designate, in writing, a head of a county department who shall act as County Executive during the temporary absence or disability of both
the County Executive and the Chief Administrative Officer. The Acting County Executive may sign contracts or other legal papers or
instruments which the County Executive is authorized to sign.
(9 Del. C. 1953, § 1115; 55 Del. Laws, c. 85, § 1.)
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Title 9 - Counties
§ 1116 Powers and duties.
The County Executive shall:
(1) See that the duties and responsibilities of the executive and administrative agencies of the County are properly performed and
that the work of the county offices, departments, and agencies is properly coordinated;
(2) See that the laws of the State required to be administered by the County, the provisions of this title, ordinances, and regulations
of the County are enforced;
(3) Make appointments to positions for which the County Executive has appointing authority and to other positions for which no
appointing authority is prescribed;
(4) Except as otherwise provided in this title, shall remove or suspend at his or her pleasure any person whom the County Executive
may appoint to a position of trust or emolument;
(5) Receive and examine complaints made against any officer or employee for neglect of duty or malfeasance in office;
(6) Have full authority to examine the books, papers, records, accounts, moneys, securities and property of the County in the
possession of all offices, departments, or boards which the County Executive supervises, and may in the County Executive’s discretion
delegate such authority to 1 or more competent persons;
(7) Require the fiscal officers of the County to make such special audits, investigations, or examinations as the County Executive
may deem appropriate;
(8) Require of officers, departments, or agencies under the County Executive’s supervision the submission of any reports the County
Executive deems appropriate;
(9) Sign all contracts, bonds, or other instruments requiring the assent of the County, except those which other officers are authorized
by this title or by the County Council under this title, to sign;
(10) Administer oaths necessary or appropriate for the performance of the County Executive’s duties;
(11) Prepare and submit to the County Council, and execute after adoption, the annual budget, capital program, and capital budget;
(12) Exercise such other powers and perform such other duties as may be prescribed by ordinance or by law.
(9 Del. C. 1953, § 1116; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1117 Performance of functions by contract.
Whenever in this title any function or duty is assigned to any officer, department or board for performance, such officer, department
or board may perform such function by contract to the extent authorized in writing by the County Executive.
(9 Del. C. 1953, § 1117; 55 Del. Laws, c. 85, § 1.)
§ 1118 Civil defense.
The County Executive shall by rule provide for the organization and performance of such civil defense functions as shall from time
to time be performed by the County.
(9 Del. C. 1953, § 1118; 55 Del. Laws, c. 85, § 1.)
§ 1119 Communications between County Executive and County Council.
The County Executive, orally or in writing, may present messages, information, and recommendations to the County Council.
(9 Del. C. 1953, § 1119; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1120 Power to appoint Chief Administrative Officer and Department Directors.
(a) The County Executive shall appoint a Chief Administrative Officer who shall serve at the pleasure of the County Executive. The
Chief Administrative Officer shall be qualified by education, training and experience for the duties to be performed.
(b) The County Executive, with the advice and consent of the County Council, shall appoint the General Manager of Land Use, the
General Manager of Special Services, the General Manager of Community Services, the Chief Procurement Officer, the Chief Financial
Officer, the Chief Human Resources Officer, as well as the heads of any subsequently created departments, who shall each serve at the
pleasure of the County Executive.
(c) Notwithstanding any other provision of state or county law, on February 9, 2005, any persons then serving in any of the positions
enumerated in this section shall cease to be classified service members of the New Castle County Merit System, but may thereafter
continue to serve at the pleasure of the County Executive.
(9 Del. C. 1953, § 1120; 55 Del. Laws, c. 85, § 1; 59 Del. Laws, c. 336, § 1; 71 Del. Laws, c. 401, § 17; 75 Del. Laws, c. 9, § 1.)
§ 1121 Powers and duties of Chief Administrative Officer.
(a) The Chief Administrative Officer shall assist the County Executive with duties and responsibilities and, subject to the policies
and directives of the County Executive, shall have general supervision over the executive, administrative and operational departments
of the County.
(b) The Chief Administrative Officer, on behalf of the County Executive, shall prepare the annual operating budget, capital program,
and capital budget as provided by this chapter. The Chief Administrative Officer shall supervise the execution of the budgets and prepare
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Title 9 - Counties
reports and information concerning the status of the financial and other affairs of the County which will keep the County Executive,
County Council and the public informed as to all offices, departments, and agencies receiving appropriations from the County Treasury.
(9 Del. C. 1953, § 1121; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 18, 19.)
§ 1122 County executive restructuring power.
The County Executive of New Castle County shall have the power to merge, establish, rename, and modify departments, boards,
agencies, commissions, and offices of the county and may prescribe the functions and management systems of all departments, boards,
agencies, commissions and offices of the county, subject to approval of County Council. The authority granted pursuant to this section
shall supersede any conflicting provisions within this title.
(71 Del. Laws, c. 40, § 1; 71 Del. Laws, c. 401, § 20; 75 Del. Laws, c. 9, § 2.)
Subchapter III
Budgeting
§ 1131 Separate budgeting for local service functions performed by the County outside of the limits of
municipalities.
(a) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and
segregate in a separate budget, entitled Local Service Function Budget, all expenditures for the performance of local service functions
which are not performed by the County within the limits of any municipality. The Chief Administrative Officer and the County Executive,
in the preparation of the Local Service Function Budget, shall specify separately the total appropriation required for the performance of
each local service function, including appropriations for Supporting Services, which is not performed by the County within the limits
of any municipality. The County Executive, in estimating the revenues necessary for the payment of the cost of each such local service
function, shall not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any
municipality which performs such function independently for its residents and pays the cost thereof out of its own revenue sources.
(b) The County Executive shall submit to the County Council a proposed revenue ordinance which will achieve sufficient revenues to
balance the total operating budget, including the Local Service Function Budget. The County Executive in the preparation of the proposed
revenue ordinance shall not, and the County Council and the County Executive in the enactment of the annual revenue ordinance shall
not, impose ad valorem taxation on real property within any municipality to pay the cost of any local service function if such function is
performed by the municipality for its residents, paid out of municipal revenues and the fact that the service is being provided is validated
by County Council.
(c) The provisions of subsections (a) and (b) of this section shall not be applicable:
(1) In any instance where a municipality initiates the performance of, or exercises responsibility for, a local service function, without
the affirmative action in the form of an ordinance of the County Council of New Castle County, and
(2) To the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the
metropolitan area; and
(3) To any municipality not expending funds in the previous fiscal year for the given local service or not adequately performing
the function.
(d) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and
segregate in a separate budget entitled General Operating Budget all expenditures not properly allocable to the Local Service Function
Budget or other operating budget fund. The County Council in estimating the revenues which will be necessary for the payment of these
expenditures shall include the estimated revenues to be derived from county-wide ad valorem taxation of real property.
(e) The County Executive in the preparation of the proposed revenue ordinance, and the County Council and the County Executive in
the enactment of the annual revenue ordinance, shall uniformly impose ad valorem taxation on real property within the County to pay
the cost of the General Operating Budget.
(9 Del. C. 1953, § 1131; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 21-24.)
§ 1132 Preparation of the annual operating budget; distribution of budget requests; completed forms;
preliminary budget; preliminary budget hearings; operating budget; distribution of operating budget.
(a) The Chief Administrative Officer shall annually, not later than January 1, distribute budget request forms to the County Council
and for each office, department, board, or agency which is receiving or seeking to receive an appropriation from the County Council
payable from any operating fund of the County.
(b) County Council and the heads of all offices, departments, boards or agencies shall enter upon the budget request forms requests for
appropriations for the ensuing year and such supporting information as the Chief Administrative Officer shall have specified. The Chief
Administrative Officer shall establish deadlines for the presentation of completed forms by such time and in such manner as necessary
for the timely preparation and presentation of the annual operating budget.
(c) The Chief Administrative Officer shall prepare a preliminary budget for the consideration of the County Executive. The preliminary
budget shall include all budget requests, the recommendations of the Chief Administrative Officer with respect to each request, an estimate
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Title 9 - Counties
of the receipts from each source of revenue, and a statement of the total estimated income and the total recommended expenditures for
each operating fund.
(d) The County Executive shall review the preliminary budget and may hold hearings thereupon at which the head of all offices,
departments or boards may be given an opportunity to be heard with respect to their requests. The Chief Administrative Officer shall
thereupon prepare the operating budget as directed by the County Executive. The operating budget shall be presented to the County Council
by the County Executive, together with a budget message outlining the County Executive’s reasons for the requested appropriations, and
shall be accompanied by proposed revenue and operating budget ordinances to give effect to the budget as presented. If the estimated
revenue from existing sources is deemed by the County Executive to be insufficient to balance the budget, the County Executive shall
recommend revenues sufficient to achieve a balanced budget.
(e) The proposed ordinance for the operating budget shall provide appropriations in a lump sum under the following classes for each
office, department, or board to which appropriations are made:
(1) Personal services of officers and employees;
(2) Contractual services;
(3) Training;
(4) Communications and utilities;
(5) Materials and supplies;
(6) Equipment;
(7) Grants and fixed charges;
(8) Debt services;
(9) Such other general classes as the County Executive or the County Council may annually establish.
(f) The operating budget and the proposed revenue and operating budget ordinances shall be submitted to the County Council not later
than April 1. Sufficient copies of the operating budget shall be supplied by the County Executive to the Clerk of the County Council for
distribution to members of the County Council and to interested citizens.
(9 Del. C. 1953, § 1132; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 25-27.)
§ 1133 Administration and enforcement of the operating budget ordinance; adoption of operating budget;
allocations and allotments; approval of allocations and allotments; revisions.
(a) The adoption of the operating budget ordinance shall constitute an appropriation of the sum specified in the budget for the purpose
and from the funds indicated. Such appropriation shall be considered valid only for the year for which made, and any part of such
appropriation which is not encumbered or expended shall lapse at the end of the year.
(b) Following the adoption of the operating budget ordinance, the Chief Administrative Officer shall determine, with the approval of
the County Executive, such allocation or allotment procedures as deemed appropriate for a proper administration of the budget. The head
of each office, department, or board shall submit to the Chief Administrative Officer such work programs and requests for allocations
and allotments as deemed appropriate for the most efficient and effective operation of each office, department or board.
(c) The approval of such allocations and allotments, in the amounts submitted or in amended amounts approved by the County Executive,
shall constitute budgetary allocations and allotments which shall be binding upon such office, department, or board, and the Department
of Administration shall not approve nor issue any requisition, purchase order, voucher, or check that is not in accordance with such
allocation or allotment.
(d) The allocations and allotments provided in this section may be altered at the direction of the County Executive. The County Executive
shall direct appropriate revisions in allocations and allotments to keep expenditures within the revenues received or anticipated.
(9 Del. C. 1953, § 1133; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 28-31.)
§ 1134 Preparation of the capital program and the capital budget; preparation by Chief Administrative
Officer; recommendation by County Executive; action by County Council.
(a) The Chief Administrative Officer shall annually prepare a capital program and a capital budget under the direction of the County
Executive. In the course of the preparation of the capital program, the Chief Administrative Officer shall confer with the Department
of Land Use to ascertain that the proposed capital program is in accordance with the comprehensive development plan prepared by the
Department of Land Use.
(b) No later than April 1 of each year, the County Executive shall recommend to the County Council, a capital program for the ensuing
6 years and a capital budget for the ensuing year. Not later than the date that the program is submitted to County Council, the County
Executive shall submit it to the Department of Land Use for its review and recommendations to County Council. The County Executive
shall also submit it to the Planning Board for the sole purpose of determining if it is in accordance with the comprehensive development
plan.
(c) The proposed capital program, and the proposed capital budget, shall have such content and be in such form as to enable action to
be taken thereupon by the County Council as required by § 1159 of this title.
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(d) The County Executive, in the preparation of the capital budget, shall not include in the revenue estimates any estimated revenues
to be derived from ad valorem taxation of real property within a municipality for any capital expenditure including debt service which
is related to the performance by the County of a local service function which is performed by the municipality for its own residents and
for which the cost is paid out of municipal revenues. The County Council, in the adoption of the capital budget by ordinance, shall not
impose ad valorem taxation on real property within a municipality for the payment of the cost of any capital expenditure, including debt
service, which is related to the performance by the County of a local service function which is performed by the municipality for its own
residents and for which the cost is paid out of municipal revenues. The provisions of this subsection shall not be applicable to capital
expenditures, including debt service, for the acquisition by the County of park and recreational facilities which are not local in nature
and which serve the metropolitan area.
(e) The County Executive and the County Council, in the adoption of a capital budget by ordinance, shall uniformly impose ad valorem
taxation on real property within the County for the payment of the cost of any capital expenditure, including debt service, which is not
related to the performance by the County of a local service function exclusively performed by a municipality for its own residents and
for which the cost is paid out of municipal revenues.
(9 Del. C. 1953, § 1134; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 32-34.)
§ 1135 Administration of the capital budget.
The Chief Administrative Officer, under the supervision of the County Executive, shall be responsible for the administration of the
capital budget as adopted by ordinance. The Chief Administrative Officer shall cause each office, department or board to take necessary
action to provide for the prompt and efficient execution of the capital budget.
(9 Del. C. 1953, § 1135; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 35.)
§ 1136 Fiscal year.
The fiscal year of the County shall commence on July 1 of each year and conclude upon June 30 of the following year.
(9 Del. C. 1953, § 1136; 55 Del. Laws, c. 85, § 1.)
§ 1137 Encumbrance defined.
For the purpose of this subchapter, the term “encumbrance” shall mean a commitment for expenditure of an appropriation evidenced
by a valid purchase order, similar document or process for the acquisition of supplies, material, work or services.
(9 Del. C. 1953, § 1137; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 36.)
§ 1138 Budgets for grants.
The County Council may accept federal, state, and private grant funds. The Chief Administrative Officer shall submit to the County
Council a budget, which shall not be part of the General Operating Budget or of the Capital Budget, for the expenditure of each such grant.
Approval of such a budget shall constitute an appropriation of the sum specified therein for the purpose indicated. Such appropriation
shall be considered valid until the funds are expended. The Chief Administrative Officer under the supervision of the County Executive
shall be responsible for the administration of grant budgets.
(60 Del. Laws, c. 219, § 1; 71 Del. Laws, c. 401, §§ 15, 37.)
Subchapter IV
County Council
§ 1141 Number and term.
(a) For any general or special election prior to and including the general election of 2002, the County Council shall consist of 7 members.
Six of these members shall be elected from council districts. The seventh member shall be elected at large from New Castle County and
shall serve as President of County Council.
(b) Notwithstanding any law to the contrary, except for the President of County Council, the terms of officials of the county governing
body elected in the 1998 general election and any special election held after the 1998 general election but prior to the 2002 general election
shall terminate on the first Wednesday in November following the 2002 general election. Notwithstanding any law to the contrary, the
terms of the officials of the county governing body elected in the 2002 general election and any special election held following the 2002
general election to fill a vacancy in a seat elected in the 2002 general election shall terminate on the first Wednesday in November
following the 2006 general election. The President of County Council shall always be elected in the presidential election year.
(c) Notwithstanding any law to the contrary, following the 2002 general election, and to become effective with the 2004 general election
and all subsequent elections, the County Council shall consist of 13 members. Twelve of these members shall be elected from council
districts. The thirteenth member shall be elected at large from New Castle County and shall serve as the President of the County Council.
(d) Notwithstanding any law to the contrary, for the 2004 general election, the County Council shall reapportion the county into 12
council districts. This reapportionment shall split each existing council district into 2 districts or as close thereto as is possible pursuant
to the terms of § 1165 of this title. This reapportionment shall further be conducted in the manner specified in § 1165 of this title using
the 2000 United States Decennial Census. This reapportionment shall be completed on or before January 1, 2004. The 6 members elected
in the 2002 general election shall continue to hold office, until their terms expire pursuant to subsection (b) of this section. Six additional
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members shall be elected from the districts newly created pursuant to § 1165 of this title. Notwithstanding any law to the contrary, the
terms of the officials of the county governing body elected in the 2004 general election and any special election held thereafter to fill a
vacancy in a seat elected in the 2004 general election, shall terminate on the 1st Wednesday in November following the 2008 general
election.
(e) An elected official shall take office on the first Wednesday in November following the general election.
(9 Del. C. 1953, § 1141; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, §§ 1-4; 57 Del. Laws, c. 303, §§ 1-3; 70 Del. Laws, c. 568,
§ 1; 70 Del. Laws, c. 569, § 1; 71 Del. Laws, c. 172, § 1; 71 Del. Laws, c. 198, §§ 1, 4-7, 11, 12; 71 Del. Laws, c. 401, § 15; 72
Del. Laws, c. 414, § 1; 73 Del. Laws, c. 30, §§ 1, 4.)
§ 1142 Qualifications.
Elected officials of the County Council shall be citizens of the United States and qualified electors of the County. They shall be residents
of the district from which they are elected or, in the event of redistricting, of the district as adjusted for at least 1 year prior to their election.
Such officials must not be less than 24 years old when elected to office. The County Council shall be the judge of the qualifications of
its members.
(9 Del. C. 1953, § 1142; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 38.)
§ 1143 Prohibitions.
Except where authorized by law, no elected official of the County Council shall hold any other county office or employment with the
County Council during the term for which such official was elected to the County Council. No former elected official shall hold any
compensated appointed county office or employment until 1 year after the expiration of the term for which such official was elected to
the County Council.
(9 Del. C. 1953, § 1143; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 39.)
§ 1144 Salary.
The annual salary of elected officials of County Council shall be $30,000 for the president of Council and $27,500 for the other members
of Council and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which
has been adopted and ordained by County Council, except that no increase shall be effective for any such official whose term will expire
within 6 months from the time enactment of such ordinance. Such officials shall receive their actual and necessary expenses incurred in
the performance of their duties of office.
(9 Del. C. 1953, § 1144; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, § 5; 57 Del. Laws, c. 303, § 4; 59 Del. Laws, c. 458, § 1;
71 Del. Laws, c. 401, § 40.)
§ 1145 President of the County Council; President pro tempore.
(a) At the general election on November 8, 1966, and each fourth year thereafter, a President of the County Council shall be elected
at large from New Castle County, except that if such first general election is in a nonpresidential election year, then the President of
the County Council thus elected shall serve a term of 2 years and thereafter shall be elected each fourth year in a presidential election
year. The President of the County Council shall preside over meetings of the County Council and shall have the same rights and duties
including the right to vote and speak therein as other members.
(b) The County Council shall elect by majority vote from among its members a President pro tempore of the county government who
shall, during the absence of the President or a vacancy in the office, assume its rights and duties.
(9 Del. C. 1953, § 1145; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1146 Powers of County Council.
All legislative powers of the County shall be vested in the County Council, except as otherwise provided by this title or other laws of
this State, and the County Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed
on the County by law.
(9 Del. C. 1953, § 1146; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1147 Vacancies.
(a) The office of an elected official of the County Council shall become vacant upon the official’s death, resignation, removal from
office in any manner authorized by law, or forfeiture of the office. The office shall be deemed to have been forfeited should the incumbent
at any time during the incumbent’s term of office:
(1) Lack any qualifications for the office prescribed by this subchapter or other law of the State, including residence in the district
from which the official was elected;
(2) Violate any express prohibition of this title; or
(3) Be convicted of a crime involving moral turpitude.
(b) Whenever a vacancy in County Council occurs for any reason, within 10 days following the creation of the vacancy, the President
of County Council shall deliver to the Department of Elections for New Castle County a writ of election reporting the existence of the
vacancy and requesting that a special election be scheduled to fill the same.
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(c) On the next day after receiving a writ of election, unless the same shall be Sunday and then on the Monday next following, the
Department of Elections for New Castle County shall post a proclamation reciting the writ and appointing a day for holding a special
election, and the Council member or members to be chosen, at the following locations:
(1) On the outside of the door of the New Castle County Courthouse;
(2) On the internet; and
(3) In at least 5 public places in the council district for which it received a writ of election.
(d) (1) President of County Council. — If the Department of Elections for New Castle County receives a writ of election reporting
the existence of a vacancy in the Office of President of the County Council then, no more than 45 days after posting said proclamation
pursuant to subsection (c) of this section, it shall hold a special election to fill such vacancy; provided, however that:
a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 45 days immediately following
another special election, the special election to fill the vacancy shall be held on the forty-fifth day following the previous special
election; and
b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said
special election shall be held on the first business day thereafter.
(2) Notwithstanding paragraph (d)(1) of this section:
a. In the year of a general election, if a vacancy occurs in the Office of President of the County Council on or after June 1 but
before August 20 of that year, the special election to fill such vacancy shall be held that year on the day of the general election;
b. In the year of a general election in which the Office of President of the County Council is not on the general election ballot,
if a vacancy occurs in the Office of President of the County Council on or after August 20 of that year but before the date of the
general election, the special election to fill such vacancy shall be held that year on the forty-fifth day following the general election,
or within 1 week thereafter.
(e) (1) Council Members other than President. — If the Department of Elections for New Castle County receives a writ of election
reporting the existence of a vacancy on New Castle County Council other than in the Office of President of the County Council then, no
more than 30 days after posting said proclamation pursuant to subsection (c) of this section, it shall hold a special election to fill such
vacancy; provided, however that:
a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 30 days immediately following
another special election, the special election to fill the vacancy shall be held on the thirtieth day following the previous special
election.
b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said
special election shall be held on the first business day thereafter.
(2) Notwithstanding paragraph (e)(1) of this section:
a. In the year of a general election, if the vacancy occurs on or after July 1 but before August 20 of that year, the special election
to fill such vacancy shall be held that year on the day of the general election;
b. In the year of a general election in which the vacated office is not on the general election ballot, if the vacancy occurs on or
after August 20 of that year but before the date of the general election, the special election to fill such vacancy shall be held that year
on the thirtieth day following the general election, or within 1 week thereafter.
(f) Any political party eligible to have a candidate listed on a ballot in the most recent general election preceding the creation of the
vacancy may select a candidate to be listed on the ballot for the special election. Candidate names must be received by the Department
of Elections for New Castle County no more than 10 days following the date on which the Department posts its proclamation reciting
the writ of election and appointing a day for holding a special election. The candidate for a political party shall be selected by the county
chair of that party, or in the event that a county chair does not exist, then by the party’s state chair.
(g) To the greatest extent feasible, the Department of Elections for New Castle County will use the same polling places as used in a
general election; provided, however, that the department may require voters from multiple election districts to use a single polling place
and, in the event a normal polling place is not available to be used on the day of the special election, may use as polling places buildings
which are not normally used as polling places.
(h) The Department of Elections for New Castle County will appoint election officers as necessary to conduct the special election.
(i) Except as provided in this section, special elections conducted to fill a vacancy in County Council shall be provided for, opened,
held, conducted and closed and the result thereof ascertained and certified in the same manner and subject to the same laws, as far as
the same may be applicable, as are prescribed for the general election; provided, however, that the provisions of § 4980(b) of Title 15
shall not apply to any special election held pursuant to this section, nor shall that section interfere with the conduct of a special election
held pursuant to this section. Ballots for any special election conducted on the date of a general election pursuant to this section shall be
merged with the general election ballots for that date and the 2 elections shall be conducted as a single, general election.
(j) The Superior Court for New Castle County, as constituted under article V, § 6 of the Delaware Constitution, shall at 10 a.m. on the
second day after a special election conducted in accordance with this section convene and perform its duties prescribed by the Delaware
Constitution with reference to the special election, at the same place, with the same powers and in the same manner as for a general
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election. If the second day after a special election is a Saturday, Sunday or legal holiday, the canvass of the special election shall commence
at 10 a.m. on the first business day thereafter.
(k) A candidate elected pursuant to this section shall immediately upon certification of election take office and shall serve until the
expiration of the term.
(l) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election officers,
incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election pursuant
to subsections (d) and (e) of this section, shall be paid by New Castle County.
(9 Del. C. 1953, § 1147; 55 Del. Laws, c. 85, § 1; 58 Del. Laws, c. 563; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 41;
75 Del. Laws, c. 174, § 1.)
§ 1148 Clerk of County Council.
The County Council shall appoint a Clerk of County Council who shall keep the journal of its proceedings, and perform such other
duties as are assigned to the Clerk by this title or by the County Council. The County Council may provide for employees to serve in
the office of the Clerk of County Council.
(9 Del. C. 1953, § 1148; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1149 Investigations; refusal to obey; penalties.
(a) The County Council may make investigations into the affairs of the County and the conduct of any county department, office or
agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of pertinent evidence
of any kind. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the County Council shall be
punishable in accordance with a schedule of fines and imprisonment established by the County Council. In no event shall a fine exceed
$500 and an imprisonment shall not exceed 1 year.
(b) The Superior Court shall have exclusive original jurisdiction over offenses under this section.
(9 Del. C. 1953, § 1149; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1150 Procedure.
(a) The County Council shall meet regularly at least twice in each month; provided, however, that by vote of a majority of the members
of Council, Council may adjourn for not more than 1-month vacation each calendar year. The place, dates and times of regular meetings
and the places of special meetings shall be established by the County Council as a part of the rules of procedure adopted for the conduct
of its meetings. Special meetings may be held on call of the President of County Council or of a majority of the members of the County
Council in accordance with rules adopted as a part of the rules of procedure of the County Council. All meetings shall be public. Official
county business transacted by the County Council shall be in the public meetings.
(b) The County Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings
which shall be a public record.
(c) Voting, except on procedural motions, shall be by alphabetical roll call and the ayes and nays shall be recorded in the journal. A
majority of all members of the County Council shall constitute a quorum, but a smaller number may adjourn from time to time and may
compel the attendance of absent members in the manner, and subject to the penalties, prescribed by the rules of the County Council. No
action of the County Council, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence
of a majority of all the members of the County Council.
(d) Pursuant to the authority granted to the government of New Castle County in § 1101 of this title, the County Council may by
ordinance impose upon itself a super-majority voting requirement in addition to any super-majority requirement imposed by state law.
(9 Del. C. 1953, § 1150; 55 Del. Laws, c. 85, § 1; 60 Del. Laws, c. 131, § 1; 66 Del. Laws, c. 106, § 1; 71 Del. Laws, c. 401, § 15;
72 Del. Laws, c. 432, § 1.)
§ 1151 Action required by ordinance.
All actions of the County Council which shall have the force of law shall be by ordinance.
(9 Del. C. 1953, § 1151; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1152 Ordinances generally.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those
relating to the budget or appropriation of funds and those relating to the adoption or revision of the County Code shall contain more
than 1 subject which shall be clearly expressed in its title. The enacting clause shall be “The County of New Castle hereby ordains.”
Any ordinance which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance,
sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type
and shall indicate new matter by underscoring or by italics.
(b) An ordinance may be introduced by any member at any regular or special meeting of the County Council. Upon introduction of any
ordinance, the Clerk of County Council shall distribute a copy to each elected official of the county governing body and to the County
Executive; shall file a reasonable number of copies in the office of the Clerk of County Council and such other public places as the County
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Council may designate; shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon by the
County Council and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and
others who may be affected by such ordinance. The public hearing shall follow the publication by at least 1 week; may be held separately
or in connection with a regular or special County Council meeting and may be adjourned from time to time, and all persons interested
shall have a reasonable opportunity to be heard. The County Council may make rules governing the holding of public hearings. After
the public hearing the County Council may adopt the ordinance with or without amendments or reject it, but if it is amended as to any
matter of substance which is not embraced within the title of the ordinance, the County Council may not adopt it until the ordinance or
its amended sections have been subjected to all of the procedures hereinbefore required in the case of a newly introduced ordinance. As
soon as practicable after adoption of any ordinance, the Clerk of County Council shall number the ordinance and have it published again,
together with a notice of its adoption.
(c) Except as otherwise provided in this title, every adopted ordinance shall become effective at the expiration of 30 days after adoption,
unless the ordinance itself stipulates a different date.
(d) As used in this section, the term “publish” means to print in 1 or more newspapers of general circulation in the County:
(1) The ordinance or the title thereof;
(2) The places where copies of the ordinances have been filed, the times when they are available for public inspection, and the place
and the cost at which copies may be procured.
(9 Del. C. 1953, § 1152; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1153 Procedure for amendments to Zoning Code.
(a) All amendments to the Zoning Code shall be by ordinance. Not more than 3 days after the introduction of an ordinance amending
the Zoning Code, the County Council shall refer it to the Department of Land Use and the Planning Board for recommendation.
(b) Within 45 days the Department of Land Use and the Planning Board shall deliver its recommendation to the County Council who
shall again publish the ordinance and establish a time and place at which a public hearing shall be held, provided that the County Council
may by its rules and regulations require persons interested in the proposed ordinance to give it advance notice of intent to be heard
thereupon. Upon the failure of the Department of Land Use and the Planning Board to deliver its recommendation to the County Council
within 45 days, the County Council may proceed as provided in this subsection.
(9 Del. C. 1953, § 1153; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 42.)
§ 1154 Procedure for adoption of official map.
(a) At the time of the presentation of the proposed official map or amendments thereto, an ordinance shall be introduced into the County
Council for adoption of such map or amendment thereto.
(b) Not less than 30 days prior to the adoption of the ordinance, the County Council shall have given notice to the owner of any property
affected by any line of a proposed street or any change in the line of any existing street. Such notice shall be by registered mail to the
owner of record at the owner’s last known address and by publication in a newspaper of general circulation in the County.
(c) Prior to the adoption of the official map, the County Council shall advise the Department of Transportation of any proposed new
street, or of the proposed change in the lines of any existing street. The County Council shall not proceed with the adoption of the ordinance
until the Department has approved the proposed new street, or changes in the lines in existing streets, provided that the approval of the
Department shall be presumed should the County Council have received no communication to the contrary within 30 days of submission
of the proposed new street or change in the lines of existing streets, to the Department.
(9 Del. C. 1953, § 1154; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1155 Consideration and adoption of the annual operating budget ordinance.
(a) The County Council, upon receipt of the operating budget, shall immediately publish a notice in a newspaper of general circulation
in the County, setting forth:
(1) A summary of the estimated revenues and expenditure;
(2) The detail of recommended new sources of revenue or increased rates of existing taxes, licenses, fees or other revenue;
(3) That copies of the budget are available at the office of the Clerk of County Council;
(4) The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which shall
not be less than 10 days after the date of publication of such notice.
(b) The County Council, upon conclusion of its public hearings but not later than June 1, shall enact the operating budget ordinance.
The County Council may increase, decrease, or delete any item of appropriation recommended by the County Executive, and may add
new items of appropriation.
(c) No amendment to the operating budget ordinance shall increase the aggregate of authorized expenditures to an amount greater than
the estimate of revenue for the corresponding period.
(d) The County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget,
entitled Local Service Function Budget, all expenditures for the performance of local service functions which are not performed within
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the limits of any municipality. The County Council, in estimating the revenues for the payment of the cost of each such local service
function, shall not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any
municipality which performs such function independently for its residents and pays the cost thereof out of its own revenue sources. The
provisions of this subsection shall not be applicable:
(1) In any instance where a municipality initiates the performance of or exercises responsibility for a local service function or a
distinct activity without the affirmative action in the form of an ordinance of the County Council of New Castle County; and
(2) To the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the
metropolitan area.
(e) County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled
General Operating Budget, all expenditures not properly allocated to the Local Service Function Budget or other operating budget funds.
County Council, in estimating the revenues necessary for the payment of these expenditures, shall include the estimated revenue to be
derived from county-wide ad valorem taxation of real property.
(9 Del. C. 1953, § 1155; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 43-45.)
§ 1156 Submission of ordinance to County Executive.
(a) No ordinance shall be considered as officially adopted until it has been signed by the County Executive or has become effective
without the signature of the County Executive as provided in this section.
(b) Every ordinance approved by the County Council shall be signed by the President of the County Council and presented forthwith
to the County Executive.
(c) If the County Executive approves an ordinance presented to him or her, the County Executive shall sign it and return it to the Clerk
of the County Council and the ordinance shall take effect in 30 days unless a different effective date is specified in the ordinance.
(d) If the County Executive disapproves a presented ordinance, the County Executive shall return it to the Clerk of County Council
with any objections stated in writing, and the Clerk of County Council shall present the same with such objections to the County Council
at its next regular meeting, and such objections shall be entered upon the journal of the County Council. The County Council may, within
30 days thereafter, reconsider the same; if after such reconsideration 5/7 of all of the members of the County Council in office prior to the
first Tuesday following the 2004 general election and 10/13 of all of the members of the County Council thereafter shall vote to pass the
ordinance, the same shall take effect notwithstanding the objections of the County Executive, unless a greater number of members are
necessary according to the provisions of this subchapter for the original passage of the ordinance, in which case unless as many members
as are requisite for the original passage of the ordinance shall vote to pass the ordinance, it shall not take effect. If any ordinance shall not
be returned by the County Executive to the office of the Clerk of County Council within 10 calendar days after it shall have been presented
to the County Executive, or if such ordinance shall be returned after the 10-day period without the County Executive’s approval, the same
shall take effect in like manner as if the County Executive had approved and signed it.
(e) The County Executive may disapprove or reduce any item or items of appropriation in any ordinance except for the following:
(1) Items prescribing salaries established by state law or prescribed by this title;
(2) Items appropriating funds for the purpose of auditing or investigating any part or all of the executive or administrative agencies
of the County;
(3) Items for payment of principal and interest on the public debt;
(4) Items relating to the internal operating expenses of the County Council.
(f) Subject to the exceptions in subsection (e) of this section, the approved part or parts of any ordinance making appropriations shall
become a law, and the part or parts disapproved, or the item or items reduced, shall not become law unless passed by the County Council
over the veto of the County Executive as provided in subsection (d) of this section.
(9 Del. C. 1953, § 1156; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 569, § 2; 71 Del. Laws, c. 198, § 8;
71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, § 2.)
§ 1157 Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the County Council may adopt emergency ordinances,
but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except to issue emergency
notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except
that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an
emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or
rejected at the meeting at which it is introduced, but the affirmative vote of at least 5/7 of all of the members of the County Council in
office prior to the first Tuesday following the 2004 general election and 10/13 of all the members of the County Council thereafter shall be
required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall
become effective upon its adoption or at such later time as it may specify. Every emergency ordinance, except 1 made for the issuance of
emergency notes, shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not
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prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may
be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
(9 Del. C. 1953, § 1157; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 569, § 3; 71 Del. Laws, c. 198, § 9; 71 Del. Laws, c. 401, § 15;
72 Del. Laws, c. 414, § 3.)
§ 1158 Budget of revenues.
(a) The County Council, at the meeting at which the annual operating budget ordinance is adopted, and within the limits of its power
and subject to other provisions of this title, shall ordain such taxes and other revenue measures as will yield sufficient revenue, which,
together with any available surplus, will balance the budget.
(b) Revenues shall be estimated only upon the basis of the cash receipts anticipated for the fiscal year.
(c) The estimated yield from each item of revenue and of the amounts of surplus to be used in the balancing of the budget shall be
certified to the County Council by the County Executive.
(d) The annual operating budget ordinance shall not become effective until the County Council shall have adopted revenue measures
which, together with the available surplus, shall in the opinion of the County Executive be estimated to yield sums at least sufficient to
balance the proposed expenditures. The Office of Finance shall not approve any expenditure under any portion of an annual operating
budget ordinance until such balancing shall have been provided.
(e) County Council, in the enactment of the annual revenue ordinance or other revenue measures, shall not impose ad valorem taxation
on real property within any municipality to pay the cost of any local service function if such function is performed by the municipality for
its residents, paid out of municipal revenues and the fact that the service is being provided is validated by County Council. The provisions
of this subsection shall not be applicable:
(1) In any instance where a municipality initiates the performance of, or exercises responsibility for, a local service function or a
distinct activity without the affirmative action of an ordinance of the County Council of New Castle County; and
(2) To the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the
metropolitan area.
(f) County Council, in the enactment of the annual revenue ordinance or in the enactment of other revenue measures, shall uniformly
impose ad valorem taxation on real property within the County and pay the cost of the General Operating Budget.
(9 Del. C. 1953, § 1158; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 46-49.)
§ 1159 Capital program and capital budget.
(a) County Council shall adopt a capital program and adopt a capital budget before, or at the same meeting as, it adopts the annual
operating budget.
(b) The capital program shall detail all permanent physical improvements, including the acquisition of real estate, that are planned to
be financed, in whole or in part, from funds that are, or may become, subject to control or appropriation by the County Council during
each of the ensuing 6 years. For each separate project there shall be shown the amount and the source of money that has been expended
or encumbered, or is to be expended or encumbered before the next fiscal year, and also the amount and the sources of money planned
to be expended during each of the ensuing 6 years.
(c) The County Council may not amend the capital program as submitted to it by the County Executive, until it has received from
the County Executive recommendations with respect to the proposed amendment. The County Council shall not be bound by such
recommendations and may act without them if they are not received within 15 days from the date they are requested.
(d) The Capital Budget Ordinance shall show the total capital appropriations.
(e) Amendments to the Capital Budget Ordinance must conform to the pertinent portions of the capital program in its original or
amended form.
(f) The County Council, in the adoption of the Capital Budget Ordinance, shall not include in the revenue estimates, any estimated
revenues to be derived from ad valorem taxation of real property within a municipality for any capital expenditure, including debt service,
which is related to the performance by the County of a local service function which is performed by the municipality for its own residents,
paid out of municipal revenues and the fact that the service is being provided is validated by County Council. The County Council, in the
adoption of the Capital Budget Ordinance, shall not impose ad valorem taxation on real property within a municipality for the payment of
the cost of any capital expenditure, including debt service, which is related to the performance by the County of a local service function
which is performed by the municipality for its own residents, paid out of municipal revenues and the fact that the service is being provided
is validated by County Council. This subsection shall not be applicable:
(1) In any instance where a municipality initiates the performance of, or exercises responsibility for, a local service function or a
distinct activity without the affirmative action in the form of an ordinance of the County Council of New Castle County; and
(2) To capital expenditures, including debt service, for the acquisition by the County of park and recreational facilities which are
not local in nature and which serve the metropolitan area.
(g) The County Council, in the adoption of a capital budget by ordinance, shall uniformly impose ad valorem taxation on real property
within the County for the payment of the cost of any capital expenditure, including debt service, which is not related to the performance
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by the County of a local service function which is performed by a municipality for its own residents, paid out of municipal revenues and
the fact that the service is being provided is validated by County Council.
(9 Del. C. 1953, § 1159; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 50, 51-54.)
§ 1160 Unrestricted use of present revenues.
(a) The government of New Castle County may use the proceeds derived from ad valorem taxation of real property within the County,
including real property within municipalities, at the tax rate imposed by the Levy Court of New Castle County as of July 1, 1965, for any
purpose including the payment of the cost of services included in the Local Service Function Budget.
(b) The provisions of §§ 1131, 1134(d), 1155(d) and (e), 1158(e) and (f), and 1159(f) and (g) of this title shall be subject to the
provisions of subsection (a) of this section.
(9 Del. C. 1953, § 1160; 55 Del. Laws, c. 85, § 1.)
§ 1161 Authentication, recording, codification, and reproduction of ordinances.
(a) The Clerk of County Council shall authenticate by signature, and record in full in a properly indexed book kept for the purpose,
all ordinances and resolutions adopted by the County Council.
(b) Within 3 years after the commencement of the system of government provided in this chapter and at least every 10 years thereafter,
the County Council shall provide for the preparation of a general codification of all county ordinances having the force and effect of
continuing law. The general codification shall be adopted by the County Council by ordinance and shall be published promptly in bound
or loose-leaf form, together with pertinent provisions of the Delaware Code and any amendments thereto, pertinent provisions of the
Constitution and other laws of this State applicable to New Castle County, and such codes of technical regulations and other rules and
regulations as the County Council may specify. This compilation shall be known and cited officially as the New Castle County Code.
Copies of the County Code shall be furnished to county officers, departments and boards, placed in libraries and public offices for free
public reference, and made available for purchase by other persons at a reasonable price fixed by the County Council.
(c) The County Council shall cause each ordinance having the force and effect of law, and each amendment to state law affecting the
County, to be reproduced promptly following its adoption; and the reproduced ordinances, and the amendments to state law, shall be
distributed or sold to any person at reasonable prices to be fixed by the County Council. Subsequent to the publication of the first New
Castle County Code, the ordinances and the amendments to state law shall be printed or reproduced in substantially the same style as
the County Code currently in effect and shall be suitable in form for integration therein. The County Council shall make such further
arrangements as it deems desirable with respect to reproduction and distribution of any current changes in, or additions to, the provisions
of the Constitution and other laws of this State or the codes of technical regulations included in the County Code.
(9 Del. C. 1953, § 1161; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1162 Adoption of pay plans.
(a) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole
from appropriations made by the County Council, except those whose compensation is fixed by state law, shall be compensated only in
accordance with pay plans adopted by the County Council.
(b) Not more than 15 days after receipt from the County Executive of any recommendation of measures for the establishment or
amendment of a pay plan or portions thereof, the President of County Council shall introduce an ordinance for the adoption of such
recommendations. Not later than 60 days after the receipt of such recommendations, the County Council shall adopt them as submitted
or in such amended form as the County Council shall provide. Should the County Council fail to act upon such recommendations within
such 60-day period, its approval shall be presumed and the recommended pay plan or amendment thereto shall become effective as
recommended.
(9 Del. C. 1953, § 1162; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 55.)
§ 1163 Creation of debt.
(a) (1) The County Council shall exercise all power vested in the Levy Court of New Castle County prior to January 3, 1967, in
connection with the creation of debt, and in addition, shall have the power to authorize the issuance of bonds of New Castle County to
finance the cost of any object, program or purpose for which New Castle County, or any officer, department, board or agency thereof, is by
this title or by any other law, authorized to raise, appropriate or expend money, or for the implementation and performance of functions,
programs and purposes specified in this title, or in any other law, applicable to New Castle County; provided, however, that the County
Council shall not have authority to create or to authorize the creating of any bonded indebtedness for the following purposes: The payment
of any operating expenses; the payment of any judgment resulting from the failure of the County to pay any item of operating expense;
the payment for any equipment or any public improvement of a normal life of less than 3 years. The foregoing limitations shall not apply
should the County Council unanimously declare the existence of an emergency due to public calamity.
(2) The powers conferred by this chapter shall be in addition to and not in substitution for or in limitation of the powers conferred by
any other law. Bonds may be issued under this section for any object or purpose for which the County is by this chapter or any other
law authorized to raise or appropriate or expend money notwithstanding that any other law may provide for the issuance of bonds for
the same or like purposes and without regard to the requirements, restrictions or other provisions contained in any other law. Bonds
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may be issued under this chapter notwithstanding any debt or other limitation prescribed by any other law, and the mode and manner
of procedure for the issuance of bonds and the adoption of the ordinance authorizing issuance of the bonds under this chapter need not
conform to the provisions of any other law or any other provision of this chapter.
(3) Bonds issued pursuant to this chapter shall be authorized by an ordinance passed by the County Council with the concurrence
of 5/7 of all of the members elected to the County Council. However, when County Council has more than 7 members, bonds issued
pursuant to this chapter shall be authorized by an ordinance passed by the County Council with the concurrence of 3/4 of all the members
elected to the County Council. Each such ordinance shall state in brief and general terms the objects or purposes for which the bonds
are to be issued and the maximum aggregate principal amount of bonds to be issued for each such object or purpose. Such ordinance,
or a subsequent resolution of the County Council, shall specify, or may delegate authority to the County Executive to determine, the
following: The date or dates of such bonds; the maturity of such bonds; provisions for either serial or term bonds; sinking fund or other
reserve fund requirements, if any; due dates of the interest thereon; the form of such bonds; the denominations and designation of such
bonds; registration, conversion and transfer privileges; provisions for redemption prior to maturity, if any, with or without premium;
limitations with respect to the interest rate or rates on such bonds; the times and place or places within or without this State for the
payment of the principal of or interest on the bonds; the method of execution of the bonds; provisions for the consolidation of bonds
authorized for several objects and purposes pursuant to 1 or more ordinances into 1 consolidated issue; provisions for the receipt and
deposit or investment of the good faith deposit pending delivery of such bonds; provisions for the public or private sale of the bonds as
hereinafter provided; provisions for the replacement of lost, stolen, mutilated or destroyed bonds; and such other terms and conditions
of such bonds and of the issuance and sale thereof as the County Council may determine to be in the best interests of the County. Debt
incurred by the County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council which
may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter,
and the County Council by resolution may determine, or it may delegate authority to the County Executive to determine, all procedures
appropriate to the establishment of a system of issuing uncertificated debt.
(4) The bonds authorized by each ordinance shall mature as may be determined by the County Council but in any event not later than
30 years after the date of the bonds; provided, however, that the last maturity of bonds issued to finance any single water improvement
costing over $5,000,000 may mature not later than 40 years after the date of such bonds.
(5) Bonds issued pursuant to this chapter shall be sold by the County Executive at public sale upon sealed proposals after at least
10 days’ notice published at least once in 1 newspaper published in New Castle County and in a financial journal published in the
City of New York, at such price and upon such terms, conditions and regulations as the County Council may prescribe; provided, that
the County Council may authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and
regulations as it may prescribe.
(6) The proceeds of the sale of bonds issued under this chapter shall be used only for the object or purpose or objects or purposes
specified in the ordinance authorizing such bonds or for the payment of the principal of and interest on temporary loans made in
anticipation of the sale of such bonds. If for any reason any part of such proceeds are not applied to or are not necessary for such
purposes, such unexpended part of such proceeds shall be applied to the payment of the principal of or interest on such bonds.
(7) a. Bonds shall not be issued pursuant to this chapter if their issuance would increase the aggregate principal amount of all bonds of
the County then outstanding to an amount in excess of 3% of the assessed valuation of the real estate taxable by the County. Provided,
however, that in computing the outstanding bonds under the previous sentence of this paragraph, there shall not be included therein
any bond, notes or other evidences of indebtedness issued, or which may be issued, after January 8, 1968:
1. Under Chapter 23 of this title for the purpose of financing facilities for sanitary districts or under Chapter 5 of this title for
the purpose of financing suburban community improvements;
2. Under this chapter or any other provision of law for the purpose of financing the construction or acquisition of sewer or
sewage systems, airport facilities or water improvements or supply systems;
3. To the extent of any sinking fund or other reserve fund which will be available for the payment of, and which is pledged
to secure, said debt;
4. In anticipation of tax or other revenues pursuant to subsection (c) of this section; or
5. Which do not pledge the full faith and credit of the County.
b. For the purposes of calculating under paragraph (a)(7)a.3. of this section, above, the amount of any sinking or reserve fund
which will be available for payment of a debt, such fund shall be counted only to the extent that it is invested in obligations of,
or guaranteed by, the United States or any agency or instrumentality thereof and, to the extent that the rate of investment earnings
thereon is not fixed or guaranteed, such rate shall be assumed to be 6% per annum.
(8) Whenever the County Council shall have authorized the issuance of bonds by an ordinance adopted pursuant to this chapter, the
County may borrow money in anticipation of the issuance of such bonds so authorized and, for such purpose, may issue, and may from
time to time, renew negotiable bond anticipation notes of the County, of an aggregate principal amount not exceeding the principal
amount of such bonds authorized by such resolution. The County may also borrow money in anticipation of the receipt of grants either
from the federal or state government or from any of their agencies, and for such purpose, may issue, and may from time to time,
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renew negotiable grant anticipation notes of the County in an aggregate amount, including interest thereon to the date of maturity,
not greater than the grant or grants in anticipation of the receipt of which the notes are issued. The principal of and interest on the
grant anticipation notes shall be payable out of the proceeds of the grant or grants, and the County shall so covenant. With respect
to bond anticipation notes and grant anticipation notes, the County Council shall authorize such notes by a resolution or resolutions
which shall determine the date of the notes, the date on which such notes are to be payable, the maximum principal amount thereof and
the rate or maximum rate of interest to be borne thereby and the manner of their signing. The County Council in such resolution may
delegate to the County Executive authority to sell the notes thereby authorized, either at public or private sale, and to determine within
the limitations prescribed by such resolution the rate of interest to be borne by such notes and the principal amount thereof. Moneys
raised by the issuance of notes in anticipation of the issuance of bonds or in anticipation of the receipt of grants shall be used only
to finance the object or purpose for which the proceeds of the bonds or grants, respectively, may be used and such proceeds shall be
applied, to the extent necessary, to pay and retire such notes. Notwithstanding any provisions of paragraph (a)(10) of this section, and
notwithstanding any other provision of this chapter or any provision of any other law, grant anticipation notes may be made payable
only from the proceeds of grants and need not pledge the faith and credit or taxing power of the County, and in that case, the notes
may not be deemed to constitute an indebtedness of or a charge against the general credit or taxing power of the County within the
meaning of any debt or other limitation or any provision of any other law.
(9) The full faith and credit of the County shall be deemed to be pledged for the punctual payment of the principal of and interest on
every bond and note issued under this chapter. The County Council shall annually levy and collect a tax ad valorem upon all property
taxable by the County sufficient to pay the principal of and interest on each such bond or note as such principal and interest become
due; provided, however, such tax may be reduced by the amount of other moneys appropriated and actually available for such purpose
or provided for by local or special assessments or local service taxes. Nothing in this subsection shall relieve the government of New
Castle from any requirement to levy any local or special assessment or local service tax.
(10) All bonds, notes or other evidences of indebtedness issued pursuant to this chapter shall recite that they are issued for a purpose
or purposes as specified in the authorizing ordinance or resolution and that they are issued pursuant to the terms of the Constitution
and laws of this State and the County. Upon the sale and delivery of any such bonds, notes or other evidences of indebtedness against
payment, such recitals shall be conclusive as to the right, power and authority of the County to issue the same and of the legality,
validity and enforceability of the obligation of the County to pay principal of and interest on the same. In case any county official whose
signature or a facsimile thereof shall appear on any such bonds, notes or other evidences of indebtedness shall cease to be such officer
before the delivery of such obligation, or in case the seal of the County which appears on any such obligation shall change before the
delivery of such obligation, such signature, seal or facsimile thereof shall nevertheless be valid and sufficient for all purposes as if such
officer had remained in office and as if such seal had not changed. The legality, validity and enforceability of such bonds, notes or
other evidences of indebtedness shall never be questioned in any court of law or equity by the County or any person after the issuance,
execution and delivery against payment for the same. All such bonds, notes and other evidences of indebtedness are hereby declared
to have all the qualities and incidents of negotiable instruments under the commercial code of this State.
(b) The County Council may authorize the Chief Financial Officer to issue bonds or certificates of indebtedness to finance assessable
public improvements in the manner provided by law.
(c) The County Council, subject to such limitations as may be imposed by the Constitution or laws of the State, may borrow in any
fiscal year in the anticipation of the collection of taxes or other revenue budgeted for such year, and for any purposes for which such taxes
are levied, such sums as shall not be in excess of 50% of the amount of uncollected taxes of such fiscal year.
(9 Del. C. 1953, § 1163; 55 Del. Laws, c. 85, § 1; 56 Del. Laws, c. 232; 64 Del. Laws, c. 318, §§ 5, 6; 71 Del. Laws, c. 401, §§ 15,
56, 57; 72 Del. Laws, c. 162, §§ 1, 2.)
§ 1164 Councilmanic districts.
The boundaries of the 7 councilmanic districts shall be as follows:
DISTRICT 1
The boundaries of the first councilmanic district shall comprise all that portion of the City of Wilmington, Christiana Hundred and
New Castle Hundred bounded by a line beginning at the point of intersection of the center line of the northerly boundary of the City of
Wilmington with the center line of the boundary line of the States of Delaware and New Jersey; thence in a generally westerly direction
along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Pennsylvania Railroad
right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection
with the center line of Todds Lane extended; thence in a northwesterly direction along the center line of Todds Lane extended and Todds
Lane to its point of intersection with the center line of Bowers Street; thence in a southwesterly direction along the center line of Bowers
Street to its point of intersection with the center line of 27th Street; thence in a northwesterly direction along the center line of 27th Street
to its point of intersection with the center line of Claymont Street; thence in a southwesterly direction along the center line of Claymont
Street to its point of intersection with the center line of 26th Street; thence in a northwesterly direction along the center line of 26th Street
to its point of intersection with the center line of North East Boulevard; thence in a northeasterly direction along the center line of North
East Boulevard to its point of intersection with the center line of 30th Street; thence in a northwesterly direction along the center line of
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30th Street to its point of intersection with the center line of Market Street; thence in a southwesterly direction along the center line of
Market Street to its point of intersection with the center line of Concord Avenue; thence in a northerly direction along the center line of
Concord Avenue to its point of intersection with the center line of Washington Street; thence in a southwesterly direction along the center
line of Washington Street to its point of intersection with the center line of Baynard Boulevard; thence in a southerly direction along
the center line of Baynard Boulevard to its point of intersection with the center line of the Brandywine Creek; thence in a northwesterly
direction along the center line of the Brandywine Creek to its intersection with the center line of Adams Street extended; thence in a
southwesterly direction along the center line of Adams Street extended and Adams Street to its point of intersection with the center line
of Delaware Avenue; thence in a southeasterly direction along the center line of Delaware Avenue to its point of intersection with the
center line of Adams Street; thence in a southwesterly direction along the center line of Adams Street to its point of intersection with the
center line of 10th Street; thence in a northwesterly direction along the center line of 10th Street to its point of intersection with the center
line of Jackson Street; thence in a northeasterly direction along the center line of Jackson Street to its point of intersection with Delaware
Avenue; thence in a northwesterly direction along the center line of Delaware Avenue to its point of intersection with the center line of
Pennsylvania Avenue; thence in a westerly direction along the center line of Pennsylvania Avenue to its point of intersection with the
center line of Broom Street; thence in a southwesterly direction along the center line of Broom Street to its point of intersection with the
center line of 6th Street; thence in a northwesterly direction along the center line of 6th Street to its point of intersection with the center
line of duPont Street; thence in a southwesterly direction along the center line of duPont Street to its point of intersection with the center
line of 4th Street; thence in a northwesterly direction along the center line of 4th Street to its point of intersection with the center line
of Union Street; thence in a southwesterly direction along the center line of Union Street to its point of intersection with the center line
of Linden Street; thence in a northwesterly direction along the center line of Linden Street and Linden Street extended to its point of
intersection with the center line of the boundary of the City of Wilmington; thence in a southwesterly and southeasterly direction along
the center line of the boundary of the City of Wilmington and the boundary of the City of Elsmere to its point of intersection with the
most eastern point of the center line of the boundary of the City of Elsmere; thence in a southwesterly direction along the center line of
the boundary of the City of Elsmere to its point of intersection with the center line of duPont Road; thence in a southeasterly direction
along the center line of duPont Road to its point of intersection with the center line of Howard Street; thence in a southerly direction
along the center line of Howard Street to its point of intersection with the center line of Matthes Avenue; thence in an easterly direction
along the center line of Matthes Avenue to its point of intersection with the center line of Maryland Avenue; thence in a southwesterly
direction along the center line of Maryland Avenue to its point of intersection with the center line of Middleboro Road; thence in an
easterly direction along the center line of Middleboro Road and Middleboro Road extended to its point of intersection with the center line
of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad rightof-way (extended) to its intersection with the center line of the Christina River; thence in an easterly and northerly direction along the
center line of the Christina River to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a
southeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of
South Heald Street (Heald Street Cut-Off); thence in a southwesterly direction along the center line of South Heald Street (Heald Street
Cut-Off) to its intersection with the center line of Rogers Road; thence in a southeasterly direction along the center line of Rogers Road
to its point of intersection with the center line of New Castle Avenue; thence southwesterly along the center line of New Castle Avenue
to its point of intersection with the center line of Lambson Lane; thence in an easterly direction along the center line of Lambson Lane
to its intersection with the center line of the boundary of the City of Wilmington; thence in a southeasterly direction along the center line
of the boundary of the City of Wilmington to its point of intersection with the center line of the boundary of the States of Delaware and
New Jersey; thence in a northeasterly direction along the center line of the boundary of the States of Delaware and New Jersey to its
intersection with the center line of the northern boundary of the City of Wilmington, the point and place of beginning.
DISTRICT 2
The boundaries of the second councilmanic district shall comprise all that portion of Brandywine Hundred and the City of Wilmington
bounded by a line beginning at the point of intersection of the center line of the most eastern point of the state boundary of the States of
Delaware and New Jersey; thence in a northwesterly direction along the center line of the state boundary of the States of Delaware and
New Jersey to the point of its intersection with the center line of the state boundary of the States of Delaware and Pennsylvania; thence in a
westerly direction along the center line of the state boundary of the State of Delaware and Pennsylvania to its point of intersection with the
center line of Dartmouth Woods Road extended; thence in a southerly direction along the center line of Dartmouth Woods Road extended
and Dartmouth Woods Road to its point of intersection with the center line of Naamans Road; thence in a westerly direction along the
center line of Naamans Road to its point of intersection with the center line of Grubb Road; thence in a southeasterly direction along the
center line of Grubb Road to its point of intersection with the center line of Weatherton Drive; thence in a southerly direction along the
center line of Weatherton Drive to its point of intersection with the center line of Raven Road; thence in a westerly direction along the
center line of Raven Road to its point of intersection with the center line of Kingman Drive; thence in a generally southerly direction along
the center line of Kingman Drive to its point of intersection with the center line of Silverside Road; thence in a southeasterly direction
along the center line of Silverside Road to its point of intersection with the center line of Graylyn Road; thence in a southwesterly direction
along the center line of Graylyn Road to its point of intersection with the center line of Graywell Road; thence in a southwesterly direction
along the center line of Graywell Road to its point of intersection with the center line of Wilson Road; thence in a southwesterly direction
along the center line of Wilson Road to its point of intersection with the center line of Shipley Road; thence in a southerly direction along
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the center line of Shipley Road to its point of intersection with the center line of the Baltimore and Ohio Railroad right-of-way; thence
in a southwesterly direction along the center line of the Baltimore and Ohio Railroad right-of-way to its point of intersection with the
center line of the boundary of the City of Wilmington; thence in a southerly, easterly and northerly direction along the center line of the
boundary of the City of Wilmington to its intersection with the center line of Lea Boulevard; thence in a southeasterly direction along the
center line of Lea Boulevard to its intersection with the center line of Washington Street; thence in a southwesterly direction along the
center line of Washington Street to its intersection with the center line of 33rd Street; thence in a southeasterly direction along the center
line of 33rd Street to its point of intersection with the center line of Market Street; thence in a southwesterly direction along the center
line of Market Street to its point of intersection with the center line of 30th Street; thence in a southeasterly direction along the center line
of 30th Street to its point of intersection with the center line of North East Boulevard; thence in a southwesterly direction along the center
line of North East Boulevard to its point of intersection with the center line of 26th Street; thence in a southeasterly direction along the
center line of 26th Street to its point of intersection with the center line of Claymont Street; thence in a northeasterly direction along the
center line of Claymont Street to its point of intersection with the center line of 27th Street; thence in a southeasterly direction along the
center line of 27th Street to its point of intersection with the center line of Bowers Street; thence in a northeasterly direction along the
center line of Bowers Street to its point of intersection with the center line of Todds Lane; thence in a southeasterly direction along the
center line of Todds Lane and Todds Lane extended to its point of intersection with the center line of the Pennsylvania Railroad right-ofway; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with
the center line of the boundary of the City of Wilmington; thence in a generally easterly direction along the center line of the northern
boundary of the City of Wilmington to its point of intersection with the center line of the state boundary of the States of Delaware and
New Jersey; thence in a northeasterly direction along the center line of the state boundary of the States of Delaware and New Jersey to
the most eastern point of the state boundary of the States of Delaware and New Jersey, the point and place of beginning.
DISTRICT 3
The boundaries of the third councilmanic district shall comprise all that portion of Brandywine Hundred, Christiana Hundred, Mill
Creek Hundred, and the City of Wilmington bounded by a line beginning at the point of intersection of the center line of the state boundary
of the States of Delaware and Pennsylvania and the center line of Dartmouth Woods Road extended; thence in a generally westerly
direction along the center line of the boundaries of the States of Delaware and Pennsylvania to its point of intersection with the center
line of Old Wilmington Road; thence in a generally southeasterly direction along the center line of Old Wilmington Road to its point of
intersection with the center line of Loveville Road; thence in a southerly direction along the center line of Loveville Road to its point of
intersection with the center line of Lancaster Pike (Route 48); thence in a southeasterly direction along the center line of Lancaster Pike
(Route 48) to its point of intersection with the center line of Center Road (Route 141); thence in a southwesterly direction along the center
line of Center Road (Route 141) to its point of intersection with the center line of Faulkland Road; thence in an easterly direction along
the center line of Faulkland Road to its point of intersection with the center line of duPont Road; thence in a southerly direction along the
center line of duPont Road to its point of intersection with the center line of the boundary of the City of Elsmere; thence in a southeasterly
direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of the boundary of
the City of Wilmington; thence in a northeasterly direction along the center line of the boundary of the City of Wilmington to its point
of intersection with the center line of Linden Street extended; thence in a southeasterly direction along the center line of Linden Street
extended and Linden Street to its point of intersection with the center line of Union Street; thence in a northeasterly direction along the
center line of Union Street to its point of intersection with the center line of 4th Street; thence in a southeasterly direction along the center
line of 4th Street to its point of intersection with the center line of duPont Street; thence in a northeasterly direction along the center line
of duPont Street to its intersection with the center line of 6th Street; thence in a southeasterly direction along the center line of 6th Street
to its point of intersection with the center line of Broom Street; thence in a northeasterly direction along the center line of Broom Street to
its intersection with the center line of Pennsylvania Avenue; thence in an easterly direction along the center line of Pennsylvania Avenue
to its point of intersection with the center line of Delaware Avenue; thence in a southeasterly direction along the center line of Delaware
Avenue to its second point of intersection with the center line of Jackson Street; thence in a southwesterly direction along the center line
of Jackson Street to its point of intersection with the center line of 10th Street; thence in a southeasterly direction along the center line
of 10th Street to its point of intersection with the center line of Adams Street; thence in a northeasterly direction along the center line of
Adams Street to its point of intersection with the center line of Delaware Avenue; thence in a northwesterly direction along the center
line of Delaware Avenue to its point of intersection with the center line of Adams Street; thence in a northeasterly direction along the
center line of Adams Street and Adams Street extended to its point of intersection with the center line of the Brandywine Creek; thence
in a southeasterly direction along the center line of the Brandywine Creek to its point of intersection with the center line of Baynard
Boulevard; thence in a northeasterly direction along the center line of Baynard Boulevard to its point of intersection with the center
line of Washington Street; thence in a northeasterly direction along the center line of Washington Street to its point of intersection with
the center line of Concord Avenue; thence in a southerly direction along the center line of Concord Avenue to its point of intersection
with the center line of Market Street; thence in a northeasterly direction along the center line of Market Street to its point of intersection
with the center line of 33rd Street; thence in a northwesterly direction along the center line of 33rd Street to its point of intersection
with the center line of Washington Street; thence in a northeasterly direction along the center line of Washington Street to its point of
intersection with the center line of Lea Boulevard; thence in a northwesterly direction along the center line of Lea Boulevard to its point
of intersection with the center line of the boundary of the City of Wilmington; thence in a westerly, southerly and northerly direction
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along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Baltimore and Ohio
Railroad right-of-way; thence in a northeasterly direction along the center line of the Baltimore and Ohio Railroad right-of-way to its
point of intersection with the center line of Shipley Road; thence in a northwesterly direction along the center line of Shipley Road to its
point of intersection with the center line of Wilson Road; thence in a northeasterly direction along the center line of Wilson Road to its
point of intersection with the center line of Graywell Road; thence in a northwesterly direction along the center line of Graywell Road to
its point of intersection with the center line of Graylyn Road; thence in a northeasterly direction along the center line of Graylyn Road
to its point of intersection with the center line of Silverside Road; thence in a northwesterly direction along the center line of Silverside
Road to its point of intersection with the center line of Kingman Drive; thence in a generally northerly direction along the center line
of Kingman Drive to its point of intersection with the center line of Raven Road; thence in an easterly direction along the center line of
Raven Road to its point of intersection with the center line of Weatherton Drive; thence in a northeasterly direction along the center line
of Weatherton Drive to its point of intersection with the center line of Grubb Road; thence in a northwesterly direction along the center
line of Grubb Road to its point of intersection with the center line of Naamans Road; thence in an easterly direction along the center line
of Naamans Road to its point of intersection with the center line of Dartmouth Woods Road; thence in a northeasterly direction along the
center line of Dartmouth Woods Road and Dartmouth Woods Road extended to its point of intersection with the center line of the state
boundary of the States of Delaware and Pennsylvania, the point and place of beginning.
DISTRICT 4
The boundaries of the fourth councilmanic district shall comprise all that portion of Christiana Hundred, Mill Creek Hundred, the City
of Elsmere and the City of Newport bounded by a line beginning at the point of intersection of the center line of Center Road (Route 141)
and the center line of Lancaster Pike (Route 48); thence in a northwesterly direction along the center line of Lancaster Pike (Route 48) to
its point of intersection with the center line of Loveville Road; thence in a southerly direction along the center line of Loveville Road and
McKennans Church Road to its point of intersection with the center line of Milltown Road; thence in a southwesterly direction along the
center line of Milltown Road to its point of intersection with the center line of the Kirkwood Highway (Route 2); thence in a southwesterly
direction along the center line of Kirkwood Highway (Route 2) to its point of intersection with the center line of the entrance road to
Delaware Park; thence in a southeasterly direction along the center line of the entrance road to Delaware Park to its point of intersection
with the center line of Old Capitol Trail; thence in a southwesterly direction along the center line of Old Capitol Trail to its point of
intersection with the center line of Oak Street; thence in a southeasterly and southwesterly direction along the center line of Oak Street to
its point of intersection with the center line of Marta Drive; thence in a southwesterly direction along the center line of Marta Drive to its
point of intersection with the center line of a stream connecting Marta Drive with White Clay Creek; thence in a southeasterly direction
along the center line of a stream connecting Marta Drive with White Clay Creek to its point of intersection with the center line of the
White Clay Creek; thence in a generally northeasterly, southerly and easterly direction along the center line of the White Clay Creek to its
point of intersection with the Christina River; thence generally northeasterly along the center line of the Christina River to its intersection
with the center line of the Pennsylvania Railroad right-of-way extended; thence in a northeasterly direction along the center line of the
Pennsylvania Railroad right-of-way extended to its point of intersection with the center line of Middleboro Road extended; thence in a
westerly direction along the center line of Middleboro Road extended and Middleboro Road to its point of intersection with the center
line of Maryland Avenue; thence in a northeasterly direction along the center line of Maryland Avenue to its point of intersection with
the center line of Matthes Avenue; thence in a northwesterly direction along the center line of Matthes Avenue to its point of intersection
with the center line of Howard Street; thence in a northerly direction along the center line of Howard Street to its point of intersection
with the center line of duPont Road; thence in a northwesterly direction along the center line of duPont Road to its point of intersection
with the center line of the boundary of the City of Elsmere; thence in a northeasterly and generally northwesterly direction along the
center line of the boundary of the City of Elsmere to its point of intersection with the center line of duPont Road; thence in a northerly
direction along the center line of duPont Road to its point of intersection with the center line of Faulkland Road; thence in a westerly
direction along the center line of Faulkland Road to its point of intersection with the center line of Center Road (Route 141); thence in
a northeasterly direction along the center line of Center Road (Route 141) to its point of intersection with the center line of Lancaster
Pike (Route 48), the point and place of beginning.
DISTRICT 5
The boundaries of the fifth councilmanic district shall comprise all that portion of Mill Creek Hundred, White Clay Creek Hundred,
Pencader Hundred and the City of Newark bounded by a line beginning at the intersection of the center line of Old Wilmington Road and
the center line of the state boundary of the States of Delaware and Pennsylvania; thence in a southwesterly direction along the center line
of the state boundary line of the States of Delaware and Pennsylvania to its intersection with the center line of the boundaries of the States
of Maryland and Delaware; thence in a southerly direction along the center line of the boundary of the States of Maryland and Delaware
to its point of intersection with the center line of U.S. Route 40; thence in a generally easterly direction along the center line of U.S. Route
40 to its point of intersection with the center line of Salem Church Road; thence in a generally northwesterly direction along the center
line of Salem Church Road to its point of intersection with the center line of the Christina Creek; thence in a generally northeasterly
direction along the center line of the Christina Creek to its point of intersection with the center line of Ogleman Road (Route 7); thence
in a generally northwesterly direction along the center line of Ogleman Road (Route 7) to its point of intersection with the center line
of Christina Road (Route 273); thence northwesterly along the center line of the Christina Road (Route 273) to its intersection with the
center line of Harmony Road; thence in a generally northerly direction along the center line of Harmony Road to its point of intersection
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with the center line of Ogletown-Stanton Road; thence in a northeasterly direction along the center line of the Ogletown-Stanton Road to
its point of intersection with the center line of the Wilmington-Christiana Turnpike (Route 7); thence in a northerly direction along the
center line of the Wilmington-Christiana Turnpike (Route 7) to its point of intersection with the center line of the Pennsylvania Railroad
right-of-way; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection
with the center line of White Clay Creek; thence in a northerly and generally westerly direction along the center line of White Clay Creek
to its point of intersection with the center line of the stream connecting White Clay Creek with Marta Drive; thence in a northerly direction
along the center line of the stream connecting White Clay Creek with Marta Drive to its point of intersection with the center line of Marta
Drive; thence in a northeasterly direction along the center line of Marta Drive to its point of intersection with the center line of Oak Street;
thence in a northeasterly and northwesterly direction along the center line of Oak Street to its point of intersection with the center line of
Old Capitol Trail; thence in a northeasterly direction along the center line of Old Capitol Trail to its point of intersection with the center
line of the entrance road to Delaware Park; thence in a northwesterly direction along the center line of the entrance road to Delaware
Park to its point of intersection with the center line of the Kirkwood Highway (Route 2); thence in a northeasterly direction along the
center line of the Kirkwood Highway (Route 2) to its point of intersection with the center line of Milltown Road; thence in a northeasterly
direction along the center line of Milltown Road to its point of intersection with the center line of McKennans Church Road; thence in a
generally northerly direction along the center line of McKennans Church-Loveville Road to its point of intersection with the center line
of Old Wilmington Road; thence in a northwesterly direction along the center line of Old Wilmington Road to its point of intersection
with the center line of the boundary of the States of Delaware and Pennsylvania, the point and place of beginning.
DISTRICT 6
The boundaries of the sixth councilmanic district shall comprise all that portion of New Castle Hundred, Pencader Hundred, Red Lion
Hundred, St. Georges Hundred, Appoquinimink Hundred and Blackbird Hundred bounded by a line beginning at the point of intersection
of the center line of the southerly boundary of the City of Wilmington and the center line of the state boundary of the States of Delaware
and New Jersey; thence in a northwesterly direction along the center line of the southerly boundary of the City of Wilmington to its point
of intersection with the center line of Lambson Lane; thence in a generally westerly direction along the center line of Lambson Lane to
its point of intersection with the center line of New Castle Avenue; thence in a northeasterly direction along the center line of New Castle
Avenue to its point of intersection with the center line of Rogers Road; thence in a northwesterly direction along the center line of Rogers
Road to its point of intersection with the center line of South Heald Street (Heald Street Cut-Off); thence in a northeasterly direction along
the center line of South Heald Street (Heald Street Cut-Off) to its point of intersection with the center line of the boundary of the City of
Wilmington; thence in a northwesterly direction along the center line of the boundary of the City of Wilmington to its point of intersection
with the center line of the Christina River; thence in a generally southwesterly direction along the center line of the Christina River to
its point of intersection with the center line of the White Clay Creek; thence in a generally westerly direction along the center line of the
White Clay Creek to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly
direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of Wilmington
Christiana Turnpike (Route 7); thence in a southerly direction along the center line of the Wilmington Christiana Turnpike (Route 7)
to its point of intersection with the center line of Ogletown-Stanton Road; thence in a southwesterly direction along the center line of
Ogletown-Stanton Road to its point of intersection with the center line of Harmony Road; thence in a southerly direction along the center
line of Harmony Road to its point of intersection with the center line of Christiana-Ogletown Road (Route 273); thence in a southeasterly
direction along the center line of Christiana-Ogletown Road (Route 273) to its point of intersection with the center line of the Christina
Creek; thence in a generally southwesterly direction along the center line of the Christina Creek to its point of intersection with the center
line of Salem Church Road; thence in a southeasterly direction along the center line of Salem Church Road to its point of intersection with
the center line of U.S. Route 40; thence in a generally westerly direction along the center line of U.S. Route 40 to its point of intersection
with the center line of the state boundary of the States of Delaware and Maryland; thence in a southerly direction along the center line of
the state boundary of the States of Delaware and Maryland to its point of intersection with the center line of the boundary line between the
Counties of Kent and New Castle; thence in a generally easterly and northeasterly direction along the center line of the boundary between
the Counties of Kent and New Castle to its point of intersection with the center line of the boundary of the States of Delaware and New
Jersey; thence in a generally northerly direction along the center line of the boundary of the States of Delaware and New Jersey to its
point of intersection with the center line of the southerly boundary of the City of Wilmington, the point and place of beginning.
DISTRICT 7
The boundaries of the seventh councilmanic district shall comprise all of New Castle County.
(9 Del. C. 1953, § 1164; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, § 6; 57 Del. Laws, c. 303, § 5; 70 Del. Laws, c. 186, § 1.)
§ 1165 Redistricting after each census.
(a) It shall be the mandatory duty of the County Council to redistrict New Castle County into council districts after each regular United
States decennial census. For the general election in 2002 the County Council shall redistrict the county into 7 council districts, including
1 district comprising all of New Castle County for the election of the President of the county government.
(1) To accomplish the redistricting after the 2000 decennial census, the County Council shall, within 60 days after the official
reporting of the 2000 decennial census by the President to Congress, appoint 7 qualified voters of the County who shall comprise a
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Redistricting Commission. The members of this Redistricting Commission shall be appointed 1 from each of the 7 council districts of
the County, including 1 district comprising all of New Castle County, and shall not be employed by the County in any other capacity.
No more than 4 of the members shall be affiliated with the same political party. Within 90 days after appointment by County Council,
the Redistricting Commission shall file with the Clerk of County Council a report containing the recommended plan for adjusting the
council district boundaries to reapportion the county into 6 council districts with the following specifications:
a. Each district shall contain contiguous territory; and
b. Each district shall contain nearly as possible the same number of inhabitants and no district shall deviate in population more
than 15% from the average population for all districts, the average to be obtained by dividing the number 6 into the total population
of the county according to the last census.
(2) To accomplish the redistricting commencing with the 2010 decennial census, and each decennial census thereafter, the County
Council shall, within 60 days after the official reporting of the census by the President to Congress, appoint 13 qualified voters of the
County who shall comprise a Redistricting Commission. The members of this Redistricting Commission shall be appointed 1 from each
of the 12 council districts of the county and 1 at-large, and shall not be employed by the county in any other capacity. No more than 7
of the members shall be affiliated with the same political party. Within 90 days after appointment by Council Council, the Redistricting
Commission shall file with the Clerk of County Council a report containing the recommended plan for adjusting the council district
boundaries of districts 1 through 12 to comply with the following specifications:
a. Each district shall contain contiguous territory; and
b. Each district shall contain nearly as possible the same number of inhabitants and no district shall deviate in population more
than 15% from the average population for all districts, the average to be obtained by dividing the number 12 into the total population
of the county according to the last census.
(b) The report of the Redistricting Commission shall include a map and a description of the councilmanic districts recommended and
shall be in the form of a proposed ordinance. Once filed with the Clerk of County Council the report shall be treated as an ordinance
introduced by a member of the County Council.
(c) The procedure for the County Council’s consideration of the report shall be the same as for other ordinances, provided that a map
and a description of the proposed districts shall be published in addition to the other requirements for publication connected with enacting
ordinances.
(d) The County Council shall adopt a redistricting ordinance within 60 days after the report of the Redistricting Commission has
been filed with the Clerk of County Council. If a redistricting ordinance has not been adopted by the County Council and approved by
the County Executive within 60 days of filing the report by the Redistricting Commission, the redistricting plan as submitted by the
Redistricting Commission shall become effective as if it had been adopted by County Council and approved by the County Executive.
The redistricting ordinance, if 1 has been adopted by the County Council and approved by the County Executive, or the redistricting plan
as submitted by the Redistricting Commission shall then determine the boundaries of districts 1 through 6 until the next redistricting in
accordance with the provisions of this section, the provisions of § 1164 of this title notwithstanding.
(e) As used in § 1166 of this title, the phrase “odd-numbered federal decennial census” shall refer to the decades whose first digit is an
odd number, for example, 2010, 2030, 2050; and the phrase “even-numbered federal decennial census” shall refer to the decades whose
first digit is an even number, for example, 2000, 2020, 2040.
(9 Del. C. 1953, § 1165; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, §§ 7, 8, 14-16; 57 Del. Laws, c. 303, §§ 6, 7; 58 Del.
Laws, c. 406, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 568, § 2; 70 Del. Laws, c. 569, § 4; 71 Del. Laws, c. 401, § 15; 72
Del. Laws, c. 414, §§ 4, 5; 73 Del. Laws, c. 30, §§ 2, 3.)
§ 1166 Election of County Executive and officials of the county governing body.
(a) County Executives shall serve a term of 4 years and shall be elected in even-numbered and presidential election years.
(b) The officials elected to district 13 shall serve a term of 4 years and shall be elected in even-numbered presidential election years.
(c) All citizens qualified by the Constitution and laws of the State to vote in the County, and who satisfy the requirements for registration
prescribed by law, shall be qualified to vote for members of the County Council and for the County Executive.
(d) Except as otherwise provided by this chapter, the election laws of the State shall apply to elections held under this chapter. All
elections provided for by this chapter shall be conducted by the election authorities authorized to hold elections under the election laws
of the State.
(e) The nomination of persons to be candidates in the general elections for County Executive and officials of the county governing
body shall be governed by the election laws of the State.
(9 Del. C. 1953, § 1166; 55 Del. Laws, c. 85, § 1; 57 Del. Laws, c. 264, §§ 9-11; 57 Del. Laws, c. 303, §§ 8-10; 58 Del. Laws, c.
406, §§ 1-4; 70 Del. Laws, c. 569, § 5; 71 Del. Laws, c. 198, § 10; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 414, §§ 6, 7.)
§ 1167 Creation of departments and agencies.
The County Council, by ordinance, may establish departments, offices or agencies of the County in addition to those created by this
title and may prescribe the functions of all departments, offices and agencies, except that no function prescribed by this title to a particular
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department, office or agency may be discontinued or assigned by the County Council to any other department, office or agency without
the concurring approval of the County Executive.
(9 Del. C. 1953, § 1167; 55 Del. Laws, c. 85, § 1; 59 Del. Laws, c. 414, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1168 Vesting of slum clearance and housing authorities’ powers in county departments.
All of the powers of a slum clearance and redevelopment authority which now or hereafter shall be authorized under Chapter 45 of
Title 31 and all of the powers of a housing authority which are now or hereafter shall be authorized under Chapter 43 of Title 31 may be
vested by ordinance of New Castle County in such department or departments of the County Council as County Council may determine
and County Council may delegate to a department director or directors the authority to execute contracts, deeds, leases, mortgages and
other instruments necessary to carry out the aforesaid powers.
(60 Del. Laws, c. 34, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1169 Initial council meeting.
Except in the case of an emergency declared by the Governor, the county governing body shall not meet between the general election
day and the following Tuesday when the newly elected officials shall take office.
(70 Del. Laws, c. 568, § 3.)
Subchapter V
General Provisions
§ 1181 Bonding of officers and employees.
(a) Prior to the entry of any officers of the County upon the duties of their offices, the Office of Law shall procure at the expense of the
County, corporate surety bonds, conditioned for the faithful performance of their respective duties in such penal sums as shall be fixed
by the County Council, but the amount shall not in any case be less than $15,000.
(b) Within 6 months of the organization of the Office of Law, the County Attorney shall recommend through the County Executive
to the County Council, the amounts in which fidelity bonds shall be procured for the faithful performance of duties of all officers and
employees of the County Council, either generally or by categories. In the performance of this responsibility, the Office of Law may
recommend blanket bonds covering individual fidelity or may recommend comprehensive coverage for all, or for groups of employees,
on an occurrence basis.
(9 Del. C. 1953, § 1181; 55 Del. Laws, c. 85, § 1; 71 Del. Laws, c. 401, §§ 15, 58.)
§ 1182 Personal financial interest.
(a) Any county officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in
any corporation, in any contract with the County or in the sale of any land, material, supplies or services to the County or to a contractor
supplying the County, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such
a contract or sale.
(b) Any county officer or employee who wilfully conceals such a substantial financial interest, or wilfully violates the requirements of
this section, shall be guilty of malfeasance in office or position and shall forfeit his or her office or position.
(c) Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to
the County shall render the contract voidable by the County Executive or the County Council.
(9 Del. C. 1953, § 1182; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 1183 Prohibitions and penalties.
(a) The following prohibitions shall be applicable:
(1) No person shall be appointed to, or removed from, or in any way favored or discriminated against with respect to, any county
position, or appointive county administrative office, because of race, or color, or national origin, or political, or religious opinions or
affiliations, or sex, or sexual orientation, or gender identity;
(2) No person shall, wilfully or corruptly, make any false statement, certificate, mark, rating or report in regard to any test, certification
or appointment under the personnel provisions of this chapter, or in any manner commit or attempt to commit any fraud preventing the
impartial execution of the personnel provisions or of the rules and regulations made under this chapter;
(3) No person who seeks appointment or promotion with respect to any county position or appointive county administrative office
shall, directly or indirectly, give, render or pay any money, service or other valuable thing to any person for, or in connection with, that
person’s test, appointment, proposed appointment, promotion or proposed promotion.
(b) Any person who by himself or herself or with others wilfully or corruptly violates this section shall be fined not more than $500, or
imprisoned for not more than 1 year, or both. Any person convicted under this section shall be ineligible, for a period of 5 years thereafter,
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to hold any county office or position and, if that person is an officer or employee of the County, that person shall immediately forfeit his
or her office or position. The Superior Court shall have exclusive original jurisdiction over offenses under this section.
(9 Del. C. 1953, § 1183; 55 Del. Laws, c. 85, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 90, § 12; 79 Del. Laws, c. 47, § 14.)
§ 1184 Public right of inspection of public records.
(a) County records, the disclosure of which would invade a person’s right of privacy, hinder law enforcement, endanger the public
safety, or breach a legally recognized duty of confidence, or the nondisclosure of which is legally privileged, or which have been prepared
for or by the County Attorney for use in actions or proceedings to which the County is or may be a party, shall not be available for
public inspection.
(b) Except as provided in this section, all other county records shall be open for public inspection, but the officer, department, board or
commission, or other governmental agency of the County having the care and custody of such records, may make reasonable regulations
governing the time, place and manner of their inspection, and for purposes of archival preservation, copies of county records may be
substituted in lieu of original records.
(9 Del. C. 1953, § 1184; 55 Del. Laws, c. 85, § 1.)
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Part II
New Castle County
Chapter 13
County Departments
Subchapter I
Department of Land Use
§ 1301 Functions.
The Department of Land Use, managed by the general manager of the department, who shall be qualified by education, experience and
training, shall perform the following functions unless otherwise provided:
(1) The Department shall administer and enforce all statutes, ordinances and regulations for the protection of persons and property
from hazards in the use, occupancy, condition, erection, alteration, maintenance, repair, removal and demolition of buildings and
structures or any parts thereof, and of outdoor signs. The Department shall enforce compliance with the county subdivision and zoning
code and regulations thereunder, subject to determinations made by the Board of Adjustment on appeals taken thereto.
(2) The Department shall:
a. Issue all forms for applications and receive all applications for licenses.
b. Determine whether an applicant is properly entitled to the license which that applicant seeks.
c. If the application is granted and the proper fee has been paid to the Office of Finance, issue the license to the applicant, either
for itself or as agent for the officer, department or board under whose jurisdiction the subject matter thereof falls.
d. If the application is refused, notify the applicant in writing of the refusal and the reasons therefor.
e. The requirements and standards to be met by applicants for licenses shall include those established by the Department in cases
in which the Department is responsible for the function involved.
(3) The Department shall make all inspections except as may otherwise be specifically provided in this title.
(4) The Department shall determine, as a result of its inspection, whether any person or the owner of any property is violating the
conditions of any license, or whether any property owner is violating any statute, ordinance or regulation which it is the duty of the
Department to enforce. If the Department shall find a violation to exist, it shall forthwith make such order or take such other lawful
action as may be necessary to correct the dangerous or unlawful condition, and if necessary it shall invoke the assistance of the County
Attorney or the County Police Department, or both.
(5) The Department, whenever it finds that a holder of any license is violating the conditions thereof, shall revoke, suspend or cancel
the license. The Department shall also revoke, suspend or cancel a license whenever the office, department or board that granted the
license so directs. Any revocation, suspension or cancellation shall be in writing and shall state in detail the reasons therefor.
(6) The Department, on request of any officer, department or board, shall make a special inspection of any property upon which
unlawful conditions are believed to exist or to investigate the manner in which the holder of any license is operating under it. The
Department shall also receive and consider complaints from citizens.
(7) The Department shall:
a. Verify compliance with the New Castle County Code related to lines and grades;
b. Not issue any permits or certificates of occupancy unless the lines and grades requirements of the New Castle County Code
have been satisfied.
(8) The Department shall undertake studies of the pattern and of the potential for economic development within the County, and
recommend to the County Executive programs designed to improve basic conditions conducive to better economic development of
the County.
(9) The Department shall prepare and recommend to the Planning Board a comprehensive development plan for the County for
the purpose of promoting health, safety, prosperity and general welfare. For those portions of the County which do not lie within
the corporate limits of a municipality, the plan shall be definitive; for the remainder it shall reflect such portions of municipal
planning as may be appropriate for inclusion in the county comprehensive development plan. Upon adoption of the comprehensive
development plan, the Department shall be responsible for maintaining it on a current basis. To this end, it shall from time to time make
recommendations to the Planning Board for modification in the plan. Such comprehensive development plan shall show, as to present
and as to proposed ultimate development, the following: land use, general location, extent and character of streets, bridges, waterways
and other public ways; parks and open spaces; public buildings; public utilities and terminals, whether publicly or privately owned;
public housing, slum clearance and rehabilitation areas; and any other physical facility, with due regard to the aesthetic characteristics
of all public structures. The comprehensive development plan may, when requested by incorporated municipalities, set forth within
such municipalities any or all of the elements mentioned in this paragraph.
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(10) The Department may develop and maintain the official map of those portions of the County which do not lie within the limits of
incorporated municipalities. The official map and amendments thereto shall show all existing and established streets, planned streets,
recommended street lines located on the final or recorded plats of subdivisions and the location of existing or planned parks and open
spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the official map and shall be placed
thereon.
(11) The Department shall maintain and keep current the subdivision and zoning code for the County for the portions of the County
which do not lie within the limits of incorporated municipalities. To this end, it shall make recommendations, through the County
Executive to the County Council, for such revisions in the subdivision and zoning code as it shall deem appropriate and necessary for
the purpose of promoting the public health, safety, morals and general welfare of the County, which Code may contain regulations
with respect to the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the
density of population, and the use of buildings, structures and land for trade, industry, business, residence or other purposes.
(12) The Department shall prepare and recommend, through the County Executive to the County Council, such measures as it shall
deem appropriate for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted
areas.
(13) The Department shall assist the County Executive and Chief Administrative Officer in the preparation of the capital improvement
program for the 6-year period provided for in this title.
(14) The Department shall prepare and recommend, through the County Executive to the County Council, measures for the
replanning, improvement and reconstruction of neighborhoods and community centers and of areas or districts which may be wholly
or partially destroyed or seriously damaged by fire, earthquake, flood or other disaster.
(15) The Department shall assess all property subject to taxation by the County and maintain appropriate records.
(16) The Department shall prepare tax rolls, including those required by any municipality, school district or special district lying
within or partially within the County if authorized by law or such districts.
(17) The Department shall prepare the necessary assessment rolls of assessable public improvements.
(9 Del. C. 1953, § 1361; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59.)
§ 1302 Definitions.
In this subchapter:
(1) “Inspection” shall mean any inspection, test or examination to which any person is subject as an applicant for, or a holder of,
a license, or to which any property is subject under any statute, ordinance or regulation which it is the duty of the County Executive
or of any other officer, department or board to enforce.
(2) “License” shall mean any license or permit required by statute, ordinance or regulation to be obtained from any county officer,
department or board as a prerequisite to engaging in any activity or having possession of or using any property.
(9 Del. C. 1953, § 1362; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1303 Planning Board.
(a) The Planning Board shall consist of 9 members. The County Executive, with the advice and consent of County Council, shall
appoint 8 members who shall serve for terms of 3 years, provided that the terms of at least 2 members shall expire each year, at least 1
term to expire on January 31, and 1 term to expire on July 31.
(b) The County Executive, with the advice and consent of County Council, shall appoint 1 member who shall be chairperson and who
shall serve at the pleasure of the County Executive.
(c) The compensation of the members of the Planning Board shall be determined by the County Council of New Castle County.
(71 Del. Laws, c. 401, § 59; 72 Del. Laws, c. 369, § 1.)
§ 1304 Functions of Planning Board.
The Planning Board shall perform the following functions:
(1) Consult with the general manager concerning the performance of such of the functions of the Department as either the Board
or the general manager shall deem appropriate. To this end, the general manager shall keep the Board informed concerning the work
of the Department and shall, at the request of the Board, furnish it such information as it may reasonably require in the performance
of this function.
(2) Review the proposed comprehensive development plan, proposed zoning plan changes, proposed subdivision regulations, and
all amendments thereto, and upon completion of its consideration of any of these, the Board shall recommend to the County Council
such action as the Board shall deem appropriate.
(9 Del. C. 1953, § 1343; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1305 Adoption and effectuation of comprehensive plan.
(a) After preparation of the comprehensive development plan by the Department and approval by the Planning Board, the plan shall be
reviewed by the County Executive and presented to the County Council. The County Council shall hold public hearings on the proposed
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plan or portions thereof in the same manner and under the same procedure required for the consideration and adoption of ordinances. The
County Council may adopt all or any portions of the comprehensive development plan.
(b) After adoption of all or portions of the comprehensive development plan by the County Council, the plan shall be viewed as a
document expressing the general policies and intentions of the County Council with respect to the future development of the County. It
shall not have the force and effect of a law or ordinance. After adoption of all or parts of the plan by the County Council, any proposed
action of the County Council relating to:
(1) The location, opening, vacation, extension, widening, narrowing or enlargement of any public ground, pierhead or watercourse
or street;
(2) The location, erection, demolition, removal or sale of any public structure; or
(3) The adoption, repeal or amendment of an official map, subdivision and land development ordinance, or zoning ordinance
shall be taken in compliance with the following requirements: (i) The proposed actions shall be submitted to the department for
recommendations, provided that the County Council may act without benefit of the Department’s recommendations if they are not
submitted within 45 days, and (ii) the County Council shall find that the proposed actions are in accordance with the spirit and intent of
the formally adopted portions of the comprehensive development plan before final action shall be taken by the County Council. When
the County Council finds that a proposed action is not in accordance with the spirit and intent of the formally adopted portions of the
comprehensive development plan it shall amend the plan to make the action taken and the comprehensive development plan consistent
with each other.
(9 Del. C. 1953, § 1344; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1306 Legal effect of subdivision regulations.
All proposed subdivisions of land to be made after the adoption of regulations governing subdivision of land shall be submitted to
the Department for approval for conformity to the subdivision regulations and no such proposed subdivision shall be made or recorded
unless approved by the Department. Approval of a plat of a subdivision shall constitute an acceptance on behalf of the County of any
street or open space for public use shown on the plat but shall not constitute a taking of the property for public use. Acceptance of the
street or open space for public use shall not within itself define the responsibilities of the State or the County in the paving, maintenance,
cleaning or lighting of such street or open space.
(9 Del. C. 1953, § 1345; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1307 Planned street lines and public parks; official map.
(a) Upon the recommendation of the Department, the County Council, by ordinance, may adopt an official map containing:
(1) The exact location of the planned lines of street widenings and extensions, or of future streets;
(2) The lines of all public streets then existing which have been established by law;
(3) All planned streets or street lines previously adopted under this section;
(4) All streets or street lines as located on the final or recorded plats of subdivisions as previously approved by the Department;
(5) All existing or planned public parks and other public open spaces.
(b) After adoption of the official map or street plan, no amendments thereto showing the location of a planned or mapped street shall
be adopted before public notice shall have been given to the owners of record of the land upon which, or abutting which, lies the future
street lines designated upon the plan.
(c) Any map or plan adopted prior to May 26, 1965, under Chapter 25 of this title, shall remain in effect until the County Council acts
under the provisions of subsection (a) of this section.
(9 Del. C. 1953, § 1346; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 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.
(9 Del. C. 1953; 55 Del Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
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§ 1309 Presumption of approval.
In the case of any matter required to be submitted to the Department or to the Planning Board, approval shall be presumed by the
Department or Planning Board unless the Department or Planning Board shall have acted within 45 days of receipt thereof, unless a longer
time shall have been allowed by the County Council.
(9 Del. C. 1953, § 1348; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1310 Legal effects of previously established road locations and road lines.
(a) All locations and lines of roads and other actions of the County related to subdivision of land and opening of roads legally established
in New Castle County prior to January 3, 1967, and legally established prior to the adoption of an ordinance establishing an official map
in accordance with §§ 1154, 1307 and 1308 of this title, shall remain in full force and effect until changed in accordance with Chapter 11
of this title. Any county maps or records showing the locations and lines of roads, and dealing with other matters related to the subdivision
of land, and legally established prior to January 3, 1967, shall continue in force and effect until changed in accordance with this chapter
and Chapter 11 of this title.
(b) Pending the enactment of an ordinance establishing the location and lines of roads in accordance with Chapter 11 of this title and this
chapter, changes in locations and lines of roads, legally established, and in the locations and lines of new roads shall be recorded only after
approval by the County Council and shall be presented to the Department for review before such changes or new locations and lines are
adopted by the County Council. Such changes, or new locations and lines shall also be presented to the State Department of Transportation
for approval before being adopted by the County Council, provided that the approval of the State Department of Transportation shall be
presumed should the County Council have received no communication to the contrary within 30 days of submission of the changes or new
locations and lines to the State Department of Transportation. The approval of a plan or proposal by the County Council to make changes
in locations and lines of existing roads or creating new roads shall, when recorded, be deemed and taken as an acceptance of the intended
locations and lines of roads, but shall not impose any duty upon the County Council or upon the State Department of Transportation
respecting the maintenance or improvement thereof.
(c) No plat of land changing locations and lines of roads legally established, or creating locations and lines of new roads, shall be
received or recorded by the Recorder of Deeds of New Castle County until the plat shall have been submitted to and approved by the
Department and the County Council and such approvals are endorsed in writing on the plat by the general manager and the President of
the County Council. The filing or recording of a plat without the approval of the general manager of the Department of Land Use and
the County Council shall, upon application of the general manager of the Department of Land Use or the County Council to the Superior
Court in and for New Castle County, be expunged from the records.
(d) The County Council may prescribe a schedule of fees based on the cost to the County for considering proposed plats to be paid by
those submitting the plats. The County Council may prescribe reasonable rules and regulations governing the size and character of plats
to be submitted for consideration and the information to appear on the plats and the markers, boundary stones or stations to be installed.
(e) Pending the enactment of an ordinance establishing an official map or regulating the development or subdivision of land as provided
by this chapter, the Department shall approve or disapprove a plat within 40 days after the submission thereof; otherwise, such plat shall
be deemed to have been approved and a certificate to that effect shall be issued by the Department on demand. Such period may be
extended by mutual agreement between the Department and the applicant for the Department’s approval. The grounds of disapproval
of any plat shall be stated upon the records of the Department and a copy of such statement shall be furnished to the applicant. No plat
shall be acted upon by the Department without affording a hearing thereon. Notice of the time and place of the hearing shall be sent
by registered mail to such applicant not less than 5 days before the date fixed therefor. In the application the applicant may waive the
requirement of such hearing and notice.
(9 Del. C. 1953, § 1349; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59.)
§ 1311 Board of Adjustment.
The Board of Adjustment shall consist of 7 members who shall be residents of New Castle County who shall have knowledge of, and
experience in, the problems of urban and rural development, and who, at the time of appointment, shall not be candidates or candidateselect for, or incumbents of, elective public office. The County Executive, with the advice and consent of the County Council, shall appoint
6 members for terms of 4 years. The County Executive, with the advice and consent of the County Council, shall appoint 1 member who
shall be chairperson and who shall serve at the pleasure of the County Executive. The compensation of the members of the Board of
Adjustment shall be determined by the County Council.
(9 Del. C. 1953, § 1350; 55 Del. Laws, c. 85, § 2; 59 Del. Laws, c. 139, § 1; 71 Del. Laws, c. 401, § 59; 72 Del. Laws, c. 165, § 1;
73 Del. Laws, c. 39, § 1.)
§ 1312 Regulations governing organization, procedure and jurisdiction of the Board of Adjustment.
The Board of Adjustment shall adopt regulations to govern the organization, procedure and jurisdiction of the Board. The regulations
shall not be inconsistent with this title and shall not become effective unless and until approved by the County Executive.
(9 Del. C. 1953, § 1351; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
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§ 1313 Jurisdiction of Board of Adjustment.
(a) The Board of Adjustment shall be empowered to hear and decide:
(1) Appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative
officer or agency in the enforcement of any zoning ordinance, code, regulation or map;
(2) Applications for special exceptions or special permits or other special questions in accordance with any zoning ordinance, code
or regulation, or applications for interpretation of any zoning ordinance, code, regulation or map upon which the Board of Adjustment
is empowered to pass; and
(3) In specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest,
where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinance, code or regulation will
result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code
or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.
(b) A variance which permits a use otherwise prohibited by any zoning ordinance, code or regulation shall not be valid unless approved
by resolution of the County Council. Use variances to be approved by the County Council shall be advertised and affected state agencies,
including but not necessarily limited to the departments of Transportation and Natural Resources and Environmental Control, shall be
notified by registered mail, return receipt requested, at least 30 days prior to hearing scheduled before the Board of Adjustment. Said use
variance shall thereafter be presented to the County Council at the next scheduled meeting following approval by the Board of Adjustment,
advertisement and notification as provided herein.
(c) The County Council shall approve or disapprove the use variance or return the matter to the Board of Adjustment for further hearings
and findings consistent with this section.
(d) Appeals from decisions of the County Council shall be to Superior Court as heretofore provided for appeals from decisions of the
Board of Adjustment.
(e) In the exercise of its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement,
decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and, to that
end, it shall have all powers of the officer or agency from whom the appeal was taken.
(f) Notwithstanding the provisions of subsection (a) of this section, the Department of Land Use may administratively grant a
dimensional variance for existing conditions that do not exceed 1 foot of the required dimension restrictions without the application being
considered by the Board of Adjustment.
(9 Del. C. 1953, § 1352; 55 Del. Laws, c. 85, § 2; 66 Del. Laws, Sp. Sess., c. 197, § 1; 71 Del. Laws, c. 401, § 59; 72 Del. Laws, c.
302, § 1.)
§ 1314 Judicial review of Board of Adjustment decisions; procedure.
(a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau
of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and
specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board.
(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the
decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner’s
attorney, which shall not be less than 10 days and may be extended by the Court.
(c) The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to
the Board of Adjustment and on due cause shown, grant a restraining order.
(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such
other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified.
(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take
evidence, or appoint a referee to take such evidence as it may direct, and report the same to the Court together with its findings of fact
and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.
(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(g) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross
negligence or in bad faith or with malice in making the decision reviewed.
(9 Del. C. 1953, § 1353; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1315 Board of License Inspection and Review.
County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review. The Board of License
Inspection and Review shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that
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the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and
to serve at the pleasure of the County Executive. The ordinance shall provide that the Board may be authorized to provide an appeal
procedure whereby any person aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any County
license, or by any notice, order or other action as a result of any County inspection affecting him or her directly shall, upon request, be
furnished with a written statement of the reasons for the action taken and afforded a hearing thereon by the Board. The ordinance shall
further provide that upon such hearing the Board shall hear any evidence which the aggrieved party or the County may desire to offer,
shall make findings and render a decision in writing within 90 days of the filing of the appeal, and that the Board may affirm, modify,
reverse, vacate or revoke the action from which the appeal was taken to it.
(9 Del. C. 1953, § 1363; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59.)
§ 1316 Board of Building Standards.
County Council, by ordinance, may provide for the establishment of a Board of Building Standards. The Board of Building Standards
shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original
members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of
the County Executive. The ordinance shall provide that the Board shall be given the power to perform the following functions, or such
portion of them as the County Council may determine:
(1) Advise the general manager of the Department of Land Use, upon request, about the interpretation of the building code or of
any regulation relating to building safety and sanitation;
(2) Suggest regulations applying standards of good practice in the enforcement of statutes and ordinances dealing with building
safety and sanitation;
(3) Upon request of the general manager of the Department of Land Use, review and issue a report regarding new and substitute
materials proposed to be used in the building construction and upon new methods of construction;
(4) Consider any suggested changes in standards and regulations, new and substitute materials, or new methods of construction,
either with or without holding public hearings, but before the Board shall recommend any change or modification of such standards
and regulations, it shall hold a public hearing at which all interested parties may present their views. After such public hearing, the
Board shall submit its findings and recommendations to the general manager of the Department of Land Use for approval, whereupon
they shall become a part of the standards and regulations.
(9 Del. C. 1953, § 1364; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1317 Board of Assessment Review.
The New Castle County Council, by ordinance, shall establish the Board of Assessment Review.
(1) The Board of Assessment Review consists of 9 members, as follows:
a. Eight individuals appointed by the County Council, subject to the following:
1. Each individual must be a resident and freeholder of the County.
2. Each individual appointed or reappointed after May 24, 2018, is appointed for a term of 4 years.
b. One individual appointed by the County Executive with the advice and consent of the County Council, who serves at the pleasure
of the County Executive.
c. The member appointed under paragraph (1)b. of this section shall be the Chair.
(2) Each member is entitled to renumeration as determined by the County Council.
(9 Del. C. 1953, § 1307; 55 Del. Laws, c. 85, § 2; 57 Del. Laws, c. 264, §§ 12, 13; 57 Del. Laws, c. 303, §§ 11, 12; 58 Del. Laws,
c. 559, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 78 Del. Laws, c. 33, § 1; 81 Del. Laws, c. 248, § 1.)
§ 1318 Functions of Board of Assessment Review.
The Board shall perform all of the following functions:
(1) Hear appeals from any property owner who alleges that the property owner’s property has been improperly assessed for purposes
of taxation.
(2) Following the hearing of any property owner and, in the light of the facts produced at such hearing, determine whether the
assessment is correct. If the Board should find that the assessment is greater than it should be, the Board shall order the Chief
Financial Officer to reduce the assessment and the Chief Financial Officer shall thereupon reduce the assessment to the adjusted amount
established by the Board.
(3) Review the methods by which the general manager of the Department of Finance has established the assessments and the results
thereof as reflected by the assessment roll. If the Board should find that the procedures used by the general manager of the Department
of Finance require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such
recommendations as it deems proper to the general manager of the Department of Finance and file a copy thereof with the Clerk of
the County Council.
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(4) Prepare such rules and regulations for its operation as it deems appropriate.
(9 Del. C. 1953, § 1308; 55 Del. Laws, c. 85, § 2; 58 Del. Laws, c. 559, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59;
81 Del. Laws, c. 248, § 2.)
§ 1319 Appointment and duties of additional Board members and referees.
(a) [Repealed.]
(b) The County Council may, by ordinance, authorize appointment of referees to hear appeals of property assessments. The general
manager of the Department of Finance shall appoint, with the advice and consent of the County Council, such referees as are authorized
by ordinance. Referees appointed under this section must be members of the Bar of the State.
(c) Appeals may be heard by panels of 3 or more members of the Board or by the referees individually when the referees are so authorized
pursuant to subsection (b) of this section. The panel or the referee shall submit a recommendation to the Board which shall determine
whether the assessment is correct based upon the record of the appeal hearing and the recommendation of the panel or the referee.
(d) Referees must be paid as provided by the County Council.
(9 Del. C. 1953, § 1307A; 58 Del. Laws, c. 559, § 1; 60 Del. Laws, c. 45, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401,
§ 59; 78 Del. Laws, c. 33, § 2; 81 Del. Laws, c. 248, § 3.)
§ 1320 Judicial review.
Nothing in this chapter shall be construed as limiting the right of a property owner or County to appeal to the courts in connection with
the assessment of property for taxation as provided by law.
(9 Del. C. 1953, § 1309; 55 Del. Laws, c. 85, § 2; 58 Del. Laws, c. 559, § 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §
59.)
§ 1321 General provisions relating to assessment.
It is the intent of this subchapter that in New Castle County, the Department of Finance shall perform all of the functions assigned to
the Board of Assessment, except for the functions specifically assigned to the Board of Assessment Review by § 1320 of this title.
(9 Del. C. 1953, § 1310; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59; 81 Del. Laws, c. 248, § 4.)
§ 1322 Assessment of property.
(a) In the performance of the functions relating to the assessment of property, the Department of Finance shall exercise the assessment
functions assigned to the Board of Assessment prior to May 26, 1965. To this end, not later than February 15 of each year, the Department
of Finance shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Department of
Finance shall determine the form of the assessment roll and shall not be bound by provisions of law in effect prior to May 26, 1965, as
to form. The County Council of New Castle County shall by ordinance establish the dates during which appeals from assessments of the
Department of Finance to the Board of Assessment Review may be heard.
(b) Not later than April 30 of each year, the Department of Finance shall certify to the Chief Financial Officer a true and correct
assessment roll for the year. Not later than May 31 of each year, the general manager of the Department of Finance shall certify to the
County Council the total value of all property in the County and the total value of all property which has been assessed and is subject
to taxation.
(c) The Department of Finance shall determine by rule, the form, number of copies, and other details concerning the keeping of records
relating to assessment of real property and improvements thereupon. The Department of Finance shall develop a suitable system for the
identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such
system must be in a form that readily permits the subdivision of property, or the reassembly of property, without loss of control thereof
for purposes of assessment.
(d) Notwithstanding any provision of this title, for any fiscal year in which the County Council of New Castle County proposes to
implement a general reassessment of property, the County Council may by ordinance establish appropriate and reasonable time periods
for the filing of exemption applications; submission, inspection, and certification of assessment rolls; notices of assessments; appeals from
such assessments; and any other requirements relating to the implementation of the general reassessment. The County Council may not
extend any such period more than 30 days beyond that otherwise established in this title. This authorization applies only to the fiscal year
in which the general reassessment is implemented. In each fiscal year thereafter, the procedures specified in this title must be followed.
(9 Del. C. 1953, § 1311; 55 Del. Laws, c. 85, § 2; 58 Del. Laws, c. 559, § 4; 65 Del. Laws, c. 1, § 1; 71 Del. Laws, c. 401, § 59;
81 Del. Laws, c. 248, § 5.)
§ 1323 Obligations and rights of property owners.
The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon him or her prior to
May 26, 1965, with respect to the rendition or assessment of any property, nor shall it in any manner increase the responsibility of such
property owner nor deny the property owner of any right possessed prior to May 26, 1965, except to the extent specifically provided
in this subchapter.
(9 Del. C. 1953, § 1312; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59.)
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Subchapter II
Police Department
§ 1331 County police; powers and duties.
(a) The County police shall have all of the police powers conferred by law upon law-enforcement officers in the State and all of such
police may exercise such police powers anywhere in New Castle County. All police appointed under this section shall see that the peace
and good order of the State within the aforesaid County be duly kept according to their powers and authority; shall arrest all persons who
shall in either of their presence commit any riot, affray or other breach of peace, or who shall be riotously assembled, and take them before
a justice of the peace in the respective hundred where the person is apprehended to be dealt with according to law; shall use diligence in
arresting murderers, thieves and other felons, and disturbers of the peace, and in case of resistance to either of their authority, or other case
of necessity, may command aid of any of the people of the State; shall duly prevent all bloodsheds, affrays and breaches of the peace; and
shall execute all other duties in accordance with the law. Such police shall patrol said hundreds during such hours, under such conditions
and in such manner as may be prescribed by the Chief of Police of New Castle County.
(b) The County police shall be subject to such directives and policies as the Chief of Police may prescribe.
(c) No merger of the New Castle County police with any other police force or agency shall be valid unless and until approved by the
General Assembly.
(71 Del. Laws, c. 401, § 59.)
§ 1332 Functions.
(a) The Police Department, managed by a Chief of Police, shall perform the following functions;
(1) Organize, administer, supervise and discipline the police force of the County;
(2) Enforce traffic regulations and investigate accidents;
(3) Make legal searches, seizures and arrests, and exercise such legal authority incident thereto;
(4) Maintain and operate lockups for the temporary confinement of prisoners;
(5) Maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully
assigned acts; and
(6) Operate and maintain an integrated communications system designed to facilitate the prompt, efficient and effective performance
of its function.
(b) The Police Department may perform the following functions:
(1) Provide school crossing guard service in the manner and to the extent authorized by ordinance;
(2) Prepare and maintain a County comprehensive emergency operations plan and other plans as appropriate to provide guidance
and direction to units of the County Council, and which are integrated into and coordinated with emergency management plans of the
federal government, State and political subdivisions in New Castle County;
(3) Except for those activities and responsibilities which are under the jurisdiction of the State Fire Prevention Commission, operate
an emergency medical service for individuals who become unexpectedly ill or incapacitated, to include the provision of advanced life
support paramedic services; and
(4) Establish other functions related to public safety, in coordination with the fire, rescue and other emergency service organizations
in New Castle County.
(9 Del. C. 1953, § 1401; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1333 Other police prohibited.
No office, department or board operating for the County, other than the Police Department, shall have a police force.
(9 Del. C. 1953, § 1402; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1334 County responsibility for fire protection and ambulance and rescue service.
The County Council of New Castle County may make provisions for emergency medical services and the prevention and extinguishment
of fires. For such purposes, the County Council of New Castle County may contract with any fire company authorized by the State Fire
Prevention Commission, and in such case may make reasonable payments thereto. Provisions for emergency medical services and fire
prevention and extinguishment shall be made cooperatively with the State Fire Prevention Commission and the Office of Emergency
Medical Services.
(9 Del. C. 1953, § 1411; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1335 Fire prevention outside of incorporated towns.
The County Council of New Castle County may make provisions for the prevention and extinguishment of fires in New Castle County
outside of the corporate limits of any incorporated city or town, and for such purpose enter into contracts with any fire company authorized
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by the State Fire Prevention Commission for the supplying of water, property and services necessary or incident to the prevention
and extinguishment of such fires including the services of any incorporated fire company operating and maintaining apparatus for the
extinguishment of fires within New Castle County.
(71 Del. Laws, c. 401, § 59.)
§ 1336 Establishment of school crossing guard unit for New Castle County.
Upon the authorization of the County Council, the Police Department of New Castle County may appoint and maintain, within each
school district, after approval of each school district in New Castle County, school crossing guards, in such number as may, in the judgment
of the school district, be necessary for the safe passage of school children over the public streets and highways of New Castle County
outside the City of Wilmington.
(71 Del. Laws, c. 401, § 59.)
§ 1337 Duties; compensation; uniform.
(a) The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other
locations deemed necessary as directed by the Police Department for the purpose of assisting school children in safe passage across streets
and highways.
(b) The guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children
to cross safely the streets and highways.
(c) In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or
otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities.
If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is
registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company car is responsible
for the violation.
(d) The guards shall be subject to such rules and regulations as prescribed by the Police Department.
(e) The Police Department shall provide and maintain an appropriate uniform.
(71 Del. Laws, c. 401, § 59.)
§ 1338 Coordination with school boards.
In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of
the respective districts in which the crossing guards shall be employed.
(71 Del. Laws, c. 401, § 59.)
§ 1339 Levy and collection of tax.
(a) In order to carry out this chapter, the County Council of New Castle County may levy in any school district with respect to which
school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and maintenance of school
crossing guards employed within said school district.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other County taxes.
(71 Del. Laws, c. 401, § 59.)
Subchapter III
Department of Special Services
§ 1341 Functions.
The Department of Special Services, managed by the general manager of the Department, who shall be qualified for the position by
education, experience and training, may perform the following functions:
(1) In cooperation with the Department of Land Use, manage and develop plans for public facilities and infrastructure including
sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas and greenways for the County
in accordance with, and in support of, the Comprehensive Plan.
(2) Prepare designs and specifications for all types of public facilities and infrastructure including sanitary sewers and treatment
facilities, drainage systems, buildings, parks, open spaces, natural areas and greenways, and supervise the construction and inspection
thereof.
(3) Assist the Office of Administrative Services in the tabulation of bids and in the determination of the lowest and best bidder
with respect to all public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings,
parks, open spaces, natural areas and greenways, and, upon request of the Office of Administrative Services, with respect to materials,
supplies and equipment.
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(4) Manage, maintain and operate public facilities and infrastructure sanitary sewers and treatment facilities, drainage systems,
parks, open spaces, natural areas and greenways, and perform all county functions related thereto, provided that such functions may
be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine. This shall
include the ability to execute a lease for the purpose of erecting, maintaining and operating wireless communications facilities, for
any part of park land or land held in public trust. The County may not enter into an exclusive arrangement with any person for the
purpose of erecting, maintaining and operating wireless communications facilities on park land or land held in public trust. The County
may not enter into an agreement for the purpose of erecting, maintaining and operating wireless communications facilities on park
land or land held in public trust without a bona fide commitment from a wireless service provider to occupy a facility. All leases for
wireless communications facilities on park land or land held in public trust must be approved by County Council by resolution. All
such leases must contain a provision that, upon the termination or expiration of the lease, the County may require removal of such
wireless communication facilities and the property returned to its previous state, consistent with park and recreational purposes.
(5) Manage, maintain and operate any county public water supply system.
(6) Manage, maintain and operate all public buildings, except those which by agreement with other governmental jurisdictions are
to be otherwise operated and maintained and any building which shall be designated by the County Executive to be excluded from the
responsibility of the Department for maintenance or operation, provided that such functions may be performed directly, by contract,
or by licenses as the County Council by ordinance may from time to time determine.
(7) Manage and maintain the County Fleet and operate central garages for the storage and maintenance of equipment, and maintain
all automotive equipment, except those that may be specified in writing by the County Executive for maintenance by some other office,
department or board, provided that such functions may be performed directly, by contract or by licenses as the County Council by
ordinance may from time to time determine.
(9 Del. C. 1953, § 1421; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59; 82 Del. Laws, c. 109, § 1.)
§ 1342 Department of Special Services Board.
The Department of Special Services Board shall consist of 9 members. The County Council, with the advice and consent of the County
Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be
established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall
appoint a chairperson who shall serve at the pleasure of the County Executive.
The Board shall advise the general manager at the Department of Special Services on issues related to the functions of the Department.
Subcommittees that are directly related to functions of the Department may be established.
Board members shall be persons of recognized character and ability who meet the qualifications of the Department.
Five members of the Board constitute a quorum. A quorum is required for any action or recommendation of the Board.
(71 Del. Laws, c. 401, § 59.)
Subchapter IV
Department of Community Services
§ 1351 Functions.
The Department of Community Services, managed by the general manager of the Department, who shall be qualified for the position
by education, experience and training, may perform the following functions:
(1) Undertake and execute or supervise the execution of all programs related to library functions, recreational/sports and athletic
activities, community development and housing, senior programs, and any or all other community related programs authorized by
County administrators;
(2) Administer community services programs offering every resident of New Castle County equal access to services, resources and
guidance in their use;
(3) Receive, accept, administer and expend, according to the County budget, any moneys, materials or other aid granted, appropriated
or otherwise provided by local, state or federal governments by any source, public or private, in accordance with the terms thereof,
for the purposes provided in this division;
(4) Plan, supervise and conduct a program of parks and park-related activities for all of the parks in the County; and
(5) Perform all other activities pertinent to its organizational functions.
(71 Del. Laws, c. 401, § 59.)
§ 1352 Department of Community Services Board.
The Department of Community Services Board shall consist of 9 members. County Council, with the advice and consent of the County
Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be
established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall
appoint a chairperson who shall serve at the pleasure of the County Executive.
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Title 9 - Counties
The Board shall advise the general manager of the Department of Community Services on issues relating to the functions of the
Department.
Subcommittees that are directly related to functions of the Department may be established.
Board members shall be persons of recognized character and ability who meet the qualifications of the Department.
Five members of the Board constitute a quorum. A quorum is necessary for any action or recommendation of the Board.
The Library Advisory Board shall serve as a subcommittee to the Department of Community Services Board. Two members of the
Library Advisory Board shall be appointed to the Department of Community Services Board. The chairperson of the Library Advisory
Board shall recommend 2 sitting members of the Board for consideration by the County Council for County Council appointments to
the Department of Community Services Board.
(71 Del. Laws, c. 401, § 59.)
Subchapter V
Department of Administration
§ 1361 Office of Administrative Services; functions.
The Office of Administrative Services, managed by the Chief Procurement Officer, who shall be qualified for the position by education,
experience and training, may perform the following functions:
(1) The Purchasing Section is responsible for obtaining goods and services for public purposes according to the laws and procedures
intended to provide for the economical expenditures of public funds.
(2) The Information Systems Section provides technical leadership to the County by assisting the departments in meeting their
business requirements through equipment and application software.
(3) The Mail Distribution and Printing Section provides full mail service and in-house printing services to all County agencies.
(71 Del. Laws, c. 401, § 59.)
§§ 1362-1370 [Reserved].
§ 1371 Office of Finance; functions.
The Office of Finance, managed by the Chief Financial Officer, who shall be qualified for the position by education, training and
experience, may perform the following functions:
(1) Prepare tax rolls and bills, including those required by any municipality, school district, or special district lying within or partially
within the County if so authorized by law or such districts;
(2) Collect all taxes, license and permit fees, and other moneys that may be due to or receivable by the County, or any of its offices,
departments or boards, provided that the Chief Financial Officer may, by rule, authorize the receipt of moneys directly by offices,
departments, or boards, or may assign employees of departments to make such collections;
(3) Collect, when directed or authorized by law, all taxes, license and permit fees, and other moneys that may be receivable by the
State, or by any public office, department or board not subject to the provisions of this title;
(4) Institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law;
(5) Issue appropriate bills, assist in the issuance and servicing of indebtedness in connection with assessable improvements, and be
responsible for the collection, custody, and payment of all moneys in connection therewith;
(6) Issue receipts for moneys collected by the Office;
(7) Maintain the treasury of the County, and deposit the moneys belonging thereto or in the custody thereof in any depository bank,
to the credit of the County;
(8) Designate, with the approval of the Clerk of the County Council, the bank or banks to be used as County depositories and require
them to fulfill all conditions prescribed by law or ordinance;
(9) Invest funds deemed by the Chief Financial Officer available for temporary investment in such obligations or in such manner
as the County Executive may authorize;
(10) Assist in the issuance of all general and special bonds or other evidence of indebtedness of the County and service such debt
in accordance with law and terms of indentures relating thereto;
(11) Make disbursements and payments of claims that it finds to be in correct amount, and justly due, and in accordance with prior
authorizations adopted under the terms of the title or other state law;
(12) Prepare payrolls and supervise the preparation of related documents;
(13) Prepare and issue all checks;
(14) Keep accurate and complete accounts of all receipts and disbursements;
(15) Provide information pertaining to the financial affairs of the County;
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(16) Perform such other functions as may be required of the Chief Financial Officer by this title, or other state law, or which may
be assigned in writing by the County Executive.
(9 Del. C. 1953, § 1301; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1372 Sworn information.
The Chief Financial Officer may require from any officer or employee of the County, or any claimant, such sworn information as may
be necessary for the proper performance of the functions of the Office.
(9 Del. C. 1953, § 1302; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1373 General provisions relating to levy, billing and collection of taxes.
It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the
Receiver of Taxes and County Treasurer under this title prior to January 3, 1967.
(9 Del. C. 1953, § 1310; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1374 Obligations and rights of property owners.
The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon him or her prior to May
26, 1965, with respect to the payment of any tax nor shall it in any manner increase the responsibility of such property owner nor deny
him or her any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter.
(9 Del. C. 1953, § 1312; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59.)
§ 1375 Collection of taxes.
The Office shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the
responsibilities with respect to collection and enforcement of collection vested prior to May 26, 1965, in the Receiver of Taxes and County
Treasurer. To this end, the Office shall be entitled to the use of and shall be responsible for the application of all processes of law available
prior to May 26, 1965, to the Receiver of Taxes and County Treasurer.
(9 Del. C. 1953, § 1313; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1376 Records of tax delinquencies.
The Office shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the
County.
(9 Del. C. 1953, § 1314; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1377 Audit of accounts.
Each year the County Auditor shall audit the accounts of the Department to determine whether they properly reflect all payments and
delinquencies of taxes which shall have been levied.
(9 Del. C. 1953, § 1315; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§§ 1378-1380 [Reserved].
§ 1381 Office of Human Resources; functions.
The Office of Human Resources, managed by the Chief Human Resources Officer, who shall be qualified for the position by education,
experience and training, shall perform the following functions.
(1) Divide all County officers and employees into unclassified or classified service, and assign all classified employees into position
classifications, based on duties performed and responsibilities assumed;
(2) Establish a uniform pay plan for all classified employees based on the classification of the position held;
(3) Regulate employment and promotion according to competency and fitness, to be ascertained when possible by competitive
examination and, when not, by due consideration to qualifications and record performance;
(4) Establish tenure for all classified employees, providing for discipline, demotion and discharge for just cause only, with right of
employee appeal through provisions outlined in the New Castle County Code; and
(5) Create uniform provisions governing provisions of related sections of the New Castle County Code.
(9 Del. C. 1953, § 1451; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1382 Continuance of present system.
Any system of human resource administration with respect to the employees of New Castle County which shall be in effect on January
3, 1997, shall remain in effect until the County Council has acted in accordance with this subchapter.
(9 Del. C. 1953, § 1452; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
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§ 1383 Human Resources Advisory Board.
(a) County Council, by ordinance, shall provide for the establishment of a Human Resources Advisory Board. The Board shall consist
of 3 members appointed by the County Executive, with the advice and consent of the County Council, who shall serve for terms of 6
years or until their successors are appointed.
(b) The ordinance shall further provide that:
(1) The members of the Board shall be residents of New Castle County;
(2) They shall be persons of recognized character and ability whose experience provides knowledge of human resources practices
and procedures and knowledge and support of merit principles as applied to public employment;
(3) No member of the Board shall be a member of any local, state or national committee of a political party or an officer or a member
of a committee of any partisan or political group, or shall hold or be a candidate for any political office; and
(4) The members shall be registered voters of the County and no more than 2 of the members shall be of the same political party.
(c) The ordinance shall further provide that the members of the Board shall elect 1 of their number to serve as chairperson, and that
they shall be entitled to compensation of $50 per meeting, not to exceed 25 meetings in any fiscal year.
(71 Del. Laws, c. 401, § 59.)
§ 1384 Pension plan for employees.
New Castle County may, by ordinance, establish a contributory funded pension program which shall be comprised of a qualified pension
plan or plans as defined under the Federal Internal Revenue Service Code and Regulations.
(71 Del. Laws, c. 401, § 59.)
§§ 1385-1390 [Reserved].
§ 1391 Office of Law; functions.
The Law Office, managed by the County Attorney, shall perform the following functions:
(1) Serve as chief legal advisor to the County Executive, County Council and all County departments, boards, offices and agencies;
(2) Represent the County in all legal proceedings;
(3) Perform any other duties prescribed by this title or by ordinance of the County Council.
(9 Del. C. 1953, § 1441; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1392 Appointment of County Attorney.
The County Attorney shall be appointed by the County Executive. The County Attorney shall serve at the pleasure of the County
Executive.
(9 Del. C. 1953, § 1442; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1393 Qualifications of County Attorney.
The County Attorney and all Assistant County Attorneys shall be members of the Delaware Bar.
(9 Del. C. 1953, § 1443; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1394 Assistant County Attorneys.
The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County
Attorneys shall serve at the pleasure of the County Attorney. First Assistant County Attorneys shall be selected according to provisions
of the Merit System of the New Castle County Code.
(9 Del. C. 1953, § 1444; 55 Del. Laws, c. 85, § 2; 67 Del. Laws, c. 301, § 1; 71 Del. Laws, c. 401, § 59; 73 Del. Laws, c. 376, §
1.)
§ 1395 Compensation of County Attorney.
The annual salary of the County Attorney and each Assistant County Attorney shall be determined by the County Executive.
(9 Del. C. 1953, § 1445; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1396 Other employees.
The County Council may provide for such employees as may be necessary to perform the functions required by this title.
(9 Del. C. 1953, § 1446; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59.)
§ 1397 Subpoena power.
(a) Whenever the County Attorney has reasonable cause to believe that any person or enterprise may have knowledge of, has been
engaged in or is engaging in any conduct in violation of County laws, ordinances, regulations or any state law prohibiting violations of
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Title 9 - Counties
County laws, ordinances or regulations, the County Attorney may, in the County Attorney’s discretion, conduct an investigation of such
conduct. The County Attorney is authorized before the commencement of any civil or criminal proceeding related to the violation of
county laws, ordinances, regulations or any state law prohibiting violations of the County laws, ordinances or regulations to subpoena
witnesses. The County Attorney may issue in writing and cause to be served on any person an investigative demand to compel the
attendance of witnesses, examine witnesses under oath, require the production of evidence or documentary materials and require answers
to written interrogatories to be furnished under oath.
(b) The production of documentary material in response to an investigative demand served under this section shall be made pursuant to
a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a
natural person, by an individual having knowledge of the facts and circumstances relating to the production of materials, which certificate
shall affirm that all of the documentary material required by the investigative demand and in the possession, custody or control of the
person to whom the demand is directed has been produced and made available to the custodian.
(c) The County Attorney may, in the County Attorney’s discretion, require the production under this section of documentary materials
prior to the taking of any testimony of the person subpoenaed. The required documentary materials shall be made available for inspection
or copying during normal business hours at the principal place of business of the person served, or at such other time and place as may
be agreed upon between the person served and the County Attorney.
(d) The examination of all persons pursuant to this section shall be conducted by the County Attorney or by a person designated in
writing to be the County Attorney’s representative, before an officer chosen by the County Attorney who is authorized to administer oaths
in this State. The statements made shall be taken down stenographically, or by a sound-recording device, and shall be transcribed.
(e) No person shall, with intent to avoid, evade, prevent or obstruct compliance in whole or in part by any person with any duly served
investigative demand of the County Attorney under this section, knowingly remove to any place, conceal, withhold, destroy, mutilate,
alter or by any other means falsify any documentary material or materials that are the subject of the demand. A violation of this subsection
is a class E felony. Any suspected violations of this section shall be referred to the Office of the Attorney General.
(f) In the event a witness subpoenaed under this section fails or refuses to appear, or to produce documentary materials as provided
herein, or to give testimony relevant or material to an investigation, the County Attorney may petition the Superior Court in the County
where the witness resides for an order requiring the witness to attend and testify, or to produce the documentary materials. Any failure or
refusal by the witness to obey an order of the Court may be punishable by the Court as contempt.
(71 Del. Laws, c. 401, § 59.)
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Part II
New Castle County
Chapter 14
The County Auditor
§ 1401 Selection, qualification, term, compensation and removal of the County Auditor.
(a) There is established, within the Government of New Castle County, the Office of the County Auditor the administrator and head
of which shall be known as the County Auditor. The County Auditor shall be appointed by the County Council and may be removed at
will by an affirmative vote of 2/3 of the members thereof.
(b) The County Auditor shall be a certified public accountant and shall hold a bachelor’s degree in accounting or related field of
study. The functions and duties of the County Auditor shall be conducted in accordance with the most recent General Auditing Standards
promulgated by the United States Accountability Office.
(c) The annual salary of the County Auditor shall be determined by the County Council after consideration of the Audit Committee’s
recommendation.
(d) The County Auditor shall not be actively involved in partisan political activities or the political affairs of New Castle County. The
term “partisan-political activity” shall include but is not limited to: running for public office, serving as a party committee-person, working
at a polling place on Election Day, performing volunteer work in a political campaign, soliciting contributions for political campaigns,
and soliciting contributions for a political action committee or organization, but shall not include registering and voting in any election,
expressing an opinion as an individual privately and publicly on political subjects and candidates, or involvement in nonpartisan or public
community organizations or professional groups.
(9 Del. C. 1953, § 1321; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§ 1, 2.)
§ 1402 Budget; Assistant County Auditors; Contract Auditors.
(a) County Council by ordinance may establish positions to serve as assistants to the County Auditor after consideration of the Audit
Committee’s recommendation.
(b) Notwithstanding any other provision of law governing the procurement of services by County Government or the officers thereof to
the contrary, the County Auditor may, subject to available resources, freely obtain the services of certified public accountants, qualified
management consultants, or other professional experts necessary to perform the County Auditor’s duties; provided, however, that no
conflicts of interest exist between or among those with whom the County Auditor contracts and any area of county government that might
hinder the performance of the services sought.
(c) Any Assistant County Auditor who shall perform any auditing duties shall be a qualified accountant, a graduate of a college or
university with a degree in accounting, or shall have otherwise received such training and experience as to provide an equivalent level
of expertise with auditing experience preferred. Other assistants shall be qualified as set forth in job descriptions approved by County
Council after consideration of the Audit Committee’s recommendation.
(9 Del. C. 1953, § 1322; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§
1, 2.)
§ 1403 Certification of annual financial report of Chief Financial Officer.
(a) The County Auditor shall have a qualified accounting firm conduct an audit of the annual financial report of the Chief Financial
Officer and append thereto a certificate which shall state whether, in the opinion of the accounting firm, the financial statements in the
financial report:
(1) Contain a proper record of the County’s financial transactions for the year;
(2) Properly reflect the current assets, liabilities, and funded debt of the County as of the close of the fiscal year; and
(3) Comply with generally accepted principals of governmental accounting.
(b) Should there be any qualifications or exceptions to any portion of the annual financial report of the Chief Financial Officer, they
shall be stated by the accounting firm in an explicit manner in the certification appended to the audit conducted pursuant to subsection
(a) of this section.
(c) A final draft of the report of qualifications or exceptions shall be provided to the Chief Financial Officer for review and comment
regarding factual content before it is finalized and released. The Chief Financial Officer may respond in writing and specify agreement
or disagreement with the findings and the reasons therefore. Written responses must be received within 30 days from the date of the final
draft and shall be included in the final report. Alternatively, a revised final report may be issued incorporating suggested and accepted
corrections. The absence of response within 30 days will be noted in the final report.
(9 Del. C. 1953, § 1323; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§ 1, 2.)
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§ 1404 Annual audits and the audit committee.
(a) The County Auditor shall oversee, coordinate, and monitor an annual audit of the accounts, books, and records of all offices,
departments, and boards that reflect transactions involving financial activities and financial affairs of the County.
(b) The County Council shall establish or reconstitute as the facts and circumstances warrant, and appoint all members to, an Audit
Committee which shall:
(1) Consist of 5 members all of whom possess the technical skills necessary to oversee the technical and complex financial reporting
and audit process, and such members of the Committee will be appointed by County Council each for a term of 4 years, except that the
terms of any reconstituted committee shall initially be established in a staggered manner so that 1 term expires after 2 years, 2 terms
expire after 3 years, and 2 terms expire after 4 years. Appointment of members thereafter shall each be for a full 4-year term. When a
vacancy occurs, the vacancy shall be filled for the balance of the unexpired term.
(2) Meet at least on a quarterly basis to consult with the County Auditor regarding:
a. The establishment of an audit schedule for the coming year,
b. The progress of ongoing audits,
c. Any necessary follow-ups to audits completed during the previous 12 months,
d. And any special needs expressed by the auditor or the Chief Financial Officer;
(3) Work throughout the year to assure the maximum coordination between and among the work of the County Auditor and the
needs of the Chief Financial Officer, the County Council, and any external auditors who may have been employed under the authority
of the County Auditor;
(4) Recommend to the County Council a salary schedule for the County Auditor.
(c) Annual audits may either be complete, or in such lesser degree as the County Auditor shall find acceptable to enable the County
Auditor to express opinions concerning whether such transactions are in compliance with Generally Accepted Principals of Governmental
Accounting as well as the appropriate ordinances, rules and regulations of the County Council, and other laws governing such transactions.
(d) Annual audits shall be completed, and a report thereupon produced, not later than the end of the sixth month following the completion
of the fiscal year in which such transactions shall have occurred. Prior to the issuance of the audit report pursuant to this subsection, a
final draft thereof shall be submitted to the audit committee for review and comment regarding factual content before it is released. The
County Auditor shall make the final decision regarding all matters, facts, and opinions contained in the report.
(e) A final draft of the report shall be provided to the head of any affected office, department or board, the County Council President,
the County Executive, the Chief Financial Officer, and the Audit Committee for review and comment regarding factual content before the
report is finalized and released. Written responses must be received within 30 days from the date of the final draft and shall be included
in the final report. Alternatively, a revised final report may be issued incorporating suggested and accepted corrections. The absence of
response within 30 days will be noted in the final report.
(9 Del. C. 1953, § 1324; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§
1, 2; 81 Del. Laws, c. 30, § 1.)
§ 1405 Reports of the County Auditor; audit follow up.
(a) Copies of the reports concerning each audit or examination shall immediately upon preparation thereof be filed with the Audit
Committee, the County Executive, the Chief Administrative Officer, the Chief Financial Officer and the Clerk of County Council, except
as set forth in subsection (b) of this section below.
(b) If during an audit the County Auditor shall at any time discover an unauthorized, illegal, irregular, or unsound financial practice
that could affect the governmental entity, the County Auditor shall report the financial irregularities to the County Council, the County
Executive, the Chief Administrative Officer and the Audit Committee. If a member of Council, the County Executive or the Chief
Administrative Officer is believed to be a party to an unauthorized, illegal, irregular or unsound financial practice, the County Auditor
shall report the acts directly to the Audit Committee or the head of the branch of government unaffected by the report if a member of the
Audit Committee is believed to be a party to the suspected irregularity. If it appears that the act is criminal in nature, the County Auditor
shall immediately notify the County Attorney in addition to those previously cited; if an ethics code violation is suspected, the County
Auditor shall immediately notify the Ethics Commission.
(c) The County Auditor, after consultation with the Audit Committee, shall from time to time make such recommendations as the
County Auditor shall deem appropriate to any office, department or board for improvement in the management of the financial affairs of
the County. Copies of such recommendations shall be filed with the County Executive and the County Council.
(d) The County Auditor shall follow-up on audit recommendations as possible to determine whether corrective measures have been
implemented and may request period status reports regarding actions taken to address deficiencies and recommendations. Such will be
reviewed by the Audit Committee for report to Council and the County Executive.
(9 Del. C. 1953, § 1325; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§
1, 2.)
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§ 1406 Assistance to County Council.
The County Auditor shall provide such assistance to the County Council as the County Council may require of the County Auditor
through request of a majority of Council or in the job description in any matter before it, including but not limited to any measure relating
to the appropriation of funds by the County Council.
(9 Del. C. 1953, § 1326; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§
1, 2.)
§ 1407 Audit schedule; special examinations or audits; risk assessment review.
(a) Prior to the beginning of each fiscal year, the County Auditor shall submit an annual audit plan to the Audit Committee for review and
comment. The plan shall include the proposed schedule for auditing departments, offices, boards, activities, agencies and subcontractors
for the period. The plan and schedule may be amended during the period after consultation with the Audit Committee. The schedule and
any amendments shall be provided to the Council and the County Executive.
(b) When directed by the County Executive, County Council, or the County Auditor’s own initiative, and upon approval of the audit
committee, the County Auditor may make, or may cause to be made by a qualified accounting firm, a special examination of any financial
transaction or matter if the County Auditor has reasonable grounds to believe that any unauthorized, illegal, irregular, or unsound practice
is being employed in association with the transaction or matter. The annual audit plan shall be amended to include any special audits
that are approved by the Audit Committee. The revised audit plan shall be distributed to Council, the County Executive and the Chief
Administrative Officer unless the Audit Committee determines that distribution to 1 of these entities would jeopardize the effectiveness
of the special audit. If the County Auditor receives information regarding alleged financial improprieties and believes that disclosure to
the Audit Committee would jeopardize or compromise the audit, the County Auditor may process but must advise the Audit Committee
of the time commitment; the schedule still must be revised to reflect the addition of a confidential County Auditor-initiated audit and the
revised schedule must reflect appropriate time parameters.
(c) The County Auditor will perform or have performed an annual risk assessment of the County focusing on key financial and business
risks, controls, key performance indicators, and critical success factors as deemed appropriate by the Audit Committee and/or County
Council.
(9 Del. C. 1953, § 1327; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§
1, 2.)
§ 1408 Access to records, property and employees; required contract provisions for access.
(a) All officers and employees of New Castle County, and all departments, offices, boards, activities, subcontractors, agencies, and
instrumentalities thereof which are the subject of an audit by the County Auditor, shall furnish the County Auditor with unrestricted access
to employees, information, and records (including automated data) within their custody regarding powers, duties, activities, organization,
property, financial transactions, contracts, and methods of business required by the Auditor to conduct an audit or otherwise perform the
County Auditor’s audit duties. In addition, the County Auditor shall be given complete access to all property, equipment, facilities, data,
and documents within the custody or control of the person or entity subject to the audit. The County Auditor may photograph, photocopy,
or otherwise record anything the County Auditor feels is necessary to accomplish the purposes of the audit. All contracts with outside
contractors and subcontractors shall provide for access by the County Auditor to all financial and performance related records, property
and equipment purchased in whole or part with County funds.
(b) If the County Auditor is at any time denied or restricted in the County Auditor’s access to information described in subsection (a)
of this section, the County Auditor may initiate a search to be made and exhibits to be taken from any book, paper, or record of or relating
to any officer, employee, department, office, board, activity, subcontractor, agency, or instrumentality which is the subject of an audit by
the County Auditor, except as otherwise provided by statute.
(c) The County Auditor shall not publicly disclose any information received during an audit that is considered confidential or proprietary
in nature, or has been specifically identified as such by a federal, state, or local law or regulation. Information received by the County
Auditor during an audit, to the extent it is not included or referenced in the report prepared by the County Auditor pursuant to § 1405 of
this title, shall be exempt from public disclosure under the Freedom of Information Act (Chapter 100 of Title 29), unless such information
was subject to public disclosure in its original form.
(d) For the purposes of this section only, “County Auditor” includes any Assistant County Auditor, employee of the County Auditor,
or agent of the County Auditor who is undertaking an audit at the direction or under the authority of the County Auditor.
(9 Del. C. 1953, § 1328; 55 Del. Laws, c. 85, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§
1, 2.)
§ 1409 Annual external audit.
At the close of each fiscal year, the County Council, in accordance with County procurement laws and upon advice from the Audit
Committee, shall cause a person or persons, certified by the laws of the State to practice accounting and not an employee of the County,
to make a post-audit of the financial affairs of the offices, agencies, departments and boards of the County and of the procedures and
practices of the County Auditor.
(9 Del. C. 1953, § 1329; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59; 75 Del. Laws, c. 139, §§ 1, 2.)
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§ 1410 Quality assurance reviews.
(a) The Audit Committee shall conduct quality assurance review of the activities and functions of the Office of the County Auditor.
Such review shall take place every 3 years from the date of the last such quality assurance review.
(b) The Audit Committee shall utilize guidelines endorsed by the National Association of Local Government Auditors in conducting
the quality assurance review. In addition to those guidelines, the Audit Committee shall determine whether the activities and functions
of the Office of the County Auditor are undertaken in compliance with the most recent General Auditing Standards promulgated by the
United States Accountability Office and shall examine functional standards employed by the Office, including:
(1) General standards such as staff qualifications, due professional care, and overall quality assurance;
(2) Fieldwork standards such as planning, supervision, and audit evidence; and
(3) Reporting standards such as report content, presentation, and timeliness.
(c) The Audit Committee shall complete its review within a time frame established by the County Council and shall prepare a report
of its findings and recommendations no later than the end of the sixth month following the completion of the quality assurance review.
(d) A copy of the Audit Committee’s Quality Review Report shall be furnished to each member of County Council and to the County
Executive and shall be made available to the public.
(e) The County Council shall reimburse the Committee for reasonable costs incurred in the conduct of the quality review and the
preparation of the Quality Review Report.
(75 Del. Laws, c. 139, § 2.)
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Title 9 - Counties
Part II
New Castle County
Chapter 15
Government of New Castle County
Subchapter I
General Provisions
§ 1501 Definitions.
As used in this part, unless the context requires a different meaning:
(1) “County” means New Castle County.
(2) The words “New Castle County government,” or words of similar import, mean the government of New Castle County as
established in Chapter 11 of this title.
(9 Del. C. 1953, § 1501; 55 Del. Laws, c. 85, § 7A.)
§ 1502 Transactions, activities and conduct forbidden to county officers or employees.
No county officer or employee shall furnish labor or material, either directly or indirectly, for the making, erection or repair of any
bridge, road, causeway, public building or public work of any kind or description which is or may be within the care, custody or control of
any county officer or employee, nor shall be or become, directly or indirectly, either the contractor or subcontractor for the performance of
any public work, duty or service of any nature or kind within the control of any county officer or employee, nor shall have, exact, receive,
accept or enjoy any rebate, profit, gift, emolument, rake-off or any pecuniary benefit whatsoever either directly or indirectly, from or
on account of the making, erection or repair of any bridge, road, causeway, public building or public work of any kind or description
which is or may be within the care, custody or control of any county officer or employee in his or her official capacity, or from or on
account of any contract or subcontract for the performance of any public work, duty or service of any nature or kind within the control
of any county officer or employee.
(22 Del. Laws, c. 273, § 1; Code 1915, § 1020; Code 1935, § 1156; 9 Del. C. 1953, § 1502; 55 Del. Laws, c. 85, § 7B.)
Subchapter II
Powers and Duties
§ 1521 Enumeration of certain specific powers.
(a) (1) In addition to the powers elsewhere conferred upon the New Castle County Council and without limiting their generality, the
New Castle County Council shall have general jurisdiction over all matters pertaining to the County, its business, finances and general
welfare, including the power to act upon all matters pertaining to sewers, sewerage disposal plants, trunk line sewers and sewerage systems
generally, garbage, garbage disposal, removal and incineration of ashes, garbage, trash and rubbish, and the operation of plants therefor,
drainage, engineering, construction of public buildings, fire protection, ambulance service, general supervision of county offices, public
welfare institutions, fire companies and other matters of a public nature.
(2) The County Council in accordance with the provisions of § 1162 of this title shall establish and fix the salaries of all employees
except the elected officeholders employed in the several county offices in New Castle County, and the chief deputy appointed by certain
of the elected officeholders, provided:
a. All employees in the same classification shall be paid the same salary and
b. All Chief Deputies of elected or appointed officeholders shall be paid a salary of not less than $6,000 per annum and
c. All Assistant Chief Deputies of elected or appointed officeholders shall be paid a salary of not less than $5,500 per annum.
(b) In the performance of its duties, the New Castle County government may employ such assistants, enter into contracts and generally
take such action as in its opinion it deems necessary and proper and for the best interests of the County.
(c) The New Castle County Council, in the general supervision of the county offices as enumerated in this section, shall have the power
and authority to install, in such of the county offices as it shall consider necessary and desirable, modern and efficient business machines
and machine record systems, to the end that all of the county offices shall be administered efficiently and economically. The New Castle
County Council shall purchase or lease the necessary and appropriate business machine record systems and business machines to carry
out the purposes of this section.
(d) The New Castle County Council may employ technical or professional advisors and consultants that it deems necessary or proper to
advise it on the efficient and economical administration of the affairs of New Castle County. The technical and professional consultants
and advisors so employed shall have full authority to examine and study the operation, management and administration of all county
offices or departments that receive any appropriation for salaries or operational expenses from the New Castle County Council, and shall
render to the New Castle County Council a written report of the findings and recommendations as result of such examination and study.
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Title 9 - Counties
(e) County Council may determine that lands owned by New Castle County are surplus and no longer needed for County use and may
authorize their disposal. The determination that lands are surplus shall be made after a public hearing not less than 30 days prior to the
first published advertisement for bids or introduction of any ordinance or the execution of any contract for providing for the conveyance
of such lands. Notice of the hearing shall be published in a newspaper of general circulation in New Castle County at least 10 days before
the hearing.
(f) Notwithstanding any provision in this title, any real property acquired by New Castle County as the result of a Sheriff’s Sale brought
by the County to collect delinquent taxes, sewer service charges or other fees or charges due to the County shall be deemed surplus
upon the execution by the Sheriff of a deed conveying the property to New Castle County. Lands acquired in this manner may be sold
without further approval by County Council; provided that, prior to the completion of the sale, the conveyance of the property shall be
approved by the County Executive of New Castle County in accordance with a written policy promulgated by the County Executive or
Chief Administrative Officer.
(g) In addition to those powers enumerated in this section, New Castle County Council may by ordinance transfer lands held by the
County, including but not limited to, surplus lands, to the State after written notification from the Governor or the Governor’s designee
that such lands are required by the State for public purposes.
(Code 1935, § 1153; 43 Del. Laws, c. 100, § 1; 48 Del. Laws, c. 316, § 1; 9 Del. C. 1953, § 1521; 49 Del. Laws, c. 55; 50 Del.
Laws, c. 160, § 1; 53 Del. Laws, c. 52; 53 Del. Laws, c. 143; 55 Del. Laws, c. 85, §§ 7D-7F; 57 Del. Laws, c. 519, § 1; 64 Del.
Laws, c. 229, § 1; 67 Del. Laws, c. 228, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 60, 61, 62.)
§ 1522 Borrowing money.
(a) The County Council may, from time to time, authorize the borrowing of money upon the faith and credit of the County by issuing
bonds, notes, certificates of indebtedness or any other evidence of debt, not to exceed the sum of $10,000,000 exclusive of indebtedness
incurred for the purposes enumerated in subsection (d) of this section.
(b) The evidences of such indebtedness shall be in the form and manner prescribed by the Office of Finance but no such obligation
shall bear interest at a greater rate than 5 percent. Such obligations shall not be issued or sold at less than their face value, and shall be
issued in series and all such obligations issued at any time within the fiscal year shall constitute a series. No such obligation shall run for
more than 20 years. At least 5 percent of the total outstanding obligations issued hereunder shall be retired by lot or paid, in each fiscal
year. The obligations shall be signed by the County Executive either in original or by authorized mechanical signature and sealed with
the seal of the Clerk of the County Council. The obligations may be issued for general County purposes and the full faith and credit of
the County shall be deemed to be pledged for the payment of the principal and interest of such obligations. The obligations shall be made
payable at a state or national bank designated by the County. The obligations shall be exempt from all state, county or municipal taxes.
(c) In case of the destruction by fire of any of the public buildings of the County, or of any emergency resulting in great loss to the County
by destruction of property or threat thereof, the County Council, by a unanimous vote, may provide for such emergency by temporary
loan or loans, anything herein contained to the contrary notwithstanding, until the next ensuing session of the General Assembly.
(d) The debt limit stated in subsection (a) of this section shall not be interpreted to include any bonds, notes or other evidence of
indebtedness issued for the purpose of securing funds for use at the New Castle County Airport or; for using financing sanitary districts,
the construction or acquisition of sewers or sewerage systems, suburban improvements, or County roads or bridges; or any bonds, notes
or other evidence of indebtedness that do not pledge the full faith and credit of the County.
(17 Del. Laws, c. 16, §§ 3, 4; Code 1915, § 1035; Code 1935, § 1176; 42 Del. Laws, c. 101, § 1; 46 Del. Laws, c. 296, § 1; 48
Del. Laws, c. 332, § 1; 9 Del. C. 1953, § 1522; 49 Del. Laws, c. 430; 55 Del. Laws, c. 85, § 7G; 55 Del. Laws, c. 199; 63 Del.
Laws, c. 142, § 15; 71 Del. Laws, c. 401, §§ 15, 63, 64, 65, 66.)
§ 1523 Sinking fund.
The Office of Finance may create a sinking fund for public buildings, public improvements, and public works generally, and for such
purposes may open a special bank account in the name of the County and may deposit therein such sums at such times as the Office of
Finance deems advisable. The money in such fund shall be paid out upon warrants as other county moneys are paid out according to law,
at such times and in such amounts and for the above stated purposes or for any of such purposes, as the Office of Finance shall determine.
(41 Del. Laws, c. 110, § 1; 9 Del. C. 1953, § 1523; 55 Del. Laws, c. 85, § 7H; 71 Del. Laws, c. 401, § 63.)
§ 1524 Dumping of garbage, rubbish, ashes or other waste material; penalty for violation.
(a) The County Council may regulate or prohibit the dumping of rubbish, garbage, ashes or any other waste material in or upon land
within the County outside of any incorporated municipality and, for that purpose, adopt and from time to time amend or rescind, suitable
ordinances, rules or regulations; provided however, that this section shall not apply to the Appoquinimink Hundred and Blackbird Hundred
of New Castle County.
(b) The County Council shall have power to license public garbage collectors who comply with and meet the requirements of the rules,
regulations and ordinances adopted by the County Council. The County Council shall charge each public garbage collector $100 per
year for said license.
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Title 9 - Counties
(c) Whoever violates the regulations of the County Council established under this section shall be punished by a fine not exceeding
$200, or imprisonment not exceeding 30 days, or both. In the case of continuing violations, each day of such violation shall constitute
a separate offense.
(d) The County Council or any owner of real estate within New Castle County injured by a violation of any ordinance, rule or regulation
adopted by the County Council pursuant to this section, may, in addition to other remedies provided by law, institute injunction, mandamus,
abatement or any other appropriate action or actions, proceeding or proceedings, to prevent, enjoin, abate or remove any violations against
regulations adopted pursuant to this section.
(Code 1935, c. 43; 48 Del. Laws, c. 378, § 1; 9 Del. C. 1953, § 1525; 52 Del. Laws, c. 104; 55 Del. Laws, c. 85, §§ 7J-7L; 55 Del.
Laws, c. 128; 71 Del. Laws, c. 401, § 15.)
§ 1525 Creeks or small runs; widening, straightening.
(a) In case the County Council, upon the advice of the Department of Public Works deems it advisable to widen, straighten or alter
the course of any part of any small run or creek in the County, such as Chestnut Run or Little Mill Creek at Forest Park, in Christiana
Hundred, the County Council and the Department of Public Works may enter upon any land for the purpose of surveying and locating
the changes necessary to widen, straighten or alter the course of any part of such run or creek.
(b) Any person owning land which it will be necessary to procure for such purpose may dedicate the same for such purpose, and the
County Council may enter into negotiations with the owner or owners for that purpose, and may secure the necessary conveyance or
dedication of the land. The County Council may also purchase the land from the owner or owners thereof upon such terms as the County
Council deems advisable. All conveyances and dedications shall be to this State, for the use of New Castle County, and all conveyances,
dedications and other papers relating to the acquirement of such land for such purpose shall be and remain a part of the records of the
office of the Department of Public Works.
(c) In case the County Council cannot agree with the owner or owners of such lands, the County Council may acquire the same by
condemnation in accordance with Chapter 61 of Title 10.
(Code 1915, § 1523A; 37 Del. Laws, c. 113; Code 1935, § 1164; 9 Del. C. 1953, § 1526; 55 Del. Laws, c. 85, § 7M; 71 Del. Laws,
c. 401, § 15.)
Subchapter III
Authorized Appropriations
§ 1561 New Castle County Workhouse [Repealed].
Repealed by 71 Del. Laws, c. 401, § 67, effective July 13, 1998.
§ 1562 New Castle County libraries; Wilmington Institute.
(a) The County Council of New Castle County may appropriate public moneys toward the maintenance and support of free public
libraries for the use of the residents of New Castle County and for all purposes incident thereto.
(b) The Wilmington Institute, a corporation of the State, may administer a free library for the use of the residents of New Castle County
outside of the City of Wilmington, and may perform all functions incident thereto, such functions to be in addition to those now devolving
upon the Wilmington Institute under existing laws and to be paid for with other funds than those received from the City of Wilmington.
(c) The County Council of New Castle County and the Wilmington Institute may enter into continuous contracts, pursuant to resolutions
of their respective bodies, with each other and with other persons or corporations, whether public or private, respecting payments of
money to be made toward the maintenance and support of a free library for the use of the residents of New Castle County outside the
City of Wilmington.
(d) The County Council of New Castle County may construct and equip free public libraries in New Castle County and for said purpose,
may acquire land by purchase or gift and may enter into contracts for the construction and equipping of such public libraries in New
Castle County outside of the City of Wilmington. The County Council may enter into contracts with the Wilmington Institute for the
operation and maintenance and support of the said public library.
(e) For the purpose of providing funds for the acquisition of land and construction and equipping of the public library provided in
subsection (d) of this section, the County Council of New Castle County may borrow money upon the faith and credit of New Castle
County by issuing bonds notwithstanding any limitation prescribed by this chapter or any other law.
(1) The bonds shall bear interest at such rates, may be in 1 or more series, may bear such dates, may mature at such times not
exceeding 20 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such
registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants
and conditions, and may be in such form, either coupon or registered, as the resolution or subsequent resolutions provide.
(2) The bonds shall be sold at public sale upon sealed proposals after at least 10 days notice published at least once in a newspaper
published in the City of Wilmington. Any of the bonds may be sold at private sale to the United States of America or any agency,
instrumentality or corporation thereof, at not less than par.
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Title 9 - Counties
(3) Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the
County Council determines may be issued to the purchasers of bonds sold pursuant to this subsection.
(4) The rate of interest may be determined in advance of sale, or the bonds may be offered for sale at a rate of interest to be fixed
by the successful bidder for such bonds.
(5) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations
notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon have
ceased to be officers of the County.
(6) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceeding relating to the
matters authorized by subsection (d) of this section. The resolution authorizing the bonds may provide that the bonds shall contain a
recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity
of their issuance.
(7) The faith and credit of the County are pledged to the payment of any bonds issued by the County under this section. The County
Council shall annually appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and
interest as the same become due and payable. Notwithstanding the provisions of any other law the County Council may levy an ad
valorem tax, with limitation as to rate or amount, upon all property taxable by the County to raise the moneys necessary to meet any
such appropriation.
(36 Del. Laws, c. 112, §§ 1-3; Code 1935, § 1177; 41 Del. Laws, c. 109, § 1; 45 Del. Laws, c. 107, § 1; 47 Del. Laws, c. 79, § 1; 9
Del. C. 1953, § 1562; 49 Del. Laws, c. 95; 51 Del. Laws, c. 19; 52 Del. Laws, c. 250; 54 Del. Laws, c. 146; 54 Del. Laws, c. 210; 55
Del. Laws, c. 85, § 7N; 56 Del. Laws, c. 23; 71 Del. Laws, c. 401, §§ 15, 68.)
§ 1563 Private welfare agencies.
The County Council may make annual appropriations to the following charitable corporations of this State in aid of their respective
objects: Children’s Home, Inc.; The Family Society; St. Michael’s Day Nursery for Colored Children; and The Prisoners Aid Society
of Delaware.
(12 Del. Laws, c. 508, § 1; 17 Del. Laws, c. 579, § 4; 18 Del. Laws, c. 229, § 6; 20 Del. Laws, c. 80, § 3; Code 1915, §§ 1033,
2256, 2269; 37 Del. Laws, c. 186; Code 1935, §§ 1166, 2581, 2594; 9 Del. C. 1953, § 1563; 54 Del. Laws, c. 145, § 1; 55 Del.
Laws, c. 85, § 7N; 71 Del. Laws, c. 401, § 15.)
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Title 9 - Counties
Part II
New Castle County
Chapter 19
Fire and Police Protection [Repealed]
§§ 1901-1903 Fire prevention outside of incorporated towns; county police; powers and duties; mergers
[Repealed].
Repealed by 71 Del. Laws, c. 401, § 69, effective July 13, 1998.
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Part II
New Castle County
Chapter 21
Street and Highway Lighting
§ 2101 Lighting streets and highways in unincorporated communities and villages; petition.
(a) Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, the
County Council may enter into a contract with any electric, gas or other lighting companies to light and illuminate the streets or highways
running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the
property owners shall set forth the boundary lines of the community to be lighted. Street lights shall be of such candle power, electric or
its equivalent in other illuminating mediums, as shall be determined by the County Council. The County Council may enter into contracts
for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment
of the same.
(b) For purposes of this chapter, the term “property owner” shall mean a person or entity who owns a fee simple interest in land situated
in any unincorporated community or village in New Castle County entitling the owner to sign a petition filed pursuant to subsection
(a) of this section and cast 1 vote in favor of or against illuminating streets or highways covered by such petition. In the event that a
property is owned by more than 1 person or entity, either as joint tenants with right of survivorship, tenants in common or tenants by
the entirety, each such party shall be entitled to cast a proportional vote equal to such party’s proportional interest in and to the jointlyheld property, as set forth in the deed of conveyance or other evidence of ownership. If the deed or other evidence of ownership does not
set forth each owner’s proportionate interest, each owner’s interest shall be presumed to be equal for purposes hereof. It is the intent of
this section that each property shall have no more than 1 vote, and each property owner shall have a vote equal to such property owner’s
proportional interest in such property.
(38 Del. Laws, c. 81, § 1; Code 1935, § 1180; 48 Del. Laws, c. 77, § 1; 9 Del. C. 1953, § 2101; 55 Del. Laws, c. 85, § 13A; 68
Del. Laws, c. 238, § 1; 68 Del. Laws, c. 435, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2102 Levy and collection of light tax; penalty for late payment.
(a) The County Council, for the purpose of providing street and highway lighting pursuant to § 2101 of this title, shall levy for the
installation and maintenance of such lights an annual tax based on the full annual cost of such lighting, plus up to but not exceeding 10%
thereof to cover the actual direct and indirect costs of administration and billing. Such tax shall be levied against all properties within
the boundary lines of the communities that have submitted petitions under § 2101 of this title. The County Council shall establish the
method by which such tax shall be computed and shall adopt and levy annual light tax rates that will yield sufficient revenue to cover
the full annual cost of all lighting services, plus up to but not exceeding 10% for the actual cost of administration and billing. No such
taxes shall be levied against farm land.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes. If such taxes
are not paid by the date set for the payment of other taxes, penalty shall accrue thereon in the manner and at the rate specified in §
8604(a) of this title.
(c) If the County Council receives a petition for street lighting from any community and the contract for such street lighting is entered
after the commencement of the county’s fiscal year, the Department of Finance may, at the same times established for supplemental
assessments in § 8339 of this title, levy and bill a supplemental light tax to the property owners within such community, computed in the
same manner as all other light tax bills, reduced at the rates specified in § 8340 of this title.
(d) All taxes levied under this chapter shall be considered real property taxes and, as provided in § 2901(a) of Title 25, shall constitute
and remain a statutory lien on such property, together with any penalties that may accrue thereon, until such taxes and penalties are paid
in full. Such lien shall enjoy the priority established for governmental liens by § 2901 of Title 25.
(38 Del. Laws, c. 81, § 2; Code 1935, § 1181; 48 Del. Laws, c. 77, § 2; 9 Del. C. 1953, § 2102; 55 Del. Laws, c. 85, § 13A; 68
Del. Laws, c. 435, §§ 2-6; 71 Del. Laws, c. 401, § 15.)
§ 2103 Light tax; administration of fund; surplus.
The Department of Finance of New Castle County shall receive all light taxes collected, shall keep them in a separate account, and
shall pay them out only upon orders signed by the County Executive and approved by the Department. The Department shall receive or
charge no compensation for the performance of any duty required of it or New Castle County under this chapter, beyond that expressly
authorized by § 2102 of this title. If, after payment of all contracts entered into pursuant to this chapter, there remains a surplus in the
light account, the surplus shall be applied to reduce the light tax rate for the succeeding taxable year.
(38 Del. Laws, c. 81, § 2; Code 1935, § 1181; 48 Del. Laws, c. 77, § 2; 9 Del. C. 1953, § 2103; 55 Del. Laws, c. 85, §§ 13A, 13B,
13C; 68 Del. Laws, c. 435, § 7.)
§ 2104 Removal of lights.
Lights installed under the provisions of this chapter shall be removed only by ordinance of County Council or upon its direction after
receipt of a petition, signed by a majority of the property owners within the bounds of any lighted community or village, requesting such
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removal. No such ordinance or petition shall be considered by County Council at any time within 3 years after the date of the first light
tax billing issued after the installation of such lights. After the removal of such lights, no light tax shall be levied against properties within
the bounds of the community or village identified in the ordinance or petition. In the event that such lights are removed, County Council
shall not refund any light tax that has been levied for the fiscal year during which the lights are removed.
(38 Del. Laws, c. 81, § 4; Code 1935, § 1183; 55 Del. Laws, c. 85, § 13A; 68 Del. Laws, c. 435, § 8; 71 Del. Laws, c. 401, § 15.)
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Title 9 - Counties
Part II
New Castle County
Chapter 22
Sewers
Subchapter I
General Provisions
§ 2201 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “County” means New Castle County.
(2) “Revenue bonds” means bonds to the payment of which all or any part of the revenues derived from the operation of any sewerage
system are pledged in accordance with this chapter.
(3) “Service charges” means rents, rates, fees or other charges charged or collected under § 2209 of this title.
(4) “Sewerage system” means the plants, structures and other real and personal property acquired, constructed or operated or to
be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any
sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains,
pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections, and outfalls, and other plants,
structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and
convenient for such purposes.
(48 Del. Laws, c. 61, § 2; 9 Del. C. 1953, § 2201.)
§ 2202 Powers of County.
In addition to the other powers which it has, the County may, under this chapter:
(1) Plan, construct, acquire by gift, purchase, or the exercise of the right of eminent domain, reconstruct, improve, better or extend
any sewerage system, and acquire by gift, purchase, or the exercise of the right of eminent domain, lands or rights in land in connection
therewith;
(2) Operate and maintain any sewerage system and furnish the services and facilities rendered or afforded thereby;
(3) Enter into and perform contracts, whether long term or short term, with any industrial establishment for the provision and operation
by the County of the sewerage system to abate or reduce the pollution of waters caused by discharges of industrial wastes by such
industrial establishment and the payment periodically by the industrial establishment to the County of amounts at least sufficient, in
the judgment of the County Council, to compensate the County for the cost of providing (including payment of principal and interest
charges, if any), and of operating and maintaining, the sewerage system or part thereof serving such industrial establishment;
(4) Issue its bonds to finance, either in whole or in part, the cost of the planning, acquisition, purchase, construction, reconstruction,
improvement, betterment or extension of any sewerage system;
(5) Pledge to the punctual payment of the bonds and the interest thereon an amount of the revenues derived from the operation
of such sewerage system (including the revenues of the existing facilities, if any, comprising a sewerage system which is being
improved, bettered, or extended, and the revenues to be derived from any improvements, betterments, extensions thereafter constructed
or acquired), or of any part of any such sewerage system, sufficient to pay, on either equal or priority basis, the bonds and interest as
the same become due and create and maintain reasonable reserves therefor, which amount may consist of all or any part or portion
of such revenues;
(6) Accept from any authorized agency of the State or the federal government, or from persons, firms, or corporations, grants or
contributions for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of any sewerage
system and enter into agreements with such agency respecting such loans and grants; and
(7) Enter into a contract or contracts with any city or town situated within the County providing for the disposal of sewage collected by
any sewerage system either for a specified or an unlimited time and for the charge to be made for such service by any such city or town.
(48 Del. Laws, c. 61, § 3; 9 Del. C. 1953, § 2202; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2203 Sewerage system within city or town.
No sewerage system, or any part thereof, shall be constructed or maintained within the boundaries of any city or town situated in
the County without the consent of such city or town. The consent shall be given only by an ordinance adopted by the council or other
governing body of the city or town in question.
(48 Del. Laws, c. 61, § 4; 9 Del. C. 1953, § 2203.)
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§ 2204 Bonds; authorization, amount, terms, sale and interest rate.
(a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any sewerage system
may be authorized under this chapter and bonds may be authorized to be issued under this chapter to provide funds for such purposes
by ordinance of the County Council.
(b) The County Council, in determining the cost of acquiring or constructing any sewerage system, may include all costs and estimated
costs of the issuance of the bonds, all planning, engineering, inspection, fiscal and legal expenses, and interest which it is estimated will
accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed pursuant
to this chapter.
(c) The bonds shall bear interest at such rates, may be in 1 or more series, may bear such dates, may mature at such times not exceeding
40 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration
privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and
conditions, and may be in such form, either coupon or registered, as the ordinance or subsequent ordinances provide. Debt incurred by the
County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council which may be authorized
in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter, and the County Council
may determine all procedures appropriate to the establishment of a system of issuing uncertificated debt.
(d) The bonds shall be sold at public sale upon sealed proposals after at least 10 days’ notice published at least once in a newspaper
published in the City of Wilmington at such price and upon such terms, conditions and regulations as the County Council may prescribe;
provided, that the County Council may authorize the County Executive to sell such bonds at public or private sale upon such terms,
conditions and regulations as it may prescribe.
(e) Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the County
Council determines may be issued to the purchasers of bonds sold pursuant to this chapter.
(f) The rate of interest may be determined in advance of sale, or the bonds may be offered for sale at a rate of interest to be fixed by
the successful bidder for such bonds.
(48 Del. Laws, c. 61, § 5; 9 Del. C. 1953, § 2204; 55 Del. Laws, c. 85, § 14; 64 Del. Laws, c. 318, §§ 7, 8; 71 Del. Laws, c. 401,
§§ 15, 70.)
§ 2205 Authorized signatures on bonds; validity of issuance.
(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations
notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon have ceased
to be officers of the County.
(b) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the
planning, acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the sewerage system for which
the bonds are issued. The ordinance authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant
to this chapter, which shall be conclusive evidence of their validity and of the regularity of their issuance.
(48 Del. Laws, c. 61, § 6; 9 Del. C. 1953, § 2205; 71 Del. Laws, c. 401, §§ 70, 71.)
§ 2206 Payment of bonds; faith and credit of County; tax levy.
The faith and credit of the County are pledged to the payment of any bonds issued by the County under this chapter. The County Council
shall annually appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and interest as the
same become due and payable. Notwithstanding the provisions of any other law the County Council may levy an ad valorem tax, without
limitation as to rate or amount, upon all property taxable by the County to raise the moneys necessary to meet any such appropriation.
(48 Del. Laws, c. 61, § 7; 9 Del. C. 1953, § 2206; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2207 Authorization of covenants in revenue bonds.
(a) In the event that the County issues revenue bonds, the resolutions authorizing the issuance of such bonds may contain covenants as to:
(1) The purpose to which the proceeds of sale of the bonds may be applied and the use and disposition thereof;
(2) The use and disposition of the revenue of the sewerage systems, the revenues of which are pledged to the payment of such bonds,
including the creation and maintenance of reserves;
(3) The issuance of other or additional bonds payable from the revenues of such sewerage systems;
(4) The operation and maintenance of such sewerage systems;
(5) The insurance to be carried thereon and the use and disposition of insurance moneys;
(6) Books of account and the inspection and audit thereof; and
(7) The terms and conditions upon which the holders of the bonds or any proportion of them or any trustee therefor shall be entitled
to the appointment of a receiver by the appropriate court, which court shall have jurisdiction in such proceedings, and which receiver
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may enter and take possession of the sewerage systems, operate and maintain them, prescribe service charges therefor, and collect,
receive and apply all revenue thereafter arising therefrom in the same manner as the County itself might do.
(b) This chapter and any such ordinance or resolutions shall be a contract with the holders of the bonds, and the duties of the County
and of the County Council and officers under this chapter and any such resolutions shall be enforceable by any bondholder, by mandamus
or other appropriate suit, action or proceeding in any court of competent jurisdiction.
(48 Del. Laws, c. 61, § 8; 9 Del. C. 1953, § 2207; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, §§ 15, 70.)
§ 2208 Service charges; amount and application.
(a) If the County issues revenue bonds under this chapter, the County Council shall prescribe and collect reasonable service charges
for the services and facilities rendered or afforded by the sewerage systems, the revenues of which are pledged to the payment of such
bonds, and shall revise such service charges from time to time whenever necessary.
(b) The service charges prescribed shall be such as will procure revenue at least sufficient:
(1) To pay when due all revenue bonds and interest thereon, for the payment of which such revenue is or shall have been pledged,
charged or otherwise encumbered, including reserves therefor; and
(2) To provide for all expenses of operation and maintenance of such sewerage systems, including reserves therefor.
(c) The service charges when collected shall be applied to the payment of the revenue bonds and interest and to the expenses of such
operation and maintenance in accordance with the resolutions authorizing the revenue bonds.
(48 Del. Laws, c. 61, § 9; 9 Del. C. 1953, § 2208; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2209 Power to make charges; liability of users; computation of rates.
(a) The County Council may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service
charges”) for direct or indirect connection with, or the use or services of, any sewerage system. Such service charges may be charged
to and collected from any person contracting for such connection or use or service or from the owner or occupant, or both of them, of
any real property which directly or indirectly is or has been connected with a sewerage system, or from or on which originates or has
originated sewage which directly or indirectly has entered or may enter into a sewerage system, and the owner or occupant, or both of
them, of any such real property shall be liable for and shall pay such service charges to the County at the time when and place where the
County Council, by ordinance, rule or regulation, determines that such charges are due and payable.
(b) Such service charges shall, as near as the County Council deems practicable and equitable, be uniform throughout the area served
by the sewerage system, and may be based or computed either on the consumption of water on or in connection with the real property,
making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real property,
or on the number and kind of plumbing or sewerage fixtures or facilities on or in connection with the real property, or on the number of
persons residing or working on or otherwise connected or identified with the real property, or on other factors determining the type, class
and amount of use or service of the sewerage system, or on any combination of any such factors.
(48 Del. Laws, c. 61, § 10; 9 Del. C. 1953, § 2209; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2210 Penalties for failure to pay charges.
(a) In the event that a service charge with regard to any parcel of real property is not paid as and when due, a penalty shall accrue and
be due to the County on the unpaid balance at a rate and in a manner to be set by ordinance of County Council.
(b) In the event that any service charge with respect to any parcel of real property is not paid as and when due, the Chief Financial
Officer of the County may, at his or her discretion, enter upon such parcel and cause the connection thereof leading directly or indirectly
to the sewerage system to be cut and shut off until the service charges and any subsequent charges with regard to such parcel and all
penalties thereon are fully paid.
(c) The Office of Finance of New Castle County may at any time notify in writing the person or corporation employing any person
responsible for the payment of delinquent service charges hereunder that the charges are due, delinquent and unpaid and thereupon the
employer shall deduct from the wages, or from any sum due such employee, the amount of the charges due from such employee, and
charge the same against the employee. If such employer refuses or neglects to comply with this section within 3 months from the time
of receiving such notice, the employer shall be personally liable for the charges of such person as to whom notice has been given. The
Office of Finance may recover the amount of the charges from such employer in an action of debt before any Justice of the Peace. When
the amount of such charges is held by any employer under this section, the employer shall pay the same to the Office of Finance within
30 days thereafter. A copy of this section shall accompany all written notices to employers.
(48 Del. Laws, c. 61, § 10; 9 Del. C. 1953, § 2210; 55 Del. Laws, c. 85, § 14; 63 Del. Laws, c. 169, § 2; 65 Del. Laws, c. 435, § 1;
70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 15, 72.)
§ 2211 Lien of service charges on real estate.
(a) In the event that any service charge is not paid as and when due, the unpaid balance thereof and any penalties accrued thereon shall
be a lien on the parcel of real property with regard to which the service charge was made. The lien shall be superior and paramount to the
penalties in such parcel of any owner, lessee, tenant, mortgagee or other person, except the lien of taxes.
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(b) If any service charges remain unpaid after the due date, the chief financial officer, in his or her discretion, may institute a proceeding
for the enforcement of the lien with penalties thereon accrued, and all costs thereon, under the method for collecting delinquent taxes
established under Chapter 87 of this title. Such grounds and buildings, or any part thereof, may be sold by the Sheriff of the county as
is provided by law.
(c) The Sheriff shall, out of the purchase money of the premises so sold, pay all costs arising from the process and sale to the parties
entitled thereto respectively, and shall pay the amount of the service charge with accrued penalties thereon to the Office of Finance. Any
residue of purchase money shall be deposited by the Sheriff in accordance with applicable rules and procedures of the Superior Court.
(35 Del. Laws, c. 69, § 3; 38 Del. Laws, c. 69; Code 1935, § 1172; 46 Del. Laws, c. 294, § 2; 48 Del. Laws, c. 61, § 12; 9 Del. C.
1953, § 2211; 55 Del. Laws, c. 85, § 14; 63 Del. Laws, c. 142, § 16; 63 Del. Laws, c. 169, § 3; 70 Del. Laws, c. 186, § 1; 71 Del.
Laws, c. 401, §§ 15, 73, 74, 75; 82 Del. Laws, c. 151, § 1.)
§ 2212 Sewer lien docket.
(a) (1) The County Council of New Castle County shall establish regulations and fees for the issuance of sewer permits required in §
2216 of this title. Upon issuance of the sewer permit, the fees for such permits shall become liens against the property for which the
permit is issued. The lien for sewer permits and the lien for sewer service shall be superior and paramount to the interest in such parcel
of any owner, lessee, tenant, mortgagee, or other person, except to the lien of taxes.
(2) The Department of Public Works shall issue the permits and collect the fees arising therefrom for the use of the County Council.
The Department of Public Works shall, under supervision and direction of the County Council, prepare a docket to be known as the
“New Castle County Sewer Lien Docket” in which shall be recorded the liens for sewer permits. The form of the Docket shall be
established by the County Council. No sewer permit lien shall be valid unless duly recorded in the said Docket. All sewer permit liens
duly recorded in the Docket shall continue in full force and effect until the liens have been satisfied by payment, and when such liens are
satisfied by payment the Department of Public Works, acting under the supervision and direction of the County Council, shall satisfy
of record the liens, entering thereon the date of final payment, and signing the Docket. The Department of Public Works, for the use
of the County Council, shall receive a fee of $0.50 for each satisfaction so recorded.
(3) The County Council shall also establish the form in which the record of the sewer service liens shall be kept. Such records shall
be in the custody of the Department of Public Works.
(b) All proceedings taken and all acts done prior to April 10, 1957, purporting to establish liens for sewer service and for front foot
fees are legalized, validated and confirmed, notwithstanding any errors, omissions or irregularities in the act or the establishment of a
sewer lien docket or other records relating thereto.
(35 Del. Laws, c. 69, § 3; 38 Del. Laws, c. 69; Code 1935, § 1172; 46 Del. Laws, c. 294, § 2; 9 Del. C. 1953, § 2212; 51 Del.
Laws, c. 33; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2213 Water consumption statement and other information for Department.
(a) Each municipality or public corporation, or other person, owning or operating any system of water distribution serving 3 or more
parcels of real property in the County shall, from time to time after request therefor by the Department of Public Works, deliver to the
Department of Public Works a statement showing the amount of water supplied to every such parcel of real property as shown by the
records of the municipality or public corporation, or other person. The statements shall be delivered to the Department of Public Works
within 10 days after request is made for them, and the Department of Public Works shall pay the reasonable cost of preparation and
delivery of such statements.
(b) The occupant of every parcel of property the sewage from which is disposed of or treated by any sewerage system of the County
shall, upon request therefor by the Department of Public Works, furnish to the Department of Public Works information as to the amount of
water consumed by such occupant or in connection with such parcel and the number and kind of water outlets, and plumbing or sewerage
fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
(48 Del. Laws, c. 61, § 11; 9 Del. C. 1953, § 2213; 55 Del. Laws, c. 85, § 14.)
§ 2214 Discontinuance of water supply for failure to pay service charge.
Each city or town or other public corporation owning or operating any water distribution system serving 3 or more parcels of real
property in the County, and every other person owning or operating any such system may enter into and perform a contract with the
County that it will, upon request by the County Council specifying a parcel of real property in the County charged with any unpaid service
charge under § 2209 of this title, cause the supply of water from its system to such parcel of real property to be stopped or restricted, as the
County Council may request, until the service charge and any subsequent service charge charged to such parcel and the interest accrued
thereon is fully paid or until the County Council directs otherwise. No such city or town or other public corporation or other person shall
be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such supply, and the County Council
shall pay the reasonable cost of so stopping or restricting such supply and of restoring the same and may agree to indemnify such city or
town or other public corporation or other person from loss or damage by reason of such stopping or restriction, including loss of profits.
(48 Del. Laws, c. 61, § 13; 9 Del. C. 1953, § 2214; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
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§ 2215 Contract with city or town for disposal or treatment of sewage.
The County Council may make a contract with any city or town within the territorial limits of the County to dispose of or treat by means
of any sewerage system of the County the sewage originating in such city or town. Any such contract may be authorized by resolution
duly adopted by the County Council and may be made with or without consideration and may contain provisions obligating the County
to dispose of and treat all or any part of the sewage originating in such city or town and obligating such city or town to permit the County
to dispose of or treat such sewage, either for a specific period of time or for an unlimited time. Any such contract may contain other
and different provisions relative to the kind and character of sewage to be disposed of and treated and the compensation, if any, to be
paid for such services.
(48 Del. Laws, c. 61, § 14; 9 Del. C. 1953, § 2215; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2216 Connection of property with sewers.
Permits for connecting any property by a drain with any county sewer shall be obtained from the County Council and shall be issued
only to plumbers licensed to do business in the State. No permit will be granted for connecting any property by a drain with any sewer
unless application is made therefor to the County Council in writing upon blanks furnished by the County Council. The application shall
state the full name of the owner, the size and kind of drain pipe to be used and a full description of the premises, its location, the number
and size of each building located thereon to be drained, the area of each floor thereof, including the floor of the cellar or basement, all of
the purposes for which the drain is to be used, the time when the connection is to be made and other particulars for a full understanding
of the subject and that the owner will be subject to all the rules and regulations prescribed by the County Council. The application shall
be signed by the owner of the property to be drained and by a plumber licensed to do business in the State. The owner shall also execute
a release to the County Council releasing the County Council, its officers and agents and the County from all liability or damage which
may in any manner result to the premises by reason of such connection. No permit shall be deemed to authorize anything not therein
specifically stated.
(35 Del. Laws, c. 69, § 2; Code 1935, § 1171; 9 Del. C. 1953, § 2216; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2217 Licensed plumber to connect property with sewers.
All necessary plumbing work to be done in connecting any property with a county sewer shall be done by a plumber licensed to do
business in this State in a good and workmanlike manner and with good and proper materials, and shall be subject to the approval of
the Department of Public Works.
(35 Del. Laws, c. 69, § 4; Code 1935, § 1173; 9 Del. C. 1953, § 2217; 55 Del. Laws, c. 85, § 14; 70 Del. Laws, c. 186, § 1; 75
Del. Laws, c. 404, §§ 1, 3.)
§ 2218 Misrepresentations in application and unauthorized connections with sewer; penalty.
Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any sewer contrary to
the authority granted by permits issued therefor by the County Council, or without a permit therefor in accordance with this chapter, shall
be fined not less than $5.00 nor more than $500.
(35 Del. Laws, c. 69, § 5; Code 1935, § 1174; 9 Del. C. 1953, § 2218; 55 Del. Laws, c. 85, § 14; 71 Del. Laws, c. 401, § 15.)
§ 2219 Surveys and inspections by Department; penalty for refusal to permit.
(a) The Department of Public Works or its representatives may go upon any land for the purpose of making surveys for sewers, sewer
systems, sewage disposal plants or pumping plants or for rights-of-way or other property rights required for the sewers, sewerage systems,
sewage disposal plants and pumping plants.
(b) The Department of Public Works or its representatives may inspect, at reasonable hours, any premises, dwellings or other buildings
in the vicinity of a county sewer to determine if it is connected to the county sewer, or to determine if the sewer connection has been made
or is being maintained in accordance with the regulations of the County Council.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 for every such refusal.
(35 Del. Laws, c. 69, § 6; Code 1935, § 1175; 46 Del. Laws, c. 294, § 3; 9 Del. C. 1953, § 2219; 55 Del. Laws, c. 85, § 14; 71
Del. Laws, c. 401, § 15.)
§ 2220 Construction of chapter with other laws.
The powers conferred by this chapter shall be in addition to and not in substitution for the powers conferred by any other general,
special or local law. The powers conferred by this chapter may be exercised notwithstanding that any other general, special or local law
may confer such powers, and without regard to the requirements, restrictions, limitations or other provisions contained in such other
general, special or local law.
(48 Del. Laws, c. 61, § 15; 9 Del. C. 1953, § 2220.)
§ 2221 Sewage pumps—Maintenance thereof.
(a) Notwithstanding any language to the contrary, for any residence that the government of New Castle County or any agent or
representative thereof in any capacity or form (County) deems that installation of a grinder pump or any other sewage pump or waste
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Title 9 - Counties
management device shall be necessary in conjunction with or in relation to the New Castle County Sewer Rehabilitation Project, the
County shall pay any and all expenses, costs, and fees of any form or manner related to maintenance and/or operation of such pump or
device and any replacement thereof in perpetuity.
(b) Notwithstanding subsection (a) of this section above, the County shall incur no obligation nor incur any liability where a grinder
pump or any other sewage pump or waste management device was installed on or in a residence by the owner or a representative thereof
prior to commencement of or subsequent to completion of the New Castle County Sewer Rehabilitation Project.
(78 Del. Laws, c. 190, § 1.)
Subchapter II
Monition Method of Sale in New Castle County
§ 2222 Established [Repealed].
(63 Del. Laws, c. 169, § 1; 71 Del. Laws, c. 401, § 76; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2223 Affidavit; judgment; praecipe; issuance [Repealed].
(63 Del. Laws, c. 169, § 1; 71 Del. Laws, c. 401, §§ 76, 77, 78; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2224 Form [Repealed].
(63 Del. Laws, c. 169, § 1; 71 Del. Laws, c. 401, §§ 76, 79; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2225 Service; written notice; posting; return; alias or pluries monition [Repealed].
(63 Del. Laws, c. 169, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 76, 80; repealed by 82 Del. Laws, c. 151, § 2,
effective July 23, 2019.)
§ 2226 Affidavit of defense [Repealed].
(63 Del. Laws, c. 169, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2227 Jury trial [Repealed].
(63 Del. Laws, c. 169, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2228 Discharge of property from lien [Repealed].
(63 Del. Laws, c. 169, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 76, 81; repealed by 82 Del. Laws, c. 151, § 2,
effective July 23, 2019.)
§ 2229 Writ of venditioni exponas [Repealed].
(63 Del. Laws, c. 169, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, §§ 76, 82; repealed by 82 Del. Laws, c. 151, § 2,
effective July 23, 2019.)
§ 2230 Effect of sale of real estate or interest therein [Repealed].
(63 Del. Laws, c. 169, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2231 Petition for deed of conveyance [Repealed].
(63 Del. Laws, c. 169, § 1; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2232 Redemption by owner [Repealed].
(63 Del. Laws, c. 169, § 1; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2233 Petition by owner after redemption; effect of redemption [Repealed].
(63 Del. Laws, c. 169, § 1; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2234 Approval of sale [Repealed].
(63 Del. Laws, c. 169, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2235 Service charge to be lien upon property; construction of “Superior Court” [Repealed].
(63 Del. Laws, c. 169, § 1; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
§ 2236 Fees and costs [Repealed].
(63 Del. Laws, c. 169, § 1; 71 Del. Laws, c. 401, §§ 76, 83; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
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§ 2237 Purchase at Sheriff’s Sale by agent of County [Repealed].
(71 Del. Laws, c. 401, § 84; repealed by 82 Del. Laws, c. 151, § 2, effective July 23, 2019.)
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Title 9 - Counties
Part II
New Castle County
Chapter 23
Sanitary Sewer Districts
§ 2301 Conditions for establishment of sanitary sewer district.
Whenever contiguous territory containing 1 or more centers of population, whether incorporated or not, shall be so situated that the
construction of interceptor sewers, outfall sewers and sewage treatment plants will be conducive to the preservation of the public health,
the territory shall be established by the County Council as a sanitary sewer district.
(Code 1935, § 1170A; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2301; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2302 Establishment or revision of sanitary sewer districts without election; consolidation of districts.
(a) Where the County Council has already constructed sewers to which 50 or more houses have been connected, the County Council
may establish, upon request of the Department of Public Works, a new district or revise the boundaries of an established district without
further petitions or hearings by posting at 4 public places in the district notices describing the new or revised boundaries, and, in the case
of the establishment of a new district, the same cost and assessment data required for districts established by vote of electors.
(b) Within 30 days after the posting of the notices of the establishment of the district in accordance with the provisions of subsection
(a) of this section, the County Council shall pass a formal resolution establishing the district, which shall:
(1) Contain a description of the boundaries of the district;
(2) Direct the Department of Public Works and the attorney of the County Council to procure the necessary land and rights-of-way
by purchase, agreement, or condemnation in accordance with existing statutes; and
(3) Authorize the Department of Public Works to prepare maps, plans, specifications, and estimates, let contracts for and supervise
the construction and maintenance of, or enlarging and remodeling of, any or all structures required to provide for the safe disposal of
the sewage in the sanitary district.
(c) The County Council may consolidate any existing sanitary sewer districts or establish a countywide district following a public
hearing. The hearing shall be at such time as may be fixed by the County Council and advertised at least 2 weeks in advance by publishing
a notice in a newspaper within the county having a general circulation, once in each of the 2 weeks immediately preceding the week in
which the hearing is to be held. All interested persons in any way affected by the proposed consolidation shall be heard. After the public
hearing is closed, the County Council shall, by ordinance, determine whether or not it is in the public interest to establish the consolidated
district. The ordinance shall specify the boundaries of the consolidated district. The County Council may change or amend the rate of
levy as it deems necessary and just.
(Code 1935, § 1170B; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2302; 55 Del. Laws, c. 85, § 15; 61
Del. Laws, c. 331, §§ 1, 2; 71 Del. Laws, c. 401, § 15.)
§ 2303 Establishment of sanitary sewer district upon petition of voters.
Fifty or more legal voters who are residents of a proposed sanitary sewer district, may petition the County Council to submit the question
of organizing a sanitary sewer district to a vote of electors residing in that district. The petition shall contain a description of the proposed
district and shall be accompanied by a map drawn to scale showing the boundaries of the proposed district together with the limits of
any incorporated areas which may be included in the district. The execution of the petition by an elector shall be acknowledged by the
elector or it may be proved by the oath of a witness who shall swear that the witness knows the elector and that the petition was signed
by the elector in the presence of the witness.
(Code 1935, § 1170C; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2303; 55 Del. Laws, c. 85, § 15; 70
Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2304 Public hearing; notice.
The County Council, upon receipt of a petition submitted as provided in § 2303 of this title, shall, and the County Council may, upon
its own motion and without having received such a petition, set a date for a public hearing on the question of organizing a sanitary sewer
district. The hearing shall be held at such time as may be fixed by the County Council and shall be previously advertised by posting a
notice, in 4 of the most public places within the proposed district, at least 10 days prior thereto and by publishing a notice in a newspaper
published within the County and having a general circulation therein, once in each of 2 weeks immediately preceding the week in which
the hearing is to be held. All interested persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in
any way affected by the granting of the petition shall be heard on any question dealing with the location of the boundaries of the district.
Such notice shall contain a description of the boundaries of the proposed sanitary district and if the public hearing is ordered as a result
of the filing of a petition such boundaries shall be those described in the petition.
(Code 1935, § 1170C; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2304; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
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Title 9 - Counties
§ 2305 Action of County Council following hearing.
(a) After the public hearing referred to in § 2304 of this title shall have been closed, the County Council shall, by resolution, determine
whether or not it is in the public interest to establish the district and, if it deems it to be in the public interest to establish the district, the
County Council shall, by such resolution, determine what shall be the boundaries of the district. Such boundaries may be those set forth in
the petition or may be boundaries which will include in the district the property and property owners, and only the property and property
owners, that will be benefited by the establishment of the district and the construction of sewage disposal facilities therein.
(b) After establishing the boundaries of the district, the County Council shall also cause to be prepared by the Department of Public
Works or consulting engineers, an estimate of the cost of proposed immediate construction and also an approximate estimate of the
assessment per front foot and the amount to be included in the assessment necessary to take care of interest, amortization and maintenance
costs. The construction cost estimates and assessment estimates shall be advertised in the same manner as provided in § 2304 of this
title for advertising the public hearing.
(Code 1935, § 1170D; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2305; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2306 Election on question of establishment of district.
(a) Whenever the determination on the question of establishing the district, as required by § 2305 of this title, is in the affirmative, and
after the other requirements of that section have been complied with, the County Council then shall cause an election to be held within
6 months following the date of the hearing, at which the question shall be submitted to the voters residing within the boundaries of the
sanitary sewer district as fixed by the County Council as to whether the district shall be established or not. Notice of the election shall
be advertised in the same manner as provided in § 2304 of this title for advertising the public hearing. The cost of the election shall be
borne by the County Council, which shall be reimbursed for such cost by the district, if established by the election.
(b) The proposition shall be submitted to the voters substantially in the following form:
FOR
THE
SANITARY
SEWER
DISTRICT
.........................................................................................................................................................................................................................
AGAINST
THE
SANITARY
SEWER
DISTRICT
.........................................................................................................................................................................................................................
(c) The majority of votes cast shall decide the matter.
(d) The election shall be managed and the votes canvassed in such manner as may be prescribed by the County Council. Every citizen
who resides in the proposed sanitary sewer district in which the election is being held and who would be entitled at the time of the holding
of such election to register and vote in any election district in which the proposed sanitary sewer district is a part, at a general election,
if such general election were held on the day of such election in the proposed sanitary sewer district, may vote at such election whether
or not the citizen is at the time a registered voter.
(Code 1935, § 1170E; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2306; 50 Del. Laws, c. 164, § 1; 55
Del. Laws, c. 85, § 15; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2307 Action of County Council following election favoring establishment of district.
(a) If the majority of the voters are in favor of establishing the sanitary sewer district, the County Council shall within 30 days following
the election, issue a determination to that effect which shall contain a description of the district. The County Council shall file a certified
copy of the determination with the clerk of the peace.
(b) Within 30 days after the election, the County Council shall authorize the Department of Public Works and the County Attorney to
procure the necessary land and rights-of-way by purchase, agreement, or by condemnation in accordance with existing laws, and shall
authorize the Department of Public Works to prepare maps, plans, specifications and estimates for any or all structures required to provide
for the installation of sewers, structures incidental thereto and the safe disposal of the sewage in the district and to let contracts for,
supervise the construction and maintenance of, or the enlarging or remodeling of such structures, and to carry on such other activities as
may be required by this chapter or considered necessary to perform the duties prescribed in this chapter.
(Code 1935, § 1170E; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2307; 55 Del. Laws, c. 85, §§ 15,
15C; 71 Del. Laws, c. 401, § 15.)
§ 2308 Construction of system adequate for future connections.
The County Council may construct and maintain main sewers and sewage treatment works in order to provide a satisfactory outlet for
any subdivision which may at any future time connect submain or lateral sewers to it.
(Code 1935, § 1170F; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2308; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2309 Construction or maintenance of sewers for cities or towns.
The County Council may construct or maintain submains or laterals as agents for cities or towns when officially requested so to act and
when the cost of such work is to be borne by local assessments against the property benefited or by assessment by the County Council
in the same manner as for unincorporated areas.
(Code 1935, § 1170F; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2309; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
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Title 9 - Counties
§ 2310 Adjustment of assessment for cost of existing sewers included in a district.
In the case where a sanitary sewer district shall include areas wherein sanitary sewers have been constructed under the authority of
the County Council, or by incorporated towns, corporations or individuals, the necessary adjustments shall be made with each property
owner for those costs already incurred by the property owner when those sewers were constructed. Such excess costs shall be credited
to future assessments levied by the district.
(Code 1935, § 1170F; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2310; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2311 Bonds; power to issue; terms.
(a) The County Council may issue bonds of New Castle County to finance the cost of constructing sewage disposal facilities in any
sanitary sewer district. The moneys raised by the issuance of such bonds shall be held in a separate account and shall be expended only
for the construction of sewage disposal facilities in the sanitary sewer district for which the bonds are issued.
(b) The bonds shall bear interest at the most advantageous rate attainable by the County Council and the income therefrom shall not be
subject to state taxation. Each issue of such bonds shall be payable within 30 years after the date of the bonds of such issue. The interest
coupons and face amount of the bonds shall be payable at such place or places as the County Council may prescribe. The reasonable
expenses of issuing such bonds shall be deemed a part of the cost of constructing the sewer facilities. The full faith and credit of New
Castle County shall be pledged to the payment of such bonds and the interest thereon. Debt incurred by the County Council pursuant
to this chapter may be represented by uncertificated obligations of the County Council which may be authorized in accordance with the
same procedures applicable to bonds which are permitted to be issued under this chapter, and the County Council by resolution may
determine, or it may delegate authority to the County Executive to determine, all procedures appropriate to the establishment of a system
of issuing uncertificated debt.
(Code 1935, § 1170G; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2311; 49 Del. Laws, c. 323; 55 Del.
Laws, c. 85, § 15; 63 Del. Laws, c. 142, § 17; 64 Del. Laws, c. 318, § 9; 71 Del. Laws, c. 401, § 15.)
§ 2312 Advertising sale of bonds; authority of County Executive.
The County Council shall advertise the bonds for sale in at least 2 issues in each of 2 newspapers, 1 of which shall be a newspaper of
general circulation published in the City of Wilmington, and the other a newspaper of general circulation published in the City of New
York, inviting bids for the bonds. The advertisements shall state the total amount of the proposed issue, the denominations of the bonds,
the place of payment of the bonds and interest, the place and date of opening bids, and the conditions under which the bonds are to be sold.
The County Council may give notice of the sale of the bonds in such other manner as it may decide. In addition, the County Council may
authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and regulations as it may prescribe.
(Code 1935, § 1170G; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2312; 55 Del. Laws, c. 85, § 15; 64
Del. Laws, c. 318, § 10; 71 Del. Laws, c. 401, § 15.)
§ 2313 Deposit accompanying bids.
The County Council may require each bid for the bonds to be accompanied by a certified check in the amount of the bid. After the
bonds are awarded or sold to the successful bidder or bidders therefor, the County Council shall return to the unsuccessful bidder or
bidders the certified check or checks submitted with the bid or bids.
(Code 1935, § 1170G; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2313; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2314 Sale of bonds; opinion of County Attorney.
(a) The County Council may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the
person, persons, firm or corporation which, in the judgment of the County Council, offers the most advantageous terms.
(b) The bonds shall not be offered for sale until the County Attorney has submitted the County Attorney’s opinion in writing that the
bonds will, when duly sold, executed, delivered and paid for, be validly issued in accordance with the provisions of this chapter.
(Code 1935, § 1170G; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2314; 55 Del. Laws, c. 85, §§ 15,
15D; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2315 Preparation, form and execution of bonds.
The County Council shall direct and effect the preparation and printing of the bonds authorized by this chapter, shall determine whether
such bonds shall be registered or bearer with coupons convertible into fully registered bonds and shall prescribe the form of the bonds
and, in the case of bearer bonds with coupons, the form of the coupons for the payment of interest thereto attached. The bonds shall state
the conditions under which they are issued, the face amount of the bonds and, in the case of bearer bonds with coupons, the coupons
thereto attached shall be payable at such place or places as may be designated by the County Council. The bonds shall be signed as
prescribed by the County Council.
(Code 1935, § 1170G; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2315; 55 Del. Laws, c. 85, § 15; 64
Del. Laws, c. 318, § 11; 71 Del. Laws, c. 401, § 15.)
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Title 9 - Counties
§ 2316 Annual assessment; procedure for fixing amount.
(a) The County Council each year, at a time to be fixed by it, shall, after a public hearing, establish an annual assessment roll for the
sanitary sewer district which shall be known as the “Sanitary Sewer District Assessment.”
(b) The total amount assessed for each year shall be sufficient to provide funds required to reimburse the County for sums to be expended
for retiring the bonds which have been issued and for the payment of the interest due on the same and for maintaining or improving the
sewerage system and paying the necessary general expenses of the sanitary sewer district.
(c) Notice of the public hearing shall state that the assessment roll has been completed and filed and that at the time and place fixed for
the public hearing the County Council will meet and hear and consider any objections which may be made to the assessment roll. Notice
of the public hearing shall be published in a newspaper published within New Castle County, and having a general circulation therein,
once in each of the 2 weeks immediately preceding the week in which the public hearing is to be held.
(d) After holding the public hearing, the County Council may change or amend the assessment roll as it deems necessary or just, and
may confirm and adopt the assessment roll as originally proposed or as amended or changed.
(Code 1935, § 1170H; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2316; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2317 Collection of assessments.
The annual assessments shall be collected by the County Council as are other county taxes. The properties against which such
assessments are levied shall be liable for the payment of the assessments in the same manner as they are liable for other county taxes. No
assessment shall be made against any property which is not subject to taxation and assessment for county and municipal purposes.
(Code 1935, § 1170H; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2317; 51 Del. Laws, c. 130; 55 Del.
Laws, c. 85, § 15; 71 Del. Laws, c. 401, § 15.)
§ 2318 Rules and regulations governing use of sewage disposal facilities.
The County Council may promulgate from time to time and enforce such rules and regulations, as may be necessary, governing the use
of the whole or any parts of such sewerage systems or sewage treatment plants constructed under their control either within or without
the district.
(Code 1935, § 1170-I; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2318; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2319 Grants or loans from federal, state or interstate agencies.
The County Council may accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the
federal or state government or from interstate agencies established by law, to accomplish the purposes of this chapter and may pay the
interest and amortization on such loans in the same manner as is authorized in this chapter for bonds.
(Code 1935, § 1170J; 45 Del. Laws, c. 113, § 1; 47 Del. Laws, c. 178, § 1; 9 Del. C. 1953, § 2319; 55 Del. Laws, c. 85, § 15; 71
Del. Laws, c. 401, § 15.)
§ 2320 Validation of prior acts and proceedings.
All proceedings taken and all acts done prior to June 2, 1949, purporting to establish any sanitary district for the purposes set forth
in Article 1, Chapter 43, Revised Code of the State of Delaware, 1935, as amended by Chapter 113, Volume 45, Laws of Delaware, by
either the County Council of New Castle County or by other officers or agencies of the County, are legalized, validated and confirmed,
notwithstanding any error or omission or irregularity in the acts or proceedings, or in any petition submitted to the County Council under
such act, or any lack of authority therefor; provided:
(1) The County Council shall have fixed the boundaries of such sanitary district after holding a public hearing at which all interested
persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected were afforded an
opportunity to be heard on any question dealing with the location of the boundaries of the district, and
(2) Such public hearing shall have been previously advertised by posting notice thereof in 1 or more public places within such district
at least 10 days prior to such public hearing and by publishing a copy of such notice in a newspaper published within New Castle
County and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which such public
hearing was held, and
(3) A majority of the voters voting at an election held in such district by order of the County Council shall have voted for the
establishment of the district.
(47 Del. Laws, c. 178, § 2; 9 Del. C. 1953, § 2320; 55 Del. Laws, c. 85, § 15; 71 Del. Laws, c. 401, § 15.)
§ 2321 Order to connect to sanitary sewer; enforcement.
(a) The County Council may, where it deems it necessary to the preservation of public health, order the owner of any lot or parcel
of land within a sanitary district which abuts upon a street or other public way containing a sanitary sewer, which is part of or which is
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Title 9 - Counties
served or may be served by the county sewerage system and upon which lot or parcel of land a building shall have been constructed for
residential, commercial or industrial use, to connect such building with such sanitary sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with a sanitary sewer, the County Council shall forthwith
institute action in a Justice of the Peace Court in New Castle County or in the Court of Chancery of the State to compel compliance
with such order.
(9 Del. C. 1953, § 2321; 49 Del. Laws, c. 54; 55 Del. Laws, c. 85, § 15; 71 Del. Laws, c. 401, § 15; 77 Del. Laws, c. 303, § 2.)
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Title 9 - Counties
Part II
New Castle County
Chapter 24
Garbage Disposal
§ 2401 Acquisition of land generally; construction and operation of incineration or garbage disposal plant.
The County Council may acquire land or any interest therein at any place within the County that it deems advisable and may construct
and operate upon the land so acquired an incineration or garbage disposal plant or plants. The County Council may enter into contracts
and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing and equipping
of an incineration or garbage disposal plant or plants and may require from such persons, firms or corporations proper security for the
faithful performance of the work to be done. The County Council may engage the services of competent architects and engineers in
connection with the construction of the plant or plants and shall award any contract to the lowest responsible bidder with the right to
reject any and all bids.
(48 Del. Laws, c. 377, § 1; 9 Del. C. 1953, § 2401; 55 Del. Laws, c. 85, §§ 16A-16C; 71 Del. Laws, c. 401, § 15.)
§ 2402 Acquisition by purchase or eminent domain; condemnation proceedings.
(a) The County Council may acquire the land or interest therein either by purchase or by the exercise of the right of eminent domain
which is expressly granted. In any case in which the County Council considers it necessary to acquire the land or interest therein by the
right of eminent domain, the County Council shall proceed in accordance with the procedure prescribed in Chapter 61 of Title 10.
(b) The right of eminent domain granted in subsection (a) of this section shall extend to and include the right to acquire the fee simple
title to land, or an easement or a right-of-way in, to, over or above such land or property as the County Council deems necessary.
(c) Upon the institution of condemnation proceedings, the County Council may state in the complaint that the possession, right to enter,
or occupancy of the land or interest therein is necessary to the project without delay, and the title to the land in fee simple absolute, or
such lesser estate or interest therein, as may be specified, shall immediately pass to and vest in New Castle County, and said lands or
interest therein shall be deemed to be condemned and taken for the use of such County, and the right to just compensation therefor shall
vest in and to the person or persons entitled thereto. In the event of an immediate taking as specified in this subsection, the Superior Court
may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the County,
and make such orders in respect to incumbrances, leases, taxes, rights, assessments, insurance or other charges, if any, as shall be just and
equitable. The right to take possession and title in advance of final order or judgment in condemnation proceedings as provided in this
subsection shall be in addition to any right, power or authority conferred by the laws of this State under which such proceedings may be
conducted, and shall not be construed as limiting or modifying any such right, power or authority.
(48 Del. Laws, c. 377, § 2; 9 Del. C. 1953, § 2402; 55 Del. Laws, c. 85, §§ 16A-16C; 71 Del. Laws, c. 401, § 15.)
§ 2403 Powers of County Council as to operation of plant; regulations and charges for service.
(a) The County Council may enter into contracts, leases or agreements of any nature pertaining to the operation of the incineration and
garbage disposal plant or plants, including the right to sell such portion of land acquired as may not be necessary to use. The power to
contract shall include the power to contract with any governmental agency of any sort whatsoever and to receive grants-in-aid from any
such agency or any other person or organization.
(b) The County Council may adopt regulations and establish fees and charges for the services rendered by the said incineration and
garbage disposal plant or plants.
(48 Del. Laws, c. 377, § 3; 9 Del. C. 1953, § 2403; 55 Del. Laws, c. 85, §§ 16A-16C; 71 Del. Laws, c. 401, § 15.)
§ 2404 Power to borrow money and issue bonds; interest rates.
The County Council may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of acquiring
land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such a plant
or plants in the County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such
rate of interest, not exceeding 5 percent per annum, and in such form as the County Council shall deem expedient. The interest upon said
bonds shall be payable semiannually in each and every year after the date of issuance thereof.
(48 Del. Laws, c. 377, § 4; 9 Del. C. 1953, § 2404; 49 Del. Laws, c. 353; 55 Del. Laws, c. 85, §§ 16A-16C; 71 Del. Laws, c. 401, §
15.)
§ 2405 Terms of bonds.
The County Council shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond shall
be issued for a term exceeding 25 years. The bonds may or may not at the option of the County Council be made redeemable at such
time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the County Council prior
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to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this chapter, as the
County Council may deem expedient.
(48 Del. Laws, c. 377, §§ 5, 9; 9 Del. C. 1953, § 2405; 55 Del. Laws, c. 85, §§ 16A-16C; 71 Del. Laws, c. 401, § 15.)
§ 2406 Execution and record of bonds.
The bonds shall be prepared under the supervision of the County Council and shall be signed by the Department of Finance and the
County Executive, and shall be under the seal used by the County Council of New Castle County. Such officers shall execute the bonds
when directed by the County Council to do so. The Department of Finance and the County Council shall keep a record of the bonds.
(48 Del. Laws, c. 377, § 6; 9 Del. C. 1953, § 2406; 55 Del. Laws, c. 85, §§ 16A-16D; 71 Del. Laws, c. 401, § 15.)
§ 2407 Sale of bonds.
The bonds or any part thereof may be sold when and as the County Council by resolution determines and until sold shall remain in the
custody of the Department of Finance. Whenever in the judgment of the County Council it is deemed advisable that any part or all of the
bonds shall be sold, the County Council may sell and dispose of the same at public sale after having advertised the same in the public
press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid to any members of the
County Council for effecting the sale or negotiation of such bonds.
(48 Del. Laws, c. 377, § 7; 9 Del. C. 1953, § 2407; 55 Del. Laws, c. 85, §§ 16A-16C; 71 Del. Laws, c. 401, § 15.)
§ 2408 Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated from time to time by
New Castle County.
(b) The County Council in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to
the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Department
of Finance be set apart by it in a separate account to be opened for that purpose; and the Department of Finance shall apply the said sum
annually to the payment of such part of said loan and interest thereon as may from time to time become due under this chapter.
(48 Del. Laws, c. 377, § 8; 9 Del. C. 1953, § 2408; 55 Del. Laws, c. 85, §§ 16A-16C; 63 Del. Laws, c. 142, § 18; 71 Del. Laws, c.
401, § 15.)
§ 2409 Deposit and use of proceeds of sale of bonds; liability of purchasers or holders.
(a) All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the
preparation and sale thereof, shall be deposited by the Department of Finance in a state or national bank designated by New Castle County,
to the credit of the County Council of New Castle County in a separate account and payments thereof shall be made in the same manner
as other payments by the County Council. No part of the money thus obtained, except as in this section provided, shall be used for any
other purpose than those stated in this chapter.
(b) The purchasers or holders of the bonds shall not be bound to see to or be affected by the application of the money realized from
the sale of the bonds.
(48 Del. Laws, c. 377, § 9; 9 Del. C. 1953, § 2409; 55 Del. Laws, c. 85, §§ 16A-16C; 63 Del. Laws, c. 142, § 19; 71 Del. Laws, c.
401, § 15.)
§ 2410 Exemption of bonds from taxation.
The bonds shall be exempt from all state, county and municipal taxation.
(48 Del. Laws, c. 377, § 9; 9 Del. C. 1953, § 2410.)
§ 2411 Definitions.
The words “garbage disposal plant or plants” wherever used in this chapter include incineration, sanitary landfill, garbage grinding
plants, composting for disposal of garbage, or any other means of garbage disposal which shall conform with reasonable standards of
sanitary engineering.
(9 Del. C. 1953, § 2411; 52 Del. Laws, c. 89.)
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Title 9 - Counties
Part II
New Castle County
Chapter 25
Building Code
§ 2501 Definitions.
As used in this chapter unless a different meaning clearly appears from the context:
(1) “Building” means a structure having a roof and intended to shelter persons, animals, property or a business activity. The word
“building” shall be construed to include parts thereof and all equipment therein.
(2) “Building sewer system” means equipment, appliances, pipes, fittings, fixtures and other appurtenances that convey liquid and
water-carried waste from the building or structure to a public sewer, private sewer, individual sewage disposal system or other point
of disposal.
(3) “Construction,” “construct” or “constructed” means the building, installation, alteration, repair, replacement, maintenance,
removal or demolition of a building, structure, mechanical system, fuel gas system, plumbing system, building sewer or similar system,
or the components thereof.
(4) “Contractor” means a person engaged in construction activity regulated by the New Castle County Building Code.
(5) “County Council” shall mean the County Council for New Castle County.
(6) “Department of Land Use” shall mean the New Castle County Department of Land Use.
(7) “Fuel gas system” shall mean natural or liquid gas appliances and related accessories, including gas piping extending from the
point of delivery to the inlet connections of appliances.
(8) “Mechanical system” shall mean a system permanently installed and utilized to provide for the control of environmental conditions
and related processes within buildings and structures, including equipment, appliances, fixtures, fittings, and appurtenances, including
ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy related systems.
(9) “Permit” includes any building permit, license, zoning permit, certificate of occupancy, certificate of use, certificate of
completion, subdivision approval and any other official action of government having the effect of permitting construction, occupancy
or use.
(10) “Plumbing system” means the equipment, appliances, pipes, fittings, fixtures and other appurtenances in or about a building or
structure for bringing in the water supply and removing liquid and water-carried waste.
(11) “Structure” shall mean a man made object having an ascertainable stationary location on land or in water, whether or not affixed
to the land.
(75 Del. Laws, c. 85, § 5.)
§ 2502 Promulgation of building code.
The County Council, in order to provide for the health and safety of the citizens of New Castle County, shall promulgate rules and
regulations, to be known as the New Castle County Building Code, controlling, regulating and supervising persons engaged in construction
activities and providing for matters concerning, affecting or relating to home improvement contracts and to the construction, use or
occupancy, location and maintenance of buildings and structures located in New Castle County and the mechanical systems, fuel gas
systems, plumbing systems, building sewer systems or similar systems, or components thereof, within or about such buildings and
structures.
(44 Del. Laws, c. 84, § 2; 16 Del. C. 1953, § 8301; 50 Del. Laws, c. 204, § 1; 53 Del. Laws, c. 348, § 1; 75 Del. Laws, c. 85, § 5;
78 Del. Laws, c. 334, § 1.)
§ 2503 Existing building; application to.
No provision as adopted by the County Council shall be construed to require any change in, alteration of or addition to a legally existing
building or structure or the premises connected therewith, unless specially stated to so apply.
(44 Del. Laws, c. 84, § 4; 16 Del. C. 1953, § 8302; 75 Del. Laws, c. 85, § 5.)
§ 2504 Registration and testing of contractors.
The County Council may promulgate rules and regulations requiring persons engaged in construction activity regulated by the New
Castle County Building Code to register with the Department of Land Use and take such tests or examinations necessary to demonstrate
that such persons are competent to complete regulated work in a safe and sanitary manner.
(75 Del. Laws, c. 85, § 5.)
§ 2505 Fees.
The County Council shall adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement
of the New Castle County Building Code including fees for the issuance of permits, inspections and registration. The basis for establishing
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building permit costs shall be limited to the building or structure and its functional parts including its mechanical system, fuel gas system,
plumbing system, building sewer system or any other similar system within or about such building or structure.
(44 Del. Laws, c. 84, § 13; 16 Del. C. 1953, § 8312; 53 Del. Laws, c. 348, § 2; 75 Del. Laws, c. 85, § 5.)
§ 2506 Department of Land Use; administration and enforcement.
The Department of Land Use shall have the power and authority to administer and enforce all provisions of the New Castle County
Building Code as promulgated by the County Council except as otherwise provided for by this chapter or by rule and regulation adopted
by County Council.
(75 Del. Laws, c. 85, § 5.)
§ 2507 Inspections and certifications of compliance.
Inspections required under the provisions, rules and regulations adopted by the County Council shall be made by the Department of
Land Use. In the case of the inspection of elevators, fuel oil equipment or electric wiring, the Department of Land Use may accept reports
of inspectors of casualty companies or of other recognized inspection services after investigation of their qualifications and reliability.
Certifications required under the provisions, rules and regulations adopted by the County Council shall be in writing and certified over
the signature of the person verifying that the provisions of the New Castle County Building Code are complied with and that there are
no unsafe conditions.
(44 Del. Laws, c. 84, § 9; 16 Del. C. 1953, § 8307; 75 Del. Laws, c. 85, § 5.)
§ 2508 Records.
(a) The Department of Land Use shall keep a careful and comprehensive record of applications, of permits issued, of inspections made,
of reports rendered and of notices or orders issued. The Department of Land Use shall retain on file copies or electronic versions of all
papers in connection with building work so long as any part of the building or structure to which they relate may be in existence, except
that construction plans for buildings or structures of less than $200,000 value need not be retained after work shown on such plans has
been completed and has been approved and accepted. The Department of Land Use shall keep a record of all violations of any rules or
regulations promulgated by the County Council, with the name of the owner or builder and the location where such violations are found.
(b) All records shall be open to public inspection at the discretion of the Department of Land Use and subject to the Delaware Freedom
of Information Act [Chapter 100 of Title 29] but shall not be removed from the Department.
(44 Del. Laws, c. 84, § 10; 16 Del. C. 1953, § 8308; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 85, § 5.)
§ 2509 Construction of buildings, structures and equipment; use and occupancy.
(a) No building or structure shall be constructed by a registered contractor or an individual holding a permit as provided for in this
chapter, nor shall the equipment and materials that are part of or related to the electrical system, mechanical system, fuel gas system,
plumbing system, building sewer system or similar system in or about a building or structure, be constructed except in compliance with
the provisions of the New Castle County Building Code as promulgated by the County Council.
(b) No building or structure shall be constructed in any manner that would be in violation of the New Castle County Building Code as
promulgated by the County Council or of any authorized order or rule of the Department of Land Use made and issued thereunder.
(c) No building or structure shall be used or occupied, in whole or in part, and no change to the existing use or occupancy classification
of a building or structure or portion thereof shall be made until the Department has issued an occupancy or use permit.
(d) No equipment or material that is part of or related to the electrical system, mechanical system, fuel gas system, plumbing system,
building sewer system or similar system, in or about a building or structure, and for which a permit is required for the construction of
said equipment, material or system, may be put into use or operation until the Department has issued a permit or certificate allowing
its use or operation.
(e) No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and
no occupancy or use permit shall be issued unless such building or structure complies with Chapter 42 of Title 31.
(44 Del. Laws, c. 84, §§ 3, 4; 16 Del. C. 1953, § 8310; 75 Del. Laws, c. 85, § 5; 78 Del. Laws, c. 368, § 1.)
§ 2510 Application for permits.
No person shall commence construction of a building or structure, or any electrical system, mechanical system, fuel gas system,
plumbing system, building sewer system or similar system, or component thereof, within or about a building and structure, where such
construction is regulated by the New Castle County Building Code, without first filing with the Department of Land Use an application
in writing for such issuance of the building permit. The Department of Transportation, through the Office of Aeronautics, shall respond
to the Department of Land Use regarding any objections to the issuance of a building permit, within 30 days of the Department of
Transportation’s receipt of such permit for review.
(44 Del. Laws, c. 84, § 12; 16 Del. C. 1953, §§ 3005, 8311; 55 Del. Laws, c. 49; 57 Del. Laws, c. 754, §§ 3, 4; 60 Del. Laws, c.
293, § 3; 69 Del. Laws, c. 182, § 1; 70 Del. Laws, c. 575, § 19; 75 Del. Laws, c. 85, § 5.)
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§ 2511 Use and maintenance of building or structure erected in violation of code.
(a) No person shall maintain, occupy or use a building or structure or part thereof that has been constructed in violation of this chapter
or of any of the provisions, rules or regulations delineated in the New Castle County Building Code as adopted by the County Council
of New Castle County pursuant to the purpose of this chapter or constructed in violation of any permit, certificate, detailed statement or
plan accepted or approved by the Department or in violation of any order of the Department.
(b) A person who has constructed or is maintaining such a building or structure or constructed a mechanical system, fuel gas system,
plumbing system, building sewer system or similar system, or component thereof, shall remove the building, structure or system or cause
the same to be removed. If such person fails to do so, the Department of Land Use may remove such unlawful building, structure or system
or cause the same to be removed or altered to comply with the law. Whatever expense shall be incurred in relation thereto shall be paid
by the Office of Finance out of the moneys in the Treasury; and the owner or owners shall be jointly and severally liable to New Castle
County for the full amount so expended. New Castle County may maintain an action at law against such owner or owners to recover the
sums of moneys so expended, plus lawful interest and costs.
(44 Del. Laws, c. 84, § 5; 16 Del. C. 1953, § 8314; 75 Del. Laws, c. 85, § 5.)
§ 2512 Violation of regulations or chapter; notices and orders.
(a) For the purpose of enforcing compliance with the provisions of the New Castle County Building Code, the requirements of
any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or to remove illegal or
unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in existing buildings, the
Department of Land Use shall issue such rules, notices or orders as may be necessary.
(b) Whenever the Department of Land Use is satisfied that a building or structure, mechanical system, fuel gas system, plumbing
system, building sewer system or similar system, or component thereof, or any work in connection therewith, the construction of which
is regulated, permitted or forbidden by any of the rules or regulations as adopted by the County Council, is being constructed in violation
or rules, regulations or requirements as promulgated by the County Council or in violation of a permit, certificate, detailed statement or
plan accepted or approved by the Department of Land Use, or order of the Department of Land Use, the Department of Land Use may
serve a written notice or order upon the person responsible therefore directing discontinuance of each illegal action and the remedying of
the condition which is in violation of the provisions, regulations or requirements as adopted by the County Council or required by permit,
certificate, detailed statement or plan accepted or approved by the Department of Land Use or by order of the Department of Land Use.
(c) No person having been served with such a notice or order shall fail within 5 days to comply with the requirements thereof unless
the Department of Land Use determines that such violation cannot be cured within such time and clearly delineates additional time for
compliance.
(d) Whenever in the opinion of the Department, by reason of defective or illegal work in violation of a provision or requirement
adopted by the County Council of New Castle County, or in violation of any permit, certificate, detailed statement or plan accepted or
approved by the Department of Land Use or in violation of any order of the Department of Land Use or the continuance of a building
operation is contrary to public welfare, the Department may order, in writing, that all further work be stopped immediately and may
require suspensions of work until the condition in violation has been remedied.
(44 Del. Laws, c. 84, § 14; 16 Del. C. 1953, § 8313; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 85, § 5.)
§ 2513 Penalties.
The owner of a building, structure or premises in violation of this chapter or the rules or requirements as promulgated by the County
Council or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or in
violation of an order of the Department of Land Use, and any architect, builder, contractor, agent, person or corporation employed in
connection therewith and who has participated or assisted in the commission of such violation shall each be fined not more than $1,000
for each offense and each and every day such violation continues shall constitute a separate offense.
(44 Del. Laws, c. 84, § 15; 16 Del. C. 1953, § 8315; 75 Del. Laws, c. 85, § 5.)
§ 2514 Abatement proceedings.
The imposition of the penalties in this chapter shall not preclude the Attorney General, County Attorney or Code Enforcement Constable
from instituting appropriate actions or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises,
or to prevent an illegal act, conduct, business or use in or about any premises.
(44 Del. Laws, c. 84, § 16; 16 Del. C. 1953, § 8316; 75 Del. Laws, c. 85, § 5.)
§ 2515 Exceptions.
This chapter shall not apply to buildings or structures devoted to agricultural use as defined in Chapter 26 of this title, nor to properties,
buildings or structures located within any incorporated city or town in New Castle County unless the responsibility for the local service
function has been duly transferred to New Castle County.
(44 Del. Laws, c. 84, § 17; 45 Del. Laws, c. 111, § 1; 16 Del. C. 1953, § 8317; 53 Del. Laws, c. 348, § 3; 58 Del. Laws, c. 277; 75
Del. Laws, c. 85, § 5.)
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Title 9 - Counties
Part II
New Castle County
Chapter 26
Zoning
Subchapter I
General Provisions
§ 2601 Power of County Council; area subject to regulation.
(a) The County Council may, in accordance with the conditions and procedure specified in this subchapter, regulate the location,
height, bulk and size of buildings, parking areas, and other structures, the percentage of lot which may be occupied, the size of yards,
courts and other open spaces, the density and distribution of population, the location and uses of buildings, parking areas, and structures
for trade, industry, residence, recreation, public activities or other purposes and the uses of land for trade, industry, residence, parking,
recreation, public activities, water supply conservation, soil conservation or other similar purposes, in any portion or portions of New
Castle County which lie outside of incorporated municipalities; provided however, that no such regulation or regulations promulgated
pursuant to Chapter 30 of this title shall apply to any lands, buildings, parking areas, or other structures proposed to be used by or for
any nonprofit corporation organized under the laws of this State and engaged at the time of such proposal in the operation in this State
of 1 or more acute general hospital facilities for the purpose of such or similar operations, or to any lands, buildings, parking areas, or
other structures of such corporation devoted to such operations. The territory lying within incorporated municipalities shall be included
upon request made by the governing body or authority thereof.
(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or
other structure proposed to be devoted to any agricultural use or which is devoted at the time of such proposal to agricultural use or to any
land, building, greenhouse or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed
to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be
devoted to agricultural use if:
(1) The land, building, greenhouse or structure is assessed pursuant to § 8335 of this title;
(2) The land, building, greenhouse or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;
(3) The person who owns, leases or otherwise controls the land, building, greenhouse or structure is required to implement a nutrient
management plan or agricultural waste management plan for the same and the land, building, greenhouse or structure itself is devoted
to or used in the production for sale of plants and animals useful to man, including but not limited to:
a. Forages and sod crops;
b. Grains and feed crops;
c. Dairy animals and dairy products;
d. Poultry and poultry products;
e. Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or
all of such animals;
f. Bees and apiary products;
g. Fish, hydroponic and aquacultural products;
h. Fur animals; and
i. Trees and forest products;
(4) The land, building, greenhouse or structure is devoted to and meets the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agreement with an agency of the federal government;
(5) The land, building or structure is a farm market or roadside stand provided:
a. The products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with
such farm operation; or
b. The products are grown or produced on a local regional farm, and such farm market or roadside stand shall comply with the
following provisions:
1. All buildings, structures and associated canopies shall comply with the building height setback requirements established by
the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit
requirements as enacted by the local jurisdiction;
2. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local
jurisdiction provided that at least 1 parking space shall be provided for each 100 square feet of floor area of the establishment.
The area of 1 parking space shall be equivalent to a standard parking stall of 9' x 18';
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Title 9 - Counties
3. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from
the Delaware Department of Transportation prior to the start of construction; and
4. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its
zoning ordinances; and
(6) The land, building or structure is used for an agritourism activity, and such land, building or structure complies with the following
provisions:
a. All buildings, structures and associated canopies shall comply with the building height setback requirements established by
the local jurisdiction within its zoning ordinances. The construction of buildings or structures to be used by the participants of any
agritourism activity shall conform to applicable building codes and building permit requirements enacted by the local jurisdiction;
b. If a new vehicular entrance is necessary to support an agritourism activity, an entrance permit shall be obtained from the
Delaware Department of Transportation prior to the start of construction; and
c. Any signage shall comply with signage provisions and permitting requirements established by the local jurisdiction, as well as
any applicable signage regulations adopted by the Department of Transportation.
(c) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to the agricultural uses of conducting
hayrides, horseback riding, guided tours, barn parties and petting zoos.
(48 Del. Laws, c. 321, § 1; 9 Del. C. 1953, § 2601; 55 Del. Laws, c. 85, § 18A; 60 Del. Laws, c. 661, § 1; 66 Del. Laws, c. 207, §
1; 71 Del. Laws, c. 401, § 15; 74 Del. Laws, c. 144, § 1; 75 Del. Laws, c. 244, §§ 1, 2; 76 Del. Laws, c. 409, § 2; 78 Del. Laws, c.
143, §§ 1-3; 80 Del. Laws, c. 141, § 1.)
§ 2602 Zoning plan and regulations.
(a) For any or all of the purposes specified in § 2601 of this title the County Council may divide the territory of New Castle County
into districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the
erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land.
(b) All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in 1 district
may differ from those in other districts.
(48 Del. Laws, c. 321, § 2; 9 Del. C. 1953, § 2602; 55 Del. Laws, c. 85, §§ 18A, 18C; 71 Del. Laws, c. 401, § 15.)
§ 2603 Purposes of regulations.
(a) Regulations adopted by the County Council, pursuant to the provisions of this subchapter, shall be in accordance with a
comprehensive development plan adopted pursuant to this title, and shall be designated and adopted for the purpose of promoting the
health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of this State, including, among other
things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire
and other dangers, providing adequate light and air, preventing on the 1 hand excessive concentration of population and on the other
hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification
of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public
requirements, transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility, food
supply, protection of the tax base, securing economy in governmental expenditures, fostering the State’s agricultural and other industries,
and the protection of both urban and nonurban development.
(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved,
its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend
and character of land, building and population development.
(48 Del. Laws, c. 321, § 3; 9 Del. C. 1953, § 2603; 55 Del. Laws, c. 85, § 18A; 66 Del. Laws, Sp. Sess., c. 199, § 1; 66 Del. Laws,
c. 207, § 1; 70 Del. Laws, c. 270, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2604 Assistance from and cooperation with other agencies.
The Department of Land Use shall make use of the expert advice and information which may be furnished by appropriate state, federal,
or other officials, departments and agencies. All officials, departments, and agencies within the State having information, maps, and data
pertinent to county zoning shall make the same available for the use of the Department of Land Use, as well as furnish such other technical
assistance and advice as they may have available for such purpose.
(48 Del. Laws, c. 321, § 5; 9 Del. C. 1953, § 2605; 55 Del. Laws, c. 85, § 18B; 71 Del. Laws, c. 401, § 85.)
§ 2605 Department’s powers in conduct of public hearing.
At any public hearing held pursuant to this subchapter, the Department of Land Use may summon witnesses, administer oaths and
compel the giving of testimony.
(48 Del. Laws, c. 321, § 6; 9 Del. C. 1953, § 2609; 55 Del. Laws, c. 85, § 18B; 66 Del. Laws, c. 207, § 1; 71 Del. Laws, c. 401, §
85.)
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§ 2606 Adoption by county government of zoning plan and regulations; public hearing and notice;
consultative hearings; resubmission to Department of Planning [Repealed].
Repealed by 71 Del. Laws, c. 401, § 86, effective July 13, 1998.
§ 2607 Changes in zoning district, plan or regulations; procedure.
(a) The County Council may, from time to time, make amendments, supplements, changes, modifications (herein called “changes”),
in accordance with a comprehensive development plan adopted pursuant to Chapter 13 of this title, with respect to the number, shape,
boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning
regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first
submitted to the Department of Land Use.
(b) With respect to any proposed changes, the Department of Land Use shall hold at least 1 public hearing, notice of which hearing
shall be published at least 7 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall
contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place
and times at which the text and map relating to the proposed change may be examined.
(c) Unless such Department of Land Use shall have transmitted its report upon the proposed changes within 45 days after the submission
thereof to it, the County Council shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report
of the Department of Land Use. In any event, the County Council shall not be bound by the report of the Department of Land Use. Before
finally adopting any such changes, the County Council shall hold a public hearing thereon, at least 15 days notice of the time and place
of which shall be given by at least 1 publication in a newspaper of general circulation in the County.
(48 Del. Laws, c. 321, § 8; 9 Del. C. 1953, § 2611; 50 Del. Laws, c. 118, § 1; 55 Del. Laws, c. 85, §§ 18A, 18B; 66 Del. Laws, Sp.
Sess., c. 199, § 2; 66 Del. Laws, c. 201, § 1; 71 Del. Laws, c. 401, §§ 15, 85.)
§ 2608 Zoning coordination and integration; committees and rules of Department of Land Use.
(a) The New Castle County Department of Land Use may cooperate with other planning and zoning commissions within New Castle
County and within other counties and states, and with the planning, zoning, legislative and administrative authorities of incorporated or
unincorporated municipalities, either within or without such County, with a view to coordinating and integrating the zoning of the County
with the planning and zoning of other counties or of municipalities.
(b) The Department of Land Use may appoint committees and adopt such rules for the conduct of its business as it deems proper to
effect such cooperation or to more expeditiously and effectively perform its functions.
(48 Del. Laws, c. 321, § 9; 9 Del. C. 1953, § 2612; 55 Del. Laws, c. 85, § 18B; 71 Del. Laws, c. 401, § 85.)
§ 2609 Violations of regulations or subchapter; enforcement, remedies and penalties.
(a) No person shall erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any
regulation in or of any provision of, any zoning regulation, or any change thereof, enacted or adopted by the County Council under the
authority of this subchapter.
(b) Whoever violates any such regulation, provision or change of this subchapter, shall be fined not more than $100, or imprisoned
not more than 10 days, or both.
(c) Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall
be deemed a separate offense.
(d) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land
is or is proposed to be used, in violation of this subchapter or of any regulation or provision of any regulation, or change thereof, enacted or
adopted by the County Council under the authority granted by this subchapter, the County Council, the attorney thereof, or any owner or
occupier of real estate within the district or within an adjoining district in which such building, structure or land is situated, may, in addition
to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or
proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
(48 Del. Laws, c. 321, § 13; 9 Del. C. 1953, § 2619; 54 Del. Laws, c. 222; 55 Del. Laws, c. 85, § 18A; 66 Del. Laws, c. 207, § 1;
71 Del. Laws, c. 401, § 15.)
§ 2610 Nonconforming uses of land or buildings.
(a) The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning
regulation, or in the case of a change of regulations, then at the time of such change, may, except as hereinafter provided, be continued
although such use does not conform with the provisions of such regulations or change, and such use may be extended throughout the
same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. County Council
in any zoning regulations may permit the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms
and conditions as may be set forth in the zoning regulations.
(b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by
law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County,
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or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by
the County is located.
(48 Del. Laws, c. 321, § 14; 9 Del. C. 1953, § 2620; 55 Del. Laws, c. 85, § 18A; 71 Del. Laws, c. 400, §§ 2.)
§ 2611 Conflict between zoning regulations and other laws.
Whenever any regulation made under authority of this subchapter requires a greater width or size of yards, courts or other open spaces,
or requires a lower height of buildings or smaller number of stories, or requires a greater percentage of lot to be left unoccupied, or
imposes other higher standards than are required in or under any other statute or local regulation, the regulations made under authority of
this subchapter shall govern. Whenever any other statute or local regulation requires a greater width or size of yards, courts or other open
spaces, or requires a lower height of buildings or a lesser number of stories, or requires a greater percentage of lot to be left unoccupied,
or imposes other higher standards than are required by any regulations made under authority of this subchapter, such statute shall govern.
(48 Del. Laws, c. 321, § 17; 9 Del. C. 1953, § 2623; 66 Del. Laws, c. 207, § 1.)
§ 2612 Residential facilities for persons with disabilities.
(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons
with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.
(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those
terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
(c) [Repealed]
(62 Del. Laws, c. 390, § 1; 74 Del. Laws, c. 149, §§ 1, 2, 3.)
§ 2613 Notice to local school districts of residential zoning changes.
With respect to any proposed residential zoning change the County Council shall notify the local school district for the area at least 7
days prior to the initial hearing upon such residential zoning change.
(66 Del. Laws, Sp. Sess., c. 195, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2614 Changes in zoning.
(a) Unless the Department of Land Use recommends approval of a rezoning, the County Council shall not change the zoning for any
parcel of land without the County Council approving such change in zoning by a concurrence of two thirds of all members elected to
the County Council.
(b) Any rezoning which is approved subject to restrictions shall require a two-thirds vote of all members elected to the County Council
to release, remove or change such restrictions, unless the Department of Land Use recommends approval of the release, removal or change
of said restrictions, in which case a simple majority of all members elected to the County Council shall be required.
(68 Del. Laws, c. 272, § 1; 69 Del. Laws, c. 27, § 1; 71 Del. Laws, c. 401, §§ 15, 85.)
§ 2615 Notice to property owners of zoning changes.
With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government
shall notify the owner of the property and all adjacent property owners to the extent and in the manner the county by ordinance so provides
as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change.
72 Del. Laws, c. 415 shall become effective for zoning changes initiated after enactment of this act.
(72 Del. Laws, c. 415, § 1.)
§ 2616 Emergency Communication Systems.
(a) “Emergency communications equipment” includes, but is not limited to: repeater systems, 2-way radio communications, signal
boosters, bi-directional amplifiers, radiating cable systems or internal antenna or any combination of the foregoing.
(b) “Emergency public safety personnel” includes firefighters, emergency medical services personnel, law-enforcement officers and
other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations,
including but not limited to, fires, medical emergencies, crimes and terrorist attacks.
(c) “Newly constructed buildings” are defined as any structure of 25,000 square feet or more for which a building permit is issued
commencing February 24, 2008. New construction shall not be construed as a renovation or modification of a building, or an expansion
or addition to a building which is contiguous to an existing building for which a permanent certificate of occupancy was in effect by
February 24, 2008. A structure shall be considered new construction even if it is physically connected to an existing structure exempt
from the provisions of this section if it is not contiguous to the structure. “Contiguous structures” shall mean at least 2 structures that
share a common wall or floor.
(d) The zoning ordinance and regulations adopted pursuant to this section shall provide that newly constructed buildings of 25,000
square feet of gross floor area or more shall be designed, constructed and/or equipped so that they meet the GAT (Grid Acceptance Test) at
95% compliance for 800 MHz public safety in-building communications coverage. The in-building coverage required under this section
may occur naturally or may require in-building emergency communications equipment as defined in subsection (a) of this section.
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(e) No issuing agency shall award a permanent certificate of occupancy unless a building affected under this section meets the GAT
95% coverage requirement. An issuing agency may issue a temporary certificate of occupancy for a period of 3 months if a reasonable
effort has been made to meet the requirements under this section prior to the issuance of the temporary certificate of occupancy.
(f) The Delaware Department of Safety and Homeland Security (DSHS), or its designee, shall develop and promulgate rules and
regulations for the implementation of the provisions in this section. The Secretary of DSHS shall form an advisory committee consisting
of representatives of state agencies and private commercial and industrial building interests to develop the rules and regulations specified
in this section. The advisory committee shall be comprised of no more than 16 members which shall consist at least of the following
members:
(1) The Secretary of the Department of Safety and Homeland Security or the Secretary’s designee;
(2) A representative of the Office of Facilities Management to be appointed by the Director of the Office of Management and Budget;
(3) A representative of the Delaware Volunteer Firefighter’s Association;
(4) A representative from Emergency Medical Service;
(5) A representative from the Delaware State Police to be appointed by the Colonel of the State Police;
(6) A representative of the Police Chiefs Council to be appointed by the President of the Police Chiefs Council;
(7) A representative from the Delaware Department of Transportation [DelDOT] to be appointed by the Secretary of the DelDOT;
(8) A representative of the Delaware Department of Technology and Information to be appointed by the Chief Information Officer
of the Delaware Department of Technology and Information;
(9) A representative from the Delaware Healthcare Association;
(10) A member of the Commercial Industrial Realty Council;
(11) Two members at-large to be appointed by the Governor of the State of Delaware.
The remaining members shall be appointed by the Governor and shall represent owners and developers of buildings greater than 100,000
square feet. The Advisory Committee shall expire upon completion and adoption of the rules and regulations under this section, but no
later than February 28, 2009.
(g) The rules and regulations promulgated by the Department of Safety and Homeland Security shall not require any building to be
certified for 95% in-building coverage until all 800 MHz communications towers within a county, under the Next Generation 800 MHz
Project in effect at the time this section is enacted, are fully operational. If a building otherwise subject to the provisions of this section is
temporarily exempt from certification under this section due to unfinished towers in a county, the design and construction of a building
shall incorporate the means to later install any equipment necessary to meet the 95% GAT in-building coverage requirement. A building
temporarily exempted under this subsection shall be certified within 6 months after all Next Generation 800 MHz communication towers
are fully operational within a county. The Department of Safety and Homeland Security shall publish, and update, on its website, a map
of the State showing those counties in which buildings subject to this chapter must comply with the requirements under this section.
(h) If a building, subject to the provisions of this section, has been certified as meeting the GAT 95% in-building coverage requirement,
then persons and/or entities involved in the design, construction, ownership and maintenance of the building shall not be liable for any
injury, death or damage that solely and directly results from the acts or omissions in its operation of the State of Delaware 800 MHz
Emergency Communications system.
(i) Except as otherwise provided in this section, the following shall be an exception to the provisions of this section:
(1) Areas of a building, otherwise subject to the provisions of this Section, where electromagnetic interference (EMI’s) will interfere
with the efficient operation of equipment sensitive to EMI’s; and,
(2) Any agricultural building not intended and not used for human occupancy, including but not limited to, commercial poultry
houses, animal barns, etc.
(j) Buildings that would otherwise be subject to the provisions of this section shall be permanently exempt if a building permit is issued
by February 28, 2009.
(k) When all towers associated or related to the Next Generation 800 MHz Project have been erected and are operational, subsection
(g) of this section shall no longer be applicable and shall expire unless otherwise provided by a subsequent act of the General Assembly.
(l) The 95% GAT 800 MHz Emergency Communications in-building coverage standard shall be the standard applicable to the 800
MHz Emergency Communications System and any minor upgrades to the 800 MHz Emergency Communications System.
(76 Del. Laws, c. 181, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 378, § 1.)
Subchapter II
The Quality of Life Act
§ 2651 Short title; intent and purpose.
(a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize
and strengthen the existing role, processes and powers of County Councils in the establishment and implementation of comprehensive
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planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of
land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use
and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of County
Council can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement
and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks,
recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within
their jurisdictions.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State
and to encourage and assure coordination of planning and development activities of units of County Council, municipalities, regional
agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the
standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part
of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter,
shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to
implement the other elements of the adopted comprehensive plan.
(66 Del. Laws, c. 207, § 1; 71 Del. Laws, c. 401, § 15.)
§ 2652 Definitions.
For the purposes of this subchapter:
(1) “Area” or “area of jurisdiction” means the total area qualifying under the provisions of this subchapter, being all unincorporated
lands within a county.
(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the
counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. Wherever in this subchapter
land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such
regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land
use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall
mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and
county land use regulations enacted to implement the other elements of the adopted comprehensive plan.
(3) “Coordination” as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common
end or purpose.
(4) “County” means New Castle.
(5) “Developer” means any person, including a governmental agency, undertaking any development as defined in this subchapter.
(6) “Development” means any construction or reconstruction of any new or existing commercial or residential building(s) or
structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional
control of the State or its agencies or its political subdivisions.
(7) “Development order” means any order granting, denying or granting with conditions an application for a development permit.
(8) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy,
special exception, variance or any other official action of local government having the effect of permitting the development of land.
(9) “Governing body” means the chief governing body of County Council, however designated, or the combination of such bodies
where joint utilization of the provision of this subchapter is accomplished as provided herein.
(10) “Governmental agency” means:
a. The United States or any department, commission, agency or other instrumentality thereof.
b. This State or any department, commission, agency or other instrumentality thereof.
c. Any local government, as defined in this section, or any department, commission, agency or other instrumentality thereof.
d. Any school board or other special district, authority or governmental entity.
(11) “Land” means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily
regarded as land.
(12) “Land development regulation commission” means a commission designated by a County Council to develop and recommend,
to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land
development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body regarding
its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency.
(13) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development
and includes any County Council zoning, rezoning, subdivision, building construction or sign regulations or any other regulations
controlling the development of land.
(14) “Land use” means the development that has occurred on the land, the development that is proposed by a developer on the land
or the use that is permitted or permissible on the land under an adopted comprehensive plan.
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(15) “Local government” means any municipality.
(16) “Local planning agency” means the agency designated to prepare the comprehensive plan required by this subchapter.
(17) A “newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language
most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of
a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is
given away primarily to distribute advertising.
(18) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries
may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used
or developed as a unit.
(19) “Person” means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership,
association, 2 or more persons having a joint or common interest or any other legal entity.
(20) “Public facilities” means major capital improvements over which the County has jurisdiction.
(21) “Public notice” or “due public notice” as used in connection with the phrase “public hearing,” “hearing to be held after due public
notice” or “public meeting” means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper
of general circulation in the area.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 2, 3; 71 Del. Laws, c. 401, § 15; 73 Del. Laws, c. 329, § 48.)
§ 2653 Scope of subchapter.
(a) The County shall have power and responsibility:
(1) To plan for their future development and growth.
(2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth.
(3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements
thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide
and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of
development rights from identified residential and nonresidential districts, zones or parcels of land to residential and nonresidential
districts, zones, parcels or areas designated to receive such development rights; provided that such receiving districts, zones or areas
are within the same planning district as defined by the county. Such regulations may provide for the establishment of development
right banking. Whenever a county exercises its authority to provide for the transfer of development rights it shall:
a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;
b. Provide for the transfer of development rights as an option to the use and development of the subject property according to
the otherwise applicable zoning ordinance;
c. Limit designation of receiving areas to locations where the county has determined that growth should be encouraged and where
a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the
area to accommodate such growth; and
d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion
of the policies expressed by the comprehensive plan and statewide planning goals and objectives established pursuant to Chapter
91 of Title 29.
e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development
rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of
development rights between counties and municipalities.
(4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this
subchapter.
(b) Each County Council shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its
existing comprehensive plan to conform to the requirements of this subchapter.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 4; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 122, §§ 1, 2.)
§ 2654 Areas under this subchapter.
A county shall exercise authority under this subchapter for the total unincorporated area under its jurisdiction.
(66 Del. Laws, c. 207, § 1.)
§ 2655 Local planning agency.
(a) The governing body of each County Council shall designate and by ordinance establish a “local planning agency.” The governing
body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare the
comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such plan
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or element or portion thereof. The agency may be a local planning commission, the Department of Land Use of the County Council or
other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided
the composition of the council is fairly representative of all the governing bodies in the County.
(b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the
local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities
authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal
practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants,
state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved.
(c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically,
the local planning agency shall:
(1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption
of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and
prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the
proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to
prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption
of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed
plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing
county procedures, or absent such procedures, shall be the responsibility of the local planning agency.
(2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to
the governing body as to the consistency of the proposal with the adopted comprehensive plan.
(3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.
(66 Del. Laws, c. 207, § 1; 71 Del. Laws, c. 401, §§ 15, 85.)
§ 2656 Required and optional elements of comprehensive plan; studies and surveys.
(a) The comprehensive plan shall consist of materials in such descriptive form, either written or graphic, as may be appropriate to the
prescription of principles, guidelines and standards for the orderly and balanced future economic, social, physical, environmental and
fiscal development of the area.
(b) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planning process.
(c) A capital improvements plan covering at least a 5-year period shall be developed in accordance with the adoption of, and be
consistent with, the comprehensive plan. The capital improvements plan shall be designed to consider the need for and the location of
public facilities in order to encourage the efficient utilization of such facilities and set forth:
(1) Principles for construction, extension or increase in capacity of public facilities, as well as principles for correcting existing
public facility deficiencies, which are necessary to implement the comprehensive plan.
(2) Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities and
projected revenue sources to fund the facilities.
(3) Standards to ensure the availability of public facilities and the adequacy of those facilities.
(4) To the extent provisions of the capital improvements plan anticipate State financial assistance, involvement or cooperation, such
provisions shall be developed in conjunction with the state capital improvement plan and annual capital budget.
(d) The capital improvements plan shall be reviewed on an annual basis and modified as necessary. Corrections, updates and
modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the plan, or
the date of construction of any facility enumerated in the capital improvements plan may be accomplished by ordinance and shall not
be deemed to be amendments to the local comprehensive plan. All proposed improvements to public facilities shall be consistent with
the capital improvements plan.
(e) Coordination of the comprehensive plan with the comprehensive plans of municipalities within the County, adjacent counties and
applicable state regulations and policy shall be an objective of the comprehensive planning process. To that end, in the preparation of a
comprehensive plan or element thereof, and in the comprehensive plan or element as adopted, the planning agency shall include a specific
policy statement or coordinated mapping element indicating the relationship of the proposed development of the area to the comprehensive
plans of municipalities within the County, adjacent counties and applicable state regulations and policy as the case may require. Such
policy statement or coordinated mapping element shall specifically identify the coordination process undertaken and the official action
taken by affected municipalities regarding the county comprehensive plan. Such statement or element shall also set forth the procedures
to be followed to ensure continuing coordination with municipalities, regional agencies and the State. In addition, the comprehensive
plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and
consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter.
(f) The comprehensive plan and its elements shall contain policy recommendations for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
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(1) A future land use plan element designating proposed future general distribution, location and extent of the uses of land for such
activities as residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds,
other public facilities and other categories of the public and private uses of land. The plan shall include standards to be followed in the
control and distribution of population densities and building and structure intensities. The proposed distribution, location and extent
of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies
and measurable objectives. Each land use category shall be defined in terms of the types of uses included and standards for the density
or intensity of use. The future land use plan shall be based upon surveys, studies and data regarding the area, including the amount
of land required to accommodate anticipated growth, the projected population of the area, the character of undeveloped land and the
availability of public services. The future land use plan may designate areas for future planned development use involving combinations
of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the
comprehensive plan and this subchapter. The land use maps or map series shall generally identify and depict historic district boundaries
and shall designate historically significant properties meriting protection. Population, demographic, environmental and economic data
and projections used to determine present conditions, future land use and public facility requirements shall be developed in conjunction
with the State and municipalities, and shall, as a minimum, consistent with projections officially adopted by the Delaware Population
Consortium. The sources and assumptions used to develop such projections shall be clearly identified.
(2) A mobility element which is consistent with the approved Area-wide Transportation Plan and has been developed in
conjunction with the Department of Transportation. The mobility element shall provide a balanced transportation system addressing
the movement of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, rail facilities, terminals
and related facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable
transportation choices for future transportation needs. The mobility element shall be consistent with the State Implementation Plan
(SIP) for air quality attainment.
(3) A water and sewer element correlated to principles and guidelines for future land use, indicating ways to provide for future potable
water, and wastewater disposal for the area. County Council, in conjunction with the State, shall assess their current, as well as projected,
water needs and sources. The element shall describe the problems and needs and the general facilities that will be required for solution
of the problems and needs. The water and sewer element shall be developed in consultation with and reviewed by the Department of
Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and
shall be consistent with approved area-wide wastewater treatment Plans.
(4) A conservation element for the conservation, use and protection of natural resources in the area and which results in the
identification of these resources. At a minimum, the element shall consist of such natural area classifications as wetlands, wood uplands,
habitat areas, geological areas, hydrological areas, floodplains, aquifer recharge areas, ocean beaches, soils and slopes. The land use
map or map series contained in the future land use element shall generally identify and depict natural areas classifications, such as
those enumerated in this section. The land uses identified on said maps shall be consistent with applicable state laws and regulations.
Identification and depiction of the above shall be based on the best topographic maps and other information available from state and
federal agencies or other sources that the County deems appropriate. The conservation element shall also consider areas most suited for
agricultural uses, silvacultural uses and watershed protection. The conservation element shall be developed in consultation with and
reviewed by the Department of Agriculture and the Department of Natural Resources and Environmental Control.
(5) A recreation and open space element indicating a comprehensive system of public and private sites for recreation including,
but not limited to, nature preserves, parks and playgrounds, parkways, water bodies including beaches and public access to beaches,
open spaces and other recreational facilities. A county recreation and open space plan is acceptable in lieu of a recreation and open
space element. The recreation and open space element shall be consistent with the comprehensive land use plan. The element shall be
developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control and shall reflect the
State’s open space preservation and outdoor recreation planning activities.
(6) A housing element that is consistent with county housing plans, standards and principles. Such housing plans shall be in
accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include
the following:
a. The provision of housing for existing residents and the anticipated growth of the area.
b. The elimination of substandard dwelling conditions.
c. The structural and aesthetic improvement of existing housing.
d. The provision of adequate sites for future housing, including housing for low-income and moderate-income families, group
home facilities and foster care facilities, with supporting infrastructure and public facilities.
e. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation,
rehabilitation or replacement.
f. The formulation of housing implementation programs.
g. Demonstrated coordination with the State Housing Authority including, but not limited to, guidelines to insure that sites for
publicly assisted housing are located where adequate transportation opportunities, health and social services and other community
services are available.
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(7) An intergovernmental coordination element of the comprehensive plan shall demonstrate consideration of the particular effects
of the plan, when adopted, upon the development of municipalities within the County, adjacent counties or on the applicable state
regulations.
(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may
consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open
space locations and similar matters. To that end, such recommendations may be made available as aids and guides to developers in
the future planning and development of land in the area.
(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical,
archaeological, architectural or similar significance. The historical preservation element shall be developed in consultation with and
reviewed by the Division of Historical and Cultural Affairs of the Department of State.
(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if
any, and the employment and personnel utilization within the area. The element may detail the type of commercial and industrial
development sought while correlating the present and projected employment needs of the area to other elements of the plan and may
set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include
a general area redevelopment component consisting of plans, criteria and programs for community redevelopment, including reuse of
housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities and other locations.
The economic development element shall be developed in consultation with and reviewed by the Division of Small Business.
(h) The comprehensive plan may include such other elements as may be peculiar to and/or necessary for the area concerned and as are
added by the governing body upon the recommendation of the local planning agency.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 270, §§ 5-15; 71 Del. Laws, c. 401, § 15; 74 Del. Laws, c.
186, § 3; 78 Del. Laws, c. 92, § 1; 81 Del. Laws, c. 49, § 11; 81 Del. Laws, c. 374, § 40.)
§ 2657 State responsibilities to local planning agencies.
(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide
to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive
plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of
the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available
to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be
relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply
the necessary data and information to implement that requirement, except when such data or information is currently available or readily
accessible to the County within budgetary limitations.
(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning
process, State land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities,
the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic
development strategies and any other information which might reasonably influence the county’s future land use decisions. The State
shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure
impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable
the county to prepare the plan elements required by § 2656 of this title and to clearly set forth the criteria the State will use to review such
elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation
of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public
facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings.
Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities
are located in a manner which are consistent with state and county development goals.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 15, 16; 74 Del. Laws, c. 186, § 4; 78 Del. Laws, c. 92, § 2.)
§ 2658 Evaluation and appraisal of comprehensive plan.
(a) The comprehensive plan or amendments or revisions thereto shall be submitted to the Governor or designee at such time as the plan
is made available for public review. The County shall provide sufficient copies for review by the Cabinet Committee on State Planning
Issues. Within 30 days of plan submission, the Cabinet Committee on State Planning Issues shall conduct a public meeting, at which time
the County shall make a presentation of the plan and its underlying goals and development policies. Following the public meeting the
plan shall be subject to the state review and certification process set forth in § 9103 of Title 29.
(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or
development actions by the County where the County’s adopted comprehensive plan or portions thereof are determined to be substantially
inconsistent with state development policies.
(c) The planning programs shall be a continuous and ongoing process. The local planning agency shall prepare a report on the progress
of implementing the comprehensive plan, which shall be sent to the Office of State Planning Coordination each year after adoption of
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the comprehensive plan. The report shall be due annually no later than on each anniversary of the effective date of the most recently
adopted comprehensive plan or plan update until January 1, 2012, and annually no later than July 1 each year thereafter starting on July 1,
2012. The Cabinet Committee shall forward the report to the Office of State Planning Coordination, which will evaluate it in the context
of state goals, policies and strategies, and the plans of other jurisdictions. The Office of State Planning Coordination will integrate the
information, land use trends, and changing conditions found in the county’s report into the annual report of the Cabinet Committee, which
is to be prepared as specified in § 9101(d) of Title 29. It is the intent of this subchapter that periodic updates on amendments to and
the implementation of adopted comprehensive plans be communicated through the evaluation and appraisal reports to ascertain trends,
monitor implementation and foster ongoing coordination.
(d) The report shall present an assessment and evaluation of the success or failure of the comprehensive plan or element or portion
thereof, and shall contain appropriate statements (using words, maps, illustrations or other forms) related to:
(1) The major problems of development, physical deterioration and the location of land uses and the social and economic effects
of such uses in the area.
(2) The condition of each element in the comprehensive plan at the time of adoption and at date of report.
(3) The comprehensive plan objectives as compared with actual results at date of report.
(4) The extent to which unanticipated and unforeseen problems and opportunities occurred between date of adoption and date of
report.
(e) The report shall include reformulated objectives, policies and standards in the comprehensive plan or elements or portions thereof.
(f) The Cabinet Committee may prescribe a format and guidelines for the preparation of the County’s report. Should the Cabinet
Committee elect to do so, the Office of State Planning Coordination shall assist the Committee in the development and administration
of such guidelines.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 15, 17-19; 73 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 186, §§ 3-6; 78 Del.
Laws, c. 92, §§ 3-6.)
§ 2659 Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by County Council in conformity with this subchapter,
the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no
development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with land
development regulations enacted to implement the other elements of the adopted comprehensive plan.
(b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development,
development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when
full compliance with this subchapter is required.
(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a
comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing
at the time of such application. All subdivision or land development applications heretofore or hereafter filed or submitted to New Castle
County that do not receive final approval from New Castle County government within 5 years from the date of application shall be subject
to the environmental standards contained in Chapter 40, Articles 5 and 10, of the New Castle County Code, as may be amended, and the
traffic impact standards contained in Chapter 40, Articles 5 and 11, of the New Castle County Code, as may be amended. This section shall
not be construed to extend any time limitations pertaining to the expiration of subdivision or land development applications contained
in the New Castle County Code.
(d) All development permits and development orders heretofore or hereafter validly issued or approved by County Council and
not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future
comprehensive plans.
(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply
herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously
issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance
was determined.
(f) The County Council may by ordinance provide for the sunsetting of any subdivision or land development plan approvals heretofore
or hereafter approved by County Council. However, no such plans shall be subject to sunsetting within the first 5 years of approval of
such plans by County Council or the first 5 years after adoption of the County sunsetting ordinance, whichever is later.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 15; 71 Del. Laws, c. 400, §§ 3, 4; 71 Del. Laws, c. 401, §§ 15, 87; 73 Del.
Laws, c. 33, § 1.)
§ 2660 County comprehensive plan.
(a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than
5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding
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a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The
decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee.
Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive
plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter.
(b) Once the County Council shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without
a simple majority of the entire membership thereof voting to do so.
(c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision
and development controls. The County shall report the status of the implementation program in the monitoring report as required by this
subchapter. This report should include progress to date, problems, issues and opportunities.
(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee
on State Planning Issues for review and certification pursuant to § 9103 of Title 29.
(e) Within 18 months of the date of adoption of the county comprehensive plan or revisions thereof, New Castle County shall amend
its official zoning map or maps to rezone all lands in accordance with the uses and intensities of uses provided for in the future land
use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular
planning districts or sub-areas of the County, the County’s zoning district regulations shall be amended to reflect the timing elements
of the comprehensive plan.
(66 Del. Laws, c. 216, § 1; 70 Del. Laws, c. 270, §§ 15, 20, 21; 71 Del. Laws, c. 401, § 15; 73 Del. Laws, c. 186, § 2; 74 Del.
Laws, c. 186, §§ 3, 7; 78 Del. Laws, c. 92, §§ 7, 8; 78 Del. Laws, c. 129, § 1.)
§ 2661 Information from state and local agencies and school districts.
(a) All subdivision plans approved by the County Council shall be filed with the Office of the Recorder of Deeds, and with such other
state and local agencies as the County may by ordinance require.
(b) As part of its review of a rezoning or subdivision application, the County Council through its designated local planning agency shall
request and review information from all state and local agencies and local school districts identified on a list prepared by the County and
shall file as part of the record any written information provided by such state and local agencies or local school districts with respect to
the rezoning or subdivision application. If the planning agency makes recommendations that are in conflict with the information supplied
by state and local agencies or local school districts, it must explain its reasons for doing so in writing.
(c) (1) This section shall apply only to residential development. Prior to recording a major record subdivision plan, as defined by New
Castle County, the applicant shall provide certification to the Department of Land Use from the Secretary of the Department of Education
after consultation with the superintendent of the appropriate individual school district that the school district has adequate capacity for
the proposed development. The Secretary shall respond to any request for certification or Voluntary School Assessments within 60 days’
receipt of a completed request for such certification. That certification shall include the following information:
a. Existing classrooms and service levels based upon the Delaware Department of Education Delaware School Construction
Manual, September 19, 1996, as may be amended or supplemented from time to time, or based upon other standards accepted as
accurate by the Secretary of the Department of Education; and
b. Capacity calculations, which shall include the current student population, increased demand resulting from prior certifications
from the Department of Education, and the increased demand that will result from the proposed development. The Department of
Land Use shall within 20 days provide the Department of Education with all necessary information regarding the number and type
of dwelling units proposed and other information which the Secretary may request.
This subsection shall apply to all new residential major subdivision plans submitted pursuant to the New Castle County Unified
Development Code adopted December 31, 1997, as may be amended.
(2) Notwithstanding the foregoing provisions of this subsection, no certificate of adequate school capacity shall be required where
either: (i) the residential development is restricted by recorded covenants to provide housing or shelter predominantly for individuals
55 years of age or older pursuant to the Federal Fair Housing Act [42 U.S.C. § 3601 et seq.]; (ii) the residential development is for
low income housing, which, for purposes of this section, shall be defined to mean any housing financed by a loan or mortgage that is
insured or held by the Secretary of HUD or the Delaware State Housing Authority or which is developed by a nonprofit corporation
certified under § 501(c)(3) of the United States Internal Revenue Code [26 U.S.C. § 501(c)(3)]; or (iii) the applicant has pledged, in
a writing recorded and running with the subject property, to pay a Voluntary School Assessment in an amount determined pursuant to
§ 103(c) of Title 14, for each lot for which the applicant would otherwise be required to obtain a certificate.
(3) Voluntary School Assessments will be calculated on a per unit basis as of the time of the issuance of the first building permit,
and the assessment shall remain constant throughout the development of the subdivision (and shall not be increased for any reason,
including but not limited to any resubdivision); provided, however, that after 5 years the Voluntary School Assessment amount may
be recalculated. Any Voluntary School Assessments paid under this subsection shall be paid to the Department of Education at the
time that a certificate of occupancy is obtained for each unit, and shall be deposited by the Department into an interest-bearing account
as set forth below. With the approval of the Secretary, after consultation with the superintendent of the affected school district, an
applicant may receive a credit against voluntary assessments to be paid in an amount equal to the fair market value of any lands or
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properties set aside by the applicant and deeded to the school district for school uses. Any such lands shall not be used for nonschool
purposes, other than as parkland or open space. All voluntary assessments paid shall be held in an interest-bearing account by the State
for the school district in which the applicant’s project is located until such time as the school district engages in construction activities
that increase school capacity, at which time such assessments shall be released to the school district by the State in the amount of
the Voluntary School Assessments paid into an interest-bearing account for such district. It is the intent of this section that lands or
properties required to be conveyed by the applicant to New Castle County as a condition to subdivision approval shall not be eligible to
be used for purposes of obtaining a credit against the voluntary school assessment notwithstanding the fact that such lands or properties
may subsequently be conveyed by the county to a school district.
(4) To the extent New Castle County has adopted (or in the future attempts to adopt) any regulations or ordinances linking or tying
residential development to school capacity, or otherwise restricting residential development in the absence of school capacity, such
regulations and ordinances are hereby preempted and of no force and effect.
(66 Del. Laws, Sp. Sess., c. 198, § 1; 70 Del. Laws, c. 270, § 15; 71 Del. Laws, c. 401, § 15; 72 Del. Laws, c. 237, § 1; 73 Del.
Laws, c. 350, § 108; 74 Del. Laws, c. 308, § 151(a), (b).)
§ 2662 Highway capacity.
The County Council shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request”) without
first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in
paragraphs (2)a. through (2)c. of this section:
(1) a. As soon as possible, but in any event no later than June 30, 1988, the County Council, through its designated planning
agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of
Transportation of the effects on traffic of each rezoning application.
b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with County
procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation.
c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part
of the zoning reclassification process within the County.
d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally
recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding
a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning
reclassification is sought.
(2) a. The County Council, through its local planning agency, shall establish an agreement with the Department of Transportation to
designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2.
b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this
section and public comment must be permitted at the public hearing.
c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at
least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.
(66 Del. Laws, c. 217, § 1; 70 Del. Laws, c. 270, § 15; 71 Del. Laws, c. 401, § 15; 80 Del. Laws, c. 224, § 2.)
Subchapter III
Citizens Bill of Rights Act
§ 2699 Court review of land use actions; limitations on liability of individuals and associations.
Any individual or association of individuals that challenges or opposes a zoning, subdivision or other land use application, and seeks
judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the
judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court.
(66 Del. Laws, Sp. Sess., c. 200, § 1.)
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Part II
New Castle County
Chapter 27
School Crossing Guards [Repealed]
§§ 2701-2704 Establishment of school crossing guard unit for New Castle County; duties; compensation;
uniform; coordination with school boards; levy and collection of tax [Repealed].
Repealed by 71 Del. Laws, c. 401, § 88, effective July 13, 1998.
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Title 9 - Counties
Part II
New Castle County
Chapter 28
Water Supply
§ 2801 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “County” means New Castle County.
(2) “Water supply system” means the plants, structures and other real and personal property, including specifically dams, wells
and pipelines, acquired, constructed or operated, or to be acquired, constructed or operated for the collection, storage and wholesale
distribution of water for ultimate domestic, commercial and industrial use.
(3) “Water treatment and distribution system” means the plants, structures and other real and personal property acquired, constructed
or to be acquired, constructed or operated for the treatment and retail distribution of water for domestic, commercial and industrial use.
(4) “Excess water” means the portion of the flow of the water in White Clay Creek which exceeds the low flow of record thereof
which shall be determined by the County Council by standard accepted hydrological methods.
(9 Del. C. 1953, § 2801; 54 Del. Laws, c. 233; 71 Del. Laws, c. 401, § 15.)
§ 2802 Powers of County.
In addition to the other powers which it has, the County may, under this chapter:
(1) Plan, construct, acquire by gift, or purchase any water supply system in the White Clay Creek Watershed, and acquire by gift,
purchase or the exercise of eminent domain lands or rights in land in connection therewith;
(2) Plan and construct White Clay Creek Water Supply System, including a dam, reservoir and other structures on White Clay Creek
above Newark extending into the Commonwealth of Pennsylvania and in connection therewith to acquire by gift or purchase (for
money or other considerations), or a combination thereof in the Commonwealth of Pennsylvania and by gift, purchase (for money or
other considerations), eminent domain, or a combination thereof in New Castle County, lands or rights in lands;
(3) Plan for and relocate or pay for the planning and relocation of existing roads, bridges, power lines, water mains, telephone lines,
sewers and other utilities located within the aforementioned water supply system site which relocation is required by the exercise of
the powers in paragraphs (1) and (2) of this section;
(4) Protect, relocate or pay for the protection or relocation of privately owned facilities such as dwellings, buildings, churches,
cemeteries, private drives and private water systems and appurtenances located within or immediately adjacent to the site of such water
supply system as part of the cost of acquiring land or rights in land whenever the County Council shall determine that such protection
or relocation shall be economically justified or in the case of churches, historical buildings, and cemeteries, such relocation shall be
in the public interest;
(5) Operate and maintain such water supply system and furnish the services and facilities available therefrom;
(6) Enter into and perform contracts deemed appropriate by the County Council with any public utility company or with any
incorporated city or town operating a water treatment and distribution system providing for the use of water from such County water
supply system or systems and for the payment to the County of fees for the use or for the availability of use of such water;
(7) Issue bonds to finance in whole or in part the cost of planning, acquisition, purchase, construction, reconstruction, improvement,
betterment or extension of any such water supply system; and accept from the State, or the Commonwealth of Pennsylvania, the
Delaware River Basin Commission, the federal government or any authorized agency of any of the above, any incorporated town or
other local governmental agency or from persons, firms, or corporations, grants, loans or contributions for the planning, construction,
acquisition, reconstruction, improvement or extension of any such water supply system and to enter into agreements with such parties
with respect to such grants, loans or contributions;
(8) Make payments of taxes or in lieu of taxes levied by townships, counties, or other governmental bodies upon land and
improvements owned in the Commonwealth of Pennsylvania, and enter into agreements with respect to said taxes or payments;
(9) Control and distribute within New Castle County the excess water collected or stored in any reservoir on White Clay Creek
forming a part of any such County water supply system by releasing it into any stream, river, pond, lake, or water treatment and
distribution system and prohibit or permit the use of excess water for such uses, in such amounts, and subject to such rules, regulations
and fees as the County Council may from time to time determine; provided however, that the County at no time shall prevent the free
flow in White Clay Creek of any and all water which is not excess water unless the right to appropriate, divert or use such nonexcess
water shall have been previously legally acquired from the parties entitled thereto by the County. The fees may be based upon such use
or uses or upon any combination thereof and the County Council may enter into contracts with municipalities, public water distributing
utilities and industries with respect to said rights and fees;
(10) Sell any land acquired under this chapter which the County Council shall at any time determine to be surplus to its needs. Such
sale shall be in accordance with § 1521 of this title whether said land is located in this State or in the Commonwealth of Pennsylvania,
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except that land acquired for the relocation of utilities, facilities or improvements may be conveyed upon such terms, in such way and
manner and subject to such conditions and restrictions, if any, as the County may deem fit, to the appropriate governmental agency
or persons, firms or corporations;
(11) Exercise full control of and make rules and regulations for access to and use of lands included as part of any water supply system.
(9 Del. C. 1953, § 2802; 54 Del. Laws, c. 233; 71 Del. Laws, c. 401, § 15.)
§ 2803 Costs; authorization, amount, terms, sale, interest rate, etc., of bonds.
(a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any water supply system
to be used in connection with the White Clay Creek Watershed, including costs of land, rights in lands and relocation of utilities and other
improvements may be authorized under this chapter and bonds to provide funds for such purposes, may be authorized to be issued under
this chapter by resolution of the County Council.
(b) The County Council in determining the costs of acquiring or constructing any such water supply system may include all costs and
estimated costs of the issuance of the bonds, all planning, engineering, inspection, fiscal and legal expenses, and interest or estimated
interest upon the bonds or other money borrowed pursuant to this chapter during the planning and construction period and for 6 months
after completion.
(c) The bonds shall bear interest at such rates, may be in 1 or more series or issues, may bear such dates, may mature at such time,
not exceeding 40 years from their respective dates of issue, may be payable in such medium of payment, at such place or places, may
carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms,
covenants and conditions, and may be in such form, either coupon or registered, as the resolution or subsequent resolutions provide.
Debt incurred by the County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council
which may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter,
and the County Council by resolution may determine, or it may delegate authority to the County Executive to determine, all procedures
appropriate to the establishment of a system of issuing uncertificated debt.
(d) The bonds shall be sold at public sale upon sealed proposals after at least 10 days’ notice published at least once in a newspaper
published in the City of Wilmington at such price and upon such terms as the County Council may prescribe; provided, that the County
Council may authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and regulations
as it may prescribe.
(e) Pending the preparation of the definitive bonds, interim receipts or certificates in such forms and with such provisions as the County
Council determines may be issued to the purchasers of bonds sold pursuant to this chapter.
(f) The rate of interest may be determined in advance of sale or the bonds may be offered for sale at a rate of interest to be fixed by
the successful bidder for such bonds.
(g) The County Council may advance funds for planning, engineering, acquisition of land, etc., from other funds of the County to be
reimbursed from time to time by sale of water supply bonds.
(9 Del. C. 1953, § 2803; 54 Del. Laws, c. 233; 64 Del. Laws, c. 318, §§ 12, 13; 71 Del. Laws, c. 401, § 15.)
§ 2804 Authorized signatures on bonds, validity of issuance.
(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations
notwithstanding that before delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased
to be officers of the County.
(b) The validity of the bonds shall not be dependent on, nor affected by the validity or regularity of any proceedings relating to the
planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of the water supply system for which
the bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant
to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
(9 Del. C. 1953, § 2804; 54 Del. Laws, c. 233.)
§ 2805 Payment of bonds; faith and credit of County; tax levy.
The faith and credit of the County are pledged to the payment of any bonds issued under this chapter. The County Council shall,
annually, appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and interest as the
same becomes due and payable. Notwithstanding the provisions of any other law, the County Council may levy an ad valorem tax, without
limitation as to the rate or amount upon all property taxable by the County to raise the moneys necessary to meet any such appropriation.
(9 Del. C. 1953, § 2805; 54 Del. Laws, c. 233; 71 Del. Laws, c. 401, § 15.)
§ 2806 Fees; contracts for use of water.
(a) The County Council may establish and from time to time revise fees. The fees may be based upon the right to use a specified amount
of water, or upon its actual use or upon any combination thereof. It shall be the policy in determining fees to be charged or provided for in
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contracts entered into under this chapter to collect sufficient moneys to pay the principal and interest of all bonds issued hereunder plus
the cost of operation, maintenance and administration of the water supply system. Upon retirement of all bonds the rates shall be revised
consistent with the reduced costs. The fees charged shall be fees which shall be determined by the County Council to be equitable, giving
full consideration to values, such as lands or other rights granted to the County.
(b) The County Council may enter into long-term contracts for the rights to use such water. Such contracts may provide equitable
means for the voluntary sale of such rights and, in the case of rights for which the contractor does not have plant facilities to use, their
involuntary sale upon order of the County Council to release such rights to parties prepared to use them.
(c) The County Council may, in contracting for such rights, establish emergency priorities in the use of such water.
(d) The County Council may establish discounts for prompt payment of fees and penalties not to exceed 1% a month for late payment.
The County Council shall provide that failure to pay such fees within a period not to exceed 1 year from the due date shall result in
cancellation of the contract. Unpaid fees shall constitute liens against the property of the contractor as of the date of cancellation of the
contract. The County Council may collect such fees by civil suit on the contract or by sale of the property for the lien.
(e) The fees established under this chapter shall not be subject to approval of the Public Service Commission.
(9 Del. C. 1953, § 2806; 54 Del. Laws, c. 233; 71 Del. Laws, c. 401, § 15.)
§ 2807 Condemnation under right of eminent domain.
(a) The County Council may acquire real and personal property or rights therein by condemnation as provided in Chapter 61 of Title
10, for property located in the County, in the exercise of the powers provided under this chapter.
(b) The County Council may contract with the Delaware River Basin Commission, agencies of the Commonwealth of Pennsylvania
and local Pennsylvania governmental units having such powers, to acquire by condemnation real and personal properties or rights therein
as may be required under this chapter in the Commonwealth of Pennsylvania for the purposes of this chapter, and may compensate the
Commission, Commonwealth, or local unit for the cost of acquisition.
(9 Del. C. 1953, § 2807; 54 Del. Laws, c. 233; 71 Del. Laws, c. 401, § 15.)
§ 2808 Title of property.
(a) Property in this State acquired by the County for the purpose of this chapter shall be held in the name of the “State of Delaware
for the use of New Castle County.”
(b) Property outside of this State acquired by the County for the purposes of this chapter shall be held in the name of “The County
Council of New Castle County, Delaware.”
(9 Del. C. 1953, § 2808; 54 Del. Laws, c. 233; 71 Del. Laws, c. 401, § 15.)
§ 2809 Penalties; enforcement.
(a) Any violation of the rules and regulations established under this chapter shall be punished by a fine of not less than $25 nor more
than $100. Each day of a continuing violation shall be a separate offense.
(b) In addition to the above remedy, the County may apply to the Court of Chancery for injunctive relief to prevent continuation of
such violations.
(c) In the case of violation of contracts or agreements under this chapter, the County may sue for civil damages and also apply for
temporary or permanent injunctions to halt violations.
(9 Del. C. 1953, § 2809; 54 Del. Laws, c. 233.)
§ 2810 Authority of Delaware River Basin Commission.
Nothing in this chapter shall be construed to reduce the power and authority of the Delaware River Basin Commission.
(9 Del. C. 1953, § 2811; 54 Del. Laws, c. 233.)
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Title 9 - Counties
Part II
New Castle County
Chapter 29
Property Maintenance
§ 2901 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “Administrative tribunal” shall mean a show cause hearing before the Code Official for New Castle County.
(2) “Building” shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. The word
“building” shall be construed to include parts thereof and all equipment therein.
(3) “County Council” shall mean the County Council for New Castle County.
(4) “Department of Land Use” shall mean the New Castle County Department of Land Use.
(5) “Person responsible” shall mean the owner and any other person or persons who have control over the property or are responsible
for the violation.
(6) “Property” shall mean a lot, plot or parcel of land, including any structures thereon.
(7) “Structure” shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed
to the land.
(75 Del. Laws, c. 212, § 6.)
§ 2902 Promulgation of property maintenance code.
The County Council, in order to provide for the health, safety and welfare of the citizens of New Castle County, shall promulgate
rules and regulations to be known as the New Castle County Property Maintenance Code, regulating and governing the condition and
maintenance of all property, structures and buildings to eliminate or prevent unsafe, unhealthy, unsanitary or substandard conditions. Said
rules and regulations shall provide standards for: the condition and maintenance of property, structures and buildings; supplied utilities,
facilities and other physical things and conditions essential to ensure that property, structures and buildings are safe, sanitary and fit
for occupation and use and do not adversely affect the welfare of the public; condemnation of structures and buildings unfit for human
occupancy and use; and, the demolition of structures and buildings unfit for human occupancy and use.
(75 Del. Laws, c. 212, § 6.)
§ 2903 Department of Land Use; administration and enforcement.
The Department of Land Use shall have the power and authority to administer and enforce all provisions of the New Castle County
Property Maintenance Code as promulgated by the County Council except as otherwise provided for by this chapter or by rule or regulation
adopted by County Council.
(75 Del. Laws, c. 212, § 6.)
§ 2904 Removal of weeds, grasses, refuse, rubbish, trash or other waste material.
No person shall permit weeds or grass to grow, or refuse, rubbish, trash or other waste material to be placed or to accumulate upon,
land or improved premises so as to create a nuisance detrimental to adjoining properties or the health or safety of other persons.
(9 Del. C. 1953, § 2901; 55 Del. Laws, c. 279; 71 Del. Laws, c. 401, § 15; 75 Del. Laws, c. 212, § 6.)
§ 2905 Fees.
The County Council may adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement
of the New Castle County Property Maintenance Code, including fees for the inspection and reinspection of properties for which a notice
of violation has been duly issued.
(75 Del. Laws, c. 212, § 6.)
§ 2906 Violation of regulations or chapter; notices and orders.
(a) For the purpose of enforcing compliance with the provisions of the New Castle Property Maintenance Code, and removing illegal,
unhealthy or unsafe conditions, the Department of Land Use shall issue such rules, notices or orders as may be necessary.
(b) Whenever the Department of Land Use is satisfied that a person responsible has committed an offense against the New Castle
Property Maintenance Code or other provision of the New Castle County Code that constitutes a threat to the public health, safety or
welfare, or of an order of the Department of Land Use, the Department of Land Use may serve a written notice or order upon the person
responsible, therefore, directing discontinuance of each illegal action and the remedying of the condition which is in violation of the
provisions, regulations or requirements as adopted by the County Council or by order of the Department of Land Use.
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(c) No person, having been served with such a notice or order, shall fail to comply with the requirements thereof within the time stated
therein or within 15 days if no time is provided, unless the Department of Land Use determines that such violation cannot be cured within
such time and clearly delineates additional time for compliance.
(75 Del. Laws, c. 212, § 6.)
§ 2907 Abatement; creation of tax lien.
(a) If after due notice, either actual or constructive, is given by the Department of Land Use to the person responsible for the property,
and where such person has had the opportunity to be heard by an administrative tribunal or a court of competent jurisdiction, such person
fails to comply with the notice or order and the illegal action or condition continues to exist, the Department of Land Use may cause such
violation to be removed, corrected, abated or otherwise made safe and sanitary. The Department of Land Use may incur any expense of
razing, demolishing, removing or repairing unsafe or illegal buildings and structures, and may incur any expense necessary or incidental
to abating violations of the New Castle Property Maintenance Code or other provisions of the New Castle County Code that constitute a
threat to the public health, safety or welfare or to provide for the sanitary condition, safety, or security of the property, structure or building.
(b) All expenses incurred by the Department of Land Use pursuant to this section shall be a tax lien on the parcel of real property
that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Department of
Land Use, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to New
Castle County, when collected.
(c) Any unpaid fine or civil penalty associated with violation of the New Castle Property Maintenance Code or any other provision of
the New Castle County Code that provides for the sanitary condition, safety, or security of a property, structure or building, such fine or
civil penalty being final and non-appealable, may be added to local property tax billings for the property which was the subject of said
notice or order and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected.
(d) New Castle County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Land
Use for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings
pursuant to a writ of monition.
(75 Del. Laws, c. 212, § 6; 81 Del. Laws, c. 162, § 1.)
§ 2908 Penalties.
The person responsible for a building, structure, or premises, where anything is in violation of this chapter or the rules or requirements
as promulgated by the County Council, or in violation of any permit, certificate, detailed statement or plan accepted or approved by the
Department of Land Use, or in violation of an order of the Department of Land Use, shall be fined in accordance with a schedule of fees
and penalties to be established by the County Council. The maximum fine per violation shall not exceed the provisions found in § 5917
of Title 11. Each and every day such violation continues shall constitute a separate offense.
(9 Del. C. 1953, § 2902; 55 Del. Laws, c. 279; 71 Del. Laws, c. 401, § 15; 75 Del. Laws, c. 212, § 6.)
§ 2909 Additional remedies.
The imposition of the penalties or enforcement prescribed in this chapter or by the rules or requirements as promulgated by the county
council shall not preclude the Attorney General, county attorney or code enforcement constable from instituting appropriate actions or
proceedings to prevent, enjoin or abate any continuing violation of this chapter.
(75 Del. Laws, c. 212, § 6.)
§ 2910 Exceptions.
This chapter shall not apply to properties, buildings or structures located within any incorporated city or town in New Castle County
unless the responsibility for the local service function has been duly transferred to New Castle County.
(75 Del. Laws, c. 212, § 6.)
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Title 9 - Counties
Part II
New Castle County
Chapter 30
Subdivision and Land Development
§ 3001 Definitions.
As used in this chapter, unless otherwise expressly stated:
(1) “Commission” means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department
of Land Use in all other sections.
(2) “County” means New Castle County.
(3) “District” means Regional Planning District of New Castle County, which comprises all that portion of the County not included
within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the
governing body or authority of any such city or town.
(4) “Plan” means the map, plat, or other document verbally or graphically illustrating or describing a plan of subdivision or land
development.
(5) “Recorder of Deeds” means Recorder of Deeds in and for New Castle County.
(6) “Regulations” means land subdivision regulations.
(7) “Structure” means any man-made object having an ascertainable stationary location on land or in water, whether or not affixed
to the land.
(8) “Subdivide” means the subdivision of land as defined in paragraph (10) of this section, or any act directed toward the present
or future subdivision of land.
(9) “Subdivider” means any person, or agent thereof, who undertakes the subdivision of land; or any successor to the rights of said
person in said land.
(10) “Subdivision” means:
a. The division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plan or plat or a description
by metes and bounds, into 2 or more lots, tracts, parcels or other divisions of land, for the purpose, whether immediate or future, of
lease, of the transfer of ownership or of building development, exempting, however, the division of land for agricultural purposes
into parcels of more than 10 acres not involving any new streets or easements of access, divisions of property by testamentary or
intestate provisions, or divisions of property upon court order;
b. The division or allocation of land for the opening, widening or extension of any street or streets, or the division or allocation
of land as open spaces for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance
of public sewer, water supply, storm drainage or other public facilities.
(9 Del. C. 1953, § 3001; 55 Del. Laws, c. 49; 60 Del. Laws, c. 468, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 89.)
§ 3002 Power to regulate.
In order to provide for the orderly growth and development of the County, to promote the health, safety, prosperity, and the general
welfare of the present and future inhabitants of the County, to insure the conservation of property values and natural resources, including
the protection of the County’s agricultural lands, water resources, and industrial potential, and to afford adequate provisions for public
utilities, water supply, drainage, sanitation, vehicular access, educational and recreational facilities, parkland and open space, among
other and related activities, the Commission may regulate the subdivision of all land in the County not within the corporate limits of
any city or town.
(9 Del. C. 1953, § 3002; 55 Del. Laws, c. 49.)
§ 3003 Land subdivision regulations.
In order to carry out the provisions of this chapter, the Commission shall adopt and administer regulations in accordance with the
following procedures:
(1) Within 1 year from May 4, 1965, the Commission shall propose regulations pursuant to the purposes specified in this chapter,
and shall hold at least 1 public meeting, notice of which shall have been given by publication at least 15 days before said meeting in
a newspaper of general circulation in the County. Copies of the proposed regulations shall be available to the public without charge at
a place or places stated in said notice. Within 120 days after said meeting, the Commission may adopt the regulations as proposed or
may make any amendment, change or addition thereto, except that prior to the adoption thereof the same procedures shall be followed;
(2) Prior to the adoption by the Commission of any subsequent amendment, change or addition to said regulations, the same
procedures shall be followed;
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(3) No regulation adopted by the Commission shall become effective unless and until approved by the County Council.
(9 Del. C. 1953, § 3003; 55 Del. Laws, c. 49; 71 Del. Laws, c. 401, § 15.)
§ 3004 Content of land subdivision regulations.
Any regulations adopted and approved under this chapter shall include, but not be limited to, the following provisions:
(1) Varying procedures for insuring the processing of land subdivision plans, within a reasonable period of time, relative to the
number of lots or parcels and the extent of improvements required;
(2) Procedures for insuring that the arrangement of the lots or parcels of land or improvements thereon shall conform to the existing
zoning at the time of recordation and that streets, or rights-of-way, bordering or within subdivided land shall be of such widths and
grades and in such locations as may be deemed necessary to accommodate prospective traffic, that adequate easements or rights-ofway shall be provided for drainage and utilities, that reservations of areas designed for their use as public grounds shall be of suitable
size and location for their designated uses, that sufficient and suitable monuments shall be required, that land which might constitute a
menace to safety, health or general welfare shall be made safe for the purpose for which it is subdivided, and that adequate provision
for water supply is made;
(3) Procedures for encouraging and promoting flexibility and ingenuity in the layout and design of subdivisions and land
development, and for encouraging practices which are in accordance with contemporary and evolving principles of site planning and
development.
(9 Del. C. 1953, § 3004; 55 Del. Laws, c. 49.)
§ 3005 Issuance of building and occupancy permits [Repealed].
Repealed by 75 Del. Laws, c. 85, § 4, effective June 30, 2005.
§ 3006 Selling before approval; penalty; civil suits.
(a) No street, sanitary sewer, storm sewer, water main, or other improvements shall be constructed, opened, or dedicated for public use
or for the common use of occupants of buildings abutting thereon, and no part of any land which has been subdivided after the adoption
of regulations under this chapter, shall be sold, transferred or conveyed, except pursuant to an approval received for the land subdivision
in accordance with the regulations adopted under this chapter.
(b) Whoever violates subsection (a) of this section shall upon conviction thereof be fined not more than $200 or imprisoned not more
than 30 days, or both. Each lot or parcel so transferred or sold and each improvement so constructed, opened or dedicated shall be deemed
a separate violation, and each and every day during which such violation continues shall be deemed a separate violation. The Superior
Court shall have exclusive jurisdiction of offenses under this section.
(c) The County Council, or any owner of real estate affected by such violation, may, in addition to utilizing other remedies provided
by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or otherwise correct such
violation.
(9 Del. C. 1953, § 3006; 55 Del. Laws, c. 49; 71 Del. Laws, c. 401, § 15.)
§ 3007 Recording unapproved plans; penalty.
(a) The Recorder of Deeds within the County shall not receive for filing any plan of land showing an arrangement of lots or parcels
of lands, streets, easements or rights-of-way unless and until said plan shall have been submitted to, and approved by, the Commission
and the County Council pursuant to the regulations adopted under this chapter, and until each such approval shall have been endorsed in
writing on said plan by the Chairperson or the Executive Director of the Commission and the County Council by the President.
(b) Any plan received by the Recorder of Deeds for filing or recording without the approval of the Commission and the County Council
endorsed thereon, shall be null and void and without legal effect and shall upon application of the Commission or the County Council,
to the Superior Court, be expunged from the records of the Recorder of Deeds.
(c) Whoever causes any plan to be filed or recorded contrary to the provisions of this chapter shall be fined not less than $100 and not
more than $500. The Superior Court shall have exclusive original jurisdiction of offenses under this section.
(9 Del. C. 1953, § 3007; 55 Del. Laws, c. 49; 60 Del. Laws, c. 468, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 401, § 15.)
§ 3008 Improvements private until dedicated.
The approval of a plan by the Commission and by the County Council shall, when recorded, be deemed and taken as acceptance of
the intended dedication of the streets, grounds or other improvements appearing thereon to the public use by appropriate governmental
body or agency. The approval of a plan shall not impose any duty or obligation upon the County Council or any other public agency
to improve, repair, or maintain the streets, grounds or other improvements appearing on the plan. The Commission may adopt and the
County Council may approve such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan
from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation
or by an appropriate public agency.
(9 Del. C. 1953, § 3008; 55 Del. Laws, c. 49; 70 Del. Laws, c. 255, § 1; 71 Del. Laws, c. 401, § 15.)
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Title 9 - Counties
§ 3009 Approved plan to be recorded.
The subdivider shall, within 120 days after the approval of a plan, record such plan in the office of the Recorder of Deeds. If such plan
is not recorded within said time, the approval shall expire.
(9 Del. C. 1953, § 3009; 55 Del. Laws, c. 49.)
§ 3010 Schedule of fees.
The Commission shall establish a uniform schedule of fees to be paid by the subdivider and to be proportioned to the cost of processing
a subdivision submitted for review and approval of the Commission. No schedule established by the Commission shall become effective
unless and until approved by the County Council.
(9 Del. C. 1953, § 3010; 55 Del. Laws, c. 49; 71 Del. Laws, c. 401, § 15.)
§ 3011 Effect of approved plan on official map.
After a plan has been approved and recorded as provided under this chapter, all public streets and public grounds on such plan shall
be, and become, a part of the official map of the County without public hearing.
(9 Del. C. 1953, § 3011; 55 Del. Laws, c. 49.)
§ 3012 Notice to local school districts of residential subdivision plans or changes in residential subdivision
plans that increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases
residential density, the County Council shall notify the local school district for the area at least 7 days prior to any such approval process.
(66 Del. Laws, Sp. Sess., c. 195, § 2; 71 Del. Laws, c. 401, § 15.)
§ 3013 Effect of open space acquisition.
Notwithstanding any other provisions of this chapter to the contrary, upon the acquisition by the county government of areas of land,
whether by sheriff’s sale or otherwise, previously shown as open space on the recorded plats of the county, such lands shall be deemed
as dedicated and available for public use. Such acquisition shall not impose any duty or obligation upon the county government or other
public agency to improve, repair or maintain the open space.
(72 Del. Laws, 1st Sp. Sess., c. 258, § 118.)
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Title 9 - Counties
Part II
New Castle County
Chapter 31
Pension Plan for Employees [Repealed]
§§ 3101, 3102 Contributory funded pension program authorized; participation; pension plan for
nonparticipants in contributory funded program [Repealed].
Repealed by 71 Del. Laws, c. 401, § 90, effective July 13, 1998.
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Title 9 - Counties
Part II
New Castle County
Chapter 32
New Castle County Tax Increment Financing Act
§ 3201 Title.
This chapter shall be known as the “New Castle County Tax Increment Financing Act.”
(76 Del. Laws, c. 187, § 1.)
§ 3202 Definitions.
As used in this chapter:
(1) “Act” means the New Castle County Tax Increment Financing Act.
(2) “Adjusted assessed value” means:
a. For real property that qualifies for an agricultural, horticultural or forest use under § 8329 of this title, the assessed value of the
property without regard to its agricultural, horticultural or forest use assessment as of January 1 of the calendar year in which the
resolution creating the tax increment financing (TIF) District under § 3206 of this title becomes effective; or
b. In the event the county grants an exemption from taxes, the original assessed value less the assessed value of property granted
an exemption.
(3) “Assessed value” means the total assessed value of all real property in a TIF District subject to taxation as determined by the
Assessor, with any adjustment pursuant to paragraph (2) of this section taken into account.
(4) “Assessor” shall mean the General Manager of the New Castle County Department of Land Use or designee.
(5) “Bonds” or “bond” means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or
instrument issued by New Castle County pursuant to and in accordance with this chapter.
(6) “Chief financial officer” means New Castle County Chief Financial Official or designee.
(7) “County” or “county” means New Castle County.
(8) “County council” means New Castle County Council or designee.
(9) “County executive” means the County Executive for New Castle County or designee.
(10) “Development” means redevelopment, revitalization or renovation.
(l1) “Issuer” or “issuer” means New Castle County when it acts to issue bonds or to any other taxing body when it issues bonds.
(12) “Original assessed value” means the assessed value as of January 1 of the calendar year in which the resolution creating the
TIF District under § 3206(1) of this title becomes effective.
(13) “Tax increment” means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds
the original assessed value.
(14) “Tax year” means the fiscal year for the county.
(15) “TIF District” means an area designated by a resolution described in § 3206(1) of this title.
(76 Del. Laws, c. 187, § 1.)
§ 3203 Bonds to finance development of industrial, commercial or residential area authorized.
In addition to whatever other powers it may have, and notwithstanding any limitation of law, the county may borrow money by issuing
and selling bonds, at any time and from time to time, for the purpose of financing the development of an industrial, commercial or
residential area. The issuance of general obligation bonds pursuant to this chapter shall comply with any debt limits otherwise applicable
to the county.
(76 Del. Laws, c. 187, § 1.)
§ 3204 Payment of bonds.
Bonds shall be payable from the special fund described in this chapter, and county council may grant a security interest in such fund
to secure such payment, it may also pledge its full faith and credit or establish sinking funds, establish debt service reserve funds, or
pledge other assets and revenues towards the payment of the principal, premium, if any, and interest, including special taxes levied and
collected pursuant to Chapter 33 of this title.
(76 Del. Laws, c. 187, § 1.)
§ 3205 Application of bond proceeds.
All proceeds received from any bonds issued and sold pursuant to this chapter shall be applied solely for:
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(1) The cost of purchasing, leasing, condemning, or otherwise acquiring land or other property, or an interest in them, including
finance and interest charges, in the designated TIF District or as necessary for rights-of-way or other easements to or from the TIF
District;
(2) Demolition, debris removal and disposal costs;
(3) Plans, specifications, studies, surveys, forecasts and estimates of cost and revenues;
(4) Relocation of businesses or residents;
(5) Installation of utilities, construction of parks, playgrounds, recreational areas, establishment of open areas, and other
improvements, including streets, roads, signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting and
other facilities;
(6) Maintenance of utilities, parks, playgrounds, recreational areas, open areas, and other improvements, including streets, roads,
signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and other facilities;
(7) Construction or rehabilitation of buildings, except schools;
(8) Remediation of property, except schools;
(9) Reserves or capitalized interest;
(10) Necessary costs of issuing bonds;
(11) Permissive costs of issuing and servicing bonds, which may include up to 0.5% of the bond issue as origination costs incurred
by the county, and up to 2.0% of the bond debt service payments as administrative costs if administered by the county;
(12) Payment of the principal, premium, if any, and interest on loans, money advanced, or any indebtedness incurred by the county
for any of the purposes set out in this section, including the refunding of bonds previously issued under this chapter; and
(13) Any costs permitted under § 3301(3) of this title, and for any purposes described in § 3302(b)(2) of this title; provided, however,
that the purposes described in § 3302(b)(2) of this title shall be with reference to the designated TIF District.
(76 Del. Laws, c. 187, § 1.)
§ 3206 Conditions precedent to issuance of bonds.
Before issuing any bonds, county council shall:
(1) Designate by resolution an area within the Claymont Hometown Overlay District of New Castle County as a “TIF District.”
(2) Receive from the appropriate Assessor a certification as to the amount of the original assessed value.
(3) Pledge that until the bonds have been fully paid, or thereafter, the property taxes on real property within the TIF District shall
be divided and applied in the priority determined by the county as follows:
a. That portion of the taxes which would be produced by the rate at which taxes levied each year by or for the county upon the
original assessed value shall be allocated to and when collected paid into the funds of the taxing body in the same manner as taxes
by or for the taxing body on all other property are paid.
b. That portion of the taxes representing the levy on the tax increment that would normally be paid to the county shall be paid into
a special fund to be applied in accordance with the provisions of § 3208 of this title.
c. That portion of the taxes representing the levy on the tax increment that would normally be paid to or on behalf of a taxing
body other than the county shall be allocated to and, when collected, paid into the funds of such taxing body in the same manner
as taxes by or for the taxing body on all property are paid, or any other manner that public agencies so determine (school districts,
etc.); provided, however, if such taxing body has agreed pursuant to § 3209 of this title that such taxes shall be paid into a special
fund created in accordance with § 3207 of this title, then such taxes shall be paid into such special fund.
(76 Del. Laws, c. 187, § 1.)
§ 3207 Resolution creating special fund.
The governing body of the county may adopt a resolution creating a special fund with respect to a TIF District, even though no bonds
authorized by this chapter have been issued by the county with respect to that TIF District or are then outstanding. The taxes allocated to
such special fund by § 3206(3)b. or c. of this title shall thereafter be paid over to such special fund, as long as such resolution remains
in effect.
(76 Del. Laws, c. 187, § 1.)
§ 3208 Uses of special fund.
(a) Uses of special fund when no bonds outstanding. — When no bonds authorized by this chapter are outstanding with respect to a
TIF District and the county council so determines, moneys in the special fund for that TIF District created pursuant to § 3207 of this
title may be:
(1) Used for any of the purposes described in § 3205 of this title for which bond proceeds could be used;
(2) Accumulated for payment of debt service on bonds subsequently issued under this chapter;
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Title 9 - Counties
(3) Used to pay or to reimburse the county for debt service which the county is obligated to pay or has paid (whether such obligation
is general or limited) on bonds issued by the county, or any agency or department thereof, the proceeds of which have been used for
any of the purposes specified in § 3205 of this title; or used to pay or reimburse any developer loan; or
(4) Paid to the county to provide funds to be used for any legal purpose as may be determined by the county.
(b) Restrictions on use of special funds. — When any bonds authorized by this chapter are outstanding with respect to a TIF District
and county council so determines, moneys in the special fund for that TIF District created pursuant to § 3207 of this title may be used as
provided in subsection (a) of this section in any fiscal year by the county, but only to the extent that:
(1) The amount in such special fund exceeds the unpaid debt service payable on such bonds in such fiscal year and is not restricted
so as to prohibit the use of such moneys;
(2) Such use is not prohibited by the ordinance authorizing the issuance of such bonds; and to the extent not prohibited by bond
or loan covenants.
(76 Del. Laws, c. 187, § 1.)
§ 3209 Agreements to pay revenue from taxes on tax increment into special fund.
A municipality, school district or other taxing body within the county which is not an issuer may pledge, by written agreement, that
some or all of its property taxes levied on the tax increment shall also be paid into a special fund created pursuant to § 3207 of this title.
Such agreement shall be between the county council and the taxing body and shall run to the benefit of and be enforceable on behalf
of any bondholder.
(76 Del. Laws, c. 187, § 1.)
§ 3210 Ordinance authorizing bonds.
(a) Mandatory provisions. — In order to implement the authority conferred upon it by this chapter to issue bonds, County Council
shall adopt an ordinance that:
(1) Specifies and describes the proposed undertaking and states that it has complied with § 3206 of this title;
(2) Specifies the maximum rate or rates of interest the bonds are to bear.
(b) Additional provisions. — The resolution described in § 3207 of this title may itself specify and prescribe, or may authorize its chief
financial officer or its county executive to specify and prescribe any of the following as it deems appropriate to effect the financing of
the proposed undertaking:
(1) The actual principal amount of the bonds to be issued;
(2) The actual rate or rates of interest the bonds are to bear;
(3) The manner in which and the terms upon which the bonds are to be sold;
(4) The manner in which and the times and places that the interest on the bonds is to be paid;
(5) The time or times that the bonds may be executed, issued and delivered;
(6) The form and tenor of the bonds and the denominations in which the bonds may be issued;
(7) The manner in which and the times and places that the principal of the bonds is to be paid, within the limitations set forth in
this chapter;
(8) Provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates; or
(9) Such other provisions not inconsistent with this chapter as shall be determined by such legislative body to be necessary or
desirable to effect the financing of the proposed undertaking.
(76 Del. Laws, c. 187, § 1.)
§ 3211 Exemption of bonds from taxation.
The principal amount of the bonds, the interest payable thereon, their transfer, and any income derived therefrom, including any profit
made in the sale or transfer thereof, shall be exempt from taxation by the State and by the several counties and municipalities of this State.
(76 Del. Laws, c. 187, § 1.)
§ 3212 Nature and incidents of bonds.
(a) Form of bond; deemed “securities”. — All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a
“security” within the meaning of § 8-102 of Title 6, whether or not it is either 1 or a class or series or by its terms is divisible into a
class or series of instruments.
(b) Signing and sealing. — All bonds shall be signed manually or in facsimile by the county executive, and the seal of the county shall
be affixed thereto and attested by the chief financial officer or other administrative officer of the county. If any officer whose signature or
countersignature appears on the bonds ceases to be such officer before delivery of the bonds, that officer’s signature or countersignature
shall nevertheless be valid and sufficient for all purposes the same as if that officer had remained in office until delivery.
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(c) Maturity. — All bonds shall mature not later than 30 years from their date of issuance.
(d) Sale. — All bonds shall be sold in such manner, either at public or private sale and upon such terms as the governing body of the
issuer deems best. Any contract for the acquisition of property may provide that payment shall be made in bonds.
(e) Bonds issued are securities. — Bonds issued under this chapter are securities in which all public officers and public bodies of
the State and its political subdivisions, all insurance companies, State banks and trust companies, national banking associations, savings
banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and
legally invest funds, including capital in their control or belonging to them.
(f) Bonds are nonrecourse to the county and shall only be paid from TIF and SDD assessments permitted by this Chapter 32 and
Chapter 33 of this title.
(76 Del. Laws, c. 187, § 1; 70 Del. Laws, c. 186, § 1.)
§ 3213 Taxation of leased property in TIF District.
Whenever the county, as lessor, leases its property within the TIF District, the property shall be assessed and taxed in the same manner
as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes or payments in lieu of taxes upon the
assessed value of the entire property and not merely the assessed value of the leasehold interest.
(76 Del. Laws, c. 187, § 1.)
§ 3214 TIF District consistency with certified comprehensive plan.
The use of lands in a TIF District shall be consistent with the comprehensive plan for the area as certified pursuant to § 9103(f) of
Title 29.
(76 Del. Laws, c. 187, § 1.)
§ 3215 Construction of chapter.
This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose of this
chapter.
(76 Del. Laws, c. 187, § 1.)
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Title 9 - Counties
Part II
New Castle County
Chapter 33
New Castle County Special Development Districts
§ 3301 Definitions.
In this chapter the following terms shall have the meanings indicated:
(1) “Bonds” or “bond” means a special obligation bond, revenue bond, note, or other similar instrument issued by New Castle County
in accordance with this chapter.
(2) “Chief financial officer” means New Castle County Chief Financial Official or designee.
(3) “Cost” includes the cost of:
a. Construction, reconstruction, and renovation, and acquisition of all lands, structures, real or personal property, rights, rights-ofway, franchises, easements, and interests acquired or to be acquired by a local, state or federal government or any agency, department
or office thereof for a public purpose;
b. All machinery and equipment including machinery and equipment needed to expand or enhance county services to the special
development districts created pursuant to § 3302 of this title.
c. Financing charges and interest prior to and during construction, and, if deemed advisable by the county, for a limited period
after completion of the construction, interest and reserves for principal and interest, including costs of county bond insurance and
any other type of financial guaranty, liquidity support, and costs of issuance;
d. Extensions, enlargements, additions and improvements;
e. Architectural, engineering, financial and legal services;
f. Plans, specifications, studies, surveys and estimates of cost and of revenues;
g. Administrative expenses necessary or incident to determining to proceed with the infrastructure improvements; and
h. Other expenses authorized or incident to the construction, acquisition, financing and operation of the infrastructure
improvements, including administrative expenses charged to collect and/or administer the tax revenues.
(4) “County” or “county” means New Castle County.
(5) “County council” means New Castle County Council or designee.
(6) “County executive” means New Castle County Executive or designee.
(76 Del. Laws, c. 187, § 2.)
§ 3302 Special taxes authorized; purpose; requirements and restrictions.
(a) Subject to the provisions of this section, and for the purpose stated in subsection (b) of this section, the county may:
(1) Create a special development district;
(2) Levy ad valorem or special taxes; and
(3) Issue bonds and other obligations.
(b) The purpose of the authority granted under subsection (a) of this section is to provide financing, refinancing, or reimbursement for:
(1) The cost of the design, construction, establishment, extension, alteration, maintenance, or acquisition of adequate storm drainage
systems, sewers, water systems, roads, bridges, culverts, tunnels, streets, traffic signals, signage, sidewalks, lighting, parking, parks
and recreation facilities, open space, farm land preservation, fire protection facilities, public safety facilities, paramedic facilities,
libraries, transit facilities, solid waste facilities, identifying monuments, landscaping of entrances and medians, and other improvements,
including infrastructure improvements as authorized, whether situated within the special development district or outside the special
development district if the improvements, including infrastructure improvements provide service or benefit to the property within the
special development district, for the development and utilization of the land, each with respect to any defined geographic region within
the county; and
(2) Any cost in which the proceeds of a bond issued pursuant to Chapter 32 of this title and as defined in § 3205 of this title may
be used and any other cost associated with tax increment financing undertaken with respect to TIF Districts pursuant to Chapter 32
of this title.
(76 Del. Laws, c. 187, § 2.)
§ 3303 Issuance and sale of bonds; section self-executing.
(a) In addition to other powers the county may have, and notwithstanding the provisions of any other public local law, or public general
law, the county may borrow money by issuing and selling bonds for the purposes stated in § 3302(b) of this title, if a request to the
county is made by both:
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(1) The owners of at least 2/3 of the assessed valuation of the real property located within the special development district; and
(2) At least 2/3 of the owners of the acreage located within the special development district, provided that:
a. Multiple owners of a single parcel are treated as a single owner; and
b. A single owner of multiple parcels is treated as 1 owner.
(b) This section is self-executing and does not require the county to enact legislation to exercise the powers granted under this section.
(76 Del. Laws, c. 187, § 2.)
§ 3304 Bonds payable from special fund; complementary powers of governing body; proceeds.
(a) Bonds shall be payable from the special fund required under § 3305 of this title.
(b) If the county council issues bonds under this section, the county council may also:
(1) Establish sinking funds;
(2) Establish debt service reserve funds;
(3) Pledge other assets and revenues towards the payments of the principal, premium, if any, and interest; or
(4) Provide for bond insurance or any other type of credit enhancement or liquidity support of the bonds.
(c) All proceeds received from any bonds issued and sold shall be applied solely to pay costs, including:
(1) Costs of design, construction, establishment, extension, alteration, or acquisition of improvements, including infrastructure
improvements;
(2) Costs of issuing bonds;
(3) Permissive costs of issuing and servicing the bonds, which may include up to 0.5% of the bond issue as origination costs incurred
by the county, and up to 2.0% of the bond debt service payments as administrative costs if administered by the county;
(4) Payment of the principal and interest on loans, development loans, money advances, or any indebtedness for any of the purposes
stated in § 3302(b) of this title, including the refunding of bonds previously issued under this section;
(5) Funding of a debt service reserve fund or payment of interest prior to, during, or for a limited period of time after construction; and
(6) Purposes described in §§ 3205 and 3302(b) of this title.
(76 Del. Laws, c. 187, § 2.)
§ 3305 Actions necessary before issuing bonds.
(a) Before issuing bonds pursuant to this section, county council shall:
(1) Designate by resolution an area or areas within the Claymont Hometown Overlay District of New Castle County as a special
development district;
(2) Subject to subsection (b) of this section, adopt a resolution creating a special fund with respect to the special development district;
and
(3) Provide for the levy of an ad valorem or special tax on all real property within the special development district at a rate or amount
designed to provide adequate revenues to pay the principal of, interest on, and redemption premium, if any, on the bonds, to replenish
any debt service reserve fund, and for any other purpose related to the ongoing expenses of or security, including debt service coverage
requirements, for the bonds. Ad valorem taxes shall be levied in the same manner, upon the same assessments, for the same period
or periods, and as of the same date or dates of finality as are now or may hereafter be prescribed for general ad valorem real property
tax purposes within the district, and shall be discontinued when all of the bonds have been paid in full. Special taxes shall be levied
pursuant to § 3313 of this title.
(b) The resolution creating a special fund under paragraph (a)(2) of this section shall:
(1) Pledge to the special fund the proceeds of the ad valorem or special tax to be levied as provided under paragraph (a)(3) of this
section and shall specify the priority of application with other ad valorem or special taxes; and
(2) Require that the proceeds from the tax be paid into the special fund.
(76 Del. Laws, c. 187, § 2.)
§ 3306 When no bonds outstanding.
When no bonds are outstanding with respect to a special development district:
(1) The special development district shall be terminated; and
(2) Any moneys remaining in the special fund on the date of termination of the special development district shall be paid to the
general fund of the county.
(76 Del. Laws, c. 187, § 2.)
§ 3307 Adoption of ordinance to implement authority.
(a) In order to implement the authority conferred upon it by this section to issue bonds, the county council shall adopt an ordinance that:
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(1) Specifies and describes the proposed undertaking and states that it has complied with § 3305 of this title;
(2) Specifies the maximum principal amount of bonds to be issued;
(3) Specifies the maximum rate or rates of interest for the bonds; and
(4) Agrees to a covenant to levy upon all real property within the special development district, ad valorem taxes or special taxes in
rate and amount at least sufficient in each year in which any of the bonds are outstanding to provide for the payment of the principal
of, premium, if any, and the interest on the bonds.
(b) The ordinance may specify or may authorize its chief financial officer or its county executive to specify any of the following as it
deems appropriate to effect the financing of the proposed undertaking;
(1) The actual principal amount of the bonds to be issued;
(2) The actual rate or rates of interest for the bonds;
(3) The manner in which and the terms upon which the bonds are to be sold;
(4) The manner in which and the times and places that the interest on the bonds is to be paid;
(5) The time or times that the bonds may be executed, issued and delivered;
(6) The form and tenor of the bonds and the denominations in which the bonds may be issued;
(7) The manner in which and the times and places that the principal of the bonds is to be paid, within the limitations set forth in
this section;
(8) Provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates; or
(9) Any other provisions not inconsistent with this section as shall be determined by county council to be necessary or desirable to
effect the financing of the proposed undertaking.
(c) An ordinance authorizing the bonds provided for under this chapter, an ordinance, resolution, or executive order passed or adopted
in furtherance of the required ordinance, the bonds, the designation of a special development district, or the levy of a special ad valorem
tax or special tax may not be subject to any referendum by reason of any other state or local law.
(d) The ordinance authorizing the bonds required under this subsection, any ordinance, resolution, or executive order passed or adopted
in furtherance of the required ordinance, the bonds, the designation of a special development district, or the levy of a special ad valorem
tax or special tax shall be subject to the request of the landowners as specified under § 3303(a) of this title.
(76 Del. Laws, c. 187, § 2.)
§ 3308 Taxation of bonds.
The principal amount of the bonds, the interest payable on the bonds, their transfer and any income derived from the transfer, including
any profit made in the sale or transfer of the bonds, shall be exempt from taxation by the State and by the counties and municipalities
of the State.
(76 Del. Laws, c. 187, § 2.)
§ 3309 Bond form; signatures; maturity; manner of sale.
(a) All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a security as defined in § 8-102 of Title 6,
whether or not it is either 1 of a class or series or by its terms is divisible into a class or series of instruments.
(b) All bonds shall be signed manually or in facsimile by the county executive, and the seal of the county shall be affixed to the bonds and
attested by chief financial officer or other similar administrative officer of the county. If any officer whose signature or countersignature
appears on the bonds ceases to be such officer before delivery of the bonds, the officer’s signature or countersignature shall nevertheless
be valid and sufficient for all purposes the same as if the officer had remained in office until delivery.
(c) All bonds shall mature not later than 30 years from their date of issuance.
(d) All bonds shall be sold in the manner, either at public or private sale, and upon the terms, as county council deems best. Any contract
for the acquisition of property may provide that payment shall be made in bonds.
(76 Del. Laws, c. 187, § 2.)
§ 3310 Bonds issued are securities.
Bonds issued under this chapter are securities in which all public officers and public bodies of the State and its political subdivisions,
all insurance companies, state banks and trust companies, national banking associations, savings banks, savings and loan associations,
investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital
in their control or belonging to them.
(76 Del. Laws, c. 187, § 2.)
§ 3311 Powers granted are supplemental to other laws.
The powers granted under this chapter shall be regarded as supplemental and additional to powers conferred by other laws, and may
not be regarded as in derogation of any powers now existing.
(76 Del. Laws, c. 187, § 2.)
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Title 9 - Counties
§ 3312 Construction of chapter.
This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose stated in
§ 3302(b) of this title.
(76 Del. Laws, c. 187, § 2.)
§ 3313 Special taxes on real property as alternative to ad valorem taxes.
(a) As an alternative to levying ad valorem taxes under this chapter, county council may levy special taxes on real property in a special
development district to cover the cost of infrastructure improvements, including but not limited to costs defined in § 3301(3) of this title.
In determining the basis for and amount of the tax, the cost of an improvement may be calculated and levied:
(1) Equally per front foot, lot, parcel, dwelling unit, or square foot;
(2) According to the value of the property as determined by the county, with or without regard to improvements on the property; or
(3) In any other reasonable manner that results in fairly allocating the cost of the infrastructure improvements.
(b) County council may provide by ordinance or resolution for:
(1) A maximum amount to be assessed with respect to any parcel of real property located within a special development district;
(2) A tax year or other date after which no further special taxes under this section shall be levied or collected on a parcel; and
(3) The circumstances under which the special tax levied against any parcel may be increased, if at all, as a consequence of
delinquency or default by the owner of that parcel or any other parcel within the special development district.
(c) County council by ordinance or resolution may establish procedures allowing for the prepayment of special taxes under this section.
(d) Special taxes levied under this subsection shall be collected and secured in the same manner as general ad valorem real property
taxes unless otherwise provided in the ordinance or resolution and shall be subject to the same penalties and the same procedure, sale,
and lien priority in case of delinquency as is provided for general ad valorem real property taxes.
(76 Del. Laws, c. 187, § 2.)
§ 3314 Bonds not to constitute general obligation debt.
Bonds issued under this chapter are a special obligation of the county or Special Development District (SDD) and may not constitute a
general obligation debt of the county, or a pledge of the county’s full faith and credit or taxing power. Bonds are nonrecourse to property
owners who purchase subject to a TIF or SDD. Property owners who purchase subject to a TIF or SDD shall only be responsible for TIF
or SDD obligations determined by the individual assessment of their property.
(76 Del. Laws, c. 187, § 2.)
§ 3315 Special Development District consistency with certified comprehensive plan.
The use of lands in a Special Development District shall be consistent with the comprehensive plan for the area as certified pursuant
to § 9103(f) of Title 29.
(76 Del. Laws, c. 187, § 2.)
§ 3316 Limitation on ad valorem or special taxes within Special Development District.
The levy of an ad valorem or special tax pursuant to § 3302(a)(2) or § 3313(a) of this title shall not be applicable to and shall not be
imposed on special betterments property as defined in § 8101(e) of this title owner or leased by a public utility as defined in § 102(2)
of Title 26.
(76 Del. Laws, c. 187, § 2.)
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Title 9 - Counties
Part III
Kent County
Chapter 41
Government of Kent County
Subchapter I
General Provisions
§ 4101 Definitions.
(a) As used in this part:
(1) “County” means Kent County.
(2) “County government” means the governing body of Kent County.
(b) Any reference in the Delaware Code or any other law of this State to the Receiver of Taxes and County Treasurer for Kent County
or the County Comptroller for Kent County shall be construed to mean the Department of Finance of Kent County as created by § 4123
of this title.
(9 Del. C. 1953, § 4101; 77 Del. Laws, c. 247, § 5; 80 Del. Laws, c. 209, § 2.)
§ 4102 Levy Court Districts in Kent County.
(a) Kent County shall be divided into 6 Levy Court Districts, 1 additional Levy Court District is comprised of the County as a whole.
(b) The Levy Court Districts are established as follows:
(1) First Levy Court District. — The First Levy Court District shall comprise: All that portion of Kent County, more particularly
described by reference to the general highway map of Kent County, dated 1963 (revised January 1, 1978), and Sheet A of said highway
map of Kent County, dated 1963 (revised August 1, 1974), prepared by the mapping section of the Division of Highways, bounded by
a line beginning at the point on the center line of the boundary between the States of Delaware and Maryland, thence in an easterly
direction along the center line of the boundary between New Castle County and Kent County in an easterly direction and northeasterly
direction passing U.S. Route 13 and in a northerly direction to a point where the said boundary line between Kent County and New
Castle County intersects with the center line of the boundary between the States of Delaware and New Jersey, thence continuing along
the center line of the Delaware and New Jersey boundary in a southeasterly direction to a point opposite the center of the mouth of
the Leipsic River, thence, in a westerly direction to the mouth of the Leipsic River and, thence with the center of the Leipsic River
in a westerly direction to its northern junction with Little Duck Creek in the Town of Leipsic, thence in a southerly direction along
the center line of the eastern boundary line of the Town of Leipsic, thence in a westerly direction along the center line of the southern
boundary of the Town of Leipsic crossing State Route 9, thence in a northerly direction along the center line of the western boundary
of the Town of Leipsic to its intersection with the center of Little Duck Creek, thence with the center of Little Duck Creek in a westerly
direction to its point of intersection with the center line of U.S. Route 13, thence with the center line of U.S. 13 in a southerly direction
to its point of intersection with County Road 100 (Denneys Road), thence with the center line of County Road 100 (Denneys Road) in
a westerly, southerly and westerly direction to its point of intersection with the center line of County Road 104 (Kenton Road), thence
along the center line of County Road 104 (Kenton Road), in a southeasterly direction to its intersection with the center of Mudstone
Branch, thence with the center of Mudstone Branch in a southwesterly direction and the center of a tributary to Mudstone Branch in a
southerly direction (being the northerly boundary of Enumeration District 195 and the easterly boundary of Enumeration District 194
respectively as shown on the Official 1980 Census Map) to a point in the center line of County Road 158, thence with the center line of
County Road 158 in a southwesterly direction to its intersection with the center line of State Route 8 where it intersects with the center
line of County Road 199, thence with the center line of County Road 199 in a southwesterly and southerly direction, crossing County
Road 200, to its intersection with the center line of County Road 73, thence northeasterly with the center line of County Road 73 to
its intersection with the center line of County Road 204, thence with the center line of County Road 204 in a southerly direction to its
intersection with the center of Issac Branch, thence with the center of Issac Branch in an easterly direction to its intersection with the
center of Almshouse Branch as shown on Sheet A of the general highway map of Kent County, Delaware, dated 1963 (revised August
1, 1974), thence with the center of Almshouse Branch in a southerly direction to its intersection with the center line of County Road
52, thence with the center line of County Road 53 in a westerly direction, crossing the intersection of County Road 228, thence in a
northwesterly direction to its intersection with the center line of County Road 73 at Hazlettville, thence with the center line of County
Road 73 in a northeasterly direction to its intersection with the center line of County Road 101, thence with the center line of County
Road 101 in a northerly direction, crossing County Road 200 and State Route 8 to its intersection with the center line of County Road
171, thence with the center line of County Road 171 in a northwesterly direction, crossing the Conrail Railroad tracks to its intersection
with the center line of County Road 98 and State Route 11 at Fords Corner, thence with the center line of County Road 98 in a westerly
direction to its intersection with the center line of State Route 44, thence in a northwesterly direction along the center line of State
Route 44 to its intersection with the center line of State Route 300 at Everetts Corner, thence in a westerly direction along the center
line of U.S. Route 300 to its intersection with the center line of the boundary between the States of Delaware and Maryland, thence in
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a northerly direction along the center line of the common boundary of Delaware and Maryland through the Blackiston Wildlife Area to
the point where the center line of the boundary of the States of Delaware and Maryland intersects with the center line of the boundary
of Kent County and New Castle County which is the point and place of beginning.
(2) Second Levy Court District. — The Second Levy Court District shall comprise: All that portion of Kent County, partially lying
with the City of Dover and bounded as follows: All that portion of Kent County, more particularly described by reference to the general
highway map of Kent County, dated 1963 (revised January 1, 1978), and Sheet A of said highway maps of Kent County, dated 1963
(revised August 1, 1974), prepared by the mapping section of the Division of Highways, bounded by a line beginning at a point which
is the center line of State Route 8 and County Road 199 and from said point and place of beginning, following the center line of County
Road 199 in a southwesterly direction, crossing County Road 200 and continuing in a southerly direction, to its intersection with the
center line of County Road 73, thence northeasterly along the center line of County Road 73, to its intersection with the center line of
County Road 204, thence southerly along the center line of County Road 204 to its intersection with the center of Issac Branch, thence
northeasterly with the center of Issac Branch to its intersection with the center of a tributary to Issac Branch known as Almshouse
Branch, thence southerly with the center of Almshouse Branch to its intersection with the center line of County Road 52, thence with
the center line of County Road 52 in an easterly direction to its intersection with the western boundary of the Town of Wyoming, thence
following the boundaries of the Town of Wyoming in a northerly and easterly direction to its intersection with the center line of Issac
Branch, thence in an easterly direction along the center line of Issac Branch, crossing its intersections with County Road 195, Conrail
Railroad tracks and County Road 190 (New Burton Road), to its intersection with the center line of the boundary separating the Towns
of Wyoming and Camden, thence continuing along the meanderings of Issac Branch, also being the northerly boundary of the Town
of Camden, to its intersection with the center line of U.S. Route 13, thence in a southwesterly direction along the center line of U.S.
Route 13 to its intersection with the center line of Delaware Route 10 (Lebanon Road), thence in an easterly direction along the center
line of Delaware Route 10 (Lebanon Road), to its intersection with the center line of U.S. 113-A, thence in a northerly direction along
the center line of U.S. 113-A to a point in the center of the southerly boundary of the City of Dover as of June 30, 1981, which is also
a portion of Issac Branch, thence with the southern boundary of the City of Dover in an easterly direction to its point of intersection
with U.S. Route 113 (Bay Road), thence with the center line of U.S. Route 113 (Bay Road), in a northerly direction to its intersection
with the center line of State Route 8 (Division and Forest Streets), thence westerly along the center line of State Route 8 (Division and
Forest Streets) to its intersection with the center line of County Road 156 (Saulsbury Road), thence in a northerly direction along the
center line of County Road 156 (Saulsbury Road) to its intersection with the center line of County Road 156 (McKee Road) to the point
of its intersection with the center line of County Road 100 (Denneys Road), thence in a southwesterly direction along the center line of
County Road 100 (Denneys Road) to its point of intersection with the center line of County Road 104, thence along the center line of
County Road 104 in a southeasterly direction to a point in the center of Mudstone Branch, thence with the center of Mudstone Branch
in a southwesterly direction and a tributary of Mudstone Branch in a southerly direction (being the northerly boundary of Enumeration
District 195 and easterly boundary of Enumeration District 194 respectively, as shown on the Official 1980 Census Map) to a point in
the center line of County Road 158, thence with the center line of County Road 158 in a southwesterly direction to its intersection with
State Route 8 and County Road 199 which is the point and place of beginning.
(3) Third Levy Court District. — The Third Levy Court District shall comprise: All that portion of Kent County, particularly described
by reference to the general highway map of Kent County, Delaware, dated 1963 (revised January 1, 1978), and Sheet A of the said
highway map of Kent County dated 1963, (revised August 1, 1974), prepared by the mapping section of the Division of Highways,
bounded by a line beginning with the center line of the boundary between the States of New Jersey and Delaware at a point opposite
the center line of the mouth of the Leipsic River and, thence in a westerly direction to the mouth of the Leipsic River and, thence with
the center of the Leipsic River in a westerly direction to its intersection with the eastern boundary of the Town of Leipsic, thence in
a southerly direction along the center of the eastern boundary of the Town of Leipsic, thence in a westerly direction along the center
line of the southern boundary of the Town of Leipsic crossing State Route 9, thence in a northerly direction along the center line of
the western boundary of the Town of Leipsic to its intersection with the center line of Little Duck Creek, thence with the center of
Little Duck Creek in a westerly direction to its point of intersection with the center line of U.S. Route 13, thence with the center line
of U.S. Route 13 in a southerly direction to its point of intersection with County Road 100 (Denneys Road) thence with the center line
of County Road 100 (Denneys Road) in a westerly, southerly and westerly direction to its point of intersection with the center line
of County Road 156 (McKee Road), thence southeasterly along the center line of County Road 156 (McKee Road) to its intersection
with the center line of County Road 156 (Saulsbury Road), thence southerly along the center line of County Road 156 (Saulsbury
Road) to its intersection with the center line of State Route 8 (Forest and Division Streets), thence easterly along the center line of State
Route 8 (Forest and Division Streets), to its intersection with the center line of U.S. Route 13, thence southeasterly along the center
line of U.S. Route 13 to its intersection with the center line of U.S. Route 113 (Bay Road), thence in a southeasterly direction along
the center line of U.S. Route 113 (Bay Road) to its intersection with lands of the United States known as Dover Air Force Base, thence
along the center line of said boundary in a northeasterly, southeasterly, easterly, southeasterly, easterly, and northerly direction to a
point of its intersection with the center line of County Road 348 (Horsepond Road), thence with the center line of County Road 348
(Horsepond Road) to its intersection again with lands of the United States known as Dover Air Force Base, thence along the center
line of said boundary in a northerly, easterly, and southerly direction to a point of intersection with the center line of County Road
348, thence easterly with the center line of County Road 348 to its intersection with State Route 9 at Postles Corner, thence southerly
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with the center line of State Route 9 to its intersection with the center line of U.S. Route 113 (Bay Road), thence southerly with the
center line of U.S. Route 113 (Bay Road) to its intersection with the center of St. Jones River, thence with the center of St. Jones River
in a southeasterly direction to its intersection with Delaware Bay, thence in an easterly direction to the boundary between the States
of New Jersey and Delaware in Delaware Bay, thence with the New Jersey-Delaware boundary in a northerly and westerly direction
to the point and place of beginning.
(4) Fourth Levy Court District. — The Fourth Levy Court District shall comprise: All that portion of Kent County in Little Creek,
East Dover, South Murderkill and Milford Hundreds and bounded as follows: Beginning at a point on the boundary between States of
New Jersey and Delaware in the Delaware Bay opposite the mouth of the Mispillion River, thence in a westerly direction to the mouth
of Mispillion River, which is also on the boundary between Kent and Sussex Counties, thence with the center of the boundary line
between Kent and Sussex Counties, in a westerly direction to its intersection with the center line of U.S. Route 13, thence northerly
along the center line of U.S. Route 13 to its intersection with the center line of County Road 116, thence with the center line of County
Road 116 in an easterly direction to its intersection with the center line of County Road 434, thence northerly and northeasterly with
the center line of County Road 434 to its intersection with the center line of County Road 429, thence northerly with the center line of
County Road 429 crossing the Conrail Railroad tracks and County Roads 432, 431 and 430 to its intersection with the center line of
County Road 35, thence northeasterly with the center line of County Road 35 to its intersection with the center line of County Road
388, thence in a northwesterly direction along the center line of County Road 388 to its intersection with the center line of County Road
33, thence in a northwesterly direction along the center line of County Road 33, to its intersection with the center line of County Road
371, thence in a southwesterly direction along the center line of County Road 371 to its intersection with the center line of U.S. Route
13, thence in a northerly direction along the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 13A,
thence in a northwesterly direction along the center line of U.S. Route 13A to a point approximately 755 feet north of its intersection
with the center line of County Road 370, said point being the center line of its intersection with Double Run, thence in an easterly
direction along the center line of Double Run, also being the northern boundary of Enumeration District 266 as shown on the Official
1980 Census Map, to its intersection with the center line of U.S. Route 13, thence with the center line of U.S. Route 13 in a northerly
direction approximately 600 feet to a point in the center line of its intersection with an unnamed tributary of Double Run, said point
being approximately 3,250 feet south of its intersection with County Road 30, thence along the center line of said tributary to the center
line of its intersection of Double Run which is the southerly boundary of Enumeration District 234 as it appears on the Official 1980
Census Map, thence in an easterly direction along the center line of Double Run across its intersection with County Road 105, to its
intersection with the center line of an unnamed tributary to Double Run, as it appears on the Official 1980 Census Map, thence in a
northerly direction along the center line of said unnamed tributary, being also a portion of the easterly boundary of Enumeration District
233 as it appears on the Official 1980 Census Map, crossing its intersection with County Road 368 and continuing in a northwesterly
direction to the intersection of the center line of an unnamed road at its easternmost point as shown on the Official 1980 Census Map,
thence along the center line of said unnamed road in a westerly direction to its intersection with the center line of County Road 105,
thence in a northerly direction along the center line of County Road 105 to its intersection with the center line of County Road 30,
thence with the center line of County Road 30 in a northeasterly direction for approximately 4,750 feet to its intersection with the
center of an unnamed tributary to Voshell Pond, thence northerly and northeasterly along the meanderings of said tributary, Voshell
Pond and Tidbury Creek to its intersection with the center line of County Road 357 extended at Lebanon thence with the center line of
County Road 357 extended and County Road 357 in an easterly direction to its intersection with the southerly boundary of lands of the
United States known as Air Base Housing, thence with the boundary of land of the United States southeasterly, northerly, southeasterly
and northeasterly to its intersection with the center line of U.S. Route 113 (Bay Road) thence with the center line of U.S. Route 113
(Bay Road) in a southeasterly direction crossing its intersection with the center line of State Route 9, thence in a southerly direction
to its intersection with the center of the St. Jones River, thence with the center of the St. Jones River in a southeasterly direction to
its intersection with Delaware Bay at the northerly boundary of the Town of Bowers, thence in an easterly direction to the boundary
between the States of New Jersey and Delaware in Delaware Bay, thence with the New Jersey-Delaware boundary in a southerly
direction to the point and place of beginning.
(5) Fifth Levy Court District. — The Fifth Levy Court District shall comprise: All that portion of Kent County including parts of
West Dover, North Murderkill and East Dover Hundreds and bounded as follows: Beginning at a point where the center line of County
Road 52 intersects with the center of Almshouse Branch, thence southerly with the center of Almshouse Branch, also being the westerly
boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection with the center of a tributary
to Almshouse Branch, thence southeasterly along the center of said tributary to its intersection with the center line of an unnamed
road, thence easterly along the center line of said unnamed road, also being the southerly boundary of Enumeration District 260, to
its intersection with the center line of County Road 125 thence southerly with the center line of County Road 125 to a power line
which is also the northwesterly boundary of Enumeration District 262, thence southwesterly along the Enumeration District boundary
to its intersection with the center line of County Road 232, thence southeasterly along the center line of County Road 232 to the center
of an unnamed branch of Tidbury Creek being also the westerly boundary of Enumeration District 262, thence southerly along the
meanderings of the said branch to its intersection with the center line of County Road 236, thence westerly along the center line of
County Road 236 to its intersection with the center line of County Road 235, thence southerly along the center line of County Road
235 to its intersection with the center line of County Road 109, thence southwesterly with the center line of County Road 109 to its
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intersection with the center line of County Road 108, thence southeasterly along the center line of County Road 108 to its intersection
with the center line of County Road 239, thence southeasterly with the center line of County Road 239 to a point in the center of
Hudson Branch, thence in an easterly direction along the center of Hudson Branch, also being the northern boundary of Enumeration
District 269 as shown on the Official 1980 Census Map, to the center of a power line, thence southerly along the center of said power
line, also being the easterly boundary of Enumeration District 269, to a point in the center line of County Road 239, thence with the
center line of County Road 239 in an easterly direction to its intersection with the center line of the Conrail Railroad tracks, thence in a
northerly direction along the center line of the Conrail Railroad tracks to a point in the center of Hudson Branch, thence northeasterly
and easterly along the center of Hudson Branch, also being the northerly boundary of Enumeration District 268 as shown on the Official
1980 Census Map, to its intersection with the center line of U.S. Route 13, thence in a northerly direction along the center line of U.S.
Route 13 to its intersection with the center line of U.S. Route 13 to its intersection with the center line of U.S. Route 13A, thence in a
northwesterly direction along the center line of U.S. Route 13A to a point approximately 755 feet north of its intersection with the center
line of County Road 370, said point being the center line of its intersection with Double Run, thence in an easterly direction along the
center line of Double Run, also being the northern boundary of Enumeration District 266 as shown on the Official 1980 Census Map, to
its intersection with the center line of U.S. Route 13, thence with the center line of U.S. Route 13 in a northerly direction approximately
600 feet to a point in the center line of its intersection with an unnamed tributary of Double Run, said point being approximately 3,250
feet south of its intersection with County Road 30, thence along the center line of said tributary to the center line of its intersection
with Double Run which is the southerly boundary of Enumeration Districts 233 and 234 as they appear on the Official 1980 Census
Map, thence continuing in an easterly direction along the center line of Double Run across its intersection with County Road 105, to
its intersection with the center line of an unnamed tributary to Double Run, as it appears on the Official 1980 Census Map, thence in a
northerly direction along the center line of said unnamed tributary being also a portion of the easterly boundary of Enumeration District
233 as it appears on the Official 1980 Census Map, crossing its intersection with County Road 368 and continuing in a northwesterly
direction to the intersection of the center line of an unnamed road at its easternmost point as shown on the Official 1980 Census Map,
thence along the center line of said unnamed road in a westerly direction to its intersection with the center line of County Road 105,
thence in a northerly direction along the center line of County Road 105 to its intersection with the center line of County Road 30,
thence with the center line of County Road 30 in a northeasterly direction for approximately 4,750 feet to its intersection with the center
of an unnamed tributary to Voshell Pond, thence northerly and northeasterly along the meanderings of said tributary, Voshell Pond and
Tidbury Creek to its intersection with the center line of County Road 357 extended at Lebanon, thence with the center line of County
Road 357 extended and County Road 357 in an easterly direction to its intersection with the southern boundary of the lands of the
United States of America, known as Air Base Housing, thence with the boundary of the lands of the United States of America, known
as Air Base Housing, thence with the boundary of the lands of the United States of America southeasterly, northerly and northeasterly
to its intersection with the center line of U.S. Route 113, thence with the center line of U.S. Route 113 in a southeasterly direction
to its intersection with the center line of State Route 9, thence with the center line of State Route 9 in a northerly direction to its
intersection with County Road 348, thence with the center line of County Road 348 to its intersection with lands of the United States
of America, known as Dover Air Force Base, thence in a northerly, westerly, southerly, westerly, southerly and westerly direction with
the lands of the United States to its intersection with the center line of U.S. Route 113, thence with the center line of U.S. Route 113 in
a northwesterly direction to its intersection with the southerly boundary of the City of Dover as of June 30, 1981, thence southwesterly
along the center line of the City of Dover boundary to a point in the center line of U.S. Route 113-A, thence in a southerly direction
to a point where the center line of U.S. Route 113-A intersects with the center line of State Route 10, thence in a westerly direction
along the center line of State Route 10, to its intersection with the center line of U.S. Route 13, thence in a northerly direction along the
center line of U.S. Route 13 to its intersection with the center line of Issac Branch, which is also the northern boundary of the Town of
Camden, thence in a westerly direction along the meanderings of Issac Branch crossing its intersection with County Road 190 (New
Burton Road), Conrail Railroad tracks and County Road 195, thence continuing along the northwesterly, westerly and southwesterly
boundary of the Town of Wyoming to its intersection with the center line of County Road 52, thence in a westerly direction along the
center line of County Road 52, to its intersection with the center of Almshouse Branch which is the point and place of beginning.
(6) Sixth Levy Court District. — The Sixth Levy Court District shall comprise: All that portion of Kent County in Mispillion,
South Murderkill and North Murderkill Hundreds lying within the following boundaries: Beginning at a point on the center line of
the boundary between the State and State of Maryland which intersects with the center line of the boundary between Kent County
and Sussex County and continuing in an easterly direction, to the center line of U.S. Route 13, thence northerly along the center line
of U.S. Route 13 to its intersection with the center line of County Road 116, thence with the center line of County Road 116, in an
easterly direction to its intersection with the center line of County Road 434, thence northerly and northeasterly with the center line of
County Road 434 to its intersection with the center line of County Road 429, thence northerly with the center line of County Road 429
crossing the Conrail Railroad tracks and County Roads 432, 431, 430 to its intersection with the center line of County Road 35, thence
northeasterly with the center line of County Road 35 to its intersection with County Road 388, thence northwesterly to its intersection
with the center line of County Road 33, thence with the center line of County Road 33 in a northwesterly direction to its intersection
with the center line of County Road 371, thence in a southwesterly direction along the center line of County Road 371 to its intersection
with U.S. Route 13, thence in a northerly direction with the center line of U.S. Route 13 to a point in the center of Hudson Branch,
thence westerly and southwesterly along the center of Hudson Branch, also being the northerly boundary of Enumeration District 268
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as shown on the Official 1980 Census Map, to its intersection with the center line of the Conrail Railroad tracks, thence southerly along
the center line of the Conrail Railroad tracks to its intersection with the center line of County Road 239, thence westerly with the center
line of County Road 239 to the center of a power line as shown on the Official 1980 Census Map, thence with the center of said power
line in a northerly direction to its intersection with the center of Hudson Branch, thence westerly with the center of Hudson Branch,
also being the northerly boundary of Enumeration District 269 as shown on the Official 1980 Census Map, to its intersection with the
center line of County Road 239, thence northwesterly along the center line of County Road 239 to its intersection with the center line of
County Road 108, thence northwesterly along the center line of County Road 108 to its intersection with the center line of County Road
109, thence northeasterly with the center line of County Road 109 to its intersection with the center line of County Road 235, thence
northerly along the center line of County Road 235 to its intersection with the center line of County Road 236, thence easterly along
the center line of County Road 236 to its intersection with the center of an unnamed branch of Tidbury Creek being also the westerly
boundary of Enumeration District 262 as shown on the Official 1980 Census Map, thence northerly along the meanderings of said
branch to its intersection with the center line of County Road 232, thence northwesterly along the center line of County Road 232 to a
power line which is also the northwesterly boundary of Enumeration District 262 as shown on the Official 1980 Census Map, thence
northeasterly along the northwesterly boundary of Enumeration District 262 to its intersection with the center line of County Road
125, thence northerly along the center line of County Road 125 to its intersection with the center line of an unnamed road, thence in a
westerly direction along the center line of said unnamed road, also being the southerly boundary of Enumeration District 260 as shown
on the Official 1980 Census Map, to its intersection with the center of a tributary of Almshouse Branch, thence northwesterly along
the center of said tributary to its intersection with the center of Almshouse Branch, thence northerly along the center of Almshouse
Branch, also being the westerly boundary of Enumeration District 260 as shown on the Official 1980 Census Map, to its intersection
with the center line of County Road 52, thence westerly with the center line of County Road 52 to its intersection with the center line
of County Road 73 at Hazlettville, thence in a northeasterly direction along the center line of County Road 73 to its intersection with
the center line of County Road 101, thence in a northerly direction along the center line of County Road 101 crossing State Route 8 to
its intersection with County Road 171, thence in a northwesterly direction along the center line of County Road 171 to its intersection
with the center line of State Route 11 and the center line of County Road 98, thence southwesterly with the center line of County Road
98 crossing County Road 175 to its intersection with the center line of State Route 44, thence northwesterly with the center line of State
Route 44 to its intersection with the center line of State Route 300 at Everett’s Corner, thence in a westerly direction along the center
line of State Route 300 to the center line of the boundary between the State and the State of Maryland, thence in a southerly direction
following the center line of the boundary between the State and the State of Maryland through the Town of Marydel and continuing
in a southerly direction to the point where the said boundary intersects with the center line of the common boundary of Kent County
and Sussex County, which is the point and place of beginning.
(7) Seventh Levy Court District. — The boundaries of the Seventh Levy Court District shall comprise all of Kent County.
(22 Del. Laws, c. 50, § 1; 24 Del. Laws, c. 52, § 1; Code 1915, § 1013; 31 Del. Laws, c. 13, § 2; 40 Del. Laws, c. 126, § 1; Code
1935, §§ 1147, 1184; 44 Del. Laws, c. 85, § 1; 9 Del. C. 1953, § 301; 55 Del. Laws, c. 85, § 3A; 55 Del. Laws, c. 197, § 1; 63
Del. Laws, c. 190, § 1.)
§ 4103 Election, qualifications and term of officials of the county governing body.
(a) In Kent County, the governing body shall consist of 7 elected officials, 1 from each of the Representative Districts as were in effect
at the election of 1980, with certain minor changes in the lines so as to comply with the 1 man 1 vote requirement, as described in §
4102(b) of this title, together with 1 elected official from the County as a whole. Each such official must be a resident of the Levy Court
District from which such official is elected, and must have been such for at least 1 year before such official is elected, be a citizen of
the United States, be a qualified elector of the County and be elected by the qualified voters of the District. The term of office shall be
for 4 years. The Levy Court commissioners elected in the election of 1980 from the old 30th, 31st and 34th Representative Districts,
now the First, Third and Fifth Levy Court Districts, shall continue to serve out the unexpired portion of their terms and shall represent
the 1st, 3rd and 5th Levy Court Districts until the first Tuesday in January, 1985. Levy Court commissioners for the old 32nd, 33rd and
35th Representative Districts, now the Second, Fourth and Sixth Levy Court Districts, together with the Levy Court commissioner for the
County as a whole, shall be elected for 4-year terms at the election in 1982. At each subsequent election, the Levy Court commissioners
elected shall serve for a 4-year term.
(b) In the event that a primary election is necessary in any Levy Court District, only the qualified voters of the said Levy Court District
in which such primary election is held, shall be eligible to vote in said primary.
(c) The office of an elected official shall become vacant upon the elected official’s death, resignation, removal from office in any
manner authorized by law, or forfeiture of the office. The elected official’s office will be forfeited if at any time during the elected
official’s term of office the elected official:
(1) Lacks any qualification for the office prescribed by this chapter or other law of the State, including residence in the district from
which the elected official was elected;
(2) Violates any express prohibition of this title; or
(3) Is convicted of a crime involving moral turpitude.
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(d) If the office of an elected official becomes vacant, a temporary official shall be appointed by the majority vote of the remaining body
of elected officials until the special election provided for in § 303 of this title shall have been completed. The special election shall be
held within 6 months of the occurring of the vacancy. The county government shall prescribe by ordinance the procedures for the special
election, which procedures shall not be inconsistent with the provisions of Title 15. The Kent County Chairperson of each political party
that had State ballot status at the preceding general election, or, if there is no Kent County Chairperson, the State Chairperson of that
political party, shall without primary, be eligible to file with the Kent County Department of Elections the name of 1 eligible candidate
for the vacant office. The President of the county government shall issue a Writ of Election to the Kent County Department of Elections,
which shall conduct the special election in accordance with the county ordinance.
(Code 1852, §§ 66, 68; 21 Del. Laws, c. 22, § 4; Code 1915, §§ 1037, 1056; 31 Del. Laws, c. 13, § 4; Code 1935, §§ 1185, 1224;
9 Del. C. 1953, § 304; 55 Del. Laws, c. 197, § 2; 56 Del. Laws, c. 103, § 5; 56 Del. Laws, c. 241, § 1; 63 Del. Laws, c. 190, § 2;
70 Del. Laws, c. 293, § 1; 73 Del. Laws, c. 63, § 1.)
§ 4104 Salaries of elected officials of the county governing body.
(a) In Kent County each of the elected officials of the county governing body shall receive a salary in an amount to be set by ordinance
of the Kent County Levy Court.
(b) The salaries of the officials shall be paid in equal semimonthly installments in Kent County by warrants according to the form
prescribed by the county government.
(c) Such officials shall not receive any other compensation for services performed by them, or any of them, in the office of elected
official.
(21 Del. Laws, c. 22, § 5; 22 Del. Laws, c. 50, § 5; 22 Del. Laws, c. 53, § 1; 22 Del. Laws, c. 54, § 5; 22 Del. Laws, c. 276, § 1;
22 Del. Laws, c. 279, § 1; 23 Del. Laws, c. 39, § 1; 27 Del. Laws, c. 50; Code 1915, §§ 1018, 1040, 1049; 28 Del. Laws, c. 76, §
6; 31 Del. Laws, c. 13, § 8; 40 Del. Laws, c. 126, § 6; Code 1935, §§ 1152, 1189, 1199; 45 Del. Laws, c. 110, § 1; 45 Del. Laws,
c. 122, §§ 1, 2; 46 Del. Laws, c. 298, § 1; 9 Del. C. 1953, § 309; 49 Del. Laws, c. 290, § 1; 50 Del. Laws, c. 421, § 1; 51 Del.
Laws, c. 277; 52 Del. Laws, c. 174, § 8; 53 Del. Laws, c. 222, § 9; 54 Del. Laws, c. 23, § 4; 54 Del. Laws, c. 215, § 10; 55 Del.
Laws, c. 85, §§ 3A, 3B; 57 Del. Laws, c. 692, § 1; 61 Del. Laws, c. 506, § 1; 65 Del. Laws, c. 163, § 3; 67 Del. Laws, c. 255, § 1.)
§ 4105 Redistricting required.
It shall be the mandatory duty of the Kent County Levy Court to redistrict the Kent County Levy Court Districts described at § 4102(b)
of this title after each regular United States decennial census commencing with the 1990 United States decennial census. Nothing herein
shall operate to change the number of Levy Court Districts established at § 4102(a) of this title.
(67 Del. Laws, c. 235, § 1.)
§ 4106 Redistricting procedures.
(a) Whenever a changing of the boundaries of the Levy Court Districts is required by § 4105 of this title, the Levy Court shall, within
60 days after the official reporting of the federal decennial census by the President to Congress, appoint 7 electors of the County who
shall comprise a Redistricting Commission. The members of the Redistricting Commission shall be appointed by the Levy Court, 1 from
each of the Levy Court Districts of the County, and shall not be employed by the County in any other capacity. No more than 4 of the
members shall be affiliated with the same political party.
(b) Within 90 days of being appointed, the Redistricting Commission shall file with the President of the Levy Court, or the President’s
designee, a report containing a recommended plan for adjusting the Levy Court District boundaries of Districts 1 through 6 to comply
with the following specifications:
(1) Each District shall contain contiguous territory;
(2) Each District shall contain as nearly as possible the same number of inhabitants and no District shall deviate in population more
than 15% from the average population for the 6 Districts, the average to be obtained by dividing the number 6 into the total population
of the County according to the most recent decennial census.
The 7th District shall constitute all of Kent County.
(c) The report of the Redistricting Commission shall include a map and a written description of the Levy Court Districts recommended
and shall be in the form of a proposed ordinance. Once filed with the President of the Levy Court, or the President’s designee, the report
shall be treated as an ordinance introduced by a member of the Levy Court.
(d) The procedure for the Levy Court’s consideration of the report shall be the same as for other ordinances, and the Levy Court is
empowered to modify the recommended plan subject, however, to the standards set forth in subsection (b) of this section.
(e) The Levy Court shall adopt a redistricting ordinance within 60 days after the report of the Redistricting Commission has been filed
with the President of the Levy Court or the President’s designee. If a redistricting ordinance has not been adopted by the Levy Court
within 60 days of filing the report by the Redistricting Commission, the redistricting plan as submitted by the Redistricting Commission
shall become effective as if it had been adopted by the Court.
(f) The Levy Court is authorized to make those adjustments to the new Levy Court boundaries approved by enactment of County
Ordinance No. 91-07 which have been identified by the Kent County Department of Elections as being necessary to bring their boundaries
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into harmony with new House and Senate District boundaries; provided, however, that no change shall be made which would have the
effect of moving the total population of any Levy Court District above or below its legally required maximum or minimum population.
(67 Del. Laws, c. 235, § 1; 68 Del. Laws, c. 225, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4107 Early termination of terms of office.
The term of any Levy Court Commissioner (except the commissioner representing the 7th Levy Court District which is comprised of
the County as a whole) which would not otherwise terminate on the first Tuesday in January following the election of Commissioners
immediately following a redistricting shall terminate on such date, if, as a result of redistricting of the Levy Court, a Commissioner is
placed in the same District as another member of the Levy Court whose term does not expire at the same time, otherwise the Commissioner
shall continue to represent the new District in which the Commissioner resides until the expiration of the term of office.
(67 Del. Laws, c. 235, § 1; 70 Del. Laws, c. 186, § 1.)
Subchapter II
Powers and Duties
§ 4110 General powers; county government procedures; ordinances.
(a) In addition to the powers specifically enumerated by statutes in this title and elsewhere, the government of Kent County shall
assume and have all powers which under the Constitution of the State it would be competent for the General Assembly to grant by specific
enumeration, and which are not denied by statute, including, but not limited to, any powers conferred prior to July 3, 1985, the General
Assembly upon Kent County, or upon the Levy Court of Kent County, or upon the Levy Court Commissioners of Kent County, or upon
the officers or employees of Kent County, or upon counties generally, or upon Levy Court Commissioners generally or upon the Levy
Court generally.
(b) This grant of power includes the power to:
(1) Fix a tax rate upon the assessed valuation of all real property in Kent County, subject to assessment by the County;
(2) Fix an additional tax rate upon the assessed valuation of all real property, subject to assessment, located in unincorporated areas
in Kent County for the limited purpose of providing financial support for public safety services to be provided by the County, or its
agents to unincorporated areas of Kent County; and
(3) Add surcharges on any application for a building permit issued by the county:
a. In an amount not to exceed .5% of the construction value applicable to said building permit application to provide funding for
volunteer fire companies; and
b. In an amount not to exceed 1.25% of the construction value applicable to said building permit application to provide funding
for the local share of any school capital construction program having received a Certification of Necessity from the Secretary of
Education of the Department of Education pursuant to § 7510 of Title 29, as amended; provided however, this surcharge shall not
be applicable to an application for a building permit having a construction value of $30,000 or less and such application is made
after the issuance of the original certificate of occupancy.
(c) This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the
exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies.
(d) This grant of power does not repeal or modify the doctrine of sovereign immunity as it now exists so as to broaden or increase the
limitations of legal actions against Kent County.
(e) This grant of power includes the right of the Levy Court to receive moneys or grants from this State or the United States; and the
Levy Court may enter into agreements or contracts with this State or the United States relating to such moneys or grants. The Levy Court
may enact resolutions providing for programs and services for purposes for which the federal or state funds are granted to the County and
to spend out of County funds any share required as a condition of the grants.
(f) The powers of Kent County shall be construed liberally in favor of the County, and specific mention of particular powers in this
title shall not be construed as limiting in any way the general powers stated herein.
(g) (1) The county government shall meet regularly. The place and dates of such meetings shall be established by the county government
as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on the call of the President of
the county government or of a majority of the members of the county government in accordance with rules adopted as a part of the rules
of procedure of the county government.
(2) The county government shall determine its own rules and order of business and shall provide for keeping a journal of its
proceedings which shall be a public record.
(3) Voting, except on procedural motions, shall be on roll call and the ayes and nays shall be recorded in the journal. A majority of all
members of the county government shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent members in the manner and subject to the penalties prescribed by the rules of the county government. No action
of the county government, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of
a majority of all of the members of the county government.
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(h) All actions of the county government which shall have the force of law shall be by ordinance.
(i) (1) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those
relating to the budget or appropriation of funds and those relating to the adoption or revisions of the County Code, shall contain more than
1 subject which shall be clearly expressed in its title. The enacting clause shall be “The County of Kent hereby ordains.” Any ordinance
which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance, sections or
subsections to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets and shall indicate new
matter by underscoring or by italics.
(2) An ordinance may be introduced by any member at any regular or special meeting of the county government. Upon introduction
of any ordinance, the Clerk of the county government shall distribute a copy to each elected official of the county governing body and
to the County Administrator; shall file a reasonable number of copies in the office of the Clerk of the county government and such
other public places as the county government may designate; shall, in 1 newspaper in general circulation in the county, publish in bold
type the ordinance or the title thereof together with a notice setting out the time and place for a public hearing thereon by the county
government; and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and
others who may be affected by such ordinance. The public hearing shall follow the publication by at least 7 days, may be held separately
or in connection with a regular or special county government meeting and may be adjourned from time to time, and all persons interested
shall have a reasonable opportunity to be heard. The county government may make rules governing the holding of public hearings.
After the public hearing, the county government may adopt the ordinance with or without amendment or reject it, but if it is amended
as to any matter of substance which is not embraced within the title of the ordinance, the county government may not adopt it until the
ordinance or its amended sections have been subjected to all of the procedures hereinbefore required in the case of a newly-introduced
ordinance. As soon as practicable after adoption of any ordinance, the Clerk of the county government shall number the ordinance and
have it, or its title, published again, 1 time in a newspaper of general circulation in the County, together with a notice of its adoption.
(3) Except as otherwise provided in this title, every adopted ordinance shall become effective immediately unless the ordinance
itself stipulates a different date.
(j) To meet a public emergency affecting life, health, property or the public peace, the county government may adopt emergency
ordinances, but such ordinances may not levy taxes, grant, review or extend a franchise, or authorize the borrowing of money except to
issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances
generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without
amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed
for other adopted ordinances. It shall become effective immediately upon adoption or at such later time as it may specify. An emergency
ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency
ordinances.
(k) The Clerk of the county government shall authenticate by his or her signature and record in full, in a properly indexed book kept
for that purpose, all ordinances and resolutions adopted by the county government.
(l) The surcharges otherwise added by paragraph (b)(3) of this section shall not be added to building permits applied for by an
organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] which provides owneroccupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without
profit, nor to the Delaware State Housing Authority nor to any applicant funded by the Delaware State Housing Authority.
(65 Del. Laws, c. 101, § 1; 65 Del. Laws, c. 450, § 3; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 92, § 1; 75 Del. Laws, c. 408, §§
1, 2, 4.)
§ 4111 Creation of debt; authorization, procedures, debt limitation and anticipation borrowing.
(a) The Levy Court shall exercise all powers of Kent County in connection with the creation of debt, and shall have the power to
authorize the issuance of bonds and notes of Kent County to finance the cost of any object, program or purpose for which Kent County, or
any officer, department, board or agency thereof, is, by this title or by any other law, authorized to raise, appropriate or expend money, or
for the implementation and performance of functions, programs and purposes specified in this title or in any other law applicable to Kent
County; provided, however, that the Levy Court shall not have authority to create or to authorize the creating of any bonded indebtedness
for any of the following purposes: The payment of any operating expenses; the payment of any judgment resulting from the failure of
the County to pay any item of operating expense; or the payment for any equipment or any public improvements of a normal life of
less than 3 years. The foregoing limitations shall not apply should the Levy Court unanimously declare the existence of an emergency
due to public calamity.
(b) The powers conferred by this subchapter shall be in addition to and not in substitution for or in limitation of the powers conferred
by any other law. Bonds and notes may be issued under this subchapter for any object or purpose for which Kent County is by this chapter
or any other law authorized to raise or appropriate or expend money notwithstanding that any other law may provide for the issuance
of bonds or notes for the same or like purposes and without regard to the requirements, restrictions or other provisions contained in any
other law. Bonds and notes may be issued under this subchapter notwithstanding any debt or other limitation prescribed by any other law,
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and the mode and manner of procedure for the issuance of bonds and notes and the adoption of the ordinance authorizing issuance of the
bonds or notes under this chapter need not conform to the provisions of any other law or any other provision of this chapter.
(c) Bonds and notes issued pursuant to this subchapter shall be authorized by ordinance of the Levy Court approved by not less than
5
/7 of all of the members thereof. Each such ordinance shall state in brief and general terms the objects or purposes for which the debt
is to be incurred and the maximum aggregate principal amount of debt to be incurred for each such object or purpose. Such ordinance,
or a subsequent resolution of the Levy Court, shall specify, or may delegate authority to the County Administrator to determine, with
respect to any bonds and notes; their date or dates; their maturity; the security therefor, if any, including a pledge of the County’s full
faith and credit, federal or state grants or other revenues or property; provisions for either serial or term bonds; sinking fund or other
reserve fund requirements, if any; provisions for redemption prior to maturity, if any, with or without premium; the interest rate or rates
and any limitations with respect thereto or the manner of their determination; the times and place or places within or without this State for
the payment of principal and interest; the method of execution; the form; provisions for the consolidation of debt authorized for several
objects and purposes pursuant to 1 or more ordinances into 1 consolidated issue; provisions for the receipt and deposit or investment of
any good faith deposit; provisions for the public or private sale of the debt instruments; and such other terms and conditions as the Levy
Court may determine to be in the best interest of the County. Debt incurred by the County pursuant to this subchapter may be represented
by uncertificated obligations of the County which may be applicable to bonds and notes which are permitted to be issued under this
subchapter, and the Levy Court by resolution may determine, or it may delegate authority to the County Administrator to determine, all
procedures appropriate to the establishment of a system of issuing uncertificated debt.
(d) The Levy Court may pledge the full faith and credit of the County to secure the payment of the principal, interest and premium, if
any, on any debt incurred pursuant to this subchapter and/or may pledge any other security therefor. With respect to any debt to which the
County’s full faith and credit is pledged, the authorizing ordinance and the debt instruments issued shall contain the declaration that the
principal, interest and premium, if any, are to be paid by ad valorem taxes on all real property subject to taxation by the County without
limitation as to rate or amount and that the full faith and credit of the County are pledged for payment. The Levy Court shall annually
levy and collect a tax ad valorem upon all property taxable by the County sufficient to pay the principal of and interest on each bond or
note secured by the County’s pledge of its full faith and credit as such principal and interest become due; provided, however, such tax
may be reduced by the amount of other moneys appropriated and actually available for such purpose or provided for by local or special
assessments or local service taxes.
(e) The outstanding general obligation bonded indebtedness of Kent County secured by the full faith and credit of the County may not
exceed 12 percent of the assessed valuation of all real property subject to taxation within the County. The outstanding bonded indebtedness
of the County not secured by the County’s full faith and credit is without limitation as to amount.
(f) The proceeds from the sale of bonds and notes issued under this subchapter shall be used only for the object or purpose or objects
or purposes specified in the ordinance authorizing such bonds or notes for the payment of the principal of and interest on temporary loans
made in anticipation of the sale of such bonds or notes. If for any reason any part of such proceeds are not applied to or are not necessary
for such purposes, such unexpended part of such proceeds shall be applied to the payment of the principal of or interest on such bonds or
notes no later than the earliest date on which such bonds or notes may be called for redemption without premium.
(g) All bonds, notes or other evidences of indebtedness issued pursuant to this subchapter shall recite that they are issued for a purpose
or purposes as specified in the authorizing ordinance or resolution and that they are issued pursuant to the terms of the Constitution and
laws of this State and the County. Upon the sale and delivery of any such bonds, notes or other evidences of indebtedness against payment,
such recitals shall be conclusive as to the right, power and authority of the County to issue the same and of the legality, validity and
enforceability of the obligation of the County to pay principal of and interest on the same. In case any County official whose signature
or a facsimile thereof shall appear on any such bonds, notes or other evidences of indebtedness shall cease to be such officer before the
delivery of such obligation, or in case the seal of the County which appears on any such obligation shall change before the delivery of
such obligation, such signature, seal or facsimile thereof shall nevertheless be valid and sufficient for all purposes as if such officer had
remained in office and as if such seal had not changed. The legality, validity and enforceability of such bonds, notes or other evidences
of indebtedness shall never be questioned in any court of law or equity by the County or any person after the issuance, execution and
delivery against payment for the same. All such bonds, notes and other evidences of indebtedness are hereby declared to have all the
qualities and incidents of negotiable instruments under the Commercial Code of this State.
(h) Notwithstanding any limitations herein to the contrary, the Levy Court may borrow in the anticipation of the collection of taxes or
other revenues budgeted for any purposes for which taxes are levied.
(43 Del. Laws, c. 106, § 1; 47 Del. Laws, c. 252, § 1; 9 Del. C. 1953, § 4111; 49 Del. Laws, c. 340; 54 Del. Laws, c. 53; 55 Del.
Laws, c. 123; 56 Del. Laws, c. 83, § 1; 62 Del. Laws, c. 297, § 1; 65 Del. Laws, c. 101, § 2.)
§ 4112 Employment by county officers of a chief deputy and clerks.
The county government may authorize any county officer to employ a chief deputy and such clerical assistance as may, in the judgment
of the county government, be necessary, and may fix their compensation. The compensation shall be paid by warrants according to the
form to be prescribed by the county government, and drawn on the Receiver of Taxes and County Treasurer.
(31 Del. Laws, c. 13, § 16; 32 Del. Laws, c. 67, § 1; Code 1935, § 1191; 44 Del. Laws, c. 100, § 2; 9 Del. C. 1953, § 4112; 51
Del. Laws, c. 103, § 1.)
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§ 4113 Mileage and expenses of county officers and employees.
The county government may pay mileage, as provided in § 9121 of this title, to county officers, including deputies and clerks, for
travel in the necessary conduct of county business as well as expenses actually incurred in the carrying out of such county business. This
section shall not be construed to allow the payment of mileage to officials, deputies or clerical assistants to or from their home and their
place of employment.
(Code 1935, § 1191; 44 Del. Laws, c. 100, § 2; 9 Del. C. 1953, § 4113.)
§ 4114 Employment of Courthouse janitor [Repealed].
(31 Del. Laws, c. 13, § 16; 32 Del. Laws, c. 67, § 1; Code 1935, § 1231; 9 Del. C. 1953, § 4114; repealed by 81 Del. Laws, c. 296,
§ 1, effective July 1, 2018.)
§ 4115 Removal of appointed officers; appeal.
(a) The county government may remove from office any person appointed by it, for sufficient cause shown, and after due hearing.
(b) Any person so removed may appeal from the decision of the county government to the Superior Court, which shall, upon such
appeal, either affirm or overrule the decision of the county government. If the decision be overruled, the person appealing shall be remitted
to that person’s office or employment and shall be entitled to all arrears of compensation.
(31 Del. Laws, c. 13, § 17; Code 1935, § 1234; 9 Del. C. 1953, § 4115; 70 Del. Laws, c. 186, § 1.)
§ 4116 Sinking fund.
The county government may create a sinking fund for public buildings, public improvements, and public works generally, and for such
purposes may open a special bank account in the name of the Receiver of Taxes and County Treasurer of the County and may deposit
therein such sums at such times as the county government deems advisable. The money in such fund shall be paid out upon warrants as
other county moneys are paid out according to law, at such times and in such amounts and for the above stated purposes or for any of
such purposes, as the county government shall determine.
(9 Del. C. 1953, § 4116; 56 Del. Laws, c. 103, § 1.)
§ 4117 County Engineer and other employees; appointment and duties.
(a) The county government may appoint a County Engineer for such term, and at such compensation as it deems proper. The County
Engineer shall be responsible for and have general supervision over all public engineering work in the County including, but not limited
to, the construction of sanitary sewers, trunk lines, sewerage disposal plants, sanitary sewer systems in general and maintenance thereof,
drainage, construction, lighting service and other projects of a public nature.
(b) The county government may employ, for such periods and for such compensation as it deems proper, such draftsmen, rodmen, and
assistants as, in its opinion, are necessary to carry on such public work.
(9 Del. C. 1953, § 4117; 56 Del. Laws, c. 103, § 2.)
§ 4118 Dumping of garbage, rubbish, ashes or other waste material.
The county government may regulate or prohibit the dumping of garbage, rubbish, ashes or other waste material in or upon land
within the County outside of any incorporated municipality and, for that purpose, enact and from time to time amend or rescind, suitable
ordinances, rules or regulations.
(9 Del. C. 1953, § 4118; 56 Del. Laws, c. 103, § 3.)
§ 4119 Rivers, creeks, or small runs; widening, straightening.
(a) In case the county government, upon the advice of the County Engineer, deems it advisable to widen, straighten or alter the course
of any part of any small run, river or creek in the County; the county government and the County Engineer may enter upon any land for
the purpose of surveying and locating the changes necessary to widen, straighten or alter the course of any part of such river, run or creek.
(b) Any person owning land which it will be necessary to procure for such purpose may dedicate the same for such purpose, and the
county government may enter into negotiations with the owner or owners for that purpose, and may secure the necessary conveyance or
dedication of the land. The county government may also purchase the land from the owner or owners thereof upon such terms as the county
government deems advisable. All conveyances and dedications shall be to the State, for the use of Kent County, and all conveyances,
dedications and other papers relating to the acquirement of such land for such purpose shall be and remain a part of the records of the
office of the County Engineer.
(9 Del. C. 1953, § 4119; 56 Del. Laws, c. 103, § 4.)
§ 4120 Emergency dispatch center.
The county government may establish and maintain an emergency dispatch center to be used in connection with fire, ambulance, rescue
services, and other emergencies which occur throughout the County.
(9 Del. C. 1953, § 4120; 58 Del. Laws, c. 488.)
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§ 4121 State or federal aid and programs.
The Kent County government may receive money or grants from the State or the United States of America and may enter into agreements
or contracts with the State or the United States relating to such money or grants. The Kent County government is authorized to enact
resolutions providing for programs and services for the purposes for which said federal funds are granted to the Kent County government
and to spend out of county funds any share required as a condition of said grants.
(59 Del. Laws, c. 287, § 1.)
§ 4122 Investment powers.
The county government by its Levy Court may authorize and order the investment of idle funds kept as surplus and not reasonably
required to be maintained on a demand basis in such manner as recommended by the Director of Finance. Investment of county funds
shall be in accordance with general state law and the ordinances of the county government governing such investments. All interest or
investments and moneys so earned from these idle or surplus funds shall accrue only to the benefit of the County of Kent.
(62 Del. Laws, c. 152, § 1; 80 Del. Laws, c. 209, § 3.)
§ 4123 Department of Finance.
(a) Department of Finance, general. — There shall be a Department of Finance under the direction of the County Administrator which
shall be responsible for the administration of the budgeting, accounting, purchasing, treasury, and other financial affairs of Kent County.
(b) Director of Finance. — The Director of Finance shall be the head of the Department of Finance. The Levy Court shall appoint the
Director of Finance and fix the Director’s compensation.
(c) Former functions, duties, and powers of the County Comptroller. – The Department of Finance, under the authority of the Director of
Finance, shall perform all of the functions assigned to and possess all of the duties and powers previously held by the County Comptroller,
including all of the following:
(1) Audit the accounts of the county government.
(2) Countersign all warrants drawn by order of the county government for the payment of money.
(3) During January and July of each year, audit, inspect, and examine the books, accounts, papers, records, and dockets of the clerk
of the peace, sheriff, recorder, register of wills, and other county officers and confirm the amount paid to the County in fees.
(4) Annually examine the books of all public institutions within the County that are supported wholly or in part by the County and
issue a written report to the county government containing the result of such examination.
(5) Keep a record of accounts, in which shall be entered all items of expenditure, all warrants drawn, to whom made payable, and
for what particular work or other cause. All written contracts made by the county government shall be deposited in the Department’s
custody and the Department shall enter all such contracts upon its records.
(6) Before countersigning any warrant, inquire into and carefully investigate. To fulfill this duty, the Director of Finance may issue
summons for the attendance of witnesses, compel the production of books and papers pertinent to the transaction, administer oaths and
affirmations, and ascertain the truth of the transaction inquired into.
(7) Audit and mark “correct” all bills before allowance by the county government. No bill shall be passed by the county government
without such an endorsement by the Department. If the Director refuses to allow any item of expenditure, to countersign any warrant,
or to endorse any bill, the Director shall immediately transmit to the county government the Director’s reasons for refusal in writing.
The county government shall consider the Director’s reasons for refusal and may, by a vote of the majority of the elected officials of
the county government, overrule the Director’s refusal. If the Director’s refusal is overruled, the Director shall allow the expenditure
and countersign the warrant, or endorse the bill in conformity with the judgment of the majority of the elected officials of the county
government.
(8) Adopt and use a facsimile of the Director’s signature as provided by Chapter 54 of Title 29.
(77 Del. Laws, c. 247, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 209, § 4.)
§ 4124 Receiver of Taxes and County Treasurer functions.
(a) Functions. — The Department of Finance shall perform all of the functions heretofore assigned to the Receiver of Taxes and County
Treasurer under this title.
(b) Assessment of property. — The Department of Finance shall assess all property subject to taxation by the County and maintain
appropriate records. In the performance of its functions relating to the assessment of property, the Department of Finance shall exercise
the assessment functions heretofore assigned to the Board of Assessment. To this end, not later than April 1 of each year, the Department
of Finance shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Department
shall determine the form of the assessment roll and shall not be bound by provisions of law heretofore in effect as to form. The Board
of Assessment Review or its representatives shall sit in its offices during each secular day from April 1 through April 15 of each year
to hear appeals and make additions, alterations or corrections to the assessment that may be necessary. After the closing of the hearings,
the settlement of all appeals, and the adjustment of the assessment lists, the Board of Assessment Review shall certify to the Department
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of Finance a true and correct assessment roll for the year. Not later than May 1 of each year, the Director of Finance shall certify to
the county government the total value of all property in the County and the total value of all property which has been assessed and is
subject to taxation.
The Department of Finance shall determine by rule, the form, number of copies, and other details concerning the keeping of records
relating to assessment of real property and improvements thereupon. The Department of Finance shall develop a suitable system for the
identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such
system shall be in a form which readily permits the subdivision of property or the reassembly of property without loss of control thereof
for purposes of assessment.
(c) Collection of taxes. — The Department of Finance shall be responsible for the collection of all taxes, whether current or delinquent,
and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to April 27,
2010, in the Receiver of Taxes and County Treasurer. To this end, the Department of Finance shall be entitled to the use of and shall be
responsible for the application of all processes of law available prior to April 27, 2010, to the Receiver of Taxes and County Treasurer,
provided that the Department shall not be required to make any routine reports to the Levy Court concerning the collection of taxes other
than a monthly statement in appropriate summary form and the annual report.
(d) Records of tax delinquencies. — The Department of Finance shall maintain a suitable record of the payment or nonpayment of taxes
with respect to each parcel of real property in the County. Not later than 60 days after the close of each fiscal year, the Department shall
prepare a summary of the outstanding taxes which have been levied and not collected for each of the preceding 2 years or for such longer
period as the Levy Court shall prescribe. Such summary shall be fully supported by detailed records of delinquent taxes.
(e) Collection of taxes other than those upon real estate. — The Department of Finance shall perform all responsibilities heretofore
assigned to any office, department, or board of Kent County in the assessment and collection and enforcement of capitation taxes and
any other taxes heretofore levied in Kent County.
(77 Del. Laws, c. 247, § 3; 78 Del. Laws, c. 142, § 3.)
§ 4125 Board of Assessment Review.
(a) Levy Court, by ordinance, shall establish a Board of Assessment Review. The Board of Assessment Review shall consist of 7
members. The Levy Court shall appoint one member from each of the Levy Court Districts. The term and residency requirements of
each member shall be determined by Levy Court. Levy Court shall provide compensation in the amount not to exceed $100 per meeting
for members and $125 per meeting for the chairperson. Furthermore, Levy Court shall provide for the filling of vacancies on the Board
of Assessment Review.
(b) The Board of Assessment Review shall perform all functions as established by Levy Court through ordinance and as otherwise
provided in this title.
(78 Del. Laws, c. 142, § 2.)
Subchapter III
Authorized Appropriations
§ 4131 Fire companies.
The county government shall appropriate annually, and on May 1 of each year shall pay, the sum of $250 to each regularly organized
and motorized fire company in Kent County, as certified by the Secretary of Kent County Volunteer Firemen’s Association, for the
maintenance and upkeep of their fire equipment.
(Code 1935, § 1194A; 45 Del. Laws, c. 116, § 1; 9 Del. C. 1953, § 4131.)
§ 4132 Kent County Volunteer Firemen’s Association.
(a) The government of Kent County shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer
Firemen’s Association, the sum of $13,500 to be distributed by the Firemen’s Association equally to each of the regularly organized and
motorized fire companies, members of the Association, for the maintenance and upkeep of the fire equipment of the member companies.
(b) The county government shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen’s
Association the sum of $800 to be used for the maintenance of radio equipment used in connection with volunteer fire fighting apparatus
throughout the County.
(39 Del. Laws, c. 4, § 1; 40 Del. Laws, c. 127; Code 1935, § 1194; 45 Del. Laws, c. 115; 47 Del. Laws, c. 8, § 1; 9 Del. C. 1953, §
4132; 49 Del. Laws, c. 330; 51 Del. Laws, c. 46; 56 Del. Laws, c. 87.)
§ 4133 Ambulance service.
(a) So long as any of the organizations listed in this subsection shall have an ambulance and provide ambulance service for the benefit
of the residents of Kent County, the county government shall appropriate annually and on July 1 in each year shall pay the sum of $750
to such organization for the maintenance of its ambulance:
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(1) Robbins Hose Company, No. 1, at Dover;
(2) David C. Harrison Post, No. 14, Inc., American Legion, at Smyrna;
(3) Camden-Wyoming Fire Company.
(b) So long as Carlisle Fire Company, of Milford, shall have an ambulance and provide ambulance service for the benefit of the residents
of Kent and Sussex Counties, the county government may annually appropriate for and pay to such Company the sum of $250 for the
maintenance of its ambulance.
(41 Del. Laws, c. 104, § 1; 43 Del. Laws, c. 103, § 1; 43 Del. Laws, c. 104, § 1; 47 Del. Laws, c. 83, § 1; 9 Del. C. 1953, § 4133;
51 Del. Laws, c. 146; 55 Del. Laws, c. 386.)
§ 4134 Rescue service.
The county government shall appropriate the sum of $750 annually to each of the regularly organized and motorized fire companies in
Kent County for the maintenance of their rescue squad. Such sum shall be paid by the county government to each of the fire companies
entitled thereto, certified by the Secretary of the Kent County Volunteer Firemen’s Association on July 1 of each year.
(9 Del. C. 1953, § 4134; 53 Del. Laws, c. 160.)
§ 4135 Cities and towns; aid for maintenance of public dumping areas.
The county government may negotiate with the proper authorities of the various cities and towns, and with private individuals or
contractors within the County as to the establishment of public dumping areas open to the use of the general public, and further the county
government may expend a sum not to exceed $75,000 as cost to the County in the purchase of land for said disposal or in the various
contracts with the towns, cities and private individuals or contractors. The county government may tax the general public of Kent County
annually to defray the cost and expenses of the public dumping areas.
(9 Del. C. 1953, § 4135; 56 Del. Laws, c. 234, § 1.)
§ 4136 Appropriations for community services.
The county government may appropriate each year for community services of general benefit to the County and its residents such
amounts as it may deem just and proper.
(9 Del. C. 1953, § 4136; 58 Del. Laws, c. 354, § 1.)
§ 4137 Appropriations for county records and assessments.
The county government may determine whether additional methods or procedures relating to county records and assessments are
required for Kent County, and may direct the payment therefor from the general funds of the County.
(9 Del. C. 1953, § 4137; 58 Del. Laws, c. 354, § 2.)
§ 4138 Sewer authorization loans.
The County is authorized to lend, to sewer districts created by the County, funds, other than general funds of the County or funds
dedicated to purposes other than the construction or improvement of sewers in the County, any available funds on terms deemed
commercially reasonable by the Levy Court.
(64 Del. Laws, c. 441, § 1.)
Subchapter IV
Personnel Administration
§ 4151 Personnel Administration Board.
The county government shall, by ordinance, establish a Personnel Board and determine the membership, terms, qualifications,
compensation and duties of said Board.
(9 Del. C. 1953, § 4151; 56 Del. Laws, c. 103, § 11; 66 Del. Laws, c. 332, § 1.)
Subchapter V
Parks and Recreation Commission
§ 4152 Establishment by county government.
The county government may, by ordinance, establish a Parks and Recreation Commission and determine the membership, terms,
qualifications and compensation of said Commission.
(9 Del. C. 1953, § 4152; 57 Del. Laws, c. 748; 66 Del. Laws, c. 322, § 1.)
§ 4153 Functions.
The Parks and Recreation Commission shall perform the following functions:
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(1) Plan, supervise and conduct a comprehensive and coordinated program of cultural and physical recreation for the County;
(2) Plan, supervise and conduct a program of parks and park related activities for all of the parks of the County including any suburban
parks which may hereafter be established pursuant to Chapter 6 of this title;
(3) Promote, and, to the extent feasible, execute a cooperative recreational program with the public schools, other public agencies,
private agencies, and local citizen recreation councils;
(4) Develop plans for parks, recreation areas, and for the preservation of open space within the County and recommend to the county
government appropriate courses of action in regard thereto;
(5) Employ by and with the consent of the county government trained personnel in recreational programs and staff, including a
Director of Parks and Recreation;
(6) Make and enforce rules and regulations relating to the protection, care, and use of the areas it administers. No rules and regulations
shall become effective until such rules and regulations have been adopted by the county government after a public hearing thereon, the
time and place of which at least 30 days’ notice shall have been given by 1 publication in a newspaper of general circulation in the
County. Such notice should state the place at which copies of the rules and regulations may be obtained;
(7) Recommend to the county government such fees as it deems reasonable for the use of such facilities as may be provided in the
areas it administers, and the county government may establish and collect such fees from the users of the said areas.
(9 Del. C. 1953, § 4153; 57 Del. Laws, c. 748.)
§ 4154 Acquisition of land.
The county government may acquire land or any interest therein by purchase or gift within the County that it deems advisable in
furtherance of the purposes of this subchapter, but in no event shall the county government have the right to eminent domain for these
purposes.
(9 Del. C. 1953, § 4154; 57 Del. Laws, c. 748.)
§ 4155 Power to borrow money and issue bonds.
The county government may borrow money upon the faith and credit of the County as provided in this subchapter for the purpose of
acquiring land and property in furtherance of the purposes of this subchapter and for the purpose of securing the payment of such sum
to issue bonds in such denominations and bearing such rate of interest and in such form as the county government shall deem expedient.
The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.
(9 Del. C. 1953, § 4155; 57 Del. Laws, c. 748.)
§ 4156 Terms of bonds.
The county government shall decide upon and determine the form and time or times of maturity of the bonds provided that no bonds
shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the county government be made redeemable at
such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the county government
prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this subchapter,
as the county government may deem expedient.
(9 Del. C. 1953, § 4156; 57 Del. Laws, c. 748.)
§ 4157 Execution and record of bonds.
The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County
Treasurer, the President of the county government and the clerk of the peace, and shall be under the seal used by the county government.
Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and County Treasurer
and the county government shall keep a record of the bonds.
(9 Del. C. 1953, § 4157; 57 Del. Laws, c. 748.)
§ 4158 Sale of bonds.
The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in
custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that
any part or all of the bonds shall be sold, the county government may sell and dispose of the same at public sale after having advertised
the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid
to any members of the county government for effecting the sale or negotiation of such bonds.
(9 Del. C. 1953, § 4158; 57 Del. Laws, c. 748.)
§ 4159 Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County.
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(b) The county government in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition
to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Receiver
of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes
and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time
to time become due under the provisions of this subchapter.
(9 Del. C. 1953, § 4159; 57 Del. Laws, c. 748; 59 Del. Laws, c. 345, § 1; 63 Del. Laws, c. 142, § 20; 70 Del. Laws, c. 186, § 1.)
§ 4160 Deposit and use of proceeds of sale of bonds.
All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the
preparation and sale thereof, shall be deposited by the Receiver of Taxes and County Treasurer in any depository bank in the State, to
the credit of the county government in a separate account and payments thereof shall be made in the same manner as other payments by
the county government. No part of the money thus obtained, except as in this section provided, shall be used for any other purpose than
those stated in this subchapter and the purchasers or holders of the bonds shall not be bound to see to or be affected by the application
of the money realized from the sale of the bonds.
(9 Del. C. 1953, § 4160; 57 Del. Laws, c. 748; 59 Del. Laws, c. 345, § 2.)
§ 4161 Violations of rules and regulations.
(a) Whoever violates the rules and regulations promulgated by the county government shall be fined not less than $10 nor more than
$50 and costs for each offense, or imprisoned not more than 30 days, or both.
(b) All rules and regulations of the county government shall have the effect of law and shall be published in at least 2 newspapers of
general circulation in the territory to be affected, at least 30 days prior to the time the rule or regulation becomes effective, except in case
of an emergency when the county government shall give such advance notice as it deems necessary or desirable.
(c) Justices of the peace shall severally throughout the State have jurisdiction of violations of the rules and regulations of the county
government with the condition that any person arrested for such violation shall be taken before the closest available magistrate in the
County where such violation is alleged to have occurred.
(9 Del. C. 1953, § 4161; 57 Del. Laws, c. 748.)
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Title 9 - Counties
Part III
Kent County
Chapter 43
Pension for County Employees [Repealed]
§ 4301 Short title [Repealed].
(9 Del. C. 1953, § 4301; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4302 Definitions [Repealed].
(9 Del. C. 1953, § 4302; 51 Del. Laws, c. 164; 55 Del. Laws, c. 59; 56 Del. Laws, c. 297, § 2; 59 Del. Laws, c. 282, § 1; repealed
by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4303 Eligibility for retirement benefits; reduction because of other benefits [Repealed].
(9 Del. C. 1953, § 4303; 51 Del. Laws, c. 164; 55 Del. Laws, c. 213, § 1; 59 Del. Laws, c. 282, § 2; repealed by fulfillment of
former 9 Del. C. § 4323, eff. Apr. 5, 1988; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4304 Service in armed forces of the United States or in National Guard [Repealed].
(9 Del. C. 1953, § 4304; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4305 Retirement age; early retirement; mandatory retirement [Repealed].
(9 Del. C. 1953, § 4305; 51 Del. Laws, c. 164; 55 Del. Laws, c. 213, § 2; 59 Del. Laws, c. 282, § 3; repealed by fulfillment of
former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4306 Retirement pension benefits [Repealed].
(9 Del. C. 1953, § 4306; 51 Del. Laws, c. 164; 59 Del. Laws, c. 282, § 4; 65 Del. Laws, c. 313, § 1; repealed by fulfillment of
former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4307 Disability [Repealed].
(9 Del. C. 1953, § 4307; 51 Del. Laws, c. 164; 59 Del. Laws, c. 282, § 5; 64 Del. Laws, c. 75, § 1; repealed by fulfillment of former
9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4308 Submission of pension data to county government for determination of amount required to be raised
by taxation [Repealed].
(9 Del. C. 1953, § 4308; 51 Del. Laws, c. 164; 59 Del. Laws, c. 282, § 6; repealed by fulfillment of former 9 Del. C. § 4323, eff.
Apr. 5, 1988.)
§ 4309 Pension benefits; time and manner of payment; list of pensioners; optional forms [Repealed].
(9 Del. C. 1953, § 4309; 51 Del. Laws, c. 164; 59 Del. Laws, c. 282, § 8; repealed by fulfillment of former 9 Del. C. § 4323, eff.
Apr. 5, 1988.)
§ 4310 Retirement of employee [Repealed].
(9 Del. C. 1953, § 4310; 51 Del. Laws, c. 164; 59 Del. Laws, c. 282, § 9; repealed by fulfillment of former 9 Del. C. § 4323, eff.
Apr. 5, 1988.)
§ 4311 Preservation of pension records by Receiver of Taxes and County Treasurer [Repealed].
(9 Del. C. 1953, § 4311; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4312 Arbitration Commission [Repealed].
(9 Del. C. 1953, § 4312; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4313 Notice to employee of qualification for pension; resolution of county government [Repealed].
(9 Del. C. 1953, § 4313; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4314 Effect of receipt of pension or other benefits under other law [Repealed].
Repealed by 59 Del. Laws, c. 282, § 10, eff. Mar. 27, 1974.
§ 4315 Restrictions upon other employment by pensioner [Repealed].
(9 Del. C. 1953, § 4315; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
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Title 9 - Counties
§ 4316 Exemption of pension benefits from taxation, attachment; assignability of benefits [Repealed].
(9 Del. C. 1953, § 4316; 51 Del. Laws, c. 164; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4317 Funding [Repealed].
(59 Del. Laws, c. 282, § 7; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4318 Trustee [Repealed].
(59 Del. Laws, c. 282, § 7; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4319 Voluntary contributions [Repealed].
(59 Del. Laws, c. 282, § 7; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4320 Vested right to benefits [Repealed].
(59 Del. Laws, c. 282, § 7; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4321 Forfeitures for cause [Repealed].
(59 Del. Laws, c. 282, § 7; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4322 Effect of amendments [Repealed].
(59 Del. Laws, c. 282, § 7; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
§ 4323 Enactment of pension plan by ordinance [Repealed].
(66 Del. Laws, c. 147, § 1; repealed by fulfillment of former 9 Del. C. § 4323, eff. Apr. 5, 1988.)
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Title 9 - Counties
Part III
Kent County
Chapter 44
Building Permits and Construction Codes
§ 4401 Definitions.
As used in this chapter:
(1) “Building” means any structure, building, edifice or part thereof;
(2) “Chief of Building Inspections” means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy
Court or the Chief’s designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy
Court or the Acting Chief’s designee;
(3) “Construction” means alteration, removal, demolition, addition, repair or construction of any new or old building.
(4) “Person” means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;
(9 Del. C. 1953, § 4401; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4402 Application for construction permits.
(a) No person shall construct or cause to have constructed or commence the construction of a building without first filing with the
Chief of Building Inspections an application in writing for such construction and obtaining a permit therefor. Such application shall be
made on forms prescribed by the Chief of Building Inspections and shall contain such information as the Chief of Building Inspections
shall prescribe.
(b) Permits shall be issued in the name of the owner of the building.
(c) No such permit shall be issued to a nonresident person engaging in business as a contractor, as defined in Chapter 25 of Title 30, in
Kent County until the Chief of Building Inspections is satisfied that § 2502(b) of Title 30 has been complied with to the extent applicable.
(9 Del. C. 1953, § 4402; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4; 60 Del. Laws, c. 293, § 1.)
§ 4403 Reports on permits issued by incorporated cities or towns.
Building inspectors or other officers authorized by law to issue permits for construction of any buildings, in any incorporated city or
town in Kent County, shall report to the Board of Assessment of Kent County, within 10 days of the date of finalization and/or date of
issuance of a certificate of occupancy, every permit issued by them respectively. Every permit shall specify the estimated cost of the
proposed construction, and date the permit was finalized and/or a certificate of occupancy was issued.
(9 Del. C. 1953, § 4403; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 2; 68 Del. Laws, c. 369, § 1.)
§ 4404 Inspections.
The Chief of Building Inspections or the Chief’s designee shall make the necessary inspections to see that this chapter is complied with
and may order or compel the suspension of any work that is not in compliance with this chapter.
(9 Del. C. 1953, § 4404; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 3; 70 Del. Laws, c. 186, § 1.)
§ 4405 Fees.
The fees for issuing permits shall be prescribed by the county government.
(9 Del. C. 1953, § 4405; 52 Del. Laws, c. 164; 56 Del. Laws, c. 103, § 8; 56 Del. Laws, c. 241, §§ 2, 3; 66 Del. Laws, c. 131, § 1.)
§ 4406 Records.
(a) The Chief of Building Inspections shall keep a careful and comprehensive record of applications, permits issued, inspections made,
reports rendered and of notices or orders issued.
(b) The Chief of Building Inspections shall retain on file copies of all permits issued.
(c) All records may be open to public inspection at the discretion of the Chief of Building Inspections, but shall not be removed from
the office of the Chief of Building Inspections.
(9 Del. C. 1953, § 4406; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4.)
§ 4407 Permits required.
(a) A building permit shall be obtained from the county government for any new construction of any kind including additions or
alterations to existing structures.
(b) Before issuing a building permit, the county government may require the builder or homeowner to have a permit for waste disposal
from the Division of Environmental Control.
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(c) The county government may by resolution waive the requirement for a building permit under specified terms and conditions as may
be established by the county government but no waiver shall be permitted where the value of the work to be done exceeds $500.
(d) A building permit shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole,
elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which:
(1) Is greater than 200 feet in height above ground level;
(2) Is greater in height than an imaginary trapezoidal shape beginning at the end of a runway of a public use airport, at an initial width
of 50 feet and extending outward and upward at a slope of 100:1 for a distance of 20,000 feet, to a width of 3000 feet at its ending point;
(3) Is located within the approach runway area of each public use airport; or
(4) Otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal
Aviation Regulations (FAR) Part 77 [14 C.F.R. Part 77].
(e) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of
Aeronautics has approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the
county or municipality having land use jurisdiction, regarding any objections it has to the issuance of a building permit, within 30 days
of receipt of such permit for review.
(9 Del. C. 1953, § 4407; 52 Del. Laws, c. 164; 56 Del. Laws, c. 103, § 9; 59 Del. Laws, c. 199, § 1; 70 Del. Laws, c. 575, § 20.)
§ 4408 Notice of violation.
(a) Whenever the Chief of Building Inspections is satisfied that a building is being constructed without a permit first being
issued therefor, the Chief of Building Inspections may serve a written notice or order upon the person responsible therefor, directing
discontinuance of the construction until a permit has been obtained from the Chief of Building Inspections.
(b) No person having been served with such notice or order shall fail within 5 days to comply with the requirements thereof.
(9 Del. C. 1953, § 4408; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4.)
§ 4409 Occupancy.
Any building that has been constructed without a permit may not be occupied, maintained or used by any person except with permission
of the Chief of Building Inspections.
(9 Del. C. 1953, § 4409; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4.)
§ 4410 Penalties.
Penalties for offenses in this chapter of the Building Code of Kent County or of violations of this chapter shall be as prescribed by
ordinance of the county government of Kent County.
(9 Del. C. 1953, § 4410; 52 Del. Laws, c. 164; 66 Del. Laws, c. 131, § 2.)
§ 4411 County government to appropriate necessary funds.
The county government shall annually appropriate to the Chief of Building Inspections such funds that are necessary to carry out this
chapter.
(9 Del. C. 1953, § 4411; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4.)
§ 4412 Jurisdiction of Superior Court.
The Superior Court shall have jurisdiction over offenses committed under this chapter.
(9 Del. C. 1953, § 4412; 52 Del. Laws, c. 164.)
§ 4413 Exceptions.
This chapter, except for § 4403 of this title, shall not apply to structures and properties located within any incorporated city or town
in Kent County which has adopted and enforces a building code and building permit procedures.
(9 Del. C. 1953, § 4413; 57 Del. Laws, c. 475.)
§ 4414 Enforcement of construction codes; remedies.
(a) The enforcement of any code or regulation adopted by the county government under the authority of this chapter shall be as
prescribed by the county government by ordinance.
(b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land
is or is proposed to be used, in violation of this chapter or of any regulation or provision of any regulation or change thereof, enacted or
adopted by the county government, the attorney thereof, or any owner of real estate within the district in which such building, structure or
land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate
action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction,
alteration, maintenance or use.
(60 Del. Laws, c. 605, § 2; 65 Del. Laws, c. 304, § 1.)
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Title 9 - Counties
§ 4415 Construction using public financial assistance.
No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and no
occupancy or use permit shall be issued unless such building or structure complies with Chapter 42 of Title 31.
(78 Del. Laws, c. 368, § 2.)
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Title 9 - Counties
Part III
Kent County
Chapter 45
Sewers and Water
Subchapter I
General Provisions
§ 4501 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “County” means Kent County;
(2) “Revenue bonds” means bonds to the payment of which all or any part of the revenues derived from the operation of any water
system are pledged in accordance with this chapter;
(3) “Service charges” means rents, rates, fees or other charges charged or collected under § 4509 of this title;
(4) “Water system” means all real and personal property necessary or useful in the collection, acquisition, treatment, purification
and distribution of water, together with any principal or ancillary rights appurtenant thereto.
(9 Del. C. 1953, § 4501; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4502 Powers of County.
In addition to the other powers which it has, the County may, under this chapter:
(1) Plan, construct, acquire by gift, purchase, or the exercise of the right of eminent domain, reconstruct, improve, better or extend any
water system, and acquire by gift, purchase, or the exercise of the right of eminent domain, land or rights in land in connection therewith;
(2) Operate and maintain any water system and furnish the services and facilities rendered or afforded thereby;
(3) Issue its negotiable or nonnegotiable bonds to finance, either in whole or in part, the cost of the planning, acquisition, purchase,
construction, reconstruction, improvement, betterment or extension of any water system, pledging the full faith and credit of the County
to the punctual payment of the bonds and the interest thereon;
(4) Pledge to the punctual payment of the bonds and the interest thereon an amount of the revenues derived from the operation
of such water system (including the revenues of the existing facilities, if any, comprising a water system which is being improved,
bettered, extended or acquired, and the revenues to be derived from any improvements, betterments, extensions, thereafter constructed
or acquired), or of any part of any such water system, sufficient to pay, on either equal or priority basis, the bonds and interest as
the same become due and create and maintain reasonable reserves therefor, which amount may consist of all or any part or portion
of such revenues;
(5) Accept from any authorized agency of the state or federal government, or from persons, firms, or corporations, grants or
contributions for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of any water
system and enter into agreements with such agency respecting such loans and grants;
(6) Enter into and perform a contract or contracts with any person, municipality, or agency of the state or federal government for the
sale, purchase, treatment, purification, transmission or distribution of water.
(9 Del. C. 1953, § 4502; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4503 Water system within city or town.
No water system, or any part thereof, shall be constructed or maintained within the boundaries of any city or town situated in the County
without the consent of such city or town, except that transmission lines or mains may be constructed or maintained without consent. The
consent shall be given only by an ordinance adopted by the council or other governing body of the city or town in question, but once
given shall be irrevocable.
(9 Del. C. 1953, § 4503; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4504 Bonds; authorization, amount, terms, sale and interest rate.
(a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any sewerage or water
system may be authorized under this chapter and bonds may be authorized to be issued under this chapter to provide funds for such
purposes by resolution of the county government.
(b) The county government, in determining the cost of acquiring or constructing any water system, may include all costs and estimated
costs of the issuance of the bonds, all planning, engineering, inspection, fiscal and legal expenses, and interest which it is estimated will
accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed pursuant
to this chapter.
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(c) The bonds shall bear interest at such rates, may be in 1 or more series, may bear such dates, may mature at such times not
exceeding 40 years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such
registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants
and conditions, and may be in such form, either coupon or registered, as the resolution or subsequent resolutions provide.
(d) Any bonds issued pursuant to this chapter shall be sold at public sale and the county government shall advertise that they will receive
bids at such place or places as may be named in said advertisement for such bonds as may be determined by the county government.
(e) Sufficient notice of sale of said bonds shall be deemed to have been given if said notice shall have been published at least once 10
or more days before the date of sale, in at least 1 newspaper published in the County and in a financial journal published in the City of
New York, and no other publication of such notice of sale shall be necessary, and said bonds may be sold upon such terms and conditions
as may be set forth in such notice of sale, provided that the purchase price shall be not less than par and accrued interest.
(f) In the event that the bonds so offered for sale are not bid for, or if no legally acceptable bid is received for the bonds, they may be
sold under the direction of the county government at private sale upon the best terms they can obtain for the same, provided that they
shall not be sold at private sale for less than par and accrued interest and at a rate which shall not exceed 6% per annum.
(g) Without limiting the power granted the county government as to the terms and conditions which they may set forth in a notice of
sale, the county government may request bids and award the bonds upon any of the following conditions:
(1) Bidders may be invited to name a single rate of interest for the issue or issues contained in the notice of sale, in which event the
bonds can be awarded to the bidder offering to take all of the bonds at the lowest rate of interest, and as between bidders naming the
same lowest rate of interest, the amount of premium will determine the award; or
(2) Bidders may be invited, with respect to a single issue, a combined issue or several other issues of bonds included in 1 notice of
sale, to name 1 rate of interest for part of the bonds (having the earliest maturities) and another rate or rates for the balance of the bonds,
and may permit a different interest rate for each maturity, or may limit the number of rates which may be proposed. If proposals are so
invited, the bonds should be awarded to the bidder offering to purchase the bonds at the lowest net interest cost to the County, the net
interest cost to be determined by computing the aggregate amount of interest payable on the bonds from their date to their respective
maturities and by deducting from such aggregate amount the premium offered, if any.
(h) Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the county
government determines may be issued to the purchasers of bonds sold pursuant to this chapter.
(i) The rate of interest may be determined in advance of sale, or the bonds may be offered for sale at a rate of interest to be fixed by
the purchaser of such bonds.
(9 Del. C. 1953, § 4504; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4505 Authorized signatures on bonds; validity of issuance.
(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations
notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have
ceased to be officers of the County.
(b) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the
planning, acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the water system for which the
bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to
this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
(9 Del. C. 1953, § 4505; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4506 Payment of bonds, faith and credit of County; tax levy.
The full faith and credit of the County is pledged to the payment of any bonds issued by the County under this chapter. The county
government shall annually appropriate to the payment of such bonds and the interest thereon, the amounts required to pay such bonds and
interest as the same become due and payable. Notwithstanding any other law, the county government may levy an ad valorem tax, without
limitation as to rate or amount, upon all property taxable by the County to raise the moneys necessary to meet any such appropriation.
Section 4111 of this title is hereby repealed to the extent said section is inconsistent with this chapter.
(9 Del. C. 1953, § 4506; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4507 Authorization of covenants in bonds.
(a) In the event that the County issues bonds, the resolutions authorizing the issuance of such bonds may contain covenants as to:
(1) The purpose to which the proceeds of sale of the bonds may be applied and the use and disposition thereof;
(2) The use and disposition of the revenue of the water systems, the revenues of which are pledged to the payment of such bonds,
including the creation and maintenance of reserves;
(3) The issuance of other or additional bonds payable from the revenues of such water systems;
(4) The operation and maintenance of such water systems;
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Title 9 - Counties
(5) The insurance to be carried thereon and the use and disposition of insurance moneys;
(6) Books of account and the inspection and audit thereof;
(7) The terms and conditions upon which the holders of the bonds or any proportion of them, or any trustee therefor, shall be entitled
to the appointment of a receiver by the appropriate court, which court shall have jurisdiction in such proceedings, and which receiver
may enter and take possession of the water systems, operate and maintain them, prescribe service charges therefor, and collect, receive
and apply all revenue thereafter arising therefrom in the same manner as the County itself might do.
(b) This chapter and any such resolution or resolutions shall be a contract with the holders of the bonds, and the duties of the County and
of the county government and officers under this chapter, and any such resolutions shall be enforceable by any bondholder, by mandamus
or other appropriate suit, action or proceeding in any court of competent jurisdiction.
(9 Del. C. 1953, § 4507; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4508 Service charges; amount and application.
(a) If the County issues bonds under this chapter, the county government shall prescribe and collect reasonable service charges for the
services and facilities rendered or afforded by the water systems, the revenues of which are pledged to the payment of such bonds, and
shall revise such service charges from time to time whenever necessary.
(b) The service charges prescribed shall be such as will procure revenue at least sufficient:
(1) To pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged
or otherwise encumbered, including reserves therefor; and
(2) To provide for all expenses of operation and maintenance of such water systems, including reserves therefor.
(c) The service charges when collected shall be applied to the payment of the bonds and interest and to the expenses of such operation
and maintenance in accordance with the resolutions authorizing the bonds.
(9 Del. C. 1953, § 4508; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4509 Power to make charges; liability of users; computation of rates.
(a) The county government may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service
charges”) for direct or indirect connection with, or the use or services of, any water system. Such service charges may be charged to
and collected from any person contracting for such connection or use or service or from the owner or occupant, or both of them, of any
real property which directly or indirectly is or has been connected with a water system, or into which water from a water system may
enter directly or indirectly, and the owner or occupant, or both of them, of any such real property shall be liable for and shall pay such
service charges to the County at the time when and place where the county government, by ordinance, rule or regulation, determines that
such charges are due and payable.
(b) Such service charges shall, as near as the county government deems practicable and equitable, be uniform throughout the area served
by the water system, and may be based or computed either on the consumption of water on or in connection with the real property, making
due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real property, or on
the number and kind of plumbing fixtures or facilities on or in connection with the real property, or on the number of persons residing
or working on or otherwise connected or identified with the real property, or on a front footage basis, or on other factors determining the
type, class and amount of use or service of the water system, or on any combination of any such factors.
(9 Del. C. 1953, § 4509; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4510 Penalties for failure to pay charges.
(a) In the event that a service charge with regard to any parcel of real property is not paid as and when due, interest shall accrue and
be due to the County on the unpaid balance at the rate of 1 percent per month until the service charge, and the interest thereon, shall
be fully paid to the County.
(b) In the event that any service charge with respect to any parcel of real property is not paid as and when due, the county government
may, in its discretion, enter upon such parcel and cause the connection thereof leading directly or indirectly to the water system to be
cut and shut off until the service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon
is fully paid.
(9 Del. C. 1953, § 4510; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4511 Lien of service charges on real estate.
(a) In the event that any service charge is not paid as and when due, the unpaid balance thereof and any interest accrued thereon shall
be a lien on the parcel of real property with regard to which the service charge was made. The lien shall be superior and paramount to the
interest in such parcel of any owner, lessee, tenant, mortgagee or other person, except the lien of taxes.
(b) If any service charge or any part of a service charge remains unpaid at the end of 2 years after the due date, the county government
shall institute proceedings for the enforcement of the lien, and levy the service charge as an assessment with interest thereon accrued, and
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all costs thereon, upon the grounds and buildings with regard to which a service charge was made. The grounds and buildings, or any part
thereof, shall be sold by the Sheriff of the County, after the giving of notice in the manner provided for other sales of real estate by the
Sheriff, and a deed from the Sheriff shall convey to the purchaser all of the right, title and interest of the owner of the grounds and buildings.
(c) The Sheriff shall, out of the purchase money of the premises so sold, pay all costs arising from the process and sale to the parties
entitled thereto respectively, and shall pay the amount of the service charge with accrued interest thereon to the county government. The
residue of the purchase money shall be immediately deposited to the credit of the owner or owners of the property so sold in a state or
national bank having its principal office in the State.
(9 Del. C. 1953, § 4511; 55 Del. Laws, c. 255; 63 Del. Laws, c. 142, § 21; 71 Del. Laws, c. 232, § 1.)
§ 4512 Water lien docket.
The Prothonotary shall, under the supervision and direction of the county government, prepare a docket to be known as “The Kent
County Water Lien Docket” [Docket] in which shall be recorded the liens for service charges. The Docket shall be prepared at the expense
of the county government in substantially the same form as the judgment docket for Kent County, and contain in the back thereof an
index according to the name of the owner against which such lien has been assessed. No water lien shall be valid unless duly recorded as
provided in this section. All water liens duly recorded in the Docket shall continue in full force and effect until the liens have been satisfied
by payment, and when such liens are satisfied by payment the Prothonotary, acting under the supervision and direction of the county
government, shall satisfy the record by entering thereon the date of final payment and the words “satisfied in full.” The Prothonotary, for
the use of the county government, shall receive a fee of $0.50 for each satisfaction so entered.
(9 Del. C. 1953, § 4512; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4513 Water consumption statement and other information for county government or its designated agent.
(a) Each municipality or public corporation, or other person, owning or operating any system of water distribution serving 3 or more
parcels of real property in the County shall, from time to time after request therefor by the county government or its designated agent,
deliver to the county government or its designated agent a statement showing the amount of water supplied to every parcel of real
property as shown by the records of the municipality or public corporation or other person. The statements shall be delivered to the county
government or its designated agent within 10 days after request is made for them, and the county government or its designated agent shall
pay the reasonable cost of preparation and delivery of such statements.
(b) The occupant of every parcel of property, the water for which is supplied by any water system of the County, shall, upon request
therefor by the county government or its designated agent, furnish to the county government or its designated agent information as to the
amount of water consumed by such occupant or in connection with such parcel and the number and kind of water outlets, and plumbing
fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
(9 Del. C. 1953, § 4513; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4514 Discontinuance of water supply for failure to pay service charge.
Each city or town or other public corporation owning or operating any water distribution system serving 3 or more parcels of real
property in the County, and every other person owning or operating any such system may enter into and perform a contract with the County
that it will, upon request by the county government specifying a parcel of real property in the County charged with any unpaid service
charge under § 4509 of this title, cause the supply of water from its system to such parcel of real property to be stopped or restricted, as
the county government may request, until the service charge and any subsequent service charge charged to such parcel and the interest
accrued thereon is fully paid or until the county government directs otherwise. No such city or town or other public corporation or other
person shall be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such supply, and the
county government shall pay the reasonable cost of so stopping or restricting such supply and of restoring the same and may agree to
indemnify such city or town or other public corporation or other person from loss or damage by reason of such stopping or restriction,
including loss of profits.
(9 Del. C. 1953, § 4514; 55 Del. Laws, c. 255.)
§ 4515 Contract with municipality for the filtering, purifying or supplying of water.
The county government may contract with any municipality within the territorial limits of the County to buy, sell, process, filter, treat
or purify water. Such filtration, treatment, processing or purification may be done in any plant or facility of the County or the municipality
for such time, on such terms, and in such volume as the county government may, by resolution, determine.
(9 Del. C. 1953, § 4515; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4516 Connection of property with water mains.
Permits for connecting any property by a drain or pipe with any county water main shall be obtained from the county government and
shall be issued only to plumbers licensed to do business in this State. No permit will be granted for connecting any property by a drain or
pipe with any water main unless application is made therefor to the county government in writing upon blanks furnished by the county
government. The application shall state the full name of the owner, the size and kind of drain or pipe to be used and a full description of
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the premises, its location, the number and size of each building located thereon to be drained, the area of each floor thereof, including the
floor of the cellar or basement, all of the purposes for which the drain or pipe is to be used, the time when the connection is to be made and
other particulars for a full understanding of the subject and that the owner will be subject to all the rules and regulations prescribed by the
county government. The application shall be signed by the owner of the property to be drained or supplied with water and by a plumber
licensed to do business in this State. The owner shall also execute a release to the county government releasing the county government,
its officers and agents and the County from all liability or damage which may in any manner result to the premises by reason of such
connection. No permit shall be deemed to authorize anything not therein specifically stated.
(9 Del. C. 1953, § 4516; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4517 Licensed plumber to connect property with water mains.
All necessary plumbing work to be done in connecting any property with a county water main shall be done by a plumber licensed to
do business in this State, in a good and workmanlike manner, and with good and proper materials, and shall be subject to the approval
of the county government or its designated agent.
(9 Del. C. 1953, § 4517; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12; 70 Del. Laws, c. 186, § 1.)
§ 4518 Misrepresentations in application and unauthorized connections with water main; penalty.
Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any water main contrary
to the authority granted by permits issued therefor by the county government, or without a permit therefor in accordance with this chapter,
shall be fined not less than $5.00 nor more than $500.
(9 Del. C. 1953, § 4518; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4519 Surveys and inspections by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for water mains,
water systems, water treatment plants, plumbing plants, or for rights-of-way or other property rights required for the water systems.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwellings or other buildings
in the vicinity of a county water main to determine if it is connected to the county water main, or to determine if the water main connection
has been made or is being maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 for every such refusal.
(9 Del. C. 1953, § 4519; 55 Del. Laws, c. 255; 56 Del. Laws, c. 103, § 12.)
§ 4520 Construction of chapter with other laws.
The powers conferred by this chapter shall be in addition to, and not in substitution for, the powers conferred by any other general,
special or local law. The powers conferred by this chapter may be exercised notwithstanding that any other general, special or local law
may confer such powers, and without regard to the requirements, restrictions, limitations or other provisions contained in such other
general, special or local law.
(9 Del. C. 1953, § 4520; 55 Del. Laws, c. 255.)
§ 4521 Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any right,
title or interest in any part of any water or sewer system constructed, acquired, extended or improved pursuant to this chapter, except
as a resolution of the county government may so provide. No such resolution shall be adopted by the county government unless the
annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder for the purchase,
construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area, with interest to the date of
call or redemption and any redemption or call premium applicable thereto.
(9 Del. C. 1953, § 4521; 55 Del. Laws, c. 255.)
Subchapter II
Monition Method of Sale in Kent County
§ 4522 Established.
In addition to all existing methods and authority for the collection of service charges due to the Kent County Receiver of Taxes, the
monition method and authority is hereby established.
(75 Del. Laws, c. 26, § 1.)
§ 4523 Praecipe; judgment; monition.
(a) The tax collecting authority may file a praecipe in the office of the prothonotary of the Superior Court in and for the county where
the property is located.
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(b) The praecipe shall contain the name of the person against whom the service charges sought to be collected were assessed, a copy
of the bill or bills showing the amount of service charges due, and the property against which the service charges were assessed. The
description of the property, as the same appears upon the assessment rolls of the county where the property is located, shall be a sufficient
identification and description of the property. Thereupon the prothonotary shall make a record of the same on a special judgment docket
of the Superior Court against the property mentioned or described in the praecipe which record shall consist of the following:
(1) The name of the person in whose name the assessment was made;
(2) The description of the property as the same shall appear upon the assessment rolls;
(3) The year or years for which the service charges are due and payable;
(4) The date of the filing of such praecipe;
(5) The amount of the judgment, the same being the amount set forth in the praecipe.
Such judgment shall be indexed in the judgment docket itself under the hundred in which the property is located as the location appears
upon the assessment rolls so prepared, and under the hundred by communities where the name of the community appears upon the
assessment rolls so prepared, and by referring to the page in the judgment docket whereon the record shall appear.
(c) Thereafter upon a praecipe for monition filed in the office of the prothonotary by the tax collecting authority, a monition shall be
issued by the prothonotary to the sheriff of the county where the property is located, which monition shall briefly state the amount of the
judgment for the service charges due and the years thereof, including accrued penalty thereon, together with a brief description of the
property upon which the service charges are a lien. A description of the property as it appears upon the assessment rolls shall be sufficient.
(75 Del. Laws, c. 26, § 1.)
§ 4524 Form of monition.
The monition shall be in substantially the following form:
“To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the
judgment for the service charges stated herein is paid within 20 days after the date hereof or within such period of 20 days, evidence of
the payment of service charges herein claimed shall be filed in the office of the prothonotary, which evidence shall be in the form of a
receipted service charge bill or duplicate thereof, bearing date prior to the filing of the lien in the office of the prothonotary for the county
where the property is located, the tax collecting authority may proceed to sell the property herein mentioned or described for the purpose
of collecting the judgment for the service charges herein stated, including accrued penalties and all costs incurred in the collection process.
Name of PersonIn Whose
NameProperty isAssessed
Descriptionof Property
Year orYears
Amountof Judgment
(75 Del. Laws, c. 26, § 1.)
§ 4525 Posting of monition; sheriff’s return; alias or pluries monition.
(a) The monition, or a copy thereof, shall be posted by the sheriff upon some prominent place or part of the property against which the
judgment for the service charges is a lien, and the sheriff shall make due and proper return of the sheriff’s proceedings under the monition
to the prothonotary, within 10 days after the posting of the monition.
(b) Alias or pluries monition may issue upon like praecipe. The posting of the notice as herein required shall constitute notice to the
owner or owners and all persons having any interest in the property.
(75 Del. Laws, c. 26, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4526 Issuance and form of writ of venditioni exponas.
(a) At any time after the expiration of 20 days following the return of the sheriff upon the monition, unless before the expiration of
the 20 days the judgment and cost on the judgment shall be paid or evidence of the payment of such service charges evidenced by a
receipted service charge bill or a duplicate thereof bearing date therefore prior to the filing of the lien for record in the office of the
prothonotary, upon application in writing by the tax collecting authority, a writ of venditioni exponas shall issue out of the office of the
prothonotary directed to the sheriff commanding the sheriff to sell the property mentioned or described in the writ and make due return of
such proceedings thereunder in the same manner as is now applicable with respect to similar writs of venditioni exponas issued out of the
Superior Court. The property shall be described in the writ under the description thereof as it appears on the assessment rolls and by metes
and bounds where obtainable, but nothing herein contained shall be construed to invalidate a writ or a sale pursuant thereto containing
only the description as it appears on the assessment rolls or a writ bearing only a description by metes and bounds.
(b) The writ shall be substantially in the following form:
“KENT COUNTY, SS.
The State of Delaware.
TO THE SHERIFF OF KENT COUNTY,
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GREETINGS:
WHEREAS, by a Monition issued out of the Superior Court dated at .................., the .................. day of .................................... A.D.
20 ........., IT WAS COMMANDED, that you should post the said Monition or copy thereof upon the real estate therein mentioned
and described, and make a return to the said Superior Court within 10 days after said posting. That on the .................. day of
.................................... A.D. 20 ........., you returned that a copy of the said Monition was posted on the real estate therein mentioned
and described on the .................. day of ...................................., A.D. 20 .........
We therefore now command you to expose to public sale, the real estate mentioned and described in said Monition as follows:
.................................... And that you should cause to be made as well a certain debt of .................. Dollars ($ ..................) lawful
money of the United States, which to the said Receiver of Taxes for Kent County, is due and owing, as also the sum of ..................
Dollars ($ ..................) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said
.................................... was convicted as it appears of record and against which said property it is a lien:
And have you that money before the Judges of our Superior Court at ...................................., on Monday the ....................................
day of Next, to render to the Receiver of Taxes for Kent County as aforesaid, for its debt and costs as aforesaid, and this writ:
WITNESSETH, the Honorable .................................... at .................., the .................. day of .................. A.D. 20 ..........
........................................................................ Prothonotary
Issued:”
(c) The description contained in such monition shall be a sufficient description of the real estate to be sold under such writ.
(75 Del. Laws, c. 26, § 1.)
§ 4527 Sales subject to approval of department of finance or chief county financial officer.
The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove
the final bid at a sale made by the sheriff under this subchapter provided that the notice of the public sale includes that such sale is “subject
to the approval of the department of finance or the chief county financial officer” in the terms of sale. In the event the department of
finance or the chief county financial officer does not approve the final bid at such sale, the said department of finance or chief county
financial officer may expose the property to another and as many succeeding sales as it chooses.
(75 Del. Laws, c. 26, § 1.)
§ 4528 Title of property sold.
Any real estate or interest therein sold under the provisions of this subchapter shall vest in the purchaser all the right, title and interest
of the person in whose name the property was assessed, and/or all right, title and interest of the person or persons who are the owners
thereof, and likewise freed and discharged from any liens and encumbrances, dower or curtesy or statutory right, in the nature of a dower
or curtesy, whether absolute or inchoate, in or to the real estate.
(75 Del. Laws, c. 26, § 1.)
§ 4529 Petition by purchasers for deed of conveyance.
If the owner of the property or the owner’s legal representatives fail to redeem the property as provided in this subchapter, the purchaser
of the property or the purchaser’s legal representatives, successors or assigns may present a petition to the Superior Court setting forth the
appropriate facts in conformity with this subchapter and pray that the Superior Court make an order directing the sheriff, then in office, to
execute, acknowledge and deliver a deed conveying the title to the property to the petitioner; and thereupon the Superior Court shall have
power, after a hearing upon the petition, to issue an order directing the sheriff to execute, acknowledge and deliver a deed as prayed for
in the petition. A description of the property as the same shall appear upon the assessment rolls, and a description by metes and bounds
where obtainable shall be a sufficient description in any such deed.
(75 Del. Laws, c. 26, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4530 Redemption by owner.
The owner of any such real estate sold under this subchapter or the owner’s legal representatives may redeem the same at any time
within 60 days from the day the sale thereof is approved by the court, by paying to the purchaser or the purchaser’s legal representatives,
successors or assigns, the amount of the purchase price and 15 percent in addition thereto, together with all costs incurred in the cause;
or if the purchaser or the purchaser’s legal representatives, successors or assigns refuse to receive the same, or do not reside or cannot be
found within the county where the property is located, by paying the amount into the court for the use of the purchaser, the purchaser’s
legal representatives or assigns.
(75 Del. Laws, c. 26, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4531 Petition by owner after redemption for entry on judgment record.
If the owner of any real estate sold under an order of sale or the owner’s legal representative redeems the real estate, the owner may
present to the Superior Court a petition setting forth that fact and thereupon the Superior Court, after hearing and determining the facts
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Title 9 - Counties
set forth in the petition, shall have power to cause to be entered upon the record of the judgment, under which the real estate was sold, a
memorandum that the real estate described in the proceedings upon which the judgment was entered has been redeemed. Thereafter the
owner shall hold such redeemed real estate subject to the same liens and in the same order of priority as they existed at the time of the
sale thereof, excepting so far as the liens have been discharged or reduced by the application of the proceeds by the sheriff from the sale.
(75 Del. Laws, c. 26, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4532 Regularity of proceedings under venditioni exponas.
Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the
proceedings thereunder, and either approve the sale or set it aside.
(75 Del. Laws, c. 26, § 1.)
§ 4533 No proceedings unless tax is a lien upon property; construction of term “Superior Court”.
(a) No proceedings shall be brought under this subchapter unless the service charge or assessment sought to be collected hereunder
shall at the time of the filing of the praecipe in the office of the prothonotary be and constitute a lien upon the property against which
the service charge or assessment was assessed or laid.
(b) Whenever the Superior Court is mentioned in this subchapter, the same shall be held to embrace the judges or any judge thereof,
and any act required or authorized to be done under this subchapter may be done by the Superior Court or any judge thereof in vacation
thereof, as well as in term time.
(75 Del. Laws, c. 26, § 1.)
§ 4534 Fees and costs.
(a) The fees and costs to be taxed in all proceedings under this subchapter, where not otherwise provided for, shall be as follows:
(1) The following fees shall be charged by the prothonotary:
Filing praecipe
Issuing monition and copy
Issuing alias or pluries monition and copy
Writ of venditioni exponas
Filing any petition in Superior Court under this subchapter
Costs of paying money into Superior Court
Costs of paying money out of Superior Court for each check drawn
$1.10
$2.75
$2.75
$2.25
$1.00
$1.00
$1.00
(2) The following fees shall be charged by the sheriff:
Posting monition or copy thereof
Posting each alias or pluries monition or copy thereof
$ .75
$0.75
(b) The county government of Kent County may provide by ordinance for fees and costs to be taxed in all proceedings under this
subchapter.
(75 Del. Laws, c. 26, § 1.)
§ 4535 Purchase at sheriff’s sale by agent of county.
Kent County Levy Court may authorize any person to bid at the sale of any real estate under this chapter and, in the event that such
person is the highest and best bidder therefor, title thereto shall be taken in the name of Kent County. Levy Court shall not authorize any
person to bid in excess of the aggregate amount of all taxes, service, charges, penalties and obligations due to Kent County, including
costs incurred in the collection process.
(75 Del. Laws, c. 26, § 1.)
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Title 9 - Counties
Part III
Kent County
Chapter 46
Sewers and Sewer Districts
§ 4601 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) The term “County” shall mean Kent County.
(2) The term “district” or the term “county sewer district” shall mean any sewage disposal district or sanitary district established
pursuant to this chapter.
(3) The term “sanitary district” shall mean a county sewer district established to provide 1 or more facilities necessary or convenient
for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities of a sewage disposal
district for final treatment.
(4) The term “sewage” shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable
for treatment and disposal through the facilities of sewage treatment plants.
(5) The term “sewage disposal district” shall mean a county sewer district established to provide 1 or more sewer facilities necessary
or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection facilities of a sanitary
sewer district or from any other source as specifically provided herein.
(9 Del. C. 1953, § 4601; 56 Del. Laws, c. 103, § 13.)
§ 4602 Purpose.
(a) The county government may establish or extend 1 or more county sewage disposal districts and county sanitary districts in the
manner hereinafter provided for the purpose of the collection, transmission, treatment, and disposal of sewage.
(b) A county district established or extended hereunder may consist of 2 or more noncontiguous areas.
(c) Sanitary districts may only be established or extended within the boundaries of a sewage disposal district.
(9 Del. C. 1953, § 4602; 56 Del. Laws, c. 103, § 13.)
§ 4603 Planning.
(a) The county government may:
(1) Assemble data, and develop plans relating to the collection, transmission, treatment and disposal of sewage within the County,
and relating to the elimination or alleviation of sewage problems; and
(2) Study the possibility of developing and utilizing existing facilities to make them available to the several municipalities, and other
political subdivisions and unincorporated areas within the County.
(b) The county government on its own motion may cause a preliminary report including maps and plans to be prepared for the
establishment of a certain area or areas of the County as a county district. Such maps and plans shall show:
(1) The boundaries of the area or areas which the county government in its judgment considers will be benefited directly or indirectly
by the particular project;
(2) A description of the area or areas sufficient to permit definite and conclusive identification of all parcels of property included
therein;
(3) The proposed location of all facilities such as lateral, trunk, interceptor and outfall sewers, pumping stations, and treatment and
disposal facilities;
(4) Estimates of the cost of construction of the facilities as shown on the maps and plans; and
(5) The method of financing such facilities.
If the report shall contain recommendations for the establishment of 2 or more zones of assessment within a county district, the maps
and plans shall show the boundaries of each of such zones and the estimated initial allocation of the cost of construction of the facilities
recommended to be charged to each of such zones.
(c) The county government may employ or contract for such engineering, legal, professional and other assistance as from time to time
may be needed, and may incur such other expenses as may be necessary to carry out the powers herein set forth.
(9 Del. C. 1953, § 4603; 56 Del. Laws, c. 103, § 13.)
§ 4604 Public hearing.
(a) Upon completion of the preliminary report and the maps and plans, the county government shall call a public hearing upon a proposal
to establish a county district to comprise the area or areas defined in such maps and plans.
(b) The county government shall cause a notice of public hearing to be posted in 4 public places within the proposed district and
shall cause a notice of the public hearing to be published at least once in a newspaper published within the County and having a general
circulation therein. The first publication thereof shall be not less than 10 days before the date set therein for the hearing. The notice of
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Title 9 - Counties
hearing shall contain a description of the area or areas to be included within the proposed district, and if the report shall have recommended
the establishment of zones of assessment, a description of the area or areas to be included within such zones, the improvement proposed,
the maximum amount proposed to be expended for the improvement, the allocation of such maximum amount as between the zones of
assessment recommended, if any, and shall specify the time and the place where the county government will meet to consider the matter
and to hear all parties interested therein concerning the same. In the event that zones of assessment and allocation of cost of the facilities
between such zones of assessment are provided for, said notice shall further state that said zones of assessment and said allocations of
cost may be changed from time to time by resolution of the county government adopted after a public hearing whenever said county
government shall determine that such changes are necessary in the public interest.
(9 Del. C. 1953, § 4604; 56 Del. Laws, c. 103, § 13.)
§ 4605 Representation by municipalities and districts.
At the public hearing on the establishment of a county district which includes the whole or any part of a district furnishing a similar
service as the proposed district, a city or a town, such district, city or town, may be represented by an officer of the district, city or town,
duly designated by the governing body of such district, city or town to attend.
(9 Del. C. 1953, § 4605; 56 Del. Laws, c. 103, § 13.)
§ 4606 Establishment of the county district.
(a) Upon the evidence presented at the public hearing, and after due consideration of the maps and plans, reports, recommendations
and other data filed with it, the county government shall determine by resolution whether or not the proposed district and facilities are
satisfactory and sufficient, and if it shall determine such question in the negative, it may proceed to make a further study. The county
government may make such further study and amend and revise the maps and plans and estimate of cost in conformance with its findings.
If the revised maps and plans and revised estimate alter the estimated maximum expenditure for the project, alter the boundaries of
the proposed district, alter the boundaries of zones of assessment or change the allocation or cost of the facilities as between zones of
assessment, the county government shall call a further public hearing thereon in the manner provided in § 4604 of this title. When the
county government shall find that the proposed district and facilities are adequate and appropriate, it shall further determine by resolution
(1) whether all the property and property owners within the proposed district are benefited directly or indirectly thereby, (2) whether all
of the property and the property owners so benefited are included within the limits of the proposed district, (3) whether it is in the public
interest to establish the district, and (4) if said maps and plans and reports recommend the establishment of zones of assessment and the
allocation of the cost of the facilities as between such zones of assessment, whether such zones of assessment and the allocation of the
cost of the facilities thereto represent as nearly as may be the proportionate amount of benefit which the several lots and parcels of land
in such zones will derive therefrom.
(b) If the county government shall determine that it is in the public interest to establish the district, but shall find that (1) any part or
portion of the property or property owners within the proposed district are not benefited directly or indirectly thereby, or (2) that certain
property owners benefited directly or indirectly thereby have not been included therein, or (3) if zones of assessment are proposed to be
established and the cost of facilities allocated among said zones of assessment, that any part or portion of the property of property owners
within a proposed zone of assessment should be placed in a different zone or that a different allocation of the cost should be made as
between the zones of assessment, the board shall cause the necessary changes of the boundaries of the proposed district, or the necessary
changes of the boundaries of any proposed zone of assessment or the necessary changes as to the allocation of costs, as the case may
be, to be made, and the board shall call a further hearing at a definite place and time not less than 10 nor more than 30 days after such
determination. Notice of such further hearing shall be published in the manner provided in § 4604 of this title, except that such notice
shall also specify the manner in which it is proposed to alter the boundaries of the proposed district, or the boundaries of the zones of
assessment or the allocation of the cost of the facilities as between said zones of assessment, as the case may be. If and when the board
shall determine in the affirmative all of the questions set forth above, the board may adopt a resolution approving the establishment of
the district, as the boundaries shall be finally determined, and the construction of the improvement, and if zones of assessment have been
established and an allocation of the costs of the facilities made as between such zones of assessment, further approving the establishment
of the initial zones of assessment and the initial allocation of the costs of the facilities as between said zones of assessment. Such resolution
shall be subject to referendum upon petition as hereinafter provided.
(9 Del. C. 1953, § 4606; 56 Del. Laws, c. 103, § 13.)
§ 4607 Referendum upon petition.
(a) Within 10 days after the adoption of a resolution subject to referendum upon petition, the county government shall cause a notice to
be published at least once in a newspaper published within the County and having a general circulation therein. Such notice shall contain
a true copy of the resolution, the date of adoption thereof, and a statement that such resolution is subject to referendum upon petition.
(b) Such resolution shall not take effect until 30 days after its adoption; nor unless it is approved by the affirmative vote of a majority
of qualified electors of the proposed district, voting thereon, if within 30 days after its adoption there be filed with the county government
a petition signed by 10 percent of the electors of the proposed district.
(c) Such petition shall state that a referendum is requested on such resolution describing the same by its date of adoption, and shall
contain an abstract of the text thereof. The petition may consist of separate sheets and the signatures to each sheet shall be acknowledged
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by the signer thereof or it may be proved by the oath of a witness who shall swear that such witness knows the signer and that the petition
was signed in the presence of the witness. If the petition be sufficient and valid, the county government shall by resolution fix a date not
less than 45 days after its adoption by which a proposition as herein provided for is to be submitted to a general or special election.
(d) Within 30 days after the adoption of a resolution which is subject to referendum upon petition, the county government may, on its
own motion, provide that such resolution be submitted to a vote of the qualified resident electors of the district. Notice of the election
shall be advertised in the same manner as provided in § 4604 of this title for advertising a public hearing. The cost of the election shall
be borne by the County, which shall be reimbursed for such cost by the district, if established. The proposition for the submission of a
resolution of the county government to the approval of the voters pursuant to this chapter, shall contain an abstract of such resolution
stating the purpose and effect thereof. The Clerk of the county government shall prepare such abstract with the advice of the Attorney for
the county government and shall transmit the proposition, in the form in which it is to be submitted, to the county government who shall
submit same at a general or special election in accordance with the provisions of this chapter. Each person or legal entity entitled to vote
shall have 1 vote and shall have an additional vote for each $1,000 of total assessed value of real property and buildings thereon owned
by such person or legal entity, such valuation to be determined by the records of the Kent County Board of Assessment. The majority of
votes cast shall decide the matter. The election shall be managed and the votes canvassed in such manner as may be prescribed by the
county government. Every citizen who resides in the proposed sewer district and who would be entitled at the time of the holding of such
election to register and vote at a general election, if such general election were held on the day of such election in the proposed sewer
district, may vote at such election whether or not the citizen is at the time a registered voter.
(9 Del. C. 1953, § 4607; 56 Del. Laws, c. 103, § 13; 56 Del. Laws, c. 241, § 4; 70 Del. Laws, c. 186, § 1.)
§ 4608 Review.
Any interested party aggrieved by the final determination made by the county government establishing the district or authorizing the
increase and improvement of facilities previously authorized for an existing district, may make application for review by a court of
competent jurisdiction, of any and all of the final determinations made by the county government in connection with the proceeding
establishing the district or authorizing the increase for improvements of facilities previously authorized for an existing district; provided,
that application for review is made within 30 days from the effective date of the resolution establishing the district, or extending the
boundaries thereof, or the adoption of a resolution authorizing the increase and improvement of facilities previously authorized for
an existing district. Unless such application is made within 30 days as aforesaid, the resolution establishing the district, extending the
boundaries thereof, or authorizing the increase and improvement of facilities previously authorized for an existing district shall be final
and conclusive, and shall be presumptive evidence of the regularity of the proceedings for the establishment of the district for the extension
thereof or for the authorization of the increase and improvement of facilities previously authorized for an existing district, and all other
actions taken by the county government in relation thereto.
(9 Del. C. 1953, § 4608; 56 Del. Laws, c. 103, § 13.)
§ 4609 Validation of prior establishment of districts.
Any district heretofore established pursuant to the provisions of this chapter is hereby declared and determined to have been validly
established, regardless of the failure of the county government or any of its officials or employees to comply with the requirements as to
the establishment of such district set forth in this chapter, and notwithstanding that any of the proceedings taken to establish such district
were not validly taken, and notwithstanding that the area of the district is less than the area in which the proposed sewage improvements
are to be constructed and that such sewage improvements will serve an area greater than the area of such district; provided, however,
that any assessment levied on the lots and parcels of land in such district or any extension thereof shall be in proportion as nearly as may
be to the benefit which each parcel would derive from such proposed sewage improvements, regardless of the total cost of such sewage
improvements. Sewage disposal systems may be constructed on behalf of any such district either within or without the area of the district,
to serve the district, any other district heretofore or hereafter established, and any municipality or other political subdivision of the State
or agency which may contract for the use and services of the sewage system. Bonds of the county government may be issued to finance
the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the county government. The
bonds shall be payable in the manner provided by § 4656 of this title.
(9 Del. C. 1953, § 4608A; 57 Del. Laws, c. 108, § 1.)
§ 4610 Plans and specifications.
After a district shall have been established, the county government shall cause to be prepared by the County Engineer or duly licensed
engineer employed or contracted for that purpose, detailed plans and specifications for the improvement, a detailed estimate of the expense,
and with the assistance of the attorney for the county government, or other legal or professional help employed or contracted for that
purpose, a proposed contract or contracts for the execution of the work.
(9 Del. C. 1953, § 4609; 56 Del. Laws, c. 103, § 13.)
§ 4611 Contracts.
(a) All contracts or orders for work, material or supplies, performed or furnished in connection with construction, shall be awarded
by the county government by or pursuant to resolution. Such contracts or orders for work, material or supplies needed for any particular
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purpose involving an expenditure of more than $2,000 shall be awarded only after inviting sealed bids or proposals therefor. The notice
inviting sealed bids or proposals shall be published at least once in a newspaper or trade paper selected by the county government for
such purpose, such publication to be at least 10 days before the date for the receipt of bids. If the county government shall not deem it
in the interest of the county government to reject all bids, it shall award the contract to the lowest bidder, unless the county government
shall determine that it is in the public interest that a bid other than the lowest bid should be accepted.
(b) The bidder whose bid is accepted shall give security for payment for materials and for the faithful performance of the contract, for
maintenance following completion, and for such other purposes as the county government may require. The sufficiency of such security
shall be determined by the county government. All bids or proposals shall be publicly opened by the county government or its duly
authorized agent. If the bidder whose bid has been accepted shall neglect or refuse to accept the contract within 5 days after written notice
that the same has been awarded to that bidder on his or her bid or proposal, or, if the bidder accepts but does not execute the contract
and give proper security, the county government shall have the right to declare his or her deposit forfeited, and thereupon it shall be
readvertised and relet as above provided. In case any work shall be abandoned by any contractor, the county government may, if the best
interests of the district be thereby served, adopt on behalf of the district any or all subcontracts made by such contractor for such work
and all such subcontractors shall be bound by such adoption if made; and the county government shall in the manner provided herein
advertise and relet the work specified in the original contract exclusive of so much thereof as shall be provided for in the subcontract
or subcontracts so adopted.
(c) Notwithstanding the provisions of this section or any other provision of law, the county government may contract for engineering,
legal or other professional services requiring special skill or training for any project authorized by this chapter without requesting
competitive bids or proposals, and without awarding such contract to the lowest bidder.
(9 Del. C. 1953, § 4610; 56 Del. Laws, c. 103, § 13; 70 Del. Laws, c. 186, § 1.)
§ 4612 Powers of the county government.
In addition to other powers which it has in reference to a district or extension thereof, the county government may:
(1) Plan, construct, reconstruct, improve, better or extend a sewage system or systems, acquire by gift, purchase, lease or the exercise
of the right to eminent domain, a sewage system or lands or rights in land in connection therewith; on behalf of a district, acquire by
purchase or lease any sewage collection, treatment or disposal facilities owned, maintained or operated by any municipal, public or
district corporation, or special district, and such agencies shall have the power to sell or lease such facilities to a county sewer district,
notwithstanding that such sewage facilities have already been devoted to and are held for public use; and may, instead of making any
cash payment agreed or required to be made to the municipal, public or district corporation or special district, as compensation for such
sewage facilities, agree to pay the principal of and interest on outstanding bonds issued by or on behalf of such municipal, public or
district corporation or special district, of a principal amount not exceeding any lump sum amount agreed upon as consideration for such
purchase or lease, as such principal and interest shall become due and payable;
(2) Operate and maintain a sewage system or systems, and furnish the services and facilities rendered or afforded thereby;
(3) Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, district or
agency of the state or federal government for the provision and operation by the county sewer district of a sewage system to abate or
reduce the pollution of waters caused by discharges of sewage and industrial wastes by such industrial establishment, municipality,
district or agency of the state or federal government; and such contract may provide for the payment periodically by the industrial
establishment, municipality, district or agency of the state or federal government to the county sewer district of amounts to compensate
the county sewer districts for the cost of providing (including payment of principal and interest charges, if any) and of operating and
maintaining the sewage system or part thereof serving such industrial establishments, municipality, district or agency of the state or
federal government;
(4) After appropriate notice, require a municipality, public or district corporation or special district which maintains or operates
any sewage collection treatment or disposal facilities within the area of a county sewage disposal district, established pursuant to the
provisions of this chapter, to connect to and utilize the sewage system and facilities of such county sewage disposal district in order to
abate or reduce the pollution of waters caused by discharges of sewage and industrial waste;
(5) Accept from any authorized agency of the state or federal government, or from persons, firms or corporations, loans, grants or
contribution for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of any sewage
system and enter into agreements respecting such loans, grants and contributions;
(6) Accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state
government or from interstate agencies established by law to accomplish the purposes of this chapter, and may pay the interest and
amortization of such loans;
(7) Enter into and perform contracts with any person for the sale of effluent products;
(8) After a public hearing called and held in a manner provided in § 4604 of this title, adopt, amend, and repeal from time to time
ordinances, resolutions, and rules and regulations for the operation of a county sewer district and the use of the sewerage system therein,
including regulation of the manner of making connections and the construction to the system and all facilities and appurtenances
associated therewith; and
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(9) Impose a fine of not less than $500 or more than $10,000 for a violation of any ordinance, resolution or rule or regulation, so
adopted by the county government relating to operation of a county sewer district and the use of the sewerage system therein, including
regulation of the manner of making connections and the construction to the system and all facilities and appurtenances associated
therewith.
(9 Del. C. 1953, § 4611; 56 Del. Laws, c. 103, § 13; 68 Del. Laws, c. 370, § 1; 74 Del. Laws, c. 341, §§ 1, 2.)
§ 4613 Preliminary expenses.
The preliminary expenses incurred for the preparation of maps, plans, studies, reports and other matters relating to the establishment or
extension of a sewer district as authorized by this chapter, shall be a county charge and shall be assessed, levied and collected in the same
manner as other county charges. If the county government shall thereafter establish or extend a sewer district and construct a sewer system
therein pursuant to the provisions of this chapter, the expenses incurred by the county government as set forth above shall be deemed to
be part of the cost of such improvement and the County shall be reimbursed for the whole amount paid therefor, or for such portion of
that amount which the county government shall allocate against such district or extension. In the event the district is not established or
extended, the county government may issue bonds to finance the above cost either in whole or in part, pledging the full faith and credit
of the County to the punctual payment of the bonds and the interest thereon. Such bonds may be issued for a period of not to exceed
5 years from their respective dates.
(9 Del. C. 1953, § 4612; 56 Del. Laws, c. 103, § 13.)
§ 4614 Sewage charges and revenues.
(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance or
resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on any of the following:
(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;
(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or
parts thereof;
(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;
(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or parts
thereof; or
(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.
(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due for
nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or parts thereof for
which sewage charges shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except
as otherwise may be provided by law.
(c) The county government on behalf of a sewer district may bring and maintain an action:
(1) To collect sewage charges in arrears including penalties and interest; or
(2) To foreclose liens for such sewage charges.
As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared stating
the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and the name of the person
in whose name such real property is assessed. The county government shall cause to be levied the amounts contained in such statements
against the real property at the same time and in the same manner as county taxes, and such amounts shall be set forth in a separate column
in the annual tax rolls. The amount so levied shall be collected and enforced in the same manner and at the same time as may be provided
by law for the collection and enforcement of county taxes.
(d) The ordinance or resolution establishing and imposing sewage charges:
(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and imposed;
(2) Shall prescribe the basis for such charges;
(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and
(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such charges,
or for penalties, interest and discounts.
(9 Del. C. 1953, § 4613; 56 Del. Laws, c. 103, § 13.)
§ 4615 Expense of the improvement.
The cost of establishment of a county sewer district and the furnishing of the improvement therein shall include the amount of all
contracts, the cost of all lands and interests therein necessarily acquired, the cost of erection of necessary facilities and appurtenances
for operation or administration of the improvement, the cost of necessary equipment for operation or administration of the improvement,
printing, publishing, interest on loans, legal, engineering and other professional services, and all other expenses incurred or occasioned
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by reason of the establishment or extension of the district and the furnishing of the improvement. In addition, there shall be apportioned
against, charged to and included in such cost, such allowance as the county government may make for expenditures which are directly
attributable to the establishment or extension of the district as well as for any services rendered by the attorney for the county government,
the County Engineer or any other salaried county officer or employee when such services have been necessary to or occasioned by reason
of the establishment of the district.
(9 Del. C. 1953, § 4614; 56 Del. Laws, c. 103, § 13.)
§ 4616 Increase and improvement of facilities.
Whenever the county government shall determine it necessary to acquire additional lands or interests in lands or to acquire or to construct
additional trunk, interceptor and outfall sewers, pumping stations, treatment and disposal works and appurtenances, lateral sewers or
other facilities, or whenever the county government shall determine it necessary for the purpose of the operation and maintenance of such
facilities to increase, improve and reconstruct the facilities thereof, including the acquisition of additional lands or interests in lands, it may
cause the same to be accomplished without further authorization; provided, however, that if it is proposed to finance any part of the cost
thereof by the issuance and sale of county obligations, such improvement shall not be undertaken unless authorized by proceedings taken
in the same manner as the proceedings taken for the original establishment or extension of the district except that the sole determination
which the county government shall make is whether such improvement is in the public interest, and, if zones of assessment have been
established, said county government shall further determine the allocation of the cost thereof as between such zones.
(9 Del. C. 1953, § 4615; 56 Del. Laws, c. 103, § 13.)
§ 4617 Increase of maximum amount to be expended.
At any time after the establishment of a district or extension thereof pursuant to this chapter, the maximum amount authorized to be
expended for the original improvement in such district or extension thereof may be increased by a resolution of the county government,
provided the county government shall, after a public hearing called and held in the manner provided in § 4604 of this title, determine
that it is in the public interest to authorize an increase of such maximum amount. If zones of assessment have been established, such
resolution of the county government shall further provide for the allocation of such increase as between such zones of assessment and
the notice of such public hearing shall state such allocation.
(9 Del. C. 1953, § 4616; 56 Del. Laws, c. 103, § 13.)
§ 4618 Method of assessment.
(a) The county government may determine to issue obligations of the County in such an amount as they may estimate to be sufficient
to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the improvement, as
stated in the notice of hearing, published pursuant to § 4604 of this title. In preparing the annual estimate of revenues and expenditures
for the County on behalf of the district or extension thereof, the county government shall include, in addition to all costs of operation and
maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments of principal and interest on obligations
issued on behalf of the district or extension thereof. The county government shall thereupon annually levy a tax, unlimited as to rate or
amount, upon the assessable property within the County in the amount of the estimate of expenditures. In making such levy the county
government shall take into account the estimates of revenues, as set forth in the estimate so prepared, at a time to be fixed by it, and
the amount of any assessments levied on behalf of the County, as hereafter provided and due and payable in the fiscal year for which
the estimates are prepared.
(b) The county government shall, after a public hearing, establish an annual assessment roll for the county sewer district or extension
thereof which shall be known as the “Sewer District Assessment Roll.” The annual assessments may be apportioned, by the county
government, against the several lots and parcels of land in the district or extension thereof by 1 or more of the following methods:
(1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to the benefit
which each parcel would derive from the improvement;
(2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities has been made to
the zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned by an ad valorem
assessment levied on all the lots and parcels of land within such zone;
(3) If zones of assessment have been established, as provided above, by assessment on the lots and parcels of land within such zone
in proportion as nearly as may be to the benefit which each parcel will derive from the improvement.
(c) Notice of the public hearing shall state that the assessment roll has been completed and filed, and the time and place fixed for the
public hearing. Notice of such public hearing shall be published in a newspaper, published within Kent County, and having a general
circulation therein at least once, not less than 7 days immediately preceding the date of the public hearing. At the time and place specified,
the county government shall meet and hear and consider any objections to the assessment roll, and may change or amend the same as
it deems necessary or just, may affirm and adopt the same as originally proposed or as amended or changed, or the county government
may prepare a new roll. No amended, changed, or new roll shall be adopted, unless the county government shall hold another hearing
thereon, in the manner and upon the notice prescribed for the original hearing. The annual assessment shall be levied and collected at
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the same time as taxes levied for general county purposes. The County Treasurer shall keep a separate account of such moneys, and they
shall be used only for the purpose of the district or extension thereof for which collected. The properties against which such assessments
are levied, shall be liable for the payment of the assessments in the same manner as they are liable for other county taxes.
(9 Del. C. 1953, § 4617; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 2.)
§ 4619 Extension of the district.
The district may be extended so as to include territory not previously included within its boundaries in the same manner as hereinbefore
prescribed for the original establishment of a district. The cost of the extension shall include all the costs and expenses occasioned by
reason of such extension and in addition thereto such proportion of the cost of the system of the original district as the county government
shall determine.
(9 Del. C. 1953, § 4618; 56 Del. Laws, c. 103, § 13.)
§ 4620 Changes in zones of assessment.
The county government, after holding a public hearing upon notice published in the same manner as provided in § 4604 of this title,
from time to time, by resolution may:
(1) Change the allocation of the cost of such facility as between zones of assessment;
(2) Change the boundaries of zones of assessment; or
(3) Establish new zones of assessment or eliminate existing zones of assessment.
(9 Del. C. 1953, § 4619; 56 Del. Laws, c. 103, § 13.)
§ 4621 Order to connect to sewer; enforcement.
(a) The county government may, where it deems it necessary to the preservation of public health, order the owner of any lot or parcel
of land within a district or extension thereof which abuts upon a street or right-of-way containing a sewer which is part of or served by
the county sewage system, and upon which lot or parcel of land a building shall have been constructed for residential, commercial or
industrial use, to connect such building with such sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with such sewer, the county government may forthwith
institute action in any Justice of the Peace Court or may institute a summary action in the Superior Court to compel compliance with
such order.
(9 Del. C. 1953, § 4620; 56 Del. Laws, c. 103, § 13.)
§ 4622 Surveys and inspection by county government; penalty for refusal to permit.
(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for sewers,
sewage systems, sewage disposal plants, pumping stations or other facilities, or for rights-of-way or other property rights required for
a sewage system.
(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwelling or other building
in the vicinity of a sewer to determine if it is connected to the sewer, or to determine if the sewer connection has been made or is being
maintained in accordance with the regulations of the county government.
(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 nor more than $100 for
every such refusal.
(9 Del. C. 1953, § 4621; 56 Del. Laws, c. 103, § 13.)
§ 4623 Annexation.
Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any right,
title or interest in any part of any sewage system constructed, acquired, extended or improved pursuant to this chapter, except as a resolution
of the county government may so provide. No such resolution shall be adopted by the county government unless the annexing municipality
shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder for the purchase, construction, acquisition,
extension or improvement of all systems wholly or partly within the annexed area, with interest to the date of call or redemption and any
redemption or call premium applicable thereto.
(9 Del. C. 1953, § 4622; 56 Del. Laws, c. 103, § 13.)
§ 4624 Dissolution and diminishing area of sewer districts.
Whenever the county government shall determine it to be in the public interest, said county government, upon its own motion, but after
a public hearing called and held in the manner provided in § 4604 of this title, may dissolve and discontinue any sewer district:
(1) Provided that the period of 3 years shall have elapsed since the date of establishment of such district, and that no improvement
has been constructed or service provided for such district at any time since the establishment thereof; and
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(2) Further provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes of such district.
(9 Del. C. 1953, § 4623; 56 Del. Laws, c. 103, § 13.)
§ 4625 Exception to limitation on borrowing power.
Section 4111 of this title shall not apply to this chapter.
(9 Del. C. 1953, § 4624; 56 Del. Laws, c. 103, § 13.)
§ 4626 Power to incur indebtedness by issuing bonds and notes.
The county government may incur indebtedness by issuing negotiable bonds, and notes in anticipation of bonds, pursuant to this chapter
to finance the cost of the establishment or extension of a district and the improvements therein which it may lawfully construct or acquire
pursuant to this chapter.
(9 Del. C. 1953, § 4625; 56 Del. Laws, c. 103, § 13.)
§ 4627 Bond resolution vote required.
The county government shall authorize the issuance of bonds by a “bond resolution” passed by the affirmative vote of at least 3/5 of
all its members.
(9 Del. C. 1953, § 4626; 56 Del. Laws, c. 103, § 13.)
§ 4628 Form and content of bond resolution.
Every bond resolution adopted pursuant to this chapter shall be properly dated and shall bear a title indicating the type of obligation
to which it relates and shall contain, in substance, at least the following provisions:
(1) A statement of the specific purpose for which the obligations authorized by the resolution are to be issued; such specific purpose
to be described in brief and general terms sufficient for reasonable identification;
(2) If the obligations to be authorized are for a specific purpose, a statement of the estimate of the maximum cost of each item of such
specific purpose, such statement shall also set forth the plan for the financing of such purpose which shall indicate the sources of the
amounts of money which have been previously authorized to be applied to the payment of the cost of each purpose, and the intended
source or sources other than the proceeds of such obligations of the balance of the money to be so applied;
(3) A statement of the amount of bonds to be issued for such specific purpose; and
(4) A determination of the period of usefulness of the project within the limitations provided for in this chapter computed from the
date of issuance of the first obligation in reference thereto.
(9 Del. C. 1953, § 4627; 56 Del. Laws, c. 103, § 13.)
§ 4629 Procedure for passage of bond resolution.
Every bond resolution shall be introduced in writing in the form in which it is to be finally passed, and upon final passage shall
be published in full in at least 1 newspaper published in the County and having general circulation therein together with a notice in
substantially the following form:
NOTICE
The bond resolution published herewith was adopted on the .................. day of .................................... 20........., and the validity of
the obligations authorized by such resolution may be hereafter contested only if:
(1) Such obligations are authorized for a purpose for which the County is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially
complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication,
or
(3) Such obligations are authorized in violation of the provisions of the Constitution.
........................................................................ Clerk
(9 Del. C. 1953, § 4628; 56 Del. Laws, c. 103, § 13.)
§ 4630 Effective date of bond resolution.
Each bond resolution shall take effect immediately after passage.
(9 Del. C. 1953, § 4629; 56 Del. Laws, c. 103, § 13.)
§ 4631 Authorization of notes in anticipation of bonds.
In anticipation of the issuance of bonds, the county government may by resolution authorize the issuance of negotiable notes when it
shall have theretofore authorized the issuance of bonds. Such notes shall mature within 1 year from the date of their issue and may be
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renewed from time to time, but each renewal shall be for a period not exceeding 1 year, and in no event shall such notes extend more
than 7 years beyond the original date of issue.
(9 Del. C. 1953, § 4630; 56 Del. Laws, c. 103, § 13; 63 Del. Laws, c. 33, § 1.)
§ 4632 Other proceedings by resolution.
All matters in connection with the authorization, sale and issuance of the bonds or notes not specifically required to be provided in
the bond resolution may be determined or provided by subsequent resolutions adopted by the affirmative votes of at least the majority
of the members of the county government.
(9 Del. C. 1953, § 4631; 56 Del. Laws, c. 103, § 13.)
§ 4633 Payment of bonds.
The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent to
the adoption of the bond resolution, within the limitations provided in this chapter.
(9 Del. C. 1953, § 4632; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 108, § 3.)
§ 4634 Payment of installment.
The last installment of each authorized issue of bonds shall be paid not later than the date of expiration of the period of usefulness of
the project for the financing of which such bonds are issued, as determined in the bond resolution authorizing the issuance of the bonds,
computed from the date of issuance of the bonds or of the issuance of the first note or notes, whichever is the earlier.
(9 Del. C. 1953, § 4633; 56 Del. Laws, c. 103, § 13.)
§ 4635 Period of usefulness.
(a) The following maximum periods of usefulness are hereby prescribed for the respective projects authorized by this chapter, and the
period of usefulness of any project, determined in any bond resolution shall, in no event, exceed the maximum period hereby prescribed
for that project.
(b) The acquisition, construction or reconstruction of a sewage system or an addition thereto, whether or not including treatment or
disposal plants or buildings, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery
or apparatus, is 40 years; the replacement or the later addition of furnishings is 10 years.
(9 Del. C. 1953, § 4634; 56 Del. Laws, c. 103, § 13.)
§ 4636 Consolidation of bond issues.
Bonds for 1 or more specific objects or purposes or classes of objects or purposes, or a combination thereof, may be consolidated and
sold as a single bond issue.
(9 Del. C. 1953, § 4635; 56 Del. Laws, c. 103, § 13.)
§ 4637 Public sale of bonds.
All bonds issued under this law, except as otherwise provided in § 4644 of this title and except bonds of authorized issues of $30,000
or less and having a maximum maturity of not more than 5 years from the date of issuance of such bonds, shall be sold at public sale
upon sealed proposals after at least 10 days notice published at least once in a publication carrying municipal bond notices and devoted
primarily to financial news or to the subject of state and municipal bonds, published in the City of New York, and at least 10 days notice
published at least once in a newspaper published in the County and having general circulation therein. Bonds of authorized issues of
$30,000 or less, and maturing as hereinabove set forth, and all bond anticipation notes may be sold at private sale by such financial officer
as the county government may by resolution provide.
(9 Del. C. 1953, § 4636; 56 Del. Laws, c. 103, § 13.)
§ 4638 Contents of notice of sale — Generally.
The public notice of sale of bonds shall describe the bonds and set forth the terms and conditions of sale. It shall invite bidders to name
the rate or rates of interest to be borne by the bonds, which rate or rates shall be stated in multiples of 1/8 or 1/10 of 1 percent. The notice
shall also state that the bonds will not be sold for less than par and accrued interest.
(9 Del. C. 1953, § 4637; 56 Del. Laws, c. 103, § 13.)
§ 4639 Contents of notice of sale — Award of bonds at single interest rate.
Unless the notice of sale permits the naming of more than 1 rate of interest, as hereinafter provided, it shall state that all the bonds
bid for shall bear a single rate of interest and, in case of a sale of more than 1 issue, after describing the separate issues, shall state the
combined maturities as if such combined maturities constituted a single issue. The notice of sale shall state that the bonds will be awarded
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to the bidder offering the lowest interest rate and, as between bidders offering the same lowest rate, to the bidder who offers to pay the
highest cash premium.
(9 Del. C. 1953, § 4638; 56 Del. Laws, c. 103, § 13.)
§ 4640 Contents of notice of sale — Multiple rate bidding.
The notice of sale may, as an alternative to a single interest rate, permit bidders to name 2 or more interest rates for the bonds proposed
to be sold, within such limitations as the notice of sale may provide. In such event it shall state that all the bonds will be awarded to the
bidder on whose bid the total loan may be made at the lowest net interest cost to the district, such net cost being computed, as to each
bid, by adding to the total principal amount of the bonds the total interest which will be paid under the terms of the bid, after deducting
from such interest the amount of premium, if any.
(9 Del. C. 1953, § 4639; 56 Del. Laws, c. 103, § 13.)
§ 4641 Contents of notice of sale — Deposit.
The notice of sale shall require all bidders to deposit a certified or cashier’s check for 2% of the amount of bonds proposed to be sold,
to secure the district from any loss resulting from the failure of the bidder to comply with the terms of his or her bid.
(9 Del. C. 1953, § 4640; 56 Del. Laws, c. 103, § 13; 70 Del. Laws, c. 186, § 1.)
§ 4642 Contents of notice of sale — Rejection of proposals.
Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the terms of the
notice will be rejected.
(9 Del. C. 1953, § 4641; 56 Del. Laws, c. 103, § 13.)
§ 4643 Proposals opened publicly.
All proposals shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly announced.
(9 Del. C. 1953, § 4642; 56 Del. Laws, c. 103, § 13.)
§ 4644 Private sale to public agencies.
Notwithstanding this or any other law, any bonds may be sold without previous public offering to, and may be purchased by, the Sinking
Fund Commission or the Insurance or Pension Fund Commission of the County of Kent, or the State, or may be sold to any agency acting
on behalf of the United States of America.
(9 Del. C. 1953, § 4643; 56 Del. Laws, c. 103, § 13.)
§ 4645 Form of bonds.
Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, may be made subject
to registration as to principal only or as to both principal and interest.
(9 Del. C. 1953, § 4644; 56 Del. Laws, c. 103, § 13.)
§ 4646 Form of notes.
Notes may be issued in fully registered form; or notes may be issued in form payable to bearer, with interest payable to bearer on
presentation for endorsement, and, if so issued, shall be subject to full registration. Interest on notes issued in registered form and interest
on bearer notes which have been registered shall be payable to the registered holder.
(9 Del. C. 1953, § 4645; 56 Del. Laws, c. 103, § 13.)
§ 4647 Execution of bonds and notes.
All bonds and notes shall be executed in the name of the County of Kent by such officials, including a financial officer, as may be
designated by resolution of the county government, and shall be under the seal or a facsimile seal of the County and attested by the Clerk.
Coupons attached to a bond shall be authenticated by the manual signature or the facsimile signature of the financial officer signing the
bond.
(9 Del. C. 1953, § 4646; 56 Del. Laws, c. 103, § 13.)
§ 4648 Bonds and notes redeemable prior to maturity.
No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity on
such notice, at such time or times, with such redemption provisions and at such redemption prices as may be stated in the bond or note.
When any such bond or note shall have been validly called for redemption, and any payment of the principal thereof and of the interest
thereon accrued to the date of redemption shall have been made or provided for, interest thereon shall cease.
(9 Del. C. 1953, § 4647; 56 Del. Laws, c. 103, § 13.)
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§ 4649 Interest rates.
Bonds or notes issued pursuant to this law may bear interest at a rate or rates, without limitation, which may be determined by resolution
of the county government.
(9 Del. C. 1953, § 4648; 56 Del. Laws, c. 103, § 13; 57 Del. Laws, c. 602.)
§ 4650 Application of proceeds.
After payment of the reasonable cost of issuance, including printing or engraving costs, advertising expense and legal and other
professional expenses, the proceeds of the sale of any bonds or notes shall be applied only to the purpose or purposes for which the
obligations were authorized to be issued, and any excess amount thereof or any amount thereof which for any reason is not necessary
for any such purpose, shall:
(1) Be applied to payment of such obligations at not more than their face value; and
(2) Be applied to payment of the first maturing installments of such issue.
(9 Del. C. 1953, § 4649; 56 Del. Laws, c. 103, § 13.)
§ 4651 Bonds and notes negotiable.
All bonds and notes of the County issued pursuant to this law, whether payable to bearer or in fully registered form, shall be negotiable
instruments.
(9 Del. C. 1953, § 4650; 56 Del. Laws, c. 103, § 13.)
§ 4652 Reconversion of fully registered bonds.
Any bond originally issued in form payable to bearer with coupons attached may contain a provision that, when it has been fully
registered, it will, on the written request of the holder thereof, be reconverted, at the expense of such holder, into a new coupon bond
by the preparation and substitution of a new bond and coupons for unmatured interest, of the same form and tenor as those originally
authorized. Any such bond may again be converted into a fully registered bond and be reconverted into a coupon bond from time to time
in the manner herein provided. The resolution of the governing body authorizing any conversion or reconversion shall set forth the date,
maturities, interest rate, denominations, and numbers of the old and new bonds and the name of the holder.
(9 Del. C. 1953, § 4651; 56 Del. Laws, c. 103, § 13.)
§ 4653 Reissuance of bonds or notes lost or destroyed.
If lost or completely destroyed, any bond or note may be reissued in the form and tenor of the lost or destroyed bond upon the owner
furnishing, to the satisfaction of the governing body:
(1) Proof of ownership;
(2) Proof of loss or destruction;
(3) A surety bond in twice the face amount of the bond and coupons; and
(4) Payment of the cost of preparing and issuing the new bond or note.
(9 Del. C. 1953, § 4652; 56 Del. Laws, c. 103, § 13.)
§ 4654 Reissuance of defaced or partially destroyed bonds or notes.
If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond or note, to
the bearer, or if registered, to the registered holder, at the expense of such holder, on surrender of the defaced or partially destroyed bond
or note, and on such other conditions as the resolution authorizing the reissuance may provide.
(9 Del. C. 1953, § 4653; 56 Del. Laws, c. 103, § 13.)
§ 4655 Certain agreements forbidden.
In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or any official
of the County of Kent to:
(1) Agree to pay directly or indirectly any bonus for the issuance or for the sale of the obligations authorized, and every such payment
may be recovered by the County in an action at law;
(2) Enter into any agreement with any original purchaser or his or her representative regarding the deposit or disposition of any
moneys received or to be received from such sale and every such agreement shall be void;
(3) Enter into any agreement in the nature of a service contract providing for publication of notice of sale, and printing of bonds or
notes, and for the providing of a legal opinion or for any technical or advisory services used in connection with the issuance of bonds or
notes, unless such agreement provides that any advisor, agent, technician or any other person acting in an advisory capacity agrees not to
offer to purchase or to participate in the purchase, or in the distribution of the bonds or notes at public or private sale; and any agreement
to the contrary shall be void and any money or compensation paid thereon may be recovered by the County in an action at law.
(9 Del. C. 1953, § 4654; 56 Del. Laws, c. 103, § 13; 70 Del. Laws, c. 186, § 1.)
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§ 4656 Payment of bonds and notes.
The power and obligation of the County to pay all bonds and notes hereafter issued by it pursuant to this chapter shall be unlimited.
The full faith and credit of the County is hereby pledged for the payment of the principal of and the interest on all bonds and notes of
the County hereafter issued pursuant to this chapter whether or not such pledge be stated in the bonds or notes, or in the bond resolution,
or note resolution, authorizing their issuance. Bonds or notes issued for the purpose of acquiring, constructing, extending or improving
projects authorized by this chapter may be additionally secured by a pledge of the revenue derived from the operation of said enterprise,
as may be provided in the bond resolution or note resolution, authorizing the bonds or notes.
(9 Del. C. 1953, § 4655; 56 Del. Laws, c. 103, § 13.)
§ 4657 Appropriation may include engineering and other costs.
In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the engineering,
legal and other professional costs, and other costs of acquisition, construction or reconstruction of the property or improvement to be
financed. Interest on notes issued during the construction period may also be financed.
(9 Del. C. 1953, § 4656; 56 Del. Laws, c. 103, § 13.)
§ 4658 Validity of bonds not dependent on preliminary proceedings.
It is the intent of this chapter that the power to issue obligations under this chapter and the validity of the bonds or notes so issued
shall not be affected by, or be dependent in any way on the validity or the regularity of any proceedings for the issuance of any bonds or
notes to be renewed, extended, retired, funded or refunded by the issuance of such obligations, and shall be independent of the power to
make improvements or acquire property and shall not be dependent on or affected by the validity or regularity of any improvements or
the acquisition of any property, or the authorization thereof, for the financing of which such bonds or notes are issued, or are to be issued.
(9 Del. C. 1953, § 4657; 56 Del. Laws, c. 103, § 13.)
§ 4659 Legal effect of debt statement.
After the issuance of any bonds or notes in reliance on any debt statement issued by the County, the accuracy and sufficiency of such
debt statement shall not be contested by any suit, action or proceeding relating to the validity of such bonds or notes and such bonds or
notes shall be presumed to be within all debt or other limitations prescribed by any law of this State.
(9 Del. C. 1953, § 4658; 56 Del. Laws, c. 103, § 13.)
§ 4660 Short period of limitations.
The bond resolution authorizing the issuance of bonds, or any notes issued in anticipation of said bonds, may be contested only if:
(1) Such obligations are authorized for a purpose for which the County is not authorized to expend money;
(2) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially
complied with, and an action, suit or proceeding contesting such validity, is commenced within 20 days after the date of such publication;
or
(3) Such obligations are authorized in violation of the Constitution of this State.
(9 Del. C. 1953, § 4659; 56 Del. Laws, c. 103, § 13.)
§ 4661 Construction of chapter with other laws.
The powers conferred by this chapter shall be in addition to, and not in substitution for, the powers conferred by any other general,
special or local law. The powers conferred by this chapter may be exercised notwithstanding that any other general, special or local law
may confer such powers, and without regard to the requirements, restrictions, limitations or other provisions contained in such other
general, special or local law.
(9 Del. C. 1953, § 4660; 56 Del. Laws, c. 103, § 13.)
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Title 9 - Counties
Part III
Kent County
Chapter 47
Garbage Disposal
Subchapter I
General Provisions
§ 4701 Acquisition of land; construction and operation of incineration plant; definitions.
(a) The county government may acquire land or any interest therein at any place within the County that it deems advisable and may
construct and operate upon the land so acquired an incineration or garbage disposal plant or plants. The county government may enter
into contracts and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing
and equipping of an incineration or garbage disposal plant or plants and may require from such persons, firms or corporations proper
security for the faithful performance of the work to be done. The county government may engage the services of competent architects
and engineers in connection with the construction of the plant or plants and shall award any contract to the lowest responsible bidder
with the right to reject any and all bids.
(b) The words “garbage disposal plant or plants” wherever used in this chapter include incineration, sanitary landfill, garbage grinding
plants, composting for disposal of garbage, or any other means of garbage disposal which shall conform with reasonable standards of
sanitary engineering.
(9 Del. C. 1953, § 4701; 56 Del. Laws, c. 103, § 14.)
§ 4702 Acquisition of land by purchase.
The county government may acquire the land, or interest therein, by purchase, but not by exercise of the right of eminent domain.
(9 Del. C. 1953, § 4702; 56 Del. Laws, c. 103, § 13.)
§ 4703 Powers of county government as to operation of plant; regulations and charges for service.
(a) The county government may enter into contracts, leases or agreements of any nature pertaining to the operation of the incineration
and garbage disposal plant or plants, including the right to sell such portion of land acquired as may not be necessary to use. The power
to contract shall include the power to contract with any governmental agency of any sort whatsoever and to receive grants in aid from
any such agency or any other person or organization.
(b) The county government may adopt regulations and establish fees and charges for the services rendered by the said incineration
and garbage disposal plant or plants.
(9 Del. C. 1953, § 4703; 56 Del. Laws, c. 103, § 14.)
§ 4704 Power to borrow money and issue bonds.
The county government may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of
acquiring land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such
a plant or plants in the County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing
such rate of interest, not exceeding 3 percent per annum, and in such form as the county government shall deem expedient. The interest
upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.
(9 Del. C. 1953, § 4704; 56 Del. Laws, c. 103, § 14.)
§ 4705 Terms of bonds.
The county government shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond
shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the county government be made redeemable at
such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the county government
prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this chapter,
as the county government may deem expedient.
(9 Del. C. 1953, § 4705; 56 Del. Laws, c. 103, § 14.)
§ 4706 Execution and record of bonds.
The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County
Treasurer, the President of the county government and the clerk of the peace of Kent County, and shall be under the seal used by the
county government. Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and
County Treasurer and the county government shall keep a record of the bonds.
(9 Del. C. 1953, § 4706; 56 Del. Laws, c. 103, § 14.)
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Title 9 - Counties
§ 4707 Sale of bonds.
The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in
custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that
any part or all of the bonds shall be sold, the county government may sell and dispose of the same at public sale after having advertised
the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid
to any members of the county government for effecting the sale or negotiation of such bonds.
(9 Del. C. 1953, § 4707; 56 Del. Laws, c. 103, § 14.)
§ 4708 Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County.
(b) The county government in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition
to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Receiver
of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes
and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time
to time become due under the provisions of this chapter.
(9 Del. C. 1953, § 4708; 56 Del. Laws, c. 103, § 14; 63 Del. Laws, c. 142, § 22; 70 Del. Laws, c. 186, § 1.)
§ 4709 Deposit and use of proceeds of sale of bonds.
All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the
preparation and sale thereof, shall be deposited by the Receiver of Taxes and County Treasurer in a state or national bank designated by
Kent County, to the credit of the county government in a separate account, and payments thereof shall be made in the same manner as
other payments by the county government. No part of the money thus obtained, except as in this section provided, shall be used for any
other purposes than those stated in this chapter, and the purchasers or holders of the bonds shall not be bound to see to or be affected by
the application of the money realized from the sale of the bonds.
(9 Del. C. 1953, § 4709; 56 Del. Laws, c. 103, § 14; 63 Del. Laws, c. 142, § 23.)
Subchapter II
Garbage Collections in Unincorporated Areas
§ 4720 Definitions.
As used in this subchapter:
(1) “Garbage” means residential garbage and trash to the exclusion of commercial and industrial refuse.
(2) “Garbage collection district” means an area in Kent County outside of the limits of any incorporated municipality, within
ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical garbage
collection pursuant to the procedures of this subchapter.
(3) “Garbage collection unit” means each improved parcel of real estate located within the boundaries of a garbage collection district
and either used or intended for residential purposes.
(9 Del. C. 1953, § 4720; 58 Del. Laws, c. 221.)
§ 4721 Petition to establish garbage collection district.
Twenty-five real property owners of any area in Kent County contained within ascertainable boundaries and lying outside the limits
of any incorporated municipality may petition the Kent County government to declare the area a garbage collection district. The petition
shall set forth the boundary lines of the proposed garbage collection district and shall be filed on or before the first Tuesday in any month
in any year with the clerk of the peace of Kent County.
(9 Del. C. 1953, § 4721; 58 Del. Laws, c. 221.)
§ 4722 Public hearing.
Upon receipt of the petition, the county government shall hold a public hearing, notice of which shall be published at least once in a
newspaper published within the County. Said notice shall be published not more than 21 and at least 10 days before the public hearing
and shall contain a description of the boundaries of the proposed garbage collection district and a statement that the county government
will hold a hearing to consider whether or not to create the proposed disposal district. The notice shall also state that in the event the
county government decides to create the proposed garbage disposal district, the county government will contract for garbage collection
and assess the unit costs of garbage collection against each unit of real property used or intended for residential purposes within the
garbage collection district.
(9 Del. C. 1953, § 4722; 58 Del. Laws, c. 221; 71 Del. Laws, c. 255, § 1.)
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§ 4723 Creation of garbage collection district.
If the county government determines, after a public hearing, that it is in the public interest to create the proposed garbage collection
district, it shall pass a resolution to that effect.
(9 Del. C. 1953, § 4723; 58 Del. Laws, c. 221.)
§ 4724 Contracts for garbage collection authorized.
The county government may enter into a contract with any private or public garbage collector to collect the garbage of each garbage
collection unit located within the garbage collection district. The mere creation of a garbage collection district pursuant to § 4723 of this
title shall not obligate the county government to enter into a contract hereunder if in its opinion the bids received pursuant to § 4725
of this title are too costly.
(9 Del. C. 1953, § 4724; 58 Del. Laws, c. 221.)
§ 4725 Award of contracts.
No contract for garbage collection shall be awarded unless the county government shall publicly invite sealed bids by at least 14 days’
notice in a newspaper published within the County. Bids so obtained shall be publicly opened and awarded to the lowest responsible
bidder except that the county government may reject any or all bids. The county government may in its specifications include reasonable
qualifications for bidders in respect to equipment. The county government may provide for contracts in excess of 1 year and may impose
such provisions, conditions and limitations as deemed desirable, including requirements that no 1 bidder may serve the entire county.
(9 Del. C. 1953, § 4725; 58 Del. Laws, c. 221; 60 Del. Laws, c. 329, § 3.)
§ 4726 Levy and collection of garbage collection tax.
(a) In order to pay the annual costs for any garbage collection contract entered into pursuant to § 4724 of this title, the county
government shall divide the annual contract cost, plus a pro rata administrative cost as determined by the county government, by the
number of garbage collection units within the garbage collection district to arrive at the annual unit cost. The annual unit cost shall then
be assessed against each garbage collection unit located within the boundaries of the garbage collection district. No parcel of real estate
shall be exempt from paying its annual unit cost because it is uninhabited so long as it is improved and intended for residential use. No
parcel of real estate so improved and intended for residential use shall be exempt from paying its annual unit cost because its owner
chooses not to use the garbage collection service.
(b) The annual unit cost assessed against each garbage collection unit shall be levied and collected by the Board of Assessment, county
government and Receiver of Taxes and County Treasurer at the same time and in the same manner as other county taxes and shall be a lien
on real property the same as other county taxes. The tax shall be included on the county tax bills under the heading “garbage collection tax.”
(9 Del. C. 1953, § 4726; 58 Del. Laws, c. 221; 59 Del. Laws, c. 198, § 1.)
§ 4727 Administration of funds.
All amounts collected pursuant to this subchapter shall be paid into the general fund of Kent County and all payments for garbage
collection shall be paid out of the general fund of Kent County. Should Kent County fail in any 1 year to collect all of the taxes in the
garbage collection district necessary to pay the contract price for garbage collection in any year, the county government may pay the
deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund
in anticipation of collection of the garbage collection tax.
(9 Del. C. 1953, § 4727; 58 Del. Laws, c. 221.)
§ 4728 Annual rebidding on contracts [Repealed].
Repealed by 60 Del. Laws, c. 329, § 1, eff. Mar. 26, 1976.
§ 4729 Continuation and termination of contracts; consolidation of garbage collection districts.
Once a garbage collection district has been formed and garbage collection undertaken pursuant to this subchapter, the county
government may, without further public hearings, enter into new contracts for garbage collection. However, the county government may
determine not to continue garbage collection for any garbage collection district at the expiration of any contract entered into pursuant
to this subchapter. The county government may, without further public hearings, consolidate 2 or more garbage collection districts into
a single district.
(9 Del. C. 1953, § 4729; 58 Del. Laws, c. 221; 59 Del. Laws, c. 198, § 2; 60 Del. Laws, c. 329, § 2.)
§ 4730 Annual budgeting.
(a) The annual amounts required for garbage collection contracts entered into pursuant to the provisions of this subchapter shall be
included in the annual budget request of the office of County Engineer under separate headings for each garbage collection district. After
levying the garbage collection tax, the county government shall deliver a separate tax collection warrant together with a list of taxables
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Title 9 - Counties
for each garbage collection district to the Receiver of Taxes and County Treasurer commanding him or her to collect from the persons
named in the said list their garbage collection tax and its amount.
(b) Should a garbage collection district be formed and a garbage collection contract awarded after the commencement of any fiscal
year, the county government shall include in the next annual budget an amount sufficient to reimburse the general fund for the expenditure
during the last fiscal year as well as an amount sufficient to pay the contract cost for the coming fiscal year. Any contract awarded after
the commencement of a fiscal year shall expire at the beginning of the next fiscal year.
(9 Del. C. 1953, § 4730; 58 Del. Laws, c. 221; 70 Del. Laws, c. 186, § 1.)
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Title 9 - Counties
Part III
Kent County
Chapter 48
Regional Planning
§ 4801 Definitions.
As used in this chapter, unless the same shall be inconsistent with the context:
(1) “Commission” means “Regional Planning Commission of Kent County” created by this chapter.
(2) “Council” means “the Council of the Mayor and Council of Dover.”
(3) “County Engineer” means “County Engineer of Kent County.”
(4) “County government” means the county governing body of Kent County.
(5) “District” means “Regional Planning District of Kent County” created by this chapter.
(6) “Highway Department” means “State Department of Transportation of the State of Delaware.”
(7) “Land development” means “any tract or parcel of land upon which is proposed the construction or erection of 1 or more
commercial, industrial, multi-family, or mobile home park use.”
(8) “Minor subdivision” means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land is created,
either said created parcel is not on a new road, or said created parcel or parcels is on a private road approved pursuant to regulations
adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision and shall not apply to
the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision is sought. Original tract shall be
deemed to be all tracts separately in existence upon effective date of this definition.
(9) “Recorder’s office” means “Recorder of Deeds in and for Kent County.”
(10) “Road” includes any “road,” “street,” “highway,” “freeway,” “parkway” or other public thoroughfare.
(11) “Subdivision” means division of any part, parcel or area of land by the owner or the owner’s agent, into lots or parcels 2 or more
in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets, lanes, driveways
and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon. A subdivision
includes:
a. Any division of a parcel of land having frontage on an existing improved street into 2 or more lots, 1 or more of which have
frontage on the existing street;
b. Any development of a parcel of land which involves installation of streets and driveways whether or not dedicated and whether
or not the parcel is divided for the purpose of immediate conveyance, transfer or sale;
c. Any resubdivision and, as appropriate, shall refer to the process of subdividing land or the land so subdivided.
(9 Del. C. 1953, § 4801; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 5, 6; 60 Del. Laws, c. 503, § 22; 67 Del. Laws, c.
167, § 1; 69 Del. Laws, c. 410, § 1; 70 Del. Laws, c. 186, § 1.)
§ 4802 Regional Planning Commission and Regional Planning District; statement of purposes.
For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for
roads, airways, railways, public buildings, parks, playgrounds, civic centers, airports, commercial, industrial and residential developments,
water supplies, sewers and sewage disposal, drainage and other improvements and utilities (excepting, however, privately owned public
utilities engaged in furnishing light, heat, power, transportation or communication by telephone or by telegraph or otherwise, as to which
the provisions of this chapter shall not apply) in that portion of Kent County which is not included within the corporate limits of any city or
town, unless any territory within such corporate limits is included upon request made by the governing body of authority of any such city
or town, and as well as for the purpose of preventing the unnecessary duplication of such improvements or utilities, a department known as
the Regional Planning Commission of Kent County is created for the area to be known as the Regional Planning District of Kent County.
(9 Del. C. 1953, § 4802; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 7.)
§ 4803 Regional Planning Commission.
The county government shall, by ordinance, establish a Regional Planning Commission and determine the membership, terms,
qualifications and compensation of said Commission.
(9 Del. C. 1953, § 4803; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 8, 9; 58 Del. Laws, c. 340, §§ 3, 4; 60 Del. Laws, c.
503, § 22; 66 Del. Laws, c. 323, § 1.)
§ 4804 Office space and equipment.
The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission, and
the county government shall furnish and supply all necessary equipment for the office.
(9 Del. C. 1953, § 4804; 56 Del. Laws, c. 103, § 15; 58 Del. Laws, c. 340, § 5; 66 Del. Laws, c. 323, § 2.)
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§ 4805 Secretary of Commission and other personnel.
(a) The Commission shall appoint a secretary who shall serve for such time, and perform such duties and receive such compensation
as the Commission may prescribe. The secretary shall give bond if required by the Commission in such amount as the Commission may
require.
(b) The Commission may appoint, discharge at pleasure and fix the compensation of such employees and staff or may contract for
the services of such persons, firms, or corporations as from time to time, in its judgment may be necessary to the exercise of its powers
under this chapter; provided, however, that all actions of the Commission are subject to county government approval, and the county
government may require any employee to give bond with surety approved by it in a sum to be fixed by the Commission.
(9 Del. C. 1953, § 4805; 56 Del. Laws, c. 103, § 15; 70 Del. Laws, c. 186, § 1.)
§ 4806 Assistance to Commission by County and City of Dover.
The county government or council may, from time to time, upon request of the Commission and for the purpose of special surveys,
assign or detail to the Commission any members of the administrative staffs or agencies of the county or city, or may direct any such staff
or agency to make for the Commission special surveys or studies requested by the Commission.
(9 Del. C. 1953, § 4806; 56 Del. Laws, c. 103, § 15.)
§ 4807 Master plan of District.
(a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to be
incorporated in the road system, together with the indication of their existing and proposed widths; existing and proposed county parks,
playgrounds, parkways, and other recreation places; existing and proposed county airways, aviation fields and other county open places;
existing and proposed sites for county buildings; and such other features as may come wholly or partially within county jurisdiction; and
in addition, similar elements of the plan existing and proposed within city or town as have or are likely to bear an important relation to the
above county features. Such master plan shall be a public record, but its purpose and effect shall be solely as an aid to the Commission
in the performance of its duties.
(b) The Commission may, from time to time, amend, extend or add to the master plan.
(c) The master plan may cover areas within the corporate limits of any city or town in Kent County, to the extent that such areas shall
be deemed, in the judgment of the Commission, to be related to the planning of the District. The master plan shall have no legal effect in
such areas except as in pursuance of a request for the inclusion of such area within the District as provided in § 4802 of this title.
(d) The Commission shall encourage the cooperation of the cities and towns within Kent County in any matter concerning the master
plan and, if requested, shall advise the governing body or authority of any city or town in Kent County with respect thereto.
(9 Del. C. 1953, § 4807; 56 Del. Laws, c. 103, § 15.)
§ 4808 Road surveys.
The Commission may, in pursuance of the development and carrying out of its master plan, make from time to time surveys for the exact
location of the lines of future roads, road relocations, road extensions, road widenings or narrowings in the District or any portion thereof,
and make plats of the areas thus surveyed, showing the Commission’s recommendations for the exact locations of such future road lines.
(9 Del. C. 1953, § 4808; 56 Del. Laws, c. 103, § 15.)
§ 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
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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.
(9 Del. C. 1953, § 4809; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22.)
§ 4810 Subdivision plans; land development plans; road plats; submission to Commission; recording; fees;
regulations.
(a) Plans depicting the location, proposed grades, and drainage of all roads intended to be dedicated by the owner thereof to the public
use or for the use of owners of property abutting thereon or adjacent thereto, and plats of all subdivisions and land developments, within
the limits of the District, shall be submitted to the Commission for its approval. No person shall record any plan showing any new or
proposed road or any plat showing any new or proposed subdivision or land development, in any public office in Kent County, unless
such plan or plat shall show thereon by endorsement its approval by the Commission; expressly provided, however, said endorsement of
approval for minor subdivision shall be by administrative Commission staff pursuant to minor subdivision regulations which the county
government is hereby authorized and directed to adopt. The Commission’s approval of any road plan shall, when recorded, be deemed
and taken as an acceptance of the intended dedication of the road appearing thereon, but shall not impose any duty upon the county
government or upon the Department of Transportation respecting the maintenance or improvement thereof. Such road plan shall, when
recorded, become a part of the official map. The county government may adopt such regulations as are deemed advisable for the removal
of snow from the streets appearing on the plan from the time the plan is recorded until the obligation to maintain such improvements is
assumed either by a maintenance corporation or by an appropriate public agency.
(b) No plat of land showing any new or proposed subdivision or land development within the District shall be received, filed, or recorded
by the Recorder of Deeds in and for Kent County until the plat shall have been submitted to and approved by the Commission and such
approvals endorsed in writing on the plat by the Director of Planning Services and the County Administrator. The filing or recording
of a subdivision or land development plat without the approval of the Commission and/or without the endorsements of the Director of
Planning Services and the County Administrator shall, upon application of the Commission or the county government to the Superior
Court in and for Kent County, be expunged from the records maintained by the Recorder of Deeds.
(c) On the basis of the estimated cost of the services to be rendered by it in connection with the consideration of such plats and the
work incident thereto, the Commission may fix the scale of fees to be paid to it and may from time to time amend such scale. In the case
of each plat submitted to the Commission, the fee thus fixed shall be paid before the plat is approved or disapproved, but such fees shall
not exceed the actual cost to the Commission of the services and shall be paid by the person requesting the Commission’s approval.
(d) Every such plat shall be prepared upon cloth of such size and character, with such notations, information and markings, and
accompanied by such data and information as the Commission may, by regulation prescribe, and shall have such permanent markers,
boundary stones or stations as the Commission shall prescribe, which shall be shown and designated on the plat thereof. The Commission
shall prescribe the procedure for the submission of such plats and action in respect thereto, which shall include certification by a registered
engineer or land surveyor as to the proper location on the plat of the aforesaid boundary markers, boundary stones or stations.
(9 Del. C. 1953, § 4810; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, §§ 10, 11; 60 Del. Laws, c. 503, § 22; 69 Del. Laws, c.
410, § 2; 70 Del. Laws, c. 255, § 2; 77 Del. Laws, c. 175, §§ 1, 2.)
§ 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.
(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.)
§ 4812 Recording unapproved plan; penalty for.
Any Recorder who receives for filing or recording any plan or map contrary to the provisions of this chapter shall be fined not less
than $100 nor more than $500.
(9 Del. C. 1953, § 4812; 56 Del. Laws, c. 103, § 15.)
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§ 4813 Cooperation with other agencies.
(a) Upon the request of the county government or the Council or the Department of Transportation or the Department of Health and
Social Services or any other state, county or municipal agency, board, department, commission or authority, the Commission shall, upon
such terms as may mutually be agreed upon, prepare plans and supply information relating to any of the matters set forth in this chapter.
(b) In exercising the powers conferred by this chapter the Commission is empowered to act in conjunction and cooperation with
representatives, agencies, or officers of the United States government, this State, any other state, or any county, city or town within or
without this State.
(9 Del. C. 1953, § 4813; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 503, § 22; 70 Del. Laws, c. 149, § 4.)
§ 4814 Entry upon land; access to records.
(a) In the performance of the functions and duties of the Commission any member thereof or any employee or agent thereof shall have
the right to enter and go upon, at reasonable times (Sundays and holidays excluded) between the hours of 8:00 a.m. and 5:00 p.m. any
lands in the District, either public or private, and to make surveys and to place and maintain necessary monuments and markers thereon,
but such entry shall be made with due care and regard for the protection and preservation of property.
(b) In the performance of the functions and duties of the Commission, any member, employee or agent of the Commission shall have
free access, without expense, to all state, county, municipal and other public records.
(9 Del. C. 1953, § 4814; 56 Del. Laws, c. 103, § 15.)
§ 4815 Appropriation; authority to make.
The county government may annually appropriate a sum not exceeding $200,000 for the purpose of carrying out this chapter, to be
paid as other county expenses out of moneys collected for taxes for county purposes.
(9 Del. C. 1953, § 4815; 56 Del. Laws, c. 103, § 15; 60 Del. Laws, c. 233, § 1.)
§ 4816 Issuance of building and occupancy permits.
(a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement,
utility or structure on any part of any land which is required to be submitted to the Commission as provided in § 4810 of this title after
the adoption of regulations, and no street, right-of-way, sanitary sewer, storm sewer, water main, or other improvements in connection
therewith shall be constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting
thereon, except pursuant to an approval received for the road, subdivision or land development plan in accordance with the provisions
contained in this chapter.
(b) No occupancy permit shall be issued for such building, improvement, utility or structure, or land thereunder, except upon a
determination of full compliance with the road, subdivision or land development plan approval.
(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set aside for
future right-of-way needs, as provided in § 145 of Title 17, no building permit shall be issued by the County for the erection of any
building or for the construction of any improvement, or structure on any part of any land which lies, or is located, within the lines of any
land designated and set aside for future highway right-of-way needs as appears on the Department’s Future Right-of-Way Map — Final,
except as hereinafter provided in subsection (d) of this section.
(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions of
subsection (c) of this section unless the Department, after being given written notice thereof by the Commission shall:
(1) Within 60 days of receipt of such notice, file with the Commission a declaration that:
a. The issuance of the permit will be detrimental to future highway planning and construction; and
b. That the land described in the permit application is needed for future highway purposes; and
(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire all of
the land described in said building permit application as may be located within said future highway right-of-way.
(9 Del. C. 1953, § 4816; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 241, § 12; 57 Del. Laws, c. 754, §§ 5, 6; 60 Del. Laws, c.
503, § 22.)
§ 4817 Powers and duties of municipal corporations not affected.
Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred upon any
municipal corporation over, in or upon any lands lying outside of the corporate limits of municipal corporations.
(9 Del. C. 1953, § 4817; 56 Del. Laws, c. 103, § 15.)
§ 4818 Appeals from county government decisions.
All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court of Kent
County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotary shall give notice to the Clerk of
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the Peace of Kent County who shall transmit to the Prothonotary within 10 days the written decision of the county government, which
decision shall set forth the legal and factual basis for the refusal of the county government to permit the recording of the plat in the
manner requested.
(9 Del. C. 1953, § 4818; 57 Del. Laws, c. 710.)
§ 4819 Notice to local school districts of residential subdivision plans or changes in residential subdivision
plans that increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases
residential density, the county government shall notify the local school district for the area at least 7 days prior to any such approval
process.
(66 Del. Laws, Sp. Sess., c. 195, § 2.)
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Part III
Kent County
Chapter 49
Zoning
Subchapter I
General Provisions
§ 4901 Power of county government; area subject to regulation.
(a) The county government may, in accordance with the conditions and procedure specified in this subchapter, regulate the location,
height, bulk and size of buildings, parking areas, and other structures, the percentage of lot which may be occupied, the size of yards,
courts, and other open spaces, the density and distribution of population, the location and uses of buildings, parking areas, and structures
for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, residence, parking,
recreation, public activities, water supply conservation, soil conservation, or other similar purposes, in any portion or portions of Kent
County which lie outside of incorporated municipalities, or incorporated municipalities without zoning provisions, notwithstanding any
provisions of other titles or chapters of this Code to the contrary. Any real property proposed to be used for an agritourism activity as
defined in this title shall be given an expedited review before the Levy Court.
(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or
other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use, or to
any land, building, greenhouse or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed
to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be
devoted to agricultural use if:
(1) The land, building, greenhouse or structure is assessed pursuant to § 8335 of this title;
(2) The land, building, greenhouse or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;
(3) The person who owns, leases or otherwise controls the land, building, greenhouse or structure is required to implement a nutrient
management plan or agricultural waste management plan for the same and the land, building, greenhouse or structure itself is devoted
to or used in the production for sale of plants and animals useful to man, including but not limited to:
a. Forages and sod crops;
b. Grains and feed crops;
c. Dairy animals and dairy products;
d. Poultry and poultry products;
e. Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or
all of such animals;
f. Bees and apiary products;
g. Fish, hydroponic and aquacultural products;
h. Fur animals; and
i. Trees and forest products;
(4) The land, building, greenhouse or structure is devoted to and meets the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agreement with an agency of the federal government; and
(5) The land, building or structure is a farm market or roadside stand provided:
a. The products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with
such farm operation; or
b. The products are grown or produced on a local regional farm, and such farm market or roadside stand shall comply with the
following provisions:
1. All buildings, structures and associated canopies shall comply with the building height setback requirements established by
the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit
requirements as enacted by the local jurisdiction;
2. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local
jurisdiction provided that at least 1 parking space shall be provided for each 100 square feet of floor area of the establishment.
The area of 1 parking space shall be equivalent to a standard parking stall of 9# x 18#;
3. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from
the Delaware Department of Transportation prior to the start of construction; and
4. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its
zoning ordinances.
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(c) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to the agricultural uses of conducting
hayrides, horseback riding, guided tours, barn parties and petting zoos.
(9 Del. C. 1953, § 4901; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, c. 207, § 1; 74 Del. Laws, c. 144, § 2; 75 Del. Laws, c. 244, §§
3, 4; 76 Del. Laws, c. 409, § 3; 78 Del. Laws, c. 143, §§ 1-3; 80 Del. Laws, c. 141, § 2.)
§ 4902 Zoning plan and regulations.
(a) For any or all of the purposes specified in § 4901 of this title the county government may divide the territory of Kent County into
districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the erection,
construction, reconstruction, alterations, and uses of buildings and structures and the uses of land.
(b) All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in 1 district
may differ from those in other districts.
(c) The county government shall provide for the manner in which regulations shall be enforced and shall designate the administrator
of the regulations. The administrator so designated shall have authority to act as such throughout the County.
(9 Del. C. 1953, § 4902; 56 Del. Laws, c. 103, § 16.)
§ 4903 Purposes of regulations.
(a) Regulations adopted by the county government, pursuant to the provisions of this subchapter, shall be designated and adopted for
the purpose of promoting the health, safety, morale, convenience, order, prosperity or welfare of the present and future inhabitants of this
State, including, amongst other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of
roads, securing safety from fire and other dangers, providing adequate light and air, preventing on the 1 hand excessive concentration of
population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population
and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate
provisions for public requirements, transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation,
soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State’s agricultural
and other industries, and the protection of both urban and nonurban development.
(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved,
its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend
and character of land, building and population development.
(9 Del. C. 1953, § 4903; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, c. 207, § 1.)
§ 4904 Kent County Zoning Commission; consolidation with Regional Planning Commission.
(a) In order to avail itself of the powers conferred by this subchapter, the county government shall appoint a commission of 5 members
which shall be known as the Kent County Zoning Commission. Each member shall be appointed for a term of 6 years except that a
member appointed to fill a vacancy occurring for any reason other than expiration of term, shall be appointed for the unexpired term.
(b) Each member shall be a freeholder and resident of Kent County, 4 of whom shall live outside any incorporated city or town. No
more than 3 of the members of the Commission shall be of the same political party. Originally 3 members shall be appointed for 3 years,
and the remaining 2 for 6 years so that at any biennial election, no more than 3 members shall be up for appointment. Members of the
Regional Planning Commission otherwise qualified, shall be eligible for appointment to the Kent County Zoning Commission.
(c) Upon adoption of permanent zoning regulations by the county government, the Zoning Commission shall cease to exist and the
members of the Zoning Commission shall become voting members of and shall serve out their terms on the Kent County Regional Planning
Commission. Upon expiration of the said original terms, reappointment or appointment of new members shall be in accordance with the
terms established for members of the Regional Planning Commission. Following consolidation with the Zoning Commission, the Kent
County Regional Planning Commission shall henceforth exercise all of the powers and duties herein set forth for the Zoning Commission.
(9 Del. C. 1953, § 4904; 56 Del. Laws, c. 103, § 16; 56 Del. Laws, c. 241, § 13; 58 Del. Laws, c. 340, § 1; 66 Del. Laws, c. 207, §
1.)
§ 4905 Assistance from and cooperation with other agencies.
The Zoning Commission shall make use of the expert advice and information which may be furnished by appropriate state, federal,
or other officials, departments and agencies. All officials, departments, and agencies within the State having information, maps and data
pertinent to county zoning shall make the same available for the use of the Zoning Commission, as well as furnish such other technical
assistance and advice as they may have available for such purpose.
(9 Del. C. 1953, § 4905; 56 Del. Laws, c. 103, § 16.)
§ 4906 Personnel and office facilities of Zoning Commission.
The Zoning Commission may employ such experts, trained personnel, and staff as the funds provided therefor may permit. The county
government shall furnish the Zoning Commission with appropriate office space and other facilities. The county government may pay to
the Regional Planning Commission of Kent County for salaries and other expenses of the Zoning Commission an amount based upon a
proportionate use of personnel and facilities of the Regional Planning Commission by the Zoning Commission.
(9 Del. C. 1953, § 4906; 56 Del. Laws, c. 103, § 16.)
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§ 4907 Tentative zoning plan; preparation of by Commission.
The Zoning Commission shall make, as promptly as possible, for certification to the county government, a zoning plan or plans,
including both the full text of the zoning regulation or regulations and the maps, and representing the recommendations of the Zoning
Commission for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of
lot which may be occupied, the size of lots, courts, and other open spaces, the density and distribution of population, for the location and
use of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and for the uses of land for
trade, industry, recreation, public activities, soil conservation, water supply conservation or other similar purposes.
(9 Del. C. 1953, § 4907; 56 Del. Laws, c. 103, § 16.)
§ 4908 Public hearing and notice.
When the efforts of the Commission shall have reached the stage of a tentative plan, the Commission shall hold at least 1 public hearing
on each tentative plan to be separately submitted, notice of which hearing shall be published at least 15 days before the date of the hearing
in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the place
and times at which the tentative text and maps of the zoning regulations may be examined.
(9 Del. C. 1953, § 4908; 56 Del. Laws, c. 103, § 16.)
§ 4909 Commission’s powers in conduct of public hearing.
For the purpose of any public hearing under this subchapter, the Commission shall have the power to summon witnesses, administer
oaths, and compel the giving of testimony.
(9 Del. C. 1953, § 4909; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, c. 207, § 1.)
§ 4910 Adoption by county government of zoning plan and regulations; public hearing and notice;
consultative hearings; resubmission to Commission.
(a) After receiving the certification of a zoning plan from the Zoning Commission and before the adoption of any zoning regulations, the
county government shall hold a public hearing thereon, the time and place of which at least 30 days notice shall be given by 1 publication
in a newspaper of general circulation in the County. Such notice shall state the place at which the text and maps as certified by the Zoning
Commission may be examined.
(b) The county government may conduct consultative hearings to aid it in determining the desirability of contemplated or recommended
regulations.
(c) No change in or departure from text or maps, as certified by the Zoning Commission, shall be made unless such change or departure
shall first be submitted to the Zoning Commission for its approval or disapproval or suggestions. The Zoning Commission shall have
45 days from and after such submission within which to send its report to the county government, but the county government shall not
be bound by the report.
(9 Del. C. 1953, § 4910; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, Sp. Sess., c. 201, § 2.)
§ 4911 Changes in zoning district; plan or regulations; procedure.
(a) The county government may, from time to time, make amendments, supplements, changes or modifications (herein called “changes”)
with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or
any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall
have been proposed by or be first submitted to the Zoning Commission.
(b) With respect to any proposed changes, the Zoning Commission shall hold at least 1 public hearing, notice of which hearing shall
be published at least 15 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain
the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times
at which the text and map relating to the proposed change may be examined.
(c) Unless the Zoning Commission shall have transmitted its report upon the proposed changes within 45 days after acceptance of a
completed application including all supporting documentation, by the Commission, the county government shall be free to proceed to the
adoption of the changes without further awaiting the receipt of the report of the Zoning Commission. In any event, the county government
shall not be bound by the report of the Zoning Commission. Before finally adopting any such changes, the county government shall hold
a public hearing thereon, at least 15 days notice of the time and place of which shall be given at least 1 publication in a newspaper of
general circulation in the County.
(9 Del. C. 1953, § 4911; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, Sp. Sess., c. 201, § 3; 67 Del. Laws, c. 166, § 1.)
§ 4912 Zoning coordination and integration.
The Zoning Commission may cooperate with other planning and zoning commissions within Kent County, and within other counties
and states, and with the planning, zoning, legislative and administrative authorities of incorporated or unincorporated municipalities,
either within or without such County, with a view to coordinating and integrating the zoning of the County with the planning and zoning
of other counties or of municipalities. The Zoning Commission shall also have power to appoint such committee or committees, and
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adopt such rules for the conduct of its business, as it may deem proper to effect such cooperation or to more expeditiously and effectively
perform its functions.
(9 Del. C. 1953, § 4912; 56 Del. Laws, c. 103, § 16.)
§ 4913 Board of Adjustment.
The county government shall, by ordinance, establish a Board of Adjustment and determine the membership, terms, qualifications and
compensation of said Board.
(9 Del. C. 1953, § 4913; 56 Del. Laws, c. 103, § 16; 56 Del. Laws, c. 241, § 14; 66 Del. Laws, c. 321, § 1.)
§ 4914 Board of Adjustment — Office and personnel.
The county government shall furnish the Board of Adjustment with necessary office space and other facilities. Subject to the approval
of the county government, the Board may employ such secretarial and technical assistants as may be required to perform its functions
properly.
(9 Del. C. 1953, § 4914; 56 Del. Laws, c. 103, § 16.)
§ 4915 Board of Adjustment — Rules governing organization, procedure and jurisdiction.
The county government shall provide and specify in its zoning or other regulations, general rules to govern the organization, procedure
and jurisdiction of the Board of Adjustment, which rules shall not be inconsistent with this subchapter, and the Board of Adjustment may
adopt supplemental rules of procedure not inconsistent with this subchapter or such general rules.
(9 Del. C. 1953, § 4915; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, c. 207, § 1.)
§ 4916 Appeals to the Board of Adjustment — Procedure.
(a) Appeals to the Board of Adjustment may be taken by any person refused a building permit, or from the decision of any administrative
officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning regulations.
Appeals to the Board of Adjustment may be taken by any officer, department, board or bureau of the County affected by the grant or
refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration
or enforcement of the provisions of the zoning regulations.
(b) The time within which such appeal must be made, and the effect, form, or other procedure relating thereto, shall be specified in
the general rules provided by the county government to govern the procedure of the Board of Adjustment or in the supplemental rules
of procedure adopted by the Board.
(9 Del. C. 1953, § 4916; 56 Del. Laws, c. 103, § 16.)
§ 4917 Appeals to the Board of Adjustment — Powers.
Upon appeals the Board of Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the enforcement of the zoning regulations;
(2) To hear and decide, in accordance with the provisions of any zoning regulations, requests for special exceptions or for
interpretation of the map or for decisions upon other special questions upon which the Board is authorized by any zoning regulation
to pass;
(3) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment
of the regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of
such piece of property, the strict application of any regulation adopted under this subchapter would result in peculiar and exceptional
practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to
such property, a variance from such strict application so as to relieve such difficulties or hardship; provided such relief may be granted
without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and
zoning regulations.
(9 Del. C. 1953, § 4917; 56 Del. Laws, c. 103, § 16; 66 Del. Laws, c. 207, § 1.)
§ 4918 Court review of decision of Board of Adjustment; proceedings.
(a) Any persons jointly or severally aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department,
board or bureau of the County may present to the Superior Court in and for Kent County, a petition duly verified, setting forth that such
decision is illegal in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the Court within 30 days
after the filing of the decision in the office of the Board.
(b) Upon the presentation of the petition, the Court may allow a writ of certiorari, directed to the Board of Adjustment, to review the
decision of the Board of Adjustment, and shall prescribe therein the time within which a return thereto must be made and served upon
the petitioner’s attorney, which shall not be less than 10 days and may be extended by the Court.
(c) The allowance of the writ shall not stay proceeding upon the decision appealed from, but the Court may, on application, on notice
to the Board and on due cause shown, grant a restraining order.
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(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such
other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take
evidence, or appoint a referee to take such evidence as it may direct and report the same to the Court with the referee’s findings of fact
and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.
(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(g) Costs shall not be allowed against the Board, unless it shall appear to the Court that it acted with gross negligence or in bad faith
or with malice in making the decision appealed from.
(9 Del. C. 1953, § 4918; 56 Del. Laws, c. 103, § 16; 70 Del. Laws, c. 186, § 1.)
§ 4919 Enforcement; remedies.
(a) The enforcement of any code or regulation adopted by the county government under the authority of this subchapter shall be as
prescribed by the county government by ordinance.
(b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land
is or is proposed to be used, in violation of this subchapter or of any regulation or provision of any regulation or change thereof, enacted or
adopted by the county government, the attorney thereof, or any owner of real estate within the district in which such building, structure or
land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate
action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction,
alteration, maintenance or use.
(9 Del. C. 1953, § 4919; 56 Del. Laws, c. 103, § 16; 65 Del. Laws, c. 304, § 2; 66 Del. Laws, c. 207, § 1.)
§ 4920 Nonconforming uses of land or buildings.
(a) The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning
regulation, or in the case of a change of regulations, then at the time of such change, may, except as hereinafter provided, be continued
although such use does not conform with the provisions of such regulations or change, and such use may be extended throughout the same
building, provided no structural alteration of such building is proposed or made for the purpose of such extension. The county government
in any zoning regulations may permit the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms
and conditions as may be set forth in the zoning regulations.
(b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by
law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County,
or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by
the County is located.
(9 Del. C. 1953, § 4920; 56 Del. Laws, c. 103, § 16.)
§ 4921 Appropriations.
The county government may appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit
to finance the work of the Zoning Commission and of the Board of Adjustment, and may enforce the zoning regulations and restrictions
which are adopted, and may accept grants of money and service for these purposes, and other purposes, in accordance with this chapter,
from either private or public sources, state or federal.
(9 Del. C. 1953, § 4921; 56 Del. Laws, c. 103, § 16; 58 Del. Laws, c. 340, § 2; 66 Del. Laws, c. 207, § 1.)
§ 4922 Conflict between zoning regulations and other laws.
(a) Whenever any regulations made under authority of this subchapter require a greater width or size of yards, courts or other open
spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required in or under any other statute or local regulations, the provisions of the regulations
made under authority of this subchapter shall govern. Whenever the provisions of any other statute or local regulation require a greater
width or size of yards, courts or other open spaces, or require a lower height of buildings or a lesser number of stories, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of
this subchapter, the provisions of such statute shall govern.
(b) Whenever any other statute shall derogate from this subchapter, unless it be a statute granting powers to the State Planning Office,
this subchapter shall govern.
(9 Del. C. 1953, § 4922; 56 Del. Laws, c. 103, § 16; 58 Del. Laws, c. 340, § 2; 66 Del. Laws, c. 207, § 1.)
§ 4923 Residential facilities for persons with disabilities.
(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons
with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.
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(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those
terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
(62 Del. Laws, c. 390, § 2; 74 Del. Laws, c. 149, §§ 4-6.)
§ 4924 Notice to local school districts of residential zoning changes.
With respect to any proposed residential zoning change, the county government shall notify the local school district for the area at least
7 days prior to the initial hearing upon such residential zoning change.
(66 Del. Laws, Sp. Sess., c. 195, § 1.)
§ 4925 Changes in zoning.
In the case of a rezoning application the county government shall determine its voting requirement necessary to take action thereon,
which shall not be less than a majority of all members elected to Levy Court.
(68 Del. Laws, c. 272, § 2.)
§ 4926 Notice to property owners of zoning changes.
With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government
shall notify the owner of the property and all adjacent property owners to the extent and in the manner the county by ordinance so provides
as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change.
This act shall become effective for zoning changes initiated after July 13, 2000.
(72 Del. Laws, c. 415, § 2.)
§ 4927 Emergency Communication Systems.
The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed buildings of 25,000 square
feet of gross floor area or more, shall be designed, constructed and/or equipped in accordance with the provisions set forth in § 2616
of this title.
(76 Del. Laws, c. 181, § 2.)
Subchapter II
The Quality of Life Act
§ 4951 Short title; intent and purpose.
(a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize
and strengthen the existing role, processes and powers of county governments in the establishment and implementation of comprehensive
planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of
land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use
and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of county
government can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement
and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks,
recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within
their jurisdictions.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State
and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional
agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the
standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part
of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter,
shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to
implement the other elements of the adopted comprehensive plan.
(66 Del. Laws, c. 207, § 1.)
§ 4952 Definitions.
For the purposes of this subchapter:
(1) “Area” or “area of jurisdiction” means the total area qualifying under the provisions of this subchapter, being all unincorporated
lands within a county.
(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the
counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. Whenever in this subchapter
land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such
regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land
use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall
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mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and
county land use regulations enacted to implement the other elements of the adopted comprehensive plan.
(3) “Coordination” as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common
end or purpose.
(4) “County” means Kent County.
(5) “Developer” means any person, including a governmental agency, undertaking any development as defined in this subchapter.
(6) “Development” means any construction or reconstruction of any new or existing commercial or residential building(s) or
structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional
control of the State or its agencies or its political subdivisions.
(7) “Development order” means any order granting, denying or granting with conditions an application for a development permit.
(8) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy,
special exception, variance or any other official action of local government having the effect of permitting the development of land.
(9) “Governing body” means the chief governing body of county government, however designated, or the combination of such bodies
where joint utilization of the provision of this subchapter is accomplished as provided herein.
(10) “Governmental agency” means:
a. The United States or any department, commission, agency or other instrumentality thereof.
b. This State or any department, commission, agency or other instrumentality thereof.
c. Any local government, as defined in this section, or any department, commission, agency or other instrumentality thereof.
d. Any school board or other special district, authority or governmental entity.
(11) “Land” means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily
regarded as land.
(12) “Land development regulation commission” means a commission designated by a county government to develop and
recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to
review land development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body
regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning
agency.
(13) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development
and includes any county government zoning, rezoning, subdivision, building construction or sign regulations or any other regulations
controlling the development of land.
(14) “Land use” means the development that has occurred on the land, the development that is proposed by a developer on the land
or the use that is permitted or permissible on the land under an adopted comprehensive plan.
(15) “Local government” means any municipality.
(16) “Local planning agency” means the agency designated to prepare the comprehensive plan required by this subchapter.
(17) A “newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language
most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of
a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is
given away primarily to distribute advertising.
(18) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries
may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used
or developed as a unit.
(19) “Person” means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership,
association, 2 or more persons having a joint or common interest or any other legal entity.
(20) “Public facilities” means major capital improvements over which the County has jurisdiction.
(21) “Public notice” or “due public notice” as used in connection with the phrase “public hearing,” “hearing to be held after due public
notice” or “public meeting” means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper
of general circulation in the area.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 22, 23; 73 Del. Laws, c. 329, § 49.)
§ 4953 Scope of subchapter.
(a) The County shall have power and responsibility:
(1) To plan for their future development and growth.
(2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth.
(3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements
thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide
and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of
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development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development
rights. Such regulations may provide for the establishment of development right banking. Whenever a county exercises its authority
to provide for the transfer of development rights it shall:
a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;
b. Provide for the transfer of development rights as an option to the use and development of the subject property according to
the otherwise applicable zoning ordinance;
c. Limit designation of receiving areas to locations where the county has determined that growth should be encouraged and where
a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the
area to accommodate such growth;
d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion
of the policies expressed by the comprehensive plan and statewide planning goals and objectives established pursuant to Chapter
91 of Title 29; and
e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development
rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of
development rights between counties and municipalities.
(4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this
subchapter.
(b) Each county government shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its
existing comprehensive plan to conform to the requirements of this subchapter.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 24; 72 Del. Laws, c. 122, § 3.)
§ 4954 Areas under this subchapter.
A county shall exercise authority under this subchapter for the total unincorporated area under its jurisdiction.
(66 Del. Laws, c. 207, § 1.)
§ 4955 Local planning agency.
(a) The governing body of each county government shall designate and by ordinance establish a “local planning agency.” The
governing body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare
the comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such
plan or element or portion thereof. The agency may be a local planning commission, the planning department of the county government or
other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided
the composition of the council is fairly representative of all the governing bodies in the county.
(b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the
local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities
authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal
practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants,
state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved.
(c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically,
the local planning agency shall:
(1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption
of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and
prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the
proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to
prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption
of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed
plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing
county procedures, or absent such procedures, shall be the responsibility of the local planning agency.
(2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to
the governing body as to the consistency of the proposal with the adopted comprehensive plan.
(3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.
(66 Del. Laws, c. 207, § 1.)
§ 4956 Required and optional elements of comprehensive plan; studies and surveys.
(a) The comprehensive plan shall consist of materials in such descriptive form, either written or graphic, as may be appropriate to the
prescription of principles, guidelines and standards for the orderly and balanced future economic, social, physical, environmental and
fiscal development of the area.
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(b) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planning process.
(c) A capital improvements plan covering at least a 5-year period shall be developed in accordance with the adoption of, and be
consistent with, the comprehensive plan. The capital improvements plan shall be designed to consider the need for and the location of
public facilities in order to encourage the efficient utilization of such facilities and set forth:
(1) Principles for construction, extension or increase in capacity of public facilities, as well as principles for correcting existing
public facility deficiencies, which are necessary to implement the comprehensive plan.
(2) Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities and
projected revenue sources to fund the facilities.
(3) Standards to ensure the availability of public facilities and the adequacy of those facilities.
(4) To the extent provisions of the capital improvements plan anticipate State financial assistance, involvement or cooperation, such
provisions shall be developed in conjunction with the state capital improvement plan and annual capital budget.
(d) The capital improvements plan shall be reviewed on an annual basis and modified as necessary. Corrections, updates and
modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the plan, or
the date of construction of any facility enumerated in the capital improvements plan may be accomplished by ordinance and shall not
be deemed to be amendments to the local comprehensive plan. All proposed improvements to public facilities shall be consistent with
the capital improvements plan.
(e) Coordination of the comprehensive plan with the comprehensive plans of municipalities within the County, adjacent counties and
applicable state regulations and policy shall be an objective of the comprehensive planning process. To that end, in the preparation of a
comprehensive plan or element thereof, and in the comprehensive plan or element as adopted, the planning agency shall include a specific
policy statement or coordinated mapping element indicating the relationship of the proposed development of the area to the comprehensive
plans of municipalities within the County, adjacent counties and applicable state regulations and policy as the case may require. Such
policy statement or coordinated mapping element shall specifically identify the coordination process undertaken and the official action
taken by affected municipalities regarding the county comprehensive plan. Such statement or element shall also set forth the procedures
to be followed to ensure continuing coordination with municipalities, regional agencies and the State. In addition, the comprehensive
plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and
consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter.
(f) The comprehensive plan and its elements shall contain policy recommendations for the implementation of the plan and its elements.
(g) The comprehensive plan shall include:
(1) A future land use plan element designating proposed future general distribution, location and extent of the uses of land for such
activities as residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds,
other public facilities and other categories of the public and private uses of land. The plan shall include standards to be followed in the
control and distribution of population densities and building and structure intensities. The proposed distribution, location and extent
of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies
and measurable objectives. Each land use category shall be defined in terms of the types of uses included and standards for the density
or intensity of use. The future land use plan shall be based upon surveys, studies and data regarding the area, including the amount
of land required to accommodate anticipated growth, the projected population of the area, the character of undeveloped land, and the
availability of public services. The future land use plan may designate areas for future planned development use involving combinations
of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the
comprehensive plan and this subchapter. The land use maps or map series shall generally identify and depict historic district boundaries
and shall designate historically significant properties meriting protection. Population, demographic, environment, oil economic data
and projections used to determine present conditions, future land use, and public facility requirements shall be developed in conjunction
with the State and municipalities, and shall, as a minimum, be consistent with projections officially adopted by the Delaware Population
Consortium. The sources and assumptions used to develop such projections shall be clearly identified.
(2) A mobility element which is consistent with the approved area-wide transportation plan and has been developed in conjunction
with the Department of Transportation. The mobility element shall provide a balanced transportation system addressing the movement
of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, rail facilities, terminals and related
facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable
transportation choices for future transportation needs. The mobility element shall be consistent with the State Implementation Plan
(SIP) for air quality attainment.
(3) A water and sewer element correlated to principles and guidelines for future land use, indicating ways to provide for future
potable water, and wastewater disposal for the area. County government, in conjunction with the State, shall assess their current, as
well as projected, water needs and sources. The element shall describe the problems and needs and the general facilities that will be
required for solution of the problems and needs. The water and sewer element shall be developed in consultation with and reviewed by
the Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal
considerations and shall be consistent with approved area-wide wastewater treatment plans.
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(4) A conservation element for the conservation, use and protection of natural resources in the area and which results in the
identification of these resources. At a minimum, the element shall consist of such natural area classifications as wetlands, wood uplands,
habitat areas, geological areas, hydrological areas, floodplains, aquifer recharge areas, ocean beaches, soils and slopes. The land use
map or map series contained in the future land use element shall generally identify and depict natural areas classifications, such as
those enumerated in this section. The land uses identified on said maps shall be consistent with applicable state laws and regulations.
Identification and depiction of the above shall be based on the best topographic maps and other information available from state and
federal agencies or other sources that the County deems appropriate. The conservation element shall also consider areas most suited for
agricultural uses, silvacultural uses and watershed protection. The conservation element shall be developed in consultation with and
reviewed by the Department of Agriculture and the Department of Natural Resources and Environmental Control.
(5) A recreation and open space element indicating a comprehensive system of public and private sites for recreation including,
but not limited to, nature preserves, parks and playgrounds, parkways, water bodies including beaches and public access to beaches,
open spaces and other recreational facilities. A county recreation and open space plan is acceptable in lieu of a recreation and open
space element. The recreation and open space element shall be consistent with the Comprehensive Land Use Plan. The element shall
be developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control and shall reflect
the State’s open space preservation and outdoor recreation planning activities.
(6) A housing element that is consistent with county housing plans, standards and principles. Such housing plans shall be in
accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include
the following:
a. The provision of housing for existing residents and the anticipated growth of the area.
b. The elimination of substandard dwelling conditions.
c. The structural and aesthetic improvement of existing housing.
d. The provision of adequate sites for future housing, including housing for low-income and moderate-income families, group
home facilities and foster care facilities, with supporting infrastructure and public facilities.
e. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation,
rehabilitation or replacement.
f. The formulation of housing implementation programs.
g. Demonstrated coordination with the State Housing Authority including but not limited to guidelines to insure that sites for
publicly assisted housing are located where adequate transportation opportunities, health and social services and other community
services are available.
(7) An intergovernmental coordination element of the comprehensive plan shall demonstrate consideration of the particular effects
of the plan, when adopted, upon the development of municipalities within the County, adjacent counties or on the applicable state
regulations.
(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may
consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open
space locations and similar matters. To that end, such recommendations may be made available as aids and guides to developers in
the future planning and development of land in the area.
(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical,
archaeological, architectural or similar significance. The historical preservation element shall be developed in consultation with and
reviewed by the Division of Historical and Cultural Affairs of the Department of State.
(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if
any, and the employment and personnel utilization within the area. The element may detail the type of commercial and industrial
development sought while correlating the present and projected employment needs of the area to other elements of the plan and may
set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include
a general area redevelopment component consisting of plans, criteria and programs for community redevelopment, including reuse of
housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities and other locations.
The economic development element shall be developed in consultation with and reviewed by the Division of Small Business.
(h) The comprehensive plan may include such other elements as may be peculiar to and/or necessary for the area concerned and as are
added by the governing body upon the recommendation of the local planning agency.
(i) [Transferred to § 4957(a) of this title.]
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 270, §§ 25-35; 74 Del. Laws, c. 186, § 8; 78 Del. Laws, c.
92, § 9; 81 Del. Laws, c. 49, § 12; 81 Del. Laws, c. 374, § 41.)
§ 4957 State responsibilities to local planning agencies.
(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide
to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive
plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of
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the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available
to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be
relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply
the necessary data and information to implement that requirement, except when such data and information is currently available or readily
accessible to the County within budgetary limitations.
(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning
process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities,
the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic
development strategies and any other information which might reasonably influence the County’s future land use decisions. The State
shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure
impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable
the county to prepare the plan elements required by § 4956 of this title and to clearly set forth the criteria the State will use to review such
elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation
of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public
facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings.
Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities
are located in a manner which are consistent with state and county development goals.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 35, 36; 74 Del. Laws, c. 186, § 9; 78 Del. Laws, c. 92, § 10.)
§ 4958 Evaluation and appraisal of comprehensive plan.
(a) The comprehensive plan or amendments or revisions thereto shall be submitted to the Governor or designee at such time as the plan
is made available for public review. The County shall provide sufficient copies for review by the Cabinet Committee on State Planning
Issues. Within 30 days of plan submission, the Cabinet Committee on State Planning Issues shall conduct a public meeting, at which time
the County shall make a presentation of the plan and its underlying goals and development policies. Following the public meeting the
plan shall be subject to the state review and certification process set forth in § 9103 of Title 29.
(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or
development actions by the county where the County’s adopted comprehensive plan or portions thereof are determined to be substantially
inconsistent with State development policies.
(c) The planning programs shall be a continuous and ongoing process. The local planning agency shall prepare a report on the progress
of implementing the comprehensive plan, which shall be sent to the Office of State Planning Coordination each year after adoption of
the comprehensive plan. The report shall be due annually no later than on each anniversary of the effective date of the most recently
adopted comprehensive plan or plan update until January 1, 2012, and annually no later than July 1 each year thereafter starting on July 1,
2012. The Cabinet Committee shall forward the report to the Office of State Planning Coordination, which will evaluate it in the context
of state goals, policies and strategies, and the plans of other jurisdictions. The Office of State Planning Coordination will integrate the
information, land use trends, and changing conditions found in the County’s report into the annual report of the Cabinet Committee,
which is to be prepared as specified in § 9101(d), Title 29. It is the intent of this subchapter that periodic updates on amendments to and
the implementation of adopted comprehensive plans be communicated through the evaluation and appraisal reports to ascertain trends,
monitor implementation and foster ongoing coordination.
(d) The report shall present an assessment and evaluation of the success or failure of the comprehensive plan or element or portion
thereof, and shall contain appropriate statements (using words, maps, illustrations or other forms) related to:
(1) The major problems of development, physical deterioration and the location of land uses and the social and economic effects
of such uses in the area.
(2) The condition of each element in the comprehensive plan at the time of adoption and at date of report.
(3) The comprehensive plan objectives as compared with actual results at date of report.
(4) The extent to which unanticipated and unforeseen problems and opportunities occurred between date of adoption and date of
report.
(e) The report shall include reformulated objectives, policies and standards in the comprehensive plan or elements or portions thereof.
(f) The Cabinet Committee may prescribe a format and guidelines for the preparation of the County’s report. Should the Cabinet
Committee elect to do so, the Office of State Planning Coordination shall assist the Committee in the development and administration
of such guidelines.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, §§ 35, 37-39; 73 Del. Laws, c. 186, § 3; 74 Del. Laws, c. 186, §§ 8, 10, 11; 78
Del. Laws, c. 92, §§ 11-14.)
§ 4959 Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court in conformity with
this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force
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of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series
and with land development regulations enacted to implement the other elements of the adopted comprehensive plan.
(b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development,
development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when
full compliance with this subchapter is required.
(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a
comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing
at the time of such application.
(d) All development permits and development orders heretofore or hereafter validly issued or approved by county government and
not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future
comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or
approval.
(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply
herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously
issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance
was determined.
(66 Del. Laws, c. 207, § 1; 70 Del. Laws, c. 270, § 35.)
§ 4960 County comprehensive plan.
(a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than
5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding
a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The
decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee.
Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive
plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter.
(b) Once the county government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan
without a simple majority of the entire membership thereof voting to do so.
(c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision
and development controls. The County shall report the status of the implementation program in the monitoring report as required by this
subchapter. This report should include progress to date, problems, issues and opportunities.
(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee
on State Planning Issues for review and certification pursuant to § 9103 of Title 29.
(e) Within 18 months of the date of adoption of the county comprehensive plan or revision thereof, Kent County shall amend its official
zoning map(s) to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the
County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or subareas of the County, the County’s zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
(66 Del. Laws, c. 216, § 1; 70 Del. Laws, c. 270, §§ 35, 40, 41; 73 Del. Laws, c. 186, § 4; 74 Del. Laws, c. 186, §§ 8, 12; 78 Del.
Laws, c. 92, §§ 15, 16; 78 Del. Laws, c. 129, § 2.)
§ 4961 Information from state and local agencies and school districts.
(a) All subdivision plans approved by the county government shall be filed with the Office of the Recorder of Deeds, and with such
other state and local agencies as the County may by ordinance require.
(b) As part of its review of a rezoning or subdivision application, the county government through its designated local planning agency
shall request and review information from all state and local agencies and local school districts identified on a list prepared by the County
and shall file as part of the record any written information provided by such state and local agencies or local school districts with respect to
the rezoning or subdivision application. If the planning agency makes recommendations that are in conflict with the information supplied
by state and local agencies or local school districts, it must explain its reasons for doing so in writing.
(c) Any state or local agency or local school district which delivers to the head of county government a written request that it be notified
of rezoning and subdivision applications shall be included on the County’s list of agencies and school districts from which information
shall be requested and reviewed in accordance with subsection (b) of this section.
(66 Del. Laws, Sp. Sess., c. 198, § 1; 70 Del. Laws, c. 270, § 35.)
§ 4962 Highway capacity.
The county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request” )
without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained
in paragraphs (2)a. through (2)c. of this section:
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(1) a. As soon as possible, but in any event no later than June 30, 1988, the county government, through its designated planning
agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of
Transportation of the effects on traffic of each rezoning application.
b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with county
procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation.
c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part
of the zoning reclassification process within the County.
d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally
recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding
a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning
reclassification is sought.
(2) a. The Levy Court, through its local planning agency, shall establish an agreement with the Department of Transportation to
designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2.
b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this
section and public comment must be permitted at the public hearing.
c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at
least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.
(66 Del. Laws, c. 217, § 1; 70 Del. Laws, c. 270, § 35; 80 Del. Laws, c. 224, § 3.)
Subchapter III
Citizens Bill of Rights Act
§ 4999 Court review of land use actions; limitations on liability of individuals and associations.
Any individual or association of individuals that challenges or opposes a zoning, subdivision or other land use application, and seeks
judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the
judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court.
(66 Del. Laws, Sp. Sess., c. 200, § 1.)
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Title 9 - Counties
Part III
Kent County
Chapter 50
County Engineer and Other Employees
§ 5001 Appointment of County Engineer; draftsmen; rodmen and assistants.
(a) The county government may appoint a County Engineer for such term, and at such compensation as it deems proper. The County
Engineer shall be responsible for and have general supervision over all public engineering work in the County including, but not limiting
the generality of the foregoing; the construction of water production and distribution facilities and the construction of sanitary sewers,
trunk lines, sewerage disposal plants, sanitary sewer systems in general and maintenance thereof, drainage, construction, lighting service,
and other projects of a public nature.
(b) The county government may employ, for such periods and for such compensation as it deems proper, such draftsmen, rodmen, and
assistants as, in its opinion, are necessary to carry on the public work specified in subsection (a) of this section.
(9 Del. C. 1953, § 5001; 55 Del. Laws, c. 217.)
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Title 9 - Counties
Part III
Kent County
Chapter 51
Street and Highway Lighting
§ 5101 Lighting streets and highways in unincorporated communities and villages; petition.
Upon the petition of a majority of the real property owners of any unincorporated community or village in Kent County, filed on or
before the first Tuesday in any month in any year, the county government may enter into a contract with any electric, gas or other lighting
company to light and illuminate the streets or highways running through, bounding and within the community or village, with electric
light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted.
The petition shall state whether the light tax levied pursuant to § 5102 of this title shall be prorated among the owners of the property
subject to said tax or based upon the assessment for county purposes. Street lights shall be of such candlepower, electric or its equivalent
in other illuminating mediums as determined by the county government. The county government may enter into contracts for additional
lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.
(9 Del. C. 1953, § 5101; 57 Del. Laws, c. 458; 58 Del. Laws, c. 26, §§ 1, 2.)
§ 5102 Levy and collection of light tax.
(a) The county government, for the purposes of carrying out any contract entered into pursuant to § 5101 of this title, shall levy for
the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into, an
annual tax based upon the full annual cost of street and highway illumination upon all real property within the boundary lines of the
community or village as set forth in the petition provided for by § 5101 of this title, which tax according to the instructions set forth in
the petition filed pursuant to § 5101 of this title shall be prorated among the owners of such property or based upon the assessment for
county purposes. No such taxes shall be levied against farmland.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes.
(9 Del. C. 1953, § 5102; 57 Del. Laws, c. 458; 58 Del. Laws, c. 26, § 3; 66 Del. Laws, c. 324, § 1.)
§ 5103 Light tax; administration of fund; surplus.
The Department of Finance shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only
upon orders signed by the President of the county government and approved by the Director of Finance. They shall receive no additional
compensation for the performance of any duty required of them or any of them under this section. If, after payment of all contracts entered
into pursuant to this chapter, there remains a surplus in the light account, the surplus shall be applied to reduce the light tax rate for the
succeeding taxable year.
(9 Del. C. 1953, § 5103; 57 Del. Laws, c. 458; 80 Del. Laws, c. 209, § 5.)
§ 5104 Removal of lights.
Lights installed under the provisions of § 5101 of this title shall be removed by the county government or at its direction only upon
receipt of a petition signed by a majority of the property owners within the bounds of any lighted community or village requesting such
removal.
(9 Del. C. 1953, § 5104; 57 Del. Laws, c. 458.)
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Title 9 - Counties
Part III
Kent County
Chapter 52
Stormwater Management
§ 5201 Definitions.
As used in this chapter:
(1) “Stormwater maintenance district” means an area in Kent County, within ascertainable boundaries, and which is in the opinion
of the county government susceptible of efficient and economical stormwater maintenance pursuant to the procedures of this chapter.
(2) “Stormwater management” means:
a. For water quantity control, a system of vegetative, structural, and other measures that controls the volume and rate of stormwater
runoff which may be caused by land disturbing activities or activities upon the land; and
b. For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality
that may be caused by land disturbing activities or activities upon the land.
(79 Del. Laws, c. 149, § 1.)
§ 5202 Establishing a stormwater maintenance district.
(a) Real property owners of any area in Kent County contained within ascertainable boundaries may petition the Kent County
government to declare the area a stormwater maintenance district. The petition shall set forth the boundary lines of the proposed stormwater
maintenance district and be submitted according to the criteria established by the county government.
(b) Any new applicable subdivision or land development approved following the adoption of Kent County’s implementing ordinance
shall establish a stormwater maintenance district as a condition of approval. Fees for the district shall not be incurred until the subdivision
or land development is complete and the stormwater infrastructure approved by the appropriate regulating agency.
(c) Kent County may establish a stormwater maintenance district within an incorporated area using the same submission process only
with the concurrence of the local governing body.
(79 Del. Laws, c. 149, § 1.)
§ 5203 Public hearing.
Upon receipt of the petition, the county government shall hold a public hearing, notice of which shall be published at least once in a
newspaper published within the County. Said notice shall be published not more than 21 and at least 10 days before the public hearing and
shall contain a description of the boundaries of the proposed stormwater maintenance district and a statement that the county government
will hold a hearing to consider whether or not to create the proposed district. The notice shall also state that in the event the county
government decides to create the proposed stormwater maintenance district, the county government will assess the unit costs of stormwater
maintenance against each unit of real property used or intended for residential purposes within the stormwater maintenance district.
(79 Del. Laws, c. 149, § 1.)
§ 5204 Creation of stormwater maintenance district.
(a) If the county government determines, after a public hearing, that it is in the public interest to create the proposed stormwater
maintenance district, it shall pass a resolution to that effect.
(b) The creation of a stormwater maintenance district and the resulting infrastructure maintenance managed by the County shall take
precedence over any homeowner obligation for stormwater management included in declarations of restrictions or similar development
agreements. Any common open space or infrastructure within a community not maintained as part of a stormwater maintenance district
shall remain the responsibility of the homeowners.
(79 Del. Laws, c. 149, § 1.)
§ 5205 Agreements for stormwater maintenance authorized.
The county government may enter into an agreement with the Kent Conservation District or other government, nonprofit, or for-profit
agency or organization to maintain the stormwater infrastructure of each stormwater maintenance district.
(79 Del. Laws, c. 149, § 1.)
§ 5206 Award of contracts.
Either Kent County or the Kent Conservation District may enter into contracts for maintenance of stormwater infrastructure that cannot
be completed by existing staff. All such contracts shall follow applicable state and local laws and policies.
(79 Del. Laws, c. 149, § 1.)
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Title 9 - Counties
§ 5207 Levy and collection of stormwater maintenance fee.
(a) In order to fund the annual and long-term costs for each stormwater maintenance district, the county government shall establish
a fee structure for each district and divide the annual cost, plus a pro rata administrative cost as determined by the county government,
by the number of dwelling units within the stormwater maintenance district to arrive at the annual unit cost. The annual unit cost shall
then be assessed against each unit located within the boundaries of the stormwater maintenance district. No parcel of real estate shall be
exempt from paying its annual unit cost. The established fee structure need not be uniform among districts.
(b) The annual unit cost assessed against each unit shall be levied and collected by the Board of Assessment and county government
at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The
fee shall be included on the county tax bills under the heading “stormwater maintenance fee.”
(79 Del. Laws, c. 149, § 1.)
§ 5208 Administration of funds.
All amounts collected pursuant to this chapter shall be paid into the general fund of Kent County and all payments for stormwater
maintenance shall be paid out of the general fund of Kent County. Should Kent County fail in any 1 year to collect all of the taxes in the
stormwater maintenance district necessary to pay the price for stormwater maintenance in any year, the county government may pay the
deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund
in anticipation of collection of the stormwater maintenance tax.
(79 Del. Laws, c. 149, § 1.)
§ 5209 Continuation and termination of contracts; consolidation of stormwater maintenance districts.
The county government may determine not to continue stormwater maintenance for any stormwater maintenance district at the
expiration of any agreement entered into pursuant to this chapter. The county government may, without further public hearings, consolidate
2 or more stormwater maintenance districts into a single district.
(79 Del. Laws, c. 149, § 1.)
§ 5210 Annual budgeting.
(a) The annual amounts required for stormwater maintenance pursuant to the provisions of this chapter shall be included in the annual
budget under separate headings for each stormwater maintenance district. After levying the stormwater maintenance fee, the county
government shall deliver a separate fee collection warrant together with a list of taxables for each stormwater maintenance district to
the County Finance Director commanding him or her to collect from the persons named in the said list their stormwater maintenance
fee and its amount.
(b) Should a stormwater maintenance district be formed after the commencement of any fiscal year, the county government shall include
in the next annual budget an amount sufficient to reimburse the general fund for the expenditure during the last fiscal year as well as an
amount sufficient to pay the cost for the coming fiscal year.
(79 Del. Laws, c. 149, § 1; 70 Del. Laws, c. 186, § 1.)
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Title 9 - Counties
Part III
Kent County
Chapter 53
Single Family Mortgage Revenue Bonds
§ 5301 Authority to issue.
The Levy Court of Kent County, Delaware, is hereby empowered to issue and sell single family mortgage revenue bonds to finance
the acquisition of notes secured by mortgages on residential property and the acquisition or rehabilitation of residential property.
(62 Del. Laws, c. 203, § 1.)
§ 5302 Limited obligations.
All bonds issued by Kent County under the authority of this chapter shall be limited obligations of the County payable solely from
bond proceeds, revenue and other amounts derived from the mortgage loans with respect to which such bonds are issued. The bonds
and coupons, if any, attached thereto shall not constitute an indebtedness, liability, general or moral obligation or pledge of the faith and
credit of Kent County, the State or any other political subdivision thereof and the taxing power of Kent County, the State or any political
subdivision thereof shall not be pledged to the payment of the principal of, premium, if any, and interest on such bonds. In no event shall
the total amount of the bonds issued pursuant to this chapter exceed $50,000,000.
(62 Del. Laws, c. 203, § 1.)
§ 5303 Form; terms.
The bonds issued pursuant to this chapter shall be authorized by resolution of the Levy Court and shall be issued in such form, in such
denomination, bear such date, mature at such time, bear such interest rate, be executed in such manner, be payable in such places, be
subject to such terms of redemption and bear such other terms as provided in the authorizing resolution.
(62 Del. Laws, c. 203, § 1.)
§ 5304 Conflicting laws.
Notwithstanding any provisions in any law to the contrary, all bonds issued pursuant to the chapter shall be governed solely by this
chapter.
(62 Del. Laws, c. 203, § 1.)
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Title 9 - Counties
Part III
Kent County
Chapter 54
Kent County Tax Increment Financing Act
§ 5401 Title.
This chapter shall be known as the “Kent County Tax Increment Financing Act.”
(81 Del. Laws, c. 25, § 1.)
§ 5402 Definitions.
As used in this chapter:
(1) “Act” means the Kent County Tax Increment Financing Act.
(2) “Adjusted assessed value” means:
a. For real property that qualifies for an agricultural, horticultural, or forest use under § 8329 of this title, the assessed value of
the property without regard to its agricultural, horticultural, or forest use assessment as of January 1 of the calendar year preceding
the effective date of the resolution creating the TIF District under § 5406 of this title or such later date as may be designated in
such resolution by the Levy Court; or
b. In the event the County grants an exemption from taxes, the original assessed value less the assessed value of property granted
an exemption.
(3) “Assessed value” means the total assessed value of all real property in a TIF District subject to taxation as determined by the
assessor, with any adjustment pursuant to paragraph (2) of this section taken into account.
(4) “Assessor” shall mean the Kent County Assessment Office.
(5) “Bonds” or “bond” means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or
instrument issued by the County pursuant to and in accordance with this chapter.
(6) “Chief financial officer” means the Director of the Kent County Department of Finance or his or her designee designated by the
Director of the Kent County Department of Finance.
(7) “County” means Kent County.
(8) “County Administrator” means the Kent County Administrator or his or her designee designated by the Kent County
Administrator.
(9) “Development” means new development, redevelopment, revitalization, or renovation.
(10) “Issuer” means the County when it acts to issue bonds.
(11) “Issuing body” means a municipality or other political subdivision, department or agency of the State (other than the County)
when it acts to issue a bond, a note, or other similar instrument.
(12) “Levy Court” means Kent County Levy Court.
(13) “Original assessed value” means the assessed value as of January 1 of the calendar year preceding the effective date of the
resolution creating the TIF District under § 5406(1) of this title or such later date as may be designated in such resolution by the Levy
Court.
(14) “Other obligations” or “other obligation” means a bond, a note, or other similar instrument issued by an issuing body for any
of the purposes stated in § 5405 of this title.
(15) “Tax increment” means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds
the original assessed value.
(16) “Tax year” means the fiscal year for the County.
(17) “TIF District” means an area designated by a resolution described in § 5406(1) of this title.
(81 Del. Laws, c. 25, § 1, 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 64, § 1.)
§ 5403 Bonds to finance development of industrial, commercial, or residential area authorized.
In addition to whatever other powers it may have, and notwithstanding any limitation of law, the County may borrow money by issuing
and selling bonds, at any time and from time to time, for the purpose of financing the development of an industrial, commercial, or
residential area. The issuance of general obligation bonds pursuant to this chapter shall comply with any debt limits otherwise applicable
to the County.
(81 Del. Laws, c. 25, § 1.)
§ 5404 Payment of bonds.
Bonds shall be payable from the special fund described in this chapter, and the Levy Court may also establish sinking funds, establish
debt service reserve funds, or pledge other assets and revenues towards the payment of the principal, premium, if any, and interest,
including special taxes levied and collected pursuant to Chapter 55 of this title.
(81 Del. Laws, c. 25, § 1.)
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Title 9 - Counties
§ 5405 Application of bond proceeds.
All proceeds received from any bonds issued and sold pursuant to this chapter shall be applied solely for:
(1) The cost of purchasing, leasing, condemning, or otherwise acquiring land or other property, or an interest in them, including
finance charges and interest , in the designated TIF District or as necessary for rights-of-way or other easements to or from the TIF
District;
(2) Demolition, debris removal, and disposal costs;
(3) Plans, specifications, studies, surveys, forecasts, and estimates of cost and revenues;
(4) Relocation of businesses or residents;
(5) Installation of utilities, construction of parks, playgrounds, recreational areas, establishment of open areas, and other
improvements, including streets, roads, signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and
other facilities;
(6) Maintenance of utilities, parks, playgrounds, recreational areas, open areas, and other improvements, including streets, roads,
signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and other facilities;
(7) Construction or rehabilitation of buildings, except schools;
(8) Remediation of property, except schools;
(9) Reserves or capitalized interest;
(10) Necessary costs of issuing bonds;
(11) Permissive costs of issuing and servicing bonds, which may include up to 0.5% of the bond issue as origination costs incurred
by the County, and up to 2.0% of the bond debt service payments as administrative costs if administered by the County;
(12) Payment of the principal of, premium, if any, and interest on loans, money advanced, or any indebtedness incurred by the County
for any of the purposes set out in this section, including the refunding of bonds previously issued under this chapter; and
(13) Any costs permitted under § 5501(3) of this title, and for any purposes described in § 5502(b)(2) of this title; provided, however,
that the purpose described in § 5502(b)(2) of this title shall be with reference to the designated TIF District.
(81 Del. Laws, c. 25, § 1.)
§ 5406 Conditions precedent to issuance of bonds.
Before issuing any bonds, the Levy Court shall:
(1) Designate by resolution an area within the County as a “TIF District.”
(2) Receive from the assessor a certification as to the amount of the original assessed value.
(3) Pledge that until the bonds have been fully paid, or thereafter, the property taxes on real property within the TIF District shall
be divided and applied as follows:
a. That portion of the taxes which would be produced by the rate at which taxes levied each year by or for the County upon the
original assessed value shall be allocated to and when collected paid into the funds of the taxing body in the same manner as taxes
by or for the taxing body on all other property are paid.
b. That portion of the taxes representing the levy on the tax increment that would normally be paid to the County shall be paid
into a special fund to be applied in accordance with the provisions of § 5408 of this title.
c. That portion of the taxes representing the levy on the tax increment that would normally be paid to a taxing body other than
the County shall be allocated to and, when collected, paid into the funds of such taxing body in the same manner as taxes by or for
the taxing body on all property are paid, or any other manner that public agencies so determine (school districts, etc.); provided,
however, if such taxing body has agreed pursuant to § 5410 of this title that such taxes shall be paid into a special fund created in
accordance with § 5407 of this title, then such taxes shall be paid into such special fund.
(81 Del. Laws, c. 25, § 1.)
§ 5407 Resolution creating special fund.
The Levy Court may adopt a resolution creating a special fund with respect to a TIF District, even though no bonds authorized by this
chapter have been issued by the County with respect to that TIF District or are then outstanding. The taxes allocated to such special fund
by § 5406(3)b. or c. of this title shall thereafter be paid over to such special fund as long as such resolution remains in effect.
(81 Del. Laws, c. 25, § 1.)
§ 5408 Uses of special fund.
(a) Uses of special fund when no bonds outstanding. — When no bonds authorized by this chapter are outstanding with respect to a TIF
District created pursuant to § 5407 of this title and the Levy Court so determines, moneys in the special fund for that TIF District may be:
(1) Used for any of the purposes described in § 5405 of this title for which bond proceeds could be used;
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(2) Accumulated for payment of debt service on bonds subsequently issued under this chapter;
(3) Used to pay or to reimburse the County for debt service which the County is obligated to pay or has paid (whether such obligation
is general or limited) on bonds issued by the County, or any agency, department or political subdivision thereof, the proceeds of which
have been used for any of the purposes stated in § 5405 of this title, or used to pay or reimburse any developer loan;
(4) Used to pay or to reimburse an issuing body for debt service which the County is obligated to pay (whether such obligation is
general or limited) on other obligations under an agreement described in subsection (b) of this section; or
(5) Paid to the County to provide funds to be used for any legal purpose as may be determined by the County.
(b) Pledge agreement. — The County may pledge, by written agreement, that amounts deposited to the special fund created for the
TIF District pursuant to § 5407 of this title shall be paid over to secure the payment, or reimbursement of a payment, of debt service on
other obligations. Such agreement shall be between the County and the issuing body, and shall run to the benefit of and be enforceable
on behalf of any holder, of such other obligations.
(c) Restrictions on use of special funds. — When any bonds authorized by this chapter are outstanding with respect to a TIF District
and the Levy Court so determines, moneys in the special fund for that TIF District created pursuant to § 5407 of this title may be used as
provided in subsection (a) or (b) of this section in any fiscal year by the County, but only to the extent that:
(1) The amount in such special fund exceeds the unpaid debt service payable on such bonds in such fiscal year and is not restricted
so as to prohibit the use of such moneys;
(2) Such use is not prohibited by the ordinance authorizing the issuance of such bonds; and to the extent not prohibited by bond
or loan covenants.
(81 Del. Laws, c. 25, § 1.)
§ 5409 Pledge of revenue from taxes on tax increment into other fund.
The County may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall be paid into
a special fund created by an issuing body for the payment or reimbursement of the debt service on other obligations. Such agreement
shall be between the County and such issuing body and shall run to the benefit of and be enforceable on behalf of any holder of such
other obligations.
(81 Del. Laws, c. 25, § 1.)
§ 5410 Agreements to pay revenue from taxes on tax increment into special fund.
A municipality, school district
