9 Del. C. § 103 — Delaware Code / Title 9 / Chapter 1 / Section 103
§ Â
        103. Kent County boundaries.
Status: in_force

Kent County comprises that part of the State which is bounded as follows: On the north, by the southerly boundary line of New Castle County, as described in § 102 of this title; on the east, by the middle line of Delaware Bay from the point where the same is intersected by the southerly boundary line of New Castle County to a point in the middle line of the Bay nearest to the centre line of Mispillion River at the mouth thereof; on the south, by a line drawn by the shortest distance from the last mentioned point in the middle line of the Bay to the centre line of Mispillion River at the mouth thereof, thence up the Mispillion River the several courses thereof to a fork of the River, the point being marked by a large stone buried in the west side of a Mill Dam at the junction of Tan Trough Branch with Beaver Dam Branch (a small maple marked with 6 chops bears south 763/4 degrees west 8/10 of a perch from the stone, and a sweet gum on the east side of the Mill Dam marked with 6 chops bears south 443/4 degrees east 2.23 perches from the stone); and running thence up and with the middle of the run of the Tan Trough Branch the several meanderings thereof, the general trend of which Branch is in a southwesterly direction, about 874.7 perches to a stone monument (No. 1) set at the head of the Tan Trough Branch; thence running south 271/2 degrees west a distance of 480 perches to another stone monument (No. 3) set in the corner of the front yard attached to the dwelling owned and occupied by James L. Jump; thence running south 69 degrees and 50 minutes west a distance 299.1 perches to a point in the middle of the bridge over the division line ditch between the Counties of Kent and Sussex (the point is south 69 degrees and 50 minutes west 4/10 of a perch from a stone monument (No. 4) set on the east bank of the ditch in the north side of the public road); thence running down and with the middle of the run of the division line ditch the several meanderings thereof, the general trend of which ditch is in a southwesterly direction, a distance of about 500.5 perches to a point in the junction of this ditch with the ditch of the main branch of Nanticoke River; this same point bears south 86 degrees and 51 minutes east 2 perches from a stone monument (No. 5) set in the northeast side of the public road and in the next mentioned line; thence running north 86 degrees and 51 minutes west and at a distance of 2 perches passes stone monument (No. 5); thence crossing fields, swamps, striking across the middle of Marshy Hope Bridge in a diagonal direction the whole distance being 28701/4 perches to a stone monument (No. 14) set in the dividing line between the States of Maryland and Delaware, this being the terminus of the division line between the Counties of Kent and Sussex; and on the west by the State of Maryland.
9 Del. C. § 1137 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1137
§ Â
        1137. Encumbrance defined.
Status: in_force

For the purpose of this subchapter, the term “encumbrance” shall mean a commitment for expenditure of an appropriation evidenced by a valid purchase order, similar document or process for the acquisition of supplies, material, work or services.
9 Del. C. § 8617 — Delaware Code / Title 9 / Chapter 86 / Section 8617
§ Â
        8617. County warrants not acceptable for payment.
Status: in_force

No Receiver of Taxes and County Treasurer in Kent County shall accept county warrants of any form or kind in payment of taxes.
9 Del. C. § 2603 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2603
§ Â
        2603. Purposes of regulations.
Status: in_force

(a) Regulations adopted by the County Council, pursuant to the provisions of this subchapter, shall be in accordance with a comprehensive development plan adopted pursuant to this title, and shall be designated and adopted for the purpose of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of this State, including, among other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire and other dangers, providing adequate light and air, preventing on the 1 hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State’s agricultural and other industries, and the protection of both urban and nonurban development.

(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved, its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development.
9 Del. C. § 8428 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8428
§ Â
        8428. Custodian of county funds; duty to demand and receive moneys.
Status: in_force

The receiver of taxes and county treasurer or director of finance shall have the custody of the funds of his or her county and shall demand and receive all moneys which the government of his or her county may cause to be raised for the use of the county, whether by taxation, or by loan, or otherwise.
9 Del. C. § 301 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 301
§ Â
        301. Composition of county governments; change of terminology as to New Castle County.
Status: in_force

(a) There shall be a county government in Kent County which shall consist of not less than 3 members.

(b) The government of New Castle County shall be as provided in Chapter 11 of this title. Wherever the words “county government” are used in this title, the words “county council” should be substituted as to New Castle County except in §§ 1501 and 1521(b) of this title. Wherever the words “officials of the county governing body” are used in this title, the words “county councilperson” should be substituted as to New Castle County.

(c) The governing body of Kent and Sussex Counties, whether Levy Court, or County Council, unless otherwise indicated, shall be referred to in Part I of this title as “the county government.”
9 Del. C. § 2307 — Delaware Code / Title 9 / Chapter 23 / Section 2307
§ Â
        2307. Action of County Council following election favoring establishment of district.
Status: in_force

(a) If the majority of the voters are in favor of establishing the sanitary sewer district, the County Council shall within 30 days following the election, issue a determination to that effect which shall contain a description of the district. The County Council shall file a certified copy of the determination with the clerk of the peace.

(b) Within 30 days after the election, the County Council shall authorize the Department of Public Works and the County Attorney to procure the necessary land and rights-of-way by purchase, agreement, or by condemnation in accordance with existing laws, and shall authorize the Department of Public Works to prepare maps, plans, specifications and estimates for any or all structures required to provide for the installation of sewers, structures incidental thereto and the safe disposal of the sewage in the district and to let contracts for, supervise the construction and maintenance of, or the enlarging or remodeling of such structures, and to carry on such other activities as may be required by this chapter or considered necessary to perform the duties prescribed in this chapter.
9 Del. C. § 6914 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6914
§ Â
        6914. Board of Adjustment â Office and personnel.
Status: in_force

The county government shall furnish the Board of Adjustment with necessary office space and other facilities. Subject to the approval of the county government, the Board may employ such secretarial and technical assistants as may be required to perform its functions properly.
9 Del. C. § 3310 — Delaware Code / Title 9 / Chapter 33 / Section 3310
§ Â
        3310. Bonds issued are securities.
Status: in_force

Bonds issued under this chapter are securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, state banks and trust companies, national banking associations, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.
9 Del. C. § 2808 — Delaware Code / Title 9 / Chapter 28 / Section 2808
§ Â
        2808. Title of property.
Status: in_force

(a) Property in this State acquired by the County for the purpose of this chapter shall be held in the name of the “State of Delaware for the use of New Castle County.”

(b) Property outside of this State acquired by the County for the purposes of this chapter shall be held in the name of “The County Council of New Castle County, Delaware.”
9 Del. C. § 4926 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4926
§ Â
        4926. Notice to property owners of zoning changes.
Status: in_force

With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government shall notify the owner of the property and all adjacent property owners to the extent and in the manner the county by ordinance so provides as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change.

This act shall become effective for zoning changes initiated after July 13, 2000.
9 Del. C. § 9601 — Delaware Code / Title 9 / Chapter 96 / Section 9601
§ Â
        9601. Election; term of office.
Status: in_force

There shall be a recorder in each county who shall be elected at the general elections for a term of 4 years commencing on the first Tuesday in January next after his or her election.
9 Del. C. § 749 — Delaware Code / Title 9 / Chapter 7 / Subchapter III / Section 749
§ Â
        749. Duties of president.
Status: in_force

The president of any park district shall preside at all meetings of the board, and shall call special meetings thereof on the president’s own motion or on request of 2 or more of the members, and in case of a special meeting shall cause a notice to be given to all members as provided by the rule of said board. The president shall have the right to vote upon all questions coming before the board and shall be a member thereof.
9 Del. C. § 4616 — Delaware Code / Title 9 / Chapter 46 / Section 4616
§ Â
        4616. Increase and improvement of facilities.
Status: in_force

Whenever the county government shall determine it necessary to acquire additional lands or interests in lands or to acquire or to construct additional trunk, interceptor and outfall sewers, pumping stations, treatment and disposal works and appurtenances, lateral sewers or other facilities, or whenever the county government shall determine it necessary for the purpose of the operation and maintenance of such facilities to increase, improve and reconstruct the facilities thereof, including the acquisition of additional lands or interests in lands, it may cause the same to be accomplished without further authorization; provided, however, that if it is proposed to finance any part of the cost thereof by the issuance and sale of county obligations, such improvement shall not be undertaken unless authorized by proceedings taken in the same manner as the proceedings taken for the original establishment or extension of the district except that the sole determination which the county government shall make is whether such improvement is in the public interest, and, if zones of assessment have been established, said county government shall further determine the allocation of the cost thereof as between such zones.
9 Del. C. § 7104 — Delaware Code / Title 9 / Chapter 71 / Section 7104
§ Â
        7104. Removal of weeds, grasses, refuse, rubbish, trash, or other waste material.
Status: in_force

In accordance with § 7102 of this title, the Sussex County Council may promulgate ordinances, rules, and regulations regulating and governing excessive growth of weeds or grass, or the placement or accumulation of refuse, rubbish, trash, or other waste material upon property to prohibit the creation of a nuisance detrimental to adjoining properties or the health or safety of other persons.
9 Del. C. § 9616 — Delaware Code / Title 9 / Chapter 96 / Section 9616
§ Â
        9616. Neglect of duty; penalty.
Status: in_force

For the neglect of any duty prescribed in this chapter, in cases where no other penalty is prescribed, the recorder shall be fined not more than $50.
9 Del. C. § 4651 — Delaware Code / Title 9 / Chapter 46 / Section 4651
§ Â
        4651. Bonds and notes negotiable.
Status: in_force

All bonds and notes of the County issued pursuant to this law, whether payable to bearer or in fully registered form, shall be negotiable instruments.
9 Del. C. § 4513 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4513
§ Â
        4513. Water consumption statement and other information for county government or its designated agent.
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 county government or its designated agent, deliver to the county government or its designated agent a statement showing the amount of water supplied to every parcel of real property as shown by the records of the municipality or public corporation or other person. The statements shall be delivered to the county government or its designated agent within 10 days after request is made for them, and the county government or its designated agent shall pay the reasonable cost of preparation and delivery of such statements.

(b) The occupant of every parcel of property, the water for which is supplied by any water system of the County, shall, upon request therefor by the county government or its designated agent, furnish to the county government or its designated agent information as to the amount of water consumed by such occupant or in connection with such parcel and the number and kind of water outlets, and plumbing fixtures or facilities on or in connection with such parcel and the number of persons working or residing therein.
9 Del. C. § 2901 — Delaware Code / Title 9 / Chapter 29 / Section 2901
§ Â
        2901. Definitions.
Status: in_force

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

(1) “Administrative tribunal” shall mean a show cause hearing before the Code Official for New Castle County.

(2) “Building” shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. The word “building” shall be construed to include parts thereof and all equipment therein.

(3) “County Council” shall mean the County Council for New Castle County.

(4) “Department of Land Use” shall mean the New Castle County Department of Land Use.

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

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

(7) “Structure” shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
9 Del. C. § 2502 — Delaware Code / Title 9 / Chapter 25 / Section 2502
§ Â
        2502. Promulgation of building code.
Status: in_force

The County Council, in order to provide for the health and safety of the citizens of New Castle County, shall promulgate rules and regulations, to be known as the New Castle County Building Code, controlling, regulating and supervising persons engaged in construction activities and providing for matters concerning, affecting or relating to home improvement contracts and to the construction, use or occupancy, location and maintenance of buildings and structures located in New Castle County and the mechanical systems, fuel gas systems, plumbing systems, building sewer systems or similar systems, or components thereof, within or about such buildings and structures.
9 Del. C. § 1339 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1339
§ Â
        1339. Levy and collection of tax.
Status: in_force

(a) In order to carry out this chapter, the County Council of New Castle County may levy in any school district with respect to which school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and maintenance of school crossing guards employed within said school district.

(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other County taxes.
9 Del. C. § 1316 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1316
§ Â
        1316. Board of Building Standards.
Status: in_force

County Council, by ordinance, may provide for the establishment of a Board of Building Standards. The Board of Building Standards shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board shall be given the power to perform the following functions, or such portion of them as the County Council may determine:

(1) Advise the general manager of the Department of Land Use, upon request, about the interpretation of the building code or of any regulation relating to building safety and sanitation;

(2) Suggest regulations applying standards of good practice in the enforcement of statutes and ordinances dealing with building safety and sanitation;

(3) Upon request of the general manager of the Department of Land Use, review and issue a report regarding new and substitute materials proposed to be used in the building construction and upon new methods of construction;

(4) Consider any suggested changes in standards and regulations, new and substitute materials, or new methods of construction, either with or without holding public hearings, but before the Board shall recommend any change or modification of such standards and regulations, it shall hold a public hearing at which all interested parties may present their views. After such public hearing, the Board shall submit its findings and recommendations to the general manager of the Department of Land Use for approval, whereupon they shall become a part of the standards and regulations.
9 Del. C. § 4509 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4509
§ Â
        4509. Power to make charges; liability of users; computation of rates.
Status: in_force

(a) The county government may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service charges”) for direct or indirect connection with, or the use or services of, any water system. Such service charges may be charged to and collected from any person contracting for such connection or use or service or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been connected with a water system, or into which water from a water system may enter directly or indirectly, and the owner or occupant, or both of them, of any such real property shall be liable for and shall pay such service charges to the County at the time when and place where the county government, by ordinance, rule or regulation, determines that such charges are due and payable.

(b) Such service charges shall, as near as the county government deems practicable and equitable, be uniform throughout the area served by the water system, and may be based or computed either on the consumption of water on or in connection with the real property, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real property, or on the number and kind of plumbing fixtures or facilities on or in connection with the real property, or on the number of persons residing or working on or otherwise connected or identified with the real property, or on a front footage basis, or on other factors determining the type, class and amount of use or service of the water system, or on any combination of any such factors.
9 Del. C. § 529 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 529
§ Â
        529. Receipt and disposition of assessment payments; bond.
Status: in_force

(a) The receiver of taxes and county treasurer for the county in which the suburban community is situated shall receive payment of the proportionate annual amount of the special assessment or levy, and shall turn over to the county government all such moneys when received. The county government shall confer with the receiver of taxes and county treasurer and determine upon a satisfactory method for the setting up of books of account to be kept by the receiver of taxes and county treasurer concerning his or her collections of the proportionate annual amounts of the special assessment or levy.

(b) The county government may require the receiver of taxes and county treasurer to enter into a bond conditioned upon the faithful performance of his or her duties in the making of the collections of the special assessments or levies.
9 Del. C. § 2312 — Delaware Code / Title 9 / Chapter 23 / Section 2312
§ Â
        2312. Notice of sale of bonds.
Status: in_force

The County Council shall provide notice of its intent to sell bonds in at least 2 issues in 1 newspaper of general circulation published in New Castle County at least 10 days prior to the sale of the bonds. The notice shall state the total amount of the proposed issue, the interest rate, the purpose of the bonds and provide a county website where more information can be found.
9 Del. C. § 6306 — Delaware Code / Title 9 / Chapter 63 / Section 6306
§ Â
        6306. Records.
Status: in_force

(a) The Department of Finance shall keep a careful and comprehensive record of applications, permits issued, inspections made, reports rendered and of notices or orders issued.

(b) The Department of Finance shall retain on file copies of all permits issued.

(c) All records may be open to public inspection at the discretion of the Department of Finance, but shall not be removed from the office of the Department.
9 Del. C. § 8102 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8102
§ Â
        8102. Transfers of real property subject to county taxation [For application of this section, see 81 Del. Laws, c. 384, Â 3].
Status: in_force

(a) Notwithstanding any statute to the contrary, the county government of each county shall have the power by ordinance to impose and collect a tax, to be paid by the transferor or transferee as determined by the county, upon the transfer of real property within the unincorporated areas of the county; provided however, that any realty transfer tax which is imposed by any county government shall not be greater than 1½ percent of the value of the real property as represented by the document transferring the property; and further provided, that the county government shall exempt from such taxation “first-time home buyers”, as that term is defined in § 5401 of Title 30, up to at least the value of the property or $400,000 whichever is less and such county may by ordinance increase the exemption amount. Any revenues from a tax upon the transfer of real property derived from an ordinance hereinafter adopted by the government of Kent County pursuant to the provisions of this section shall first be dedicated for and applied to Kent County’s cost component of the Statewide Paramedic Funding Program as is more particularly set forth in § 9814 of Title 16.

(b) The provisions of §§ 5401 and 5403 of Title 30 shall apply with respect to any realty transfer tax imposed by a county government pursuant to the authority granted in this section.

(c) Any funds realized by a county pursuant to this section shall be segregated from the county’s general fund and the funds, and all interest thereon, shall be expended solely for the capital and operating costs of public safety services, economic development programs, public works services, capital projects and improvements, infrastructure projects and improvements, debt reduction, assessments of real property as provided for in § 8101 of this title, recreational amenities, workforce and affordable housing programs, and land preservation programs.
9 Del. C. § 1184 — Delaware Code / Title 9 / Chapter 11 / Subchapter V / Section 1184
§ Â
        1184. Public right of inspection of public records.
Status: in_force

(a) County records, the disclosure of which would invade a person’s right of privacy, hinder law enforcement, endanger the public safety, or breach a legally recognized duty of confidence, or the nondisclosure of which is legally privileged, or which have been prepared for or by the County Attorney for use in actions or proceedings to which the County is or may be a party, shall not be available for public inspection.

(b) Except as provided in this section, all other county records shall be open for public inspection, but the officer, department, board or commission, or other governmental agency of the County having the care and custody of such records, may make reasonable regulations governing the time, place and manner of their inspection, and for purposes of archival preservation, copies of county records may be substituted in lieu of original records.
9 Del. C. § 9611 — Delaware Code / Title 9 / Chapter 96 / Section 9611
§ Â
        9611. Recordation of instruments containing certificate of notarial act.
Status: in_force

(a) Any document presented to the recorder for recording which contains a certificate of a notarial act as defined by §§ 4316(5) and 4328 of Title 29 (existing or as amended), shall, in addition to other matters which may be required by law, identify the name and title of the notarial officer who executed the certificate in a legible manner which is suitable for micrographic or electronic reproduction.

(b) The use of a typewriter, printer or rubber stamp which when applied to the instrument produces the printed information required by subsection (a) of this section shall also be authorized.

(c) The recorder may refuse to record any document that contains a certificate of a notarial act which does not comply with subsection (a) of this section unless the person recording the instrument pays a penalty equal to the authorized recording fee for said document.

(d) The recording of any instrument which does not comply with subsection (a) of this section shall not affect its validity or admissibility as a public record.
9 Del. C. § 8316 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8316
§ Â
        8316. Assessment lists not to be altered by county governing body.
Status: in_force

The county governing body shall have no jurisdiction over, or supervision over, the assessment lists, nor shall it have power to change, alter or amend the same. The county governing body shall make no allowance to any person or corporation for or on account of any error in the assessment lists, or excessive assessment, but the assessment lists, as they shall be certified by the board of assessment of the counties, shall be deemed to be correct by the county governing body and shall be considered by it as final and conclusive.
9 Del. C. § 8343 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8343
§ Â
        8343. Appeal of supplemental assessment; penalties and interest.
Status: in_force

Within 30 days from the date on which notice of supplemental assessment is sent by the board of assessment or Department or Office of Finance the owner may appeal the supplemental assessment to the respective board of assessment or board of assessment review. The appeal shall be scheduled and heard by the board during its next regular appeal period as provided in this title. Pending determination of such appeal, the owner may: (1) pay the tax imposed by the supplemental assessment, and if on appeal the assessment is reduced, the owner shall be entitled to a refund of the taxes which the owner has overpaid plus interest thereon at the rate of 1% per month; or (2) not pay the tax imposed by the supplemental assessment, in which case penalties shall accrue at the rate of 1% per month on the amount of taxes computed in accordance with the determination of the appeal, and no action to collect the tax shall be taken until the appeal is determined. Such interest and penalties shall begin to accrue upon the expiration of 3 months from the date on which the unpaid tax became due and payable. Interest attributable to the overpayment of school taxes shall be paid by the school board of the districts entitled to receive such taxes.
9 Del. C. § 2511 — Delaware Code / Title 9 / Chapter 25 / Section 2511
§ Â
        2511. Use and maintenance of building or structure erected in violation of code.
Status: in_force

(a) No person shall maintain, occupy or use a building or structure or part thereof that has been constructed in violation of this chapter or of any of the provisions, rules or regulations delineated in the New Castle County Building Code as adopted by the County Council of New Castle County pursuant to the purpose of this chapter or constructed in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department or in violation of any order of the Department.

(b) A person who has constructed or is maintaining such a building or structure or constructed a mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, shall remove the building, structure or system or cause the same to be removed. If such person fails to do so, the Department of Land Use may remove such unlawful building, structure or system or cause the same to be removed or altered to comply with the law. Whatever expense shall be incurred in relation thereto shall be paid by the Office of Finance out of the moneys in the Treasury; and the owner or owners shall be jointly and severally liable to New Castle County for the full amount so expended. New Castle County may maintain an action at law against such owner or owners to recover the sums of moneys so expended, plus lawful interest and costs.
9 Del. C. § 4960 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4960
§ Â
        4960. County comprehensive plan.
Status: in_force

(a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than 5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee. Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter.

(b) Once the county government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so.

(c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues and opportunities.

(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review and certification pursuant to § 9103 of Title 29.

(e) Within 18 months of the date of adoption of the county comprehensive plan or revision thereof, Kent County shall amend its official zoning map(s) to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County’s zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
9 Del. C. § 5304 — Delaware Code / Title 9 / Chapter 53 / Section 5304
§ Â
        5304. Conflicting laws.
Status: in_force

Notwithstanding any provisions in any law to the contrary, all bonds issued pursuant to the chapter shall be governed solely by this chapter.
9 Del. C. § 8750 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8750
§ Â
        8750. Notice of order to sell to lienholders of real estate.
Status: in_force

If the property attached is in whole or in part real estate, the court making the order for the sale of property shall also order that notice be given to all persons holding liens and encumbrances against the real estate, as set out in the petition of the plaintiff but the failure to include in the petition or in the order the name of any person holding any such lien or encumbrance or the failure to give such notice to such person shall not be sufficient cause to set aside such sale, but the real estate so sold shall not be sold or discharged of liens and encumbrances existing against it held by any person not named in the order and not served with the notice. The notice shall be served personally upon such persons holding liens at least 6 days before the day of sale, by delivering to each of such persons a copy of the order of sale or by leaving a copy thereof at the usual place of abode of such persons within New Castle County in the presence of an adult person. In case it appears to the court that any of such persons holding liens has no known place of abode within New Castle County and cannot be served personally, the court shall order that publication of notice of the sale be made in such newspaper or newspapers published in New Castle County as shall in the judgment of the court best serve to bring to such person knowledge of the sale.
9 Del. C. § 8303 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8303
§ Â
        8303. Written statement listing property owners, value, type, etc.
Status: in_force

(a) Each board of assessment or Department or Office of Finance shall make a written statement of their assessments. Each board of assessment or Department or Office of Finance shall distinguish between improved land and unimproved land. Any name included on such statement will be regarded as an aid to identify such property, and a mistake in the name of the owner, last known owner or reputed owner, or the absence of name, shall not affect the validity of the assessment.

(b) In the case of Kent County, the statements required by this section shall be according to hundreds.
9 Del. C. § 604 — Delaware Code / Title 9 / Chapter 6 / Subchapter I / Section 604
§ Â
        604. Application of chapter.
Status: in_force

(a) This chapter shall apply only in Kent and Sussex Counties.

(b) Parks and recreational facilities in the unincorporated communities of New Castle County shall be under the supervision of the Department of Parks and Recreation as provided in Chapter 13 of this title.
9 Del. C. § 310 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 310
§ Â
        310. Parking spaces for use by persons with disabilities.
Status: in_force

(a) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances regarding the duty of individuals and artificial entities to construct and maintain accessible parking spaces consistent with § 4183A of Title 21.

(b) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances requiring that no new accessible parking space be constructed and no existing accessible parking space be installed, restriped, repainted, resurfaced, or otherwise altered until the county government or municipality issues a permit as required by § 4183A of Title 21. Upon completion, the entity issuing the permit shall confirm compliance as set forth in § 4183A(d) of Title 21.

(c) The regulations or ordinances adopted pursuant to subsections (a) and (b) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to obtain a permit and to construct and maintain accessible parking spaces, but has failed to do so, consistent with the obligations under § 4183A of Title 21.

(d) To comply with this section, a municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or ordinances may not be less restrictive than those of the county.
9 Del. C. § 311 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 311
§ Â
        311. Insurance and workmenâs compensation for county employees.
Status: in_force

(a) The county governments of Kent County, of New Castle County and of Sussex County may enter into contracts with some reliable insurance company or companies doing business in the State to insure the employees or appointed officers of the counties against injury or death incurred by such employees or appointed officers while performing their duties as employees or appointed officers of the counties.

(b) The county governments of Kent County, of New Castle County and of Sussex County may at any time elect to be bound by the compensatory provisions of the Delaware Workmen’s Compensation Laws, and the county governments shall be the sole judges of the kind of insurance and the amount thereof which will best execute the purposes and provisions of this section.
9 Del. C. § 2211 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2211
§ Â
        2211. Lien of service charges on real estate.
Status: in_force

(a) In the event that any service charge is not paid as and when due, the unpaid balance thereof and any penalties accrued thereon shall be a lien on the parcel of real property with regard to which the service charge was made. The lien shall be superior and paramount to the penalties in such parcel of any owner, lessee, tenant, mortgagee or other person, except the lien of taxes.

(b) If any service charges remain unpaid after the due date, the chief financial officer, in chief financial officer's discretion, may institute a proceeding for the enforcement of the lien with penalties thereon accrued, and all costs thereon, under the method for collecting delinquent taxes established under Chapter 87 of this title. Such grounds and buildings, or any part thereof, may be sold by the Sheriff of the county as is provided by law.

(c) The Sheriff shall, out of the purchase money of the premises so sold, pay all costs arising from the process and sale to the parties entitled thereto respectively, and shall pay the amount of the service charge with accrued penalties thereon to the Office of Finance. Any residue of purchase money shall be deposited by the Sheriff in accordance with applicable rules and procedures of the Superior Court.
9 Del. C. § 4961 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4961
§ Â
        4961. 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.
9 Del. C. § 4657 — Delaware Code / Title 9 / Chapter 46 / Section 4657
§ Â
        4657. Appropriation may include engineering and other costs.
Status: in_force

In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the engineering, legal and other professional costs, and other costs of acquisition, construction or reconstruction of the property or improvement to be financed. Interest on notes issued during the construction period may also be financed.
9 Del. C. § 805 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 805
§ Â
        805. Library districts â Establishment; budget.
Status: in_force

Should Kent County elect to establish 1 or more library districts within the County, the County shall levy and raise by taxation a special district library tax for the purpose of the establishment of such a library in each district, and for the maintenance and increase and support of the library such sum of money as is annually approved in a budget for such purpose by the county governing body, said budget to be adopted at the same time the annual county budget is adopted. A library district may be created and a tax raised pursuant to this subchapter to raise funds to pay the Sussex or New Castle County government a contract fee to allow residents of said Kent County district the privilege of using a library located in Sussex or New Castle Counties.
9 Del. C. § 1373 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1373
§ Â
        1373. General provisions relating to levy, billing and collection of taxes.
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 Receiver of Taxes and County Treasurer under this title prior to January 3, 1967.
9 Del. C. § 764 — Delaware Code / Title 9 / Chapter 7 / Subchapter V / Section 764
§ Â
        764. Issuance of bonds; bond anticipation notes.
Status: in_force

Whenever the commission shall have authorized the issuance of bonds by an ordinance duly adopted pursuant to lawful authority, the commission may borrow money in anticipation of the issuance of such bonds so authorized and, for such purpose, may issue, and from time to time, renew negotiable bond anticipation notes of the commission of an aggregate principal amount not exceeding the principal amount of such bonds authorized by such ordinance. The commission shall authorize such notes by a resolution or resolutions which shall determine the date on which such notes are to be payable, the maximum principal amount thereof and the rate or maximum rate of interest to be borne thereby and the manner of their signing. The faith and credit of the commission are hereby pledged to the payment of the principal of and interest on any notes issued pursuant to this section.
9 Del. C. § 8339 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8339
§ Â
        8339. Certification of supplemental assessment roll.
Status: in_force

(a) In New Castle County such supplemental assessment rolls shall be prepared quarterly during each fiscal year. The first such assessment roll shall be certified to the government of New Castle County on July 1 of each year, the second on October 1 of each year, the third on January 1 of each year and the fourth on April 1 of each year.

(b) In Kent County such supplemental assessment rolls shall be prepared quarterly in each fiscal year. The first such supplemental assessment roll shall be certified to the government of Kent County on June 1 of each year; the second on September 1 of each year; the third on December 1 of each year; and the fourth on March 1 of each year.

(c) In Sussex County such supplemental assessment rolls shall be prepared quarterly in each fiscal year. The first such supplemental assessment roll shall be certified to the government of Sussex County on May 1 of each year; the second on August 1 of each year; the third on November 1 of each year; and the fourth on February 1 of each year.
9 Del. C. § 2605 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2605
§ Â
        2605. Departmentâs powers in conduct of public hearing.
Status: in_force

At any public hearing held pursuant to this subchapter, the Department of Land Use may summon witnesses, administer oaths and compel the giving of testimony.
9 Del. C. § 8153 — Delaware Code / Title 9 / Chapter 81 / Subchapter III / Section 8153
§ Â
        8153. Certification as tax exempt.
Status: in_force

No church, religious society, charitable corporation or nonprofit organization shall be entitled to the exemption granted by § 8151 of this title unless it is certified as tax exempt by this State for purposes of corporate franchise taxes and income taxes, and by the United States government for purposes of income taxes; such certification must be filed with the appropriate tax assessment office of the county and other political subdivision of this State in which the project is situate.
9 Del. C. § 3012 — Delaware Code / Title 9 / Chapter 30 / Section 3012
§ Â
        3012. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.
Status: in_force

With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases residential density, the County Council shall notify the local school district for the area at least 7 days prior to any such approval process.
9 Del. C. § 4105 — Delaware Code / Title 9 / Chapter 41 / Subchapter I / Section 4105
§ Â
        4105. Redistricting required.
Status: in_force

It shall be the mandatory duty of the Kent County Levy Court to redistrict the Kent County Levy Court Districts described at § 4102(b) of this title after each regular United States decennial census commencing with the 1990 United States decennial census. Nothing herein shall operate to change the number of Levy Court Districts established at § 4102(a) of this title.
9 Del. C. § 4107 — Delaware Code / Title 9 / Chapter 41 / Subchapter I / Section 4107
§ Â
        4107. Early termination of terms of office.
Status: in_force

The term of any Levy Court Commissioner (except the commissioner representing the 7th Levy Court District which is comprised of the County as a whole) which would not otherwise terminate on the first Tuesday in January following the election of Commissioners immediately following a redistricting shall terminate on such date, if, as a result of redistricting of the Levy Court, a Commissioner is placed in the same District as another member of the Levy Court whose term does not expire at the same time, otherwise the Commissioner shall continue to represent the new District in which the Commissioner resides until the expiration of the term of office.
9 Del. C. § 1131 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1131
§ Â
        1131. Separate budgeting for local service functions performed by the County.
Status: in_force

(a) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and segregate in a separate budget, entitled Local Service Function Budget, all appropriations for the performance or funding of local service functions by New Castle County within the municipalities and the unincorporated area. The Chief Administrative Officer and the County Executive, in the preparation of the Local Service Function Budget, shall specify separately the total appropriation required for the performance or funding of each local service function by New Castle County.

(b) The County Executive shall submit to the County Council a proposed revenue ordinance which will achieve sufficient revenues to balance the total operating budget, including the Local Service Function Budget. The County Executive in the preparation of the proposed revenue ordinance may not, and the County Council and the County Executive in the enactment of the annual revenue ordinance may not, impose ad valorem taxation on real property within any municipality to pay the cost of New Castle County’s performance or funding of any local service function in excess of the individual LSF tax rate or individual fire protection rate.

(c) The County Executive’s proposed budget presented to the County Council shall include tables providing all of the following information:

(1) The calculation of the proposed individual LSF tax rate and individual fire protection tax rate for each local service function for each municipality and the unincorporated area.

(2) The proposed aggregate of the individual LSF tax rates and individual fire protection tax rates for each municipality and the unincorporated area.

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

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

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

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

(e) The Chief Administrative Officer and the County Executive, in the preparation of the annual operating budget, shall divide and segregate in a separate budget entitled General Operating Budget all appropriations not properly allocable to the Local Service Function Budget or other operating budget fund. The County Council, in estimating the revenues which will be necessary for the payment of these appropriations, shall include the estimated revenues to be derived from county-wide ad valorem taxation of real property.

(f) The County Executive in the preparation of the proposed revenue ordinance, and the County Council and the County Executive in the enactment of the annual revenue ordinance, shall uniformly impose ad valorem taxation on real property within the County to pay the cost of the General Operating Budget.
9 Del. C. § 6904 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6904
§ Â
        6904. Purposes of regulations.
Status: in_force

(a) Regulations adopted by the county government, pursuant to the provisions of this subchapter, shall be in accordance with the approved comprehensive development plan and shall be designated and adopted for the purpose of promoting the health, safety, morale, convenience, order, prosperity or welfare of the present and future inhabitants of Sussex County, including, amongst other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire, flood, and other dangers, providing adequate light and air, preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, water and air pollution abatement, drainage, sanitation, educational opportunities, recreation, soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State’s agricultural and other industries, and the protection of both urban and nonurban development.

(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved, its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development.
9 Del. C. § 4532 — Delaware Code / Title 9 / Chapter 45 / Subchapter II / Section 4532
§ Â
        4532. Regularity of proceedings under venditioni exponas.
Status: in_force

Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.
9 Del. C. § 8134 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8134
§ Â
        8134. Contents of application.
Status: in_force

Every fact essential to support a claim for exemption under this subchapter shall exist on September 1 of the pretax year. Every application by a claimant therefor shall establish that the applicant was, on September 1 of the pretax year:

(1) A resident of this State for the period required;

(2) Of the age of 65 or more years;

(3) The owner of a dwelling house which is a constituent part of the real property for which such exemption is claimed;

(4) Residing in said dwelling house.

Such applicant shall also establish that his or her income for the yearly period as provided by this subchapter did not exceed $3,000, and that his or her spouse, if living in said dwelling house, does not have an income in excess of $3,000.
9 Del. C. § 720 — Delaware Code / Title 9 / Chapter 7 / Subchapter II / Section 720
§ Â
        720. Conduct of elections.
Status: in_force

The park board shall conduct the election, establish precincts and polling places therein, and appoint the judges and clerks of election and fix their compensation; provided that if any other election is held at the same time, the park board may appoint the same judges and clerks of election as are appointed for such other election, and such judges and clerks of election shall also be paid for their services by such district in such amount as the board shall determine. Separate ballot boxes shall be used to receive the ballots cast for park commissioners, and separate returns of the votes cast with such ballots shall be made to the board of commissioners and said board shall, within 5 days after such election, canvass said returns and declare the result of said election and enter a record of such canvass and declaration upon its records.
9 Del. C. § 5302 — Delaware Code / Title 9 / Chapter 53 / Section 5302
§ Â
        5302. Limited obligations.
Status: in_force

All bonds issued by Kent County under the authority of this chapter shall be limited obligations of the County payable solely from bond proceeds, revenue and other amounts derived from the mortgage loans with respect to which such bonds are issued. The bonds and coupons, if any, attached thereto shall not constitute an indebtedness, liability, general or moral obligation or pledge of the faith and credit of Kent County, the State or any other political subdivision thereof and the taxing power of Kent County, the State or any political subdivision thereof shall not be pledged to the payment of the principal of, premium, if any, and interest on such bonds. In no event shall the total amount of the bonds issued pursuant to this chapter exceed $50,000,000.
9 Del. C. § 4124 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4124
§ Â
        4124. Receiver of Taxes and County Treasurer functions.
Status: in_force

(a) Functions. — The Department of Finance shall perform all of the functions heretofore assigned to the Receiver of Taxes and County Treasurer under this title.

(b) Assessment of property. — The Department of Finance shall assess all property subject to taxation by the County and maintain appropriate records. In the performance of its functions relating to the assessment of property, the Department of Finance shall exercise the assessment functions heretofore assigned to the Board of Assessment. To this end, not later than April 1 of each year, the Department of Finance shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Department shall determine the form of the assessment roll and shall not be bound by provisions of law heretofore in effect as to form. The Board of Assessment Review or its representatives shall sit in its offices during each secular day from April 1 through April 15 of each year to hear appeals and make additions, alterations or corrections to the assessment that may be necessary. After the closing of the hearings, the settlement of all appeals, and the adjustment of the assessment lists, the Board of Assessment Review shall certify to the Department of Finance a true and correct assessment roll for the year. Not later than May 1 of each year, the Director of Finance shall certify to the county government the total value of all property in the County and the total value of all property which has been assessed and is subject to taxation.

The Department of Finance shall determine by rule, the form, number of copies, and other details concerning the keeping of records relating to assessment of real property and improvements thereupon. The Department of Finance shall develop a suitable system for the identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such system shall be in a form which readily permits the subdivision of property or the reassembly of property without loss of control thereof for purposes of assessment.

(c) Collection of taxes. — The Department of Finance shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to April 27, 2010, in the Receiver of Taxes and County Treasurer. To this end, the Department of Finance shall be entitled to the use of and shall be responsible for the application of all processes of law available prior to April 27, 2010, to the Receiver of Taxes and County Treasurer, provided that the Department shall not be required to make any routine reports to the Levy Court concerning the collection of taxes other than a monthly statement in appropriate summary form and the annual report.

(d) Records of tax delinquencies. — The Department of Finance shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the County. Not later than 60 days after the close of each fiscal year, the Department shall prepare a summary of the outstanding taxes which have been levied and not collected for each of the preceding 2 years or for such longer period as the Levy Court shall prescribe. Such summary shall be fully supported by detailed records of delinquent taxes.

(e) Collection of taxes other than those upon real estate. — The Department of Finance shall perform all responsibilities heretofore assigned to any office, department, or board of Kent County in the assessment and collection and enforcement of capitation taxes and any other taxes heretofore levied in Kent County.
9 Del. C. § 1161 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1161
§ Â
        1161. Authentication, recording, codification, and reproduction of ordinances.
Status: in_force

(a) The Clerk of County Council shall authenticate by signature, and record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the County Council.

(b) Within 3 years after the commencement of the system of government provided in this chapter and at least every 10 years thereafter, the County Council shall provide for the preparation of a general codification of all county ordinances having the force and effect of continuing law. The general codification shall be adopted by the County Council by ordinance and shall be published promptly in bound or loose-leaf form, together with pertinent provisions of the Delaware Code and any amendments thereto, pertinent provisions of the Constitution and other laws of this State applicable to New Castle County, and such codes of technical regulations and other rules and regulations as the County Council may specify. This compilation shall be known and cited officially as the New Castle County Code. Copies of the County Code shall be furnished to county officers, departments and boards, placed in libraries and public offices for free public reference, and made available for purchase by other persons at a reasonable price fixed by the County Council.

(c) The County Council shall cause each ordinance having the force and effect of law, and each amendment to state law affecting the County, to be reproduced promptly following its adoption; and the reproduced ordinances, and the amendments to state law, shall be distributed or sold to any person at reasonable prices to be fixed by the County Council. Subsequent to the publication of the first New Castle County Code, the ordinances and the amendments to state law shall be printed or reproduced in substantially the same style as the County Code currently in effect and shall be suitable in form for integration therein. The County Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in, or additions to, the provisions of the Constitution and other laws of this State or the codes of technical regulations included in the County Code.
9 Del. C. § 4804 — Delaware Code / Title 9 / Chapter 48 / Section 4804
§ Â
        4804. Office space and equipment.
Status: in_force

The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission, and the county government shall furnish and supply all necessary equipment for the office.
9 Del. C. § 8429 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8429
§ Â
        8429. Payments of witness and juror fees.
Status: in_force

(a) The State Treasurer shall pay fees, on demand, to witnesses on behalf of the State, and also to witnesses on behalf of a party who is accused of a crime or misdemeanor but is acquitted, upon the production of a certificate therefor from the Prothonotary of his or her county; and to witnesses subpoenaed for an indigent defendant, by the order of the Superior Court or any Judge thereof, pursuant to rules of that Court adopted under authority of law.

(b) The State Treasurer shall also pay jurors as provided by Chapter 45 of Title 10.
9 Del. C. § 312 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 312
§ Â
        312. Continuance of system of personnel administration.
Status: in_force

If any county government has adopted or shall adopt a system of personnel administration based on individual merit, said system shall be regarded as repealing any provisions of this title which may be inconsistent therewith.
9 Del. C. § 2810 — Delaware Code / Title 9 / Chapter 28 / Section 2810
§ Â
        2810. Authority of Delaware River Basin Commission.
Status: in_force

Nothing in this chapter shall be construed to reduce the power and authority of the Delaware River Basin Commission.
9 Del. C. § 531 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 531
§ Â
        531. Collection of assessments in default; procedure; deficiencies.
Status: in_force

(a) If a freeholder in the suburban community fails to pay the full amount of the freeholder’s proportionate annual amount of the special assessment or levy within 1 year from the time within which it becomes payable, together with interest at 6 percent thereon, the entire amount of the special assessment or levy shall immediately become due and payable, and the receiver of taxes and county treasurer shall proceed to collect the full amount of the special assessment or levy by any legal process available to him or her by statute for the collection of state, county or school taxes.

(b) If any property encumbered by the special lien provided for in this section is sold by foreclosure or execution process and the proceeds from such sale are insufficient to pay in full the amount of the special lien together with all interest and penalties thereon, then the unpaid portion of the special lien shall not be discharged by virtue of the sale.
9 Del. C. § 2609 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2609
§ Â
        2609. Violations of regulations or subchapter; enforcement, remedies and penalties.
Status: in_force

(a) No person shall erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any regulation in or of any provision of, any zoning regulation, or any change thereof, enacted or adopted by the County Council under the authority of this subchapter.

(b) Whoever violates any such regulation, provision or change of this subchapter, shall be fined not more than $100, or imprisoned not more than 10 days, or both.

(c) Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.

(d) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this subchapter or of any regulation or provision of any regulation, or change thereof, enacted or adopted by the County Council under the authority granted by this subchapter, the County Council, the attorney thereof, or any owner or occupier of real estate within the district or within an adjoining district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
9 Del. C. § 6908 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6908
§ Â
        6908. Public hearing and notice.
Status: in_force

Any public hearing required by this subchapter shall be held in accordance with § 6812 of this title.
9 Del. C. § 2205 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2205
§ Â
        2205. 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 the persons whose signatures appear thereon have ceased to be officers of the County.

(b) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the planning, acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the sewerage system for which the bonds are issued. The ordinance authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which shall be conclusive evidence of their validity and of the regularity of their issuance.
9 Del. C. § 4605 — Delaware Code / Title 9 / Chapter 46 / Section 4605
§ Â
        4605. Representation by municipalities and districts.
Status: in_force

At the public hearing on the establishment of a county district which includes the whole or any part of a district furnishing a similar service as the proposed district, a city or a town, such district, city or town, may be represented by an officer of the district, city or town, duly designated by the governing body of such district, city or town to attend.
9 Del. C. § 8111 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8111
§ Â
        8111. Proration of yearly taxes when property in Kent County is transferred to an exempt entity.
Status: in_force

(a) When real property in Kent County that is not exempt from taxes is transferred to an entity which is eligible for tax exemption pursuant to § 8105 or § 8106 of this title, tax is due and owing for the property for the tax year in which the transfer takes place, but only for the portion of the year, on a prorated basis, during which the property was owned by the nonexempt transferor. Proration is permitted only if the property is approved for exemption by the Kent County exemption application process. Proration pursuant to this section is permitted, notwithstanding the provisions of §§ 8313 and 8601 of this title.

(b) A proration under subsection (a) of this section is determined by dividing the total amount of property tax for the tax year in question by 365 and by multiplying the resulting number by the number of days in the tax year that the nonexempt transferor owned the property.

(c) If real property is transferred to an exempt transferee by a nonexempt transferor and the nonexempt transferor paid the taxes due for the property for the tax year of the transfer prior to the transfer, the nonexempt transferor may apply for a refund based on a proration pursuant to subsections (a) and (b) of this section of the taxes paid which are designated as county taxes, but not of the taxes paid which are designated as school taxes. If the refund application is approved, the county shall refund the proper amount to the nonexempt transferor.
9 Del. C. § 2513 — Delaware Code / Title 9 / Chapter 25 / Section 2513
§ Â
        2513. Penalties.
Status: in_force

The owner of a building, structure or premises in violation of this chapter or the rules or requirements as promulgated by the County Council or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or in violation of an order of the Department of Land Use, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who has participated or assisted in the commission of such violation shall each be fined not more than $1,000 for each offense and each and every day such violation continues shall constitute a separate offense.
9 Del. C. § 4401 — Delaware Code / Title 9 / Chapter 44 / Section 4401
§ Â
        4401. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Chief of Building Inspections” means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Chief’s designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Acting Chief’s designee;

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

(4) “Person” means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;
9 Del. C. § 702 — Delaware Code / Title 9 / Chapter 7 / Subchapter I / Section 702
§ Â
        702. Definitions.
Status: in_force

As used in this chapter:

(1) “Clerk of the County Council” means the Clerk of the County Council of New Castle County in which the park district is located.

(2) “Clerk of the peace” means the clerk of the peace of the county, Kent or Sussex, in which the park district is located.

(3) “Commission” means the park commission of a park district established by an election under the provisions of this chapter.

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

(5) “Department of Finance” means the Department of Finance of New Castle County in which the park district is located.

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

(7) “Park or recreation area” means any area of real estate located within the park district suitable for the promotion of the health and recreation of the residents of the park district.

(8) “Receiver of taxes and county treasurer” means the receiver of taxes and county treasurer of the county, Kent or Sussex, in which the park district is located.
9 Del. C. § 3309 — Delaware Code / Title 9 / Chapter 33 / Section 3309
§ Â
        3309. Bond form; signatures; maturity; manner of sale.
Status: in_force

(a) All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a security as defined in § 8-102 of Title 6, whether or not it is either 1 of a class or series or by its terms is divisible into a class or series of instruments.

(b) All bonds shall be signed manually or in facsimile by the county executive, and the seal of the county shall be affixed to the bonds and attested by chief financial officer or other similar administrative officer of the county. If any officer whose signature or countersignature appears on the bonds ceases to be such officer before delivery of the bonds, the officer’s signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until delivery.

(c) All bonds shall mature not later than 30 years from their date of issuance.

(d) All bonds shall be sold in the manner, either at public or private sale, and upon the terms, as county council deems best. Any contract for the acquisition of property may provide that payment shall be made in bonds.
9 Del. C. § 9403 — Delaware Code / Title 9 / Chapter 94 / Section 9403
§ Â
        9403. Deputies and clerks.
Status: in_force

The clerks of peace in Kent and Sussex Counties may employ such chief deputy, deputies and clerks as are authorized by the government of the county, at compensations fixed by such county government. In Kent County, minimum qualifications may be established by the county government for each position, and said minimum qualifications and compensation and any subsequent adjustments thereto shall have the concurrence of the clerk of the peace.
9 Del. C. § 8364 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8364
§ Â
        8364. Appeals and corrections upon completion of annual assessment.
Status: in_force

Any mobile home owner who feels aggrieved by the assessment shall have the right of appeal as provided by §§ 8311 and 8312 of this title.
9 Del. C. § 315 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 315
§ Â
        315. Records open to inspection.
Status: in_force

The accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of the counties shall be open to inspection by any taxpayer of the county in which such accounts, records, documents, papers and writings are located.
9 Del. C. § 632 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 632
§ Â
        632. Place of holding election; times; manner of voting.
Status: in_force

The election shall be held at such place in the proposed suburban park community as the county government shall designate and the polls shall be open from 9:00 a.m. to 7:30 p.m. of the day of the election. The voting shall be by printed ballot, which shall give the voter an opportunity clearly to indicate the voter’s consent or objection to the issuance of bonds for the improvement contemplated. Such printed ballot shall state the maximum principal amount of such bonds, the maximum rate of interest to be borne by such bonds, and the amount of such bonds payable in each fiscal year, and shall set forth the aggregate amount required to be raised by tax in each fiscal year for the payment of the principal of such bonds and the interest thereon computed at such maximum rate. A majority of votes cast shall decide the matter. The clerk of the county government shall act as judge of the election.
9 Del. C. § 343 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 343
§ Â
        343. Form of accounts and warrants.
Status: in_force

The governing bodies may prescribe the form in which the several accounts to be rendered to them, shall be drawn and verified, and shall have power to determine the form of all warrants to be drawn in payment of demands.
9 Del. C. § 4908 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4908
§ Â
        4908. Public hearing and notice.
Status: in_force

When the efforts of the Commission shall have reached the stage of a tentative plan, the Commission shall hold at least 1 public hearing on each tentative plan to be separately submitted, notice of which hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the place and times at which the tentative text and maps of the zoning regulations may be examined.
9 Del. C. § 8702 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8702
§ Â
        8702. Proceedings against guardian or trustee.
Status: in_force

Any proceedings authorized herein may be brought against the guardian or trustee of the owner of any property and any judgment recovered against the guardian or trustee shall be binding upon the real and personal estate belonging to the person he or she represents. Any person who owns or has any interest in any real estate upon which county taxes have been levied and is under the disability of infancy or incompetency of mind and does not have a guardian or trustee may be made a party defendant in any proceeding, and a guardian ad litem or trustee ad litem upon the bringing of the proceedings shall be appointed by the Superior Court or the Court of Common Pleas or by the justice of the peace upon the petition of the plaintiff in the proceeding.
9 Del. C. § 2311 — Delaware Code / Title 9 / Chapter 23 / Section 2311
§ Â
        2311. Bonds; power to issue; terms; authority of County Executive.
Status: in_force

(a) The County Council may issue bonds of New Castle County to finance the cost of constructing sewage disposal facilities in any sanitary sewer district. The moneys raised by the issuance of such bonds shall be held in a separate account and shall be expended only for the construction of sewage disposal facilities in the sanitary sewer district for which the bonds are issued.

(b) The bonds shall bear interest at the most advantageous rate attainable by the County Council and the income therefrom shall not be subject to state taxation. Each issue of such bonds shall be payable within 40 years after the date of the bonds of such issue. The interest coupons and face amount of the bonds shall be payable at such place or places as the County Council may prescribe. The reasonable expenses of issuing such bonds shall be deemed a part of the cost of constructing the sewer facilities. The full faith and credit of New Castle County shall be pledged to the payment of such bonds and the interest thereon. Debt incurred by the County Council pursuant to this chapter may be represented by uncertificated obligations of the County Council which may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this chapter, and the County Council by resolution may determine, or it may delegate authority to the County Executive to determine, all procedures appropriate to the establishment of a system of issuing uncertificated debt.

(c) The County Council may authorize the County Executive to sell such bonds at public or private sale upon such terms, conditions and regulations as it may prescribe.
9 Del. C. § 3006 — Delaware Code / Title 9 / Chapter 30 / Section 3006
§ Â
        3006. Selling before approval; penalty; civil suits.
Status: in_force

(a) No street, sanitary sewer, storm sewer, water main, or other improvements shall be constructed, opened, or dedicated for public use or for the common use of occupants of buildings abutting thereon, and no part of any land which has been subdivided after the adoption of regulations under this chapter, shall be sold, transferred or conveyed, except pursuant to an approval received for the land subdivision in accordance with the regulations adopted under this chapter.

(b) Whoever violates subsection (a) of this section shall upon conviction thereof be fined not more than $200 or imprisoned not more than 30 days, or both. Each lot or parcel so transferred or sold and each improvement so constructed, opened or dedicated shall be deemed a separate violation, and each and every day during which such violation continues shall be deemed a separate violation. The Superior Court shall have exclusive jurisdiction of offenses under this section.

(c) The County Council, or any owner of real estate affected by such violation, may, in addition to utilizing other remedies provided by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or otherwise correct such violation.
9 Del. C. § 317 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 317
§ Â
        317. Title to real estate owned by county.
Status: in_force

(a) Title to land acquired by a county shall be taken and held in the name of the county wherein the land is situated. Title to land held by a county as heretofore provided by this section is hereby changed to the name of the county.

(b) Title to county land may be conveyed by the county pursuant to an ordinance, or a resolution where ordinances are not provided for, duly advertised and adopted by the county authorizing the conveyance of the specific land, irrespective of whether title was acquired as heretofore provided by this section.
9 Del. C. § 8131 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8131
§ Â
        8131. Definitions [For application of this section, see 81 Del. Laws, c. 314, Â 2].
Status: in_force

As used in this subchapter:

(1) “Income” means all income from whatever source derived including realized capital gains and, in their entirety, pension, annuity, retirement, and Social Security benefits. For any tax year for which an exemption is claimed, income’' is determined to be equal in amount to the income received during the pretax year.

(2) “Pretax year” means the calendar year immediately preceding the “tax year.”

(3) “Resident’' means one legally domiciled within the State for a period of 10 years immediately preceding October of the pretax year.

a. Mere seasonal or temporary residence within the State, of whatever duration, does not constitute domicile within the State for the purposes of this subchapter. Absence from this State for a period of 12 months is prima facie evidence of abandonment of domicile in this State. The burden of establishing legal domicile within the State is on the claimant.

b. For claimants establishing legal domicile in this state after December 31, 2018, only claimants who, as of June 30 immediately prior to the beginning of the county fiscal year, have been legally domiciled within the state for a period of at least 10 consecutive years are eligible to receive a credit.

(4) “Tax year” means the calendar year in which the county real estate tax is due and payable.
9 Del. C. § 6709 — Delaware Code / Title 9 / Chapter 67 / Section 6709
§ Â
        6709. Power to make charges; liability of users; computation of rates.
Status: in_force

(a) The county government may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service charges”) for direct or indirect connection with, or the use or services of, any sewerage or water system. Such service charges may be charged to and collected from any person contracting for such connection or use or service, or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been connected with a sewerage or water system, or from or on which originates or has originated sewerage which directly or indirectly has entered or may enter into a sewerage system, or into which water from a water system may enter directly or indirectly, and the owner or occupant, or both of them, of any such real property shall be liable for and shall pay such service charges to the County at the time when, and place where, the county government by ordinance, resolution, rule or regulation determines that such charges are due and payable.

(b) Such service charges shall, as near as the county government deems practicable and equitable, be uniform throughout the area served by the sewerage or water system, and may be based or computed either on the consumption of water on or in connection with the real property, making due allowance for commercial use of water, or on the number and kind of water outlets on or in connection with the real property, or on the number and kind of plumbing or sewerage fixtures or facilities on or in connection with the real property, or on the number of persons residing or working on or otherwise connected or identified with the real property or on a front footage basis, or on other factors determining the type, class and amount of use or service of the sewerage or water system, or on any combination of any such factors.
9 Del. C. § 6702 — Delaware Code / Title 9 / Chapter 67 / Section 6702
§ Â
        6702. Powers of County.
Status: in_force

In addition to the other powers which it has, the County may, under this chapter:

(1) Plan, construct, acquire by gift, purchase, or the exercise of the right of eminent domain, reconstruct, improve, better or extend any sewerage or water system, and acquire by gift, purchase, or exercise of the right of eminent domain, lands or rights in land in connection therewith;

(2) Operate and maintain any water or sewerage system and furnish the services and facilities rendered or afforded thereby;

(3) Enter into and perform contracts, whether long term or short term, with any industrial establishment, municipality, county or agency of this State or any other state or federal government, for the provision and operation by the County of the sewerage system to abate or reduce the pollution of waters caused by discharges of industrial wastes by such industrial establishment, municipality, county or agency of this State or any other state or federal government, and the payment periodically by the industrial establishment, municipality, county or agency of this State or any other state or federal government to the County, of amounts at least sufficient, in the judgment of the county government, to compensate the County for the cost of providing (including payment of principal and interest charges, if any), and of operating and maintaining, the sewerage system or part thereof serving such industrial establishment, municipality, county or agency of this State or any other state or federal government;

(4) Issue its negotiable or nonnegotiable bonds to finance, either in whole or in part, the cost of the planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any sewerage or water system, and, if the county government so determines, pledging the full faith and credit of the County to the punctual payment of the bonds and the interest thereon;

(5) Pledge to the punctual payment of the bonds and the interest thereon an amount of the revenues derived from the operation of such sewerage or water system (including the revenues of the existing facilities, if any, comprising a sewerage or water system which is being improved, bettered, extended or acquired, and the revenues to be derived from any improvements, betterments, extensions thereafter constructed or acquired), or of any part of any such sewerage or water system, sufficient to pay, on either equal or priority basis, the bonds and interest as the same become due and create and maintain reasonable reserves therefor, which amount may consist of all or any part or portion of such revenues;

(6) Accept from any authorized agency of the state or federal government, or from persons, firms, or corporations, grants, or contributions for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension or operation and maintenance of any sewerage or water system and enter into agreements with such agency respecting such loans and grants;

(7) Enter into a contract or contracts with any city or town situated within the County providing for the disposal of sewage collected by any sewerage system either for a specified or an unlimited time and for the charge to be made for such service by or to any such city or town;

(8) Enter into and perform contracts with any person for the sale of effluent products;

(9) Enter into and perform a contract or contracts with any person, municipality, county or agency of this State or any other state or federal government for the sale, purchase, treatment, purification, transmission, or distribution of water; and

(10) Enter into and perform contracts, whether long term or short term, with any person, organization, association or other entity, public or private, profit or nonprofit, for the study, design, construction, operation or maintenance of a sanitary sewerage system, which may be in or outside of a sanitary sewer district.
9 Del. C. § 308 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 308
§ Â
        308. Childrenâs Bureau of Delaware; appropriations.
Status: in_force

The county governments of Kent County, of New Castle County and of Sussex County, shall have authority to make an appropriation, or appropriations, annually to the Children’s Bureau of Delaware in aid of the objects of the corporation.
9 Del. C. § 345 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 345
§ Â
        345. Dealing in county warrants by elected officials.
Status: in_force

No elected official of a county governing body shall directly or indirectly cash, buy up, purchase or redeem any county warrant drawn in favor of any other person.
9 Del. C. § 6923 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6923
§ Â
        6923. Conflict between zoning regulations and other laws.
Status: in_force

Whenever any regulations made under authority of this subchapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute or local regulation, the provisions of the regulations made under authority of this subchapter shall govern. Whenever the provisions of any other statute or local regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this subchapter, the provisions of such statute shall govern.

Whenever the provisions of any other statute shall derogate from the provisions of this subchapter, unless it be a statute granting powers to the State Planning Office, the provisions of this subchapter shall govern.
9 Del. C. § 3407 — Delaware Code / Title 9 / Chapter 34 / Section 3407
§ Â
        3407. 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 total number of applicable units within the stormwater maintenance district to arrive at the annual unit cost. The annual unit cost shall be assessed against each unit located within the boundaries of the stormwater maintenance district. No parcel of real estate may be exempt from paying its annual unit cost. The established fee structure does not need to be uniform among districts.

(b) County government shall levy and collect the annual unit cost assessed against each unit in a stormwater maintenance district at the same time and in the same manner as other New Castle County taxes and the annual unit cost is a lien on real property the same as other New Castle County taxes. The county government shall include this fee on tax bills under the heading “stormwater maintenance fee.”
9 Del. C. § 2658 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2658
§ Â
        2658. Evaluation and appraisal of comprehensive plan.
Status: in_force

(a) The comprehensive plan or amendments or revisions thereto shall be submitted to the Governor or designee at such time as the plan is made available for public review. The County shall provide sufficient copies for review by the Cabinet Committee on State Planning Issues. Within 30 days of plan submission, the Cabinet Committee on State Planning Issues shall conduct a public meeting, at which time the County shall make a presentation of the plan and its underlying goals and development policies. Following the public meeting the plan shall be subject to the state review and certification process set forth in § 9103 of Title 29.

(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the County where the County’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with state development policies.

(c) The planning programs shall be a continuous and ongoing process. The local planning agency shall prepare a report on the progress of implementing the comprehensive plan, which shall be sent to the Office of State Planning Coordination each year after adoption of the comprehensive plan. The report shall be due annually no later than on each anniversary of the effective date of the most recently adopted comprehensive plan or plan update until January 1, 2012, and annually no later than July 1 each year thereafter starting on July 1, 2012. The Cabinet Committee shall forward the report to the Office of State Planning Coordination, which will evaluate it in the context of state goals, policies and strategies, and the plans of other jurisdictions. The Office of State Planning Coordination will integrate the information, land use trends, and changing conditions found in the county’s report into the annual report of the Cabinet Committee, which is to be prepared as specified in § 9101(d) of Title 29. It is the intent of this subchapter that periodic updates on amendments to and the implementation of adopted comprehensive plans be communicated through the evaluation and appraisal reports to ascertain trends, monitor implementation and foster ongoing coordination.

(d) The report shall present an assessment and evaluation of the success or failure of the comprehensive plan or element or portion thereof, and shall contain appropriate statements (using words, maps, illustrations or other forms) related to:

(1) The major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses in the area.

(2) The condition of each element in the comprehensive plan at the time of adoption and at date of report.

(3) The comprehensive plan objectives as compared with actual results at date of report.

(4) The extent to which unanticipated and unforeseen problems and opportunities occurred between date of adoption and date of report.

(e) The report shall include reformulated objectives, policies and standards in the comprehensive plan or elements or portions thereof.

(f) The Cabinet Committee may prescribe a format and guidelines for the preparation of the County’s report. Should the Cabinet Committee elect to do so, the Office of State Planning Coordination shall assist the Committee in the development and administration of such guidelines.
9 Del. C. § 2218 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2218
§ Â
        2218. Misrepresentations in application and unauthorized connections with sewer; penalty.
Status: in_force

Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any sewer contrary to the authority granted by permits issued therefor by the County Council, or without a permit therefor in accordance with this chapter, shall be fined not less than $5.00 nor more than $500.
9 Del. C. § 319 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 319
§ Â
        319. Review of comprehensive plans.
Status: in_force

At least every 5 years a county shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the county or in the surrounding areas. The adopted comprehensive plan shall be revised, updated and amended as necessary, and re-adopted at least every 10 years.
9 Del. C. § 8761 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8761
§ Â
        8761. Procedure to obtain deed.
Status: in_force

Any person having an interest in or a lien upon the real estate who redeems the same within the time and in the manner prescribed in § 8760 of this title, or any purchaser in case the real estate has not been redeemed or their respective representatives, may prefer a petition to the Superior Court setting forth the facts and applying for an order for a deed for the real estate, and the Superior Court, after hearing and determining the facts set forth in the petition, shall thereupon order the sheriff to execute, acknowledge and deliver to the person entitled thereto a deed granting and assuring unto such person the same estate and title as the defendant was seized of on July 1 of the year for which the taxes were levied upon under the judgment under which the real estate was sold was recovered (which date shall be specified in the order), discharged from all equity of redemption and from all liens and encumbrances held by persons against the property at the time of the sale who were given notice of such sale in the manner provided for in this subchapter and free and discharged of any right of or any inchoate right of dower or curtesy therein.
9 Del. C. § 1115 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1115
§ Â
        1115. Absence or disability.
Status: in_force

During the temporary absence or disability of the County Executive, the Chief Administrative Officer shall act as County Executive and may sign contracts or other legal papers or instruments which the County Executive is authorized to sign. The County Executive shall designate, in writing, a head of a county department who shall act as County Executive during the temporary absence or disability of both the County Executive and the Chief Administrative Officer. The Acting County Executive may sign contracts or other legal papers or instruments which the County Executive is authorized to sign.
9 Del. C. § 8323 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8323
§ Â
        8323. False returns; perjury.
Status: in_force

If any person making oath, affirmation or affidavit required under the provisions of this chapter swears or affirms falsely, that person shall be guilty of perjury.
9 Del. C. § 9107 — Delaware Code / Title 9 / Chapter 91 / Section 9107
§ Â
        9107. Authorization to pay employees on day preceding holiday.
Status: in_force

Each county government, whenever the pay day for employees falls on a holiday, Saturday or Sunday, may pay the employees their salaries on the day immediately preceding the holiday, Saturday or Sunday.
9 Del. C. § 2309 — Delaware Code / Title 9 / Chapter 23 / Section 2309
§ Â
        2309. Construction or maintenance of sewers for cities or towns.
Status: in_force

The County Council may construct or maintain submains or laterals as agents for cities or towns when officially requested so to act and when the cost of such work is to be borne by local assessments against the property benefited or by assessment by the County Council in the same manner as for unincorporated areas.
9 Del. C. § 8355 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8355
§ Â
        8355. Assessments to be made in name of titleholder.
Status: in_force

Mobile homes shall be assessed in the name of the person designated in the title of the mobile home, whether the title is issued by this State or by some other state.
9 Del. C. § 5511 — Delaware Code / Title 9 / Chapter 55 / Section 5511
§ Â
        5511. Powers granted are  supplemental to other laws.
Status: in_force

The powers granted under this chapter shall be regarded as supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of any powers now existing.
9 Del. C. § 304 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 304
§ Â
        304. County government; supplies for county officers.
Status: in_force

Each county government shall furnish to county officers necessary record books, cases, seals and supplies for the use of their respective offices.
9 Del. C. § 9112 — Delaware Code / Title 9 / Chapter 91 / Section 9112
§ Â
        9112. Liability for fees.
Status: in_force

Each county officer is made liable upon his or her respective official bond, for the payment to the receiver of taxes and county treasurer or the department of finance of the county of such officer of all the fees which such officer shall collect. All the official bonds to be entered into by the officers shall contain the following condition: “And if the said . . . . . . shall truly and without delay pay over to the Receiver of Taxes and County Treasurer or the Department of Finance all the fees which it shall be his or her duty to collect and which are to be paid to the Receiver of Taxes and County Treasurer or the Department of Finance.” The county government shall cause proceedings to be brought on any of the bonds for the breach of the foregoing condition for the recovery of the penalty therein.
9 Del. C. § 6925 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6925
§ Â
        6925. Changes in zoning.
Status: in_force

In the case of a rezoning application the county government shall determine its voting requirement necessary to take action thereon, which shall not be less than a majority of all members elected to county council.
9 Del. C. § 819 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 819
§ Â
        819. Bonds â Assumption of existing library district bonds.
Status: in_force

In the event any district library commission created pursuant to Chapter 71 of Title 14 conveys any property to the Kent County Levy Court for which bonds are outstanding, the Kent County Levy Court shall assume all obligations of said bonds if the property is used for a countywide library system but if the property is used for a district library system the cost of paying interest and principal on said bonds shall be included in the annual tax levy on real property in that district only.
9 Del. C. § 524 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 524
§ Â
        524. Assessment on real property in suburban community; time for making and basis.
Status: in_force

(a) Not later than 30 days after the date of receipt by the county government of the final contract costs from the Department of Transportation, but in no event later than 8 months after the sale of the bond issue, the county government shall make a special assessment or levy upon all real property of every freeholder in the suburban community which is assessable and taxable. Such assessment shall be made in such a manner that the real property of each freeholder of the community, upon the basis of all front footage and in the case of corner properties all front footage and 50 percent of the side footage abutting upon the improvement or improvements, shall equitably bear its pro rata share of the costs of the improvement or improvements. In cases of irregular corner properties the Department shall determine the footage abutting the improvement or improvements that is to be considered as front and side footage. The provisions of this section and other sections in this subchapter relating to side footage shall cover all such projects on which construction is undertaken after January 1, 1949, but shall not cover projects previously constructed. The sum total of all assessments or levies so made shall equal the total amount of the final contract cost, together with all interest accruing on the full amount of the bond issue until maturity and costs incurred by the Division of Highways for preliminary engineering and construction inspection as set forth elsewhere in this subchapter.

(b) In the event that final contract costs are not determined within the aforementioned 8-month period, the county government shall make a temporary special assessment or levy upon the basis of the contract bid, together with all interest accruing on the full amount of the bond issue until maturity. The temporary special assessment shall be adjusted when final contract costs are known.

(c) If moneys from the general fund of the county government are used as permitted by § 513(c) of this title, the special assessment shall be determined on the basis of final contract costs plus interest. The interest rate in such case shall be the average rate of all interest on bonds issued for similar purposes during the previous calendar year. All interest collected from such special assessments shall be deposited in the special sinking fund account provided for in § 532 of this title.

(d) In making such special assessment or levy the county government shall prepare an assessment roll which shall describe each lot or parcel of real property in the suburban community in such manner that the same may be ascertained and identified and shall show the name or names of the reputed owner or owners thereof and the aggregate amount of the assessment levied upon such lot or parcel of land, and shall file such assessment roll so prepared in the office of the clerk of the peace. Before finally adopting such assessment roll, the county government shall hold a public hearing. Notice of such public hearing shall state that the assessment roll has been completed and filed in the office of the clerk of the peace where it may be examined by any person interested and that at the time and place fixed for the public hearing, the county government will meet and hear and consider any objections which may be made to such assessment roll. Notice of the public hearing shall be published in a newspaper published within the county and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which the public hearing is to be held. After holding the public hearing the county government may change or amend the assessment roll as it deems necessary or just and may confirm and adopt the assessment roll as originally proposed or as amended or changed.
9 Del. C. § 923 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 923
§ Â
        923. Exceptions [Transferred].
Status: in_force

Transferred to § 3074F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 504 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 504
§ Â
        504. Survey and plot of community by State Department of Transportation.
Status: in_force

Promptly upon the filing of a petition as prescribed in § 503 of this title, the county government shall adopt a resolution requesting the State Department of Transportation to survey and make a plot of the community, which shall show:

(1) The boundaries of the community;

(2) The streets as then existing;

(3) The names, location and post-office addresses of all freeholders in the community, as they appear on the records of the board of assessment of the county in which the suburban community is located; and

(4) The street frontage in feet owned by each freeholder and, in the case of corner properties the street frontage and street sideage in feet owned by each freeholder.
9 Del. C. § 808 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 808
§ Â
        808. Library districts â Delivery of duplicate assessment list.
Status: in_force

Promptly after levying the district library tax or taxes the Kent County Levy Court shall deliver to the Receiver of Taxes and County Treasurer, for his or her use in collecting the taxes, the duplicate assessment list for each library district as prepared and furnished to the county government by the Board of Assessment.
9 Del. C. § 3010 — Delaware Code / Title 9 / Chapter 30 / Section 3010
§ Â
        3010. Schedule of fees.
Status: in_force

The Commission shall establish a uniform schedule of fees to be paid by the subdivider and to be proportioned to the cost of processing a subdivision submitted for review and approval of the Commission. No schedule established by the Commission shall become effective unless and until approved by the County Council.
9 Del. C. § 2661 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2661
§ Â
        2661. Information from state and local agencies and school districts.
Status: in_force

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

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

(c) (1) This section shall apply only to residential development. Prior to recording a major record subdivision plan, as defined by New Castle County, the applicant shall provide certification to the Department of Land Use from the Secretary of the Department of Education after consultation with the superintendent of the appropriate individual school district that the school district has adequate capacity for the proposed development. The Secretary shall respond to any request for certification or Voluntary School Assessments within 60 days’ receipt of a completed request for such certification. That certification shall include the following information:

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

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

This subsection shall apply to all new residential major subdivision plans submitted pursuant to the New Castle County Unified Development Code adopted December 31, 1997, as may be amended.

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

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

(4) To the extent New Castle County has adopted (or in the future attempts to adopt) any regulations or ordinances linking or tying residential development to school capacity, or otherwise restricting residential development in the absence of school capacity, such regulations and ordinances are hereby preempted and of no force and effect.
9 Del. C. § 1321 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1321
§ Â
        1321. General provisions relating to assessment.
Status: in_force

Transferred to § 1371E of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.
9 Del. C. § 4624 — Delaware Code / Title 9 / Chapter 46 / Section 4624
§ Â
        4624. Dissolution and diminishing area of sewer districts.
Status: in_force

Whenever the county government shall determine it to be in the public interest, said county government, upon its own motion, but after a public hearing called and held in the manner provided in § 4604 of this title, may dissolve and discontinue any sewer district:

(1) Provided that the period of 3 years shall have elapsed since the date of establishment of such district, and that no improvement has been constructed or service provided for such district at any time since the establishment thereof; and

(2) Further provided that there be no indebtedness outstanding and unpaid, incurred to accomplish any of the purposes of such district.
9 Del. C. § 909 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 909
§ Â
        909. Destruction of muskrat dens, poultry or livestock [Transferred].
Status: in_force

Transferred to § 3049F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 1308 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1308
§ Â
        1308. Legal effect of official map or street plan.
Status: in_force

(a) Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding the limits otherwise established by statute, be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Adjustment under the same procedure described for appeals in zoning cases.

(b) After the adoption of the official map showing the lines of planned or mapped streets, no change in any street shall be made by the County Council until such proposed change shall have been submitted to the Department for its opinion as to conformity with the official map. Pending the adoption of the official map, the County Council shall not vacate, narrow or extend any existing street without having secured the opinion of the Department as to the propriety of such proposed action.

(c) The adoption of any street or street lines as part of the official map shall not, in and of itself, constitute and be deemed to constitute the opening or establishment of the street and acceptance of any land for street purposes, and shall not constitute the taking of any land.
9 Del. C. § 1149 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1149
§ Â
        1149. Investigations; refusal to obey; penalties.
Status: in_force

(a) The County Council may make investigations into the affairs of the County and the conduct of any county department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of pertinent evidence of any kind. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the County Council shall be punishable in accordance with a schedule of fines and imprisonment established by the County Council. In no event shall a fine exceed $500 and an imprisonment shall not exceed 1 year.

(b) The Superior Court shall have exclusive original jurisdiction over offenses under this section.
9 Del. C. § 6521 — Delaware Code / Title 9 / Chapter 65 / Section 6521
§ Â
        6521. Location of sewage treatment plants and other sewage disposal facilities.
Status: in_force

(a) Notwithstanding any other provisions of this chapter, sewage treatment plants and other sewage or water facilities may be located outside, in part or in whole, the sewer or water district which they intended to serve.

(b) It shall be permissible to transfer sewage or water from 1 sewer or water district to another sewer or water district for the purposes of treatment and disposal of the sewage, or for providing water.
9 Del. C. § 2316 — Delaware Code / Title 9 / Chapter 23 / Section 2316
§ Â
        2316. Annual assessment; procedure for fixing amount.
Status: in_force

(a) The County Council each year, at a time to be fixed by it, shall, after a public hearing, establish an annual assessment roll for the sanitary sewer district which shall be known as the “Sanitary Sewer District Assessment.”

(b) The total amount assessed for each year shall be sufficient to provide funds required to reimburse the County for sums to be expended for retiring the bonds which have been issued and for the payment of the interest due on the same and for maintaining or improving the sewerage system and paying the necessary general expenses of the sanitary sewer district.

(c) Notice of the public hearing shall state that the assessment roll has been completed and filed and that at the time and place fixed for the public hearing the County Council will meet and hear and consider any objections which may be made to the assessment roll. Notice of the public hearing shall be published in a newspaper published within New Castle County, and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which the public hearing is to be held.

(d) After holding the public hearing, the County Council may change or amend the assessment roll as it deems necessary or just, and may confirm and adopt the assessment roll as originally proposed or as amended or changed.
9 Del. C. § 8723 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8723
§ Â
        8723. Form of monition.
Status: in_force

The monition shall be in substantially the following form:

To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the taxes or assessment stated herein is paid within 20 days after the date hereof or within such period of 20 days, evidence of the payment of taxes herein claimed shall be filed in the office of the prothonotary, which evidence shall be in the form of a receipted tax bill or duplicate thereof, bearing date prior to the filing of the lien in the office of the prothonotary for the county where the property is located, the tax collecting authority may proceed to sell the property herein mentioned or described for the purpose of collecting the judgment for the taxes or assessments herein stated, including accrued penalties and all costs incurred in the collections process.
9 Del. C. § 5501 — Delaware Code / Title 9 / Chapter 55 / Section 5501
§ Â
        5501. Definitions.
Status: in_force

In this chapter, the following terms shall have the meanings indicated:

(1) “Bonds” or “bond” means a special obligation bond, revenue bond, note, or other similar instrument issued by the County in accordance with this chapter.

(2) “Chief financial officer” means the Director of the Kent County Department of Finance or his or her designee designated by the Director of the Kent County Department of Finance.

(3) “Cost” includes the cost of:

a. Construction, reconstruction, and renovation, and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or to be acquired by a municipal, local, county, state, or federal government or any agency, department, or office thereof for a public purpose;

b. All machinery and equipment including machinery and equipment needed to expand or enhance the services of a municipal, local, county, state, or federal government or any agency, department, or office thereof to the special development districts created pursuant to § 5502 of this title;

c. Financing charges and interest prior to and during construction, and, if deemed advisable by the County, for a limited period after completion of the construction, interest, and reserves for principal and interest, including costs of county bond insurance and other type of financial guaranty, liquidity support, and costs of issuance;

d. Extensions, enlargements, additions, and improvements;

e. Architectural, engineering, financial, and legal services;

f. Plans, specifications, studies, surveys, and estimates of cost and of revenues;

g. Administrative expenses necessary or incident to determining to proceed with the improvements, including infrastructure improvements; and

h. Other expenses as may be necessary or incident to the construction, acquisition, financing, and operation of the improvements, including infrastructure improvements, including administrative expenses charged to collect and/or administer the tax revenues.

(4) “County” means Kent County.

(5) “County Administrator” means the Kent County Administrator or his or her designee designated by the Kent County Administrator.

(6) “Issuing body” means a municipality or other political subdivision, department or agency of the State (other than the County) when it acts to issue a bond, a note, or other similar instrument.

(7) “Levy Court” means the Kent County Levy Court.

(8) “Other obligations” or “other obligation” means a bond, a note, or other similar instrument issued by an issuing body for any the purposes stated in § 5502 of this title.
9 Del. C. § 1122 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1122
§ Â
        1122. County executive restructuring power.
Status: in_force

The County Executive of New Castle County shall have the power to merge, establish, rename, and modify departments, boards, agencies, commissions, and offices of the county and may prescribe the functions and management systems of all departments, boards, agencies, commissions and offices of the county, subject to approval of County Council. The authority granted pursuant to this section shall supersede any conflicting provisions within this title.
9 Del. C. § 9417 — Delaware Code / Title 9 / Chapter 94 / Section 9417
§ Â
        9417. Destruction of county papers.
Status: in_force

The clerk of the peace shall, on and after the expiration of 5 years from their date, destroy poll lists of elections, individual bills settled and paid by the county, and such papers as may and do not become a matter of permanent record of the county or State in the office. The destruction of the papers shall be under and by the supervision of the prothonotary and the register of wills of each county.
9 Del. C. § 4809 — Delaware Code / Title 9 / Chapter 48 / Section 4809
§ Â
        4809. Official map of the District.
Status: in_force

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

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

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

(d) If the State Department of Transportation changes or amends existing roads or adds new roads which vary from the master plan as established pursuant to § 4807 of this title, the Commission shall have the right, after due notice in writing to the Department, to appeal such change or addition, to the State Highway Commissioners in an official meeting of which the public shall be given notice and which the public may attend. After receiving notice in writing of the appeal of the Regional Planning Commission, the State Highway Commissioners and their employees will refrain from execution of plans changing or adding roads in variance from the aforesaid master plan until the appeal has been heard and a written decision rendered by the said State Highway Commissioners. That decision may be summarily appealed to the Superior Court which shall have the power to enjoin further action by all parties until a determination is reached by that Court as to whether the promotion of the health, safety, prosperity and general welfare of the citizens of this State and of Kent County are better served by compliance with the aforesaid master plan or by granting the change or addition desired by the State Department of Transportation.
9 Del. C. § 4535 — Delaware Code / Title 9 / Chapter 45 / Subchapter II / Section 4535
§ Â
        4535. Purchase at sheriffâs sale by agent of county.
Status: in_force

Kent County Levy Court may authorize any person to bid at the sale of any real estate under this chapter and, in the event that such person is the highest and best bidder therefor, title thereto shall be taken in the name of Kent County. Levy Court shall not authorize any person to bid in excess of the aggregate amount of all taxes, service, charges, penalties and obligations due to Kent County, including costs incurred in the collection process.
9 Del. C. § 6924 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6924
§ Â
        6924. Notice to local school districts of residential zoning changes.
Status: in_force

With respect to any proposed residential zoning change, the county government shall notify the local school district for the area at least 7 days prior to the initial hearing upon such residential zoning change.
9 Del. C. § 4501 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4501
§ Â
        4501. Definitions.
Status: in_force

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

(1) “County” means Kent County;

(2) “Revenue bonds” means bonds to the payment of which all or any part of the revenues derived from the operation of any water system are pledged in accordance with this chapter;

(3) “Service charges” means rents, rates, fees or other charges charged or collected under § 4509 of this title;

(4) “Water system” means all real and personal property necessary or useful in the collection, acquisition, treatment, purification and distribution of water, together with any principal or ancillary rights appurtenant thereto.
9 Del. C. § 4917 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4917
§ Â
        4917. Appeals to the Board of Adjustment â Powers.
Status: in_force

Upon appeals the Board of Adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning regulations;

(2) To hear and decide, in accordance with the provisions of any zoning regulations, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which the Board is authorized by any zoning regulation to pass;

(3) Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation adopted under this subchapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and zoning regulations.
9 Del. C. § 8614 — Delaware Code / Title 9 / Chapter 86 / Section 8614
§ Â
        8614. Officials conducting sale of property to notify receiver; pay tax.
Status: in_force

Every sheriff, constable, trustee in bankruptcy, or trustee or receiver appointed by any decree of any court of this State or elsewhere, or any landlord or bailiff in any distraint proceedings for the recovery of rent, who shall make sale of any property, real or personal, shall deliver to the tax collecting authority, a copy of the advertisement of sale 10 days before the date fixed therefor, and upon demand made by the tax collecting authority, the officer conducting the sale shall withhold the amount of the tax and pay the same to the tax collecting authority.
9 Del. C. § 4636 — Delaware Code / Title 9 / Chapter 46 / Section 4636
§ Â
        4636. Consolidation of bond issues.
Status: in_force

Bonds for 1 or more specific objects or purposes or classes of objects or purposes, or a combination thereof, may be consolidated and sold as a single bond issue.
9 Del. C. § 4654 — Delaware Code / Title 9 / Chapter 46 / Section 4654
§ Â
        4654. Reissuance of defaced or partially destroyed bonds or notes.
Status: in_force

If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond or note, to the bearer, or if registered, to the registered holder, at the expense of such holder, on surrender of the defaced or partially destroyed bond or note, and on such other conditions as the resolution authorizing the reissuance may provide.
9 Del. C. § 8704 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8704
§ Â
        8704. Survival of prior liens.
Status: in_force

Liens or encumbrances against lands and tenements sold for taxes by the Receiver of Taxes and County Treasurer of Kent County or Department of Finance of Sussex County under the provisions of this chapter which were valid and subsisting liens or encumbrances at the time of the sale for taxes (other than the lien for the taxes for the collection of which such sale is made), shall not be discharged or anywise affected by such sale, and such sale shall be subject to such liens or encumbrances.
9 Del. C. § 651 — Delaware Code / Title 9 / Chapter 6 / Subchapter IV / Section 651
§ Â
        651. Special sinking fund.
Status: in_force

The county government shall promptly deposit all funds received from the receiver of taxes from the collection of the taxes levied pursuant to the provisions of § 654 of this title, in a special account, which shall be used for no other purpose than the retiring of the bonds and interest accruing thereon, and for maintaining and improving the parks or recreation areas of the suburban park community, and paying the necessary expenses of the suburban park community including all costs of supervision and recreational promotion.
9 Del. C. § 503 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Petition to county government for improvements; who may petition; contents.
Status: in_force

(a) The freeholders of a suburban community owning 50 percent or more of the front footage of property abutting the contemplated improvement or improvements in the suburban community may, at any time, present a petition to the county government that shall:

(1) State that, in the opinion of the signers of the petition, the community would be improved by the laying, repairing or completion of sidewalks or streets, installation of street signs, installation of surface drainage and storm sewers, or any 1 of such improvements; and

(2) Request that the county government proceed in accordance with the provisions of this subchapter to issue bonds to provide the money for the improvements.

(b) Each petition, when presented, shall have attached to it as a part thereof a drawing, which shall be obtained from the Department of Transportation, showing the street layout and the extent of the improvements.
9 Del. C. § 5607 — Delaware Code / Title 9 / Chapter 56 / Section 5607
§ Â
        5607. Abatement; creation of tax lien.
Status: in_force

(a) If after due notice, either actual or constructive, is given by the Department of Planning Services to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative tribunal or a court of competent jurisdiction, such person fails to comply with the notice or order, and the illegal action or condition continues to exist, the Department of Planning Services may cause such violation to be removed, corrected, abated, or otherwise made safe and sanitary. The Department of Planning Services may incur any expense of razing, demolishing, removing, or repairing unsafe or illegal buildings and structures, and may incur any expense necessary or incidental to abating violations of the Kent Property Maintenance Code or other provisions of the Kent County Code that constitute a threat to the public health, safety, or welfare or to provide for the sanitary condition, safety, or security of the property, structure or building.

(b) All expenses incurred by the Department of Planning Services pursuant to this section shall be a tax lien on the parcel of real property that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Department of Planning Services, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to Kent County, when collected.

(c) Any unpaid fine or civil penalty associated with violation of the Kent Property Maintenance Code or any other provision of the Kent County Code that provides for the sanitary condition, safety, or security of a property, structure, or building, such fine or civil penalty being final and nonappealable, may be added to local property tax billings for the property, which was the subject of said notice or order and collected in the same manner as other county real estate taxes, and paid to Kent County, when collected.

(d) Kent County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Planning Services for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings pursuant to a writ of monition.
9 Del. C. § 601 — Delaware Code / Title 9 / Chapter 6 / Subchapter I / Section 601
§ Â
        601. Purpose.
Status: in_force

The purpose of this chapter is to provide a procedure whereby the people of various unincorporated communities may establish and maintain parks and other recreational facilities and pay for the same through county bonds, the interest on and principal of such bonds to be collected by taxation of the community benefited.
9 Del. C. § 8731 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8731
§ Â
        8731. Regularity of proceedings under venditioni exponas.
Status: in_force

Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.
9 Del. C. § 928 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 928
§ Â
        928. Violations by owners of dangerous or potentially dangerous dogs; penalties [Transferred].
Status: in_force

Transferred to § 3079F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 1167 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1167
§ Â
        1167. Creation of departments and agencies.
Status: in_force

The County Council, by ordinance, may establish departments, offices or agencies of the County in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no function prescribed by this title to a particular department, office or agency may be discontinued or assigned by the County Council to any other department, office or agency without the concurring approval of the County Executive.
9 Del. C. § 8605 — Delaware Code / Title 9 / Chapter 86 / Section 8605
§ Â
        8605. Collection at offices of tax collecting authority; hours.
Status: in_force

Each tax collecting authority shall be present, either in person or by deputy, at a designated county office every day, except Sundays, Saturdays and legal holidays, during the usual hours of business, for the purpose of receiving taxes collectible by the County.
9 Del. C. § 1381 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1381
§ Â
        1381. Office of Human Resources; functions.
Status: in_force

The Office of Human Resources, managed by the Chief Human Resources Officer, who shall be qualified for the position by education, experience and training, shall perform the following functions.

(1) Divide all County officers and employees into unclassified or classified service, and assign all classified employees into position classifications, based on duties performed and responsibilities assumed;

(2) Establish a uniform pay plan for all classified employees based on the classification of the position held;

(3) Regulate employment and promotion according to competency and fitness, to be ascertained when possible by competitive examination and, when not, by due consideration to qualifications and record performance;

(4) Establish tenure for all classified employees, providing for discipline, demotion and discharge for just cause only, with right of employee appeal through provisions outlined in the New Castle County Code; and

(5) Create uniform provisions governing provisions of related sections of the New Castle County Code.
9 Del. C. § 915 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 915
§ Â
        915. Penalties; fines [Transferred].
Status: in_force

Transferred to § 3055F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 8616 — Delaware Code / Title 9 / Chapter 86 / Section 8616
§ Â
        8616. Removal from county to escape tax; penalty.
Status: in_force

If any taxable of any county removes from the county with intent to escape payment of any tax due, he or she shall be liable in any action brought before a justice of the peace for the recovery of such tax, to double the amount thereof.
9 Del. C. § 9409 — Delaware Code / Title 9 / Chapter 94 / Section 9409
§ Â
        9409. Transcripts concerning county accounts.
Status: in_force

(a) The clerk of the peace shall deliver to the receiver of taxes and county treasurer or director of finance of his or her county certified transcripts of all allowances made by the government of his or her county; and of the amount to be collected; and of all matters that shall concern the receiver of taxes and county treasurer or director of finance or be requisite for keeping the accounts of the respective counties.

(b) This section shall not apply to the Clerk of the Peace of New Castle County.
9 Del. C. § 8351 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8351
§ Â
        8351. Determining taxation value; frequency of reassessments; assessment rate.
Status: in_force

Ad valorem assessments for mobile homes shall be developed in the same manner as real property and be predicated on their market value, taxed at the same rate as real property throughout the county and school district in which the mobile home is located and in the name of the owner. In instances where the land is leased, the land upon which the mobile home is located shall be separately assessed and shall not include the value of the mobile home located thereon. Mobile homes shall be reassessed at least every 5 years.
9 Del. C. § 8612 — Delaware Code / Title 9 / Chapter 86 / Section 8612
§ Â
        8612. Liability between landlord and tenant.
Status: in_force

The person holding the ground at the time of the assessment shall be chargeable with and pay the sum rated to the person entitled to the rent, and may deduct the same out of the rent, unless it is otherwise agreed between himself or herself and the person entitled to such rent; but if the former cannot be found the latter shall be chargeable with and shall pay it.
9 Del. C. § 9101 — Delaware Code / Title 9 / Chapter 91 / Section 9101
§ Â
        9101. Definitions.
Status: in_force

As used in this chapter:

“County offices” or “county officers” means the elected or appointed public officers of the respective counties and includes county council members, Levy Court Commissioners, clerks of the peace, members of the boards of assessment, receivers of taxes and county treasurers, collectors of delinquent taxes, registers of wills, sheriffs, recorders, and any other officer, board, commission, department or agency (other than a court or judge) whose jurisdiction is limited to a single county; provided, however, that the Prothonotaries of New Castle County, Kent County and Sussex County shall not be considered to be county offices.
9 Del. C. § 5409 — Delaware Code / Title 9 / Chapter 54 / Section 5409
§ Â
        5409.  Pledge of revenue from taxes on tax increment into other fund.
Status: in_force

The County may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall be paid into a special fund created by an issuing body for the payment or reimbursement of the debt service on other obligations. Such agreement shall be between the County and such issuing body and shall run to the benefit of and be enforceable on behalf of any holder of such other obligations.
9 Del. C. § 4137 — Delaware Code / Title 9 / Chapter 41 / Subchapter III / Section 4137
§ Â
        4137. Appropriations for county records and assessments.
Status: in_force

The county government may determine whether additional methods or procedures relating to county records and assessments are required for Kent County, and may direct the payment therefor from the general funds of the County.
9 Del. C. § 2699 — Delaware Code / Title 9 / Chapter 26 / Subchapter III / Section 2699
§ Â
        2699. Court review of land use actions; limitations on liability of individuals and associations.
Status: in_force

Any individual or association of individuals that challenges or opposes a zoning, subdivision or other land use application, and seeks judicial review of a decision concerning the application in a manner prescribed by statute, shall not be liable to any other party to the judicial review for seeking such a review, except for such costs as are expressly provided for by the rules of court.
9 Del. C. § 3201 — Delaware Code / Title 9 / Chapter 32 / Section 3201
§ Â
        3201. Title.
Status: in_force

This chapter shall be known as the “New Castle County Tax Increment Financing Act.”
9 Del. C. § 3507 — Delaware Code / Title 9 / Chapter 35 / Section 3507
§ Â
        3507. Powers of the neighborhood improvement district management association.
Status: in_force

Subject to available funding, and as provided for in this chapter and the agreement between the County and the NIDMA, a NIDMA has, in addition to any other powers provided pursuant to the charter establishing the nonprofit corporation, the power to:

(1) Sue or be sued, implead or be impleaded, complain, and defend in all courts.

(2) Employ necessary staff or contract for the provision of same.

(3) Prepare planning or feasibility studies or contract for the preparation thereof to assess enhanced services within the NID.

(4) Provide for enhanced services and related programs within the NID.

(5) Contract for the provision of enhanced services within the NID.

(6) Determine the appropriation and expenditure of NID funds, which may include federal, state, and county funds received by the Office of Finance on behalf of the NIDMA; provided that the funds must be administered by the Office of Finance on behalf of, and as directed by, the NIDMA and in accordance with any specific provisions contained in this chapter and the agreement between the County and the NIDMA. Such funds are to be used in connection with cost of services and to provide for enhanced services within the NID, including, district-wide snow removal, district-wide trash removal, and maintenance of open space.

(7) Solicit in-kind services or financial contributions from any owners of exempt property located within the NID in lieu of special assessment fees. This may include entering into voluntary agreements between the NIDMA and any owners of exempt property for the provision of same.

(8) Designate an optional district advisory committee, to be referred to as the District Advisory Council (“DAC”), for each NID. Each DAC must consist of an odd number of members, between 5 and 9, who are representative of the neighborhood’s character, including age, gender, and cultural diversity, and must include at least 2 nonexempt specially-assessed property owners.

(9) Obtain or apply for funds from any source for which the NID may be eligible, including grants and government programs. Any funds obtained from a source other than special assessments of nonexempt property owners must be used to offset the obligations of the nonexempt property owners in the NID.

(10) Engage in any action or advocacy in furtherance of the purposes of this chapter.
9 Del. C. § 1154 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1154
§ Â
        1154. Procedure for adoption of official map.
Status: in_force

(a) At the time of the presentation of the proposed official map or amendments thereto, an ordinance shall be introduced into the County Council for adoption of such map or amendment thereto.

(b) Not less than 30 days prior to the adoption of the ordinance, the County Council shall have given notice to the owner of any property affected by any line of a proposed street or any change in the line of any existing street. Such notice shall be by registered mail to the owner of record at the owner’s last known address and by publication in a newspaper of general circulation in the County.

(c) Prior to the adoption of the official map, the County Council shall advise the Department of Transportation of any proposed new street, or of the proposed change in the lines of any existing street. The County Council shall not proceed with the adoption of the ordinance until the Department has approved the proposed new street, or changes in the lines in existing streets, provided that the approval of the Department shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the proposed new street or change in the lines of existing streets, to the Department.
9 Del. C. § 3510 — Delaware Code / Title 9 / Chapter 35 / Section 3510
§ Â
        3510. Renewal and dissolution of a neighborhood improvement district.
Status: in_force

(a) Renewal of a NID. — (1) Prior to expiration of a sunset provision of a NID and following a review by County Council of the NID and the enhanced services provided therein, the County Council may extend the NID up to 5 years by voting to extend the ordinance with no changes to the Final NIDP.

(2) Following the review of the NID and the enhanced services provided therein, the County Council may consider an extension of the NID with changes to the Final NIDP. Such changes proposed prior to the end of a sunset provision are not considered amendments to the Final NIDP for purposes of this chapter and may be made through the procedure for adopting a Proposed Final NIDP under § 3505(d) through (f) of this title.

(b) Dissolution upon expiration of the ordinance. —

Upon the expiration of the ordinance under the sunset provision required under § 3505(c)(3)d. of this title, unless the NID has earlier been renewed by the Council under subsection (a) of this section, the NID must be dissolved, subject to the provisions of subsections (d) and (e) of this section.

(c) Request for dissolution. — (1) A request for dissolution of a NID may be initiated by a nonexempt specially-assessed property owner or the County by means of a petition in a form established by the County. The County Council must hold a hearing to consider the request, consistent with the hearing and approval procedures set forth in this chapter to amend a Final NIDP.

(2) The request must be approved by at least 51% of specially-assessed property owners within the NID.

(d) Upon the dissolution of a NID, subject to the final audit under subsection (e) of this section, the property of the NID will pass as set forth in the county ordinance, with all unencumbered funds, if any, to be divided pro rata among the specially-assessed property owners consistent with applicable law and any agreement between the NIDMA and the County, and the NID will cease to exist.

(e) Final audit. —

Upon dissolution of a NID, the County Auditor or designee thereof, or an entity identified by County Council, must perform a final audit, and the audit results must be provided to all property owners and lessees of property in the NID and to County Council within 6 months after dissolution of the NID.
9 Del. C. § 1112 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1112
§ Â
        1112. Qualifications.
Status: in_force

The County Executive shall be a citizen of the United States, a qualified elector of New Castle County, and shall have been a resident of New Castle County for at least 5 years immediately preceding his or her election. Removal from the County as a resident shall be construed as vacating the office of County Executive. The County Executive shall be no less than 27 years old when elected to the office of County Executive.
9 Del. C. § 517 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 517
§ Â
        517. Rejection and acceptance of bids; opinion required.
Status: in_force

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

(b) The bonds shall not be offered for sale until the attorney for the county government has submitted that attorney’s opinion in writing that the bonds have been validly authorized in accordance with the provisions of this subchapter.
9 Del. C. § 4922 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4922
§ Â
        4922. Conflict between zoning regulations and other laws.
Status: in_force

(a) Whenever any regulations made under authority of this subchapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute or local regulations, the provisions of the regulations made under authority of this subchapter shall govern. Whenever the provisions of any other statute or local regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this subchapter, the provisions of such statute shall govern.

(b) Whenever any other statute shall derogate from this subchapter, unless it be a statute granting powers to the State Planning Office, this subchapter shall govern.
9 Del. C. § 2607 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2607
§ Â
        2607. Changes in zoning district, plan or regulations; procedure.
Status: in_force

(a) The County Council may, from time to time, make amendments, supplements, changes, modifications (herein called “changes”), in accordance with a comprehensive development plan adopted pursuant to Chapter 13 of this title, with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Department of Land Use.

(b) With respect to any proposed changes, the Department of Land Use shall hold at least 1 public hearing, notice of which hearing shall be published at least 7 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined.

(c) Unless such Department of Land Use shall have transmitted its report upon the proposed changes within 45 days after the submission thereof to it, the County Council shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Department of Land Use. In any event, the County Council shall not be bound by the report of the Department of Land Use. Before finally adopting any such changes, the County Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given by at least 1 publication in a newspaper of general circulation in the County.
9 Del. C. § 313 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 313
§ Â
        313. Use of mobile homes on farms.
Status: in_force

Every owner of a farm of less than 50 acres shall be permitted to have 1 mobile home located on said farm and every owner of a farm of 50 acres or more shall be permitted to have 2 mobile homes located on said farm. Such mobile homes shall be used and inhabited by any person or persons so permitted by the owner.
9 Del. C. § 914 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 914
§ Â
        914. Impounding of dog running at large [Transferred].
Status: in_force

Transferred to § 3054F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 4510 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4510
§ Â
        4510. Penalties for failure to pay charges.
Status: in_force

(a) In the event that a service charge with regard to any parcel of real property is not paid as and when due, interest shall accrue and be due to the County on the unpaid balance at the rate of 1 percent per month until the service charge, and the interest thereon, shall be fully paid to the County.

(b) In the event that any service charge with respect to any parcel of real property is not paid as and when due, the county government may, in its discretion, enter upon such parcel and cause the connection thereof leading directly or indirectly to the water system to be cut and shut off until the service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon is fully paid.
9 Del. C. § 714 — Delaware Code / Title 9 / Chapter 7 / Subchapter II / Section 714
§ Â
        714. Canvass of returns.
Status: in_force

The judges at such organization election shall make return thereof to the county government. The county government shall canvass such returns and shall enter a resolution upon the records of the county government determining and declaring the results of the election.
9 Del. C. § 9103 — Delaware Code / Title 9 / Chapter 91 / Section 9103
§ Â
        9103. Record books and supplies.
Status: in_force

The county government of each county shall provide for the county offices in their respective counties, the necessary record books, cases, seals and supplies for the use of the offices, for the preservation and security of the public records, the convenience of business, and for public accommodation.
9 Del. C. § 8003 — Delaware Code / Title 9 / Chapter 80 / Section 8003
§ Â
        8003. Time and method of levying county tax [For application of this section, see 85 Del. Laws, c. 132, Â 5].
Status: in_force

(a) After the respective county governing body has fixed the county tax rate, it shall levy the county tax for the next fiscal year according to the county tax rate applied to the most recent assessment list in the county.

(b) The county governing bodies shall levy the county tax not later than the following dates: In New Castle County, June 1; in Kent County, June 30; and in Sussex County, July 1.
9 Del. C. § 4706 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4706
§ Â
        4706. Execution and record of bonds.
Status: in_force

The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County Treasurer, the President of the county government and the clerk of the peace of Kent County, and shall be under the seal used by the county government. Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and County Treasurer and the county government shall keep a record of the bonds.
9 Del. C. § 3212 — Delaware Code / Title 9 / Chapter 32 / Section 3212
§ Â
        3212. Nature and incidents of bonds.
Status: in_force

(a) Form of bond; deemed “securities”. — All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a “security” within the meaning of § 8-102 of Title 6, whether or not it is either 1 or a class or series or by its terms is divisible into a class or series of instruments.

(b) Signing and sealing. — All bonds shall be signed manually or in facsimile by the county executive, and the seal of the county shall be affixed thereto and attested by the chief financial officer or other administrative officer of the county. If any officer whose signature or countersignature appears on the bonds ceases to be such officer before delivery of the bonds, that officer’s signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if that officer had remained in office until delivery.

(c) Maturity. — All bonds shall mature not later than 30 years from their date of issuance.

(d) Sale. — All bonds shall be sold in such manner, either at public or private sale and upon such terms as the governing body of the issuer deems best. Any contract for the acquisition of property may provide that payment shall be made in bonds.

(e) Bonds issued are securities. — Bonds issued under this chapter are securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, State banks and trust companies, national banking associations, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.

(f) Bonds are nonrecourse to the county and shall only be paid from TIF and SDD assessments permitted by this Chapter 32 and Chapter 33 of this title.
9 Del. C. § 8405 — Delaware Code / Title 9 / Chapter 84 / Subchapter I / Section 8405
§ Â
        8405. Compensation.
Status: in_force

In Kent County, the Receiver of Taxes and County Treasurer of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court.
9 Del. C. § 4959 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4959
§ Â
        4959. Legal status of comprehensive plan.
Status: in_force

(a) After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court in conformity with this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with land development regulations enacted to implement the other elements of the adopted comprehensive plan.

(b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development, development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when full compliance with this subchapter is required.

(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing at the time of such application.

(d) All development permits and development orders heretofore or hereafter validly issued or approved by county government and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or approval.

(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance was determined.
9 Del. C. § 8771 — Delaware Code / Title 9 / Chapter 87 / Subchapter IV / Section 8771
§ Â
        8771. Sale of land; notice; certificate.
Status: in_force

(a) For the purpose of collecting the tax of any taxable, and without the necessity of first employing other remedies, the tax collecting authority may sell the lands and tenements of any taxable, or the lands and tenements of any taxable alienated by the taxable subsequent to the levy of such tax, in the manner provided for in this section.

(b) The tax collecting authority shall deposit in the mail in a sealed wrapper sufficiently stamped, an itemized tax bill, together with a notice to the taxable that he or she will proceed to sell the lands and tenements of the taxable for the payment of the tax, addressed to the taxable at the taxable’s last known post-office address, if such can be reasonably ascertained.

(c) The tax collecting authority shall file in the office of the prothonotary a certificate under his or her hand and seal, containing:

(1) The name of the taxable;

(2) The assessment of the property of the taxable as it appears upon the tax duplicate;

(3) The year for which the tax was levied;

(4) The rate of tax;

(5) The total amount due;

(6) The date from which the penalty for nonpayment shall commence and the rate of such penalty;

(7) A short description of the lands and tenements proposed to be sold, sufficient to identify the same;

(8) The address of the taxable, if ascertainable as aforesaid;

(9) That a tax bill and notice has been mailed to such taxable, and the date of such mailing.

(d) Upon the filing of such certificate the Prothonotary shall record the same in a properly indexed record to be known as “Tax Sale Record,” and shall endorse upon the record of said certificate the following: “The certificate filed the . . . . . . . . . . day of . . . . . . . . . . A. D. . . . . . . . . . . (giving the day and year), and the tax collecting authority shall therefore proceed to sell the lands and tenements herein mentioned, or a sufficient part thereof, for the payment of the tax due.” The endorsement shall be signed by the Prothonotary.
9 Del. C. § 1302 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1302
§ Â
        1302. Definitions.
Status: in_force

In this subchapter:

(1) “Inspection” shall mean any inspection, test or examination to which any person is subject as an applicant for, or a holder of, a license, or to which any property is subject under any statute, ordinance or regulation which it is the duty of the County Executive or of any other officer, department or board to enforce.

(2) “License” shall mean any license or permit required by statute, ordinance or regulation to be obtained from any county officer, department or board as a prerequisite to engaging in any activity or having possession of or using any property.
9 Del. C. § 7106 — Delaware Code / Title 9 / Chapter 71 / Section 7106
§ Â
        7106. Violation of property maintenance ordinances, rules, and regulations or chapter; notices and orders.
Status: in_force

(a) For the purpose of enforcing compliance with the provisions of the property maintenance ordinances, rules, and regulations, and removing illegal, unhealthy, or unsafe conditions, the Sussex County Council, or its designee, may issue such rules, notices, or orders as may be necessary.

(b) Whenever the Sussex County Council, or its designee, is satisfied that a person responsible has committed an offense against the property maintenance ordinances, rules, or regulations, or other provision of the Sussex County Code that constitutes a threat to the public health, safety, or welfare, or of an order of the Sussex County Council, or its designee, the Sussex County Council, or its designee, may serve a written notice or order upon the person responsible, directing discontinuance of each illegal action and the remedying of the condition that is in violation of the ordinances, rules, or regulations, as adopted by the Sussex County Council.

(c) No person, having been served with such a notice or order, shall fail to comply with the requirements thereof within the time stated therein, or within 15 days if no time is provided, unless the Sussex County Council, or its designee, determines that such violation cannot be cured within such time and clearly delineates additional time for compliance.
9 Del. C. § 3509 — Delaware Code / Title 9 / Chapter 35 / Section 3509
§ Â
        3509. Annual audit, report, and meeting; additional audits.
Status: in_force

(a) The County Auditor or designee thereof, or an entity identified by County Council must annually audit all funds received and expended by or on behalf of the NIDMA. The audit results must be made electronically available to each owner of property and lessees thereof located in the NID, all county departments as determined by County Council, and the County Council within 6 months after the end of each fiscal year.

(b) The NIDMA must annually provide a report, in electronic format, including financial and programmatic information and a summary of the annual audit findings as required in subsection (a) of this section to the County and to all owners of property and lessees of property located in the NID, by no later than the annual meeting of the NIDMA, which must be held each year no later than February 28.

(c) In addition to the annual audit required under subsection (a) of this section, the County may require additional audits as the County Council, in consultation with the County Auditor or designee thereof, deems appropriate.
9 Del. C. § 753 — Delaware Code / Title 9 / Chapter 7 / Subchapter IV / Section 753
§ Â
        753. Collection and deposit of park district taxes.
Status: in_force

(a) The department of finance or receiver of taxes and county treasurer shall collect such taxes in the same manner and at the same time as provided by law for the collection of taxes for other purposes; provided, however, that in New Castle County the Department of Finance shall allow no abatement or discount upon any taxes levied by park district purposes required to be delivered by them; and shall after the September 30 in the year in which the tax rolls shall be delivered to them, add to the taxes to be paid a penalty of one half of 1 percent per month until the same shall be paid.

(b) All money so collected shall be paid to the treasurer of the park district and shall be deposited by said treasurer in accordance with the provisions of § 771 of this title.
9 Del. C. § 3008 — Delaware Code / Title 9 / Chapter 30 / Section 3008
§ Â
        3008. Improvements private until dedicated.
Status: in_force

The approval of a plan by the Commission and by the County Council shall, when recorded, be deemed and taken as acceptance of the intended dedication of the streets, grounds or other improvements appearing thereon to the public use by appropriate governmental body or agency. The approval of a plan shall not impose any duty or obligation upon the County Council or any other public agency to improve, repair, or maintain the streets, grounds or other improvements appearing on the plan. The Commission may adopt and the County Council may approve such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation or by an appropriate public agency.
9 Del. C. § 4807 — Delaware Code / Title 9 / Chapter 48 / Section 4807
§ Â
        4807. Master plan of District.
Status: in_force

(a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to be incorporated in the road system, together with the indication of their existing and proposed widths; existing and proposed county parks, playgrounds, parkways, and other recreation places; existing and proposed county airways, aviation fields and other county open places; existing and proposed sites for county buildings; and such other features as may come wholly or partially within county jurisdiction; and in addition, similar elements of the plan existing and proposed within city or town as have or are likely to bear an important relation to the above county features. Such master plan shall be a public record, but its purpose and effect shall be solely as an aid to the Commission in the performance of its duties.

(b) The Commission may, from time to time, amend, extend or add to the master plan.

(c) The master plan may cover areas within the corporate limits of any city or town in Kent County, to the extent that such areas shall be deemed, in the judgment of the Commission, to be related to the planning of the District. The master plan shall have no legal effect in such areas except as in pursuance of a request for the inclusion of such area within the District as provided in § 4802 of this title.

(d) The Commission shall encourage the cooperation of the cities and towns within Kent County in any matter concerning the master plan and, if requested, shall advise the governing body or authority of any city or town in Kent County with respect thereto.
9 Del. C. § 5414 — Delaware Code / Title 9 / Chapter 54 / Section 5414
§ Â
        5414. Taxation of leased property in TIF District.
Status: in_force

Whenever the County, as lessor, leases its property within the TIF District, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes or payments in lieu of taxes upon the assessed value of the entire property and not merely the assessed value of the leasehold interest.
9 Del. C. § 6958 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6958
§ Â
        6958. Evaluation and appraisal of comprehensive plan.
Status: in_force

(a) The comprehensive plan or amendments or revisions thereto shall be submitted to the Governor or designee at such time as the plan is made available for public review. The County shall provide sufficient copies for review by the Cabinet Committee on State Planning Issues. Within 30 days of plan submission, the Cabinet Committee on State Planning Issues shall conduct a public meeting, at which time the County shall make a presentation of the plan and its underlying goals and development policies. Following the public meeting the plan shall be subject to the state review and certification process set forth in § 9103 of Title 29.

(b) The State shall not be obligated to provide state financial assistance or infrastructure improvements to support land use or development actions by the county where the county’s adopted comprehensive plan or portions thereof are determined to be substantially inconsistent with State development policies.

(c) The planning programs shall be a continuous and ongoing process. The local planning agency shall prepare a report on the progress of implementing the comprehensive plan, which shall be sent to the Office of State Planning Coordination each year after adoption of the comprehensive plan. The report shall be due annually no later than on each anniversary of the effective date of the most recently adopted comprehensive plan or plan update until January 1, 2012, and annually no later than July 1 each year thereafter starting on July 1, 2012. The Cabinet Committee shall forward the report to the Office of State Planning Coordination, which will evaluate it in the context of state goals, policies and strategies, and the plans of other jurisdictions. The Office of State Planning Coordination will integrate the information, land use trends, and changing conditions found in the County’s report into the annual report of the Cabinet Committee, which is to be prepared as specified in § 9101(d), Title 29. It is the intent of this subchapter that periodic updates on amendments to and the implementation of adopted comprehensive plans be communicated through the evaluation and appraisal reports to ascertain trends, monitor implementation and foster ongoing coordination.

(d) The report shall present an assessment and evaluation of the success or failure of the comprehensive plan or element or portion thereof, and shall contain appropriate statements (using words, maps, illustrations or other forms) related to:

(1) The major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses in the area.

(2) The condition of each element in the comprehensive plan at the time of adoption and at date of report.

(3) The comprehensive plan objectives as compared with actual results at date of report.

(4) The extent to which unanticipated and unforeseen problems and opportunities occurred between date of adoption and date of report.

(e) The report shall include reformulated objectives, policies and standards in the comprehensive plan or elements or portions thereof.

(f) The Cabinet Committee may prescribe a format and guidelines for the preparation of the County’s report. Should the Cabinet Committee elect to do so, the Office of State Planning Coordination shall assist the Committee in the development and administration of such guidelines.
9 Del. C. § 2651 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2651
§ Â
        2651. Short title; intent and purpose.
Status: in_force

(a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize and strengthen the existing role, processes and powers of County Councils in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of County Council can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions.

(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State and to encourage and assure coordination of planning and development activities of units of County Council, municipalities, regional agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
9 Del. C. § 8725 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8725
§ Â
        8725. Issuance and form of writ of venditioni exponas.
Status: in_force

(a) At any time after the expiration of 20 days following the return of the sheriff upon the monition, unless before the expiration of the 20 days the judgment and cost on the judgment shall be paid or evidence of the payment of such taxes evidenced by a receipted tax bill or a duplicate thereof bearing date therefor prior to the filing of the lien for record in the office of the prothonotary, upon application in writing by the tax collecting authority, a writ of venditioni exponas shall issue out of the office of the prothonotary directed to the sheriff commanding the sheriff to sell the property mentioned or described in the writ and make due return of such proceedings thereunder in the same manner as is now applicable with respect to similar writs of venditioni exponas issued out of the Superior Court. The property shall be described in the writ under the description thereof as it appears on the assessment rolls and by metes and bounds where obtainable, but nothing herein contained shall be construed to invalidate a writ or a sale pursuant thereto containing only the description as it appears on the assessment rolls or a writ bearing only a description by metes and bounds.

(b) The writ shall be substantially in the following form:

NEW CASTLE (KENT) (SUSSEX) COUNTY, SS.

The State of Delaware.

TO THE SHERIFF OF ________________________________COUNTY,

GREETINGS:

WHEREAS, by a Monition issued out of the Superior Court dated at ________________________________, the ________________ day of ________________ A.D. 20.________, IT WAS COMMANDED, that you should post the said Monition or copy thereof upon the real estate therein mentioned and described, and make a return to the said Superior Court within ten days after said posting.

That on the .________________________________ day of ________________A.D. 20. ________, you returned that a copy of the said Monition was posted on the real estate therein mentioned and described on the ________________________________ day of ________________A.D. 20. ________.

We therefore now command you to expose to public sale, the real estate mentioned and described in said Monition as follows: ________________________________ and that you should cause to be made as well a certain debt of ________________ Dollars ($________) lawful money of the United States, which to the said Department of Finance of New Castle (Sussex) County (Receiver of Taxes for Kent County), is due and owing, as also the sum of ________________ Dollars ($.________) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said ________________________________ was convicted as it appears of record and against which said property it is a lien:

And have you that money before the Judges of our Superior Court at ________________________________, on Monday the ________________ day of Next, to render to the said Department of Finance of New Castle (Sussex) County (Receiver of Taxes for Kent County) as aforesaid, for its debt and costs as aforesaid, and this writ:

WITNESSETH, the Honorable ________________________________ at ________________, the ________________ day of . . . . . . A.D. 20________

________________________________________________________________Prothonotary

Issued:

(c) The description contained in such monition shall be a sufficient description of the real estate to be sold under such writ.
9 Del. C. § 9203 — Delaware Code / Title 9 / Chapter 92 / Section 9203
§ Â
        9203. Payment of salaries.
Status: in_force

The salaries of deputies and clerks, payable by Kent County, shall be paid to them by warrants drawn by the government of Kent County on the Receiver of Taxes and County Treasurer, upon the certificate in writing of the officer employing them that they have faithfully performed their duties during the preceding month.
9 Del. C. § 8353 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8353
§ Â
        8353. Park operators to give copy of law and application to owners.
Status: in_force

Each mobile home park operator shall be furnished with copies of this subchapter and placement permit application forms and shall then be obliged to give a copy of this subchapter and a placement permit application to every mobile home owner who moves a mobile home into the operator’s park, before the fifteenth day of the next succeeding month after placement.
9 Del. C. § 4413 — Delaware Code / Title 9 / Chapter 44 / Section 4413
§ Â
        4413. Exceptions.
Status: in_force

This chapter, except for § 4403 of this title, shall not apply to structures and properties located within any incorporated city or town in Kent County which has adopted and enforces a building code and building permit procedures.
9 Del. C. § 802 — Delaware Code / Title 9 / Chapter 8 / Subchapter I / Section 802
§ Â
        802. Public library collection development policy.
Status: in_force

(a) For purposes of this section, “library” includes all libraries established, administered, or controlled by a county library agency under § 800 of this title.

(b) All libraries must adopt and follow a written collection development policy as required by § 8734 of Title 29.

(c) The governing body of a library may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee or contractor for acting in a manner consistent with the Delaware public library collection development principles under § 8734 of Title 29 or the written collection development policy required by § 8734 of Title 29.
9 Del. C. § 6104 — Delaware Code / Title 9 / Chapter 61 / Section 6104
§ Â
        6104. Salaries of clerks.
Status: in_force

The county government may fix the compensation of clerks employed in the several county offices in all cases where clerical assistance is, by law, authorized to be employed in those offices and in respect of which no salary or compensation has been fixed by law.
9 Del. C. § 349 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 349
§ Â
        349. Public advertising and notices.
Status: in_force

Notwithstanding any provision to the contrary, public advertising and notices by any county in the State of any nature may include use of the State’s “electronic procurement advertising system” required by § 6902(12) of Title 29 or other website allowing for the electronic posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of Title 29.
9 Del. C. § 530 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 530
§ Â
        530. 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 § 527 of this title, mail to each freeholder in the suburban community a bill for the proportionate annual amount of the special assessment or levy.
9 Del. C. § 6953 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6953
§ Â
        6953. Scope of subchapter.
Status: in_force

(a) The County shall have power and responsibility:

(1) To plan for its future development and growth.

(2) To adopt and amend comprehensive plans, or elements or portions thereof, to guide its future development and growth.

(3) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof. In furtherance of the authority to adopt, amend and implement comprehensive plans or elements or portions thereof to guide and control future growth, counties are expressly granted the authority to develop and adopt regulations governing the transfer of development rights from identified districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a County exercises its authority to provide for the transfer of development rights it shall:

a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;

b. Provide for the transfer of development rights as an option to the use and development of the subject property according to the otherwise applicable zoning ordinance;

c. Limit designation of receiving areas to locations where the County has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth;

d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and Statewide Planning Goals and Objectives established pursuant to Chapter 91 of Title 29; and

e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.

(4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this subchapter.

(b) Each county government shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter.
9 Del. C. § 8607 — Delaware Code / Title 9 / Chapter 86 / Section 8607
§ Â
        8607. Bills and receipts; New Castle County.
Status: in_force

(a) Each year the Office of Finance for New Castle County shall prepare tax bills showing the amount of tax due. Such bill shall show the amount of tax levied on each parcel of real estate or that the taxes cover several parcels and shall describe each parcel according to the description thereof appearing upon the assessment list.

(b) The Office of Finance for New Castle County may at any time after the duplicates of the assessment lists are delivered to it, prepare the necessary receipts for any or all taxables appearing on the duplicate, omitting the signing and sealing of the receipts so that upon payment of any tax by any taxable, a proper receipt therefor may be furnished without unnecessary delay, which receipt when delivered upon the payment of taxes shall show the amount of the assessment, distinguishing real, and capitation assessments, and the rate of taxes payable to the County and the discount or additional percentage as the case may be, on the payments. Each receipt shall have a corresponding stub and the Office of Finance shall make the same entries on the stub attached to each receipt as are contained in each receipt.
9 Del. C. § 2614 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2614
§ Â
        2614. Changes in zoning.
Status: in_force

(a) Unless the Department of Land Use recommends approval of a rezoning, the County Council shall not change the zoning for any parcel of land without the County Council approving such change in zoning by a concurrence of two thirds of all members elected to the County Council.

(b) Any rezoning which is approved subject to restrictions shall require a two-thirds vote of all members elected to the County Council to release, remove or change such restrictions, unless the Department of Land Use recommends approval of the release, removal or change of said restrictions, in which case a simple majority of all members elected to the County Council shall be required.
9 Del. C. § 8433 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8433
§ Â
        8433. Duties and liability of retiring officers with respect to uncollected taxes.
Status: in_force

(a) The receiver of taxes and county treasurer or director of finance, upon the expiration of his or her term of office, shall retain, have and possess, all and the same rights, powers and remedies, and be subject to all and the same duties, obligations, responsibilities and penalties, with respect to the collection of all taxes remaining outstanding and uncollected on his or her tax duplicates and warrants for any years during his or her term of office, as is provided by law with respect to an incumbent receiver of taxes and county treasurer or director of finance. In any legal proceeding for the collection of any of the outstanding and uncollected taxes, or in any proceeding against the receiver of taxes or director of finance or his or her surety, it shall be no objection to any such proceeding that the term of office of the receiver of taxes or director of finance has previously expired.

(b) The retiring receiver of taxes and county treasurer or director of finance shall occupy jointly with the incoming receiver of taxes and county treasurer or director of finance the tax office at the county courthouse until such time as the retiring receiver of taxes or director of finance has duly collected all of the taxes remaining outstanding and uncollected on his or her tax duplicates and warrants, and until such time and in such manner as the county government directs.

(c) The clerks authorized by law for the receiver of taxes and county treasurer or director of finance shall also serve as clerks for the retiring receiver of taxes, if the latter shall so request, without additional compensation and for such time as the county government directs. The retiring receiver of taxes or director of finance shall be responsible under his or her bond for any and all neglects and defaults of any of the said clerks and may require any such clerk to enter into a bond with surety for the faithful performance of his or her duties in the manner that clerks are required to give bond to the receiver of taxes and county treasurer or director of finance.

(d) The county government may settle any dispute that arises between the receiver of taxes and county treasurer or director of finance and the retiring receiver of taxes or director of finance, or between either or both of the officers and any or all of the clerks, and to withhold the salary or compensation of any of the officers or clerks until such time as any such dispute has been fully settled.

(e) Nothing in this section shall be construed to relieve the retiring receiver of taxes or director of finance or his or her surety from any responsibility whatever under the bond provided for by law for such officer, but the bond shall remain in full force and effect after the expiration of his or her term of office, and until he or she has fully accounted for all taxes remaining outstanding and uncollected on his or her tax duplicates and warrants, and until released by the county government after such full accounting as provided by law.