9 Del. C. § 2662 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2662
§ Â
        2662. Highway capacity.
Status: in_force

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.
9 Del. C. § 6910 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6910
§ Â
        6910. Adoption by county government of zoning map and regulations; public hearings and notice; consultative hearings; resubmission to Commission.
Status: in_force

(a) Before the adoption of any zoning proposal or zoning regulations, the county government shall hold a public hearing in accordance with § 7002(m) of this title.

(b) The county government may conduct consultative hearings prior to the required public hearing 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 Commission, shall be made unless such change or departure shall first be submitted to the Commission for its approval or disapproval or suggestions. The 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. § 527 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 527
§ Â
        527. Notice of assessment; when to be given; contents; interest on delinquent installments.
Status: in_force

(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 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.
9 Del. C. § 2604 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2604
§ Â
        2604. Assistance from and cooperation with other agencies.
Status: in_force

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.
9 Del. C. § 4709 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4709
§ Â
        4709. Deposit and use of proceeds of sale of bonds.
Status: in_force

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. § 551 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 551
§ Â
        551. Definitions.
Status: in_force

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;
9 Del. C. § 2402 — Delaware Code / Title 9 / Chapter 24 / Section 2402
§ Â
        2402. Acquisition by purchase or eminent domain; condemnation proceedings.
Status: in_force

(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.
9 Del. C. § 5401 — Delaware Code / Title 9 / Chapter 54 / Section 5401
§ Â
        5401. Title.
Status: in_force

This chapter shall be known as the “Kent County Tax Increment Financing Act.”
9 Del. C. § 4914 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4914
§ Â
        4914. Board of Adjustment â Office and personnel.
Status: in_force

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. § 2512 — Delaware Code / Title 9 / Chapter 25 / Section 2512
§ Â
        2512. Violation of regulations or chapter; notices and orders.
Status: in_force

(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.
9 Del. C. § 9202 — Delaware Code / Title 9 / Chapter 92 / Section 9202
§ Â
        9202. Powers and duties of chief deputies.
Status: in_force

The chief deputy or, if there is no chief deputy, the deputy employed by each of the officers shall be possessed of all the authority of their respective offices, and in the absence or disability of the duly elected officer, the chief deputy or deputy of such officer shall perform all the duties of the office, until the vacancy so created shall be filled as required by the Constitution or statutes of the State.
9 Del. C. § 1304 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1304
§ Â
        1304. Functions of Planning Board.
Status: in_force

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. § 3502 — Delaware Code / Title 9 / Chapter 35 / Section 3502
§ Â
        3502. Legislative findings.
Status: in_force

The General Assembly finds and declares that:

(a) Marshaling New Castle County resources in a concerted manner under “one roof” to focus on persistent neighborhood problems, as contemplated by this chapter, increases the possibility of successfully resolving systemic neighborhood problems.

(b) Preserving and improving neighborhoods is critical to the long-term well-being of the State and to New Castle County.

(c) The provision of enhanced services, including for example, district-wide sanitation and snow removal, within New Castle County’s neighborhoods would result in greater neighborhood stability and improved quality of life.

(d) Numerous jurisdictions around the world and the United States, including Philadelphia, Baltimore, Buffalo, and Allentown, among many others, have successfully implemented and been the beneficiaries of such enhanced services through the creation of neighborhood improvement districts.

(e) The enhanced services and related programs provided within a neighborhood improvement district are funded by property owners within each district, who are the primary beneficiaries thereof, which reduces additional demands on the strained public treasury.

(f) It is in the best interests of the State, County, and its residents to create, where feasible and desired by the property owners and residents in each district, assessment-based neighborhood improvement districts to promote more attractive and healthier neighborhoods.

(g) The County should be given broad discretion in establishing by ordinance the type of assessment-based enhanced services and programs that are most consistent with neighborhood needs, goals, and objectives as determined and expressed by property owners and residents in the district.
9 Del. C. § 8135 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8135
§ Â
        8135. Allowance of exemption.
Status: in_force

If an application is approved by the assessor, the assessor shall allow an exemption from taxation against the assessed valuation of the real property assessed to the claimant in the amount of the claim approved by the assessor.
9 Del. C. § 8758 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8758
§ Â
        8758. Redemption of real estate by owner after sale.
Status: in_force

The owner of any real estate sold under order of sale or the owner’s legal representative may redeem the real estate so sold at any time within 60 days from the day the sale is confirmed by the Superior Court, by paying to the purchaser or the purchaser’s legal representative the amount of the purchase price and 15 percent in addition thereto or if the purchaser or the purchaser’s legal representative shall refuse to receive the same or does not reside within New Castle County or cannot be found within the County the owner may pay the amount into the Superior Court for the use of the purchaser.
9 Del. C. § 1148 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1148
§ Â
        1148. Clerk of County Council.
Status: in_force

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. § 742 — Delaware Code / Title 9 / Chapter 7 / Subchapter III / Section 742
§ Â
        742. Records and ordinances.
Status: in_force

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. § 321 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 321
§ Â
        321. Notice of violation; manufactured home community.
Status: in_force

If a county government finds a violation of a health or safety provision or requirement, adopted by the county government, in a manufactured home community, the county government must send a copy of the notice of the violation to all of the following:

(1) The State Representatives and Senators in whose district the violation occurred.

(2) The Department of Justice.

(3) The Delaware Manufactured Home Relocation Authority.
9 Del. C. § 3214 — Delaware Code / Title 9 / Chapter 32 / Section 3214
§ Â
        3214. TIF District consistency with certified comprehensive plan.
Status: in_force

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.
9 Del. C. § 631 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 631
§ Â
        631. Notice of election.
Status: in_force

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. § 8109 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8109
§ Â
        8109. Off-street parking facilities; exemptions.
Status: in_force

Any county, municipality or other political subdivision of this State, by resolution or ordinance duly passed and approved, may exempt from taxation and assessment for public purposes for a period up to 20 years, any structure above or under the ground which may hereafter be constructed and located within the county, municipality or other political subdivisions of this State and used by the public for the parking of automobiles off the street or highway. The exemption shall be limited to that portion of the structure exclusively used for or devoted to the parking of automobiles and vehicles of that nature.
9 Del. C. § 511 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 511
§ Â
        511. Certification of result of election; retention of ballots.
Status: in_force

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.
9 Del. C. § 4517 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4517
§ Â
        4517. Licensed plumber to connect property with water mains.
Status: in_force

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. § 7108 — Delaware Code / Title 9 / Chapter 71 / Section 7108
§ Â
        7108. Penalties.
Status: in_force

The person responsible for a building, structure, or premises, where anything is in violation of this chapter or the ordinances, rules, or regulations as promulgated by the Sussex County Council, or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Sussex County Council, or its designee, or in violation of an order of the Sussex County Council, or its designee, may be fined in accordance with a schedule of fees and penalties to be established by the Sussex 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. § 8106 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8106
§ Â
        8106. Specific organizations and purposes.
Status: in_force

(a) No real property owned and used by the organizations listed below or for the purposes stated below, except that which is held by way of investment, shall be liable to taxation and assessment for public purposes by any county or other political subdivision of this State.

(b) No real property which has been required by New Castle County to be set aside for public parkland or public open space during the zoning or subdivision process shall be liable to taxation and assessment for public purposes by the county or other political subdivision of the State or county. Any outstanding penalty or interest incurred as a result of unpaid taxes on said property shall be forgiven.

(c) (1) All community-owned and community-maintained swimming pools within New Castle County shall not be liable for taxation and assessment for public purposes by any county or other political subdivision of this State. “Community-owned” and “community-maintained” shall consist of any civic organizations as defined in § 8110 of this title which is the owner of parkland as defined in § 8110 of this title.

(2) Any amounts previously taxed and assessed against a community-owned and community-maintained swimming pool, heretofore not collected by the county or other political subdivision of this State, are hereby declared null and void.

(d) All community-owned and community maintained swimming pools within Kent County shall not be liable for taxation and assessment for public purposes by any county or other political subdivision of this State. “Community-owned” and “community-maintained” shall consist of any civic organization as defined in § 8110 of this title which is the owner of parkland as defined in § 8110 of this title.
9 Del. C. § 6907 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6907
§ Â
        6907. Tentative zoning proposal preparation by Commission.
Status: in_force

(a) The Commission shall make, as promptly as possible, for certification to the county government, a zoning proposal based upon and in full accordance with the adopted comprehensive development plan including both the full text of the zoning regulation or regulations and the maps 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, size of lots, courts, and other open spaces, density and distribution of population; for the 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.

(b) After the creation of the Commission and prior to the creation of the adopted comprehensive development plan and prior to the tentative zoning proposal described in subsection (a) of this section, an interim holding zone proposal to control the development of land may be instituted by Sussex County pursuant to § 6909 of this title as a temporary measure, but in no case shall the interim zoning be effective beyond December 31, 1970.
9 Del. C. § 1562 — Delaware Code / Title 9 / Chapter 15 / Subchapter III / Section 1562
§ Â
        1562. New Castle County libraries; Wilmington Institute.
Status: in_force

(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.

(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.
9 Del. C. § 1133 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1133
§ Â
        1133. Administration and enforcement of the operating budget ordinance; adoption of operating budget; allocations and allotments; approval of allocations and allotments; revisions.
Status: in_force

(a) The adoption of the operating budget ordinance is an appropriation of the sum specified in the budget for the purpose and from the funds indicated. The appropriation is valid only for the year for which it is made, and any part of an appropriation which is not encumbered or expended lapses 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. § 2612 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2612
§ Â
        2612. Residential facilities for persons with disabilities.
Status: repealed

(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]
9 Del. C. § 8358 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8358
§ Â
        8358. Application of subchapter.
Status: in_force

The tax imposed by this subchapter shall not apply:

(1) To unoccupied mobile homes located on a dealer’s display lot; and

(2) To mobile homes bearing a current license tag of this State.
9 Del. C. § 1383 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1383
§ Â
        1383. Human Resources Advisory Board.
Status: in_force

(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.
9 Del. C. § 2657 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2657
§ Â
        2657. State responsibilities to local planning agencies.
Status: in_force

(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.
9 Del. C. § 8318 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8318
§ Â
        8318. Adjustment of assessment inequalities between districts.
Status: in_force

If any taxable shall make complaint to a board of assessment that the real estate in any election or representative district, as compared with other such districts, is not assessed in a fair and equitable manner, the board, or some member thereof, shall visit personally the district, and inspect personally the properties, the assessment of which is complained of, thereby to equalize and make perfect the assessments.
9 Del. C. § 7005 — Delaware Code / Title 9 / Chapter 70 / Section 7005
§ Â
        7005. Department of Law.
Status: in_force

(a) Functions. — There shall be a Department of Law, headed by a County Attorney which shall perform the following functions:

(1) Provide legal advice to the county government, County Administrator, and all county departments, boards, offices and agencies;

(2) Represent the County in all legal proceedings;

(3) Perform any other duties prescribed by the title or by ordinance of the county government.

(b) Appointment. — The County Attorney shall be appointed by the county government. The County Attorney shall serve at the pleasure of the county government.

(c) Assistant County Attorneys. — The county government shall appoint such Assistant County Attorneys as may be necessary from time to time. The Assistant County Attorneys shall serve at the pleasure of the county government.

(d) Compensation. — The annual salary of the County Attorney and each Assistant County Attorney shall be determined by the county government.

(e) Other employees. — The county government may provide for such employees as may be necessary to perform the functions required by this title. Such employees shall serve at the pleasure of the County Attorney.
9 Del. C. § 4918 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4918
§ Â
        4918. Court review of decision of Board of Adjustment; proceedings.
Status: in_force

(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.

(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. § 4133 — Delaware Code / Title 9 / Chapter 41 / Subchapter III / Section 4133
§ Â
        4133. Ambulance service.
Status: in_force

(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:

(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.
9 Del. C. § 4805 — Delaware Code / Title 9 / Chapter 48 / Section 4805
§ Â
        4805. Secretary of Commission and other personnel.
Status: in_force

(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. § 528 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 528
§ Â
        528. Record of lien on books of board of assessment.
Status: in_force

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.
9 Del. C. § 1333 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1333
§ Â
        1333. Other police prohibited.
Status: in_force

No office, department or board operating for the County, other than the Police Department, shall have a police force.
9 Del. C. § 318 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 318
§ Â
        318. Legal proceedings.
Status: in_force

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.
9 Del. C. § 4638 — Delaware Code / Title 9 / Chapter 46 / Section 4638
§ Â
        4638. Contents of notice of sale â Generally.
Status: in_force

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. § 1142 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1142
§ Â
        1142. Qualifications.
Status: in_force

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. § 1127 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1127
§ Â
        1127. Local service functions; change in degree of performance; notice requirements.
Status: in_force

(a) By August 1 of each year, a municipality shall provide notice to New Castle County if the municipality intends to begin performing, stop performing, or change the degree of performance of a local service function, other than fire protection, during New Castle County’s fiscal year beginning the following July 1.

(b) In the notice under subsection (a) of this section, the municipality shall state with specificity which of the following modifications the municipality intends to make to its performance of the local service function:

(1) Initiating performance.

(2) Ceasing performance.

(3) Changing the degree of performance.

(c) New Castle County may request, and the municipality must provide, additional information that may reasonably be needed to understand the municipality’s proposed modification.

(d) (1) A municipality must initiate or cease performance of a local service function under § 1102(c) of this title.

(2) A municipality may change the degree of performance of a local service function that the municipality already performs by providing notice to New Castle County under subsection (a) of this section.
9 Del. C. § 4405 — Delaware Code / Title 9 / Chapter 44 / Section 4405
§ Â
        4405. Fees.
Status: in_force

The fees for issuing permits shall be prescribed by the county government.
9 Del. C. § 9114 — Delaware Code / Title 9 / Chapter 91 / Section 9114
§ Â
        9114. Bonds of recorder, clerk of the peace and register of wills.
Status: in_force

(a) Every recorder and clerk of the peace, elected or appointed for any county shall, at the next term of the Superior Court in that county, after their election or appointment, before entering upon the duties of the office, become bound to the State with sufficient surety by a joint and several obligation in the penalty of $3,000 with condition “that if the above named . . . . . . who has been duly elected (or appointed) to be . . . . . . shall and do well and diligently execute the office of . . . . . . as aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to the successor in office, the seal and all the books, records and papers belonging to said office safe and undefaced, and if the said . . . . . . shall truly and without delay pay over to the Receiver of Taxes and County Treasurer or Department of Finance all the fees which it shall be the recorder’s or clerk of the peace’s duty to collect and which are to be paid to the Receiver of Taxes and County Treasurer or Department of Finance, then this obligation shall be void and of no effect, or else shall remain in full force and virtue.”

(b) The Register of Wills of New Castle County shall be required to give bond for the sum of $10,000; the Register of Wills of Kent County shall be required to give bond for $5,000; and the Register of Wills of Sussex County shall be required to give bond for $5,000. The bonds shall be in the form provided in subsection (a) of this section and shall be approved by the Resident Judge of the respective counties and the bond shall be executed in each case by the Register of Wills before entering upon the discharge of Register of Wills office.

(c) The acknowledgment and approval of all the obligations specified in this section shall be certified by the Judges of the Superior Court then present.

(d) The obligation of the recorder shall be recorded in the Judgment Docket of the Superior Court, and shall be filed there. The other obligations required by this section shall be forthwith delivered to the recorder to be recorded and filed in the recorder’s office.
9 Del. C. § 3207 — Delaware Code / Title 9 / Chapter 32 / Section 3207
§ Â
        3207. Resolution creating special fund.
Status: in_force

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.
9 Del. C. § 8313 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8313
§ Â
        8313. Taxables failing to appeal liable for tax as assessed.
Status: in_force

If any taxable fails or neglects to perfect his or her appeal to the Board of Assessment Review of New Castle County, Kent County or Sussex County he or she shall be liable for the tax for such year as shown by the assessment lists.
9 Del. C. § 1101A — Delaware Code / Title 9 / Chapter 11 / Subchapter I / Section 1101A
§ Â
        1101A. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Chief Financial Officer” means the Chief Financial Officer of New Castle County or a designee.

(2) “Fire protection” means the prevention and extinguishment of fires; maintenance of apparatus and equipment, including ambulances, rescue trucks, aerial, or platform trucks and rescue boats; provision of basic life support; and operation of stations.

(3) a. “Local service function” or “LSF” means a local governmental service, or a group of closely allied governmental services, that is all of the following:

1. A service for which, New Castle County or any municipality, as distinguished from the State, has a primary responsibility for provision and financing, under the Delaware Constitution, Delaware Code, or judicial decision.

2. Performed or financially supported by New Castle County and by at least 1 municipality, in whole or in part, instead of New Castle County.

3. Funded by New Castle County, in whole or in part, through property tax revenue.

b. “Local service function” or “LSF” may include any of the following:

1. Planning and zoning, including subdivision regulations.

2. Adoption and enforcement of ordinances for the protection of persons and property from hazards in the use, occupancy, condition, alteration, maintenance, repair, sanitation, removal, and demolition of buildings, structures, and appurtenant grounds; the operation of equipment; and outdoor signs, including codes and regulations for any of the following:

A. Zoning.

B. Building.

C. Plumbing.

D. Property maintenance.

3. Programs for redevelopment, affordable housing, and urban renewal.

4. Parks and park related activities and recreational programs.

5. Police protection.

6. Fire protection.

7. 911 communications.

8. Animal control.

9. Public works, including maintenance and operation of sanitary and storm sewers, drainage systems, sewage disposal facilities, and refuse disposal facilities, including trash and garbage collection disposal.

10. Lighting of streets, roads, alleys, and other public places.

11. Maintenance and operation of the water supply system.

12. Library system.

(4) “Municipality” means a municipal corporation located within New Castle County and incorporated by an act of the General Assembly.

(5) “New Castle County service percentage” means the degree to which New Castle County provides a local service function within a municipality, determined by subtracting the degree to which a municipality provides the local service function from 100%. The New Castle County service percentage in the unincorporated area equals 100%.
9 Del. C. § 4515 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4515
§ Â
        4515. Contract with municipality for the filtering, purifying or supplying of water.
Status: in_force

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. § 4723 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4723
§ Â
        4723. Creation of garbage collection district.
Status: in_force

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. § 4409 — Delaware Code / Title 9 / Chapter 44 / Section 4409
§ Â
        4409. Occupancy.
Status: in_force

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. § 4530 — Delaware Code / Title 9 / Chapter 45 / Subchapter II / Section 4530
§ Â
        4530. Redemption by owner.
Status: in_force

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.
9 Del. C. § 1382 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1382
§ Â
        1382. Continuance of present system.
Status: in_force

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. § 6301 — Delaware Code / Title 9 / Chapter 63 / Section 6301
§ Â
        6301. Definitions.
Status: in_force

As used in this chapter:

(1) “Building” means any structure, building, edifice or part thereof.

(2) “Construction” means alteration, removal, demolition, addition, repair or construction of any new or old building.

(3) “Person” means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual.
9 Del. C. § 2301 — Delaware Code / Title 9 / Chapter 23 / Section 2301
§ Â
        2301. Conditions for establishment of sanitary sewer district.
Status: in_force

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.
9 Del. C. § 3311 — Delaware Code / Title 9 / Chapter 33 / Section 3311
§ Â
        3311. Powers granted are supplemental to other laws.
Status: in_force

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.
9 Del. C. § 8754 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8754
§ Â
        8754. Proceedings to collect taxes where delay may lose benefit of process.
Status: in_force

The tax collecting authority may at any time prior to January 1 in any year institute proceedings against any person liable for the payment of any taxes payable to the county and due to it then remaining unpaid for the year in the manner provided for in this subchapter upon there being stated in the affidavit as provided in § 8743 of this title the further fact that the affiant has just caused to believe that the plaintiff will lose the benefit of the plaintiff’s process by delay.
9 Del. C. § 2203 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2203
§ Â
        2203. Sewerage system within city or town.
Status: in_force

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.
9 Del. C. § 4812 — Delaware Code / Title 9 / Chapter 48 / Section 4812
§ Â
        4812. Recording unapproved plan; penalty for.
Status: in_force

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. § 2407 — Delaware Code / Title 9 / Chapter 24 / Section 2407
§ Â
        2407. Sale of bonds.
Status: in_force

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.
9 Del. C. § 1152 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1152
§ Â
        1152. Ordinances generally.
Status: repealed

(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 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. § 573 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 573
§ Â
        573. Notice of assessment; when to be given; contents; interest on delinquent installments.
Status: in_force

(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.
9 Del. C. § 8427 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8427
§ Â
        8427. Deposit of funds.
Status: in_force

The receiver of taxes and county treasurer or director of finance shall deposit in any depository bank in the State at his or her county seat, to the credit of his or her county, all public money received by him or her, within 3 days of the receipt thereof. The same shall remain therein, unless determined by the county government to be idle or surplus and thereupon by order or authorization invested in accordance with § 4122 of this title, or until drawn by him or her in payment of legal demands, or in the transfer thereof to his or her successor.
9 Del. C. § 810 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 810
§ Â
        810. Library districts â Collection of library district taxes; lien on real property.
Status: in_force

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.
9 Del. C. § 4617 — Delaware Code / Title 9 / Chapter 46 / Section 4617
§ Â
        4617. Increase of maximum amount to be expended.
Status: in_force

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. § 8601 — Delaware Code / Title 9 / Chapter 86 / Section 8601
§ Â
        8601. Due date for real estate and capitation taxes.
Status: in_force

All taxes assessed and levied shall be due and payable each year:

(1) In New Castle County, on July 1;

(2) In Kent County, on June 1;

(3) In Sussex County, on July 1.
9 Del. C. § 3305 — Delaware Code / Title 9 / Chapter 33 / Section 3305
§ Â
        3305. Actions necessary before issuing bonds.
Status: in_force

(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.
9 Del. C. § 4623 — Delaware Code / Title 9 / Chapter 46 / Section 4623
§ Â
        4623. Annexation.
Status: in_force

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. § 2204 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2204
§ Â
        2204. Bonds; authorization, amount, terms, sale and interest rate.
Status: in_force

(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.
9 Del. C. § 5407 — Delaware Code / Title 9 / Chapter 54 / Section 5407
§ Â
        5407. Resolution creating special fund.
Status: in_force

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.
9 Del. C. § 1111 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1111
§ Â
        1111. Election and term.
Status: in_force

(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. § 4701 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4701
§ Â
        4701. Acquisition of land; construction and operation of incineration plant; definitions.
Status: in_force

(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. § 4119 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4119
§ Â
        4119. Rivers, creeks, or small runs; widening, straightening.
Status: in_force

(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. § 8722 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8722
§ Â
        8722. Praecipe; judgment; monition.
Status: in_force

(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.

(b) The praecipe shall contain the name of the person against whom the taxes sought to be collected were assessed, a copy of the bill or bills showing the amount of taxes due, and the property against which the taxes 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 taxes 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 taxes due and the years thereof, including accrued penalty thereon, together with a brief description of the property upon which the taxes are a lien. A description of the property as it appears upon the assessment rolls shall be sufficient.

(d) The tax collecting authority for New Castle, Kent and Sussex Counties may initiate and complete the monitions process against any property designated by the authority as having an unknown owner for a continuous period in excess of 5 years. Notwithstanding that an investigation of chain of title to such property has not been performed, and notwithstanding any provision of this chapter to the contrary, the taxing authority shall be exempted from any obligation expressed therein that cannot be satisfied due to the absence of a known owner, including but not limited to notification of sale to the record owner and provision of copies of bills showing amounts due.
9 Del. C. § 1102 — Delaware Code / Title 9 / Chapter 11 / Subchapter I / Section 1102
§ Â
        1102. Local service functions; subcategories; responsibility for performance.
Status: repealed

(a) New Castle County may divide a local service function into subcategories on forms used under § 1128 of this title. A subcategory of a local service function constitutes a local service function.

(b) The responsibility for all or part of a local service function in a municipality is established as set forth under the approved budget enacted for fiscal year 2023 under § 1155 of this title, or by the later of any of the following:

(1) A municipality provides timely notice of a change in degree of performance of a local service function to New Castle County under § 1127(d)(2) of this title.

(2) New Castle County and a municipality enact ordinances transferring responsibility for performance of a local service function under subsection (c) of this section.

(3) A service performed by a municipality is classified as a local service function under subsection (d) of this section.

(4) A new local service function is established under § 1128 of this title.

(c) (1) Responsibility for the performance or funding of a local service function may be transferred between New Castle County and a municipality by concurring affirmative action in the form of an ordinance enacted by the County Council of New Castle County and of the governing body of the municipality.

(2) The ordinances transferring a local service function under paragraph (c)(1) of this section must state all of the following:

a. The nature of the local service function transferred.

b. The effective date of the transfer.

c. The manner in which affected employees engaged in the performance of the local service function will be transferred, reassigned, or otherwise treated.

d. The manner in which real property, facilities, equipment, or other personal property required in the exercise of the local service function will be transferred, sold, or otherwise treated.

e. The method of financing to be used in the exercise of the local service function received.

f. Other legal, financial, and administrative arrangements necessary to effect transfer of the local service function in an orderly and equitable manner.

(d) (1) If a municipality is performing a service that is included in the New Castle County general operating budget, the municipality may request that the service be classified as a local service function in the next fiscal year by providing a notice to New Castle County by August 1 that states all of the following:

a. The service that is included in the New Castle County general operating budget.

b. The degree of performance.

c. The date municipality began performing the service.

(2) New Castle County may request, and the municipality must provide, additional information that may reasonably be needed to determine the degree of performance of the service by the municipality.

(3) By November 1, New Castle County shall notify the municipality of New Castle County’s determination regarding the municipality’s request under paragraph (d)(1) of this section.

(4) If a municipality is unable to reach agreement with New Castle County regarding the municipality’s request under paragraph (d)(1) of this section, the municipality may demand arbitration under the procedure in § 1128(d) of this title.

(e) [Repealed.]
9 Del. C. § 2809 — Delaware Code / Title 9 / Chapter 28 / Section 2809
§ Â
        2809. Penalties; enforcement.
Status: in_force

(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. § 610 — Delaware Code / Title 9 / Chapter 6 / Subchapter II / Section 610
§ Â
        610. Creation; membership; terms; qualifications; vacancy.
Status: in_force

(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. § 3410 — Delaware Code / Title 9 / Chapter 34 / Section 3410
§ Â
        3410. Annual budgeting.
Status: in_force

(a) The annual amounts required for stormwater maintenance under this chapter must be included in the annual budget under separate headings for each stormwater maintenance district. County expenditures related to stormwater maintenance districts will be available for public review on the county government website.

(b) After levying the stormwater maintenance fee, the county government shall deliver a separate fee collection warrant, together with a list of charges in each stormwater maintenance district, to the County Chief Financial Officer and shall command that the County Chief Financial Officer collect from the persons named in the list their stormwater maintenance fee and its amount.

(c) Should a stormwater maintenance district be formed after the commencement of any fiscal year, the county government shall include an amount sufficient to reimburse the general fund for the expenditure during the last fiscal year in the next annual budget, as well as an amount sufficient to pay the cost for the coming fiscal year.
9 Del. C. § 4813 — Delaware Code / Title 9 / Chapter 48 / Section 4813
§ Â
        4813. Cooperation with other agencies.
Status: in_force

(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. § 4106 — Delaware Code / Title 9 / Chapter 41 / Subchapter I / Section 4106
§ Â
        4106. Redistricting procedures.
Status: in_force

(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 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.
9 Del. C. § 4504 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4504
§ Â
        4504. Bonds; authorization, amount, terms, sale and interest rate.
Status: in_force

(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.

(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. § 2406 — Delaware Code / Title 9 / Chapter 24 / Section 2406
§ Â
        2406. Execution and record of bonds.
Status: in_force

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.
9 Del. C. § 6504 — Delaware Code / Title 9 / Chapter 65 / Section 6504
§ Â
        6504. Public hearing; notice.
Status: in_force

Upon receipt of a petition submitted pursuant to § 6503 of this title, or upon its own motion without petition, the county government shall set a date for a public hearing on the question of organizing a sanitary sewer or water district. The hearing shall be held at the time fixed by the county government 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 or water district and if the public hearing be ordered as a result of the filing of a petition, such boundaries shall be those described in the petition.
9 Del. C. § 9205 — Delaware Code / Title 9 / Chapter 92 / Section 9205
§ Â
        9205. Application in New Castle County.
Status: repealed

The provisions of this chapter shall not apply to New Castle County. In New Castle County the provisions of [former] subchapter IX of Chapter 13 of this title [repealed] shall apply.
9 Del. C. § 6303 — Delaware Code / Title 9 / Chapter 63 / Section 6303
§ Â
        6303. Reports on permits issued by incorporated cities or towns.
Status: in_force

Building inspectors or other officers authorized by law to issue permits for the construction of any buildings, in any incorporated city or town in Sussex County, shall report to the Department of Finance on blanks to be furnished by the Department of Finance, every permit issued by them respectively, for the construction of any building, specifying the estimated cost of the proposed construction.
9 Del. C. § 9123 — Delaware Code / Title 9 / Chapter 91 / Section 9123
§ Â
        9123. Construction of fee provisions; time for payment of fees.
Status: in_force

Fees shall be construed strictly and no fee shall be allowed for any service, except where otherwise expressly provided, until it has been actually performed.
9 Del. C. § 9416 — Delaware Code / Title 9 / Chapter 94 / Section 9416
§ Â
        9416. Administering oaths.
Status: in_force

The clerk of the peace in each county may administer oaths or affirmations in all cases relating to the business of the office of clerk of the peace.
9 Del. C. § 8732 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8732
§ Â
        8732. No proceedings unless tax is a lien upon property; construction of term âSuperior Court.â
Status: in_force

(a) No proceedings shall be brought under this subchapter unless the tax 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 tax 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.
9 Del. C. § 6711 — Delaware Code / Title 9 / Chapter 67 / Section 6711
§ Â
        6711. Lien of service charges on real estate.
Status: in_force

(a) In the event that any service charge is not paid when due, the unpaid balance and any interest accrued 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 proper proceedings for the enforcement of the lien, levy the service charge as an assessment with interest thereon accrued, and all costs thereon, upon the grounds and buildings with regard to which a service charge was made. The properties against which such service charges remain unpaid shall be liable for the payment of said service charge in the same manner as they are liable for other county taxes and are subject to the collection procedures set forth in Chapter 87 of this title.

(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 in a state or national bank designated by Sussex County, to the credit of the owner or owners of the property so sold.
9 Del. C. § 4628 — Delaware Code / Title 9 / Chapter 46 / Section 4628
§ Â
        4628. Form and content of bond resolution.
Status: in_force

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. § 6721 — Delaware Code / Title 9 / Chapter 67 / Section 6721
§ Â
        6721. Annexation.
Status: in_force

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. § 6703 — Delaware Code / Title 9 / Chapter 67 / Section 6703
§ Â
        6703. Sewerage and water system within city or town.
Status: in_force

No sewerage or 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. § 4602 — Delaware Code / Title 9 / Chapter 46 / Section 4602
§ Â
        4602. Purpose.
Status: in_force

(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. § 629 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 629
§ Â
        629. Limitation on cost of park and improvements.
Status: in_force

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. § 3001 — Delaware Code / Title 9 / Chapter 30 / Section 3001
§ Â
        3001. Definitions.
Status: in_force

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. § 8721 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8721
§ Â
        8721. Monition method established.
Status: in_force

In addition to all existing methods and authority for the collection of taxes due to the tax collecting authority, or former County Tax Collectors, or former Receivers of Taxes and County Treasurers of New Castle or Sussex Counties, the monition method and authority is established.
9 Del. C. § 8328 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8328
§ Â
        8328. Purpose.
Status: in_force

It is declared that it is in the public interest to:

(1) Encourage the preservation of farm land in order to maintain a readily available source of food and farm products close to the metropolitan areas of the State, to conserve the State’s natural resources and to provide for the welfare and happiness of the inhabitants of the State;

(2) Prevent the forced conversion of farm land and forest land to more intensive uses as a result of economic pressures caused by the assessment thereof for purposes of property taxation at values incompatible with their preservation as such farm land and forest land; and

(3) That the necessity of the enactment of the provisions of this section is a matter of legislative determination.
9 Del. C. § 3404 — Delaware Code / Title 9 / Chapter 34 / Section 3404
§ Â
        3404. Creation of stormwater maintenance district.
Status: in_force

(a) If the county government determines, after the public hearing required under § 3403 of this title, that it is in the public interest to establish the proposed stormwater maintenance district under the ordinance adopted under § 3402(a) of this title, county government shall adopt an ordinance establishing the stormwater maintenance district.

(b) Except as provided under the ordinance adopted under § 3402(a) of this title, the establishment of a stormwater maintenance district and the resulting infrastructure maintenance managed by New Castle County takes 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 remains the responsibility of the homeowners.
9 Del. C. § 2806 — Delaware Code / Title 9 / Chapter 28 / Section 2806
§ Â
        2806. Fees; contracts for use of water.
Status: in_force

(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 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. § 4402 — Delaware Code / Title 9 / Chapter 44 / Section 4402
§ Â
        4402. Application for construction permits.
Status: in_force

(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. § 309 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 309
§ Â
        309. Ambulance, fire protection and police services; appropriations.
Status: in_force

(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.
9 Del. C. § 6519 — Delaware Code / Title 9 / Chapter 65 / Section 6519
§ Â
        6519. Definitions; voters.
Status: in_force

(a) Notwithstanding any other provisions of this title, for the purposes of this chapter the terms “voter,” “voters,” “legal voters,” and “elector” shall be deemed to include all the following persons:

(1) Persons whose principal place of abode has been within the proposed sanitary and water district for at least 6 months immediately preceding the date of the election or the date of the petition, whichever is applicable;

(2) Persons who own real estate in the proposed sanitary and water district on the date of the election or the date of the petition, whichever is applicable, regardless of where they reside, unless such real estate is subject to a lease described in paragraph (a)(4) of this section;

(3) Corporations which own real estate in the proposed sanitary and water district on the date of the election or the date of the petition, whichever is applicable, unless such real estate is subject to a lease described in paragraph (a)(4) of this section; and

(4) Each leaseholder holding land under a valid lease in which the original term is specified at not less than 10 years and whose lease is recorded in the office of Recorder of Deeds in and for Sussex County and who has erected upon his or her leasehold an improvement having an assessed valuation of at least $1,000 on the date of the election or the date of the petition, whichever is applicable, but in no case shall there be more than 1 vote per lease.

(b) No person or corporation shall be entitled to more than 1 vote in any election.

(c) Jointly or severally owned real estate shall be entitled to only 1 vote.

(d) The president or vice-president of a corporation shall exercise the vote on behalf of the corporation, provided that such president or vice-president exhibits a notarized resolution of the corporation authorizing him or her to cast such vote.
9 Del. C. § 3508 — Delaware Code / Title 9 / Chapter 35 / Section 3508
§ Â
        3508. Special assessments and liens.
Status: in_force

(a) Special assessments. — (1) The ordinance by County Council approving a Final NIDP establishes a special assessment on all nonexempt benefited properties within the NID.

(2) County Council has the authority to exempt property within the NID from any special assessment.

(3) Special assessments must be apportioned in a manner that is equitable.

(4) All property subject to a special assessment must benefit directly or indirectly from the enhanced services or related programs provided within the NID under the Final NIDP, but all properties do not need to benefit equally.

(5) Revenue from any special assessment imposed under a Final NIDP must be accounted for by the Office of Finance and utilized by the NIDMA to provide enhanced services and related programs within the NID as set forth in the Final NIDP.

(6) All special assessments authorized under this chapter are calculated using July 1 as the first day of the fiscal year.

(7) Special assessments may be included on the tax bills of properties within the NID under the heading “Neighborhood Improvement District,” or as otherwise established in the ordinance creating the NID.

(8) County Council may, by ordinance, impose interest and penalties for failure to timely pay any special assessment and permit the payment of special assessments in installments.

(b) Liens. — (1) Special assessments imposed on any benefited property within a NID under a Final NIDP, including any interest and penalties thereon, automatically become a lien on the property upon imposition of the special assessment.

(2) The lien imposed under paragraph (b)(1) of this section:

a. Is subordinate to property tax liens.

b. Is of even priority with any lien arising under § 2901(a)(1)c. through (a)(1)k. of Title 25.

c. Has priority over all other liens and encumbrances on the property.

(3) The lien imposed under paragraph (b)(1) of this section continues as a lien against the property for 10 years from July 1 of the year for which the special assessment was imposed, but if the property remains the property of the person who was the owner at the time the special assessment was imposed, the lien continues until the assessment is collected.

(4) The lien imposed under paragraph (b)(1) of this section is afforded the same treatment as a tax lien under §§ 2902 and 2906 of Title 25.

(5) Upon the filing of a notice of lien by the County with the Prothonotary of the Superior Court, the special assessment imposed upon a property under a Final NIDP is, as of the date of filing the notice of lien, a lien upon all real property that the property owner owns at the time, or at any time after such notice of lien has been filed, located in the County (including all real property situated within any incorporated town or city located within the County).

(6) If any special assessment remains unpaid after the due date, the Chief Financial Officer may institute a proceeding for the enforcement of the lien, with all accrued penalties and interest and all costs, under the monition 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. 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 special assessment with accrued penalties thereon to the Office of Finance. Any residue of purchase money must be deposited by the Sheriff in accordance with applicable rules and procedures of the Superior Court.

(7) The County may collect delinquent special assessments through any other method by which the County may collect delinquent property taxes or other fees or charges imposed by the County.
9 Del. C. § 523 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 523
§ Â
        523. Maintenance of improvements.
Status: in_force

(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.
9 Del. C. § 6505 — Delaware Code / Title 9 / Chapter 65 / Section 6505
§ Â
        6505. Action of county government following hearing.
Status: in_force

(a) After the public hearing referred to in § 6504 of this title shall have been closed, the county government 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 government shall, by such resolution, determine 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 only the property and property owners that will be benefited by the establishment of the district and the construction of sewage disposal or water facilities therein.

(b) After establishing the boundaries of the district, the county government shall also cause to be prepared by the County Engineer or consulting engineers, an estimate of the cost of proposed immediate construction and also an approximate estimate of the assessment necessary to take care of interest amortization and costs of construction and financing. The construction cost estimates and assessment estimates shall be advertised in the same manner as provided in § 6504 of this title for advertising the public hearing.
9 Del. C. § 613 — Delaware Code / Title 9 / Chapter 6 / Subchapter II / Section 613
§ Â
        613. Compensation; expenses.
Status: in_force

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. § 4810 — Delaware Code / Title 9 / Chapter 48 / Section 4810
§ Â
        4810. Subdivision plans; land development plans; road plats; submission to Commission; recording; fees; regulations.
Status: in_force

(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. § 6720 — Delaware Code / Title 9 / Chapter 67 / Section 6720
§ Â
        6720. Construction of chapter with other laws.
Status: in_force

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. § 2610 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2610
§ Â
        2610. Nonconforming uses of land or buildings.
Status: in_force

(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, 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. § 8603 — Delaware Code / Title 9 / Chapter 86 / Section 8603
§ Â
        8603. Tax payments.
Status: in_force

The receiver of taxes and county treasurer or director of finance of any county may accept payment of all taxes due and payable on real estate on a quarterly or more frequent basis.
9 Del. C. § 8611 — Delaware Code / Title 9 / Chapter 86 / Section 8611
§ Â
        8611. Publication of delinquent taxes; Kent County.
Status: in_force

The Receiver of Taxes and County Treasurer in Kent County shall post in 2 public places of each representative district of the County a list of the taxables of the district whose taxes it has been impossible to collect, stating therein in each case the reason why it has been impossible to collect such tax. Such posting shall be at least 1 week prior to the settlement by the county government with the Receiver of Taxes and County Treasurer.
9 Del. C. § 8703 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8703
§ Â
        8703. Remedies cumulative.
Status: in_force

The remedies herein provided are cumulative and, if 2 or more proceedings are pending to recover the amount due for taxes upon the same property for any year, neither proceeding shall be pleaded in bar or in suspension of other proceedings. However, when the full amount due for taxes upon the property for the year shall have been fully paid to the plaintiff in any proceeding, together with all costs in all proceedings then pending, the plaintiff shall enter upon the records thereof discontinuances thereof.
9 Del. C. § 1342 — Delaware Code / Title 9 / Chapter 13 / Subchapter III / Section 1342
§ Â
        1342. Department of Special Services Board.
Status: in_force

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.
9 Del. C. § 4658 — Delaware Code / Title 9 / Chapter 46 / Section 4658
§ Â
        4658. Validity of bonds not dependent on preliminary proceedings.
Status: in_force

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. § 8755 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8755
§ Â
        8755. Penalty for removing attached property from County.
Status: in_force

Whoever, without the consent of the plaintiff in any writ of attachment issued under the provisions of this subchapter, secretes, destroys or removes from the county any property seized under a writ of attachment issued under this subchapter, shall be fined in a sum equal to the value of the property secreted, destroyed or removed and shall also be imprisoned not more than 1 year.
9 Del. C. § 2202 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2202
§ Â
        2202. Powers of County.
Status: in_force

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.
9 Del. C. § 5601 — Delaware Code / Title 9 / Chapter 56 / Section 5601
§ Â
        5601. Definitions.
Status: in_force

As used in this chapter, unless a different meaning clearly appears from the context:

(1) “Administrative tribunal” means a violation hearing before the Code Official for Kent County.

(2) “Building” means 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) “Department of Planning Services” means the Kent County Department of Planning Services.

(4) “Kent County Levy Court” means the Levy Court for Kent County.

(5) “Person responsible” means the owner and any other person or persons who have control over the property or are responsible for the violation.

(6) “Property” means a lot, plot, or parcel of land, including any structures thereon.

(7) “Structure” means a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
9 Del. C. § 8608 — Delaware Code / Title 9 / Chapter 86 / Section 8608
§ Â
        8608. Receipts and receipt books; Kent County.
Status: in_force

The Receiver of Taxes and County Treasurer in Kent County shall have prepared for each representative district a book of receipts, numbered serially, which receipts, when delivered upon the payment of taxes, shall show the amount of assessment, distinguishing real assessment and capitation tax, and showing the rate or rates of taxes and any penalty imposed, if any there be, and the year of such tax, and each receipt shall have a corresponding stub which shall be retained in the book.
9 Del. C. § 4161 — Delaware Code / Title 9 / Chapter 41 / Subchapter V / Section 4161
§ Â
        4161. Violations of rules and regulations.
Status: in_force

(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. § 2601 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2601
§ Â
        2601. Power of County Council; area subject to regulation.
Status: in_force

(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′;

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.
9 Del. C. § 5202 — Delaware Code / Title 9 / Chapter 52 / Section 5202
§ Â
        5202. Establishing a stormwater maintenance district.
Status: in_force

(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.
9 Del. C. § 7110 — Delaware Code / Title 9 / Chapter 71 / Section 7110
§ Â
        7110. Existing ordinances, rules, and regulations.
Status: in_force

To the extent the Sussex County Council may have enacted or adopted ordinances, rules, and regulations governing property maintenance prior to the adoption of this chapter, those ordinances, rules, and regulations may be enforced in accordance with this chapter.
9 Del. C. § 4725 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4725
§ Â
        4725. Award of contracts.
Status: in_force

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. § 9623 — Delaware Code / Title 9 / Chapter 96 / Section 9623
§ Â
        9623. Required statement in deed conveying certain property in unincorporated suburban community.
Status: in_force

In the event any real property in an unincorporated suburban community with road frontage on a private road or street, constructed or reconstructed pursuant to § 131 of Title 17, which road or street is not to be maintained by the State, is conveyed subsequent to such construction or reconstruction and the deed is presented for recordation, the recorder of the county in which the land is located shall not record such deed unless the deed shall contain a statement that such private street or road is not maintained by the State.
9 Del. C. § 4707 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4707
§ Â
        4707. Sale of bonds.
Status: in_force

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. § 1403 — Delaware Code / Title 9 / Chapter 14 / Section 1403
§ Â
        1403. Certification of annual financial report of Chief Financial Officer.
Status: in_force

(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. § 6820 — Delaware Code / Title 9 / Chapter 68 / Section 6820
§ Â
        6820. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.
Status: in_force

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.
9 Del. C. § 8602 — Delaware Code / Title 9 / Chapter 86 / Section 8602
§ Â
        8602. Notice to taxables of taxes due; effect of failure to receive notice.
Status: in_force

(a) For purposes of this chapter and Chapter 87 of this title, the term “tax collecting authority” shall refer, in New Castle County, to the Chief Financial Officer; in Kent County, to the Receiver of Taxes and County Treasurer; and in Sussex County, to the Director of Finance.

(b) The tax collecting authority of each county shall mail to all taxables in the county a statement of their taxes collectible by that county not more than 30 days after the taxes are due and payable.

(c) The failure of the rightful owner of any property to receive a statement of taxes by mail from the tax collecting authority shall not relieve the taxable from the obligation of timely payment of any and all taxes due.
9 Del. C. § 3312 — Delaware Code / Title 9 / Chapter 33 / Section 3312
§ Â
        3312. Construction of chapter.
Status: in_force

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.
9 Del. C. § 4703 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4703
§ Â
        4703. Powers of county government as to operation of plant; regulations and charges for service.
Status: in_force

(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. § 1136 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1136
§ Â
        1136. Fiscal year.
Status: in_force

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. § 6803 — Delaware Code / Title 9 / Chapter 68 / Section 6803
§ Â
        6803. Commission members; appointment, terms and qualifications.
Status: in_force

(a) The Commission shall consist of 7 members as follows:

(1) Two nonvoting, ex officio members, the County Engineer and a member of the county government; and

(2) Five voting members all of whom shall be appointed by the county government.

(b) The term of the county government member and the County Engineer shall come to an end at the end of the term for which they were elected or chosen respectively. The members of the Commission appointed by the Department of Transportation, Department of Health and Social Services, the Department of Natural Resources and Environmental Control and the Department of Agriculture shall serve at the pleasure of the appointing authority.

(c) The voting members appointed by the county government shall be appointed as follows:

(1) During the month of June of each year in which a term of any members theretofore appointed by the county government expires, the county government shall appoint members to the Commission. The terms of office shall commence on the July 1 following appointment. Each member shall serve until that member’s successor is appointed and qualified. Each member shall be appointed for a term of 3 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. The appointed members shall be residents of Sussex County and no more than 2 members shall be appointed for the same council district.

(2) Each member shall be a freeholder and a resident of Sussex County. No more than 1 member shall live inside any incorporated city or town not included in county planning. No more than 3 members shall be of the same political party. Originally, 2 members shall be appointed for 3 years, 2 members for 2 years, and the remaining member for 1 year.

(3) Appointees shall be persons having the knowledge and experience to pass upon planning and zoning problems in connection with urban and rural development, and who at the time of appointment are not candidates for or incumbents of an elective public office.

(d) When any vacancy occurs in the Commission, either by death, resignation, expiration of term of office, removal, or otherwise, of any person so appointed, the vacancy shall be filled for the unexpired term by the body or person which appointed the member to the office in which such vacancy occurred.

(e) The members of the Commission shall serve without compensation, but shall be paid their necessary expenses incurred in the performance of their duties.
9 Del. C. § 4721 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4721
§ Â
        4721. Petition to establish garbage collection district.
Status: in_force

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. § 2408 — Delaware Code / Title 9 / Chapter 24 / Section 2408
§ Â
        2408. Principal and interest payments; taxes.
Status: in_force

(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.
9 Del. C. § 1159 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1159
§ Â
        1159. Capital program and capital budget.
Status: in_force

(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 is not bound by the County Executive’s 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) (1) The County Council, in the adoption of the Capital Budget Ordinance, may 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 appropriation, including debt service, which is related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function.

(2) The County Council, in the adoption of the Capital Budget Ordinance, may not impose ad valorem taxation on real property within a municipality for the payment of the cost of any capital appropriation, including debt service, which is related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function.

(3) New Castle County may also impose ad valorem taxation on real property within any municipality as follows:

a. In any instance where a municipality initiates the performance of a local service function without the consent of New Castle County under § 1102 of this title.

b. For capital appropriations, 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.

c. To any municipality not expending funds in the previous fiscal year for the given local service function or not adequately performing the local service function.

(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 appropriation, including debt service, which is not related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for the local service function.
9 Del. C. § 4634 — Delaware Code / Title 9 / Chapter 46 / Section 4634
§ Â
        4634. Payment of installment.
Status: in_force

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. § 320 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 320
§ Â
        320. Property tax credits for individuals with disabilities.
Status: in_force

(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.
9 Del. C. § 1116 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1116
§ Â
        1116. Powers and duties.
Status: in_force

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. § 1391 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1391
§ Â
        1391. Office of Law; functions.
Status: in_force

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. § 6922 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6922
§ Â
        6922. Appropriations.
Status: in_force

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 and other purposes, in accordance with this chapter, from either private or public sources, state or federal.
9 Del. C. § 5413 — Delaware Code / Title 9 / Chapter 54 / Section 5413
§ Â
        5413. Nature and incidents of bonds.
Status: in_force

(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 Administrator, 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.

(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 Levy Court 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.
9 Del. C. § 2214 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2214
§ Â
        2214. Discontinuance of water supply for failure to pay service charge.
Status: in_force

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.
9 Del. C. § 1165 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1165
§ Â
        1165. Redistricting after each census.
Status: in_force

(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 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. § 1320 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1320
§ Â
        1320. Judicial review.
Status: in_force

Transferred to § 1371D of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.
9 Del. C. § 571 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 571
§ Â
        571. Determination of portion of total assessment payable annually; special lien; payment.
Status: in_force

(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.
9 Del. C. § 303 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 303
§ Â
        303. Vacancies in county government.
Status: in_force

(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.
9 Del. C. § 1408 — Delaware Code / Title 9 / Chapter 14 / Section 1408
§ Â
        1408. Access to records, property and employees; required contract provisions for access.
Status: in_force

(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. § 4803 — Delaware Code / Title 9 / Chapter 48 / Section 4803
§ Â
        4803. Regional Planning Commission.
Status: in_force

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. § 5410 — Delaware Code / Title 9 / Chapter 54 / Section 5410
§ Â
        5410. Agreements to pay revenue from taxes on tax increment into special fund.
Status: in_force

A municipality, school district, or other taxing body that taxes property within the County which is not an issuing body 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 § 5407 of this title. Such agreement shall be between the County and the taxing body and shall run to the benefit of and be enforceable on behalf of any holder of the bonds.
9 Del. C. § 2313 — Delaware Code / Title 9 / Chapter 23 / Section 2313
§ Â
        2313. Deposit accompanying bids.
Status: in_force

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.
9 Del. C. § 4415 — Delaware Code / Title 9 / Chapter 44 / Section 4415
§ Â
        4415. Construction using public financial assistance.
Status: in_force

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.
9 Del. C. § 579 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 579
§ Â
        579. Payment and retirement of bonds and interest.
Status: in_force

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. § 8424 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8424
§ Â
        8424. Duty to collect taxes within 1 year from date of warrant.
Status: in_force

(a) Except as otherwise provided, the receiver of taxes and county treasurer or director of finance shall collect and pay to the county all taxes on the duplicates delivered to him or her within 1 year next after the date of the warrant attached to the tax duplicates. He or she shall each week carry the funds collected by him or her to the credit of the county, or to the credit of such county fund as the county government shall direct.

(b) If the receiver of taxes and county treasurer or director of finance fails, in any year, to make full and complete settlement with the county for the taxes which it is his or her duty to collect, excepting such allowance as may be made to him or her, his or her salary as such officer shall be withheld and he or she shall not be entitled to accept or receive any salary or other compensation until such full and final settlement be made.
9 Del. C. § 1155 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1155
§ Â
        1155. Consideration and adoption of the annual operating budget ordinance.
Status: in_force

(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 all of the following:

(1) A summary of the estimated revenues and appropriations.

(2) The detail of recommended new sources of revenue or increased rates of existing taxes, licenses, fees, or other revenue.

(3) The website address where a copy of the budget may be located and identification of the pages of the budget on which a listing of all individual LSF tax rates and individual fire protection tax rates for each municipality may be found.

(4) That copies of the budget are available upon request at the office of the Clerk of County Council.

(5) The date, time, and place at which the County Council will commence its public hearings upon the proposed budget, which may 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 appropriations to an amount greater than the estimate of revenue for the corresponding period.

(d) (1) 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 appropriations for the performance or funding of local service functions by New Castle County within the municipalities and unincorporated area.

(2) The County Council, in estimating the revenues for the payment of the cost of each such local service function, may not include in the estimate any estimated revenues to be derived from ad valorem taxation of real property within any municipality. related to the performance or funding by the County of a local service function in excess of the individual LSF tax rate or individual fire protection rate for that local service function.

(e) New Castle County may also impose ad valorem taxation on real property within any municipality as follows:

(1) In any instance where a municipality initiates the performance of a local service function without the consent of New Castle County under § 1102 of this title.

(2) For the cost of operation by the County of park and recreational facilities which are not local in nature and which serve the metropolitan area.

(3) To any municipality not expending funds in the previous fiscal year for the given local service function or not adequately performing the local service function.

(f) County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled General Operating Budget, all appropriations 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 appropriations, shall include the estimated revenue to be derived from county-wide ad valorem taxation of real property.
9 Del. C. § 102 — Delaware Code / Title 9 / Chapter 1 / Section 102
§ Â
        102. New Castle County boundaries.
Status: in_force

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.
9 Del. C. § 9108 — Delaware Code / Title 9 / Chapter 91 / Section 9108
§ Â
        9108. Disposition of fees.
Status: in_force

All the fees, costs, allowances and other perquisites which are taxable and paid to any county officer for any official service rendered by any such officer, shall be for the sole use of the county of such officer, and when received shall be paid to the receiver of taxes and county treasurer or department of finance thereof.
9 Del. C. § 1151 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1151
§ Â
        1151. Action required by ordinance.
Status: in_force

All actions of the County Council which shall have the force of law shall be by ordinance.
9 Del. C. § 5505 — Delaware Code / Title 9 / Chapter 55 / Section 5505
§ Â
        5505. Special fund.
Status: in_force

(a) By resolution, the Levy Court may:

(1) Designate by resolution an area or areas within the County as a special development district even though no bonds authorized by this chapter have been issued by the County with respect to that special development district or are then outstanding;

(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, for any other purpose related to the ongoing expenses of or security, including debt service coverage requirements, for the bonds, or to secure payment by the County of its obligations under an agreement described in § 5502(b)(3) of this title. 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 § 5513 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

(2) Require that the proceeds from the tax be paid into the special fund.
9 Del. C. § 1393 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1393
§ Â
        1393. Qualifications of County Attorney.
Status: in_force

The County Attorney and all Assistant County Attorneys shall be members of the Delaware Bar.
9 Del. C. § 9609 — Delaware Code / Title 9 / Chapter 96 / Section 9609
§ Â
        9609. Separate books for maps and plots.
Status: in_force

Each recorder shall record all maps and plots of real estate, presented to his or her office for recording, in separate volumes. The recorder shall make and preserve, in proper index books, an accurate index of all such maps and plots.
9 Del. C. § 8101 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8101
§ Â
        8101. Property subject to county taxation [For application of this section, see 85 Del. Laws, c. 132, Â 5].
Status: in_force

(a) All real property situated in this State shall be liable to taxation and assessment for public purposes by the county in which the property is located, except as otherwise provided in this chapter.

(b) Real property shall consist of the following:

(1) Land;

(2) Buildings;

(3) Improvements; and

(4) Special betterments.

(c) Improvements shall mean annexations to land other than buildings which increase the market value of the land when used for general purposes permitted by law, or annexations to buildings which increase the market value of the buildings when used for general purposes permitted by law.

(d) The taxation and assessment of lands, buildings and improvements shall exclude the value of any annexation and other addition to lands other than buildings and the value of any annexation and other addition to buildings or improvements, to the extent its use is limited primarily to a particular trade, business, occupation, profession, industry or similarly restricted activity. Such annexation or other addition may be taxed and assessed as a special betterment, if included in the enumeration in subsection (e) of this section.

(e) Special betterments, whether or not also considered to be improvements, shall include and be limited to the following:

(1) Bridges, wharves or piers;

(2) Mains, pipes and tanks, used for conducting steam, heat, water, oil or gas, not used in a manufacturing, assembling, processing or refining operation;

(3) Railroad sidings, roads, walkways and parking areas;

(4) Fences and yard lighting;

(5) Storage tanks;

(6) Sewer systems including piping, separators, septic tanks and waste treatment systems; water systems, including cooling and drinking water lines, both above and below ground;

(7) Poles, towers, wires and cable, for distribution of electrical energy either above or below ground, not used in a manufacturing, assembling, processing or refining operation;

(8) Poles, wires, cable and conduit for distribution of telephone communication services either above or below ground; provided, however, that in no event shall the amount of tax imposed on communications providers that were paying tax on such property as of June 30, 2015, exceed the amount actually paid by such provider to each political subdivision in the fiscal year ending June 30, 2015;

(9) Fire protection systems, including all facilities which are components of the fire protection systems;

(10) Racetracks, stadiums and airports;

(11) Bank vaults and bank teller windows; and

(12) Outdoor motion picture theaters.

(f) The taxation and assessment of lands, buildings and improvements shall exclude the value of any lands, buildings, and improvements upon which are situated, or which are in active use as, compost bins, manure sheds, or other nutrient storage, disposal, or management structures or facilities pursuant to a nutrient management plan required pursuant to Chapter 22 of Title 3. In order to receive an exemption pursuant to this subsection, the taxpayer must notify the county of the existence of the qualifying land, buildings, or improvements and request the exemption.
9 Del. C. § 905 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 905
§ Â
        905. Licensing agents; bond requirements; service charge; negotiations [Transferred].
Status: in_force

Transferred to § 3045F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 1168 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1168
§ Â
        1168. Vesting of slum clearance and housing authoritiesâ powers in county departments.
Status: in_force

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.
9 Del. C. § 569 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 569
§ Â
        569. Improvements incorporated into contractorâs system; responsibility for maintenance; inspections of fire hydrants and connecting water mains; testing of fire-fighting equipment.
Status: in_force

(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 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.
9 Del. C. § 4520 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4520
§ Â
        4520. Construction of chapter with other laws.
Status: in_force

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. § 771 — Delaware Code / Title 9 / Chapter 7 / Subchapter VI / Section 771
§ Â
        771. Deposit of funds.
Status: in_force

(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 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.