9 Del. C. § 4818 — Delaware Code / Title 9 / Chapter 48 / Section 4818
§ Â
        4818. Appeals from county government decisions.
Status: in_force

All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court of Kent County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotary shall give notice to the Clerk of the Peace of Kent County who shall transmit to the Prothonotary within 10 days the written decision of the county government, which decision shall set forth the legal and factual basis for the refusal of the county government to permit the recording of the plat in the manner requested.
9 Del. C. § 9405 — Delaware Code / Title 9 / Chapter 94 / Section 9405
§ Â
        9405. Duties as clerk of the county government.
Status: in_force

(a) The clerk of the peace shall safely keep the books and papers of the county government, and make full and true minutes of all the proceedings thereof. The clerk of the peace shall observe the orders and rules of the county government in all things relating to the duties of his or her office.

(b) This section shall not apply to the clerks of the peace of New Castle or Sussex Counties.
9 Del. C. § 5207 — Delaware Code / Title 9 / Chapter 52 / Section 5207
§ Â
        5207. Levy and collection of stormwater maintenance fee.
Status: in_force

(a) In order to fund the annual and long-term costs for each stormwater maintenance district, the county government shall establish a fee structure for each district and divide the annual cost, plus a pro rata administrative cost as determined by the county government, by the number of dwelling units within the stormwater maintenance district to arrive at the annual unit cost. The annual unit cost shall then be assessed against each unit located within the boundaries of the stormwater maintenance district. No parcel of real estate shall be exempt from paying its annual unit cost. The established fee structure need not be uniform among districts.

(b) The annual unit cost assessed against each unit shall be levied and collected by the Board of Assessment and county government at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The fee shall be included on the county tax bills under the heading “stormwater maintenance fee.”
9 Del. C. § 5209 — Delaware Code / Title 9 / Chapter 52 / Section 5209
§ Â
        5209. Continuation and termination of contracts; consolidation of stormwater maintenance districts.
Status: in_force

The county government may determine not to continue stormwater maintenance for any stormwater maintenance district at the expiration of any agreement entered into pursuant to this chapter. The county government may, without further public hearings, consolidate 2 or more stormwater maintenance districts into a single district.
9 Del. C. § 4643 — Delaware Code / Title 9 / Chapter 46 / Section 4643
§ Â
        4643. Proposals opened publicly.
Status: in_force

All proposals shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly announced.
9 Del. C. § 4962 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4962
§ Â
        4962. Highway capacity.
Status: in_force

The county government shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request” ) without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in paragraphs (2)a. through (2)c. of this section:

(1) a. As soon as possible, but in any event no later than June 30, 1988, the county government, through its designated planning agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of Transportation of the effects on traffic of each rezoning application.

b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with county procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation.

c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the County.

d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought.

(2) a. The Levy Court, through its local planning agency, shall establish an agreement with the Department of Transportation to designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2.

b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this section and public comment must be permitted at the public hearing.

c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.
9 Del. C. § 8362 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8362
§ Â
        8362. Penalty for mobile home owner failing to apply for a placement permit.
Status: in_force

A mobile home owner who fails to apply for a placement permit required by § 8352 of this title shall be fined not more than $200.
9 Del. C. § 6511 — Delaware Code / Title 9 / Chapter 65 / Section 6511
§ Â
        6511. Power to issue bonds; terms; borrowing in anticipation of issuance of bonds.
Status: in_force

(a) The county government may issue bonds of Sussex County to finance the cost of constructing sewage disposal or water facilities in any sanitary sewer or water district, respectively. Bonds issued to finance such facilities may be issued to fund interest on such bonds for a period not to exceed 6 months during the period of construction of the facilities being financed. The moneys raised by the issuance of such bonds shall be held in a separate account and shall be expended only for the construction of sewage disposal or water facilities in the sanitary sewer or water district for which the bonds are issued.

(b) The bonds shall bear interest at a rate or rates per annum determined by the county government. Interest on the bonds shall be exempt from taxation by the State or any political subdivision thereof for any purpose. Each issue of bonds shall be payable within 40 years after the date of their issue. The interest coupons and face amount of the bonds shall be payable at a state or national bank designated by the county government. The reasonable expenses of issuing such bonds shall be deemed a part of the cost of constructing the sewer or water facilities. The full faith and credit of Sussex County may be pledged to the payment of such bonds and the interest thereon.

(c) In anticipation of issuance of bonds, the county government may, by resolution, borrow money in such amounts as it may find necessary and authorize the issuance of negotiable notes therefor.
9 Del. C. § 4132 — Delaware Code / Title 9 / Chapter 41 / Subchapter III / Section 4132
§ Â
        4132. Kent County Volunteer Firemenâs Association.
Status: in_force

(a) The government of Kent County shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen’s Association, the sum of $13,500 to be distributed by the Firemen’s Association equally to each of the regularly organized and motorized fire companies, members of the Association, for the maintenance and upkeep of the fire equipment of the member companies.

(b) The county government shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen’s Association the sum of $800 to be used for the maintenance of radio equipment used in connection with volunteer fire fighting apparatus throughout the County.
9 Del. C. § 344 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 344
§ Â
        344. Rejection and forfeiture of assigned claims.
Status: in_force

If it appears to the governing body that any demand presented to it for allowance has been assigned or contracted for, the governing body shall reject it and the same shall be forfeited.
9 Del. C. § 1162 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1162
§ Â
        1162. Adoption of pay plans.
Status: in_force

(a) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the County Council, except those whose compensation is fixed by state law, shall be compensated only in accordance with pay plans adopted by the County Council.

(b) Not more than 15 days after receipt from the County Executive of any recommendation of measures for the establishment or amendment of a pay plan or portions thereof, the President of County Council shall introduce an ordinance for the adoption of such recommendations. Not later than 60 days after the receipt of such recommendations, the County Council shall adopt them as submitted or in such amended form as the County Council shall provide. Should the County Council fail to act upon such recommendations within such 60-day period, its approval shall be presumed and the recommended pay plan or amendment thereto shall become effective as recommended.
9 Del. C. § 1164 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1164
§ Â
        1164. Councilmanic districts.
Status: in_force

The boundaries of the 7 councilmanic districts shall be as follows:

DISTRICT 1

The boundaries of the first councilmanic district shall comprise all that portion of the City of Wilmington, Christiana Hundred and New Castle Hundred bounded by a line beginning at the point of intersection of the center line of the northerly boundary of the City of Wilmington with the center line of the boundary line of the States of Delaware and New Jersey; thence in a generally westerly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of Todds Lane extended; thence in a northwesterly direction along the center line of Todds Lane extended and Todds Lane to its point of intersection with the center line of Bowers Street; thence in a southwesterly direction along the center line of Bowers Street to its point of intersection with the center line of 27th Street; thence in a northwesterly direction along the center line of 27th Street to its point of intersection with the center line of Claymont Street; thence in a southwesterly direction along the center line of Claymont Street to its point of intersection with the center line of 26th Street; thence in a northwesterly direction along the center line of 26th Street to its point of intersection with the center line of North East Boulevard; thence in a northeasterly direction along the center line of North East Boulevard to its point of intersection with the center line of 30th Street; thence in a northwesterly direction along the center line of 30th Street to its point of intersection with the center line of Market Street; thence in a southwesterly direction along the center line of Market Street to its point of intersection with the center line of Concord Avenue; thence in a northerly direction along the center line of Concord Avenue to its point of intersection with the center line of Washington Street; thence in a southwesterly direction along the center line of Washington Street to its point of intersection with the center line of Baynard Boulevard; thence in a southerly direction along the center line of Baynard Boulevard to its point of intersection with the center line of the Brandywine Creek; thence in a northwesterly direction along the center line of the Brandywine Creek to its intersection with the center line of Adams Street extended; thence in a southwesterly direction along the center line of Adams Street extended and Adams Street to its point of intersection with the center line of Delaware Avenue; thence in a southeasterly direction along the center line of Delaware Avenue to its point of intersection with the center line of Adams Street; thence in a southwesterly direction along the center line of Adams Street to its point of intersection with the center line of 10th Street; thence in a northwesterly direction along the center line of 10th Street to its point of intersection with the center line of Jackson Street; thence in a northeasterly direction along the center line of Jackson Street to its point of intersection with Delaware Avenue; thence in a northwesterly direction along the center line of Delaware Avenue to its point of intersection with the center line of Pennsylvania Avenue; thence in a westerly direction along the center line of Pennsylvania Avenue to its point of intersection with the center line of Broom Street; thence in a southwesterly direction along the center line of Broom Street to its point of intersection with the center line of 6th Street; thence in a northwesterly direction along the center line of 6th Street to its point of intersection with the center line of duPont Street; thence in a southwesterly direction along the center line of duPont Street to its point of intersection with the center line of 4th Street; thence in a northwesterly direction along the center line of 4th Street to its point of intersection with the center line of Union Street; thence in a southwesterly direction along the center line of Union Street to its point of intersection with the center line of Linden Street; thence in a northwesterly direction along the center line of Linden Street and Linden Street extended to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a southwesterly and southeasterly direction along the center line of the boundary of the City of Wilmington and the boundary of the City of Elsmere to its point of intersection with the most eastern point of the center line of the boundary of the City of Elsmere; thence in a southwesterly direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of duPont Road; thence in a southeasterly direction along the center line of duPont Road to its point of intersection with the center line of Howard Street; thence in a southerly direction along the center line of Howard Street to its point of intersection with the center line of Matthes Avenue; thence in an easterly direction along the center line of Matthes Avenue to its point of intersection with the center line of Maryland Avenue; thence in a southwesterly direction along the center line of Maryland Avenue to its point of intersection with the center line of Middleboro Road; thence in an easterly direction along the center line of Middleboro Road and Middleboro Road extended to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way (extended) to its intersection with the center line of the Christina River; thence in an easterly and northerly direction along the center line of the Christina River to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a southeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of South Heald Street (Heald Street Cut-Off); thence in a southwesterly direction along the center line of South Heald Street (Heald Street Cut-Off) to its intersection with the center line of Rogers Road; thence in a southeasterly direction along the center line of Rogers Road to its point of intersection with the center line of New Castle Avenue; thence southwesterly along the center line of New Castle Avenue to its point of intersection with the center line of Lambson Lane; thence in an easterly direction along the center line of Lambson Lane to its intersection with the center line of the boundary of the City of Wilmington; thence in a southeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the boundary of the States of Delaware and New Jersey; thence in a northeasterly direction along the center line of the boundary of the States of Delaware and New Jersey to its intersection with the center line of the northern boundary of the City of Wilmington, the point and place of beginning.

DISTRICT 2

The boundaries of the second councilmanic district shall comprise all that portion of Brandywine Hundred and the City of Wilmington bounded by a line beginning at the point of intersection of the center line of the most eastern point of the state boundary of the States of Delaware and New Jersey; thence in a northwesterly direction along the center line of the state boundary of the States of Delaware and New Jersey to the point of its intersection with the center line of the state boundary of the States of Delaware and Pennsylvania; thence in a westerly direction along the center line of the state boundary of the State of Delaware and Pennsylvania to its point of intersection with the center line of Dartmouth Woods Road extended; thence in a southerly direction along the center line of Dartmouth Woods Road extended and Dartmouth Woods Road to its point of intersection with the center line of Naamans Road; thence in a westerly direction along the center line of Naamans Road to its point of intersection with the center line of Grubb Road; thence in a southeasterly direction along the center line of Grubb Road to its point of intersection with the center line of Weatherton Drive; thence in a southerly direction along the center line of Weatherton Drive to its point of intersection with the center line of Raven Road; thence in a westerly direction along the center line of Raven Road to its point of intersection with the center line of Kingman Drive; thence in a generally southerly direction along the center line of Kingman Drive to its point of intersection with the center line of Silverside Road; thence in a southeasterly direction along the center line of Silverside Road to its point of intersection with the center line of Graylyn Road; thence in a southwesterly direction along the center line of Graylyn Road to its point of intersection with the center line of Graywell Road; thence in a southwesterly direction along the center line of Graywell Road to its point of intersection with the center line of Wilson Road; thence in a southwesterly direction along the center line of Wilson Road to its point of intersection with the center line of Shipley Road; thence in a southerly direction along the center line of Shipley Road to its point of intersection with the center line of the Baltimore and Ohio Railroad right-of-way; thence in a southwesterly direction along the center line of the Baltimore and Ohio Railroad right-of-way to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a southerly, easterly and northerly direction along the center line of the boundary of the City of Wilmington to its intersection with the center line of Lea Boulevard; thence in a southeasterly direction along the center line of Lea Boulevard to its intersection with the center line of Washington Street; thence in a southwesterly direction along the center line of Washington Street to its intersection with the center line of 33rd Street; thence in a southeasterly direction along the center line of 33rd Street to its point of intersection with the center line of Market Street; thence in a southwesterly direction along the center line of Market Street to its point of intersection with the center line of 30th Street; thence in a southeasterly direction along the center line of 30th Street to its point of intersection with the center line of North East Boulevard; thence in a southwesterly direction along the center line of North East Boulevard to its point of intersection with the center line of 26th Street; thence in a southeasterly direction along the center line of 26th Street to its point of intersection with the center line of Claymont Street; thence in a northeasterly direction along the center line of Claymont Street to its point of intersection with the center line of 27th Street; thence in a southeasterly direction along the center line of 27th Street to its point of intersection with the center line of Bowers Street; thence in a northeasterly direction along the center line of Bowers Street to its point of intersection with the center line of Todds Lane; thence in a southeasterly direction along the center line of Todds Lane and Todds Lane extended to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a generally easterly direction along the center line of the northern boundary of the City of Wilmington to its point of intersection with the center line of the state boundary of the States of Delaware and New Jersey; thence in a northeasterly direction along the center line of the state boundary of the States of Delaware and New Jersey to the most eastern point of the state boundary of the States of Delaware and New Jersey, the point and place of beginning.

DISTRICT 3

The boundaries of the third councilmanic district shall comprise all that portion of Brandywine Hundred, Christiana Hundred, Mill Creek Hundred, and the City of Wilmington bounded by a line beginning at the point of intersection of the center line of the state boundary of the States of Delaware and Pennsylvania and the center line of Dartmouth Woods Road extended; thence in a generally westerly direction along the center line of the boundaries of the States of Delaware and Pennsylvania to its point of intersection with the center line of Old Wilmington Road; thence in a generally southeasterly direction along the center line of Old Wilmington Road to its point of intersection with the center line of Loveville Road; thence in a southerly direction along the center line of Loveville Road to its point of intersection with the center line of Lancaster Pike (Route 48); thence in a southeasterly direction along the center line of Lancaster Pike (Route 48) to its point of intersection with the center line of Center Road (Route 141); thence in a southwesterly direction along the center line of Center Road (Route 141) to its point of intersection with the center line of Faulkland Road; thence in an easterly direction along the center line of Faulkland Road to its point of intersection with the center line of duPont Road; thence in a southerly direction along the center line of duPont Road to its point of intersection with the center line of the boundary of the City of Elsmere; thence in a southeasterly direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a northeasterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of Linden Street extended; thence in a southeasterly direction along the center line of Linden Street extended and Linden Street to its point of intersection with the center line of Union Street; thence in a northeasterly direction along the center line of Union Street to its point of intersection with the center line of 4th Street; thence in a southeasterly direction along the center line of 4th Street to its point of intersection with the center line of duPont Street; thence in a northeasterly direction along the center line of duPont Street to its intersection with the center line of 6th Street; thence in a southeasterly direction along the center line of 6th Street to its point of intersection with the center line of Broom Street; thence in a northeasterly direction along the center line of Broom Street to its intersection with the center line of Pennsylvania Avenue; thence in an easterly direction along the center line of Pennsylvania Avenue to its point of intersection with the center line of Delaware Avenue; thence in a southeasterly direction along the center line of Delaware Avenue to its second point of intersection with the center line of Jackson Street; thence in a southwesterly direction along the center line of Jackson Street to its point of intersection with the center line of 10th Street; thence in a southeasterly direction along the center line of 10th Street to its point of intersection with the center line of Adams Street; thence in a northeasterly direction along the center line of Adams Street to its point of intersection with the center line of Delaware Avenue; thence in a northwesterly direction along the center line of Delaware Avenue to its point of intersection with the center line of Adams Street; thence in a northeasterly direction along the center line of Adams Street and Adams Street extended to its point of intersection with the center line of the Brandywine Creek; thence in a southeasterly direction along the center line of the Brandywine Creek to its point of intersection with the center line of Baynard Boulevard; thence in a northeasterly direction along the center line of Baynard Boulevard to its point of intersection with the center line of Washington Street; thence in a northeasterly direction along the center line of Washington Street to its point of intersection with the center line of Concord Avenue; thence in a southerly direction along the center line of Concord Avenue to its point of intersection with the center line of Market Street; thence in a northeasterly direction along the center line of Market Street to its point of intersection with the center line of 33rd Street; thence in a northwesterly direction along the center line of 33rd Street to its point of intersection with the center line of Washington Street; thence in a northeasterly direction along the center line of Washington Street to its point of intersection with the center line of Lea Boulevard; thence in a northwesterly direction along the center line of Lea Boulevard to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a westerly, southerly and northerly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Baltimore and Ohio Railroad right-of-way; thence in a northeasterly direction along the center line of the Baltimore and Ohio Railroad right-of-way to its point of intersection with the center line of Shipley Road; thence in a northwesterly direction along the center line of Shipley Road to its point of intersection with the center line of Wilson Road; thence in a northeasterly direction along the center line of Wilson Road to its point of intersection with the center line of Graywell Road; thence in a northwesterly direction along the center line of Graywell Road to its point of intersection with the center line of Graylyn Road; thence in a northeasterly direction along the center line of Graylyn Road to its point of intersection with the center line of Silverside Road; thence in a northwesterly direction along the center line of Silverside Road to its point of intersection with the center line of Kingman Drive; thence in a generally northerly direction along the center line of Kingman Drive to its point of intersection with the center line of Raven Road; thence in an easterly direction along the center line of Raven Road to its point of intersection with the center line of Weatherton Drive; thence in a northeasterly direction along the center line of Weatherton Drive to its point of intersection with the center line of Grubb Road; thence in a northwesterly direction along the center line of Grubb Road to its point of intersection with the center line of Naamans Road; thence in an easterly direction along the center line of Naamans Road to its point of intersection with the center line of Dartmouth Woods Road; thence in a northeasterly direction along the center line of Dartmouth Woods Road and Dartmouth Woods Road extended to its point of intersection with the center line of the state boundary of the States of Delaware and Pennsylvania, the point and place of beginning.

DISTRICT 4

The boundaries of the fourth councilmanic district shall comprise all that portion of Christiana Hundred, Mill Creek Hundred, the City of Elsmere and the City of Newport bounded by a line beginning at the point of intersection of the center line of Center Road (Route 141) and the center line of Lancaster Pike (Route 48); thence in a northwesterly direction along the center line of Lancaster Pike (Route 48) to its point of intersection with the center line of Loveville Road; thence in a southerly direction along the center line of Loveville Road and McKennans Church Road to its point of intersection with the center line of Milltown Road; thence in a southwesterly direction along the center line of Milltown Road to its point of intersection with the center line of the Kirkwood Highway (Route 2); thence in a southwesterly direction along the center line of Kirkwood Highway (Route 2) to its point of intersection with the center line of the entrance road to Delaware Park; thence in a southeasterly direction along the center line of the entrance road to Delaware Park to its point of intersection with the center line of Old Capitol Trail; thence in a southwesterly direction along the center line of Old Capitol Trail to its point of intersection with the center line of Oak Street; thence in a southeasterly and southwesterly direction along the center line of Oak Street to its point of intersection with the center line of Marta Drive; thence in a southwesterly direction along the center line of Marta Drive to its point of intersection with the center line of a stream connecting Marta Drive with White Clay Creek; thence in a southeasterly direction along the center line of a stream connecting Marta Drive with White Clay Creek to its point of intersection with the center line of the White Clay Creek; thence in a generally northeasterly, southerly and easterly direction along the center line of the White Clay Creek to its point of intersection with the Christina River; thence generally northeasterly along the center line of the Christina River to its intersection with the center line of the Pennsylvania Railroad right-of-way extended; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way extended to its point of intersection with the center line of Middleboro Road extended; thence in a westerly direction along the center line of Middleboro Road extended and Middleboro Road to its point of intersection with the center line of Maryland Avenue; thence in a northeasterly direction along the center line of Maryland Avenue to its point of intersection with the center line of Matthes Avenue; thence in a northwesterly direction along the center line of Matthes Avenue to its point of intersection with the center line of Howard Street; thence in a northerly direction along the center line of Howard Street to its point of intersection with the center line of duPont Road; thence in a northwesterly direction along the center line of duPont Road to its point of intersection with the center line of the boundary of the City of Elsmere; thence in a northeasterly and generally northwesterly direction along the center line of the boundary of the City of Elsmere to its point of intersection with the center line of duPont Road; thence in a northerly direction along the center line of duPont Road to its point of intersection with the center line of Faulkland Road; thence in a westerly direction along the center line of Faulkland Road to its point of intersection with the center line of Center Road (Route 141); thence in a northeasterly direction along the center line of Center Road (Route 141) to its point of intersection with the center line of Lancaster Pike (Route 48), the point and place of beginning.

DISTRICT 5

The boundaries of the fifth councilmanic district shall comprise all that portion of Mill Creek Hundred, White Clay Creek Hundred, Pencader Hundred and the City of Newark bounded by a line beginning at the intersection of the center line of Old Wilmington Road and the center line of the state boundary of the States of Delaware and Pennsylvania; thence in a southwesterly direction along the center line of the state boundary line of the States of Delaware and Pennsylvania to its intersection with the center line of the boundaries of the States of Maryland and Delaware; thence in a southerly direction along the center line of the boundary of the States of Maryland and Delaware to its point of intersection with the center line of U.S. Route 40; thence in a generally easterly direction along the center line of U.S. Route 40 to its point of intersection with the center line of Salem Church Road; thence in a generally northwesterly direction along the center line of Salem Church Road to its point of intersection with the center line of the Christina Creek; thence in a generally northeasterly direction along the center line of the Christina Creek to its point of intersection with the center line of Ogleman Road (Route 7); thence in a generally northwesterly direction along the center line of Ogleman Road (Route 7) to its point of intersection with the center line of Christina Road (Route 273); thence northwesterly along the center line of the Christina Road (Route 273) to its intersection with the center line of Harmony Road; thence in a generally northerly direction along the center line of Harmony Road to its point of intersection with the center line of Ogletown-Stanton Road; thence in a northeasterly direction along the center line of the Ogletown-Stanton Road to its point of intersection with the center line of the Wilmington-Christiana Turnpike (Route 7); thence in a northerly direction along the center line of the Wilmington-Christiana Turnpike (Route 7) to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a northeasterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of White Clay Creek; thence in a northerly and generally westerly direction along the center line of White Clay Creek to its point of intersection with the center line of the stream connecting White Clay Creek with Marta Drive; thence in a northerly direction along the center line of the stream connecting White Clay Creek with Marta Drive to its point of intersection with the center line of Marta Drive; thence in a northeasterly direction along the center line of Marta Drive to its point of intersection with the center line of Oak Street; thence in a northeasterly and northwesterly direction along the center line of Oak Street to its point of intersection with the center line of Old Capitol Trail; thence in a northeasterly direction along the center line of Old Capitol Trail to its point of intersection with the center line of the entrance road to Delaware Park; thence in a northwesterly direction along the center line of the entrance road to Delaware Park to its point of intersection with the center line of the Kirkwood Highway (Route 2); thence in a northeasterly direction along the center line of the Kirkwood Highway (Route 2) to its point of intersection with the center line of Milltown Road; thence in a northeasterly direction along the center line of Milltown Road to its point of intersection with the center line of McKennans Church Road; thence in a generally northerly direction along the center line of McKennans Church-Loveville Road to its point of intersection with the center line of Old Wilmington Road; thence in a northwesterly direction along the center line of Old Wilmington Road to its point of intersection with the center line of the boundary of the States of Delaware and Pennsylvania, the point and place of beginning.

DISTRICT 6

The boundaries of the sixth councilmanic district shall comprise all that portion of New Castle Hundred, Pencader Hundred, Red Lion Hundred, St. Georges Hundred, Appoquinimink Hundred and Blackbird Hundred bounded by a line beginning at the point of intersection of the center line of the southerly boundary of the City of Wilmington and the center line of the state boundary of the States of Delaware and New Jersey; thence in a northwesterly direction along the center line of the southerly boundary of the City of Wilmington to its point of intersection with the center line of Lambson Lane; thence in a generally westerly direction along the center line of Lambson Lane to its point of intersection with the center line of New Castle Avenue; thence in a northeasterly direction along the center line of New Castle Avenue to its point of intersection with the center line of Rogers Road; thence in a northwesterly direction along the center line of Rogers Road to its point of intersection with the center line of South Heald Street (Heald Street Cut-Off); thence in a northeasterly direction along the center line of South Heald Street (Heald Street Cut-Off) to its point of intersection with the center line of the boundary of the City of Wilmington; thence in a northwesterly direction along the center line of the boundary of the City of Wilmington to its point of intersection with the center line of the Christina River; thence in a generally southwesterly direction along the center line of the Christina River to its point of intersection with the center line of the White Clay Creek; thence in a generally westerly direction along the center line of the White Clay Creek to its point of intersection with the center line of the Pennsylvania Railroad right-of-way; thence in a southwesterly direction along the center line of the Pennsylvania Railroad right-of-way to its point of intersection with the center line of Wilmington Christiana Turnpike (Route 7); thence in a southerly direction along the center line of the Wilmington Christiana Turnpike (Route 7) to its point of intersection with the center line of Ogletown-Stanton Road; thence in a southwesterly direction along the center line of Ogletown-Stanton Road to its point of intersection with the center line of Harmony Road; thence in a southerly direction along the center line of Harmony Road to its point of intersection with the center line of Christiana-Ogletown Road (Route 273); thence in a southeasterly direction along the center line of Christiana-Ogletown Road (Route 273) to its point of intersection with the center line of the Christina Creek; thence in a generally southwesterly direction along the center line of the Christina Creek to its point of intersection with the center line of Salem Church Road; thence in a southeasterly direction along the center line of Salem Church Road to its point of intersection with the center line of U.S. Route 40; thence in a generally westerly direction along the center line of U.S. Route 40 to its point of intersection with the center line of the state boundary of the States of Delaware and Maryland; thence in a southerly direction along the center line of the state boundary of the States of Delaware and Maryland to its point of intersection with the center line of the boundary line between the Counties of Kent and New Castle; thence in a generally easterly and northeasterly direction along the center line of the boundary between the Counties of Kent and New Castle to its point of intersection with the center line of the boundary of the States of Delaware and New Jersey; thence in a generally northerly direction along the center line of the boundary of the States of Delaware and New Jersey to its point of intersection with the center line of the southerly boundary of the City of Wilmington, the point and place of beginning.

DISTRICT 7

The boundaries of the seventh councilmanic district shall comprise all of New Castle County.
9 Del. C. § 1334 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1334
§ Â
        1334. County responsibility for fire protection and ambulance and rescue service.
Status: in_force

The County Council of New Castle County may make provisions for emergency medical services and the prevention and extinguishment of fires. For such purposes, the County Council of New Castle County may contract with any fire company authorized by the State Fire Prevention Commission, and in such case may make reasonable payments thereto. Provisions for emergency medical services and fire prevention and extinguishment shall be made cooperatively with the State Fire Prevention Commission and the Office of Emergency Medical Services.
9 Del. C. § 347 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 347
§ Â
        347. Investigation; power to compel attendance of witnesses and to administer oaths.
Status: in_force

(a) The county government may summon and compel the attendance of any witnesses deemed necessary by the elected officials of the county governing body to give information relative to their duties.

(b) Any such elected official may administer oaths or affirmations to witnesses appearing before the governing body.
9 Del. C. § 603 — Delaware Code / Title 9 / Chapter 6 / Subchapter I / Section 603
§ Â
        603. Tax exemption of parks and recreation areas.
Status: in_force

All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired for such use or purpose under the provisions of this chapter shall be forever free from state and county taxation so long as used for such purposes.
9 Del. C. § 8321 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8321
§ Â
        8321. Notice of increase in assessment or new assessment.
Status: in_force

Whenever a board of assessment or Department or Office of Finance shall propose to alter or change any assessment by increasing the same, or make a new assessment other than a general, supplemental, or annual assessment, it shall, before such alteration, change or new assessment is made, give 10 days’ notice in writing to the owner of the property affected thereby, and if such owner cannot be found within the county by reasonable inquiry, then to the person in possession of the property, or to the person in whose custody the same may be.
9 Del. C. § 9606 — Delaware Code / Title 9 / Chapter 96 / Section 9606
§ Â
        9606. Recordation of instruments; duties.
Status: in_force

When a document is lodged for recording in the recorder’s office and the fees paid, the recorder shall note upon it the day, month and year, and in case of any mortgage, the hour and minute of its being so lodged, and shall record the same, with all certificates, annexations, and endorsements, without delay. The recording shall be dated as of the time it was lodged in the office. The recorder shall certify the recording, under hand and official seal, upon each deed or writing recorded, with proper reference to the book and page. The recorder shall also, if required, give a certificate of the lodging of any paper in his or her office for record.
9 Del. C. § 655 — Delaware Code / Title 9 / Chapter 6 / Subchapter IV / Section 655
§ Â
        655. Costs of parks, improvements and maintenance.
Status: in_force

The cost of acquiring, improving and maintaining of any park or recreation area under the provisions of this chapter and making the necessary improvements thereon shall be paid by the owners of the real estate in the suburban park community as hereinbefore provided.
9 Del. C. § 1183 — Delaware Code / Title 9 / Chapter 11 / Subchapter V / Section 1183
§ Â
        1183. Prohibitions and penalties.
Status: in_force

(a) The following prohibitions apply:

(1) A person may not be appointed to, or removed from, or in any way favored or discriminated against with respect to, any county position, or appointive county administrative office, because of race, or color, or national origin, political or religious opinions or affiliations, sex, sexual orientation, gender identity, or any other basis protected under Chapter 7 of Title 19. For purposes of this subsection:

a. “Protective hairstyle” includes braids, locks, and twists.

b. “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(2) A person may not, wilfully or corruptly, make any false statement, certificate, mark, rating, or report in regard to any test, certification or appointment under the personnel provisions of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions or of the rules and regulations made under this chapter.

(3) A person who seeks appointment or promotion with respect to any county position or appointive county administrative office may not, directly or indirectly, give, render, or pay any money, service, or other valuable thing to any person for, or in connection with, that person’s test, appointment, proposed appointment, promotion, or proposed promotion.

(b) Any person who alone or with others wilfully or corruptly violates this section shall be fined not more than $500, or imprisoned for not more than 1 year, or both. Any person convicted under this section shall be ineligible, for a period of 5 years thereafter, to hold any county office or position and, if that person is an officer or employee of the County, that person shall immediately forfeit that person’s office or position. The Superior Court shall have exclusive original jurisdiction over offenses under this section.
9 Del. C. § 6506 — Delaware Code / Title 9 / Chapter 65 / Section 6506
§ Â
        6506. Election on question of establishment of district.
Status: in_force

(a) Whenever the determination on the question of establishing the district, as required by § 6505 of this title, is in the affirmative, and after the other requirements of § 6505 of this title have been complied with, the county government then shall cause an election to be held within 6 months following the date of the hearing, at which the question shall be submitted to the voters of the sanitary sewer district as fixed by the county government as to whether the district shall be established or not. Notice of the election shall be advertised in the same manner as provided in § 6504 of this title for advertising the public hearing. The cost of the election shall be borne by the county government, which shall be reimbursed for such cost by the district, if established by the election.

(b) The proposition shall be submitted to the voters substantially in the following form:

FOR THE SANITARY SEWER DISTRICT

AGAINST THE SANITARY SEWER DISTRICT

(c) The majority of votes cast shall decide the matter.

(d) The election shall be managed and the votes canvassed in such manner as may be prescribed by the county government. All persons who are “voters” as defined in § 6519 of this title shall be eligible to vote in the election.
9 Del. C. § 3202 — Delaware Code / Title 9 / Chapter 32 / Section 3202
§ Â
        3202. Definitions.
Status: in_force

As used in this chapter:

(1) “Act” means the New Castle County Tax Increment Financing Act.

(2) “Adjusted assessed value” means:

a. For real property that qualifies for an agricultural, horticultural or forest use under § 8329 of this title, the assessed value of the property without regard to its agricultural, horticultural or forest use assessment as of January 1 of the calendar year in which the resolution creating the tax increment financing (TIF) District under § 3206 of this title becomes effective; or

b. In the event the county grants an exemption from taxes, the original assessed value less the assessed value of property granted an exemption.

(3) “Assessed value” means the total assessed value of all real property in a TIF District subject to taxation as determined by the Assessor, with any adjustment pursuant to paragraph (2) of this section taken into account.

(4) “Assessor” shall mean the General Manager of the New Castle County Department of Land Use or designee.

(5) “Bonds” or “bond” means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by New Castle County pursuant to and in accordance with this chapter.

(6) “Chief financial officer” means New Castle County Chief Financial Official or designee.

(7) “County” or “county” means New Castle County.

(8) “County council” means New Castle County Council or designee.

(9) “County executive” means the County Executive for New Castle County or designee.

(10) “Development” means redevelopment, revitalization or renovation.

(l1) “Issuer” or “issuer” means New Castle County when it acts to issue bonds or to any other taxing body when it issues bonds.

(12) “Original assessed value” means the assessed value as of January 1 of the calendar year in which the resolution creating the TIF District under § 3206(1) of this title becomes effective.

(13) “Tax increment” means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value.

(14) “Tax year” means the fiscal year for the county.

(15) “TIF District” means an area designated by a resolution described in § 3206(1) of this title.
9 Del. C. § 4905 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4905
§ Â
        4905. Assistance from and cooperation with other agencies.
Status: in_force

The Zoning Commission shall make use of the expert advice and information which may be furnished by appropriate state, federal, or other officials, departments and agencies. All officials, departments, and agencies within the State having information, maps and data pertinent to county zoning shall make the same available for the use of the Zoning Commission, as well as furnish such other technical assistance and advice as they may have available for such purpose.
9 Del. C. § 1134 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1134
§ Â
        1134. Preparation of the capital program and the capital budget; preparation by Chief Administrative Officer; recommendation by County Executive; action by County Council.
Status: in_force

(a) The Chief Administrative Officer shall annually prepare a capital program and a capital budget under the direction of the County Executive. In the course of the preparation of the capital program, the Chief Administrative Officer shall confer with the Department of Land Use to ascertain that the proposed capital program is in accordance with the comprehensive development plan prepared by the Department of Land Use.

(b) No later than April 1 of each year, the County Executive shall recommend to the County Council, a capital program for the ensuing 6 years and a capital budget for the ensuing year. Not later than the date that the program is submitted to County Council, the County Executive shall submit the capital program to the Department of Land Use for its review and recommendations to County Council. The County Executive shall also submit the capital program to the Planning Board for the sole purpose of determining if it is in accordance with the comprehensive development plan.

(c) The proposed capital program, and the proposed capital budget, must have the content and be in the form necessary to enable the County Council to take action as required under § 1159 of this title.

(d) (1) The County Executive, in the preparation of the capital budget, 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 by 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) The provisions of this subsection are not applicable to 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.

(e) The County Executive and the County Council, in the adoption of a capital budget by ordinance, shall uniformly impose ad valorem taxation on real property within the County for the payment of the cost of any capital appropriation, including debt service, except for costs 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.
9 Del. C. § 7001 — Delaware Code / Title 9 / Chapter 70 / Section 7001
§ Â
        7001. Powers of the government of Sussex County.
Status: in_force

(a) General powers. — The government of Sussex County, as established by this chapter, shall assume and have all powers which, under the Constitution of the State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute; including, but not limited to, any powers conferred prior to the effective date of this act by the General Assembly upon Sussex County, or upon the Levy Court of Sussex County, or upon the Levy Court Commissioners of Sussex County, or upon the officers or employees of Sussex County, or upon counties generally, or upon Levy Court Commissioners generally, or upon County Councils generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in Sussex County subject to assessment by the County. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies.

(b) Construction. — The powers of Sussex County under this reorganization law shall be construed liberally in favor of the County, and specific mention of particular powers in the reorganization law shall not be construed as limiting in any way the general powers stated in subsection (a) of this section.

(c) Intergovernmental relations. — The government of Sussex County may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any 1 or more states or civil divisions or counties or agencies thereof, or the United States or any agency thereof.

(d) Exercise of powers. — All powers of the government of Sussex County shall be carried into execution as provided by this title or by other law of this State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the county government of Sussex County.
9 Del. C. § 6110 — Delaware Code / Title 9 / Chapter 61 / Section 6110
§ Â
        6110. Rules and regulations.
Status: in_force

The county government shall make and promulgate rules and regulations for the proper care, maintenance and operation of the Courthouse and Courthouse Annex.
9 Del. C. § 4919 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4919
§ Â
        4919. Enforcement; remedies.
Status: in_force

(a) The enforcement of any code or regulation adopted by the county government under the authority of this subchapter shall be as prescribed by the county government by ordinance.

(b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this subchapter or of any regulation or provision of any regulation or change thereof, enacted or adopted by the county government, the attorney thereof, or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
9 Del. C. § 2602 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2602
§ Â
        2602. Zoning plan and regulations.
Status: in_force

(a) For any or all of the purposes specified in § 2601 of this title the County Council may divide the territory of New Castle County into districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land.

(b) All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in 1 district may differ from those in other districts.
9 Del. C. § 1153 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1153
§ Â
        1153. Procedure for amendments to Zoning Code.
Status: in_force

(a) All amendments to the Zoning Code shall be by ordinance. Not more than 3 days after the introduction of an ordinance amending the Zoning Code, the County Council shall refer it to the Department of Land Use and the Planning Board for recommendation.

(b) Within 45 days the Department of Land Use and the Planning Board shall deliver its recommendation to the County Council who shall again publish the ordinance and establish a time and place at which a public hearing shall be held, provided that the County Council may by its rules and regulations require persons interested in the proposed ordinance to give it advance notice of intent to be heard thereupon. Upon the failure of the Department of Land Use and the Planning Board to deliver its recommendation to the County Council within 45 days, the County Council may proceed as provided in this subsection.
9 Del. C. § 3011 — Delaware Code / Title 9 / Chapter 30 / Section 3011
§ Â
        3011. Effect of approved plan on official map.
Status: in_force

After a plan has been approved and recorded as provided under this chapter, all public streets and public grounds on such plan shall be, and become, a part of the official map of the County without public hearing.
9 Del. C. § 602 — Delaware Code / Title 9 / Chapter 6 / Subchapter I / Section 602
§ Â
        602. Definitions.
Status: in_force

As used in this chapter:

(1) “Clerk of the county government” means the clerk of the peace of the county in which the suburban park community is situated.

(2) “Commission” means the county park and recreation commission.

(3) “County government” means the county governing body.

(4) “Legal voter” means every citizen resident in a proposed or existing suburban park community, who would be entitled at the time of holding an election hereunder to register and vote in any election district of which a proposed or existing suburban park community is a part at a general election, if such general election were to be held at the time of any election under this chapter whether or not he or she is at that time a registered voter.

(5) “Park or recreation area” means any area of real estate located within or reasonably near the suburban park community suitable for the promotion of the health and recreation of the residents of the suburban community.

(6) “Suburban park community” means any unincorporated community within the State:

a. Containing at least 50 dwellings, and

b. Which, in the opinion of the county government is so situated as to form a unit which is reasonably, equitably and economically capable of being improved by the addition of a park or recreation area located reasonably near such suburban park community.
9 Del. C. § 4160 — Delaware Code / Title 9 / Chapter 41 / Subchapter V / Section 4160
§ Â
        4160. 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 any depository bank in the State, to the credit of the county government in a separate account and payments thereof shall be made in the same manner as other payments by the county government. No part of the money thus obtained, except as in this section provided, shall be used for any other purpose than those stated in this subchapter and the purchasers or holders of the bonds shall not be bound to see to or be affected by the application of the money realized from the sale of the bonds.
9 Del. C. § 1371B — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1371B
§ Â
        1371B. Functions of Board of Assessment Review.
Status: in_force

The Board shall perform all of the following functions:

(1) Hear appeals from any property owner who alleges that the property owner’s property has been improperly assessed for purposes of taxation.

(2) Following the hearing of any property owner and, in the light of the facts produced at such hearing, determine whether the assessment is correct. If the Board should find that the assessment is greater than it should be, the Board shall order the Chief Financial Officer to reduce the assessment and the Chief Financial Officer shall thereupon reduce the assessment to the adjusted amount established by the Board.

(3) Review the methods by which the Chief Financial Officer has established the assessments and the results thereof as reflected by the assessment roll. If the Board should find that the procedures used by the Chief Financial Officer require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such recommendations as it deems proper to the Chief Financial Officer and file a copy thereof with the Clerk of the County Council.

(4) Prepare such rules and regulations for its operation as it deems appropriate.
9 Del. C. § 626 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 626
§ Â
        626. Study of suburban park community plan by commission; hearings; notice; recommendations to county government.
Status: in_force

(a) Promptly upon the filing of a prescribed petition, the county government shall adopt a resolution requesting the commission to make a study of the suburban park community and make its recommendations to the county government concerning the area to be included in the suburban park community and the boundaries and location of such park or recreation area.

(b) The commission shall upon receipt of a request from the county government, hold at least 1 public hearing on a proposed suburban park community plan. Notice of such hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the said community and be posted in not less than 4 conspicuous public places in the proposed suburban park community. The notice shall contain the time and place of hearing, and shall specify the place and times at which the proposed suburban park community plan showing the proposed park layout and the extent of the park and recreation area and the nature of the improvements to be made, may be examined. Such notice shall also contain a description of the boundaries of the proposed suburban park community. All interested persons, residents, voters, tax payers, property owners or other persons or corporations in any way affected by the granting of such petition shall be heard on any question with respect to the location of the boundaries of the suburban park community and the proposed suburban community park plan and whether all real property included in the proposed suburban park community will be benefited by the carrying out of such plan. For the purpose of any of its public hearings under this chapter, the commission shall have power to summon witnesses, administer oaths, and compel the giving of testimony. The recommendation of the commission shall be submitted to the county government within 60 days from passage of said resolution by the county government.

(c) The commission may upon its own motion and without having received a request from the county government, and without a petition having been filed, proceed to hold a public hearing as hereinabove provided and may submit to the county government the recommendation of the commission for establishment of a suburban park community and the making of improvements therein.
9 Del. C. § 1376 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1376
§ Â
        1376. Records of tax delinquencies.
Status: in_force

The Office shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the County.
9 Del. C. § 8327 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8327
§ Â
        8327. Construction.
Status: in_force

In the construction of this chapter, the powers and duties assigned solely to boards of assessment shall not be applicable to New Castle County, Kent County and Sussex County. All other provisions of this chapter from which New Castle County, Kent County and Sussex County are not specifically excluded shall be applicable to New Castle County, Kent County and Sussex County.
9 Del. C. § 8307 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8307
§ Â
        8307. Use of local assessment lists.
Status: in_force

(a) A county department of finance may enter into an agreement with the proper authorities of any city, town, or municipality to inspect and copy any assessment made for local purposes. If in the opinion of that department of finance the local assessment assesses all property at its present fair market value, then that department of finance may adopt that local assessment as the assessment for county purposes.

(b) In making the capitation assessments, the boards are authorized to examine the assessment lists of towns, cities and school districts, and the books of registered voters of the preceding election, in order that no person may be omitted from the assessment lists.
9 Del. C. § 4641 — Delaware Code / Title 9 / Chapter 46 / Section 4641
§ Â
        4641. Contents of notice of sale â Deposit.
Status: in_force

The notice of sale shall require all bidders to deposit a certified or cashier’s check for 2% of the amount of bonds proposed to be sold, to secure the district from any loss resulting from the failure of the bidder to comply with the terms of his or her bid.
9 Del. C. § 6802 — Delaware Code / Title 9 / Chapter 68 / Section 6802
§ Â
        6802. Statement of purposes.
Status: in_force

For the purpose of promoting the health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for land use, transportation, public facilities and utilities and public works expenditures in that portion of Sussex County which is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town, and as well as for the purpose of preventing the unnecessary duplication of facilities or utilities, the body to be known as the County Planning and Zoning Commission of Sussex County is created and the area over which this Commission shall have jurisdiction shall be known as the County Planning District.
9 Del. C. § 813 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 813
§ Â
        813. Submission of resolution to voters.
Status: in_force

The Kent County Levy Court shall submit the question of the approval or rejection of the resolution to the residents of the library district, 18 years of age or older, at a special referendum called for the purpose or to the residents, 18 years of age or older, of the County as a whole if the borrowing is for a countywide library.
9 Del. C. § 8426 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8426
§ Â
        8426. Annual settlement.
Status: in_force

(a) Each year the county governments shall make full, final and complete settlement with the receiver of taxes and county treasurer or director of finance, allowing to them all taxes which shall have been found impossible to collect by reason of errors in the assessment lists or otherwise, and not through their default, neglect or delay, which settlement shall be final and conclusive. No other allowance in any form or guise shall be made to the receiver of taxes and county treasurer or director of finance by the county governments.

(b) Such settlements in Kent County shall be made during the month of June.
9 Del. C. § 2314 — Delaware Code / Title 9 / Chapter 23 / Section 2314
§ Â
        2314. Sale of bonds; opinion of County Attorney.
Status: in_force

(a) The County Council may reject any and all bids, but in awarding the sale of the bonds, or any of them, they shall be sold to the person, persons, firm or corporation which, in the judgment of the County Council, offers the most advantageous terms.

(b) The bonds shall not be offered for sale until the County Attorney has submitted the County Attorney’s opinion in writing that the bonds will, when duly sold, executed, delivered and paid for, be validly issued in accordance with the provisions of this chapter.
9 Del. C. § 1128 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1128
§ Â
        1128. Local service functions; determining the New Castle County service percentage and credit percentage.
Status: repealed

(a) (1) [Repealed.]

(2) By July 1 of each year, New Castle County shall provide to each municipality the forms and instructions under paragraph (a)(3) of this section to submit the municipality’s request that New Castle County recognize the following:

a. The New Castle County service percentage for a local service function is less than 100% based on the municipality’s performance or partial performance of the local service function.

b. In the case of fire protection that a municipality does not provide directly, the municipality’s direct contribution of funds or in-kind contribution of goods and services to a volunteer fire company.

(3) New Castle County shall provide a copy of each of the following:

a. New Castle County’s budget for the current fiscal year.

b. A standardized form listing each local service function and the documentation necessary to support a request that New Castle County recognize the degree to which the municipality performs or financially supports a local service function instead of New Castle County.

c. Contact information for appropriate representatives that a municipality may contact to discuss relevant financial information of New Castle County and the municipality, and the scope and nature of services provided by both entities.

(b) (1) By September 1 of each year, a municipality shall submit its application and supporting documentation to New Castle County if the municipality is requesting that New Castle County recognize either of the following:

a. New Castle County service percentage less than 100% for any local service function based on the municipality’s degree of performance of the local service function.

b. In the case of fire protection that a municipality does not provide directly, the municipality’s contribution of funds or in-kind contributions of goods and services to a volunteer fire company.

(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 local service functions provided by the municipality.

(c) (1) By November 1 of each year, New Castle County shall notify each municipality of New Castle County’s determination regarding the New Castle County service percentage for each local service function and the dollar amount of direct and in-kind donations that the County will recognize to calculate the individual fire protection rate. A disagreement regarding New Castle County’s determination under this paragraph (c)(1) is subject to negotiation between New Castle County and the municipality.

(2) [Repealed.]

(d) (1) a. By December 1 of each year, a municipality that is unable to reach agreement with New Castle County regarding the New Castle County service percentage for a local service function or individual fire protection tax rate under paragraph (c)(1) of this section may provide notice to New Castle County demanding arbitration that includes the municipality’s designated member of the arbitration panel under paragraph (d)(2) of this section. If the municipality does not provide such notice by by December 1, New Castle County’s determination is final and may not be appealed.

b. [Repealed.]

(2) If arbitration is demanded under paragraph (d)(1)a. of this section, an arbitration panel will be created which is comprised of 3 members, selected as follows:

a. The municipality’s designee.

b. By December 10, the County Executive shall designate a member.

c. By December 20, the arbitration panel designees of the County Executive and the municipality shall jointly select the third member. If the 2 arbitration panel designees cannot agree on the selection of the third member by December 20, the third arbitration panel member is the Chair of the New Castle County Financial Advisory Council or the Chair’s designee.

d. The arbitration panel may establish rules for the arbitration hearing, including information required to be produced by a party and deadlines for the submission of evidence.

(3) The arbitration hearing must occur by January 31. At the hearing, New Castle County and the municipality may present testimony, evidence, and oral argument as to the matters in dispute.

(4) [Repealed.]

(5) An arbitration panel shall issue its decision by February 15. An arbitration panel’s decision is binding and may not be appealed.

(e) Notwithstanding subsections (a) through (d) and (f) of this section, either of the following may occur:

(1) New Castle County and a municipality may enter into an agreement setting different terms or timing for negotiations, calculations, or approval of the New Castle County service percentages.

(2) New Castle County may determine New Castle County service percentages for a municipality that does not make a request in the manner required under this section. New Castle County’s determination under this paragraph (e)(2) is final, may not be appealed, and is not subject to arbitration under subsection (d) of this section.

(f) New Castle County shall adopt policies and procedures to implement this section.

(g) [Repealed.]
9 Del. C. § 8746 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8746
§ Â
        8746. Judgment for want of an affidavit of defense.
Status: in_force

In every case in which property of the defendant has been attached, and no affidavit is filed by the defendant, judgment on motion shall be entered in favor of the plaintiff and against the defendant for the amount shown to be due by the affidavit filed by the plaintiff together with the plaintiff’s costs.
9 Del. C. § 925 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 925
§ Â
        925. Finding to declare a dog dangerous; duties of owner [Transferred].
Status: in_force

Transferred to § 3076F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 3004 — Delaware Code / Title 9 / Chapter 30 / Section 3004
§ Â
        3004. Content of land subdivision regulations.
Status: in_force

Any regulations adopted and approved under this chapter shall include, but not be limited to, the following provisions:

(1) Varying procedures for insuring the processing of land subdivision plans, within a reasonable period of time, relative to the number of lots or parcels and the extent of improvements required;

(2) Procedures for insuring that the arrangement of the lots or parcels of land or improvements thereon shall conform to the existing zoning at the time of recordation and that streets, or rights-of-way, bordering or within subdivided land shall be of such widths and grades and in such locations as may be deemed necessary to accommodate prospective traffic, that adequate easements or rights-of-way shall be provided for drainage and utilities, that reservations of areas designed for their use as public grounds shall be of suitable size and location for their designated uses, that sufficient and suitable monuments shall be required, that land which might constitute a menace to safety, health or general welfare shall be made safe for the purpose for which it is subdivided, and that adequate provision for water supply is made;

(3) Procedures for encouraging and promoting flexibility and ingenuity in the layout and design of subdivisions and land development, and for encouraging practices which are in accordance with contemporary and evolving principles of site planning and development.
9 Del. C. § 8729 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8729
§ Â
        8729. 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 his or her 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 his or her 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, his or her legal representatives or assigns.
9 Del. C. § 557 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 557
§ Â
        557. Notice of election; contents of notice.
Status: in_force

Not less than 12 days prior to the date fixed for the election, the clerk of the peace shall cause to be mailed to each person on the voting list, at the address appearing on the list, a printed notice of the time and place of the election. The notice shall state that the purpose of the election is to determine whether a majority of the residents of the community is in favor of the issuance of bonds by the county government to cover the cost of the improvement or improvements contemplated. The notice shall also state the total amount of the proposed bond issue and a clear and concise description of the improvements contemplated together with the estimated cost of each improvement and the total cost of all improvements.
9 Del. C. § 8334 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8334
§ Â
        8334. Eligibility for valuation under ÂÂ 8330-8337 of this title [For application of section, see 83 Del. Laws, c. 384, Ââ3].
Status: repealed

Land is actively devoted to agricultural, horticultural or forest use and eligible for valuation, assessment, and taxation as provided in this section when it meets all of the following qualifications:

(1) The land use meets the criteria under § 8333 of this title.

(2) [Repealed.]

(3) The owner of the land submits an application for valuation under this section and the application meets all of the following:

a. Is submitted on or before February 1 of the year immediately preceding the tax year to the assessor of the taxing district in which the land is situated. If February 1 falls on a weekend day or legal holiday, then the application must be submitted on the next official business day.

b. Is submitted on the form prescribed by the State Farmland Evaluation Advisory Committee.

c. Includes evidence in writing that the land is used for agricultural use under § 8330 of this title, horticultural use under § 8331 of this title, or forest use under § 8332 of this title.
9 Del. C. § 1135 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1135
§ Â
        1135. Administration of the capital budget.
Status: in_force

The Chief Administrative Officer, under the supervision of the County Executive, shall be responsible for the administration of the capital budget as adopted by ordinance. The Chief Administrative Officer shall cause each office, department or board to take necessary action to provide for the prompt and efficient execution of the capital budget.
9 Del. C. § 1371 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1371
§ Â
        1371. Office of Finance; functions.
Status: in_force

The Office of Finance, managed by the Chief Financial Officer, who shall be qualified for the position by education, training and experience, may perform the following functions:

(1) Prepare tax rolls and bills, including those required by any municipality, school district, or special district lying within or partially within the County if so authorized by law or such districts;

(2) Collect all taxes, license and permit fees, and other moneys that may be due to or receivable by the County, or any of its offices, departments or boards, provided that the Chief Financial Officer may, by rule, authorize the receipt of moneys directly by offices, departments, or boards, or may assign employees of departments to make such collections;

(3) Collect, when directed or authorized by law, all taxes, license and permit fees, and other moneys that may be receivable by the State, or by any public office, department or board not subject to the provisions of this title;

(4) Institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law;

(5) Issue appropriate bills, assist in the issuance and servicing of indebtedness in connection with assessable improvements, and be responsible for the collection, custody, and payment of all moneys in connection therewith;

(6) Issue receipts for moneys collected by the Office;

(7) Maintain the treasury of the County, and deposit the moneys belonging thereto or in the custody thereof in any depository bank, to the credit of the County;

(8) Designate, with the approval of the Clerk of the County Council, the bank or banks to be used as County depositories and require them to fulfill all conditions prescribed by law or ordinance;

(9) Invest funds deemed by the Chief Financial Officer available for temporary investment in such obligations or in such manner as the County Executive may authorize;

(10) Assist in the issuance of all general and special bonds or other evidence of indebtedness of the County and service such debt in accordance with law and terms of indentures relating thereto;

(11) Make disbursements and payments of claims that it finds to be in correct amount, and justly due, and in accordance with prior authorizations adopted under the terms of the title or other state law;

(12) Prepare payrolls and supervise the preparation of related documents;

(13) Prepare and issue all checks;

(14) Keep accurate and complete accounts of all receipts and disbursements;

(15) Provide information pertaining to the financial affairs of the County;

(16) Assess all property subject to taxation by the County and maintain appropriate records;

(17) Prepare tax rolls, including those required by any municipality, school district, or special district lying within or partially with the County if authorized by law or such districts;

(18) Prepare the necessary assessment rolls of assessable public improvements;

(19) Perform such other functions as may be required of the Chief Financial Officer by this title, or other state law, or which may be assigned in writing by the County Executive.
9 Del. C. § 710 — Delaware Code / Title 9 / Chapter 7 / Subchapter II / Section 710
§ Â
        710. Petition to form district.
Status: in_force

In organizing any park district under this chapter not less than 100 legal voters resident within the limits of such proposed park district may petition the county government to cause the question to be submitted to the legal voters of such proposed park district whether they will organize as a park district. Such petition shall clearly describe the territory intended to be embraced in such district and the name of such proposed district.
9 Del. C. § 4505 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4505
§ Â
        4505. Authorized signatures on bonds; validity of issuance.
Status: in_force

(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the County.

(b) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the planning, acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the water system for which the bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
9 Del. C. § 4125 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4125
§ Â
        4125. Board of Assessment Review.
Status: in_force

(a) Levy Court, by ordinance, shall establish a Board of Assessment Review. The Board of Assessment Review shall consist of 7 members. The Levy Court shall appoint one member from each of the Levy Court Districts. The term and residency requirements of each member shall be determined by Levy Court. Levy Court shall provide compensation for members and for the chairperson in amounts established by Levy Court in the county annual operating budget ordinance. Furthermore, Levy Court shall provide for the filling of vacancies on the Board of Assessment Review.

(b) The Board of Assessment Review shall perform all functions as established by Levy Court through ordinance and as otherwise provided in this title.
9 Del. C. § 576 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 576
§ Â
        576. Bill for annual installment of assessment; mailing.
Status: in_force

The receiver of taxes and county treasurer shall annually, on the date of the sending of the written notice prescribed by § 573 of this title, mail to each freeholder in the suburban community a bill for the proportionate annual amount of the special assessment or levy.
9 Del. C. § 8108 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8108
§ Â
        8108. Railroad property.
Status: in_force

(a) All the real estate of railroad corporations within this State, excepting such real estate of such corporations as shall be included within the limits of the rights-of-way or roadbeds of their respective lines of railroads, shall be subject to taxation and assessment for county and municipal purposes in the same manner as other like property of individuals is subject thereto for like purposes, any provisions of any existing law or laws to the contrary notwithstanding.

(b) Any building erected in whole or in part within the limits of any such right-of-way or roadbed shall not, by reason of the exception made in this section, be exempted from assessment and taxation, although the land, upon which such building shall be wholly or in part located, is by this section expressly exempted therefrom.
9 Del. C. § 6707 — Delaware Code / Title 9 / Chapter 67 / Section 6707
§ Â
        6707. Authorization of covenants in bonds.
Status: in_force

(a) In the event that the County issues revenue bonds, the ordinance or resolution authorizing the issuance of such bonds may contain covenants as to:

(1) The purpose to which the proceeds of sale of the bonds may be applied and the use and disposition thereof;

(2) The use and disposition of the revenue of the sewerage or water systems, the revenues of which are pledged to the payment of such bonds, including the creation and maintenance of reserves;

(3) The issuance of other or additional bonds payable from the revenues of such sewerage or water systems;

(4) The operation and maintenance of such sewerage or water systems;

(5) The insurance to be carried thereon and the use and disposition of insurance moneys;

(6) Books of account and the inspection and audit thereof; and

(7) The terms and conditions upon which the holders of the bonds, or any proportion of them, or any trustee therefor, shall be entitled to the appointment of a receiver by the appropriate court, which court shall have jurisdiction in such proceedings, and which receiver may enter and take possession of the sewerage or water systems, operate and maintain them, prescribe service charges therefor, and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the County itself might do.

(b) The provisions of this chapter and any such ordinances or resolutions shall be a contract with the holder of the bonds, and the duties of the County and of the county government and officers under this chapter, and any such ordinances or resolutions shall be enforceable by any bondholder by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction.
9 Del. C. § 907 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 907
§ Â
        907. Rules and regulations [Transferred].
Status: in_force

Transferred to § 3047F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 2507 — Delaware Code / Title 9 / Chapter 25 / Section 2507
§ Â
        2507. Inspections and certifications of compliance.
Status: in_force

Inspections required under the provisions, rules and regulations adopted by the County Council shall be made by the Department of Land Use. In the case of the inspection of elevators, fuel oil equipment or electric wiring, the Department of Land Use may accept reports of inspectors of casualty companies or of other recognized inspection services after investigation of their qualifications and reliability. Certifications required under the provisions, rules and regulations adopted by the County Council shall be in writing and certified over the signature of the person verifying that the provisions of the New Castle County Building Code are complied with and that there are no unsafe conditions.
9 Del. C. § 4952 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4952
§ Â
        4952. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Area” or “area of jurisdiction” means the total area qualifying under the provisions of this subchapter, being all unincorporated lands within a county.

(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. Whenever in this subchapter land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and county land use regulations enacted to implement the other elements of the adopted comprehensive plan.

(3) “Coordination” as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose.

(4) “County” means Kent County.

(5) “Developer” means any person, including a governmental agency, undertaking any development as defined in this subchapter.

(6) “Development” means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions.

(7) “Development order” means any order granting, denying or granting with conditions an application for a development permit.

(8) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land.

(9) “Governing body” means the chief governing body of county government, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein.

(10) “Governmental agency” means:

a. The United States or any department, commission, agency or other instrumentality thereof.

b. This State or any department, commission, agency or other instrumentality thereof.

c. Any local government, as defined in this section, or any department, commission, agency or other instrumentality thereof.

d. Any school board or other special district, authority or governmental entity.

(11) “Land” means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land.

(12) “Land development regulation commission” means a commission designated by a county government to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency.

(13) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any county government zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land.

(14) “Land use” means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan.

(15) “Local government” means any municipality.

(16) “Local planning agency” means the agency designated to prepare the comprehensive plan required by this subchapter.

(17) A “newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising.

(18) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(19) “Person” means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity.

(20) “Public facilities” means major capital improvements over which the County has jurisdiction.

(21) “Public notice” or “due public notice” as used in connection with the phrase “public hearing,” “hearing to be held after due public notice” or “public meeting” means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area.
9 Del. C. § 9117 — Delaware Code / Title 9 / Chapter 91 / Section 9117
§ Â
        9117. Satisfaction of bonds.
Status: in_force

The bonds filed and recorded in the offices of the recorders of deeds in this State shall at the time designated in § 9116 of this title be marked by the recorder “cancelled” and under the word “cancelled” the recorder shall sign his or her name as recorder and shall affix the official seal of his or her office. The bond filed and recorded in the offices of the prothonotaries of the Superior Courts in this State shall at the time designated in § 9116 of this title be marked by the prothonotary “cancelled” and under the word “cancelled” the prothonotary shall sign his or her name as prothonotary and shall affix the official seal of his or her office, and the original bonds shall be returned to the obligors, or if they are dead, to their legal representatives.
9 Del. C. § 563 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 563
§ Â
        563. Preparation, form and execution of bonds.
Status: in_force

The county government shall direct and effect the preparation and printing of the bonds authorized by this subchapter, shall determine whether such bonds shall be registered or bearer with coupons convertible into fully registered bonds and shall prescribe the form of the bonds and, in the case of bearer bonds with coupons, the form of the coupons for the payment of interest thereto attached. The bonds shall state the conditions under which they are issued. The face amount of the bonds and, in the case of bearer bonds with coupons, the coupons thereto attached shall be payable at such place or places as shall be designated by the county government. The bonds shall be signed in the manner prescribed by the county government.
9 Del. C. § 505 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 505
§ Â
        505. Determination by county government after receipt of survey and plot.
Status: in_force

Within 15 days after receipt by the county government of the survey and plot required by § 504 of this title, the county government shall meet and determine whether the community is a suburban community within the meaning of § 501 of this title.
9 Del. C. § 6107 — Delaware Code / Title 9 / Chapter 61 / Section 6107
§ Â
        6107. Cities and towns; aid for maintenance of public dumping areas.
Status: in_force

The county government of Sussex County may negotiate with the proper authorities of the various cities and towns, and with private individuals or contractors within the County as to the establishment of public dumping areas open to the use of the general public, and further the said county government may expend such sums as it deems necessary as cost to the County in the purchase of land for said disposal or in the various contracts with the towns, cities and private individuals or contractors. The county government of Sussex County may tax the general public of Sussex County annually to defray the cost and expenses of the public dumping areas.
9 Del. C. § 305 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 305
§ Â
        305. Capitation tax.
Status: in_force

(a) (1) The government of Kent County annually at a meeting held during the month of April may fix and determine the amount of the capitation tax which the Board of Assessment may assess for the following year.

(2) The government of Sussex County annually at a meeting held during the month of February shall fix and determine the amount of capitation tax which the Board of Assessment shall assess for the following year.

(b) (1) In Kent County such capitation tax if so fixed and determined shall in no case exceed the sum of $5.00 and shall be uniform throughout the County if levied and assessed.

(2) In Sussex County such capitation tax if so fixed and determined shall in no case exceed the sum of $10 and shall be uniform throughout the County if levied and assessed.

(c) Such capitation tax shall be levied upon each citizen of 21 years or older, residing in the county.

(d) In New Castle County no capitation tax shall be levied or collected.
9 Del. C. § 3210 — Delaware Code / Title 9 / Chapter 32 / Section 3210
§ Â
        3210. Ordinance authorizing bonds.
Status: in_force

(a) Mandatory provisions. — In order to implement the authority conferred upon it by this chapter to issue bonds, County Council shall adopt an ordinance that:

(1) Specifies and describes the proposed undertaking and states that it has complied with § 3206 of this title;

(2) Specifies the maximum rate or rates of interest the bonds are to bear.

(b) Additional provisions. — The resolution described in § 3207 of this title may itself specify and prescribe, or may authorize its chief financial officer or its county executive to specify and prescribe any of the following as it deems appropriate to effect the financing of the proposed undertaking:

(1) The actual principal amount of the bonds to be issued;

(2) The actual rate or rates of interest the bonds are to bear;

(3) The manner in which and the terms upon which the bonds are to be sold;

(4) The manner in which and the times and places that the interest on the bonds is to be paid;

(5) The time or times that the bonds may be executed, issued and delivered;

(6) The form and tenor of the bonds and the denominations in which the bonds may be issued;

(7) The manner in which and the times and places that the principal of the bonds is to be paid, within the limitations set forth in this chapter;

(8) Provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates; or

(9) Such other provisions not inconsistent with this chapter as shall be determined by such legislative body to be necessary or desirable to effect the financing of the proposed undertaking.
9 Del. C. § 2213 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2213
§ Â
        2213. Water consumption statement and other information for Department.
Status: in_force

(a) Each municipality or public corporation, or other person, owning or operating any system of water distribution serving 3 or more parcels of real property in the County shall, from time to time after request therefor by the Department of Public Works, deliver to the Department of Public Works a statement showing the amount of water supplied to every such parcel of real property as shown by the records of the municipality or public corporation, or other person. The statements shall be delivered to the Department of Public Works within 10 days after request is made for them, and the Department of Public Works shall pay the reasonable cost of preparation and delivery of such statements.

(b) The occupant of every parcel of property the sewage from which is disposed of or treated by any sewerage system of the County shall, upon request therefor by the Department of Public Works, furnish to the Department of Public Works information as to the amount of water consumed by such occupant or in connection with such parcel and the number and kind of water outlets, and plumbing or sewerage fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
9 Del. C. § Â§1371E — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section Â§1371E
§ Â
        Â1371E. General provisions relating to assessment.
Status: in_force

It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Board of Assessment Review, except for the functions specifically assigned to the Board of Assessment Review by § 1371B of this title.
9 Del. C. § 8312 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8312
§ Â
        8312. Notice that assessment may be inspected; appeals; notice of decision; appeals to Superior Court.
Status: in_force

(a) Each board of assessment or Department or Office of Finance shall publish notices of the places and website if made available electronically, where the assessments may be inspected together with a notice of the time and place of the sittings to hear appeals and make additions or corrections to the assessments. The notices published by each board of assessment or Department or Office of Finance shall also state the time and place for filing written notices of appeal with each board of assessment or Department or Office of Finance as provided in § 8311 of this title. Such notice shall appear in at least 2 newspapers in the case of Kent and Sussex Counties and, in the case of New Castle County, in the newspaper with the highest general circulation published in New Castle County. Each board of assessment or Department or Office of Finance may use such other means as will best bring such notice to the attention of the parties or taxables interested.

(b) Each board of assessment or Department or Office of Finance shall sit and hear all appeals properly filed and shall permit the introduction of all relevant evidence, including the testimony of witnesses, presented by the appellant. Each board of assessment or Department or Office of Finance shall make and keep a record of all evidence presented at such appeal proceedings. Each board of assessment or Department or Office of Finance shall notify the appellant in writing, by registered mail, of its decision within 30 days of the date of its decision.

(c) Any person who, after properly filing an appeal before any board of assessment or Department or Office of Finance feels aggrieved by the decision of such body may, within 30 days by postmark date after receiving notice of its decision, appeal therefrom to the Superior Court of the county in which such person resides. The decision of each board of assessment or Department or Office of Finance shall be prima facie correct and the burden of proof shall be on the appellant to show that such body acted contrary to law, fraudulently, arbitrarily or capriciously. The appellant shall be heard on the record and proceedings of each board of assessment or Department or Office of Finance which shall be certified to the Court by such body within 20 days after service on such body of a notice of appeal. The Court may permit the appellant or each board of assessment or Department or Office of Finance to present any new or different evidence pertinent to the matter. The Court may affirm, reverse or modify the decision of such body and the decision of the Court shall be final. The Court at its discretion may also remand the matter to the board to clarify issues of fact or to make findings consistent with the Court’s decision.
9 Del. C. § 9413 — Delaware Code / Title 9 / Chapter 94 / Section 9413
§ Â
        9413. Marriage licenses.
Status: in_force

(a) The clerks of the peace in the respective counties shall dispense all marriage licenses directed by law to be issued by them. Blanks for all such licenses shall be furnished by the Department of Health and Social Services pursuant to the provisions of § 113 of Title 13. For such licenses the clerks of the peace shall demand and receive, for the use of the State, the fees prescribed by law.

(b) This section shall not apply to the clerk of the peace of New Castle County.
9 Del. C. § 8308 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8308
§ Â
        8308. Abandoned leaseholds.
Status: reserved

Where land has been taken on ground rent, and afterwards deserted, so that the lessor cannot obtain the rent, the value of houses and lots shall be estimated without reference to the rent reserved.
9 Del. C. § 927 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 927
§ Â
        927. Liability of owner for costs of impoundment [Transferred].
Status: in_force

Transferred to § 3078F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 2212 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2212
§ Â
        2212. Sewer lien docket.
Status: in_force

(a) (1) The County Council of New Castle County shall establish regulations and fees for the issuance of sewer permits required in § 2216 of this title. Upon issuance of the sewer permit, the fees for such permits shall become liens against the property for which the permit is issued. The lien for sewer permits and the lien for sewer service shall be superior and paramount to the interest in such parcel of any owner, lessee, tenant, mortgagee, or other person, except to the lien of taxes.

(2) The Department of Public Works shall issue the permits and collect the fees arising therefrom for the use of the County Council. The Department of Public Works shall, under supervision and direction of the County Council, prepare a docket to be known as the “New Castle County Sewer Lien Docket” in which shall be recorded the liens for sewer permits. The form of the Docket shall be established by the County Council. No sewer permit lien shall be valid unless duly recorded in the said Docket. All sewer permit liens duly recorded in the Docket shall continue in full force and effect until the liens have been satisfied by payment, and when such liens are satisfied by payment the Department of Public Works, acting under the supervision and direction of the County Council, shall satisfy of record the liens, entering thereon the date of final payment, and signing the Docket. The Department of Public Works, for the use of the County Council, shall receive a fee of $0.50 for each satisfaction so recorded.

(3) The County Council shall also establish the form in which the record of the sewer service liens shall be kept. Such records shall be in the custody of the Department of Public Works.

(b) All proceedings taken and all acts done prior to April 10, 1957, purporting to establish liens for sewer service and for front foot fees are legalized, validated and confirmed, notwithstanding any errors, omissions or irregularities in the act or the establishment of a sewer lien docket or other records relating thereto.
9 Del. C. § 4618 — Delaware Code / Title 9 / Chapter 46 / Section 4618
§ Â
        4618. Method of assessment.
Status: in_force

(a) The county government may determine to issue obligations of the County in such an amount as they may estimate to be sufficient to pay the entire cost of the improvement, but not in excess of the maximum amount proposed to be expended for the improvement, as stated in the notice of hearing, published pursuant to § 4604 of this title. In preparing the annual estimate of revenues and expenditures for the County on behalf of the district or extension thereof, the county government shall include, in addition to all costs of operation and maintenance for the next succeeding fiscal year, sums sufficient to pay the annual installments of principal and interest on obligations issued on behalf of the district or extension thereof. The county government shall thereupon annually levy a tax, unlimited as to rate or amount, upon the assessable property within the County in the amount of the estimate of expenditures. In making such levy the county government shall take into account the estimates of revenues, as set forth in the estimate so prepared, at a time to be fixed by it, and the amount of any assessments levied on behalf of the County, as hereafter provided and due and payable in the fiscal year for which the estimates are prepared.

(b) The county government shall, after a public hearing, establish an annual assessment roll for the county sewer district or extension thereof which shall be known as the “Sewer District Assessment Roll.” The annual assessments may be apportioned, by the county government, against the several lots and parcels of land in the district or extension thereof by 1 or more of the following methods:

(1) An assessment on the lots and parcels of land in the district or extension thereof in proportion as nearly as may be to the benefit which each parcel would derive from the improvement;

(2) If zones of assessment have been established and an allocation of the total estimated cost of the facilities has been made to the zones, the amount of the cost of the facilities so allocated to any such zone of assessment may be apportioned by an ad valorem assessment levied on all the lots and parcels of land within such zone;

(3) If zones of assessment have been established, as provided above, by assessment on the lots and parcels of land within such zone in proportion as nearly as may be to the benefit which each parcel will derive from the improvement.

(c) Notice of the public hearing shall state that the assessment roll has been completed and filed, and the time and place fixed for the public hearing. Notice of such public hearing shall be published in a newspaper, published within Kent County, and having a general circulation therein at least once, not less than 7 days immediately preceding the date of the public hearing. At the time and place specified, the county government shall meet and hear and consider any objections to the assessment roll, and may change or amend the same as it deems necessary or just, may affirm and adopt the same as originally proposed or as amended or changed, or the county government may prepare a new roll. No amended, changed, or new roll shall be adopted, unless the county government shall hold another hearing thereon, in the manner and upon the notice prescribed for the original hearing. The annual assessment shall be levied and collected at the same time as taxes levied for general county purposes. The County Treasurer shall keep a separate account of such moneys, and they shall be used only for the purpose of the district or extension thereof for which collected. The properties against which such assessments are levied, shall be liable for the payment of the assessments in the same manner as they are liable for other county taxes.
9 Del. C. § 554 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 554
§ Â
        554. Determination by county government after receipt of petition.
Status: in_force

Within 15 days after receipt by the county government of the petition provided for in § 553 of this title, the county government shall meet and determine whether the community is a suburban community within the meaning of § 551 of this title.
9 Del. C. § 2652 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2652
§ Â
        2652. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Area” or “area of jurisdiction” means the total area qualifying under the provisions of this subchapter, being all unincorporated lands within a county.

(2) “Comprehensive plan” or “comprehensive development plan” shall mean, from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. Wherever in this subchapter land use regulations are required to be in accordance with the comprehensive plan, such requirements shall mean only that such regulations must be in conformity with the applicable maps or map series of the comprehensive plan. Whenever in this subchapter land use orders, permits or zoning district changes are required to be in accordance with the comprehensive plan, such requirements shall mean only that such orders, permits and changes must be in conformity with the map or map series of the comprehensive plan and county land use regulations enacted to implement the other elements of the adopted comprehensive plan.

(3) “Coordination” as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose.

(4) “County” means New Castle.

(5) “Developer” means any person, including a governmental agency, undertaking any development as defined in this subchapter.

(6) “Development” means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions.

(7) “Development order” means any order granting, denying or granting with conditions an application for a development permit.

(8) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land.

(9) “Governing body” means the chief governing body of County Council, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein.

(10) “Governmental agency” means:

a. The United States or any department, commission, agency or other instrumentality thereof.

b. This State or any department, commission, agency or other instrumentality thereof.

c. Any local government, as defined in this section, or any department, commission, agency or other instrumentality thereof.

d. Any school board or other special district, authority or governmental entity.

(11) “Land” means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land.

(12) “Land development regulation commission” means a commission designated by a County Council to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and to report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency.

(13) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any County Council zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land.

(14) “Land use” means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan.

(15) “Local government” means any municipality.

(16) “Local planning agency” means the agency designated to prepare the comprehensive plan required by this subchapter.

(17) A “newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising.

(18) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(19) “Person” means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity.

(20) “Public facilities” means major capital improvements over which the County has jurisdiction.

(21) “Public notice” or “due public notice” as used in connection with the phrase “public hearing,” “hearing to be held after due public notice” or “public meeting” means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area.
9 Del. C. § 4956 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4956
§ Â
        4956. Required and optional elements of comprehensive plan; studies and surveys [Effective Nov. 15, 2026].
Status: in_force

(a) The comprehensive plan shall consist of materials in such descriptive form, either written or graphic, as may be appropriate to the prescription of principles, guidelines and standards for the orderly and balanced future economic, social, physical, environmental and fiscal development of the area.

(b) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planning process.

(c) A capital improvements plan covering at least a 5-year period shall be developed in accordance with the adoption of, and be consistent with, the comprehensive plan. The capital improvements plan shall be designed to consider the need for and the location of public facilities in order to encourage the efficient utilization of such facilities and set forth:

(1) Principles for construction, extension or increase in capacity of public facilities, as well as principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan.

(2) Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities and projected revenue sources to fund the facilities.

(3) Standards to ensure the availability of public facilities and the adequacy of those facilities.

(4) To the extent provisions of the capital improvements plan anticipate State financial assistance, involvement or cooperation, such provisions shall be developed in conjunction with the state capital improvement plan and annual capital budget.

(d) The capital improvements plan shall be reviewed on an annual basis and modified as necessary. Corrections, updates and modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the plan, or the date of construction of any facility enumerated in the capital improvements plan may be accomplished by ordinance and shall not be deemed to be amendments to the local comprehensive plan. All proposed improvements to public facilities shall be consistent with the capital improvements plan.

(e) Coordination of the comprehensive plan with the comprehensive plans of municipalities within the County, adjacent counties and applicable state regulations and policy shall be an objective of the comprehensive planning process. To that end, in the preparation of a comprehensive plan or element thereof, and in the comprehensive plan or element as adopted, the planning agency shall include a specific policy statement or coordinated mapping element indicating the relationship of the proposed development of the area to the comprehensive plans of municipalities within the County, adjacent counties and applicable state regulations and policy as the case may require. Such policy statement or coordinated mapping element shall specifically identify the coordination process undertaken and the official action taken by affected municipalities regarding the county comprehensive plan. Such statement or element shall also set forth the procedures to be followed to ensure continuing coordination with municipalities, regional agencies and the State. In addition, the comprehensive plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter.

(f) The comprehensive plan and its elements shall contain policy recommendations for the implementation of the plan and its elements.

(g) The comprehensive plan shall include:

(1) A future land use plan element designating proposed future general distribution, location and extent of the uses of land for such activities as residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities and other categories of the public and private uses of land. The plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. The proposed distribution, location and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies and measurable objectives. Each land use category shall be defined in terms of the types of uses included and standards for the density or intensity of use. The future land use plan shall be based upon surveys, studies and data regarding the area, including the amount of land required to accommodate anticipated growth, the projected population of the area, the character of undeveloped land, and the availability of public services. The future land use plan may designate areas for future planned development use involving combinations of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the comprehensive plan and this subchapter. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection. Population, demographic, environment, oil economic data and projections used to determine present conditions, future land use, and public facility requirements shall be developed in conjunction with the State and municipalities, and shall, as a minimum, be consistent with projections officially adopted by the Delaware Population Consortium. The sources and assumptions used to develop such projections shall be clearly identified.

(2) A mobility element which is consistent with the approved area-wide transportation plan and has been developed in conjunction with the Department of Transportation. The mobility element shall provide a balanced transportation system addressing the movement of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, rail facilities, terminals and related facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable transportation choices for future transportation needs. The mobility element shall be consistent with the State Implementation Plan (SIP) for air quality attainment.

(3) A water and sewer element correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, and wastewater disposal for the area. County government, in conjunction with the State, shall assess their current, as well as projected, water needs and sources. The element shall describe the problems and needs and the general facilities that will be required for solution of the problems and needs. The water and sewer element shall be developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and shall be consistent with approved area-wide wastewater treatment plans.ion, the comprehensive plan shall provide for coordination with state agencies regarding land use and development policies and shall provide for review and consideration by the Cabinet Committee on State Planning Issues at such times as required by this subchapter.

(f) The comprehensive plan and its elements shall contain policy recommendations for the implementation of the plan and its elements.

(g) The comprehensive plan shall include:

(1) a. A future land use plan element designating proposed future general distribution, location and extent of the uses of land for such activities as residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities and other categories of the public and private uses of land. The plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. The proposed distribution, location and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies and measurable objectives. Each land use category shall be defined in terms of the types of uses included and standards for the density or intensity of use. The future land use plan shall be based upon surveys, studies and data regarding the area, including the amount of land required to accommodate anticipated growth, the projected population of the area, the character of undeveloped land and the availability of public services. The future land use plan may designate areas for future planned development use involving combinations of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the comprehensive plan and this subchapter. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection. Population, demographic, environmental, and economic data and projections used to determine present conditions, future land use and public facility requirements shall be developed in conjunction with the State and municipalities, and shall, as a minimum, be consistent with projections officially adopted by the Delaware Population Consortium. The sources and assumptions used to develop such projections shall be clearly identified.

b. The future land use plan must reflect strategies which consider community resiliency and reduce the vulnerability of property, agriculture, infrastructure, and cultural and natural resources to the impacts of climate change, including sea level rise, changes in rainfall patterns, and extreme weather events. The strategies must be informed by the Delaware Climate Action Plan and implementation reports as amended and in consultation with the Office of State Planning and Coordination.

(2) A mobility element which is consistent with the approved Area-wide Transportation Plan and has been developed in conjunction with the Department of Transportation. The mobility element shall provide a balanced transportation system addressing the movement of people and goods while showing existing and proposed rights-of-way, sidewalks, bikeways, walking trails, rail facilities, terminals and related facilities. The mobility element shall include recommendations for land use regulations that promote a range of sustainable transportation choices and consider alternatives to auto-centric development patterns, including transit services, where applicable for future transportation needs. The mobility element shall be consistent with the State Implementation Plan (SIP) for air quality attainment and consider the designated evacuation routes as set forth by the appropriate state agencies.d needs and the general facilities that will be required for solution of the problems and needs. The water and sewer element shall be developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and shall be consistent with approved area-wide wastewater treatment plans.

(4) A conservation element for the conservation, use and protection of natural resources in the area and which results in the identification of these resources. At a minimum, the element shall consist of such natural area classifications as wetlands, wood uplands, habitat areas, geological areas, hydrological areas, floodplains, aquifer recharge areas, ocean beaches, soils and slopes. The land use map or map series contained in the future land use element shall generally identify and depict natural areas classifications, such as those enumerated in this section. The land uses identified on said maps shall be consistent with applicable state laws and regulations. Identification and depiction of the above shall be based on the best topographic maps and other information available from state and federal agencies or other sources that the County deems appropriate. The conservation element shall also consider areas most suited for agricultural uses, silvacultural uses and watershed protection. The conservation element shall be developed in consultation with and reviewed by the Department of Agriculture and the Department of Natural Resources and Environmental Control.

(5) A recreation and open space element indicating a comprehensive system of public and private sites for recreation including, but not limited to, nature preserves, parks and playgrounds, parkways, water bodies including beaches and public access to beaches, open spaces and other recreational facilities. A county recreation and open space plan is acceptable in lieu of a recreation and open space element. The recreation and open space element shall be consistent with the Comprehensive Land Use Plan. The element shall be developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control and shall reflect the State’s open space preservation and outdoor recreation planning activities.

(6) A housing element that is consistent with county housing plans, standards and principles. Such housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:

a. The provision of housing for existing residents and the anticipated growth of the area.

b. The elimination of substandard dwelling conditions.

c. The structural and aesthetic improvement of existing housing.

d. The provision of adequate sites for future housing, including housing for low-income and moderate-income families, group home facilities and foster care facilities, with supporting infrastructure and public facilities.

e. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation, rehabilitation or replacement.

f. The formulation of housing implementation programs.

g. Demonstrated coordination with the State Housing Authority including but not limited to guidelines to insure that sites for publicly assisted housing are located where adequate transportation opportunities, health and social services and other community services are available.

(7) An intergovernmental coordination element of the comprehensive plan shall demonstrate consideration of the particular effects of the plan, when adopted, upon the development of municipalities within the County, adjacent counties or on the applicable state regulations.t promote a range of sustainable transportation choices and consider alternatives to auto-centric development patterns, including transit services, where applicable for future transportation needs. The mobility element shall be consistent with the State Implementation Plan (SIP) for air quality attainment and consider the designated evacuation routes as set forth by the appropriate state agencies.

(3) A water and sewer element correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, and wastewater disposal for the area. County government, in conjunction with the State, shall assess their current, as well as projected, water needs and sources. The element shall describe the problems and needs and the general facilities that will be required for solution of the problems and needs. The water and sewer element shall be developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control. The water and sewer element shall include an assessment of fiscal considerations and shall be consistent with approved area-wide wastewater treatment Plans.

(4) A conservation element for the conservation, restoration where appropriate, use and protection of natural resources in the area and which results in the identification of these resources. At a minimum, the element shall consist of such natural area classifications as wetlands, forests, uplands, habitat areas, and wildlife corridors, geological areas, hydrological areas, floodplains, aquifer recharge areas, ocean beaches, soils and slopes. The land use map or map series contained in the future land use element shall generally identify and depict natural areas classifications, such as those enumerated in this section. The land uses identified on said maps shall be consistent with applicable state laws and regulations. Identification and depiction of the above shall be based on the best topographic maps and other information available from state and federal agencies or other sources that the County deems appropriate. The conservation element shall also consider areas most suited for agricultural uses, silvicultural uses and watershed protection. The conservation element shall be developed in consultation with and reviewed by the Department of Agriculture and the Department of Natural Resources and Environmental Control.

(5) A recreation and open space element indicating a comprehensive system of public and private sites for recreation including, but not limited to, nature preserves, parks and playgrounds, parkways, water bodies including beaches and public access to beaches, open spaces and other recreational facilities. A county recreation and open space plan is acceptable in lieu of a recreation and open space element. The recreation and open space element shall be consistent with the Comprehensive Land Use Plan. The element shall be developed in consultation with and reviewed by the Department of Natural Resources and Environmental Control and shall reflect the State’s open space preservation and outdoor recreation planning activities.

(6) A housing element that is consistent with county housing plans, standards and principles. Such housing plans shall be in accordance with state and federal rules and regulations and the housing plan or housing element of the comprehensive plan shall include the following:

a. The provision of housing for existing residents and the anticipated growth of the area. Anticipated growth scenarios must be in conformance with the strategies reflected in the future land use plan and encourage development of new housing growth away from areas vulnerable to inland and coastal flooding.

b. The elimination of substandard dwelling conditions.

c. The structural and aesthetic improvement of existing housing.

d. The provision of adequate sites for future housing, including housing for low-income and moderate-income families, group home facilities and foster care facilities, with supporting infrastructure and public facilities.

e. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation, rehabilitation or replacement.

f. The formulation of housing implementation programs.

g. Demonstrated coordination with the State Housing Authority including, but not limited to, guidelines to ensure that sites for publicly assisted housing are located where adequate transportation opportunities, health and social services and other community services are available.

(7) An intergovernmental coordination element of the comprehensive plan shall demonstrate consideration of the particular effects of the plan, when adopted, upon the development of municipalities within the County, adjacent counties or on the applicable state regulations.

(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open space locations and similar matters. To that end, such recommendations may be made available as aids and guides to developers in the future planning and development of land in the area.

(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical, archaeological, architectural or similar significance. The historical preservation element shall be developed in consultation with and reviewed by the Division of Historical and Cultural Affairs of the Department of State.

(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and personnel utilization within the area. The element may detail the type of commercial and industrial development sought while correlating the present and projected employment needs of the area to other elements of the plan and may set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include a general area redevelopment component consisting of plans, criteria and programs for community redevelopment, including reuse of housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities and other locations. The economic development element shall be developed in consultation with and reviewed by the Division of Small Business.re located where adequate transportation opportunities, health and social services and other community services are available.

(7) An intergovernmental coordination element of the comprehensive plan shall demonstrate consideration of the particular effects of the plan, when adopted, upon the development of municipalities within the County, adjacent counties or on the applicable state regulations.

(8) A recommended community design element to assist in the achievement of the objectives of the comprehensive plan which may consist of design recommendations for land subdivision, neighborhood development, neighborhood redevelopment, design of open space locations and similar matters. To that end, such recommendations may be made available as aids and guides to developers in the future planning and development of land in the area.

(9) An historical preservation element which sets out plans and programs for those structures or lands in the area having historical, archaeological, architectural or similar significance. The historical preservation element shall be developed in consultation with and reviewed by the Division of Historical and Cultural Affairs of the Department of State.

(10) An economic development element setting forth principles and guidelines for the commercial and industrial development, if any, and the employment and personnel utilization within the area. The element may detail the type of commercial and industrial development sought while correlating the present and projected employment needs of the area to other elements of the plan and may set forth methods by which a balanced and stable economic base will be pursued. The economic development element shall include a general area redevelopment component consisting of plans, criteria and programs for community redevelopment, including reuse of housing sites, business sites, industrial sites, central business districts, public building sites, recreational facilities and other locations. The economic development element shall be developed in consultation with and reviewed by the Division of Small Business.

(11) An educational element consistent with the plans of the local school districts which guide the construction and allocation of school facilities within the districts, if such plans exist. This element will be developed with input from the local school districts, the Department of Education, and the Office of State Planning and Coordination. The educational element shall include recommendations for promoting coordination between residential development and adequate school capacity and must take into account any adequate public facilities ordinance or other county code provisions related to school capacity.

(h) The comprehensive plan may include such other elements as may be peculiar to and/or necessary for the area concerned and as are added by the governing body upon the recommendation of the local planning agency.

(i) [Transferred to § 4957(a) of this title.]
9 Del. C. § 2655 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2655
§ Â
        2655. Local planning agency.
Status: in_force

(a) The governing body of each County Council shall designate and by ordinance establish a “local planning agency.” The governing body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare the comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such plan or element or portion thereof. The agency may be a local planning commission, the Department of Land Use of the County Council or other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided the composition of the council is fairly representative of all the governing bodies in the County.

(b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved.

(c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:

(1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing county procedures, or absent such procedures, shall be the responsibility of the local planning agency.

(2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan.

(3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.
9 Del. C. § 1126 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1126
§ Â
        1126. Local service functions; calculation of net county LSF cost and individual LSF tax rates.
Status: in_force

(a) New Castle County shall calculate the net county LSF cost for each local service function. The “net county LSF cost” equals the amount in the New Castle County budget for the local service function for the next fiscal year. The “net county LSF cost” is the amount of direct and indirect costs applicable to that local service function, and excludes service charges, grants, or other revenue or funds that New Castle County directly attributes or otherwise apportions to that local service function.

(b) Except as provided for fire protection under subsection (c) of this section, New Castle County shall convert the net county LSF cost for each local service function into a real property tax rate for each municipality and the unincorporated area by calculating each of the following for each municipality and the unincorporated area:

(1) The “share of New Castle County assessment”, which equals the taxable assessed value of all real property within a municipality or the unincorporated area divided by the aggregate taxable assessed value for all real property in the County.

(2) The “New Castle County service percentage” for a municipality, as determined under § 1102 of this title.

(3) The “weighted service share”, which equals a municipality’s or the unincorporated area’s share of New Castle County assessment multiplied by the municipality’s or the unincorporated area’s New Castle County service percentage.

(4) The “total weighted service amount”, which equals the sum of all weighted service shares.

(5) The “final service weight”, which equals a municipality’s or the unincorporated area’s weighted service share divided by the total weighted service amount.

(6) The “apportioned net LSF cost”, which equals the municipality’s or the unincorporated area’s final service weight multiplied by the net county LSF cost.

(7) The “individual LSF tax rate”, which equals the municipality’s or the unincorporated area’s apportioned net LSF cost divided by the taxable assessed value of all real property in the respective municipality or the unincorporated area, adjusted to reflect New Castle County’s estimated level of cash receipts.

(c) For fire protection that is partially financially supported but not directly provided by New Castle County and that is also partially financially supported but not directly provided by a municipality, New Castle County shall convert the net county LSF cost into a real property tax rate for each municipality and the unincorporated area that does not directly provide fire protection by calculating all of the following for each municipality and the unincorporated area:

(1) The “service area share”, which equals the taxable assessed value of real property within the municipality or the unincorporated area not directly providing fire protection divided by the sum of the taxable assessed value for all real property in the unincorporated area and all municipalities not directly providing fire protection.

(2) The “apportioned gross amount”, which equals the service area share multiplied by the net county LSF cost for fire protection.

(3) The “net New Castle County fire protection cost”, which is New Castle County’s contribution of funds or in-kind services to volunteer fire companies within New Castle County, increased by indirect costs applicable to fire protection and decreased by service charges, grants, or other revenue that New Castle County directly attributes or otherwise apportions to fire protection.

(4) The “credit percentage”, which equals the municipality’s actual direct contribution of funds or in-kind contributions of goods or services to a volunteer fire company in the previous year, divided by the municipality’s apportioned gross amount. The “credit percentage” may not exceed 100%. The “credit percentage” is 0% for the unincorporated area.

(5) The “New Castle County fire protection percentage”, which equals 100% minus the municipality’s credit percentage. The “New Castle County fire protection percentage” for the unincorporated area is 100%.

(6) The “weighted service share”, which equals the municipality’s or the unincorporated area’s service area share multiplied by the municipality’s or the unincorporated area’s New Castle County fire protection percentage.

(7) The “total weighted service amount”, which equals the sum of the weighted service shares.

(8) The “final service weight”, which equals the municipality’s or the unincorporated area’s weighted service share divided by the total weighted service amount.

(9) The “apportioned net LSF cost”, which equals the final service weight multiplied by the net county LSF cost for fire protection.

(10) The “individual fire protection tax rate” which equals the municipality’s or the unincorporated area’s apportioned net fire protection cost divided by the taxable assessed value of real property in the respective municipality or the unincorporated area, adjusted to reflect New Castle County’s estimated level of cash receipts.

(d) New Castle County shall adopt policies and procedures to implement this section.
9 Del. C. § 5405 — Delaware Code / Title 9 / Chapter 54 / Section 5405
§ Â
        5405. Application of bond proceeds.
Status: in_force

All proceeds received from any bonds issued and sold pursuant to this chapter shall be applied solely for:

(1) The cost of purchasing, leasing, condemning, or otherwise acquiring land or other property, or an interest in them, including finance charges and interest, in the designated TIF District or as necessary for rights-of-way or other easements to or from the TIF District;

(2) Demolition, debris removal, and disposal costs;

(3) Plans, specifications, studies, surveys, forecasts, and estimates of cost and revenues;

(4) Relocation of businesses or residents;

(5) Installation of utilities, construction of parks, playgrounds, recreational areas, establishment of open areas, and other improvements, including streets, roads, signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and other facilities;

(6) Maintenance of utilities, parks, playgrounds, recreational areas, open areas, and other improvements, including streets, roads, signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and other facilities;

(7) Construction or rehabilitation of buildings, except schools;

(8) Remediation of property, except schools;

(9) Reserves or capitalized interest;

(10) Necessary costs of issuing bonds;

(11) Permissive costs of issuing and servicing bonds, which may include up to 0.5% of the bond issue as origination costs incurred by the County, and up to 2.0% of the bond debt service payments as administrative costs if administered by the County;

(12) Payment of the principal of, premium, if any, and interest on loans, money advanced, or any indebtedness incurred by the County for any of the purposes set out in this section, including the refunding of bonds previously issued under this chapter; and

(13) Any costs permitted under § 5501(3) of this title, and for any purposes described in § 5502(b)(2) of this title; provided, however, that the purpose described in § 5502(b)(2) of this title shall be with reference to the designated TIF District.
9 Del. C. § 8431 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8431
§ Â
        8431. Withholding of allowances to officers.
Status: in_force

The receiver of taxes and county treasurer or director of finance shall withhold payment of any allowances, made by the county government, in favor of any officer whose duty it is to collect or pay over to the State Treasurer any fine or forfeiture, until such officer shall produce a certificate from such Treasurer, that there is no charge against him or her on his or her official books.
9 Del. C. § 9605 — Delaware Code / Title 9 / Chapter 96 / Section 9605
§ Â
        9605. Recordation of instruments [For application of this section, see 85 Del. Laws, c. 137, Â 12].
Status: in_force

(a) Each recorder shall record, within a reasonable time, deeds, indentures, letters of attorney relating to land, mortgages, releases of lien of mortgages, leases, releases, assignments, conditional sales and leases of railroad and railway equipment and rolling stock, oaths of office, plots and descriptions, appointments of deputy registers of wills, certificates of commissioners and agreements of owners bounding and marking lands, petitions and orders for sheriffs’ deeds and all instruments authorized or directed by law to be recorded or lodged by the recorder of deeds. The recorder shall forthwith make a proper note of the same in the indices.

(b) (1) A recorder may not knowingly record or receive for filing any contract, mortgage, lease, deed or conveyance, or any other indenture or agreement affecting real property that contains any promise, covenant, or restriction that limits, restrains, prohibits, or otherwise provides against the sale, gift, transfer, assignment, conveyance, ownership, lease, rental, use, or occupancy of real property to or by any person because of race, color, creed, religion, sex, sexual orientation, gender identity, disability, age, marital status, familial status, source of income, national origin, ancestry, housing status, or any other basis protected under Chapter 46 of Title 6. For purposes of this paragraph (b)(1):

a. “Housing status” means as defined in § 4602 of Title 6.

b. “Protective hairstyle” includes braids, locks, and twists.

c. “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(2) Paragraph (b)(1) of this section does not prohibit a recorder from recording or receiving for filing any contract, mortgage, lease, deed or conveyance, or any other indenture or agreement affecting real property that contains a provision that is permitted by the exceptions to the Delaware Fair Housing Act under §§ 4603A and 4607 of Title 6.

(c) For the purpose of this chapter and this section, any reference in any section of this chapter to the recordation of any document or instrument in books or volumes shall not prohibit the recorder from causing the instrument to be preserved for examination or reproduction by means of any archival filming or storage process approved by the Delaware State Archivist and Records Administrator. The recorder shall be authorized to determine which records shall be available in book form or only in photographic or electronic form.

(d) No recorder shall accept for recording any deed or other instrument purporting to convey title to real estate unless and until the Recorder has first received an affidavit of residence and gain in the form in subsection (e) of this section; provided however, that the Recorder may accept for recording any such deed or other such instrument purporting to convey title to real estate without first receiving such an affidavit of residence and gain if the transaction or instrument is one of those transactions or instruments exempted from the definition of “document” for the purposes of imposition of the realty transfer tax in § 5401(1) of Title 30. The Recorder of New Castle County may delegate this duty to another county department with the consent of the County Executive.

(e) The form to be used in making such affidavit of residence and gain shall be separately made available by each recorder and such form shall require information and authorization from, by or on behalf of the seller, to the extent such information is known to the person making the affidavit; provided however, that if the seller is a Delaware resident or a corporation domiciled in Delaware, it shall be necessary only to so state on the affidavit of residence and gain or any other affidavit provided by the recorder for this purpose:

(1) An adequate description of the seller, including name, residence, address, taxpayer identification number and principal place of business as appropriate.

(2) Whether or not the seller is a nonresident individual, nonresident estate, nonresident trust or nonresident partner, as such terms are defined in Chapter 11 of Title 30, or, if the seller is a corporation, whether or not it is a foreign corporation.

(3) The actual consideration received by the seller and whether or not the seller had a gain on the sale of real estate to which title is purporting to be conveyed.

(4) Within such affidavit the seller shall also authorize the Division of Revenue or such other appropriate state agency as may be designated to obtain any appropriate or necessary federal income tax forms, including their attached schedules or other attachments, and any other related papers filed by such seller which relate solely to the said real estate to which title is purported to be conveyed by the deed or instrument being recorded.

(f) The recorder shall not accept for recordation any deed or other instrument affecting real property unless the deed or other instrument contains thereon in a conspicuous place the county tax assessment parcel identification number of the parcel or parcels affected. In all cases where the affected parcel was just created by subdivision, the number of the parcel which was subdivided shall be identified and the number of the newly created parcel or parcels shall be listed, if available. In cases where the affected parcel was just created by the combining of separate parcels, the number of the parcels that were combined shall be identified. The number or numbers of the newly created parcel or parcels shall be listed, if available.

(g) The recorder shall be authorized to issue regulations concerning the format and size of instruments to be accepted for recordation including, but not limited to the map scale, type size, paper size, margins and requirements for open areas within an instrument to assure that the document is in a form proper for micrographic or electronic reproduction. The recorder may require that, for any instrument presented that does not comply with the regulations or that is not otherwise in a form acceptable for micrographic reproduction, a typed statement be attached and made a part of the document stating the kind of instrument, the date, the parties to the instrument, a description of the property and any other pertinent data necessary to allow the instrument to be microfilmed.

(h) The recorder of deeds shall not accept for recordation any deed or other instrument affecting real property unless the deed or other instrument contains the words “prepared by” followed by the name and address of the person who drafted or prepared the deed or other instrument for recording. The information required by this subsection shall appear on the first page of the instrument to be recorded.

(i) The Recorder of Deeds for Kent County shall not accept for recording any deed or other instrument purporting to convey title to real estate until the recorder has received payment of all state and municipal realty transfer tax due on the transfer, with the exception of the City of Dover realty transfer tax; provided however, that any municipality which has imposed a realty transfer tax may continue to collect such tax upon written notification to the recorder of such election. The Recorder of Deeds for Kent County shall accept any Class C recordings for manufactured homes, but only if the Kent County government, by ordinance, first authorizes and defines Class C grading within Kent County.

(j) The county recorders of deeds shall not record military service discharge documents. The county recorders of deeds shall transfer all recorded military service discharge documents to the Department of Veterans Affairs, the State’s Repository pursuant to § 8804 of Title 29. The Department of Veterans Affairs shall maintain all certificates of release or discharge from active military service or similar discharge documents as defined.
9 Del. C. § 630 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 630
§ Â
        630. Election to approve suburban park community and authorize bond issue.
Status: in_force

(a) Upon the submission by said commission to the county government of plans, specifications and estimates covering said park or recreation area and improvements, the county government shall proceed to set a date for an election at which all legal voters resident in the community may vote, on the question whether the county government should proceed to issue bonds in the manner hereinafter provided, in an amount sufficient to finance the cost for the acquisition of such park or recreation area and of the improvements contemplated. Said election shall be held no less than 20 days and no more than 30 days after the submission of said plans and specifications and estimates to the county government.

(b) For the purpose of determining whether the persons offering to vote at such election possess the necessary qualifications, the officers conducting such election shall inquire of every person offering to vote, the person’s name, whether the person is a native born or naturalized citizen, the person’s place of residence and the length of time of the person’s residence in the proposed or existing suburban park community in which such election is being conducted, in the county in which such proposed or existing suburban park community is located and in the State.

(c) Every citizen who resides in the proposed suburban park community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the proposed suburban park community is a part, at a general election, if such general election were held on the day of such election in the proposed suburban park community, may vote at such election whether or not the citizen is at the time a registered voter.
9 Del. C. § 1374 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1374
§ Â
        1374. Obligations and rights of property owners.
Status: in_force

The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon a property owner prior to May 26, 1965, with respect to the assessment of any property or the payment of any tax nor shall it in any manner increase the responsibility of such property owner nor deny a property owner any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter.
9 Del. C. § 6501 — Delaware Code / Title 9 / Chapter 65 / Section 6501
§ Â
        6501. Establishment of sanitary sewer or water district.
Status: in_force

(a) 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 government of Sussex County as a sanitary sewer district.

(b) Whenever contiguous territory containing 1 or more centers of population, whether incorporated or not, shall be so situated that the construction of water mains, pipes and distribution facilities is economically feasible and conducive to the preservation of health, the territory shall be established by the county government as a water district. The county government may employ expert assistance in making a determination of economic feasibility and effect on health, but the determination of the county government as to economic feasibility and effect on health shall be conclusive and binding.
9 Del. C. § 4647 — Delaware Code / Title 9 / Chapter 46 / Section 4647
§ Â
        4647. Execution of bonds and notes.
Status: in_force

All bonds and notes shall be executed in the name of the County of Kent by such officials, including a financial officer, as may be designated by resolution of the county government, and shall be under the seal or a facsimile seal of the County and attested by the Clerk. Coupons attached to a bond shall be authenticated by the manual signature or the facsimile signature of the financial officer signing the bond.
9 Del. C. § 8344 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8344
§ Â
        8344. Requirement of written reports.
Status: in_force

Section 8319 of this title may be utilized by the respective boards of assessment and the departments of finance in connection with the annual and supplemental assessment procedures.
9 Del. C. § 9201 — Delaware Code / Title 9 / Chapter 92 / Section 9201
§ Â
        9201. Duties and responsibilities of officers appointing deputies and clerks.
Status: in_force

All deputies and clerks shall be under the control of the officer by whom they are selected and employed, who may discharge any such deputy or clerk at any time. The officer shall be responsible for all the official acts, neglects and defaults of all deputies and clerks that officer employs.
9 Del. C. § 4111 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4111
§ Â
        4111. Creation of debt; authorization, procedures, debt limitation and anticipation borrowing.
Status: in_force

(a) The Levy Court shall exercise all powers of Kent County in connection with the creation of debt, and shall have the power to authorize the issuance of bonds and notes of Kent County to finance the cost of any object, program or purpose for which Kent County, or any officer, department, board or agency thereof, is, by this title or by any other law, authorized to raise, appropriate or expend money, or for the implementation and performance of functions, programs and purposes specified in this title or in any other law applicable to Kent County; provided, however, that the Levy Court shall not have authority to create or to authorize the creating of any bonded indebtedness for any of the following purposes: The payment of any operating expenses; the payment of any judgment resulting from the failure of the County to pay any item of operating expense; or the payment for any equipment or any public improvements of a normal life of less than 3 years. The foregoing limitations shall not apply should the Levy Court unanimously declare the existence of an emergency due to public calamity.

(b) The powers conferred by this subchapter shall be in addition to and not in substitution for or in limitation of the powers conferred by any other law. Bonds and notes may be issued under this subchapter for any object or purpose for which Kent County is by this chapter or any other law authorized to raise or appropriate or expend money notwithstanding that any other law may provide for the issuance of bonds or notes for the same or like purposes and without regard to the requirements, restrictions or other provisions contained in any other law. Bonds and notes may be issued under this subchapter notwithstanding any debt or other limitation prescribed by any other law, and the mode and manner of procedure for the issuance of bonds and notes and the adoption of the ordinance authorizing issuance of the bonds or notes under this chapter need not conform to the provisions of any other law or any other provision of this chapter.

(c) Bonds and notes issued pursuant to this subchapter shall be authorized by ordinance of the Levy Court approved by not less than 5/7 of all of the members thereof. Each such ordinance shall state in brief and general terms the objects or purposes for which the debt is to be incurred and the maximum aggregate principal amount of debt to be incurred for each such object or purpose. Such ordinance, or a subsequent resolution of the Levy Court, shall specify, or may delegate authority to the County Administrator to determine, with respect to any bonds and notes; their date or dates; their maturity; the security therefor, if any, including a pledge of the County’s full faith and credit, federal or state grants or other revenues or property; provisions for either serial or term bonds; sinking fund or other reserve fund requirements, if any; provisions for redemption prior to maturity, if any, with or without premium; the interest rate or rates and any limitations with respect thereto or the manner of their determination; the times and place or places within or without this State for the payment of principal and interest; the method of execution; the form; provisions for the consolidation of debt authorized for several objects and purposes pursuant to 1 or more ordinances into 1 consolidated issue; provisions for the receipt and deposit or investment of any good faith deposit; provisions for the public or private sale of the debt instruments; and such other terms and conditions as the Levy Court may determine to be in the best interest of the County. Debt incurred by the County pursuant to this subchapter may be represented by uncertificated obligations of the County which may be applicable to bonds and notes which are permitted to be issued under this subchapter, and the Levy Court by resolution may determine, or it may delegate authority to the County Administrator to determine, all procedures appropriate to the establishment of a system of issuing uncertificated debt.

(d) The Levy Court may pledge the full faith and credit of the County to secure the payment of the principal, interest and premium, if any, on any debt incurred pursuant to this subchapter and/or may pledge any other security therefor. With respect to any debt to which the County’s full faith and credit is pledged, the authorizing ordinance and the debt instruments issued shall contain the declaration that the principal, interest and premium, if any, are to be paid by ad valorem taxes on all real property subject to taxation by the County without limitation as to rate or amount and that the full faith and credit of the County are pledged for payment. The Levy Court shall annually levy and collect a tax ad valorem upon all property taxable by the County sufficient to pay the principal of and interest on each bond or note secured by the County’s pledge of its full faith and credit as such principal and interest become due; provided, however, such tax may be reduced by the amount of other moneys appropriated and actually available for such purpose or provided for by local or special assessments or local service taxes.

(e) The outstanding general obligation bonded indebtedness of Kent County secured by the full faith and credit of the County may not exceed 12 percent of the assessed valuation of all real property subject to taxation within the County. The outstanding bonded indebtedness of the County not secured by the County’s full faith and credit is without limitation as to amount.

(f) The proceeds from the sale of bonds and notes issued under this subchapter shall be used only for the object or purpose or objects or purposes specified in the ordinance authorizing such bonds or notes for the payment of the principal of and interest on temporary loans made in anticipation of the sale of such bonds or notes. If for any reason any part of such proceeds are not applied to or are not necessary for such purposes, such unexpended part of such proceeds shall be applied to the payment of the principal of or interest on such bonds or notes no later than the earliest date on which such bonds or notes may be called for redemption without premium.

(g) All bonds, notes or other evidences of indebtedness issued pursuant to this subchapter shall recite that they are issued for a purpose or purposes as specified in the authorizing ordinance or resolution and that they are issued pursuant to the terms of the Constitution and laws of this State and the County. Upon the sale and delivery of any such bonds, notes or other evidences of indebtedness against payment, such recitals shall be conclusive as to the right, power and authority of the County to issue the same and of the legality, validity and enforceability of the obligation of the County to pay principal of and interest on the same. In case any County official whose signature or a facsimile thereof shall appear on any such bonds, notes or other evidences of indebtedness shall cease to be such officer before the delivery of such obligation, or in case the seal of the County which appears on any such obligation shall change before the delivery of such obligation, such signature, seal or facsimile thereof shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office and as if such seal had not changed. The legality, validity and enforceability of such bonds, notes or other evidences of indebtedness shall never be questioned in any court of law or equity by the County or any person after the issuance, execution and delivery against payment for the same. All such bonds, notes and other evidences of indebtedness are hereby declared to have all the qualities and incidents of negotiable instruments under the Commercial Code of this State.

(h) Notwithstanding any limitations herein to the contrary, the Levy Court may borrow in the anticipation of the collection of taxes or other revenues budgeted for any purposes for which taxes are levied.
9 Del. C. § 6961 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6961
§ Â
        6961. Information from state and local agencies and school districts.
Status: in_force

(a) All subdivision plans approved by the county government shall be filed with the Office of the Recorder of Deeds, and with such other state and local agencies as the County may by ordinance require.

(b) As part of its review of a rezoning or subdivision application, the county government through its designated local planning agency shall request and review information from all state and local agencies and local school districts identified on a list prepared by the County and shall file as part of the record any written information provided by such state and local agencies or local school districts with respect to the rezoning or subdivision application. If the planning agency makes recommendations that are in conflict with the information supplied by state and local agencies or local school districts, it must explain its reasons for doing so in writing.

(c) Any state or local agency or local school district which delivers to the head of county government a written request that it be notified of rezoning and subdivision applications shall be included on the County’s list of agencies and school districts from which information shall be requested and reviewed in accordance with subsection (b) of this section.

(d) This section shall only apply to residential development and only upon an action by Sussex County Council adopting this section. Prior to recording a major record subdivision plan, as defined by Sussex County, Sussex County may require that the applicant provide certification from the Secretary of the Department of Education after consultation with the superintendent of the appropriate individual school district that the school district has adequate capacity for the proposed development.

(1) If so requested, the Secretary shall respond to any request for certification or voluntary school assessments within 60-days’ receipt of a completed request for such certification. That certification shall include the following information:

a. Existing classrooms and service levels based upon the Delaware Department of Education Delaware School Construction Manual, September 19, 1996, as may be amended or supplemented from time to time, or based upon other standards accepted as current by the Secretary of the Department of Education.

b. Capacity calculations, which shall include the current student population, increased demand resulting from prior certifications from the Department of Education, and the increased demand that will result from the proposed development. The County shall within 20 days provide the Department of Education with all necessary information regarding the number and type of dwelling units proposed and other information which the Secretary may request.

(2) Notwithstanding the foregoing provisions of this subsection, no certificate of adequate school capacity shall be required where either: (i) the residential development is restricted by recorded covenants to provide housing or shelter predominantly for individuals 55 years of age or older pursuant to the federal Fair Housing Act (42 U.S.C § 3601 et seq.); (ii) the residential development is for “low-income housing,” which, for purposes of this section, shall be defined to mean any housing financed by a loan or mortgage that is insured or held by the Secretary of Housing and Urban Development or the Delaware State Housing Authority or which is developed by a nonprofit corporation certified under § 501(c)(3) of the United States Internal Revenue Code (26 U.S.C. § 501(c)(3)); or (iii) the applicant has pledged, in a writing recorded and running with the subject property, to pay a voluntary school assessment in an amount determined pursuant to § 103(c) of Title 14, for each lot for which the applicant would otherwise be required to obtain a certificate.

(3) Voluntary school assessments will be calculated on a per unit basis as of the time of the issuance of the first building permit, and the assessment shall remain constant throughout the development of the subdivision (and shall not be increased for any reason, including but not limited to any resubdivision); provided, however, that after 5 years the voluntary school assessment amount may be recalculated. Any voluntary school assessments paid under this subsection shall be paid to the Department of Education at the time that a certificate of occupancy is obtained for each unit, and shall be deposited by the Department into an interest-bearing account as set forth below. With the approval of the Secretary, after consultation with the superintendent of the affected school district, an applicant may receive a credit against voluntary assessments to be paid in an amount equal to the fair market value of any lands or properties set aside by the applicant and deeded to the school district for school uses. Any such lands shall not be used for nonschool purposes, other than as parkland or open space. All voluntary assessments paid shall be held in an interest-bearing account by the State for the school district in which the applicant’s project is located until such time as the school district engages in construction activities that increase school capacity, at which time such assessments shall be released to the school district by the State in the amount of the voluntary school assessments paid into an interest-bearing account for such district. It is the intent of this section that lands or properties required to be conveyed by the applicant to Sussex County as a condition to subdivision approval shall not be eligible to be used for purposes of obtaining a credit against the voluntary school assessment notwithstanding the fact that such lands or properties may subsequently be conveyed by the County to a school district.

(4) To the extent Sussex County has adopted (or in the future attempts to adopt) any regulations or ordinances linking or tying residential development to school capacity, or otherwise restricting residential development in the absence of school capacity, such regulations and ordinances are hereby preempted and of no force and effect.
9 Del. C. § 4523 — Delaware Code / Title 9 / Chapter 45 / Subchapter II / Section 4523
§ Â
        4523. 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 service charges sought to be collected were assessed, a copy of the bill or bills showing the amount of service charges due, and the property against which the service charges were assessed. The description of the property, as the same appears upon the assessment rolls of the county where the property is located, shall be a sufficient identification and description of the property. Thereupon the prothonotary shall make a record of the same on a special judgment docket of the Superior Court against the property mentioned or described in the praecipe which record shall consist of the following:

(1) The name of the person in whose name the assessment was made;

(2) The description of the property as the same shall appear upon the assessment rolls;

(3) The year or years for which the service charges are due and payable;

(4) The date of the filing of such praecipe;

(5) The amount of the judgment, the same being the amount set forth in the praecipe.

Such judgment shall be indexed in the judgment docket itself under the hundred in which the property is located as the location appears upon the assessment rolls so prepared, and under the hundred by communities where the name of the community appears upon the assessment rolls so prepared, and by referring to the page in the judgment docket whereon the record shall appear.

(c) Thereafter upon a praecipe for monition filed in the office of the prothonotary by the tax collecting authority, a monition shall be issued by the prothonotary to the sheriff of the county where the property is located, which monition shall briefly state the amount of the judgment for the service charges due and the years thereof, including accrued penalty thereon, together with a brief description of the property upon which the service charges are a lien. A description of the property as it appears upon the assessment rolls shall be sufficient.
9 Del. C. § 6801 — Delaware Code / Title 9 / Chapter 68 / Section 6801
§ Â
        6801. Definitions.
Status: in_force

As used in this chapter, unless the same shall be inconsistent with the context:

(1) “Commission” means “County Planning and Zoning Commission of Sussex County” created by this chapter.

(2) “County Engineer” means “County Engineer of Sussex County.”

(3) “County government” means “the county governing body of Sussex County.”

(4) “District” means “corporate boundaries of Sussex County including municipalities which choose to be included in the planning and zoning district.”

(5) “Highway Department” means “Department of Transportation of the State of Delaware.”

(6) “Plan” means “comprehensive development plan of the district.”

(7) “Recorder’s office” means “Recorder of Deeds in and for Sussex County.”

(8) “Road” includes any “road,” “street,” “highway,” “freeway,” “parkway,” or other public thoroughfare.
9 Del. C. § 1404 — Delaware Code / Title 9 / Chapter 14 / Section 1404
§ Â
        1404. Annual audits and the audit committee.
Status: in_force

(a) The County Auditor shall oversee, coordinate, and monitor an annual audit of the accounts, books, and records of all offices, departments, and boards that reflect transactions involving financial activities and financial affairs of the County.

(b) The County Council shall establish or reconstitute as the facts and circumstances warrant, and appoint all members to, an Audit Committee which shall:

(1) Consist of 5 members all of whom possess the technical skills necessary to oversee the technical and complex financial reporting and audit process, and such members of the Committee will be appointed by County Council each for a term of 4 years, except that the terms of any reconstituted committee shall initially be established in a staggered manner so that 1 term expires after 2 years, 2 terms expire after 3 years, and 2 terms expire after 4 years. Appointment of members thereafter shall each be for a full 4-year term. When a vacancy occurs, the vacancy shall be filled for the balance of the unexpired term.

(2) Meet at least on a quarterly basis to consult with the County Auditor regarding:

a. The establishment of an audit schedule for the coming year,

b. The progress of ongoing audits,

c. Any necessary follow-ups to audits completed during the previous 12 months,

d. And any special needs expressed by the auditor or the Chief Financial Officer;

(3) Work throughout the year to assure the maximum coordination between and among the work of the County Auditor and the needs of the Chief Financial Officer, the County Council, and any external auditors who may have been employed under the authority of the County Auditor;

(4) Recommend to the County Council a salary schedule for the County Auditor.

(c) Annual audits may either be complete, or in such lesser degree as the County Auditor shall find acceptable to enable the County Auditor to express opinions concerning whether such transactions are in compliance with Generally Accepted Principals of Governmental Accounting as well as the appropriate ordinances, rules and regulations of the County Council, and other laws governing such transactions.

(d) Annual audits shall be completed, and a report thereupon produced, not later than the end of the sixth month following the completion of the fiscal year in which such transactions shall have occurred. Prior to the issuance of the audit report pursuant to this subsection, a final draft thereof shall be submitted to the audit committee for review and comment regarding factual content before it is released. The County Auditor shall make the final decision regarding all matters, facts, and opinions contained in the report.

(e) A final draft of the report shall be provided to the head of any affected office, department or board, the County Council President, the County Executive, the Chief Financial Officer, and the Audit Committee for review and comment regarding factual content before the report is finalized and released. Written responses must be received within 30 days from the date of the final draft and shall be included in the final report. Alternatively, a revised final report may be issued incorporating suggested and accepted corrections. The absence of response within 30 days will be noted in the final report.