9 Del. C. § 7002 — Delaware Code / Title 9 / Chapter 70 / Section 7002
§ Â
        7002. County government.
Status: repealed

(a) Number and term. — The county government shall consist of 5 members. Unless otherwise provided by law, elected officials of the county governing body shall serve a term of 4 years, or until their successors have been elected and take office. Such officials shall take office on the first Tuesday in January following their election.

(b) Qualifications. — Such officials shall be citizens of the United States and qualified electors of the County. They shall be residents of the district from which they are elected or, in the event of redistricting of the district as adjusted, for at least 1 year prior to their election. The county government shall be the judge of the qualifications of its members.

(c) Prohibitions. — Except where authorized by law, no such official shall hold any other county or state office or employment by the county or state government during the term for which such official was elected to the county government. No former official shall hold any compensated appointed county office or employment until 1 year after the expiration of the term for which the official was elected to the county government.

(d) Salary and expenses. — The annual salary of each elected official shall be set and determined by the county government during the consideration and adoption of the annual operating budget ordinance. Such officials shall receive their actual and necessary expenses incurred in the performance of their duties of office.

(e) Officers of county government. — The county government shall elect annually at its first regular meeting in January, among its members, officers of the county government who shall have the titles of President of the county government and Vice-President of the county government. The President of the county government shall preside at meetings of the government and shall be recognized as head of the county government for all necessary purposes. The Vice-President of the county government shall act as the President of the county government during the absence or disability of the President.

(f) Powers of county government. — All powers of the County shall be vested in the county government, except as otherwise provided by this title or other laws of this State, and the county government shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the County by law.

(g) Vacancies. — (1) The office of an elected official of the county governing body shall become vacant upon the elected official’s death, resignation, removal from office in any manner authorized by law, or forfeiture of the elected official’s office in a manner set forth below.

(2) The office of such official shall be deemed to have been forfeited should the incumbent at any time during the official’s term of office:

a. Lack qualifications for the office prescribed by this chapter or other law of the State;

b. Remove the official’s residence from the district from which the official was elected;

c. Violate any express prohibitions of this title; or

d. Be convicted of a crime involving moral turpitude.

(3) When a vacancy occurs in the office of such official, the county government shall certify that a vacancy exists. The vacancy shall be filled for the unexpired term by a majority vote of all the remaining members of the county government. They shall appoint a qualified person to fill the vacancy for the unexpired term from the district where the vacancy occurred; provided that every vacancy shall be filled by a person of the same political party as that of the person whose unexpired term is being filled.

(4) If the county government fails to fill a vacancy within 30 days after the occurrence thereof, the Department of Elections shall call a special election in the district where the vacancy occurred; said election shall be for the unexpired term and shall be held within 90 days from the commencement of the vacancy.

(h) Clerk of county government. — The county government shall appoint and fix the salary of a Clerk of the county government who shall keep the journal of its proceedings, and perform such other duties as are assigned to the Clerk by this title or by the county government. The county government may provide for employees to serve in the office of the Clerk of the county government.

(i) Investigations. — The county government 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 government shall be punishable in accordance with a schedule of fines and imprisonment established by the county government.

(j) Independent audit. — The county government shall provide for an independent annual audit of all county accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or any of its officers. The county government may, without requiring competitive bids designate such accountant or firm annually or for a period not exceeding 3 years, provided that the designation for any particular fiscal year shall be made no later than 30 days after beginning of such fiscal year.

(k) Procedure. — (1) The county government shall meet regularly. The place and dates of such meetings shall be established by the county government as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on the call of the President of the county government or of a majority of the members of the county government in accordance with rules adopted as a part of the rules of procedure of the county government.

(2) The county government shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings which shall be a public record.

(3) Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. A majority of all members of the county government shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the county government. No action of the county government, except as otherwise provided in this title, shall be valid or binding unless adopted with the concurrence of a majority of all of the members of the county government.

(l) Actions required by ordinance. — All actions of the county government which shall have the force of law shall be by ordinance.

(m) Ordinances generally. — (1) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance, except those relating to the budget or appropriation of funds and those relating to the adoption or revisions of the County Code shall contain more than 1 subject which shall be clearly expressed in its title. The enacting clause shall be “The County of Sussex hereby ordains.” Any ordinance which repeals or amends an existing ordinance or part of the County Code shall set out in full that part of the ordinance, sections or subsections to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.

(2) An ordinance may be introduced by any member at any regular or special meeting of the county government. Upon introduction of any ordinance, the Clerk of the county government all distribute a copy to each elected official of the county body and to the County Administrator; shall file a reasonable number of copies in the office of the Clerk of the county government and such other public places as the county government may designate; shall in 2 newspapers of general circulation in the county publish in bold type the ordinance or the title thereof together with a notice setting out the time and place for a public hearing thereon by the county government; and shall produce a sufficient number of copies thereof to meet reasonable demands therefor by interested citizens and others who may be affected by said ordinance. The public hearing shall follow the publication by at least 15 days; may be held separately or in connection with a regular or special county government meeting and may be adjourned from time to time and all persons interested will have a reasonable opportunity to be heard. The county government may make rules governing the holding of public hearings. After the public hearing the county government may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance which is not embraced within the title of the ordinance, the county government may not adopt it until the ordinance or its amended sections have been subjected to all of the procedures hereinbefore required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Clerk of the county government shall number the ordinance and have it, or its title, published again, together with a notice of its adoption.

(3) Except as otherwise provided in this title, every adopted ordinance shall become effective immediately unless the ordinance itself stipulates a different date.

(n) Consideration and adoption of the annual operating budget ordinance. — (1) The county government, upon receipt of the proposed operating budget from the County Administrator, shall immediately publish a notice in all newspapers of general circulation in the County, setting forth:

a. A summary of the estimated revenues and expenditures;

b. The details of recommended new sources of revenue or increased rates of existing taxes, licenses, fees or other revenue;

c. That copies of the budget are available at the office of the Clerk of the county government;

d. The date, time and place at which the county government will commence its public hearings upon the proposed budget, which shall be not less than 21 days after the date of publication of such notice.

(2) The county government, upon conclusion of its public hearings but not later than July 1, shall adopt the operating budget ordinance in the form submitted by the County Administrator unless the county government shall have established additional general classes of expenditures for purposes of appropriation. The county government may increase, decrease or delete any item of appropriation recommended by the County Administrator. Upon concurrence of its members, the county government may add new items of appropriation.

(3) Amendments to the annual operating budget ordinance shall be considered and approved by the county government.

(o) Emergency ordinances. — To meet a public emergency affecting life, health, property or the public peace, the county government may adopt emergency ordinances, but such ordinances may not levy taxes, grant, review or extend a franchise, or authorize the borrowing of money except to issue emergency notes as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective immediately upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

(p) Budgets of revenues. — (1) The county government, at the meeting at which the annual operating budget ordinance is adopted and within the limits of its power and subject to other provisions of this title, shall ordain such taxes and other revenue measures as will yield sufficient revenue which, together with any available surplus, will balance the budget.

(2) Revenues shall be estimated only upon the bases of the cash receipts anticipated for the fiscal year.

(3) The estimated yield from each item of revenue and of the amounts of surplus to be used in the balancing of the budget shall be provided to the county government by the County Administrator. However, nothing in this paragraph shall exempt these proposed revenue measures from being proposed in accordance with subsection (m) of this section.

(q) Official map of the County. — (1) There is established an official map of Sussex County. The Planning and Zoning Commission as provided in subsection (a) of § 6809 of this title shall be the custodian of such map. The map shall show the location and lines of the public roads, easements, water courses, public lands and zoning districts within the County presently existing or established by law at the time of the preparation and setting up of the map and shall also show the location of the lines of the roads, easements, watercourses, public lands and zoning districts which have been approved by the county government.

(2) The Planning and Zoning Commission of Sussex County shall review the official map or any amendment, extension or addition thereto. After public hearing the Commission shall submit the official map or such amendment, extension or addition thereto along with its comments, to the county government. The county government shall not be bound by the report of the Commission and the county government may add, change or delete any portions of the proposed map, amendments, extension or addition thereto as it sees fit. If the official map, or amendment, extension or addition thereto shall pertain to the road system of or any road in Sussex County, the official map and any amendment, extension or addition thereto shall also be submitted to the Department of Transportation for its review and recommendation prior to adoption by the county government. If adopted by the county government, the map shall be recorded in the Recorder’s office within 30 days after such action.

(3) The county government may, from time to time, amend, extend, add to or remove from the official map all roads established or vacated by law, provided that the same review process of the proposed action for amendment, extension or addition of the official map indicated in this section shall be followed.

(r) Authentication, recording, codification and printing of ordinances. — (1) The Clerk of the county government shall authenticate by the Clerk’s signature and record in full, in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the county government.

(2) Within 5 years after the commencement of the system of government provided herein, and at least every 5 years thereafter, the county government shall provide for the preparation of the general codification of all county ordinances having the force and effect of continuing law. The general codification shall be adopted by the county government by ordinance and shall be published promptly in bound or loose-leaf form, together with pertinent provisions of the Constitution and other laws of this State applicable to Sussex County, and such codes of technical regulations and other rules and regulations as the county government may specify. This compilation shall be known and cited officially as the Sussex County Code. Copies of the County Code shall be distributed as directed by the county government.

(3) The county government 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 government. Subsequent to the publication of the first Sussex 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 government 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 the State or the codes of technical regulations included in the County Code.

(s) Adoption of pay plans. — (1) All persons employed by the County or by any of its boards, whether as officers or otherwise, and paid either in part or in whole from appropriations made by the county government, except those whose compensation is fixed by state law, shall be compensated only in accordance with pay plans adopted by the county government.

(2) Promptly upon receipt from the County Administrator of any recommendation of measures for the establishment or amendment of a pay plan or portions thereof for persons in the classified service, the President of the county government may introduce an ordinance for the adoption of such recommendations. Not later than 60 days after receipt of such recommendations, the county government shall adopt or reject them as submitted or adopt them in such amended form as the county government may provide.

(t) Creation of debt; authorization, procedures, debt limitation and anticipation borrowing. — (1) The county government shall exercise all powers heretofore vested in the county government of Sussex County in connection with the creation of debt, and shall have the power to authorize the issuance of bonds and notes of Sussex County to finance the cost of any object, program or purpose for which Sussex County, or any officer, department, board or agency thereof, is, by this title or by any other law, authorized to raise, appropriate or expend money, or for the implementation and performance of functions, programs and purposes specified in this title or in any other law applicable to Sussex County; provided however, that the county government shall not have authority to create or to authorize the creation of any bonded indebtedness for any of the following purposes: The payment of any operating expenses; the payment of any judgment resulting from the failure of the County to pay any item of operating expense; or the payment for any equipment or any public improvements of a normal life of less than 3 years. The foregoing limitations shall not apply should the county government unanimously declare the existence of any emergency due to public calamity. The term “bonded indebtedness” shall not include the promissory notes issued pursuant to lines of credit for short-term borrowing purposes. “Short-term borrowing purposes” shall include borrowings with a term of not to exceed 5 years from date of such note, or a note that is payable upon demand of the obligee.

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

(3) Bonds and notes issued pursuant to this chapter shall be authorized by ordinance of the county government approved by not less than 4/5 of all of the members thereof; provided however, that the county government shall be authorized by resolution approved by a majority of all of the members thereof to establish lines of credit for short term borrowing purposes and to execute, issue and deliver promissory notes for amounts borrowed pursuant to said lines of credit. Each such ordinance or resolution shall state in brief and general terms the objects or purposes for which the bonds or notes are to be issued and the maximum aggregate principal amount of bonds or notes to be issued for each such object or purpose. Such ordinance, or a subsequent resolution of the county government pertaining to such ordinance, or a resolution of the county government, shall specify, or may delegate authority to the County Administrator to determine, with respect to any bonds and notes the following: Their date or dates; their maturity; the security therefor, if any, including a pledge of the County’s full faith and credit, if there is to be such a pledge; federal or state grants or other revenues or property; provisions for either serial or term bonds; sinking fund or other reserve fund requirements, if any; provisions for redemption prior to maturity, if any, with or without premiums; the interest rate or rates, including variable rates, and any limitation with respect thereto or the manner of their determination; the times and place or places within or without the State for the payment of principal and interest; the method of execution; the form; provisions, if any, for the consolidation of debt authorized for several objects and purposes pursuant to 1 or more ordinances into 1 consolidated issue; provisions, if any, for the receipt and deposit or investment of any good faith deposit; provisions for the public or private sale of bonds; and such other terms and conditions as the county government may determine to be in the best interest of the County. Debt incurred by the County pursuant to this chapter may be represented by uncertificated obligations of the County which may be applicable to bonds and notes which are permitted to be issued under this chapter, and the county government by resolution may determine, or it may delegate authority to the County Administrator to determine, all procedures appropriate to the establishment of a system of issuing uncertificated debt.

(4) Bonds issued pursuant to this chapter may be sold at either public or private sale, upon such terms, conditions and regulations as the county government may prescribe; provided, that the county government may authorize the County Administrator to sell such bonds at public or private sale upon such terms, conditions and regulations as it may provide.

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

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

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

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

(9) Notwithstanding any limitations herein to the contrary, the county government may borrow in the anticipation of the collection of taxes or any other revenues budgeted for any purposes for which taxes are levied.

(u) Districts. — There shall be 5 councilmanic districts. Districts 1, 2, 3, 4, and 5 are established as follows:

1st Councilmanic District

The 1st Councilmanic District shall comprise: Beginning at the intersection of the westerly boundary of Delaware with Maryland at its intersection with the center line of State Route 404; thence southeasterly along the center line of State Route 404 to its intersection with the center line of County Road 582; thence northeasterly along the center line of County Road 582 to its intersection with the center line of County Road 583; thence southerly along the center line of County Road 583 to its intersection with the center line of County Road 584; thence southeasterly along the center line of County Road 584 to its intersection with the center line of County Road 600; thence northeasterly along the center line of County Road 600 to its intersection with the center line of Nanticoke Branch; thence generally southerly along the center line of Nanticoke Branch to its intersection with the center line of County Road 40; thence westerly along the center line of County Road 40 to its intersection with the corporate limits of the Town of Bridgeville, thence northerly, westerly and southerly along the corporate limits of the Town of Bridgeville to its intersection with the center line of State Route 18; thence southwesterly along the center line of State Route 18 to its intersection with the center line of County Road 18; thence southeasterly and northeasterly along the center line of County Road 18 to its intersection with the center line of U.S. 13; thence southerly along the center line of U.S. 13 to its intersection with the center line of County Road 64; thence westerly along the center line of County Road 64 to its intersection with the center line of State Route 13; thence northerly along the center line of State Route 13 to its intersection with the center line of County Road 515; thence westerly and northerly along the center line of County Road 515 to its intersection with the center line of County Road 509; thence southwesterly along the center line of County Road 509 to its intersection with the center line of County Road 514; thence northerly along the center line of County Road 514 to its intersection with the center line of State Route 24; thence westerly along the center line of State Route 24 to its intersection with the center line of the Delaware-Maryland boundary; thence northerly along the center line of the Delaware-Maryland boundary to the point and place of beginning.

2nd Councilmanic District

The 2nd Councilmanic District shall comprise: Beginning at the intersection of the westerly boundary of Delaware with Maryland at its intersection with the center line of State Route 404; thence southeasterly along the center line of State Route 404 to its intersection with the center line of County Road 582; thence northeasterly along the center line of County Road 582 to its intersection with the center line of County Road 583; thence southerly along the center line of County Road 583 to its intersection with the center line of County Road 584; thence southeasterly along the center line of County Road 584 to its intersection with the center line of County Road 600; thence northeasterly along the center line of County Road 600 to its intersection with the center line of Nanticoke Branch; thence generally southerly along the center line of Nanticoke Branch to its intersection with the center line of County Road 40; thence westerly along the center line of County Road 40 to its intersection with the corporate limits of the Town of Bridgeville, thence northerly, westerly, and southerly along the corporate limits of the Town of Bridgeville to its intersection with the center line of State Route 18; thence southeasterly and northeasterly along the center line of State Route 18 to its intersection with the center line of State Route 404; thence southeasterly along the center line of State Route 404 and State Route 18 to its intersection with the westerly branch of Gravelly Fork; thence southerly along the center line of the westerly branch of Gravelly Fork to its intersection with the center line of Gravelly Fork; thence northeasterly along the center line of the easterly branch of Gravelly Fork to its intersection with the center line of State Route 18; thence southeasterly along the center line of State Route 18 to its intersection with the center line of County Road 527; thence southerly along the center line of County Road 527 to its intersection with the center line of County Road 516; thence southerly along the center line of County Road 516 to its intersection with the center line of County Road 46; thence easterly along the center line of County Road 46 to its intersection with the center line of County Road 524; thence southeasterly along the center line of County Road 524 to its intersection with the center line of State Route 20; thence southeasterly, northeasterly and southeasterly along the center line of State Route 20 to its intersection with the center line of County Road 473; thence northeasterly, southeasterly and northeasterly along the center line of County Road 473 to its intersection with the center line of State Route 20; thence southeasterly along the center line of State Route 20 to its intersection with the boundary line between Nanticoke Hundred and Dagsboro Hundred; thence northerly along the center line of the boundary line of Nanticoke Hundred crossing County Road 62 to its intersection with the boundary line of Georgetown Hundred and Dagsboro Hundred; thence in an easterly direction along the boundary line between Nanticoke Hundred and Dagsboro Hundred to the point where Eli Walls’ Ditch crosses County Road 318 which said point also marks a dividing line between Georgetown Hundred and Dagsboro Hundred; thence in a southeasterly direction along the center line of Eli Walls’ Ditch to its intersection with the center line of Morris Mill Pond; thence northeasterly along the center line of Morris Mill Pond to its intersection with the center line of Deep Branch; thence northerly along the center line of Deep Branch to its intersection with the center line of State Route 30; thence northeasterly along the center line of Morris Mill Pond to its intersection with the center line of Deep Branch; thence northeasterly along the center line of Deep Branch to its intersection with the center line of State Route 30; thence northerly along the center line of State Route 30 to its intersection with the center line of County Road 47; thence northwesterly along the center line of County Road 47 to its intersection with the center line of County Road 321; thence northerly along the center line of County Road 321 to its intersection with the center line of State Route 18; thence easterly along the center line of State Route 18 to its intersection with the center line of County Road 249; thence northeasterly along the center line of County Road 249 to its intersection with the center line of County Road 248; thence northerly along the center line of County Road 248 to its intersection with the center line of County Road 319; thence southwesterly along the center line of County Road 319 to its intersection with the center line of County Road 565; thence westerly along the center line of County Road 565 to its intersection with the center line of County Road 239; thence northerly along the center line of County Road 239 to its intersection with the center line of County Road 238; thence southwesterly along the center line of County Road 238 to its intersection with the center line of County Road 579; thence westerly along the center line of County Road 579 to its intersection with the center line of the western boundary of the Penn Central Railroad right-of-way; thence northerly along the center line of the western boundary of the Penn Central Railroad right-of-way to its intersection with the northern boundary of the Ellendale State Forest; thence in a westerly direction along the center line of the northern boundary of the Ellendale State Forest to its intersection with the center line of County Road 213; thence in a northerly direction along the center line of County Road 213 to its intersection with the center line of the boundary line between Kent and Sussex Counties; thence westerly and southerly along the boundary between Kent and Sussex Counties to its intersection with the center line of the boundary of Delaware and Maryland; thence southerly along the boundary between Delaware and Maryland to the point and place of beginning.

3rd Councilmanic District

The 3rd Councilmanic District shall comprise: Beginning at the intersection of the boundary line between Kent and Sussex Counties and the Delaware Bay; thence in a westerly direction along the center line of the boundary line between Kent and Sussex Counties to its intersection with the center line of County Road 213; thence in a southerly direction along the center line of County Road 213 to its intersection with the center line of the northwest corner of Ellendale State Forest; thence in an easterly direction along the center line of the northern boundary of the Ellendale State Forest to its intersection with the center line of the westerly right-of-way of the Penn Central Railroad; thence southerly along the center line of the western boundary of the Penn Central Railroad to its intersection with the center line of County Road 579; thence easterly along the center line of County Road 579 to its intersection with the center line of County Road 238; thence northeasterly along the center line of County Road 238 to its intersection with the center line of County Road 239; thence southerly along the center line of County Road 239 to its intersection with the center line of County Road 565; thence easterly along the center line of County Road 565 to its intersection with the center line of County Road 319; thence northeasterly along the center line of County Road 319 to its intersection with the center line of County Road 248; thence southerly along the center line of County Road 248 to its intersection with the center line of County Road 249; thence southwesterly along the center line of County Road 249 to its intersection with the center line of State Route 18; thence westerly along the center line of State Route 18 to its intersection with the center line of County Road 321; thence southerly along the center line of County Road 321 to its intersection with the center line of County Road 47; thence southeasterly along the center line of County Road 47 to its intersection with the center line of State Road 30; thence northerly along the center line of State Road 30 to its intersection with the boundary line between Georgetown Hundred and Indian River Hundred; thence easterly along the center line of the boundary line between Georgetown Hundred and Indian River Hundred to its intersection with the center line of State Road 5 where it intersects the westerly branch of Love Creek; thence in an easterly and southerly direction along the center line of the westerly branch of Love Creek to its intersection with the center line of Love Creek; thence southerly along the center line of Love Creek to its intersection with the center line of State Road 24; thence northeasterly along the center line of State Road 24 to its intersection with the center line of State Road 14; thence northerly along the center line of State Road 14 to its intersection with the center line of County Road 268; thence northeasterly along the center line of County Road 268 to its intersection with the center line of County Road 269; thence in an easterly direction along the center line of County Road 269 (extended) to its intersection with the center line of the boundary between Delaware and New Jersey; thence in a northerly direction along the center of the boundary between Delaware and New Jersey to its intersection with the center line of the boundary between Kent and Sussex Counties (extended); thence in a westerly direction along the center line of the boundary between Kent and Sussex Counties (extended) to the point and place of beginning.

4th Councilmanic District

The 4th Councilmanic District shall comprise: Beginning at the intersection of the center line of the boundary between Delaware and New Jersey with the center line of County Road 269 (extended); thence westerly along the center line of County Road 269 (extended) to its intersection with the center line of County Road 268 and County Road 269; thence southwesterly along the center line of County Road 268 to its intersection with the center line of State Road 14; thence southerly along the center line of State Road 14 to its intersection with the center line of State Road 24; thence southwesterly along the center line of State Road 24 to its intersection with the center line of Love Creek; thence northerly along the center line of Love Creek to its intersection with the center line of the westerly branch of Love Creek; thence westerly and northerly along the center line of the westerly branch of Love Creek to its intersection with the center line of the boundary line between Georgetown Hundred and Indian River Hundred at State Route 5; thence southwesterly along the center line of the boundary line between Georgetown Hundred and Indian River Hundred to its intersection with the center line of State Route 30; thence southerly along the center line of State Route 30 to its intersection with the center line of Deep Branch; thence southwesterly along the center line of Deep Branch to its intersection with the center line of Morris Mill Pond; thence southerly along the center line of Morris Mill Pond to its intersection with the center line of Cow Bridge Branch; thence southerly along the center line of Cow Bridge Branch to its intersection with the center line of Morris Mill Pond; thence southerly along the center line of Morris Mill Pond to its intersection with the center line of Indian River; thence southeasterly along the center line of Indian River to its intersection with the center line of Indian River Bay at its mouth opposite Oak Orchard; thence southeasterly from said point to the intersection of the center line of Pepper Creek at its mouth; thence southwesterly along the center line of Pepper Creek to its intersection with the center line of Vines Creek at its mouth; thence southerly along the center line of Vines Creek to its intersection with the center line of State Route 26; thence westerly along the center line of State Route 26 to its intersection with the line of County Road 340; thence southerly along the center line of County Road 340 to its intersection with the center line of County Road 382; thence northwesterly along the center line of County Road 382 to its intersection with the center line of County Road 355; thence southwesterly along the center line of County Road 355 to its intersection with the center line of County Road 356; thence northwesterly along the center line of County Road 356 and County Road 356 (extended) to its intersection with the center line of County Road 406; thence southwesterly along the center line of County Road 406 to its intersection with the center line of County Road 402; thence westerly along the center line of County Road 402 to its intersection with the center line of State Route 26; thence westerly along the center line of State Route 26 to its intersection with the center line of County Road 413A; thence southerly along the center line of County Road 413A to its intersection with the center line of the easterly branch of Pocomoke River; thence easterly and southerly along the easterly branch of Pocomoke River to its intersection with the center line of the Pocomoke River; thence southerly along the center line of the Pocomoke River to its intersection with the center line of County Road 417; thence easterly along the center line of County Road 417 to its intersection with the center line of County Road 60; thence southwesterly along the center line of County Road 60 to its intersection with the center line of County Road 418; thence southeasterly and southerly along the center line of County Road 418 to its intersection with the Delaware-Maryland boundary; thence easterly along the center line of the Delaware-Maryland boundary to its intersection with the border between Delaware and New Jersey; thence northerly along the center line of the boundary between Delaware and New Jersey to the point and place of beginning.

5th Councilmanic District

The 5th Councilmanic District shall comprise: All those portions of Sussex County not included in Councilmanic Districts nos. 1 to 4 inclusive.

(v) Redistricting. — (1) In the event that by a redistricting of the senatorial or representative districts of Sussex County, the numbers of representative districts shall be reduced in number from 6 to 5, then it shall be the mandatory duty of the county government to redistrict Sussex County into 5 councilmanic districts for the election of the county government and the boundaries of each of said districts shall coincide with the boundaries of 1 of the said representative districts. To accomplish the redistricting, the county government, within 3 months after the reapportionment of the Sussex County representative districts, shall appoint 5 qualified voters of the County who shall comprise the redistricting commissioners. The commissioners shall be appointed, 1 from each of the 5 representative districts, as they would have been reapportioned, and, they shall not be employed by the County in any other capacity. No more than 3 of the members shall be affiliated with the same political party. It shall be the duty of the redistricting committee to submit to the county government a report, which shall set forth the boundaries of each councilmanic district, which shall coincide with the boundaries of a respective representative district, and shall assign to each a number from 1 to 5, and a map thereof. The report shall be in the form of a proposed ordinance. Once filed with the Clerk of the county government, the report shall be treated as an ordinance introduced by a member of the county government, to be considered by them as other proposed ordinances, provided that a map and a description of the proposed districts shall be published in addition to the other requirements of publication connected with enacting ordinances.

(2) The county government shall adopt a redistricting ordinance within 60 days after the report of the redistricting commission has been filed with the Clerk of the county government.

(w) Election of county government officials. — (1) In order to stagger the terms of the elected officials, councilmanic districts shall be divided into 2 categories: the first category shall consist of Districts 1, 2, and 3, and the second category shall consist of Districts 4 and 5.

(2) Such officials from Districts 1, 2, and 3 shall be elected in the general election held the first Tuesday, in November, 1972, for terms of 4 years each. Subsequently, the officials from these Districts shall be elected every 4 years to serve 4-year terms.

(3) Such officials from Districts 4 and 5 shall be elected in the general election held the first Tuesday in November, 1974, for terms of 4 years. Subsequently, the officials from these Districts shall be elected every 4 years to serve 4-year terms.

(4) All citizens qualified by the Constitution and laws of the State of Delaware to vote in the County and who satisfy the requirements for registration prescribed by law shall be qualified to vote for members of the county government.

(5) Except as otherwise provided by this chapter, the provisions of the election laws of this State shall apply to elections held under this chapter. All elections provided for by this chapter shall be conducted by the election authorities authorized to hold elections under the election laws of this State.

(6) The nomination of persons to be candidates in the general elections for county officials shall be governed by the election laws of this State.

(x) Creation of departments and agencies. — The county government may by ordinance establish county departments, offices or agencies in addition to those created by this title and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this title to a particular department, office or agency may be discontinued or, unless this title specifically so provides, assigned to any other.
9 Del. C. § 9407 — Delaware Code / Title 9 / Chapter 94 / Section 9407
§ Â
        9407. Monthly accounting to State Treasurer; penalties.
Status: in_force

(a) The clerk of the peace shall, not later than the tenth day of each month, plainly state under his or her hand, and render to the State Treasurer, with a copy thereof to the Auditor of Accounts, a full and true account of all money by him or her received, during the next preceding calendar month, or for which he or she is accountable to the State, for all fees for licenses and fees of every description payable to the State. The clerk of the peace shall deposit, at the time prescribed by § 9406 of this title, to the credit of the State Treasurer, in the Farmers’ Bank at the county seat, the full amount due on such accounts, and send such accounts to the State Treasurer by mail, with a certificate of such deposit thereon endorsed. Nothing in this section shall prevent more frequent settlements by the clerk of the peace with the State Treasurer.

(b) Whoever, being a clerk of the peace, wilfully fails or neglects to render such accounts or to make such deposits within the time prescribed, shall, besides being liable for the money due the State, be fined not less than $500 nor more than $2,000. Conviction of such offense shall of itself work a forfeiture of his or her office. The official obligation of each clerk of the peace shall extend to and embrace the moneys received, or which ought to be received as aforesaid, and the duties required of him or her. Every wilful failure or neglect to make such account or deposit, as also a wilful failure or neglect to put into the post office, within the time prescribed, such account, with the certificate of deposit endorsed thereon, duly addressed to the State Treasurer, shall be a breach of his or her official obligation.

(c) This section shall not apply to the Clerk of the Peace of New Castle County.
9 Del. C. § 906 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 906
§ Â
        906. Reciprocity of dog license [Transferred].
Status: in_force

Transferred to § 3046F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 9603 — Delaware Code / Title 9 / Chapter 96 / Section 9603
§ Â
        9603. Deputies and employees.
Status: in_force

The recorders in Kent and Sussex Counties may employ such chief deputy, deputies and clerks as are authorized by the governments of the counties, at compensations fixed by such governments. 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 recorder.
9 Del. C. § 4903 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4903
§ Â
        4903. Purposes of regulations.
Status: in_force

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

(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved, its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development.
9 Del. C. § 4412 — Delaware Code / Title 9 / Chapter 44 / Section 4412
§ Â
        4412. Jurisdiction of Superior Court.
Status: in_force

The Superior Court shall have jurisdiction over offenses committed under this chapter.
9 Del. C. § 534 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 534
§ Â
        534. Cancellation of bonds.
Status: in_force

The county government may adopt such procedure as it deems proper in cancelling the bonds when paid.
9 Del. C. § 6307 — Delaware Code / Title 9 / Chapter 63 / Section 6307
§ Â
        6307. Permits not required.
Status: in_force

No person shall be required to obtain a permit when the fair value of the construction of a building is less than $300.
9 Del. C. § 6302 — Delaware Code / Title 9 / Chapter 63 / Section 6302
§ Â
        6302. Application for construction permits.
Status: in_force

(a) No person shall construct or commence the construction of a building without first filing with the Department of Finance an application in writing for such construction and obtaining a permit therefor. Such application shall be made on forms prescribed by the Department of Finance and shall contain such information as the Department of Finance shall prescribe.

(b) Permits shall be issued only to contractors, the owner of any building necessary to the operation of farm lands, the owner of property located in any incorporated city or town in Sussex County, or any owner of property desiring to do his or her own work or labor about his or her own building.

(c) Except in instances in which the Department of Transportation has indicated authorization for temporary use of land set aside for future right-of-way needs, as provided in § 145 of Title 17, no permit shall be issued for the erection of any building or for the construction of any improvement or structure on any part of any land which lies or is located within the lines of any land designated and set aside for future highway right-of-way needs as appears on the Department’s Future Right-of-Way Map — Final except as hereafter provided in subsection (d) of this section.

(d) A building permit, otherwise issuable except for subsection (c) of this section, shall be issued notwithstanding the provisions of subsection (c) of this section unless the Department of Transportation, after being given written notice thereof by the Commission shall:

(1) Within 60 days of receipt of such notice, file with the County a declaration that:

a. The issuance of said permit will be detrimental to future highway planning and construction; and

b. The land described in said permit application is needed for future highway purposes; and

(2) Within 180 days of the giving of such notice, institute condemnation proceedings under Chapter 61 of Title 10, to acquire all of the land described in said building permit application as may be located within said future highway right-of-way.

(e) A building permit shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which:

(1) Is greater than 200 feet in height above ground level;

(2) Is greater in height than an imaginary surface extending outward and upward at a slope of 100:1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each public use airport in the State;

(3) Is located within 3,000 feet of the nearest point of the nearest runway of each public use airport in the State; or

(4) Otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77 [14 C.F.R. Part 77].

(f) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of Aeronautics has approved the application.

(g) No such permit shall be issued to a nonresident person engaging in business as a contractor, as defined in Chapter 25 of Title 30, in Sussex County until the Department of Finance is satisfied that § 2502(b) of Title 30 has been complied with to the extent applicable.
9 Del. C. § 8305 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8305
§ Â
        8305. Subpoena power [Expires March 12, 2028, pursuant to 85 Del. Laws, c. 239, Â 2].
Status: in_force

(a) For purposes of this section, “county authority” means the Chief Financial Officer of the Office of Finance of New Castle County, the Director of the Department of Finance of Kent County, or the Finance Director of Sussex County.

(b) Each board of assessment or Department or Office of Finance shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records, memoranda, or other evidence bearing upon the correctness of any assessed value of nonresidential real property whenever the board of assessment, Department, Office of Finance, or an appealing property owner relies upon income or cost comparison approaches to determine or contest the assessed value of that nonresidential real property.

(c) A subpoena issued under this section is effective throughout this State and may be enforced in other states or countries through available legal means.

(d) Service of a subpoena issued under this section may be made by the county authority, or other staff designated by the county authority, for the purpose of serving a subpoena as follows:

(1) Where the person served is an individual, by any of the following:

a. Serving the person to whom it is addressed personally.

b. Leaving it at the person’s usual place of abode with an individual of suitable age and discretion residing therein.

c. Sending it by certified mail to the last known address of the person to whom the subpoena is addressed.

(2) Where the person served is a corporate or other entity, by any of the following:

a. Serving the registered agent personally or by certified mail.

b. Serving any individual authorized to accept service on behalf of the entity personally at the individual’s usual place of business, the place of business of the entity, or by certified mail.

(e) (1) If a properly-served recipient of a subpoena fails or refuses to respond, the Superior Court may, upon application of the county authority, issue an order requiring the recipient of the subpoena to appear before the county authority in response to the subpoena or produce books, papers, records, memoranda, or other evidence. Failure to obey such an order may be punished by the court as a contempt thereof.

(2) Objections and exceptions to a subpoena under this section will be handled by the Superior Court according to the Superior Court’s procedures and standards for the adjudication of administrative subpoenas.

(f) If any person wilfully refuses to make available books, papers, records, memoranda, or other evidence for examination by the county authority as required by this section, of the county authority’s representative, or wilfully refuses to attend and testify as required by this section, the county authority may apply to a judge of Superior Court for an order directing such person to comply with the county authority’s request for books, papers, records, memoranda, or other evidence for examination by the county authority, or for the person’s attendance and testimony. If the books, papers, records, memoranda, or other evidence required by the county authority are in the custody of a corporation, the order of the Court may be directed to any principal officer of such corporation. If a person fails or refuses to obey such an order, such person shall be guilty of contempt of court.

(g) (1) Testimony given under a subpoena issued under this section must be taken in a nonpublic setting.

(2) A transcript or recording of testimony given under this section, and any book, paper, record, memoranda, or other evidence produced in response to a subpoena under this section, is not a public record for purposes of Chapter 100 of Title 29 (Freedom of Information Act), must be treated confidentially, and may not be used or disseminated by a county authority for any purpose other than assessment, valuation, or any proceeding related to assessment or valuation of real property under this chapter.
9 Del. C. § 2206 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2206
§ Â
        2206. Payment of bonds; faith and credit of County; tax levy.
Status: in_force

The faith and credit of the County are pledged to the payment of any bonds issued by the County under this chapter. The County Council shall annually appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and interest as the same become due and payable. Notwithstanding the provisions of any other law the County Council may levy an ad valorem tax, without limitation as to rate or amount, upon all property taxable by the County to raise the moneys necessary to meet any such appropriation.
9 Del. C. § 4726 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4726
§ Â
        4726. Levy and collection of garbage collection tax.
Status: in_force

(a) In order to pay the annual costs for any garbage collection contract entered into pursuant to § 4724 of this title, the county government shall divide the annual contract cost, plus a pro rata administrative cost as determined by the county government, by the number of garbage collection units within the garbage collection district to arrive at the annual unit cost. The annual unit cost shall then be assessed against each garbage collection unit located within the boundaries of the garbage collection district. No parcel of real estate shall be exempt from paying its annual unit cost because it is uninhabited so long as it is improved and intended for residential use. No parcel of real estate so improved and intended for residential use shall be exempt from paying its annual unit cost because its owner chooses not to use the garbage collection service.

(b) The annual unit cost assessed against each garbage collection unit shall be levied and collected by the Board of Assessment, county government and Receiver of Taxes and County Treasurer at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The tax shall be included on the county tax bills under the heading “garbage collection tax.”
9 Del. C. § 3007 — Delaware Code / Title 9 / Chapter 30 / Section 3007
§ Â
        3007. Recording unapproved plans; penalty.
Status: in_force

(a) The Recorder of Deeds within the County shall not receive for filing any plan of land showing an arrangement of lots or parcels of lands, streets, easements or rights-of-way unless and until said plan shall have been submitted to, and approved by, the Commission and the County Council pursuant to the regulations adopted under this chapter, and until each such approval shall have been endorsed in writing on said plan by the Chairperson or the Executive Director of the Commission and the County Council by the President.

(b) Any plan received by the Recorder of Deeds for filing or recording without the approval of the Commission and the County Council endorsed thereon, shall be null and void and without legal effect and shall upon application of the Commission or the County Council, to the Superior Court, be expunged from the records of the Recorder of Deeds.

(c) Whoever causes any plan to be filed or recorded contrary to the provisions of this chapter shall be fined not less than $100 and not more than $500. The Superior Court shall have exclusive original jurisdiction of offenses under this section.
9 Del. C. § 8330 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8330
§ Â
        8330. Agricultural use land.
Status: in_force

Land shall be deemed to be in agricultural use when devoted to the production for sale of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
9 Del. C. § 6959 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6959
§ Â
        6959. 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. § 3002 — Delaware Code / Title 9 / Chapter 30 / Section 3002
§ Â
        3002. Power to regulate.
Status: in_force

In order to provide for the orderly growth and development of the County, to promote the health, safety, prosperity, and the general welfare of the present and future inhabitants of the County, to insure the conservation of property values and natural resources, including the protection of the County’s agricultural lands, water resources, and industrial potential, and to afford adequate provisions for public utilities, water supply, drainage, sanitation, vehicular access, educational and recreational facilities, parkland and open space, among other and related activities, the Commission may regulate the subdivision of all land in the County not within the corporate limits of any city or town.
9 Del. C. § 1521 — Delaware Code / Title 9 / Chapter 15 / Subchapter II / Section 1521
§ Â
        1521. Enumeration of certain specific powers.
Status: in_force

(a) (1) In addition to the powers elsewhere conferred upon the New Castle County Council and without limiting their generality, the New Castle County Council shall have general jurisdiction over all matters pertaining to the County, its business, finances and general welfare, including the power to act upon all matters pertaining to sewers, sewerage disposal plants, trunk line sewers and sewerage systems generally, garbage, garbage disposal, removal and incineration of ashes, garbage, trash and rubbish, and the operation of plants therefor, drainage, engineering, construction of public buildings, fire protection, ambulance service, general supervision of county offices, public welfare institutions, fire companies and other matters of a public nature.

(2) The County Council in accordance with the provisions of § 1162 of this title shall establish and fix the salaries of all employees except the elected officeholders employed in the several county offices in New Castle County, and the chief deputy appointed by certain of the elected officeholders, provided:

a. All employees in the same classification shall be paid the same salary and

b. All Chief Deputies of elected or appointed officeholders shall be paid a salary of not less than $6,000 per annum and

c. All Assistant Chief Deputies of elected or appointed officeholders shall be paid a salary of not less than $5,500 per annum.

(b) In the performance of its duties, the New Castle County government may employ such assistants, enter into contracts and generally take such action as in its opinion it deems necessary and proper and for the best interests of the County.

(c) The New Castle County Council, in the general supervision of the county offices as enumerated in this section, shall have the power and authority to install, in such of the county offices as it shall consider necessary and desirable, modern and efficient business machines and machine record systems, to the end that all of the county offices shall be administered efficiently and economically. The New Castle County Council shall purchase or lease the necessary and appropriate business machine record systems and business machines to carry out the purposes of this section.

(d) The New Castle County Council may employ technical or professional advisors and consultants that it deems necessary or proper to advise it on the efficient and economical administration of the affairs of New Castle County. The technical and professional consultants and advisors so employed shall have full authority to examine and study the operation, management and administration of all county offices or departments that receive any appropriation for salaries or operational expenses from the New Castle County Council, and shall render to the New Castle County Council a written report of the findings and recommendations as result of such examination and study.

(e) County Council may determine that lands owned by New Castle County are surplus and no longer needed for County use and may authorize their disposal. The determination that lands are surplus shall be made after a public hearing not less than 30 days prior to the first published advertisement for bids or introduction of any ordinance or the execution of any contract for providing for the conveyance of such lands. Notice of the hearing shall be published in a newspaper of general circulation in New Castle County at least 10 days before the hearing.

(f) Notwithstanding any provision in this title, any real property acquired by New Castle County as the result of a Sheriff’s Sale brought by the County to collect delinquent taxes, sewer service charges or other fees or charges due to the County shall be deemed surplus upon the execution by the Sheriff of a deed conveying the property to New Castle County. Lands acquired in this manner may be sold without further approval by County Council; provided that, prior to the completion of the sale, the conveyance of the property shall be approved by the County Executive of New Castle County in accordance with a written policy promulgated by the County Executive or Chief Administrative Officer.

(g) In addition to those powers enumerated in this section, New Castle County Council may by ordinance transfer lands held by the County, including but not limited to, surplus lands, to the State after written notification from the Governor or the Governor’s designee that such lands are required by the State for public purposes.
9 Del. C. § 518 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 518
§ Â
        518. Rights-of-way; acquisition of; limitations on.
Status: in_force

(a) In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the Division of Highways of the State Department of Transportation may acquire the rights-of-way necessary for the suburban community construction project. In every respect, the acquisition of such necessary street rights-of-way shall follow the then current practice of the Division of Highways of the State Department of Transportation in acquiring rights-of-way for contracts.

(b) In the event of notification by the county government pursuant to § 506 of this title, the Division shall determine whether the streets in question have been laid out or dedicated prior to January 1, 1971. The Division shall not require the right-of-way for streets laid out or dedicated prior to January 1, 1971, to be greater than 30 feet in width, unless a greater width has been set aside or dedicated in the original plan or map of such community.
9 Del. C. § 4729 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4729
§ Â
        4729. Continuation and termination of contracts; consolidation of garbage collection districts.
Status: in_force

Once a garbage collection district has been formed and garbage collection undertaken pursuant to this subchapter, the county government may, without further public hearings, enter into new contracts for garbage collection. However, the county government may determine not to continue garbage collection for any garbage collection district at the expiration of any contract entered into pursuant to this subchapter. The county government may, without further public hearings, consolidate 2 or more garbage collection districts into a single district.
9 Del. C. § 5509 — Delaware Code / Title 9 / Chapter 55 / Section 5509
§ Â
        5509. 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 Administrator, and the seal of the County shall be affixed to the bonds and attested by the 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 the Levy Court deems best. Any contract for the acquisition of property may provide that payment shall be made in bonds.
9 Del. C. § 8329 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8329
§ Â
        8329. Valuation of agricultural, horticultural and forest land use.
Status: in_force

For general property tax purposes including school tax purposes, the value of land which is actively devoted to agricultural, horticultural or forest use and which has been so devoted for at least the 2 successive years immediately preceding the tax year in issue, shall, on application of the owner, and approval thereof as provided in this section, be that value which such lands have for agricultural, horticultural or forest use; provided, that in the case of school taxes where such land is located in a public school district situated in 2 counties, the value of such land shall be that value arrived at by multiplying the value determined hereunder by the lower of the 2 general percentage rates of assessment in force in such counties for the tax year in issue.
9 Del. C. § 1182 — Delaware Code / Title 9 / Chapter 11 / Subchapter V / Section 1182
§ Â
        1182. Personal financial interest.
Status: in_force

(a) Any county officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the County or in the sale of any land, material, supplies or services to the County or to a contractor supplying the County, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such a contract or sale.

(b) Any county officer or employee who wilfully conceals such a substantial financial interest, or wilfully violates the requirements of this section, shall be guilty of malfeasance in office or position and shall forfeit his or her office or position.

(c) Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the County shall render the contract voidable by the County Executive or the County Council.
9 Del. C. § 565 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 565
§ Â
        565. Requirements for bidding on bonds.
Status: in_force

The county government may require that each bid for the bonds be accompanied by a certified check in the amount of 10 percent of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the county government shall return to the unsuccessful bidder or bidders the certified check or checks submitted with the bid or bids.
9 Del. C. § 4806 — Delaware Code / Title 9 / Chapter 48 / Section 4806
§ Â
        4806. Assistance to Commission by County and City of Dover.
Status: in_force

The county government or council may, from time to time, upon request of the Commission and for the purpose of special surveys, assign or detail to the Commission any members of the administrative staffs or agencies of the county or city, or may direct any such staff or agency to make for the Commission special surveys or studies requested by the Commission.
9 Del. C. § 6102 — Delaware Code / Title 9 / Chapter 61 / Section 6102
§ Â
        6102. Borrowing power; limitations.
Status: in_force

(a) The government of Sussex County may, from time to time, borrow money in such amounts as it may find necessary promptly to pay the county warrants issued by it, and may issue certificates of indebtedness as evidence thereof; provided, however, that the amount of money borrowed shall not, at any 1 time, exceed the sum of $2,000,000.

(b) Any money so borrowed shall be applied to the particular fund for which it shall be borrowed, and shall be repaid from the taxes apportioned to such funds, as the taxes shall be collected. If the taxes apportioned to any fund, as to which money shall be borrowed, shall not in any year, be sufficient to repay such money, the deficiency shall be considered in making up the annual budget or estimate for the next year, and a tax rate shall be levied and apportioned sufficient to equalize such deficiency.

(c) The government of Sussex County may, from time to time, borrow money in such amounts as it may find necessary from federal and state grant funds, provided, that the same shall not be subject to the limitations set forth in subsection (a) of this section, that the same shall be repaid as set forth in subsection (b) of this section, and that the same shall be permitted by the granting authority.
9 Del. C. § 8619 — Delaware Code / Title 9 / Chapter 86 / Section 8619
§ Â
        8619. Quarterly property tax reporting; New Castle County [Expires effective Jan. 1, 2028].
Status: in_force

(a) Beginning September 30, 2025, and collecting data starting with the quarter beginning July 1, 2025, the tax collecting authority of New Castle County shall prepare a report not later than 30 days after March 31, June 30, September 30, and December 31 of each year containing all of the following information for each reporting quarter:

(1) Each property parcel enrolled in a tax payment plan, including all of the following:

a. The parcel identification number.

b. The parcel classification.

c. The total amount of taxes owed under the payment plan.

d. Whether the property owner is current or delinquent with the payment plan.

(2) Data relating to property assessment appeals, including all of the following:

a. The number of property assessment appeals filed, itemized by zip code.

b. The number of successful appeals.

c. The number of dismissed appeals.

(3) For each property parcel for which a realty transfer tax return is filed, the amount of the full consideration listed and the assessed value, itemized by zip code.

(4) The total amount of property tax revenue collected and distributed to each school district within the county, itemized by school district.

(b) Beginning September 30, 2025, and collecting data starting with the quarter beginning July 1, 2025, the tax collecting authority of New Castle County may include within the report required under subsection (a) of this section each property parcel that has a tax lien against the property parcel, including all of the following:

(1) The parcel identification number.

(2) The parcel classification.

(3) The amount of the lien.

(4) The date the lien was filed.

(c) The tax collecting authority of New Castle County shall submit the report prepared under subsection (a) of this section to all of the following:

(1) The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

(2) The Speaker and the Chief Clerk of the House of Representatives, for distribution to all Representatives.

(3) The Governor.

(4) The Director of the Office of Management and Budget.

(5) The Secretary of the Department of Finance.

(6) The Director and Librarian of the Division of Legislative Services.
9 Del. C. § 4644 — Delaware Code / Title 9 / Chapter 46 / Section 4644
§ Â
        4644. Private sale to public agencies.
Status: in_force

Notwithstanding this or any other law, any bonds may be sold without previous public offering to, and may be purchased by, the Sinking Fund Commission or the Insurance or Pension Fund Commission of the County of Kent, or the State, or may be sold to any agency acting on behalf of the United States of America.
9 Del. C. § 3401 — Delaware Code / Title 9 / Chapter 34 / Section 3401
§ Â
        3401. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Stormwater maintenance district” means an area in New Castle County, created under this chapter, that has ascertainable boundaries and provides efficient and economical stormwater maintenance.

(2) “Stormwater management” means a system of vegetative, structural, and other measures that does all of the following:

a. For water quantity control, controls the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land.

b. For water quality control, controls adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.
9 Del. C. § 5412 — Delaware Code / Title 9 / Chapter 54 / Section 5412
§ Â
        5412. Exemption of bonds from taxation.
Status: in_force

The principal amount of the bonds, the interest payable thereon, their transfer, and any income derived therefrom, including any profit made in the sale or transfer thereof, shall be exempt from taxation by the State and by the several counties and municipalities of this State.
9 Del. C. § 6101 — Delaware Code / Title 9 / Chapter 61 / Section 6101
§ Â
        6101. Definitions.
Status: in_force

As used in this part:

(1) “County” means Sussex County.

(2) The words “Sussex County government” or words of similar import, means the government of Sussex County as established in Chapter 70 of this title.
9 Del. C. § 5604 — Delaware Code / Title 9 / Chapter 56 / Section 5604
§ Â
        5604. Removal of weeds, grasses, refuse, rubbish, trash, or other waste material.
Status: in_force

No person shall permit weeds or grass to grow, or refuse, rubbish, trash, or other waste material to be placed or to accumulate upon land or improved premises so as to create a nuisance detrimental to adjoining properties or the health or safety of other persons.
9 Del. C. § 9102 — Delaware Code / Title 9 / Chapter 91 / Section 9102
§ Â
        9102. Location of offices.
Status: in_force

The county government of each county shall provide and assign office space for the respective county offices and, whenever occasion requires, may change such space and assign different space. The county officers shall occupy, and their offices shall be located, in the space assigned to them from time to time by the county government or chief administrative officer.
9 Del. C. § 4518 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4518
§ Â
        4518. Misrepresentations in application and unauthorized connections with water main; penalty.
Status: in_force

Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any water main contrary to the authority granted by permits issued therefor by the county government, or without a permit therefor in accordance with this chapter, shall be fined not less than $5.00 nor more than $500.
9 Del. C. § 671 — Delaware Code / Title 9 / Chapter 6 / Subchapter V / Section 671
§ Â
        671. Contracts for improvements; competitive bids.
Status: in_force

(a) The commission shall proceed to arrange for the contracts for the required improvements. The letting of contracts for improvements shall be upon a competitive basis pursuant to public advertisement of the intention of the county government to receive sealed proposals for the work on said improvements. All contracts shall be entered into and acquisitions shall be made by the county government.

(b) It shall be a term of each contract that 10 percent of all payments due shall be withheld until final certification by the commission that the work has been satisfactorily completed, in compliance with the contract.
9 Del. C. § 4629 — Delaware Code / Title 9 / Chapter 46 / Section 4629
§ Â
        4629. Procedure for passage of bond resolution.
Status: in_force

Every bond resolution shall be introduced in writing in the form in which it is to be finally passed, and upon final passage shall be published in full in at least 1 newspaper published in the County and having general circulation therein together with a notice in substantially the following form:

NOTICE

The bond resolution published herewith was adopted on the ________________ day of ________________________________ 20________, and the validity of the obligations authorized by such resolution may be hereafter contested only if:

(1) Such obligations are authorized for a purpose for which the County is not authorized to expend money, or

(2) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication, or

(3) Such obligations are authorized in violation of the provisions of the Constitution.

________________________________________________________________Clerk
9 Del. C. § 1392 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1392
§ Â
        1392. Appointment of County Attorney.
Status: in_force

The County Attorney shall be appointed by the County Executive with the advice and consent of the New Castle County Council. The County Attorney shall serve at the pleasure of the County Executive.
9 Del. C. § 4702 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4702
§ Â
        4702. Acquisition of land by purchase.
Status: in_force

The county government may acquire the land, or interest therein, by purchase, but not by exercise of the right of eminent domain.
9 Del. C. § 4615 — Delaware Code / Title 9 / Chapter 46 / Section 4615
§ Â
        4615. Expense of the improvement.
Status: in_force

The cost of establishment of a county sewer district and the furnishing of the improvement therein shall include the amount of all contracts, the cost of all lands and interests therein necessarily acquired, the cost of erection of necessary facilities and appurtenances for operation or administration of the improvement, the cost of necessary equipment for operation or administration of the improvement, printing, publishing, interest on loans, legal, engineering and other professional services, and all other expenses incurred or occasioned by reason of the establishment or extension of the district and the furnishing of the improvement. In addition, there shall be apportioned against, charged to and included in such cost, such allowance as the county government may make for expenditures which are directly attributable to the establishment or extension of the district as well as for any services rendered by the attorney for the county government, the County Engineer or any other salaried county officer or employee when such services have been necessary to or occasioned by reason of the establishment of the district.
9 Del. C. § 6813 — Delaware Code / Title 9 / Chapter 68 / Section 6813
§ Â
        6813. Recording unapproved plat; penalty for.
Status: in_force

Any Recorder who formally files or records any plat or map contrary to the provisions of this chapter shall be fined not less than $100 nor more than $500.
9 Del. C. § 6701 — Delaware Code / Title 9 / Chapter 67 / Section 6701
§ Â
        6701. Definitions.
Status: in_force

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

(1) “County” means Sussex 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 or sewerage system are pledged in accordance with this chapter.

(3) “Service charges” means rents, rates, fees or other charges charged or collected under § 6709 of this title.

(4) “Sewerage system” means the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal system, plants and works, connections and outfalls, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, appurtenances necessary or useful and convenient for such purposes.

(5) “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. § 4722 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4722
§ Â
        4722. Public hearing.
Status: in_force

Upon receipt of the petition, the county government shall hold a public hearing, notice of which shall be published at least once in a newspaper published within the County. Said notice shall be published not more than 21 and at least 10 days before the public hearing and shall contain a description of the boundaries of the proposed garbage collection district and a statement that the county government will hold a hearing to consider whether or not to create the proposed disposal district. The notice shall also state that in the event the county government decides to create the proposed garbage disposal district, the county government will contract for garbage collection and assess the unit costs of garbage collection against each unit of real property used or intended for residential purposes within the garbage collection district.
9 Del. C. § 6513 — Delaware Code / Title 9 / Chapter 65 / Section 6513
§ Â
        6513. Procedure for annual assessment.
Status: in_force

(a) The county government each year, at a time to be fixed by it, shall, after a public hearing, establish an annual assessment roll for the sanitary sewer or water district which shall be known as the “Sanitary Sewer District Assessment,” or “Water 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, for the payment of the interest due on the bonds, for maintaining or improving the sewerage or water system and for paying the necessary general expenses of the sanitary sewer or water 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 government 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 Sussex County, and having a general circulation in the County, 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 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. § 6105 — Delaware Code / Title 9 / Chapter 61 / Section 6105
§ Â
        6105. Fire companies.
Status: in_force

The county government shall appropriate annually and on May 1 of each year shall pay the sum of $1,000 to each regularly organized and motorized fire company in Sussex County, as certified by the Secretary of the Sussex County Volunteer Firemen’s Association, to be used for the maintenance of their apparatus and equipment.
9 Del. C. § 815 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 815
§ Â
        815. Election ballot.
Status: in_force

The Kent County Levy Court shall appoint the persons to conduct the election. The polls shall remain open at least 4 hours. All residents of the County, 18 years of age or older, shall be entitled to vote at such election if the borrowing is for a countywide library. If the borrowing is for a district library only the residents of the library district, 18 years of age or older, shall be entitled to vote. The voting shall be by ballot on which shall be written or printed the words “for the resolution in aid of the library” or “against the resolution in aid of the library.”
9 Del. C. § 5101 — Delaware Code / Title 9 / Chapter 51 / Section 5101
§ Â
        5101. Lighting streets and highways in unincorporated communities and villages; petition.
Status: in_force

Upon the petition of a majority of the real property owners of any unincorporated community or village in Kent County, filed on or before the first Tuesday in any month in any year, the county government may enter into a contract with any electric, gas or other lighting company to light and illuminate the streets or highways running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted. The petition shall state whether the light tax levied pursuant to § 5102 of this title shall be prorated among the owners of the property subject to said tax or based upon the assessment for county purposes. Street lights shall be of such candlepower, electric or its equivalent in other illuminating mediums as determined by the county government. The county government may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.
9 Del. C. § 2321 — Delaware Code / Title 9 / Chapter 23 / Section 2321
§ Â
        2321. Order to connect to sanitary sewer; enforcement.
Status: in_force

(a) The County Council may, where it deems it necessary to the preservation of public health, order the owner of any lot or parcel of land within a sanitary district which abuts upon a street or other public way containing a sanitary sewer, which is part of or which is served or may be served by the county sewerage system and upon which lot or parcel of land a building shall have been constructed for residential, commercial or industrial use, to connect such building with such sanitary sewer.

(b) If any owner shall fail to comply within 60 days with such order to connect with a sanitary sewer, the County Council shall forthwith institute action in a Justice of the Peace Court in New Castle County or in the Court of Chancery of the State to compel compliance with such order.
9 Del. C. § 4951 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4951
§ Â
        4951. 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 governments in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of county government can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions.

(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
9 Del. C. § 2503 — Delaware Code / Title 9 / Chapter 25 / Section 2503
§ Â
        2503. Existing building; application to.
Status: in_force

No provision as adopted by the County Council shall be construed to require any change in, alteration of or addition to a legally existing building or structure or the premises connected therewith, unless specially stated to so apply.
9 Del. C. § 4609 — Delaware Code / Title 9 / Chapter 46 / Section 4609
§ Â
        4609. Validation of prior establishment of districts.
Status: in_force

Any district heretofore established pursuant to the provisions of this chapter is hereby declared and determined to have been validly established, regardless of the failure of the county government or any of its officials or employees to comply with the requirements as to the establishment of such district set forth in this chapter, and notwithstanding that any of the proceedings taken to establish such district were not validly taken, and notwithstanding that the area of the district is less than the area in which the proposed sewage improvements are to be constructed and that such sewage improvements will serve an area greater than the area of such district; provided, however, that any assessment levied on the lots and parcels of land in such district or any extension thereof shall be in proportion as nearly as may be to the benefit which each parcel would derive from such proposed sewage improvements, regardless of the total cost of such sewage improvements. Sewage disposal systems may be constructed on behalf of any such district either within or without the area of the district, to serve the district, any other district heretofore or hereafter established, and any municipality or other political subdivision of the State or agency which may contract for the use and services of the sewage system. Bonds of the county government may be issued to finance the cost of such sewage system whether authorized by bond resolutions heretofore or hereafter adopted by the county government. The bonds shall be payable in the manner provided by § 4656 of this title.
9 Del. C. § 1001 — Delaware Code / Title 9 / Chapter 10 / Section 1001
§ Â
        1001. Purpose.
Status: in_force

The purpose of this chapter is to prevent the deterioration of for-profit cemeteries in each county and to empower each county to enforce maintenance regulations and penalties for the failure to follow such regulations.
9 Del. C. § 8743 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8743
§ Â
        8743. Affidavit and writ of attachment.
Status: in_force

(a) In attachment proceedings under this subchapter, an affidavit shall be made and filed by the office of finance, or by some creditable person for it, stating that the defendant is justly indebted to the plaintiff in the sum of (stating the sum due for taxes) for the year (stating the year for which the taxes are due) with the prothonotary of the appropriate court and thereupon the prothonotary or Clerk of the Court of Common Pleas or the justice of the peace (as the case may be), shall issue a writ of attachment directed to the Sheriff of New Castle County commanding the Sheriff that the Sheriff attach all the lands and tenements, goods and chattels, rights and credits, moneys and effects of the defendant within New Castle County to answer the plaintiff in a cause of action wherein the sum of . . . . . . . . dollars for taxes for the year . . . . . . is demanded and that the Sheriff summon any garnishee or garnishees of the defendant found within the Sheriff’s bailiwick to appear before the Superior Court or before the Court of Common Pleas or before the justice of the peace (as the case may be), on the . . . . . . . . day of . . . . . . . ., A.D. . . . . . . at . . . . . . o’clock in the . . . . . . to answer what goods and chattels, rights and credits, moneys and effects of the defendant may be in the defendant’s hands and that the defendant have then and there the writ of attachment with the defendant’s doings thereon duly endorsed. The writ of attachment shall be returnable within 15 days. There shall be omitted from the writ of attachment, if issued by the Clerk of the Court of Common Pleas or by a justice of the peace the words “lands and tenements.”

(b) Under the writ of attachment, if issued by the prothonotary, the sheriff shall be authorized to attach not only the lands and tenements belonging to the defendant, but such other lands and tenements, or any part thereof, theretofore belonging to the defendant against which the taxes sued for are a lien.

(c) If the sheriff is unable to find any property, rights, credits, moneys or effects of the defendant subject to attachment within the sheriff’s bailiwick or in the hands of any person within the sheriff’s bailiwick, then a further writ or writs of attachment may be issued until the sheriff shall find property, rights, credits, moneys or effects subject to attachment within the sheriff’s bailiwick.
9 Del. C. § 2504 — Delaware Code / Title 9 / Chapter 25 / Section 2504
§ Â
        2504. Registration and testing of contractors.
Status: in_force

The County Council may promulgate rules and regulations requiring persons engaged in construction activity regulated by the New Castle County Building Code to register with the Department of Land Use and take such tests or examinations necessary to demonstrate that such persons are competent to complete regulated work in a safe and sanitary manner.
9 Del. C. § 703 — Delaware Code / Title 9 / Chapter 7 / Subchapter I / Section 703
§ Â
        703. Tax exemption of parks and recreation areas.
Status: in_force

All land and property which shall be held, laid out and used for any park or recreation area or which shall be purchased or acquired for such use or purpose under the provisions of this chapter shall be forever free from state, county and municipal taxation so long as used for such purposes.
9 Del. C. § 3301 — Delaware Code / Title 9 / Chapter 33 / Section 3301
§ Â
        3301. 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 New Castle County in accordance with this chapter.

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

(3) “Cost” includes the cost of:

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

b. All machinery and equipment including machinery and equipment needed to expand or enhance county services to the special development districts created pursuant to § 3302 of this title.

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

d. Extensions, enlargements, additions and improvements;

e. Architectural, engineering, financial and legal services;

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

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

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

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

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

(6) “County executive” means New Castle County Executive or designee.
9 Del. C. § 8337 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8337
§ Â
        8337. State Farmland Evaluation Advisory Committee.
Status: in_force

(a) There is created a State Farmland Evaluation Advisory Committee, consisting of 3 members. One member shall be the Dean of the College of Agricultural Sciences of the University of Delaware; 1 member shall be appointed by the Governor from a list of 3 eligible citizens, which list shall be supplied the Governor by the Executive Committee of the Delaware State Grange; and 1 member shall be appointed by the Governor from a list of 3 eligible citizens, which list shall be supplied the Governor by the Executive Committee of the Delaware Farm Bureau. No more than 2 members of the Committee shall be of the same political party. Each member shall be a citizen of this State and shall be appointed for a term of 3 years beginning on the 1st day of July in the year of appointment. Vacancies for any cause other than the expiration of term shall be filled by the Governor for the unexpired term.

(b) The Committee shall meet from time to time on the call of the Dean of the College of Agricultural Sciences and annually determine and publish a range of values for each of the several classifications of land in agricultural, horticultural or forest use in the various areas of the State. The primary objective of the Committee shall be the determination of the ranges in fair value of such land based upon its productive capabilities when devoted to agricultural, horticultural or forest uses. In making these annual determinations of value, the Committee shall consider available evidence of agricultural, horticultural or forest capability derived from the soil survey and such other evidence of value of land devoted exclusively to agricultural, horticultural or forest uses as it may in its judgment deem pertinent. On or before February 1 of each year, the Committee shall make these ranges of fair value available to the assessing authority in each of the taxing districts in which land in agricultural, horticultural and forest use is located. The Committee shall review at least every 2 years the formula, method or system being utilized to determine the ranges of fair values for agricultural, horticultural and forestry land and make such changes and revisions as are required to insure that the objectives of this section are met. The formula used by the Committee shall be based on not less than the preceding 20 years of land values.
9 Del. C. § 6304 — Delaware Code / Title 9 / Chapter 63 / Section 6304
§ Â
        6304. Inspections.
Status: in_force

Each or any member of the Department of Finance shall make the necessary inspections to see that the provisions of this chapter are complied with and may order or compel the suspension of any work that is not in compliance with this chapter.
9 Del. C. § 8132 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8132
§ Â
        8132. Qualifications and amount of exemption.
Status: in_force

(a) Every person, a resident of this State of the age of 65 or more years, having an income not in excess of $3,000 per year and residing in a dwelling house owned by the person which is a constituent part of the person’s real property, shall be entitled, on proper claim being made therefor, to exemption from taxation on such real property to an assessed valuation not exceeding $5,000 in the aggregate, except that:

(1) No such exemption shall be in addition to any other exemption to which said person may be entitled; and

(2) No such exemption shall be permitted where said person’s spouse lives in said dwelling house and has an income in excess of $3,000 per year.

(b) Nothing in this subchapter shall be construed to apply to property taxes levied within and by a municipality.

(c) Nothing in this subchapter shall be construed to apply to ditch taxes and sewer taxes.
9 Del. C. § 1132 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1132
§ Â
        1132. Preparation of the annual operating budget; distribution of budget requests; completed forms; preliminary budget; preliminary budget hearings; operating budget; distribution of operating budget.
Status: in_force

(a) The Chief Administrative Officer shall annually, not later than January 1, distribute budget request forms to the County Council and for each office, department, board, or agency which is receiving or seeking to receive an appropriation from the County Council payable from any operating fund of the County.

(b) County Council and the heads of all offices, departments, boards or agencies shall enter upon the budget request forms requests for appropriations for the ensuing year and such supporting information as the Chief Administrative Officer shall have specified. The Chief Administrative Officer shall establish deadlines for the presentation of completed forms by such time and in such manner as necessary for the timely preparation and presentation of the annual operating budget.

(c) The Chief Administrative Officer shall prepare a preliminary budget for the consideration of the County Executive. The preliminary budget shall include all budget requests, the recommendations of the Chief Administrative Officer with respect to each request, an estimate of the receipts from each source of revenue, and a statement of the total estimated income and the total recommended expenditures for each operating fund.

(d) The County Executive shall review the preliminary budget and may hold hearings thereupon at which the head of all offices, departments or boards may be given an opportunity to be heard with respect to their requests. The Chief Administrative Officer shall thereupon prepare the operating budget as directed by the County Executive. The operating budget shall be presented to the County Council by the County Executive, together with a budget message outlining the County Executive’s reasons for the requested appropriations, and shall be accompanied by proposed revenue and operating budget ordinances to give effect to the budget as presented. If the estimated revenue from existing sources is deemed by the County Executive to be insufficient to balance the budget, the County Executive shall recommend revenues sufficient to achieve a balanced budget.

(e) The proposed ordinance for the operating budget shall provide appropriations in a lump sum under the following classes for each office, department, or board to which appropriations are made:

(1) Personal services of officers and employees;

(2) Contractual services;

(3) Training;

(4) Communications and utilities;

(5) Materials and supplies;

(6) Equipment;

(7) Grants and fixed charges;

(8) Debt services;

(9) Such other general classes as the County Executive or the County Council may annually establish.

(f) The operating budget and the proposed revenue and operating budget ordinances shall be submitted to the County Council not later than April 1. Sufficient copies of the operating budget shall be supplied by the County Executive to the Clerk of the County Council for distribution to members of the County Council and to interested citizens.
9 Del. C. § 8314 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8314
§ Â
        8314. Report of total assessed valuation.
Status: in_force

(a) After the closing of the hearings, the settlement of all appeals, and the adjustment of the assessment lists, each board of assessment shall ascertain the total of the assessed valuation of its county and certify the same to the county governing body as a basis on which the governing body may estimate and fix the tax rate. Each Board of Assessment Review shall certify the total of the assessed valuation to the county government through the Department or Office of Finance.

(b) The certification in Kent County shall be by May 1.
9 Del. C. § 1375 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1375
§ Â
        1375. Collection of taxes.
Status: in_force

The Office shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to May 26, 1965, in the Receiver of Taxes and County Treasurer. To this end, the Office shall be entitled to the use of and shall be responsible for the application of all processes of law available prior to May 26, 1965, to the Receiver of Taxes and County Treasurer.
9 Del. C. § 803 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 803
§ Â
        803. Authority to establish systems.
Status: in_force

Kent County may establish a countywide library system or 1 or more district library systems by ordinance after public hearing held after 10 days’ notice published once in a newspaper of general circulation in the County. In the event a district library is created said ordinance shall also create a library commission for each library district to advise the Levy Court on the operation of the district library. This power includes the power to acquire real estate by purchase, gift or devise.
9 Del. C. § 1103 — Delaware Code / Title 9 / Chapter 11 / Subchapter I / Section 1103
§ Â
        1103. Exercise of powers.
Status: in_force

All powers of the government of New Castle County shall be carried into execution as provided by this title or by other law of this State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the County Council of New Castle County.
9 Del. C. § 8151 — Delaware Code / Title 9 / Chapter 81 / Subchapter III / Section 8151
§ Â
        8151. Property subject to exemption.
Status: in_force

Land and improvements held by a church, religious society, charitable corporation, or nonprofit organization principally devoted to housing of elderly persons and not held for investment and which is constructed pursuant to the provisions of § 231 of the National Housing Act, as presently in effect and set forth in 12 U.S.C. § 1715v and which is regulated by the Federal Housing Commissioner pursuant to such section and pursuant to the applicable federal regulations presently in effect adopted by the Federal Housing Commissioner, shall not be liable to taxation and assessment for public purposes by any county or other political subdivision of this State; provided, however, that no less than 75% of the dwelling units in the property shall be rented and occupied at all times by elderly persons as defined in § 8152 of this title and the entire property shall be operated on a nonprofit basis.
9 Del. C. § 8778 — Delaware Code / Title 9 / Chapter 87 / Subchapter IV / Section 8778
§ Â
        8778. Costs upon sale of lands.
Status: repealed

(a) In cases of sale of lands, under this subchapter, for the payment of taxes, the following costs shall be allowed to be deducted from the proceeds of sale, or chargeable against the owner:

(b) In addition the costs of printing handbills and publication of advertisements of sale under this subchapter, together with the miles necessarily traveled by the tax collecting authority in posting the handbills shall be chargeable as costs. Mileage shall be computed and chargeable at the rate provided by [former] § 9115 [repealed] of this title.

(c) The cost of the deed shall not be chargeable as costs, but shall be paid by the purchaser.
9 Del. C. § 4614 — Delaware Code / Title 9 / Chapter 46 / Section 4614
§ Â
        4614. Sewage charges and revenues.
Status: in_force

(a) The county government may, after a public hearing called and held in the manner provided in § 4604 of this title, by ordinance or resolution, establish charges for the use of a sewage system or any part or parts thereof. Such charges may be based on any of the following:

(1) The consumption of water on the premises connected with and served by the sewage system or such part or parts thereof;

(2) The number and kind of plumbing fixtures on the premises connected with and served by the sewage system or such part or parts thereof;

(3) The number of persons served on the premises connected with and served by the sewage system or such part or parts thereof;

(4) The volume and character of sewage, industrial waste and other waste discharged into the sewage system or such part or parts thereof; or

(5) Any other equitable basis determined by the county government including but not limited to any combination of the foregoing.

(b) Such sewage charges, together with the amount of any penalty and interest prescribed by the county government and due for nonpayment of such charges, shall constitute a lien upon the real property served by the sewage system or such part or parts thereof for which sewage charges shall have been established and imposed. The lien shall be prior and superior to every other lien or claim except as otherwise may be provided by law.

(c) The county government on behalf of a sewer district may bring and maintain an action:

(1) To collect sewage charges in arrears including penalties and interest; or

(2) To foreclose liens for such sewage charges.

As an alternative to the maintenance of any such action, the county government may annually cause a statement to be prepared stating the amount of each lien for sewage charges in arrears including penalties, the real property affected thereby, and the name of the person in whose name such real property is assessed. The county government shall cause to be levied the amounts contained in such statements against the real property at the same time and in the same manner as county taxes, and such amounts shall be set forth in a separate column in the annual tax rolls. The amount so levied shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of county taxes.

(d) The ordinance or resolution establishing and imposing sewage charges:

(1) Shall describe the sewer system or the part or parts of the sewer system for which such charges shall be established and imposed;

(2) Shall prescribe the basis for such charges;

(3) Shall provide for the date or dates on which sewage charges shall become due and payable; and

(4) May provide for penalties and interest for sewage charges in arrears, or for discounts for the prompt payment of such charges, or for penalties, interest and discounts.
9 Del. C. § 1311 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1311
§ Â
        1311. Board of Adjustment.
Status: in_force

The Board of Adjustment shall consist of 7 members who shall be residents of New Castle County who shall have knowledge of, and experience in, the problems of urban and rural development, and who, at the time of appointment, shall not be candidates or candidates-elect for, or incumbents of, elective public office. The County Executive, with the advice and consent of the County Council, shall appoint 6 members for terms of 4 years. The County Executive, with the advice and consent of the County Council, shall appoint 1 member who shall be chairperson and who shall serve at the pleasure of the County Executive. The compensation of the members of the Board of Adjustment shall be determined by the County Council.
9 Del. C. § 1310 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1310
§ Â
        1310. Legal effects of previously established road locations and road lines.
Status: in_force

(a) All locations and lines of roads and other actions of the County related to subdivision of land and opening of roads legally established in New Castle County prior to January 3, 1967, and legally established prior to the adoption of an ordinance establishing an official map in accordance with §§ 1154, 1307 and 1308 of this title, shall remain in full force and effect until changed in accordance with Chapter 11 of this title. Any county maps or records showing the locations and lines of roads, and dealing with other matters related to the subdivision of land, and legally established prior to January 3, 1967, shall continue in force and effect until changed in accordance with this chapter and Chapter 11 of this title.

(b) Pending the enactment of an ordinance establishing the location and lines of roads in accordance with Chapter 11 of this title and this chapter, changes in locations and lines of roads, legally established, and in the locations and lines of new roads shall be recorded only after approval by the County Council and shall be presented to the Department for review before such changes or new locations and lines are adopted by the County Council. Such changes, or new locations and lines shall also be presented to the State Department of Transportation for approval before being adopted by the County Council, provided that the approval of the State Department of Transportation shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the changes or new locations and lines to the State Department of Transportation. The approval of a plan or proposal by the County Council to make changes in locations and lines of existing roads or creating new roads shall, when recorded, be deemed and taken as an acceptance of the intended locations and lines of roads, but shall not impose any duty upon the County Council or upon the State Department of Transportation respecting the maintenance or improvement thereof.

(c) No plat of land changing locations and lines of roads legally established, or creating locations and lines of new roads, shall be received or recorded by the Recorder of Deeds of New Castle County until the plat shall have been submitted to and approved by the Department and the County Council and such approvals are endorsed in writing on the plat by the general manager and the President of the County Council. The filing or recording of a plat without the approval of the general manager of the Department of Land Use and the County Council shall, upon application of the general manager of the Department of Land Use or the County Council to the Superior Court in and for New Castle County, be expunged from the records.

(d) The County Council may prescribe a schedule of fees based on the cost to the County for considering proposed plats to be paid by those submitting the plats. The County Council may prescribe reasonable rules and regulations governing the size and character of plats to be submitted for consideration and the information to appear on the plats and the markers, boundary stones or stations to be installed.

(e) Pending the enactment of an ordinance establishing an official map or regulating the development or subdivision of land as provided by this chapter, the Department shall approve or disapprove a plat within 40 days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Department on demand. Such period may be extended by mutual agreement between the Department and the applicant for the Department’s approval. The grounds of disapproval of any plat shall be stated upon the records of the Department and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by the Department without affording a hearing thereon. Notice of the time and place of the hearing shall be sent by registered mail to such applicant not less than 5 days before the date fixed therefor. In the application the applicant may waive the requirement of such hearing and notice.
9 Del. C. § 6714 — Delaware Code / Title 9 / Chapter 67 / Section 6714
§ Â
        6714. Discontinuance of water supply for failure to pay service charge.
Status: in_force

Each city or town or other public corporation owning or operating any water distribution system serving 3 or more parcels of real property in the County, and every other person owning or operating any such system may enter into and perform a contract with the County that it will, upon request by the county government specifying a parcel of real property in the County charged with any unpaid service charge under § 6709 of this title, cause the supply of water from its system to such parcel of real property to be stopped or restricted, as the county government may request, until the service charge and any subsequent service charge charged to such parcel and the interest accrued thereon is fully paid or until the county government directs otherwise. No such city or town or other public corporation or other person shall be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such supply, and the county government shall pay the reasonable cost of so stopping or restricting such supply and of restoring the same and may agree to indemnify such city or town or public corporation or other person from loss or damage by reason of such stopping or restriction, including loss of profits.
9 Del. C. § 8708 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8708
§ Â
        8708. Actions for recovery in New Castle County â Appeals; attachment.
Status: in_force

(a) The Office of Finance in New Castle County, if it fails to proceed or is prevented from proceeding by reason of the death, insolvency or bankruptcy of the person or corporation liable for the payment of any taxes, or for any other cause, may, in any case, recover the amount of such taxes as it is by law authorized to collect in a civil action in any court of competent jurisdiction, against the person to whom property is assessed or in case the property is owned by any person to whom it is not assessed, then against the owner or owners of the property. If service, as in other civil actions or actions of debt, be had upon any 1 of several owners of real estate upon which taxes are levied, service need not be had upon the other owner or owners of the real estate, if a copy of the writ is left with the tenant in possession or posted upon the premises 6 days before the return of the process. In such an action, it shall be sufficient to set forth that the action is to recover a specified sum of money being a tax assessed against property owned by the defendant in whole or in part, together with such description of the property, as will be sufficient to identify the same and the year for which the taxes were levied.

(b) A right of appeal shall be the same as in other civil actions.

(c) In case any defendant is a nonresident or a corporation not organized under the laws of this State, proceedings may be had in the Superior Court for the county by attachment. The writ of attachment shall be framed, directed, executed and returned and like proceedings had as in other cases of foreign attachment in this State, except that the Office of Finance shall only be required to make and file with the Prothonotary an affidavit stating that the defendant resides out of the State or is a corporation not existing under the laws of the State (as the case may be), and that the defendant or it is justly indebted for taxes in the sum of . . . . . . dollars.
9 Del. C. § 1129 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1129
§ Â
        1129. Local service functions; Local Service Function Review Committee.
Status: in_force

(a) New Castle County shall create the Local Service Function Review Committee ( “Committee” ) for the purpose of conducting an annual review of this subpart of this subchapter. The Committee must complete the review no later than August 3.

(b) The Local Service Function Review Committee is comprised of the following representatives:

(1) The Chief Financial Officer, or a designee, who serves as chair.

(2) One member of County Council, selected by the County Council.

(3) Two members from municipal governments in New Castle County appointed by the County Council from a list of names provided by the Delaware League of Local Governments.

(4) One member who is a resident of New Castle County and who owns real property in the unincorporated area of New Castle County, appointed by the County Council.

(c) (1) The chair of the Committee must provide the Committee with administrative support, including the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports.

(2) a. A quorum of the Committee is a majority of its members.

b. Official action by the Committee requires the approval of a quorum of the Committee.

c. The Committee may adopt rules necessary for its operation and may create working subcommittees.

d. The chair of the Committee may invite individuals with relevant expertise to participate in the Committee’s discussions.

(d) (1) The Committee shall include all of the following in the annual review under subsection (a):

a. The calculation procedure under § 1126 of this title.

b. The New Castle County service percentage or credit percentage process under § 1128 of this title.

c. Changes to the service functions that are eligible for an individual LSF tax rate under § 1128 of this title.

(2) The Committee’s review must include a specific topic under paragraph (d)(1) of this section that is requested by a municipality before June 1 of the current year.

(e) The Local Service Function Review Committee must provide an annual report containing a summary of the review conducted under this section and any recommendations for improvements to all members of the County Council, each municipality in New Castle County, all members of the General Assembly who represent New Castle County, and the Director and the Librarian of the Division of Legislative Services by September 15 of each year.
9 Del. C. § 4121 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4121
§ Â
        4121. State or federal aid and programs.
Status: in_force

The Kent County government may receive money or grants from the State or the United States of America and may enter into agreements or contracts with the State or the United States relating to such money or grants. The Kent County government is authorized to enact resolutions providing for programs and services for the purposes for which said federal funds are granted to the Kent County government and to spend out of county funds any share required as a condition of said grants.
9 Del. C. § 8618 — Delaware Code / Title 9 / Chapter 86 / Section 8618
§ Â
        8618. Refund of county taxes paid in error; refund after assessment appeal.
Status: in_force

(a) County taxes paid through error or by mistake may be refunded by the county government of the county in which the taxes were paid as follows:

(1) The person claiming a refund of taxes shall file with the county government a request for refund in writing stating why it is believed the taxes were paid in error;

(2) The county government shall submit the request for refund to the tax collecting authority of the county for approval of the payment of the refund, and shall make no refund unless the tax collecting authority approves the refund in writing;

(3) The county government shall keep a record of all refunds for at least 3 years, which record shall be available in accordance with the State Freedom of Information Act [§ 10001 et seq. of Title 29].

(b) County taxes determined to be overpaid after an assessment appeal by a taxpayer shall be refunded or credited in accordance with § 8311 of this title.
9 Del. C. § 510 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 510
§ Â
        510. Persons entitled to vote.
Status: in_force

(a) Every citizen who resides in the community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the community is a part at a general election if such general election were held on the day of such election in the community, and every owner of real property in the community, may vote at such election, whether or not that owner is at the time a registered voter.

(b) Any real property owner who has sold his or her property or properties in the community subsequent to the preparation of the survey and plot made by the Department of Transportation shall not be permitted to vote but the then-owner of the property or properties shall be entitled to vote in the former property owner’s place and stead upon furnishing the judge of election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded.

(c) Any person claiming the right to vote at the election as an heir of any real property owner in the community who has died, or as trustee or guardian under the terms of the last will and testament of any such real property owner shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person’s ownership of, or interest in, the property of any such real property owner, and shall thereupon be entitled to vote in the place and stead of such deceased real property owner.

(d) Wherever the property of such deceased real property owner in the suburban community is left to joint tenants or tenants in common, the following rules shall prevail:

(1) The vote of any 1 joint tenant or tenant in common shall be received where no other such tenant appears claiming the right to vote;

(2) Where 1 joint tenant or tenant in common votes in opposition to another, the vote shall be cancelled;

(3) A majority of the votes of any such joint tenants or tenants in common shall determine the manner in which the vote shall be cast;

(4) The vote of any life tenant shall be accepted over the person having a reversionary interest in the property in the suburban community.
9 Del. C. § 903 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 903
§ Â
        903. Inspections of facilities and premises; suspension of kennel or retail dog dealer license [Transferred].
Status: in_force

Transferred to § 3043F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 2310 — Delaware Code / Title 9 / Chapter 23 / Section 2310
§ Â
        2310. Adjustment of assessment for cost of existing sewers included in a district.
Status: in_force

In the case where a sanitary sewer district shall include areas wherein sanitary sewers have been constructed under the authority of the County Council, or by incorporated towns, corporations or individuals, the necessary adjustments shall be made with each property owner for those costs already incurred by the property owner when those sewers were constructed. Such excess costs shall be credited to future assessments levied by the district.
9 Del. C. § 556 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 556
§ Â
        556. Election to authorize bond issue; fixing time for holding; voting list.
Status: in_force

(a) Upon receipt of approval from the county engineer, as provided for in § 555 of this title, the county government shall fix a date for an election, at which all freeholders of the community may vote, on the question whether the county government should proceed to issue bonds in the manner hereinafter provided, in an amount sufficient to finance the cost of the improvements contemplated.

(b) The election shall be held not less than 20 days nor more than 30 days after receipt of the approval from the county engineer.

(c) The clerk of the peace shall prepare from the books and records of the board of assessment of the county in which the suburban community is situated, a list of the names and addresses of all freeholders of the suburban community. Opposite the name of each freeholder the clerk shall put the number of votes each such freeholder may cast, which shall be on the basis of 1 vote for each front foot of property owned by each freeholder to be protected by the contemplated improvement or improvements. In determining the number of votes to be cast by each freeholder as set forth above, the fractions of feet shall be disregarded. Such list, except as hereinafter provided, shall constitute the voting list for the election.
9 Del. C. § 3203 — Delaware Code / Title 9 / Chapter 32 / Section 3203
§ Â
        3203. Bonds to finance development of industrial, commercial or residential area authorized.
Status: in_force

In addition to whatever other powers it may have, and notwithstanding any limitation of law, the county may borrow money by issuing and selling bonds, at any time and from time to time, for the purpose of financing the development of an industrial, commercial or residential area. The issuance of general obligation bonds pursuant to this chapter shall comply with any debt limits otherwise applicable to the county.
9 Del. C. § 8311 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8311
§ Â
        8311. Appeals and corrections upon completion of annual assessment.
Status: in_force

(a) The Board of Assessment Review for New Castle County or its representatives shall hear appeals and make additions, alterations or corrections to the assessment. Any person desiring to take an appeal shall prior to March 15 file written notice thereof with the Board on such forms as the Board may prescribe and make available upon request, setting forth the assessment or assessments appealed from, the name and address to which the Board shall mail notice of the time and place of hearing, and such other information as the Board may require. The Board or its representatives shall hold hearings on a schedule and in the manner determined by it to be the most appropriate and efficient to handle all appeals in a timely manner. The Board shall provide at least 10 days’ notice of the time, place and manner of the hearing by sending notice to the appealing party pursuant to § 8324 of this title. Failure of the appealing party to appear at the time and place fixed by the Board constitutes abandonment of the appeal.

(b) The Board of Assessment Review for Kent County or its representatives shall hear appeals and make additions, alterations or corrections to the assessment from March 1 to May 31 of each year or until all appeals have been heard and acted upon during a year of reassessment.

(c) The Board of Assessment Review for Sussex County or its representatives shall hear appeals and make additions, alterations or corrections to the assessment from March 1 to May 31 of each year or until all appeals have been heard and acted upon during a year of reassessment.

(d) If an assessment appeal results in reduction in the assessed value of real property and, as a result of that reduction, a property owner has overpaid any taxes collected by the county in the tax year the appeal was filed, the property owner is entitled to a refund of the tax overpayment if the total overpayment is $50 or more. If the total overpayment is less than $50, the county may elect to refund the overpayment or apply it as a credit to offset any subsequent tax obligation billed to that property.
9 Del. C. § 2304 — Delaware Code / Title 9 / Chapter 23 / Section 2304
§ Â
        2304. Public hearing; notice.
Status: in_force

The County Council, upon receipt of a petition submitted as provided in § 2303 of this title, shall, and the County Council may, upon its own motion and without having received such a petition, set a date for a public hearing on the question of organizing a sanitary sewer district. The hearing shall be held at such time as may be fixed by the County Council and shall be previously advertised by posting a notice, in 4 of the most public places within the proposed district, at least 10 days prior thereto and by publishing a notice in a newspaper published within the County and having a general circulation therein, once in each of 2 weeks immediately preceding the week in which the hearing is to be held. All interested persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected by the granting of the petition shall be heard on any question dealing with the location of the boundaries of the district. Such notice shall contain a description of the boundaries of the proposed sanitary district and if the public hearing is ordered as a result of the filing of a petition such boundaries shall be those described in the petition.
9 Del. C. § 3204 — Delaware Code / Title 9 / Chapter 32 / Section 3204
§ Â
        3204. Payment of bonds.
Status: in_force

Bonds shall be payable from the special fund described in this chapter, and county council may grant a security interest in such fund to secure such payment, it may also pledge its full faith and credit or establish sinking funds, establish debt service reserve funds, or pledge other assets and revenues towards the payment of the principal, premium, if any, and interest, including special taxes levied and collected pursuant to Chapter 33 of this title.
9 Del. C. § 9125 — Delaware Code / Title 9 / Chapter 91 / Section 9125
§ Â
        9125. Chief deputies.
Status: in_force

(a) The clerk of the peace, Sheriff, Recorder of Deeds and Register of Wills in New Castle County each may select and employ 1 chief deputy who shall serve at the pleasure of the appointing officeholder. The provisions of this section shall not authorize any elected officeholder to increase the number of employees in any of the several county offices.

(b) The compensation to be paid the chief deputy shall be set by the appointing officeholder. However, the compensation shall not exceed the salary set by statute for the officeholder, except that the salary of the Sheriff’s chief deputy shall not exceed the highest salary set pursuant to this subsection.
9 Del. C. § 8709 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8709
§ Â
        8709. Actions for recovery in New Castle County â Judgments; execution.
Status: in_force

If judgment be rendered in favor of the Office of Finance in an action under § 8708 of this title, an execution shall issue against the real or personal estate of the defendant. No execution against the real estate shall issue except out of the Superior Court. Where such judgment is recovered before the Court of Common Pleas or before a justice of the peace and it is the desire of the Office of Finance to proceed against the real estate, the Office of Finance shall take a transcript of the judgment from the Court of Common Pleas or justice of the peace and cause the same to be entered in the Superior Court in and for New Castle County. When such transcripts are entered, the subsequent proceedings shall be the same as upon other judgments. The lien of the judgment shall relate back and take effect from July 1 of the year for which the taxes upon which the judgment was recovered were levied.
9 Del. C. § 9615 — Delaware Code / Title 9 / Chapter 96 / Section 9615
§ Â
        9615. Delivery of records to Delaware Public Archives; photocopies; evidence.
Status: in_force

(a) The recorder, in each of the counties, upon the advice and approval of the Resident Judge of the Superior Court of the county, may deliver to the Delaware Public Archives, with the consent of the State Archivist and Records Administrator, for preservation in the public archives of the State, at Dover, any volume of land records in the recorder’s official custody, the age and conditions of which render its continued use by the public inadvisable, and the recorder shall take a receipt for the same which receipt shall be recorded in the office from which such volume or record is taken.

(b) Within a reasonable time after any such volume or record has been delivered to the Delaware Public Archives, the State Archivist and Records Administrator shall make a photocopy of its contents and shall certify that such contents are complete and correct, and such certificate shall be included in such photocopy. Such photocopy shall be delivered to the recorder from which the original volume was received. The recorder may issue certified copies of any records photocopied under the provisions of this section. Any such certified copy shall be admissible as evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume.

(c) The Recorder of Deeds, in and for New Castle County, upon approval of the Resident Judge of the Superior Court, in and for New Castle County, may photocopy or microfilm any volume of land records in his or her official custody, the age and condition of which render its continued use by the public inadvisable. The Recorder of Deeds shall certify that the contents of such copies are complete and correct. When so copied and certified, the Recorder of Deeds may issue certified copies of any instrument contained in the copy of the original volume, and any such certified copy shall be admissible in evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volume. Any original volumes of land records so copied and certified by the Recorder of Deeds may be delivered to the Delaware Public Archives with the consent of the State Archivist and Records Administrator for preservation in the public archives of the State. The Recorder of Deeds shall certify to the State Archivist and Records Administrator that the copying of the original volume or volumes was done under the Recorder of Deeds’ authorization and supervision, that it meets standards for methods and materials established by the Delaware Public Archives under the provisions of § 517 of Title 29, and he or she shall take receipt for the same and the receipt shall be preserved in the office of Recorder of Deeds, in and for New Castle County.

(d) The Recorder of Deeds, in and for Sussex County, upon advice and approval of the Resident Judge of the Superior Court in and for Sussex County, may photocopy or microfilm any volume of land records in his or her official custody, the age and condition of which render its continued use by the public inadvisable. Such copy or microfilm shall be indexed and stored as provided for in § 9605(e) of this title. The Recorder of Deeds shall certify that the contents of such copies are complete and correct. When so copied and certified, the Recorder of Deeds may issue certified copies of any instrument contained in the copy of the original volume, and any such certified copy shall be admissible in evidence in any court of justice in the same manner and entitled to the same weight and have the same effect as certified copies made from the original volumes. Any original volume of land records so copied and certified by the Recorder of Deeds may be delivered to the Delaware Public Archives with the consent of the State Archivist and Records Administrator for preservation in the public archives of the State. The Recorder of Deeds shall certify to the State Archivist and Records Administrator that the copying of the original volume or volumes was done under his or her authorization and supervision, that it meets standards for methods and materials established by the Delaware Public Archives under the provisions of § 517 of Title 29, and the Recorder of Deeds shall take a receipt for the same and the receipt shall be preserved in the office of Recorder of Deeds.
9 Del. C. § 330 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 330
§ Â
        330. General powers and duties.
Status: in_force

(a) The county government of each county shall:

(1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and

(2) Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the respective counties, or in, or appertaining to, the office of the county governing officials of each county; and

(3) Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective counties, or to the office of the county governing officials of the county; and

(4) Have the power and authority to impose and collect by ordinance a tax upon the transfer of real property situate within unincorporated areas of the county, subject to the conditions and limitations provided in § 8102 of this title.

(b) The county governments of the several counties shall take care that:

(1) The affairs of the respective counties are administered with efficiency and economy; and

(2) The officers and employees of the counties, chosen and appointed by the county governments, shall faithfully perform the duties imposed upon them.

(c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code.

(d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations:

(1) Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers;

(2) Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives;

(3) Law-enforcement agencies conducting firearms safety and training programs;

(4) Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings;

(5) Compliance by persons subject to protection from abuse court orders;

(6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others;

(7) Officers or employees of the United States duly authorized to carry a concealed firearm;

(8) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties.

(e) For the purposes of this section, “county building” means a building where a county government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a county-owned or -leased building, such building shall be considered a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.
9 Del. C. § 4101 — Delaware Code / Title 9 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Definitions.
Status: in_force

(a) As used in this part:

(1) “County” means Kent County.

(2) “County government” means the governing body of Kent County.

(b) Any reference in the Delaware Code or any other law of this State to the Receiver of Taxes and County Treasurer for Kent County or the County Comptroller for Kent County shall be construed to mean the Department of Finance of Kent County as created by § 4123 of this title.
9 Del. C. § 743 — Delaware Code / Title 9 / Chapter 7 / Subchapter III / Section 743
§ Â
        743. Proof of ordinances.
Status: in_force

All ordinances, orders and resolutions of the governing board of any park district and the date of the publication thereof may be proved by the certificate of its secretary under the seal of the district. When printed in book or pamphlet form purporting to be published by the governing board such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders, and resolutions as of the dates mentioned in such publication in all courts or places without further proof.
9 Del. C. § 1371A — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1371A
§ Â
        1371A. Board of Assessment Review.
Status: in_force

The New Castle County Council, by ordinance, shall establish the Board of Assessment Review.

(1) The Board of Assessment Review consists of 9 regular members and 3 alternate members, as follows:

a. Eight regular members and 3 alternate members appointed by the County Council, subject to the following:

1. Each individual must be a resident and freeholder of the County.

2. Each individual appointed or reappointed after May 24, 2018, is appointed for a term of 4 years.

b. One regular member appointed by the County Executive with the advice and consent of the County Council, who serves at the pleasure of the County Executive.

c. The member appointed under paragraph (1)b. of this section shall be the Chair.

(2) Each member is entitled to renumeration as determined by the County Council.
9 Del. C. § 6909 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6909
§ Â
        6909. Commissionâs powers in conduct of public hearings.
Status: in_force

For the purpose of any public hearing under this subchapter, the Commission shall have power to summon witnesses, administer oaths and compel the giving of testimony. A taped recording or written transcript shall be made and become a part of the Commission’s public records.
9 Del. C. § 4610 — Delaware Code / Title 9 / Chapter 46 / Section 4610
§ Â
        4610. Plans and specifications.
Status: in_force

After a district shall have been established, the county government shall cause to be prepared by the County Engineer or duly licensed engineer employed or contracted for that purpose, detailed plans and specifications for the improvement, a detailed estimate of the expense, and with the assistance of the attorney for the county government, or other legal or professional help employed or contracted for that purpose, a proposed contract or contracts for the execution of the work.
9 Del. C. § 4158 — Delaware Code / Title 9 / Chapter 41 / Subchapter V / Section 4158
§ Â
        4158. Sale of bonds.
Status: in_force

The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that any part or all of the bonds shall be sold, the county government may sell and dispose of the same at public sale after having advertised the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid to any members of the county government for effecting the sale or negotiation of such bonds.
9 Del. C. § 2308 — Delaware Code / Title 9 / Chapter 23 / Section 2308
§ Â
        2308. Construction of system adequate for future connections.
Status: in_force

The County Council may construct and maintain main sewers and sewage treatment works in order to provide a satisfactory outlet for any subdivision which may at any future time connect submain or lateral sewers to it.
9 Del. C. § 8423 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8423
§ Â
        8423. Collection of capitation tax.
Status: in_force

The receiver of taxes and county treasurer or director of finance shall have the same power to enforce the payment of the capitation tax as he or she has for the collection of county taxes.
9 Del. C. § 4604 — Delaware Code / Title 9 / Chapter 46 / Section 4604
§ Â
        4604. Public hearing.
Status: in_force

(a) Upon completion of the preliminary report and the maps and plans, the county government shall call a public hearing upon a proposal to establish a county district to comprise the area or areas defined in such maps and plans.

(b) The county government shall cause a notice of public hearing to be posted in 4 public places within the proposed district and shall cause a notice of the public hearing to be published at least once in a newspaper published within the County and having a general circulation therein. The first publication thereof shall be not less than 10 days before the date set therein for the hearing. The notice of hearing shall contain a description of the area or areas to be included within the proposed district, and if the report shall have recommended the establishment of zones of assessment, a description of the area or areas to be included within such zones, the improvement proposed, the maximum amount proposed to be expended for the improvement, the allocation of such maximum amount as between the zones of assessment recommended, if any, and shall specify the time and the place where the county government will meet to consider the matter and to hear all parties interested therein concerning the same. In the event that zones of assessment and allocation of cost of the facilities between such zones of assessment are provided for, said notice shall further state that said zones of assessment and said allocations of cost may be changed from time to time by resolution of the county government adopted after a public hearing whenever said county government shall determine that such changes are necessary in the public interest.
9 Del. C. § 4115 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4115
§ Â
        4115. Removal of appointed officers; appeal.
Status: in_force

(a) The county government may remove from office any person appointed by it, for sufficient cause shown, and after due hearing.

(b) Any person so removed may appeal from the decision of the county government to the Superior Court, which shall, upon such appeal, either affirm or overrule the decision of the county government. If the decision be overruled, the person appealing shall be remitted to that person’s office or employment and shall be entitled to all arrears of compensation.
9 Del. C. § 107 — Delaware Code / Title 9 / Chapter 1 / Section 107
§ Â
        107. Hundreds in Sussex County.
Status: in_force

Sussex County is divided into 13 hundreds, as follows: Baltimore, Broad Creek, Broadkiln, Cedar Creek, Dagsboro, Georgetown, Gumboro, Indian River, Lewes and Rehoboth, Little Creek, Nanticoke, North West Fork, and Seaford.
9 Del. C. § 6710 — Delaware Code / Title 9 / Chapter 67 / Section 6710
§ Â
        6710. 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 sewerage or water system to be cut and shut off until the service charge and any subsequent service charges with regard to such parcel and all interest accrued thereon are fully paid.
9 Del. C. § 4655 — Delaware Code / Title 9 / Chapter 46 / Section 4655
§ Â
        4655. Certain agreements forbidden.
Status: in_force

In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or any official of the County of Kent to:

(1) Agree to pay directly or indirectly any bonus for the issuance or for the sale of the obligations authorized, and every such payment may be recovered by the County in an action at law;

(2) Enter into any agreement with any original purchaser or his or her representative regarding the deposit or disposition of any moneys received or to be received from such sale and every such agreement shall be void;

(3) Enter into any agreement in the nature of a service contract providing for publication of notice of sale, and printing of bonds or notes, and for the providing of a legal opinion or for any technical or advisory services used in connection with the issuance of bonds or notes, unless such agreement provides that any advisor, agent, technician or any other person acting in an advisory capacity agrees not to offer to purchase or to participate in the purchase, or in the distribution of the bonds or notes at public or private sale; and any agreement to the contrary shall be void and any money or compensation paid thereon may be recovered by the County in an action at law.
9 Del. C. § 6819 — Delaware Code / Title 9 / Chapter 68 / Section 6819
§ Â
        6819. Residential facilities for persons with disabilities.
Status: in_force

(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.

(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
9 Del. C. § 2907 — Delaware Code / Title 9 / Chapter 29 / Section 2907
§ Â
        2907. Abatement; creation of tax lien.
Status: in_force

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

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

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

(d) New Castle County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Land Use for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings pursuant to a writ of monition.
9 Del. C. § 9116 — Delaware Code / Title 9 / Chapter 91 / Section 9116
§ Â
        9116. Cancellation of bonds.
Status: repealed

The several bonds and recognizances of the several officers provided for in §§ 9114 and [former] 9115 [repealed] of this title as well as the official bond of any constable of the several counties shall be cancelled 3 years after the expiration of the terms of office of the several officers and such constable and shall after such time cease to be a lien on any property of any kind of the several officers and such constable or their respective bondsmen.
9 Del. C. § 801 — Delaware Code / Title 9 / Chapter 8 / Subchapter I / Section 801
§ Â
        801. County library advisory board.
Status: in_force

There is hereby created in each county a county library advisory board which:

(1) Shall serve in an advisory capacity to the county library administrator and the county library agency;

(2) Shall bring local library needs to their attention and shall recommend to them means for implementation of an effective county library system;

(3) May, through its members on the Council on Libraries, bring library matters to the attention of the Administrator of State Library Services.

(4) In New Castle County, shall serve as a subcommittee to the Department of Community Services Board.
9 Del. C. § 4410 — Delaware Code / Title 9 / Chapter 44 / Section 4410
§ Â
        4410. Penalties.
Status: in_force

Penalties for offenses in this chapter of the Building Code of Kent County or of violations of this chapter shall be as prescribed by ordinance of the county government of Kent County.
9 Del. C. § 4814 — Delaware Code / Title 9 / Chapter 48 / Section 4814
§ Â
        4814. Entry upon land; access to records.
Status: in_force

(a) In the performance of the functions and duties of the Commission any member thereof or any employee or agent thereof shall have the right to enter and go upon, at reasonable times (Sundays and holidays excluded) between the hours of 8:00 a.m. and 5:00 p.m. any lands in the District, either public or private, and to make surveys and to place and maintain necessary monuments and markers thereon, but such entry shall be made with due care and regard for the protection and preservation of property.

(b) In the performance of the functions and duties of the Commission, any member, employee or agent of the Commission shall have free access, without expense, to all state, county, municipal and other public records.
9 Del. C. § 6719 — Delaware Code / Title 9 / Chapter 67 / Section 6719
§ Â
        6719. Surveys and inspections by county government; penalty for refusal to permit.
Status: in_force

(a) The county government or its designated representatives may go upon the land for the purpose of making surveys for sewers, sewer systems, sewage disposal plants, water mains, water systems, water treatment plants, pumping plants, or for right-of-way or other property right required for the sewerage or water systems.

(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwellings or other buildings in the vicinity of a county sewer to determine if it is connected to the county sewer or water main, or to determine if the sewer or water main connection has been made or is being maintained in accordance with the regulations of the county government.

(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 for every such refusal.
9 Del. C. § 8306 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8306
§ Â
        8306. Standard of assessment; frequency of reassessment.
Status: in_force

(a) All property subject to assessment shall be assessed at its fair market value as of the date of the most recent reassessment base year in the county.

(b) (1) All real property must be reassessed by the county in which the real property is located at least once every 5 years.

(2) Each 5-year period under paragraph (b)(1) of this section starts on the date a county board of assessment adopts a certification under § 8314 of this title reflecting the completion of a general reassessment of all real property within that county.
9 Del. C. § 8107 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8107
§ Â
        8107. Motion picture studios and plants.
Status: in_force

(a) For a period of 15 years from the beginning of operation, motion picture studios and plants which shall be established in this State on or after July 1, 1937, including all lands, buildings and chattels, whether owned by a person, firm or corporation, utilized in connection therewith, and all raw materials going into the finished products of such studios and plants, as well as the finished products or films, shall be exempt from all ad valorem taxation.

(b) The exemption authorized in this section shall not apply to real estate owned by such motion picture studios and plants except the real estate occupied as the location required to house such motion picture studios and plants and other buildings incidental to the operation of such studios and plants together with such lands as may be required for housing officers and employees, and for warehouses, laboratories, cutting rooms, projection rooms, storage, trackage, shipping facilities, sets and locations.
9 Del. C. § 6502 — Delaware Code / Title 9 / Chapter 65 / Section 6502
§ Â
        6502. Establishment or revision of sanitary or water districts without election.
Status: in_force

(a) Where the county government has already constructed sewers or water mains to which 50 or more houses have been connected, the county government may establish, upon request of the County Engineer, a new district, or revise the boundaries of an established district by posting at 4 public places in the district, notices describing the new or revised boundaries, and, in the case of the establishment of a new district, the same cost and assessment data required for districts established by vote of electors.

(b) Within 90 days after the posting of the notices of the establishment of the district in accordance with the provisions of subsection (a) of this section, the county government shall pass a formal resolution establishing the district, which shall:

(1) Contain a description of the boundaries of the district;

(2) Direct the County Engineer and the attorney of the county government to procure the necessary land and rights-of-way by purchase, agreement, or condemnation in accordance with existing statutes; and

(3) Authorize the County Engineer to prepare maps, plans, specifications, and estimates, let contracts for and supervise the construction and maintenance of, or enlarging and remodeling of, any or all structures required to provide for the safe disposal of the sewage or furnishing of water in the sanitary or water district.
9 Del. C. § 4924 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4924
§ Â
        4924. 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. § 6952 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6952
§ Â
        6952. Definitions.
Status: in_force

For the purposes of this subchapter:

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

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

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

(4) “County” means Sussex County.

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

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

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

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

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

(10) “Governmental agency” means:

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

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

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

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

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

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

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

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

(15) “Local government” means any municipality.

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

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

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

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

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

(21) “Public notice” or “due public notice” as used in connection with the phrase “public hearing,” “hearing to be held after due public notice” or “public meeting” means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area.
9 Del. C. § 818 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 818
§ Â
        818. Bonds â Payment of interest and principal; sinking fund.
Status: in_force

Whenever any bond or bonds have been issued under this subchapter, the Kent County Levy Court shall annually raise by levy and taxation a sum sufficient for the payment of the interest on the amount or amounts borrowed and shall likewise raise from time to time by levy and taxation such sum or sums as shall be necessary to establish a sinking fund for the payment of the debt secured by the bond or bonds at or before the maturity thereof. The sums authorized to be raised for interest and for a sinking fund shall be raised in the same manner as the county library tax is raised and shall be in addition to all sums authorized to be raised by the County by any other statute. If the improvements for which bonds are sold are for the benefit of a library district, only the real property in that library district shall be taxed.
9 Del. C. § 8317 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8317
§ Â
        8317. Personal inspection of property to adjust valuation; notice of change.
Status: in_force

The board of assessment, or any member thereof, may personally inspect each tract, or parcel of real estate, and shall report in writing to the board its or that board member’s opinion as to its value. If it shall appear that any property as returned by the owner or as listed on the books is not sufficiently valued, the board of assessment shall give notice thereof to the owner or person making such return and valuation, and shall fix a day, not less than 10 days after the date of the notice, for a hearing and determination. The powers granted in this section may be exercised by the Department of Finance in Sussex County, the Department of Finance in Kent County and the Office of Finance in New Castle County.
9 Del. C. § 4801 — Delaware Code / Title 9 / Chapter 48 / Section 4801
§ Â
        4801. Definitions.
Status: in_force

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

(1) “Commission” means “Regional Planning Commission of Kent County” created by this chapter.

(2) “Council” means “the Council of the Mayor and Council of Dover.”

(3) “County Engineer” means “County Engineer of Kent County.”

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

(5) “District” means “Regional Planning District of Kent County” created by this chapter.

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

(7) “Land development” means “any tract or parcel of land upon which is proposed the construction or erection of 1 or more commercial, industrial, multi-family, or mobile home park use.”

(8) “Minor subdivision” means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land is created, either said created parcel is not on a new road, or said created parcel or parcels is on a private road approved pursuant to regulations adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision and shall not apply to the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision is sought. Original tract shall be deemed to be all tracts separately in existence upon effective date of this definition.

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

(10) “Road” includes any “road,” “street,” “highway,” “freeway,” “parkway” or other public thoroughfare.

(11) “Subdivision” means division of any part, parcel or area of land by the owner or the owner’s agent, into lots or parcels 2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets, lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon. A subdivision includes:

a. Any division of a parcel of land having frontage on an existing improved street into 2 or more lots, 1 or more of which have frontage on the existing street;

b. Any development of a parcel of land which involves installation of streets and driveways whether or not dedicated and whether or not the parcel is divided for the purpose of immediate conveyance, transfer or sale;

c. Any resubdivision and, as appropriate, shall refer to the process of subdividing land or the land so subdivided.
9 Del. C. § 6957 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6957
§ Â
        6957. State responsibilities to local planning agencies.
Status: in_force

(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data and information is currently available or readily accessible to the county within budgetary limitations.

(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, state facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the county’s future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the County to prepare the plan elements required by § 6956 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals.
9 Del. C. § 574 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 574
§ Â
        574. Record of lien on books of board of assessment.
Status: in_force

The county government shall direct the board of assessment for the county in which the suburban community is situated to cause the words “Special Community Lien” to be placed beside the name of each freeholder in the suburban community as the same appears on the books of the board of assessment for the county in order that persons such as prospective buyers of, or attorneys making title searches upon, the properties making inquiry at the office of the board of assessment in such county concerning county taxes may be informed that special liens exist against the properties in the suburban community.
9 Del. C. § 8004 — Delaware Code / Title 9 / Chapter 80 / Section 8004
§ Â
        8004. Duplicate assessment lists in Kent County.
Status: in_force

Promptly after levying the county tax, the governing body of Kent County shall deliver to the Receiver of Taxes and County Treasurer, for his or her use in collecting the taxes, the duplicate assessment list as prepared and furnished to the county government by the Board of Assessment.
9 Del. C. § 562 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 562
§ Â
        562. Bonds; issuance of by county government; resolution authorizing issuance and fixing terms of; use of general funds in lieu of issuing bonds.
Status: in_force

(a) If the vote of the community is in the affirmative, the county government shall promptly meet and by resolution authorize the issuance of bonds, except as hereinafter specifically provided, to defray the expenses of the improvement or improvements favored by the freeholders of the community. The resolution shall also state:

(1) The total amount of the bond issue (which shall be determined from an estimate submitted to the county government by the county engineer and the amount of the bond issue may be in the amount of the county engineer’s estimate and up to 10 percent thereover);

(2) The purpose of the bond issue;

(3) The date of maturity, or that the bonds shall mature serially or be retired by lot, as the case may be; and

(4) All other terms and conditions under which the bonds are to be issued.

(b) The county government, before deciding upon the terms and conditions of the bond issue, shall seek the advice of at least 2 substantial bankers or brokers in Delaware accustomed to dealing in municipal, county or state bond issues.

(c) If the estimate or estimates from the county engineer, as hereinabove provided, after making provision for 10 percent over and above estimated costs, is or are less than $20,000, the county government may use moneys in its own general fund to defray costs of the improvements.
9 Del. C. § 6999 — Delaware Code / Title 9 / Chapter 69 / Subchapter III / Section 6999
§ Â
        6999. 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. § 6919 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6919
§ Â
        6919. Violations of regulations; 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 government 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, 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 government under the authority granted by this subchapter, the county government, the attorney thereof, or any owner of real estate within the county 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. § 2220 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2220
§ Â
        2220. Construction of chapter with other laws.
Status: in_force

The powers conferred by this chapter shall be in addition to and not in substitution for the powers conferred by any other general, special or local law. The powers conferred by this chapter may be exercised notwithstanding that any other general, special or local law may confer such powers, and without regard to the requirements, restrictions, limitations or other provisions contained in such other general, special or local law.
9 Del. C. § 4134 — Delaware Code / Title 9 / Chapter 41 / Subchapter III / Section 4134
§ Â
        4134. Rescue service.
Status: in_force

The county government shall appropriate the sum of $750 annually to each of the regularly organized and motorized fire companies in Kent County for the maintenance of their rescue squad. Such sum shall be paid by the county government to each of the fire companies entitled thereto, certified by the Secretary of the Kent County Volunteer Firemen’s Association on July 1 of each year.
9 Del. C. § 8357 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8357
§ Â
        8357. Penalty for park operators failing to submit report.
Status: in_force

A mobile home park operator who, after written notice from the board of assessment, does not before April 2 in any year file the report required by § 8354 of this title shall be fined not more than $250.