9 Del. C. § 5408 — Delaware Code / Title 9 / Chapter 54 / Section 5408
§ Â
        5408. Uses of special fund.
Status: in_force

(a) Uses of special fund when no bonds outstanding. —

When no bonds authorized by this chapter are outstanding with respect to a TIF District created pursuant to § 5407 of this title and the Levy Court so determines, moneys in the special fund for that TIF District may be:

(1) Used for any of the purposes described in § 5405 of this title for which bond proceeds could be used;

(2) Accumulated for payment of debt service on bonds subsequently issued under this chapter;

(3) Used to pay or to reimburse the County for debt service which the County is obligated to pay or has paid (whether such obligation is general or limited) on bonds issued by the County, or any agency, department or political subdivision thereof, the proceeds of which have been used for any of the purposes stated in § 5405 of this title, or used to pay or reimburse any developer loan;

(4) Used to pay or to reimburse an issuing body for debt service which the County is obligated to pay (whether such obligation is general or limited) on other obligations under an agreement described in subsection (b) of this section; or

(5) Paid to the County to provide funds to be used for any legal purpose as may be determined by the County.

(b) Pledge agreement. —

The County may pledge, by written agreement, that amounts deposited to the special fund created for the TIF District pursuant to § 5407 of this title shall be paid over to secure the payment, or reimbursement of a payment, of debt service on other obligations. Such agreement shall be between the County and the issuing body, and shall run to the benefit of and be enforceable on behalf of any holder, of such other obligations.

(c) Restrictions on use of special funds. —

When any bonds authorized by this chapter are outstanding with respect to a TIF District and the Levy Court so determines, moneys in the special fund for that TIF District created pursuant to § 5407 of this title may be used as provided in subsection (a) or (b) of this section in any fiscal year by the County, but only to the extent that:

(1) The amount in such special fund exceeds the unpaid debt service payable on such bonds in such fiscal year and is not restricted so as to prohibit the use of such moneys;

(2) Such use is not prohibited by the ordinance authorizing the issuance of such bonds; and to the extent not prohibited by bond or loan covenants.
9 Del. C. § 3013 — Delaware Code / Title 9 / Chapter 30 / Section 3013
§ Â
        3013. Effect of open space acquisition.
Status: in_force

Notwithstanding any other provisions of this chapter to the contrary, upon the acquisition by the county government of areas of land, whether by sheriff’s sale or otherwise, previously shown as open space on the recorded plats of the county, such lands shall be deemed as dedicated and available for public use. Such acquisition shall not impose any duty or obligation upon the county government or other public agency to improve, repair or maintain the open space.
9 Del. C. § 4637 — Delaware Code / Title 9 / Chapter 46 / Section 4637
§ Â
        4637. Public sale of bonds.
Status: in_force

All bonds issued under this law, except as otherwise provided in § 4644 of this title and except bonds of authorized issues of $30,000 or less and having a maximum maturity of not more than 5 years from the date of issuance of such bonds, shall be sold at public sale upon sealed proposals after at least 10 days notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in the City of New York, and at least 10 days notice published at least once in a newspaper published in the County and having general circulation therein. Bonds of authorized issues of $30,000 or less, and maturing as hereinabove set forth, and all bond anticipation notes may be sold at private sale by such financial officer as the county government may by resolution provide.
9 Del. C. § 5602 — Delaware Code / Title 9 / Chapter 56 / Section 5602
§ Â
        5602. Promulgation of property maintenance code.
Status: in_force

The Kent County Levy Court, in order to provide for the health, safety, and welfare of the citizens of Kent County, may promulgate rules and regulations to be known as the Kent County Property Maintenance Code, regulating and governing the condition and maintenance of all property, structures, and buildings to eliminate or prevent unsafe, unhealthy, unsanitary, or substandard conditions. Said rules and regulations shall provide standards for: the condition and maintenance of property, structures, and buildings; supplied utilities, facilities, and other physical things and conditions essential to ensure that property, structures, and buildings are safe, sanitary, and fit for occupation and use and do not adversely affect the welfare of the public; condemnation of structures and buildings unfit for human occupancy and use; and the demolition of structures and buildings unfit for human occupancy and use.
9 Del. C. § 6516 — Delaware Code / Title 9 / Chapter 65 / Section 6516
§ Â
        6516. Grants or loans from federal, state or interstate agencies.
Status: in_force

The county government may accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state government or from interstate agencies to accomplish the purposes of this chapter. The county government may issue bonds to evidence loans made by an agency of the federal government, at private sale, providing those bonds bear interest at no more than 5% per annum and are issued for a term not exceeding 40 years from the date of the bonds. The county government may pledge its taxing power to the payment of the bonds without limitation as to rate or amount and the bonds may be payable at a place approved by the agency making the loan. Bonds issued pursuant to this section shall not be subject to § 6102 of this title, as amended.
9 Del. C. § 5417 — Delaware Code / Title 9 / Chapter 54 / Section 5417
§ Â
        5417. Construction of chapter.
Status: in_force

This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose of this chapter.
9 Del. C. § 1117 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1117
§ Â
        1117. Performance of functions by contract.
Status: in_force

Whenever in this title any function or duty is assigned to any officer, department or board for performance, such officer, department or board may perform such function by contract to the extent authorized in writing by the County Executive.
9 Del. C. § 614 — Delaware Code / Title 9 / Chapter 6 / Subchapter II / Section 614
§ Â
        614. Rules and regulations.
Status: in_force

Subject to the approval of the county government, the commission may adopt such rules and regulations for the administration of its park and recreation programs as it deems necessary and proper.
9 Del. C. § 8322 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8322
§ Â
        8322. Discovery of unassessed property.
Status: in_force

Each board of assessment or Department or Office of Finance shall take proceedings for the discovery of all unassessed real estate.
9 Del. C. § 8356 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8356
§ Â
        8356. Penalty for tax evasion by titleholder of mobile homes.
Status: in_force

Any title owner of a mobile home who, after having received an official notice that a property tax has been assessed thereon, removes the mobile home from the county wherein the tax has been assessed in order to avoid the payment of the tax shall be fined not more than $50 or shall be imprisoned for not more than 10 days.
9 Del. C. § 2906 — Delaware Code / Title 9 / Chapter 29 / Section 2906
§ Â
        2906. Violation of regulations or chapter; notices and orders.
Status: in_force

(a) For the purpose of enforcing compliance with the provisions of the New Castle Property Maintenance Code, and removing illegal, unhealthy or unsafe conditions, the Department of Land Use shall issue such rules, notices or orders as may be necessary.

(b) Whenever the Department of Land Use is satisfied that a person responsible has committed an offense against the New Castle Property Maintenance Code or other provision of the New Castle County Code that constitutes a threat to the public health, safety or welfare, or of an order of the Department of Land Use, the Department of Land Use may serve a written notice or order upon the person responsible, therefore, directing discontinuance of each illegal action and the remedying of the condition which is in violation of the provisions, regulations or requirements as adopted by the County Council or by order of the Department of Land Use.

(c) No person, having been served with such a notice or order, shall fail to comply with the requirements thereof within the time stated therein or within 15 days if no time is provided, unless the Department of Land Use determines that such violation cannot be cured within such time and clearly delineates additional time for compliance.
9 Del. C. § 9411 — Delaware Code / Title 9 / Chapter 94 / Section 9411
§ Â
        9411. Penalty.
Status: in_force

(a) Whoever, being a clerk of the peace, omits to perform any of the duties provided in § 9409 or 9410 of this title, shall be fined not less than $20 nor more than $50.

(b) This section shall not apply to the Clerk of the Peace of New Castle County.
9 Del. C. § 3209 — Delaware Code / Title 9 / Chapter 32 / Section 3209
§ Â
        3209. Agreements to pay revenue from taxes on tax increment into special fund.
Status: in_force

A municipality, school district or other taxing body within the county which is not an issuer may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall also be paid into a special fund created pursuant to § 3207 of this title. Such agreement shall be between the county council and the taxing body and shall run to the benefit of and be enforceable on behalf of any bondholder.
9 Del. C. § 580 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 580
§ Â
        580. 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. § 314 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 314
§ Â
        314. Award of contracts for public work or goods.
Status: repealed

(a) No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or county government, or vote for or consent to the furnishing, having or using by or for the account of any county or county government of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed the contracting thresholds set forth by Delaware’s Contracting and Purchasing Advisory Council pursuant to § 6913(d)(4) of Title 29 or otherwise set forth by state law, whether the work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or for repairs upon old work, unless and until the county government shall publicly invite sealed proposals for the doing of such work and furnishing of such merchandise, tools, implements, machinery and materials, and give the contract resulting therefrom and therefor to the lowest responsible bidder or bidders.

(b) Bids so obtained shall be opened publicly in the presence of bidders, or their representatives, who may desire to attend.

(c) The county government may require of such bidder or bidders security for the faithful performance of the contract.

(d) Notwithstanding this section or any other law, each county government may contract for engineering, legal or other professional services requiring special skills or training without requesting competitive bids and without awarding such contract to the lowest bidder.

(e) This section shall not apply to the purchase of printed matter for public libraries. Printed matter shall be defined, for purposes of this section, as materials typically made available to the public by public libraries and shall include, but not be limited to, books and magazines.

(f) [Repealed.]

(g) Notwithstanding this section or any other law, each county government has the same power and authority with respect to sole source procurement, emergency needs, contract performance, multiple source contracting granted to the State under Chapter 69 of Title 29.
9 Del. C. § 6718 — Delaware Code / Title 9 / Chapter 67 / Section 6718
§ Â
        6718. Misrepresentations in application and unauthorized connections with sewer or water main; penalty.
Status: in_force

Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any sewer or water main contrary to the authority granted by permits issued therefor by the county government, or without a permit therefor in accordance with the provisions of this chapter, shall be fined not less than $5.00 nor more than $500.
9 Del. C. § 6805 — Delaware Code / Title 9 / Chapter 68 / Section 6805
§ Â
        6805. Secretary and personnel of Commission.
Status: in_force

(a) The Commission shall appoint a Secretary who shall serve for such time, and perform such duties and receive such compensation as the Commission may prescribe. The secretary shall give bond if required by the Commission in such amount as the Commission may require.

(b) The Commission may appoint, discharge at pleasure and fix the compensation of such employees and staff or any contract for the services of such persons, firms, or corporations as, from time to time, in its judgment may be necessary to the exercise of its powers under this chapter; provided, however, that all actions of the Commission under this subsection are subject to county government approval, and the county government may require any employee to give bond with surety approved by it in a sum to be fixed by the Commission.
9 Del. C. § 772 — Delaware Code / Title 9 / Chapter 7 / Subchapter VI / Section 772
§ Â
        772. Recreational programs and other special powers.
Status: in_force

All park districts shall have power to plan, establish and maintain recreational programs, provide musical concerts, to construct, equip and maintain field houses, gymnasiums, assembly rooms, comfort stations, indoor and outdoor swimming pools, wading pools, bathing beaches, bath houses, locker rooms, boating basins, boat houses, lagoons, skating rinks, piers, conservatories for the propagation of flowers, shrubs, and other plants, animal and bird houses and enclosures, athletic fields with seating stands, golf, tennis, and other courses, courts, and grounds, and the power to make and enforce reasonable rules, regulations, and charges therefor. The express enumeration of each of the foregoing recreational facilities and equipment which park districts are herein given the power to provide shall not be construed as a limitation upon said park districts, nor prohibit any park district from providing any other facilities or equipment which may be appropriate for park purposes in any park of said district, nor shall the same in any way be held to limit the power and authority conferred upon park districts under other sections of this chapter.
9 Del. C. § 9628 — Delaware Code / Title 9 / Chapter 96 / Section 9628
§ Â
        9628. Redaction of unlawful restrictive covenant.
Status: in_force

(a) An owner of real property that is subject to an instrument that contains a provision that is in violation of § 9605(b) of this title, including a governing document of a common interest community, may request that the recorder for the county in which the instrument is recorded redact and strike the provision from the instrument.

(b) (1) Before granting a request made under subsection (a) of this section, a recorder must submit the request and the instrument at issue to the county attorney.

a. The county attorney shall determine whether the instrument contains an unlawful restrictive covenant in violation of § 9605(b) of this title.

b. The county attorney shall inform the recorder of the county attorney’s decision within 90 days of receipt of the request and the instrument from the recorder, unless extraordinary circumstances apply, then the county attorney has 60 additional days to inform the recorder of the county attorney’s decision.

c. The recorder shall deny a request made under subsection (a) of this section if the county attorney determines that the instrument does not contain an unlawful restrictive covenant in violation of § 9605(b) of this title.

(2) The county attorney may compile a list of phrases identified as unlawful restrictive covenants in violation of § 9605(b) of this title. Notwithstanding paragraph (b)(1) of this section, a recorder may grant a request made under subsection (a) of this section without further review by the county attorney if the request is in compliance with the list compiled by the county attorney.

(c) A recorder may prescribe the form and required contents of a request under subsection (a) of this section, but the request must include at least the following information:

(1) The legal description of the property subject to the provision in violation of § 9605(b) of this title.

(2) The type of instrument that is subject to the provision in violation of § 9605(b) of this title and the instrument’s book and page number or instrument number.

(3) A clear description of the provision claimed to be in violation of § 9605(b) of this title.

(d) (1) This section applies to an owner of real property that is part of a common interest community under Chapter 81 of Title 25.

(2) Notwithstanding any other law or contractual provision to the contrary, an owner of real property that is part of a common interest community under Chapter 81 of Title 25 may make a request under subsection (a) of this section that the recorder for the county in which the instrument is recorded redact and strike a provision that is in violation of § 9605(b) of this title from all instruments affecting real property that is part of the common interest community.

(e) (1) Upon request for inspection, copying, or any other public disclosure of an instrument that has had an unlawful restrictive covenant in violation of § 9605(b) of this title redacted from it under this section, a recorder shall make available only the redacted version of that instrument.

(2) A recorder may disclose the unredacted version of an instrument that has had an unlawful restrictive covenant in violation of § 9605(b) of this title redacted from it under this section only in response to a subpoena or order of a court of competent jurisdiction.
9 Del. C. § 8726 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8726
§ Â
        8726. Sales subject to approval of Department of Finance or Chief County Financial Officer; prequalification of bidders.
Status: in_force

(a) The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove the final bid at a sale made by the sheriff under this subchapter for any public purpose or reason, including the failure of the successful bidder or its affiliates to comply with the requirements of any law or regulation with respect to any other real property owned by such successful bidder or its affiliates, the failure of such successful bidder or its affiliates to timely pay any amounts owed to the State or any county or municipality or the inability of the successful bidder to remedy any unlawful conditions at the property subject to such sheriff sale in a timely manner; provided that the notice of the public sale includes that such sale is “subject to the approval of the department of finance or the chief county financial officer” in the terms of sale. In the event the department of finance or the chief county financial officer does not approve the final bid at such sale, the said department of finance or chief county financial officer may expose the property to another and as many succeeding sales as it chooses.

(b) Provided that the notice of the public sale so indicates, the county governing body may require that bidders at a sheriff sale, prior to any bid, certify to the county governing body that such bidder, either directly or through any affiliated entities, does not own any interest in any real property in such county that:

(1) Has amounts past due identified in § 2901(a) of Title 25, in excess of $1,000; or

(2) Has been vacant for at least 18 consecutive months and such property is not subject to a valid building permit or a pending land use application.

Organizations that are exempt from federal taxation pursuant to § 501(c)(3) of the Internal Revenue Code [26 U.S.C. §  501(c)(3)] and that have been building, rehabilitating, and providing affordable housing units within the State for at least 5 years, and community development corporations, as defined in 42 U.S.C. § 9802, shall be exempt from these provisions upon certification of such status by the county.

(c) The county shall generate a certificate that the bidder shall present to the sheriff prior to the sale, and the sheriff shall require presentation of such certificate prior to registering any bidder. The county may establish a fee that reflects the costs of preparing and issuing the certificate that shall be paid by bidder prior to issuance of the certificate.

(d) For purposes of this section, “affiliated entity” means either of the following:

(1) Any other entity that is under common control with the bidder.

(2) Any person or entity who directly or indirectly holds any beneficial or ownership interest in the bidder of 5% or greater.

(e) If a sale is subject to approval of the department of finance or the chief county financial officer, no assignment of a successful bid shall occur without the approval of the department of finance or the chief county financial officer. If the county requires certification of bidders at a sale, no assignment of a successful bid shall occur unless the assignee secures a certification from the county consistent with requirements of this section or qualifies as a land bank pursuant to § 4703 of Title 31.
9 Del. C. § 2908 — Delaware Code / Title 9 / Chapter 29 / Section 2908
§ Â
        2908. Penalties.
Status: in_force

The person responsible for a building, structure, or premises, where anything is in violation of this chapter or the rules or requirements as promulgated by the County Council, or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or in violation of an order of the Department of Land Use, shall be fined in accordance with a schedule of fees and penalties to be established by the County Council. The maximum fine per violation shall not exceed the provisions found in § 5917 of Title 11. Each and every day such violation continues shall constitute a separate offense.
9 Del. C. § 2807 — Delaware Code / Title 9 / Chapter 28 / Section 2807
§ Â
        2807. Condemnation under right of eminent domain.
Status: in_force

(a) The County Council may acquire real and personal property or rights therein by condemnation as provided in Chapter 61 of Title 10, for property located in the County, in the exercise of the powers provided under this chapter.

(b) The County Council may contract with the Delaware River Basin Commission, agencies of the Commonwealth of Pennsylvania and local Pennsylvania governmental units having such powers, to acquire by condemnation real and personal properties or rights therein as may be required under this chapter in the Commonwealth of Pennsylvania for the purposes of this chapter, and may compensate the Commission, Commonwealth, or local unit for the cost of acquisition.
9 Del. C. § 4650 — Delaware Code / Title 9 / Chapter 46 / Section 4650
§ Â
        4650. Application of proceeds.
Status: in_force

After payment of the reasonable cost of issuance, including printing or engraving costs, advertising expense and legal and other professional expenses, the proceeds of the sale of any bonds or notes shall be applied only to the purpose or purposes for which the obligations were authorized to be issued, and any excess amount thereof or any amount thereof which for any reason is not necessary for any such purpose, shall:

(1) Be applied to payment of such obligations at not more than their face value; and

(2) Be applied to payment of the first maturing installments of such issue.
9 Del. C. § 8315 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8315
§ Â
        8315. Duplicate assessments.
Status: in_force

(a) Each board of assessment or Department or Office of Finance shall, in each year, prepare and furnish duplicates of all assessments and alterations and corrections thereof by it in its books. Duplicate assessments may be in the form of a widely-accepted electronic file format.

(b) Such duplicates shall be furnished in Kent County by June 1.
9 Del. C. § 6818 — Delaware Code / Title 9 / Chapter 68 / Section 6818
§ Â
        6818. Powers and duties of municipal corporations not affected.
Status: in_force

Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties prior to July 13, 1967, conferred upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of the municipal corporation.
9 Del. C. § 1523 — Delaware Code / Title 9 / Chapter 15 / Subchapter II / Section 1523
§ Â
        1523. Sinking fund.
Status: in_force

The Office of Finance may create a sinking fund for public buildings, public improvements, and public works generally, and for such purposes may open a special bank account in the name of the County and may deposit therein such sums at such times as the Office of Finance deems advisable. The money in such fund shall be paid out upon warrants as other county moneys are paid out according to law, at such times and in such amounts and for the above stated purposes or for any of such purposes, as the Office of Finance shall determine.
9 Del. C. § 3506 — Delaware Code / Title 9 / Chapter 35 / Section 3506
§ Â
        3506. Creation of the neighborhood improvement district management association.
Status: in_force

(a) Association designated. —

When the County approves a NID under this chapter, a NIDMA must be designated by the County to administer the enhanced services within the NID.

(b) Administration. — (1) Each NID must be administered by a NIDMA.

(2) A NIDMA must be incorporated as a nonprofit corporation in this State.

(c) Powers. — A NIDMA created under this chapter has all the powers provided for in § 3507 upon the effective date of the county ordinance creating the NID.

(d) Board. —

Each NIDMA must have an administrative board.

(1) The board must be comprised of either 3 or 5 voting members and at least 1 nonvoting member representing the County.

(2) Each NIDMA board must include a representative of the specially-assessed property owners located in the NID as 1 of the voting members of the board.

(3) Board members of a NIDMA are not required to be residents of the NID.
9 Del. C. § 5203 — Delaware Code / Title 9 / Chapter 52 / Section 5203
§ Â
        5203. 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 stormwater maintenance district and a statement that the county government will hold a hearing to consider whether or not to create the proposed district. The notice shall also state that in the event the county government decides to create the proposed stormwater maintenance district, the county government will assess the unit costs of stormwater maintenance against each unit of real property used or intended for residential purposes within the stormwater maintenance district.
9 Del. C. § 8430 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8430
§ Â
        8430. Application of moneys received; accounting.
Status: in_force

The receiver of taxes and county treasurer or director of finance shall apply all money received by him or her for the use of his or her county, to discharging allowances, orders or warrants of the county government and fees of witnesses and jurors, chargeable against the county. Any surplus shall be kept subject to the order of the county government. He or she shall keep an account of all such allowances, orders or warrants, and also a separate account of all his or her receipts and disbursements, and lay the same before the county government, or a committee thereof, at such times and as often as the county government shall direct and as provided by law.
9 Del. C. § 6310 — Delaware Code / Title 9 / Chapter 63 / Section 6310
§ Â
        6310. Violation and penalty.
Status: in_force

Any owner of a building wherein any work in connection therewith has been done without a permit or any person employed in connection therewith and who has participated or assisted in the commission of such violation or both, shall be fined not less than $50 nor more than $200 for each offense.
9 Del. C. § 8421 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8421
§ Â
        8421. Responsibility for collection of all taxes.
Status: in_force

(a) The receiver of taxes and county treasurer or director of finance shall, upon the delivery to him or her of the tax duplicates and warrant as provided by law, be responsible for the whole amount of the taxes he or she shall be required to collect, or that shall be committed to him or her for collection, subject only to allowances made by the county government.

(b) The procedure for collection of taxes shall be as provided in this title.
9 Del. C. § 1118 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1118
§ Â
        1118. Civil defense.
Status: in_force

The County Executive shall by rule provide for the organization and performance of such civil defense functions as shall from time to time be performed by the County.
9 Del. C. § 2805 — Delaware Code / Title 9 / Chapter 28 / Section 2805
§ Â
        2805. 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 under this chapter. The County Council shall, annually, appropriate to the payment of such bonds and the interest thereon the amounts required to pay such bonds and interest as the same becomes due and payable. Notwithstanding the provisions of any other law, the County Council may levy an ad valorem tax, without limitation as to the rate or amount upon all property taxable by the County to raise the moneys necessary to meet any such appropriation.
9 Del. C. § 3208 — Delaware Code / Title 9 / Chapter 32 / Section 3208
§ Â
        3208. Uses of special fund.
Status: in_force

(a) Uses of special fund when no bonds outstanding. — When no bonds authorized by this chapter are outstanding with respect to a TIF District and the county council so determines, moneys in the special fund for that TIF District created pursuant to § 3207 of this title may be:

(1) Used for any of the purposes described in § 3205 of this title for which bond proceeds could be used;

(2) Accumulated for payment of debt service on bonds subsequently issued under this chapter;

(3) Used to pay or to reimburse the county for debt service which the county is obligated to pay or has paid (whether such obligation is general or limited) on bonds issued by the county, or any agency or department thereof, the proceeds of which have been used for any of the purposes specified in § 3205 of this title; or used to pay or reimburse any developer loan; or

(4) Paid to the county to provide funds to be used for any legal purpose as may be determined by the county.

(b) Restrictions on use of special funds. — When any bonds authorized by this chapter are outstanding with respect to a TIF District and county council so determines, moneys in the special fund for that TIF District created pursuant to § 3207 of this title may be used as provided in subsection (a) of this section in any fiscal year by the county, but only to the extent that:

(1) The amount in such special fund exceeds the unpaid debt service payable on such bonds in such fiscal year and is not restricted so as to prohibit the use of such moneys;

(2) Such use is not prohibited by the ordinance authorizing the issuance of such bonds; and to the extent not prohibited by bond or loan covenants.
9 Del. C. § 814 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 814
§ Â
        814. Notice of resolution; publication; form.
Status: in_force

The Kent County Levy Court shall give notice that the resolution will be submitted to the voters. Such notice shall be given by publication in 2 issues of a newspaper of general circulation in Kent County and by printed advertisements posted in at least 5 public places in the district at least 10 days prior to the date of the special referendum at which the resolution will be submitted to the voters. The notice shall state the substance of the resolution, and the day, hour and place that it will be submitted to the voters.
9 Del. C. § 5503 — Delaware Code / Title 9 / Chapter 55 / Section 5503
§ Â
        5503. Authority granted;  section self-executing.
Status: in_force

(a) In addition to other powers the County may have, and notwithstanding the provisions of any other public local law, or public general law, the County may borrow money by issuing and selling bonds, or impose ad valorem or special taxes under this chapter for any of the purposes stated in § 5502(b) of this title, if a request to the County is made by both:

(1) The owners of at least â  of the assessed valuation of the real property located within the special development district; and

(2) At least â  of the owners of the acreage located within the special development district, provided that:

a. Multiple owners of a single parcel are treated as a single owner; and

b. A single owner of multiple parcels is treated as 1 owner.

(b) This section is self-executing and does not require the County to enact legislation to exercise the powers granted under this section.
9 Del. C. § 628 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 628
§ Â
        628. Preparation of survey, plans, specifications and estimates.
Status: in_force

Immediately after the determination by the county government that a community is a suburban park community, the county government shall notify the commission, which, upon receipt of such information, shall proceed to have prepared by the county engineer, surveys, plans, specifications and estimates of the cost of the park or recreation area, and of improvements requested by the petitioners, and shall determine the annual assessment required to pay principal, interest, supervision, and maintenance of the park or recreation area.
9 Del. C. § 1150 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1150
§ Â
        1150. Procedure.
Status: in_force

(a) The County Council shall meet regularly at least twice in each month; provided, however, that by vote of a majority of the members of Council, Council may adjourn for not more than 1-month vacation each calendar year. The place, dates and times of regular meetings and the places of special meetings shall be established by the County Council as a part of the rules of procedure adopted for the conduct of its meetings. Special meetings may be held on call of the President of County Council or of a majority of the members of the County Council in accordance with rules adopted as a part of the rules of procedure of the County Council. All meetings shall be public. Official county business transacted by the County Council shall be in the public meetings.

(b) The County Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings which shall be a public record.

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

(d) Pursuant to the authority granted to the government of New Castle County in § 1101 of this title, the County Council may by ordinance impose upon itself a super-majority voting requirement in addition to any super-majority requirement imposed by state law.
9 Del. C. § 4511 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4511
§ Â
        4511. Lien of service charges on real estate.
Status: in_force

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

(b) If any service charge or any part of a service charge remains unpaid at the end of 2 years after the due date, the county government shall institute proceedings for the enforcement of the lien, and levy the service charge as an assessment with interest thereon accrued, and all costs thereon, upon the grounds and buildings with regard to which a service charge was made. The grounds and buildings, or any part thereof, shall be sold by the Sheriff of the County, after the giving of notice in the manner provided for other sales of real estate by the Sheriff, and a deed from the Sheriff shall convey to the purchaser all of the right, title and interest of the owner of the grounds and buildings.

(c) The Sheriff shall, out of the purchase money of the premises so sold, pay all costs arising from the process and sale to the parties entitled thereto respectively, and shall pay the amount of the service charge with accrued interest thereon to the county government. The residue of the purchase money shall be immediately deposited to the credit of the owner or owners of the property so sold in a state or national bank having its principal office in the State.
9 Del. C. § 4506 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4506
§ Â
        4506. Payment of bonds, faith and credit of County; tax levy.
Status: repealed

The full faith and credit of the County is pledged to the payment of any bonds issued by the County under this chapter. The county government shall annually appropriate to the payment of such bonds and the interest thereon, the amounts required to pay such bonds and interest as the same become due and payable. Notwithstanding any other law, the county government may levy an ad valorem tax, without limitation as to rate or amount, upon all property taxable by the County to raise the moneys necessary to meet any such appropriation. Section 4111 of this title is hereby repealed to the extent said section is inconsistent with this chapter.
9 Del. C. § 4708 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4708
§ Â
        4708. Principal and interest payments; taxes.
Status: in_force

(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County.

(b) The county government in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Receiver of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time to time become due under the provisions of this chapter.
9 Del. C. § 917 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 917
§ Â
        917. County dog law management [Transferred].
Status: in_force

Transferred to § 3057F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 4954 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4954
§ Â
        4954. Areas under this subchapter.
Status: in_force

A county shall exercise authority under this subchapter for the total unincorporated area under its jurisdiction.
9 Del. C. § 513 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 513
§ Â
        513. Bonds; issuance by county government; resolution authorizing issuance and fixing terms of; use of general and other funds to finance construction.
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 not be adopted until after contract bids have been received and thereby the contract cost definitely determined. The amount of the bond issue shall be determined by taking the cost of the preliminary engineering and construction inspection costs up to 10 percent of the contract bid and adding the total to the actual contract bid. The resolution shall state the purpose of the bond issue, the date of maturity, or that the bonds shall mature serially or be retired by lot, as the case may be, and all other terms and conditions under which the bonds are to be issued.

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

(c) If the contract bid or bids, hereinabove provided, after making provision for 10 percent over and above contract bid or bids, is or are less than $20,000, the county government may use moneys in its own general fund to defray costs of construction. Notwithstanding the provisions of § 532 of this title, the county government may also use excess moneys from previous bond issues to finance contract costs in whole or in part for projects in other suburban communities.
9 Del. C. § 921 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 921
§ Â
        921. Dog Control Panel; establishment; organization [Transferred].
Status: in_force

Transferred to § 3072F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 9110 — Delaware Code / Title 9 / Chapter 91 / Section 9110
§ Â
        9110. Fee book; inspection and examination.
Status: in_force

The fee book mentioned in this chapter shall be a part of the records of the office for which it is kept, and shall be at all times open to inspection and examination.
9 Del. C. § 334 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 334
§ Â
        334. Organization meeting; election of president.
Status: in_force

(a) The governing bodies of the respective counties shall meet for organization on the first Tuesday in January following the biennial general election, or on the date specified by ordinance in the respective county.

(b) After taking the oath of office prescribed by the Constitution, each governing body shall elect 1 of its members to be president. In New Castle County the President of County Council shall be elected by a county wide ballot.
9 Del. C. § 8741 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8741
§ Â
        8741. Legal proceedings to collect unpaid taxes.
Status: in_force

The Office of Finance of New Castle County may, on or after January 1 in every year, institute proceedings against all persons in such County liable for the payment of any taxes payable to the County then remaining due and unpaid for any year or years prior thereto.
9 Del. C. § 1314 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1314
§ Â
        1314. Judicial review of Board of Adjustment decisions; procedure.
Status: in_force

(a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board.

(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner’s attorney, which shall not be less than 10 days and may be extended by the Court.

(c) The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.

(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified.

(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct, and report the same to the Court together with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.

(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(g) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed.
9 Del. C. § 1402 — Delaware Code / Title 9 / Chapter 14 / Section 1402
§ Â
        1402. Budget; Assistant County Auditors; Contract Auditors.
Status: in_force

(a) County Council by ordinance may establish positions to serve as assistants to the County Auditor after consideration of the Audit Committee’s recommendation.

(b) Notwithstanding any other provision of law governing the procurement of services by County Government or the officers thereof to the contrary, the County Auditor may, subject to available resources, freely obtain the services of certified public accountants, qualified management consultants, or other professional experts necessary to perform the County Auditor’s duties; provided, however, that no conflicts of interest exist between or among those with whom the County Auditor contracts and any area of county government that might hinder the performance of the services sought.

(c) Any Assistant County Auditor who shall perform any auditing duties shall be a qualified accountant, a graduate of a college or university with a degree in accounting, or shall have otherwise received such training and experience as to provide an equivalent level of expertise with auditing experience preferred. Other assistants shall be qualified as set forth in job descriptions approved by County Council after consideration of the Audit Committee’s recommendation.
9 Del. C. § 4923 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4923
§ Â
        4923. 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. § 9404 — Delaware Code / Title 9 / Chapter 94 / Section 9404
§ Â
        9404. Clerk of the county government.
Status: in_force

(a) The clerk of the peace shall be clerk of the government of his or her county.

(b) This section shall not apply to the clerks of the peace of Sussex or New Castle Counties.
9 Del. C. § 2102 — Delaware Code / Title 9 / Chapter 21 / Section 2102
§ Â
        2102. Levy and collection of light tax; penalty for late payment.
Status: in_force

(a) The County Council, for the purpose of providing street and highway lighting pursuant to § 2101 of this title, shall levy for the installation and maintenance of such lights an annual tax based on the full annual cost of such lighting, plus up to but not exceeding 10% thereof to cover the actual direct and indirect costs of administration and billing. Such tax shall be levied against all properties within the boundary lines of the communities that have submitted petitions under § 2101 of this title. The County Council shall establish the method by which such tax shall be computed and shall adopt and levy annual light tax rates that will yield sufficient revenue to cover the full annual cost of all lighting services, plus up to but not exceeding 10% for the actual cost of administration and billing. No such taxes shall be levied against farm land.

(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes. If such taxes are not paid by the date set for the payment of other taxes, penalty shall accrue thereon in the manner and at the rate specified in § 8604(a) of this title.

(c) If the County Council receives a petition for street lighting from any community and the contract for such street lighting is entered after the commencement of the county’s fiscal year, the Department of Finance may, at the same times established for supplemental assessments in § 8339 of this title, levy and bill a supplemental light tax to the property owners within such community, computed in the same manner as all other light tax bills, reduced at the rates specified in § 8340 of this title.

(d) All taxes levied under this chapter shall be considered real property taxes and, as provided in § 2901(a) of Title 25, shall constitute and remain a statutory lien on such property, together with any penalties that may accrue thereon, until such taxes and penalties are paid in full. Such lien shall enjoy the priority established for governmental liens by § 2901 of Title 25.
9 Del. C. § 8613 — Delaware Code / Title 9 / Chapter 86 / Section 8613
§ Â
        8613. Liability of tenant for life.
Status: in_force

In the case of life estates, the interest of the tenant for life shall first be liable for the taxes.
9 Del. C. § 1169 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1169
§ Â
        1169. Initial council meeting.
Status: in_force

Except in the case of an emergency declared by the Governor, the county governing body shall not meet between the general election day and the following Tuesday when the newly elected officials shall take office.
9 Del. C. § 5206 — Delaware Code / Title 9 / Chapter 52 / Section 5206
§ Â
        5206. Award of contracts.
Status: in_force

Either Kent County or the Kent Conservation District may enter into contracts for maintenance of stormwater infrastructure that cannot be completed by existing staff. All such contracts shall follow applicable state and local laws and policies.
9 Del. C. § 331 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 331
§ Â
        331. Tie vote in election; appointment by Governor.
Status: in_force

Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes cast at any election, the Superior Court, sitting as a board of canvass in the county in which the tie vote occurs, shall certify the fact to the Governor who shall forthwith appoint 1 of the candidates involved in the tie to be 1 of the county governing officials for the county. The person appointed shall hold the office for the term of 2 years from the first Tuesday in January then next ensuing.
9 Del. C. § 9415 — Delaware Code / Title 9 / Chapter 94 / Section 9415
§ Â
        9415. Record of marriage licenses.
Status: in_force

(a) Every clerk of the peace of the State shall procure a suitable book for marriage licenses, in which shall be entered alphabetically the name of every person, to whom shall be issued a license, together with the post-office address and street and number of the city, village or town where the person resides, together with the date the license was issued and the amount paid for same, which entry shall be made within 24 hours of the issuance of every such license. The books shall be procured in accordance with § 113 of Title 13 and furnished to the several clerks of the peace upon their request.

(b) This section shall not apply to the clerk of the peace of New Castle County.
9 Del. C. § 6901 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6901
§ Â
        6901. Definitions.
Status: in_force

All definitions used in § 6801 of this title shall apply to this subchapter, and as used in this subchapter, unless the same shall be inconsistent with the context:

(1) “Nonconforming structure” means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or code or amendment by reason of its location. Such nonconforming structures include nonconforming signs.

(2) “Nonconforming use” means a use, whether of land or of a structure, which does not comply with the applicable use provisions in a zoning regulation or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or code or amendment, or prior to the application of such ordinance or code or amendment by reason of its location.

(3) “Structure” means any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land. The word “structure” includes the word “building.”
9 Del. C. § 2101 — Delaware Code / Title 9 / Chapter 21 / Section 2101
§ Â
        2101. Lighting streets and highways in unincorporated communities and villages; petition.
Status: in_force

(a) Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, the County Council may enter into a contract with any electric, gas or other lighting companies to light and illuminate the streets or highways running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted. Street lights shall be of such candle power, electric or its equivalent in other illuminating mediums, as shall be determined by the County Council. The County Council may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.

(b) For purposes of this chapter, the term “property owner” shall mean a person or entity who owns a fee simple interest in land situated in any unincorporated community or village in New Castle County entitling the owner to sign a petition filed pursuant to subsection (a) of this section and cast 1 vote in favor of or against illuminating streets or highways covered by such petition. In the event that a property is owned by more than 1 person or entity, either as joint tenants with right of survivorship, tenants in common or tenants by the entirety, each such party shall be entitled to cast a proportional vote equal to such party’s proportional interest in and to the jointly-held property, as set forth in the deed of conveyance or other evidence of ownership. If the deed or other evidence of ownership does not set forth each owner’s proportionate interest, each owner’s interest shall be presumed to be equal for purposes hereof. It is the intent of this section that each property shall have no more than 1 vote, and each property owner shall have a vote equal to such property owner’s proportional interest in such property.
9 Del. C. § 4613 — Delaware Code / Title 9 / Chapter 46 / Section 4613
§ Â
        4613. Preliminary expenses.
Status: in_force

The preliminary expenses incurred for the preparation of maps, plans, studies, reports and other matters relating to the establishment or extension of a sewer district as authorized by this chapter, shall be a county charge and shall be assessed, levied and collected in the same manner as other county charges. If the county government shall thereafter establish or extend a sewer district and construct a sewer system therein pursuant to the provisions of this chapter, the expenses incurred by the county government as set forth above shall be deemed to be part of the cost of such improvement and the County shall be reimbursed for the whole amount paid therefor, or for such portion of that amount which the county government shall allocate against such district or extension. In the event the district is not established or extended, the county government may issue bonds to finance the above cost either in whole or in part, pledging the full faith and credit of the County to the punctual payment of the bonds and the interest thereon. Such bonds may be issued for a period of not to exceed 5 years from their respective dates.
9 Del. C. § 341 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 341
§ Â
        341. Bailiffs to governing body; constables.
Status: in_force

The governing body in each county may select and require 2 constables of the county to attend its sittings, as bailiffs, who shall attend the same and obey all the reasonable requirements of the governing body under penalty of $10, to be recovered by indictment.
9 Del. C. § 8113 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8113
§ Â
        8113. Fire protection fee.
Status: in_force

(a) For purposes of this section:

(1) “Ambulance service provider” means an organization that is a recipient of a grant-in-aid for the current fiscal year for the operation and maintenance of ambulances in the public service.

(2) “Fire company” means a nonprofit fire company that is a recipient of a grant-in-aid for the current fiscal year.

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

(4) “Fire protection provider” means a fire company or an ambulance service provider that provides fire protection outside the City of Wilmington.

(b) (1) A county may impose, by ordinance, a fire protection fee.

(2) A fire protection fee may be collected from property that is otherwise exempt from taxation and assessment unless any of the following apply:

a. The property is owned by this State.

b. An exemption from the collection of the fire protection fee is provided by the county.

(c) (1) A county must do all of the following with any money collected under this section:

a. Deposit and hold all of the money in an account that is segregated from the county’s general funds.

b. Except as provided under paragraph (c)(3) of this section, distribute all of the money, including any accrued interest, in the manner required under paragraph (c)(2) of this section, within 18 months of receipt.

(2) a. The money collected under this section may only be distributed to fire protection providers providing fire protection in the county.

b. A county shall establish criteria for how the money is distributed under paragraph (c)(2)a. of this section.

(3) A county may use no more than 5% of the money annually deposited under paragraph (c)(1)a. of this section for administering this section.

(d) If a fire protection fee is not paid as and when due, all of the following apply:

(1) A penalty on the unpaid balance may accrue and be due to the county at a rate and in a manner set by ordinance. The county may establish procedures for the abatement of this penalty.

(2) The unpaid balance and any penalties accrued thereon shall be a lien on the property upon which the fire protection fee was incurred. This lien shall be superior and paramount to the interests in such property of any owner, lessee, tenant, mortgagee, or other person, except the lien of taxes.

(3) The county may institute a proceeding for the enforcement of a lien under paragraph (d)(2) of this section with accrued penalties, and all costs thereon, under the method for collecting delinquent taxes established under Chapter 87 of this title. Grounds and buildings, or any part thereof, may be sold by the sheriff of the county as is provided by law.

(e) A fire protection provider must include the money received under this section in the annual audit required under § 6608 of Title 16.
9 Del. C. § 4136 — Delaware Code / Title 9 / Chapter 41 / Subchapter III / Section 4136
§ Â
        4136. Appropriations for community services.
Status: in_force

The county government may appropriate each year for community services of general benefit to the County and its residents such amounts as it may deem just and proper.
9 Del. C. § 8152 — Delaware Code / Title 9 / Chapter 81 / Subchapter III / Section 8152
§ Â
        8152. Definitions.
Status: in_force

As used in this subchapter, the term “elderly persons” means persons who have attained their sixty-second birthday.
9 Del. C. § 348 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 348
§ Â
        348. Annual audit; qualifications and selection of auditors.
Status: in_force

(a) The county government shall procure the services of 1 or more certified public accountants to audit the accounts of the county at the end of its fiscal year.

(b) Every certified public accountant employed under subsection (a) of this section shall be certified under the laws of Delaware or under the laws of some state having substantially the same qualifications for the certification of public accountants as are required by the laws of Delaware. The county government shall contract with a certified public accountant or certified public accountants, after first giving notice by newspaper advertisement or otherwise of the contemplated employment, and shall thereafter select the lowest responsible bidder for the purpose of carrying out the requirements of this section. The county government may appropriate reasonable sums from the general funds of the county for the payments to the certified public accountants for auditing the county books.
9 Del. C. § 8336 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8336
§ Â
        8336. Annual review.
Status: in_force

(a) Eligibility of land for valuation, assessment and taxation under this section shall be determined for each tax year separately. Application shall be submitted by the owner to the assessor of the taxing district in which such land is situated on or before February 1 of the year immediately preceding the tax year for which such valuation, assessment and taxation are sought; provided however, that unless the eligibility of land under this section changes, those applications which have met the provisions to qualify under this chapter shall be automatically renewed without the owner having to apply annually. With respect to new applications, eligibility of the land for valuation, assessment and taxation under this section shall be conditioned upon advance execution by the landowner of a certification, in recordable form, as provided by the Delaware Agricultural Lands Preservation Foundation, which certification indicates that a roll-back tax is due and payable to the school districts and the Foundation under the provisions of § 8335(d) of this title at such time that the land is subjected to a change in use or applied to a use other than agricultural, horticultural or forestry, as such terms are defined, and that a failure to pay the roll-back tax when due results in the imposition of a lien on the land for nonpayment.

(b) (1) If the eligibility of land under this section changes the owner shall on or before February 1, of the following year in which the eligibility of the land changes, notify the assessing authority in the taxing district, in writing, of the change in land use.

(2) Any owner who fails to properly notify the assessing authority in the tax district of the change in land use shall be assessed a penalty for such failure in an amount of 20% of the rollback taxes recoverable against the property, which penalty shall be collected by the taxing district.
9 Del. C. § 8710 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8710
§ Â
        8710. Actions for recovery in Kent and Sussex Counties; judgments; execution.
Status: in_force

(a) At any time after the delivery of the duplicates and warrants and without notice to the taxable, the tax collecting authority may institute suit before any justice of the peace of this State in any of the counties in the State for the recovery of any tax due and unpaid, and, in an action of debt, may recover judgment against any taxable, and upon such judgment may sue out writs of execution as in case of other judgments recovered before a justice of the peace. The action shall be brought in the name of “. . . . . . . . . . . . . . . . . . . . Receiver of Taxes and County Treasurer for . . . . . . . . . . . . . . . . . . . . County.” In Sussex County, the action should be brought in the name “. . . . . . . . . . . . . . . . . . . ., Director of Finance for Sussex County.”

(b) In Sussex County execution shall be and constitute a lien upon all the personal property of the taxable within the County of Sussex which, by virtue of the execution, shall be levied upon within 30 days after the issuance thereof, and such lien shall have preference and priority to all other liens on the personal property created or suffered by the taxable, although such other lien or liens be of a date prior to the time of the attachment of such lien for taxes.
9 Del. C. § 8706 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8706
§ Â
        8706. Extension of tax lien in Kent or Sussex Counties.
Status: in_force

The lien of any taxes upon real estate in Kent or Sussex Counties may be extended in the manner following: The tax collecting authority shall, prior to the expiration of the lien of the taxes, file with the prothonotary of the county a certificate containing the name of the taxable, the amount of the assessment, distinguishing the real property and capitation tax, the year for which the taxes may be levied, the rate of taxes, the total tax levied, the date from which the penalty for nonpayment of tax shall begin, and the rate of such penalty per month. The prothonotary shall thereupon file the certificate and enter an abstract thereof upon a record to be kept in the prothonotary’s office and to be known as “Tax Lien Record.” The lien of the tax shall thereupon be extended and remain a lien against all the real property of the taxable within the county, inclusive of all real property, alienated by the taxable subsequent to the levy of the tax, and shall extend back to the date of the levy of the tax, and shall continue in force for a period of 5 years from the date of the levy, subject to the same conditions and limitations as of a judgment recovered in the Superior Court, and a writ of levari facias may issue thereon for the sale of the taxable’s real estate at the direction of such tax collecting authority as on any such judgment, and shall be in the name of the State against the taxable. The same provisions of law respecting the sale of lands under a writ of levari facias or execution process as in other cases shall apply to the sale of lands made under this section.
9 Del. C. § 4958 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4958
§ Â
        4958. Evaluation and appraisal of comprehensive plan.
Status: in_force

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

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

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

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

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

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

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

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

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

(f) The Cabinet Committee may prescribe a format and guidelines for the preparation of the County’s report. Should the Cabinet Committee elect to do so, the Office of State Planning Coordination shall assist the Committee in the development and administration of such guidelines.
9 Del. C. § 507 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 507
§ Â
        507. Election to authorize bond issue; fixing time for holding.
Status: in_force

(a) Upon the submission by the Director of the Division of Highways of the Department of Transportation to the county government of complete plans, specifications and estimates covering the improvements, the county government shall fix a date for an election, at which all citizens and real property owners of the community may vote, on the question whether the county government should proceed to issue bonds in the manner hereinafter provided, in an amount sufficient to finance the cost of the improvements contemplated and shall include costs estimated by the Division of Highways for preliminary engineering, which shall not be reimbursable in excess of 10 percent of the estimated project cost, and for construction inspection at the rate of 10 percent of the amount of the contract bid.

(b) The election shall be held not less than 20 days nor more than 60 days after the submission of the plans, specifications and estimates to the county government.
9 Del. C. § 1396 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1396
§ Â
        1396. Other employees.
Status: in_force

The County Council may provide for such employees as may be necessary to perform the functions required by this title.
9 Del. C. § 6920 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6920
§ Â
        6920. Nonconforming uses of land or structure.
Status: in_force

(a) Nonconforming uses of land or structure may, except as provided in subsection (b) of this section, be continued although such use does not conform with the provisions of such regulations or change thereof, provided no structural alteration of such structure is proposed or made for the purpose of such continuance.

(b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County, or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by the County is located.
9 Del. C. § 4521 — Delaware Code / Title 9 / Chapter 45 / Subchapter I / Section 4521
§ Â
        4521. Annexation.
Status: in_force

Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any right, title or interest in any part of any water or sewer system constructed, acquired, extended or improved pursuant to this chapter, except as a resolution of the county government may so provide. No such resolution shall be adopted by the county government unless the annexing municipality shall have deposited a fund sufficient to pay when due any outstanding bonds issued hereunder for the purchase, construction, acquisition, extension or improvement of all systems wholly or partly within the annexed area, with interest to the date of call or redemption and any redemption or call premium applicable thereto.
9 Del. C. § 8604 — Delaware Code / Title 9 / Chapter 86 / Section 8604
§ Â
        8604. Abatement of taxes; penalty for the late payment; removal of delinquent real estate taxes from tax roll [Effective Aug. 12, 2028].
Status: repealed

(a) (1) The tax collecting authority of New Castle County shall, after September 1 in the year in which annual taxes become due and payable, add thereto a penalty of 6 percent of the current charge and 1 percent of the unpaid principal balance as of the first day of every month thereafter until the same shall be paid. Penalty shall accrue at the same rate on any supplemental tax bill issued pursuant to § 8340 of this title, beginning on the first day of the third month from the date upon which the tax liability became due and payable.

(2) In Kent County and in Sussex County the tax collecting authority shall, after September 30 in the year in which the tax duplicate shall be delivered to the authority, add to taxes to be paid thereafter a penalty of 1.5 percent per month until the same shall be paid.

(b) The tax collecting authority of each county is authorized to remove from the tax roll the amount of any taxes assessed against real estate that do not constitute a lien against such real estate pursuant to § 8705 of this title.

(c) (1) The tax collecting authority of each county, upon being authorized by ordinance adopted by County Council or Levy Court, may allow an abatement of or discount upon any tax or penalty for late payment, exclusive of school taxes, required to be collected by them.

(2) [Repealed.]

(d) [Repealed.](a) (1) The tax collecting authority of New Castle County shall, after September 1 in the year in which annual taxes become due and payable, add thereto a penalty of 6 percent of the current charge and 1 percent of the unpaid principal balance as of the first day of every month thereafter until the same shall be paid. Penalty shall accrue at the same rate on any supplemental tax bill issued pursuant to § 8340 of this title, beginning on the first day of the third month from the date upon which the tax liability became due and payable.

(2) In Kent County and in Sussex County the tax collecting authority shall, after September 30 in the year in which the tax duplicate shall be delivered to the authority, add to taxes to be paid thereafter a penalty of 1.5 percent per month until the same shall be paid.

(b) The tax collecting authority of each county is authorized to remove from the tax roll the amount of any taxes assessed against real estate that do not constitute a lien against such real estate pursuant to § 8705 of this title.

(c) (1) The tax collecting authority of each county, upon being authorized by ordinance adopted by County Council or Levy Court, may allow an abatement of or discount upon any tax or penalty for late payment, exclusive of school taxes, required to be collected by them.

(2) Notwithstanding paragraph (c)(1) of this section, The tax collecting authority of each county shall waive any penalty for late payment of county taxes, school taxes, or both for any residential taxpayer who enters into and complies with a payment plan under subsection (d) of this section.

(d) (1) The tax collecting authority of each county shall allow a taxpayer to enter into a payment plan for the payment of county taxes, school taxes, or both if all of the following conditions are met:

a. The property is zoned for residential use and is the primary residence of the taxpayer.

b. The taxpayer’s property tax bill exceeds the immediately preceding year’s property tax bill by $300 or more.

(2) A payment plan under this subsection must allow the taxpayer to submit payment of school taxes to the county in at least 3 equal installments and provide that if payments are timely made the taxpayer will not be charged any interest, penalty, or late fee.

(3) A county may set additional eligibility and administrative criteria for a payment plan under this subsection, so long as the criteria are not unduly restrictive or burdensome.

(4) In the event of a cash flow shortfall of local school funds due to taxpayers in a school district entering payment plans under this subsection, the school district may request, and the State may advance, moneys from State Division I funds.
9 Del. C. § 575 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 575
§ Â
        575. Receipt and disposition of assessments; bond.
Status: in_force

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

(b) The county government may require the receiver of taxes and county treasurer to enter into a bond conditioned upon the faithful performance of his or her duties in the making of the collections of the special assessments or levies.
9 Del. C. § 6508 — Delaware Code / Title 9 / Chapter 65 / Section 6508
§ Â
        6508. Construction of system adequate for future connections.
Status: in_force

The county government may construct and maintain main sewers or water mains and sewage or water 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. § 1351 — Delaware Code / Title 9 / Chapter 13 / Subchapter IV / Section 1351
§ Â
        1351. Functions.
Status: in_force

The Department of Community Services, managed by the general manager of the Department, who shall be qualified for the position by education, experience and training, may perform the following functions:

(1) Undertake and execute or supervise the execution of all programs related to library functions, recreational/sports and athletic activities, community development and housing, senior programs, and any or all other community related programs authorized by County administrators;

(2) Administer community services programs offering every resident of New Castle County equal access to services, resources and guidance in their use;

(3) Receive, accept, administer and expend, according to the County budget, any moneys, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments by any source, public or private, in accordance with the terms thereof, for the purposes provided in this division;

(4) Plan, supervise and conduct a program of parks and park-related activities for all of the parks in the County; and

(5) Perform all other activities pertinent to its organizational functions.
9 Del. C. § 3501 — Delaware Code / Title 9 / Chapter 35 / Section 3501
§ Â
        3501. Short title.
Status: in_force

This chapter shall be known as the “New Castle County Neighborhood Improvement District Act.”
9 Del. C. § 525 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 525
§ Â
        525. Determination of portion of total assessment payable annually; special lien; payment.
Status: in_force

(a) After the county government has determined the total amount of the special assessment to be levied, it shall promptly seek the advice of at least 2 responsible brokers or bankers in this State accustomed to dealing in municipal, school or county bond issues as to what proportion of his or her total assessment or levy shall be paid annually by each freeholder in the suburban community until the maturity of the bond issue, bearing in mind the terms and conditions of the particular issue, and whether all the bonds mature on the same day or are to be retired serially or by lot, as the case may be.

(b) Having determined upon such proportionate annual amount of payment as will adequately insure the payment of the principal and interest upon the bonds, the county government shall meet, and, by resolution, declare the amount of the assessment or levy against the property of each freeholder a lien and fix the proportionate amount of the assessment or levy against each such property or properties to be paid annually by each freeholder.

(c) Any freeholder may at any time pay to the receiver of taxes and county treasurer of the county in which the suburban community is located, the full principal amount of the special lien placed against the freeholder’s property or properties together with accrued interest thereon to the next succeeding interest date.
9 Del. C. § 4533 — Delaware Code / Title 9 / Chapter 45 / Subchapter II / Section 4533
§ Â
        4533. No proceedings unless tax is a lien upon property; construction of term âSuperior Courtâ.
Status: in_force

(a) No proceedings shall be brought under this subchapter unless the service charge or assessment sought to be collected hereunder shall at the time of the filing of the praecipe in the office of the prothonotary be and constitute a lien upon the property against which the service charge or assessment was assessed or laid.

(b) Whenever the Superior Court is mentioned in this subchapter, the same shall be held to embrace the judges or any judge thereof, and any act required or authorized to be done under this subchapter may be done by the Superior Court or any judge thereof in vacation thereof, as well as in term time.
9 Del. C. § 6913 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6913
§ Â
        6913. Board of Adjustment â Appointment, terms and qualifications; removal; vacancies; compensation.
Status: in_force

The county government shall appoint a Board of Adjustment of 5 members, subject to the same terms and qualifications as indicated in § 6803(c) of this title.
9 Del. C. § 520 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 520
§ Â
        520. Exemption from limitations of county contract laws.
Status: in_force

Contracts entered into by the county government under the provisions of this subchapter shall in all cases be exempt from monetary limitations now set forth in county government contract laws.
9 Del. C. § 3206 — Delaware Code / Title 9 / Chapter 32 / Section 3206
§ Â
        3206. Conditions precedent to issuance of bonds.
Status: in_force

Before issuing any bonds, county council shall:

(1) Designate by resolution an area within the Claymont Hometown Overlay District of New Castle County as a “TIF District.”

(2) Receive from the appropriate Assessor a certification as to the amount of the original assessed value.

(3) Pledge that until the bonds have been fully paid, or thereafter, the property taxes on real property within the TIF District shall be divided and applied in the priority determined by the county as follows:

a. That portion of the taxes which would be produced by the rate at which taxes levied each year by or for the county upon the original assessed value shall be allocated to and when collected paid into the funds of the taxing body in the same manner as taxes by or for the taxing body on all other property are paid.

b. That portion of the taxes representing the levy on the tax increment that would normally be paid to the county shall be paid into a special fund to be applied in accordance with the provisions of § 3208 of this title.

c. That portion of the taxes representing the levy on the tax increment that would normally be paid to or on behalf of a taxing body other than the county shall be allocated to and, when collected, paid into the funds of such taxing body in the same manner as taxes by or for the taxing body on all property are paid, or any other manner that public agencies so determine (school districts, etc.); provided, however, if such taxing body has agreed pursuant to § 3209 of this title that such taxes shall be paid into a special fund created in accordance with § 3207 of this title, then such taxes shall be paid into such special fund.
9 Del. C. § 8133 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8133
§ Â
        8133. Application for exemption.
Status: in_force

(a) No exemption from taxation on the valuation of real property as provided in this subchapter shall be allowed except on written application therefor, which application shall be on a form prescribed by the governing bodies of the respective counties and provided for the use of the claimants under this subchapter by the governing body of the taxing district in which such claim is to be filed.

(b) An application for exemption under this subchapter shall be filed with the assessor of the taxing district by a date determined by the taxing district, which shall not be earlier than 45 days prior to the last date of the pre tax year; provided, however, that unless the income of the applicant has changed to exceed the $3,000 allowed, or unless the applicant no longer owns the dwelling which is a constituent part of the applicant’s real property, or unless the applicant’s spouse has income exceeding the $3,000 maximum, annual renewal shall not be required to qualify under this subchapter.
9 Del. C. § 2317 — Delaware Code / Title 9 / Chapter 23 / Section 2317
§ Â
        2317. Collection of assessments.
Status: in_force

The annual assessments shall be collected by the County Council as are other county taxes. The properties against which such assessments are levied shall be liable for the payment of the assessments in the same manner as they are liable for other county taxes. No assessment shall be made against any property which is not subject to taxation and assessment for county and municipal purposes.
9 Del. C. § 6305 — Delaware Code / Title 9 / Chapter 63 / Section 6305
§ Â
        6305. Fees.
Status: in_force

(a) The fees for issuing permits shall be determined by the County Council of Sussex County.

(b) The County may add a surcharge on any application for a building permit, in an amount not greater than 1.25% of the construction value applicable to the building permit application, to provide funding for the local share of any school capital construction program that has received a certificate of necessity from the Secretary of Education of the Department of Education pursuant to § 7510 of Title 29, except no surcharge may be added to an application for a building permit with a construction value of $30,000 or less, if the application is submitted after the issuance of the original certificate of occupancy.
9 Del. C. § 514 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 514
§ Â
        514. Preparation, form and execution of bonds.
Status: in_force

The county government shall direct and effect the preparation and printing of the bonds authorized by this subchapter, shall determine whether such bonds shall be registered or bearer with coupons convertible into fully registered bonds and shall prescribe the form of the bonds and, in the case of bearer bonds with coupons, the form of the coupons for the payment of interest thereto attached. The bonds shall state the conditions under which they are issued. The face amount of the bonds and, in the case of bearer bonds with coupons, the coupons thereto attached shall be payable at such place or places as shall be designated by the county government. The bonds shall be signed in the manner prescribed by the county government.
9 Del. C. § 1322 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1322
§ Â
        1322. Assessment of property.
Status: in_force

Transferred to § 1371F of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.
9 Del. C. § 1114 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1114
§ Â
        1114. Vacancy in office.
Status: in_force

(a) If a vacancy occurs in the office of County Executive by reason of death, resignation, removal from office, or other cause, the Governor shall appoint an acting County Executive to serve until the vacancy is filled as a result of an election. The person appointed by the Governor to be acting County Executive shall meet all eligibility requirements to be a candidate for that office.

(b) Whenever a vacancy in the office of County Executive occurs for any reason, within 10 days following the creation of the vacancy, the President of County Council shall deliver to the Department of Elections for New Castle County a writ of election reporting the existence of the vacancy and requesting that a special election be scheduled to fill the same.

(c) On the next day after receiving a writ of election, unless the same shall be Saturday, Sunday, or a legal holiday, and then on the next business day following, the Department of Elections for New Castle County shall post a proclamation reciting the writ and appointing a day for holding a special election, at the following locations:

(1) On the outside of the door of the New Castle County Courthouse;

(2) On the Internet; and

(3) In at least 5 public places in New Castle County.

(d) (1) If the Department of Elections for New Castle County receives a writ of election reporting the existence of a vacancy in the office of County Executive then, no more than 45 days after posting said proclamation pursuant to subsection (c) of this section, it shall hold a special election to fill such vacancy; provided, however that:

a. If the special election to fill the vacancy must be scheduled pursuant to this section within the 45 days immediately following another special election, the special election to fill the vacancy shall be held on the forty-fifth day following the previous special election; and

b. If the special election to fill the vacancy must be scheduled pursuant to this section on a Saturday, Sunday or legal holiday, said special election shall be held on the first business day thereafter.

(2) Notwithstanding paragraph (d)(1) of this section:

a. In the year of a general election, if a vacancy occurs in the office of County Executive on or after June 1 but before August 20 of that year, the special election to fill such vacancy shall be held that year on the day of the general election;

b. In the year of a general election in which the office of County Executive is not on the general election ballot, if a vacancy occurs in the office of County Executive on or after August 20 of that year but before the date of the general election, the special election to fill such vacancy shall be held that year on the forty-fifth day following the general election, or within 1 week thereafter.

(e) Any political party eligible to have a candidate listed on a ballot in the most recent general election preceding the creation of the vacancy may select a candidate to be listed on the ballot for the special election. Candidate names must be received by the Department of Elections for New Castle County no more than 10 days following the date on which the Department posts its proclamation reciting the writ of election and appointing a day for holding a special election. The candidate for a political party shall be selected by the county chair of that party, or in the event that a county chair does not exist, then by the party’s state chair.

(f) To the greatest extent feasible, the Department of Elections for New Castle County will use the same polling places as used in a general election; provided, however, that the department may require voters from multiple election districts to use a single polling place and, in the event a normal polling place is not available to be used on the day of the special election, may use as polling places buildings which are not normally used as polling places.

(g) The Department of Elections for New Castle County will appoint election officers as necessary to conduct the special election.

(h) Except as provided in this section, special elections conducted to fill a vacancy in the office of County Executive shall be provided for, opened, held, conducted and closed and the result thereof ascertained and certified in the same manner and subject to the same laws, as far as the same may be applicable, as are prescribed for the general election; provided, however, that the provisions of § 4980(b) of Title 15 shall not apply to any special election held pursuant to this section, nor shall that section interfere with the conduct of a special election held pursuant to this section. Ballots for any special election conducted on the date of a general election pursuant to this section shall be merged with the general election ballots for that date and the 2 elections shall be conducted as a single, general election.

(i) The Superior Court for New Castle County, as constituted under article V, § 6 of the Delaware Constitution, shall at 10 a.m. on the second day after a special election conducted in accordance with this section convene and perform its duties prescribed by the Delaware Constitution with reference to the special election, at the same place, with the same powers and in the same manner as for a general election. If the second day after a special election is a Saturday, Sunday or legal holiday, the canvass of the special election shall commence at 10 a.m. on the first business day thereafter.

(j) A candidate elected pursuant to this section shall immediately upon certification of election take office and shall serve until the expiration of the term.

(k) Unless otherwise provided by the laws of this State, all necessary costs and expenses, including the compensation of election officers, incurred in carrying into effect a special election pursuant to this section, except those that have merged with the general election pursuant to subsection (d) of this section, shall be paid by New Castle County.
9 Del. C. § 7102 — Delaware Code / Title 9 / Chapter 71 / Section 7102
§ Â
        7102. Promulgation of property maintenance ordinances, rules, and regulations.
Status: in_force

The Sussex County Council, in order to provide for the health, safety, and welfare of the citizens of Sussex County, may promulgate ordinances, rules, and regulations regulating and governing the condition and maintenance of all property, structures, and buildings to eliminate or prevent unsafe, unhealthy, unsanitary, or substandard conditions. Said ordinances, rules, or regulations may provide standards for: the condition and maintenance of property, structures, and buildings; supplied utilities, facilities, and other physical things and conditions essential to ensure that property, structures, and buildings are safe, sanitary, and fit for occupation and use and do not adversely affect the welfare of the public; condemnation of structures and buildings unfit for human occupancy and use; and the demolition of structures and buildings unfit for human occupancy and use.
9 Del. C. § 8711 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8711
§ Â
        8711. Attachment of wages.
Status: in_force

(a) Any tax collecting authority may at any time notify in writing the person or corporation by whom any taxable is employed that the tax of the employee is due, delinquent and unpaid, and thereupon the employer shall deduct from the wages, or from any sum due such employee, the amount of the tax due from such employee, and charge the same against the employee. If such employer refuses or neglects to comply with the provisions of this section within 3 months from the time of receiving such notice, the employer shall be personally liable for the tax of such person as to whom notice has been given. The amount of the tax may be recovered from such employer by the tax collecting authority in an action of debt before any justice of the peace.

(b) When the amount of such tax is held by any employer under the provisions of this section, the employer shall pay the same to the tax collecting authority within 30 days thereafter. A copy of this section shall accompany all written notices to employers.
9 Del. C. § 9622 — Delaware Code / Title 9 / Chapter 96 / Section 9622
§ Â
        9622. Department of finance construed.
Status: in_force

Any reference to “department of finance” shall be deemed to mean and include the Department of Finance in Sussex County and the Office of Finance in New Castle County.
9 Del. C. § 8701 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8701
§ Â
        8701. Collection permitted from personal property or real property.
Status: in_force

(a) If any person is assessed for several parcels of land and tenements, in the same tax assessment, the total of said person’s taxes, if not paid when due, may be collected out of the personal property, or out of the whole or any part or portion of the lands and tenements.

(b) Land alienated by the taxable shall not be sold until other property of the taxable shall have been disposed of.

(c) If the tax be paid on land alienated, the lien of the tax thereon shall be discharged.

(d) (1) Notwithstanding subsection (a) of this section or any other Delaware or county law to the contrary, if a taxpayer enters into a payment plan authorized under § 8604(d) of this title or any other law and complies with the payment plan, New Castle County’s tax collecting authority may not collect the taxes owed out of the taxpayer’s real or personal property, including by doing any of the following:

a. Filing a civil action.

b. Garnishing a taxpayer’s wages.

c. Seizing the taxpayer’s real or personal property.

d. Issuing a monition.

e. Filing for a writ of venditioni exponas.

f. Instituting attachment proceedings under subchapter III, Chapter 87 of this title.

g. Selling the taxpayer’s real or personal property through a sheriff sale or any other legal proceeding.

h. Filing an action to collect on a tax lien.

(2) This subsection applies to New Castle County taxes and school taxes assessed on residential property for the 2025-2026 tax year.
9 Del. C. § 346 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 346
§ Â
        346. Gifts or rebates; penalty.
Status: in_force

Whoever, by special contract or otherwise, does or performs any work, labor or service of any kind for, or furnishes any merchandise, goods, printing, tools, implements, machinery or materials of any kind or description, to or for the use of any county or the governing body of any county or any elected official of any governing body in his or her official capacity, and directly or indirectly to any elected official of any county or to any other person whomsoever, gives, conveys, allows, offers or tenders any rebate, commission, profit, gift, emolument, rake-off or any pecuniary benefit whatsoever from the price of or on account or because of the doing or performing of such work, labor or service for any county, governing body or elected official thereof, or from the price of or on account or because of the furnishing of merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of any county, governing body or elected official thereof, shall be fined in such amount as is determined by the governing body, but not less than 3 times the amount of the price charged by the offending person for the work, labor, service, merchandise, goods, printing, tools, implements, machinery or materials so done or furnished by the offending person, and also shall be adjudged, deemed and held incapable of thereafter performing any service, or furnishing any material or merchandise whatsoever to, for or for the use of the counties, governing bodies or any elected official thereof, forever.
9 Del. C. § 6918 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6918
§ Â
        6918. Superior Court review of decision of Board of Adjustment; procedure.
Status: in_force

(a) Any persons jointly or severally aggrieved by a decision of the Board of Adjustment or any taxpayer or any officer, department, board or bureau of the County may present to the Superior Court in and for Sussex County, a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the Court within 30 days after the filing of the decision in the office of the Board.

(b) Upon the presentation of the petition, the Court may allow a writ of certiorari, directed to the Board of Adjustment, to review the decision of the Board of Adjustment, and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner’s attorney, which shall not be less than 10 days and may be extended by the Court.

(c) The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. The cost of the transcript of the hearing appealed from shall be the responsibility of the person appealing the decision unless said costs are allowed against the Board as provided in subsection (g) of this section.

(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the Court with the referee’s findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.

(f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(g) Costs shall not be allowed against the Board, unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
9 Del. C. § 5606 — Delaware Code / Title 9 / Chapter 56 / Section 5606
§ Â
        5606. Violation of regulations or chapter; notices and orders.
Status: in_force

(a) For the purpose of enforcing compliance with the provisions of the Kent County Property Maintenance Code, and removing illegal, unhealthy, or unsafe conditions, the Department of Planning Services shall issue such rules, notices, or orders as may be necessary.

(b) Whenever the Department of Planning Services is satisfied that a person responsible has committed an offense against the Kent Property Maintenance Code or other provision of the Kent County Code that constitutes a threat to the public health, safety, or welfare, or of an order of the Department of Planning Services, the Department of Planning Services may serve a written notice or order upon the person responsible, directing discontinuance of each illegal action and the remedying of the condition that is in violation of the provisions, regulations, or requirements as adopted by the Kent County Levy Court or by order of the Department of Planning Services.

(c) No person, having been served with such a notice or order, shall fail to comply with the requirements thereof within the time stated therein or within 15 days if no time is provided, unless the Department of Planning Services determines that such violation cannot be cured within such time and clearly delineates additional time for compliance.
9 Del. C. § 2216 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2216
§ Â
        2216. Connection of property with sewers.
Status: in_force

Permits for connecting any property by a drain with any county sewer shall be obtained from the County Council and shall be issued only to plumbers licensed to do business in the State. No permit will be granted for connecting any property by a drain with any sewer unless application is made therefor to the County Council in writing upon blanks furnished by the County Council. The application shall state the full name of the owner, the size and kind of drain pipe to be used and a full description of the premises, its location, the number and size of each building located thereon to be drained, the area of each floor thereof, including the floor of the cellar or basement, all of the purposes for which the drain is to be used, the time when the connection is to be made and other particulars for a full understanding of the subject and that the owner will be subject to all the rules and regulations prescribed by the County Council. The application shall be signed by the owner of the property to be drained and by a plumber licensed to do business in the State. The owner shall also execute a release to the County Council releasing the County Council, its officers and agents and the County from all liability or damage which may in any manner result to the premises by reason of such connection. No permit shall be deemed to authorize anything not therein specifically stated.
9 Del. C. § 4122 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4122
§ Â
        4122. Investment powers.
Status: in_force

The county government by its Levy Court may authorize and order the investment of idle funds kept as surplus and not reasonably required to be maintained on a demand basis in such manner as recommended by the Director of Finance. Investment of county funds shall be in accordance with general state law and the ordinances of the county government governing such investments. All interest or investments and moneys so earned from these idle or surplus funds shall accrue only to the benefit of the County of Kent.
9 Del. C. § 5603 — Delaware Code / Title 9 / Chapter 56 / Section 5603
§ Â
        5603. Department of Planning Services; administration and enforcement.
Status: in_force

The Department of Planning Services shall have the power and authority to administer and enforce all provisions of the Kent County Property Maintenance Code as promulgated by the Kent County Levy Court except as otherwise provided for by this chapter or by rule or regulation adopted by Kent County Levy Court.
9 Del. C. § 9414 — Delaware Code / Title 9 / Chapter 94 / Section 9414
§ Â
        9414. Furnishing marriage licenses to justices of the peace.
Status: in_force

(a) The clerk of the peace shall furnish to any justice of the peace in his or her county, upon payment of the fee to the State, as many marriage licenses as the justice may desire. No person other than such clerk of the peace or justice shall dispense or distribute the licenses. The clerk of the peace, upon dispensing such marriage license, shall notify the State Registrar of Vital Statistics, as provided by law.

(b) This section shall not apply to the clerk of the peace of New Castle County.
9 Del. C. § 8724 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8724
§ Â
        8724. Posting of monition; sheriffâs return; alias or pluries monition.
Status: in_force

(a) The monition, or a copy thereof, shall be posted by the sheriff upon some prominent place or part of the property against which the judgment for the taxes or assessment is a lien, and the sheriff shall make due and proper return of his or her proceedings under the monition to the prothonotary, within 10 days after the posting of the monition.

(b) Alias or pluries monition may issue upon like praecipe. The posting of the notice as herein required shall constitute notice to the owner or owners and all persons having any interest in the property.
9 Del. C. § 2209 — Delaware Code / Title 9 / Chapter 22 / Subchapter I / Section 2209
§ Â
        2209. Power to make charges; liability of users; computation of rates.
Status: in_force

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

(b) Such service charges shall, as near as the County Council deems practicable and equitable, be uniform throughout the area served by the sewerage system, and may be based or computed either on the consumption of water on or in connection with the real property, making due allowances for commercial use of water, or on the number and kind of water outlets on or in connection with the real property, or on the number and kind of plumbing or sewerage fixtures or facilities on or in connection with the real property, or on the number of persons residing or working on or otherwise connected or identified with the real property, or on other factors determining the type, class and amount of use or service of the sewerage system, or on any combination of any such factors.
9 Del. C. § 4909 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4909
§ Â
        4909. Commissionâs powers in conduct of public hearing.
Status: in_force

For the purpose of any public hearing under this subchapter, the Commission shall have the power to summon witnesses, administer oaths, and compel the giving of testimony.
9 Del. C. § 4631 — Delaware Code / Title 9 / Chapter 46 / Section 4631
§ Â
        4631. Authorization of notes in anticipation of bonds.
Status: in_force

In anticipation of the issuance of bonds, the county government may by resolution authorize the issuance of negotiable notes when it shall have theretofore authorized the issuance of bonds. Such notes shall mature within 1 year from the date of their issue and may be renewed from time to time, but each renewal shall be for a period not exceeding 1 year, and in no event shall such notes extend more than 7 years beyond the original date of issue.
9 Del. C. § 1313 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1313
§ Â
        1313. Jurisdiction of Board of Adjustment.
Status: in_force

(a) The Board of Adjustment shall be empowered to hear and decide:

(1) Appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement of any zoning ordinance, code, regulation or map;

(2) Applications for special exceptions or special permits or other special questions in accordance with any zoning ordinance, code or regulation, or applications for interpretation of any zoning ordinance, code, regulation or map upon which the Board of Adjustment is empowered to pass; and

(3) In specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinance, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.

(b) A variance which permits a use otherwise prohibited by any zoning ordinance, code or regulation shall not be valid unless approved by resolution of the County Council. Use variances to be approved by the County Council shall be advertised and affected state agencies, including but not necessarily limited to the departments of Transportation and Natural Resources and Environmental Control, shall be notified by registered mail, return receipt requested, at least 30 days prior to hearing scheduled before the Board of Adjustment. Said use variance shall thereafter be presented to the County Council at the next scheduled meeting following approval by the Board of Adjustment, advertisement and notification as provided herein.

(c) The County Council shall approve or disapprove the use variance or return the matter to the Board of Adjustment for further hearings and findings consistent with this section.

(d) Appeals from decisions of the County Council shall be to Superior Court as heretofore provided for appeals from decisions of the Board of Adjustment.

(e) In the exercise of its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and, to that end, it shall have all powers of the officer or agency from whom the appeal was taken.

(f) Notwithstanding the provisions of subsection (a) of this section, the Department of Land Use may administratively grant a dimensional variance for existing conditions that do not exceed 1 foot of the required dimension restrictions without the application being considered by the Board of Adjustment.
9 Del. C. § 2902 — Delaware Code / Title 9 / Chapter 29 / Section 2902
§ Â
        2902. Promulgation of property maintenance code.
Status: in_force

The County Council, in order to provide for the health, safety and welfare of the citizens of New Castle County, shall promulgate rules and regulations to be known as the New Castle County Property Maintenance Code, regulating and governing the condition and maintenance of all property, structures and buildings to eliminate or prevent unsafe, unhealthy, unsanitary or substandard conditions. Said rules and regulations shall provide standards for: the condition and maintenance of property, structures and buildings; supplied utilities, facilities and other physical things and conditions essential to ensure that property, structures and buildings are safe, sanitary and fit for occupation and use and do not adversely affect the welfare of the public; condemnation of structures and buildings unfit for human occupancy and use; and, the demolition of structures and buildings unfit for human occupancy and use.
9 Del. C. § 4911 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4911
§ Â
        4911. Changes in zoning district; plan or regulations; procedure.
Status: in_force

(a) The county government may, from time to time, make amendments, supplements, changes or modifications (herein called “changes”) with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Zoning Commission.

(b) With respect to any proposed changes, the Zoning Commission shall hold at least 1 public hearing, notice of which hearing shall be published at least 15 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined.

(c) Unless the Zoning Commission shall have transmitted its report upon the proposed changes within 45 days after acceptance of a completed application including all supporting documentation, by the Commission, the county government shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Zoning Commission. In any event, the county government shall not be bound by the report of the Zoning Commission. Before finally adopting any such changes, the county government shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given at least 1 publication in a newspaper of general circulation in the County.
9 Del. C. § 747 — Delaware Code / Title 9 / Chapter 7 / Subchapter III / Section 747
§ Â
        747. Employees.
Status: in_force

The board of any park district may employ such engineers, attorneys, clerks and other employees as may be required, and may define and prescribe their respective duties and compensation. The members of the board and all officers appointed by them shall be conservators of the peace within and upon such parks, boulevards, driveways, and property controlled by such park district, and may make arrests on view of the offense, or upon warrants for violation of any of the penal ordinances of such park districts, or for any breach of the peace, in the same manner as the police in cities organized and existing under the general laws of the State.
9 Del. C. § 2653 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2653
§ Â
        2653. Scope of subchapter.
Status: in_force

(a) The County shall have power and responsibility:

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

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

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

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

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

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

d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and statewide planning goals and objectives established pursuant to Chapter 91 of Title 29.

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

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

(b) Each County Council shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter.
9 Del. C. § 2320 — Delaware Code / Title 9 / Chapter 23 / Section 2320
§ Â
        2320. Validation of prior acts and proceedings.
Status: in_force

All proceedings taken and all acts done prior to June 2, 1949, purporting to establish any sanitary district for the purposes set forth in Article 1, Chapter 43, Revised Code of the State of Delaware, 1935, as amended by Chapter 113, Volume 45, Laws of Delaware, by either the County Council of New Castle County or by other officers or agencies of the County, are legalized, validated and confirmed, notwithstanding any error or omission or irregularity in the acts or proceedings, or in any petition submitted to the County Council under such act, or any lack of authority therefor; provided:

(1) The County Council shall have fixed the boundaries of such sanitary district after holding a public hearing at which all interested persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected were afforded an opportunity to be heard on any question dealing with the location of the boundaries of the district, and

(2) Such public hearing shall have been previously advertised by posting notice thereof in 1 or more public places within such district at least 10 days prior to such public hearing and by publishing a copy of such notice in a newspaper published within New Castle County and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which such public hearing was held, and

(3) A majority of the voters voting at an election held in such district by order of the County Council shall have voted for the establishment of the district.
9 Del. C. § 4649 — Delaware Code / Title 9 / Chapter 46 / Section 4649
§ Â
        4649. Interest rates.
Status: in_force

Bonds or notes issued pursuant to this law may bear interest at a rate or rates, without limitation, which may be determined by resolution of the county government.
9 Del. C. § 4113 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4113
§ Â
        4113. Mileage and expenses of county officers and employees.
Status: in_force

The county government may pay mileage, as provided in § 9121 of this title, to county officers, including deputies and clerks, for travel in the necessary conduct of county business as well as expenses actually incurred in the carrying out of such county business. This section shall not be construed to allow the payment of mileage to officials, deputies or clerical assistants to or from their home and their place of employment.
9 Del. C. § 615 — Delaware Code / Title 9 / Chapter 6 / Subchapter II / Section 615
§ Â
        615. Office space.
Status: in_force

The county government shall furnish suitable and appropriate office space for the commission.
9 Del. C. § 6916 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6916
§ Â
        6916. Appeals to the Board of Adjustment â Who may take; procedure.
Status: in_force

(a) Appeals to the Board of Adjustment may be taken by any person refused a building permit, or from the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning regulations. Appeals to the Board of Adjustment may be taken by any property owner, officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning regulations.

(b) The time within which such appeal must be made, and the effect, form, or other procedure relating thereto, shall be as specified in the general rules provided by the county government to govern the procedure of the Board of Adjustment or in the supplemental rules of procedure adopted by the Board.

(c) Appeals taken to the Board of Adjustment may be referred by the Board of Adjustment to the Commission for its review and recommendations.
9 Del. C. § 1138 — Delaware Code / Title 9 / Chapter 11 / Subchapter III / Section 1138
§ Â
        1138. Budgets for grants.
Status: in_force

The County Council may accept federal, state, and private grant funds. The Chief Administrative Officer shall submit to the County Council a budget, which shall not be part of the General Operating Budget or of the Capital Budget, for the expenditure of each such grant. Approval of such a budget shall constitute an appropriation of the sum specified therein for the purpose indicated. Such appropriation shall be considered valid until the funds are expended. The Chief Administrative Officer under the supervision of the County Executive shall be responsible for the administration of grant budgets.
9 Del. C. § 4648 — Delaware Code / Title 9 / Chapter 46 / Section 4648
§ Â
        4648. Bonds and notes redeemable prior to maturity.
Status: in_force

No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity on such notice, at such time or times, with such redemption provisions and at such redemption prices as may be stated in the bond or note. When any such bond or note shall have been validly called for redemption, and any payment of the principal thereof and of the interest thereon accrued to the date of redemption shall have been made or provided for, interest thereon shall cease.
9 Del. C. § 6927 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6927
§ Â
        6927. Emergency Communication Systems.
Status: in_force

The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed buildings of 25,000 square feet of gross floor area or more, shall be designed, constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title.
9 Del. C. § 4802 — Delaware Code / Title 9 / Chapter 48 / Section 4802
§ Â
        4802. Regional Planning Commission and Regional Planning District; statement of purposes.
Status: in_force

For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for roads, airways, railways, public buildings, parks, playgrounds, civic centers, airports, commercial, industrial and residential developments, water supplies, sewers and sewage disposal, drainage and other improvements and utilities (excepting, however, privately owned public utilities engaged in furnishing light, heat, power, transportation or communication by telephone or by telegraph or otherwise, as to which the provisions of this chapter shall not apply) in that portion of Kent County which is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body of authority of any such city or town, and as well as for the purpose of preventing the unnecessary duplication of such improvements or utilities, a department known as the Regional Planning Commission of Kent County is created for the area to be known as the Regional Planning District of Kent County.
9 Del. C. § 634 — Delaware Code / Title 9 / Chapter 6 / Subchapter III / Section 634
§ Â
        634. Formation of suburban park community by county government.
Status: in_force

Upon approval by the election the county government shall immediately establish a suburban park community and notify the commission of such community.
9 Del. C. § 2801 — Delaware Code / Title 9 / Chapter 28 / Section 2801
§ Â
        2801. Definitions.
Status: in_force

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

(1) “County” means New Castle County.

(2) “Water supply system” means the plants, structures and other real and personal property, including specifically dams, wells and pipelines, acquired, constructed or operated, or to be acquired, constructed or operated for the collection, storage and wholesale distribution of water for ultimate domestic, commercial and industrial use.

(3) “Water treatment and distribution system” means the plants, structures and other real and personal property acquired, constructed or to be acquired, constructed or operated for the treatment and retail distribution of water for domestic, commercial and industrial use.

(4) “Excess water” means the portion of the flow of the water in White Clay Creek which exceeds the low flow of record thereof which shall be determined by the County Council by standard accepted hydrological methods.
9 Del. C. § 8141 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8141
§ Â
        8141. Exemption from property taxes on real estate in Kent County.
Status: in_force

The provisions of this chapter notwithstanding, the Kent County Levy Court shall by ordinance provide for the exemption of real property owned by citizens over age 65 from real estate taxes to such degree and in such manner as it determines will best promote the public welfare; provided, however, that any such ordinance adopted shall include language substantially similar to that of § 8133(b) of this title.
9 Del. C. § 5605 — Delaware Code / Title 9 / Chapter 56 / Section 5605
§ Â
        5605. Fees.
Status: in_force

The Kent County Levy Court may adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement of the Kent County Property Maintenance Code, including fees for the inspection and re-inspection of properties for which a notice of violation has been duly issued.
9 Del. C. § 817 — Delaware Code / Title 9 / Chapter 8 / Subchapter II / Section 817
§ Â
        817. Bonds â Issuance; form.
Status: in_force

If the results of the election be for the resolution in aid of the library, the Kent County Levy Court shall borrow the amount specified in the resolution and for this purpose may issue a bond or bonds for the amount. Such bond or bonds shall be in such form and denomination, shall bear such date and be at such rate of interest without limitation which may be determined by resolution of the Kent County Levy Court and shall mature at such time or times as the Kent County Levy Court determines. Any bond issued shall be signed by the President of the Kent County Levy Court and attested by the Clerk of Peace, and shall be sealed with the county seal. The faith and credit of Kent County shall be deemed to be pledged by every bond issued under this subchapter.
9 Del. C. § 316 — Delaware Code / Title 9 / Chapter 3 / Subchapter I / Section 316
§ Â
        316. Fines and forfeitures payable to county; neglect to pay over; penalty.
Status: in_force

(a) All fines and forfeitures not especially otherwise appropriated shall belong to the county in which such fines or forfeitures may be imposed or incurred.

(b) They shall be paid to the treasurer of the county or the director of finance by the officer collecting or chargeable with them.

(c) If such officer neglects this duty for 3 months after the officer receives or becomes chargeable with any fine or forfeiture, the officer shall pay in addition to the amount thereof the interest at the rate of 20 percent per annum, to be computed from the time the fine or forfeiture was received or the officer became chargeable therewith.

(d) The whole may be recovered in an action in the name of the State for the use of the county to which the same may belong.
9 Del. C. § 6509 — Delaware Code / Title 9 / Chapter 65 / Section 6509
§ Â
        6509. Construction or maintenance of sewers or water systems for municipalities.
Status: in_force

The county government may construct or maintain submains or laterals as agent for municipalities when officially requested so to act and when the cost of such work is to be borne by local assessments against the property benefited or by assessment by the county government in the same manner as for unincorporated areas.
9 Del. C. § 4819 — Delaware Code / Title 9 / Chapter 48 / Section 4819
§ Â
        4819. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.
Status: in_force

With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases residential density, the county government shall notify the local school district for the area at least 7 days prior to any such approval process.
9 Del. C. § 4705 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4705
§ Â
        4705. Terms of bonds.
Status: in_force

The county government shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the county government be made redeemable at such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the county government prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this chapter, as the county government may deem expedient.
9 Del. C. § 9124 — Delaware Code / Title 9 / Chapter 91 / Section 9124
§ Â
        9124. Payment of salaries.
Status: in_force

Payment of salaries of all county officers, deputies, clerks and employees payable by New Castle County, shall be paid by warrants drawn by the government of New Castle County on the Department of Finance, in such installments and upon such dates as the government of New Castle County shall designate, upon the certificate in writing of the officer employing them that they have faithfully performed their duties up to the end of the payroll period.
9 Del. C. § 9602 — Delaware Code / Title 9 / Chapter 96 / Section 9602
§ Â
        9602. Compensation.
Status: in_force

The recorders in the respective counties shall receive the annual salaries listed below:

(1) In New Castle County, as fixed by the New Castle County government;

(2) In Kent County the Recorder of Kent County shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court; and

(3) In Sussex County the Recorder of Sussex County shall receive a salary in an amount to be set by ordinance of the Sussex County Council.
9 Del. C. § 8728 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8728
§ Â
        8728. Petition by purchasers for deed of conveyance.
Status: in_force

If the owner of the property or the owner’s legal representatives fail to redeem the property as provided in this subchapter, the purchaser of the property or the purchaser’s legal representatives, successors or assigns may present a petition to the Superior Court setting forth the appropriate facts in conformity with this subchapter and pray that the Superior Court make an order directing the Sheriff, then in office, to execute, acknowledge and deliver a deed conveying the title to the property to the petitioner; and thereupon the Superior Court shall have power, after a hearing upon the petition, to issue an order directing the Sheriff to execute, acknowledge and deliver a deed as prayed for in the petition. A description of the property as the same shall appear upon the assessment rolls, and a description by metes and bounds where obtainable shall be a sufficient description in any such deed.
9 Del. C. § 9626 — Delaware Code / Title 9 / Chapter 96 / Section 9626
§ Â
        9626. Transfer of assessment fees.
Status: in_force

The New Castle County Recorder of Deeds shall monthly cause to be remitted 1/2 of all fees which are by law payable to the New Castle County Recorder of Deeds pursuant to § 103(c)(6) of Title 8 to the treasury of the City of Wilmington.
9 Del. C. § 577 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 577
§ Â
        577. Collection of assessments in default; procedure; deficiencies.
Status: in_force

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

(b) If any property encumbered by the special lien provided for in this section is sold by foreclosure or execution process and the proceeds from such sale are insufficient to pay in full the amount of the special lien together with all interest and penalties thereon, then the unpaid portion of the special lien shall not be discharged by virtue of the sale.
9 Del. C. § 1337 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1337
§ Â
        1337. Duties; compensation; uniform.
Status: in_force

(a) The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other locations deemed necessary as directed by the Police Department for the purpose of assisting school children in safe passage across streets and highways.

(b) The guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross safely the streets and highways.

(c) In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company’s records as driving a company car is responsible for the violation.

(d) The guards shall be subject to such rules and regulations as prescribed by the Police Department.

(e) The Police Department shall provide and maintain an appropriate uniform.
9 Del. C. § 1394 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1394
§ Â
        1394. Assistant County Attorneys.
Status: in_force

The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County Attorneys shall serve at the pleasure of the County Attorney. First Assistant County Attorneys shall be selected according to provisions of the Merit System of the New Castle County Code.
9 Del. C. § 3308 — Delaware Code / Title 9 / Chapter 33 / Section 3308
§ Â
        3308. Taxation of bonds.
Status: in_force

The principal amount of the bonds, the interest payable on the bonds, their transfer and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, shall be exempt from taxation by the State and by the counties and municipalities of the State.
9 Del. C. § 1301 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1301
§ Â
        1301. Functions.
Status: repealed

The Department of Land Use, managed by the general manager of the department, who shall be qualified by education, experience and training, shall perform the following functions unless otherwise provided:

(1) The Department shall administer and enforce all statutes, ordinances and regulations for the protection of persons and property from hazards in the use, occupancy, condition, erection, alteration, maintenance, repair, removal and demolition of buildings and structures or any parts thereof, and of outdoor signs. The Department shall enforce compliance with the county subdivision and zoning code and regulations thereunder, subject to determinations made by the Board of Adjustment on appeals taken thereto.

(2) The Department shall:

a. Issue all forms for applications and receive all applications for licenses.

b. Determine whether an applicant is properly entitled to the license which that applicant seeks.

c. If the application is granted and the proper fee has been paid to the Office of Finance, issue the license to the applicant, either for itself or as agent for the officer, department or board under whose jurisdiction the subject matter thereof falls.

d. If the application is refused, notify the applicant in writing of the refusal and the reasons therefor.

e. The requirements and standards to be met by applicants for licenses shall include those established by the Department in cases in which the Department is responsible for the function involved.

(3) The Department shall make all inspections except as may otherwise be specifically provided in this title.

(4) The Department shall determine, as a result of its inspection, whether any person or the owner of any property is violating the conditions of any license, or whether any property owner is violating any statute, ordinance or regulation which it is the duty of the Department to enforce. If the Department shall find a violation to exist, it shall forthwith make such order or take such other lawful action as may be necessary to correct the dangerous or unlawful condition, and if necessary it shall invoke the assistance of the County Attorney or the County Police Department, or both.

(5) The Department, whenever it finds that a holder of any license is violating the conditions thereof, shall revoke, suspend or cancel the license. The Department shall also revoke, suspend or cancel a license whenever the office, department or board that granted the license so directs. Any revocation, suspension or cancellation shall be in writing and shall state in detail the reasons therefor.

(6) The Department, on request of any officer, department or board, shall make a special inspection of any property upon which unlawful conditions are believed to exist or to investigate the manner in which the holder of any license is operating under it. The Department shall also receive and consider complaints from citizens.

(7) The Department shall:

a. Verify compliance with the New Castle County Code related to lines and grades;

b. Not issue any permits or certificates of occupancy unless the lines and grades requirements of the New Castle County Code have been satisfied.

(8) The Department shall undertake studies of the pattern and of the potential for economic development within the County, and recommend to the County Executive programs designed to improve basic conditions conducive to better economic development of the County.

(9) The Department shall prepare and recommend to the Planning Board a comprehensive development plan for the County for the purpose of promoting health, safety, prosperity and general welfare. For those portions of the County which do not lie within the corporate limits of a municipality, the plan shall be definitive; for the remainder it shall reflect such portions of municipal planning as may be appropriate for inclusion in the county comprehensive development plan. Upon adoption of the comprehensive development plan, the Department shall be responsible for maintaining it on a current basis. To this end, it shall from time to time make recommendations to the Planning Board for modification in the plan. Such comprehensive development plan shall show, as to present and as to proposed ultimate development, the following: land use, general location, extent and character of streets, bridges, waterways and other public ways; parks and open spaces; public buildings; public utilities and terminals, whether publicly or privately owned; public housing, slum clearance and rehabilitation areas; and any other physical facility, with due regard to the aesthetic characteristics of all public structures. The comprehensive development plan may, when requested by incorporated municipalities, set forth within such municipalities any or all of the elements mentioned in this paragraph.

(10) The Department may develop and maintain the official map of those portions of the County which do not lie within the limits of incorporated municipalities. The official map and amendments thereto shall show all existing and established streets, planned streets, recommended street lines located on the final or recorded plats of subdivisions and the location of existing or planned parks and open spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the official map and shall be placed thereon.

(11) The Department shall maintain and keep current the subdivision and zoning code for the County for the portions of the County which do not lie within the limits of incorporated municipalities. To this end, it shall make recommendations, through the County Executive to the County Council, for such revisions in the subdivision and zoning code as it shall deem appropriate and necessary for the purpose of promoting the public health, safety, morals and general welfare of the County, which Code may contain regulations with respect to the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population, and the use of buildings, structures and land for trade, industry, business, residence or other purposes.

(12) The Department shall prepare and recommend, through the County Executive to the County Council, such measures as it shall deem appropriate for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted areas.

(13) The Department shall assist the County Executive and Chief Administrative Officer in the preparation of the capital improvement program for the 6-year period provided for in this title.

(14) The Department shall prepare and recommend, through the County Executive to the County Council, measures for the replanning, improvement and reconstruction of neighborhoods and community centers and of areas or districts which may be wholly or partially destroyed or seriously damaged by fire, earthquake, flood or other disaster.

(15) [Repealed.]

(16) [Repealed.]

(17) [Repealed.]
9 Del. C. § 4633 — Delaware Code / Title 9 / Chapter 46 / Section 4633
§ Â
        4633. Payment of bonds.
Status: in_force

The bonds may be payable at such time or times as may be determined in the bond resolution, or by resolution adopted subsequent to the adoption of the bond resolution, within the limitations provided in this chapter.
9 Del. C. § 1338 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1338
§ Â
        1338. Coordination with school boards.
Status: in_force

In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of the respective districts in which the crossing guards shall be employed.
9 Del. C. § 2659 — Delaware Code / Title 9 / Chapter 26 / Subchapter II / Section 2659
§ Â
        2659. Legal status of comprehensive plan.
Status: in_force

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

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

(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing at the time of such application. All subdivision or land development applications heretofore or hereafter filed or submitted to New Castle County that do not receive final approval from New Castle County government within 5 years from the date of application shall be subject to the environmental standards contained in Chapter 40, Articles 5 and 10, of the New Castle County Code, as may be amended, and the traffic impact standards contained in Chapter 40, Articles 5 and 11, of the New Castle County Code, as may be amended. This section shall not be construed to extend any time limitations pertaining to the expiration of subdivision or land development applications contained in the New Castle County Code.

(d) All development permits and development orders heretofore or hereafter validly issued or approved by County Council and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans.

(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance was determined.

(f) The County Council may by ordinance provide for the sunsetting of any subdivision or land development plan approvals heretofore or hereafter approved by County Council. However, no such plans shall be subject to sunsetting within the first 5 years of approval of such plans by County Council or the first 5 years after adoption of the County sunsetting ordinance, whichever is later.
9 Del. C. § 2410 — Delaware Code / Title 9 / Chapter 24 / Section 2410
§ Â
        2410. Exemption of bonds from taxation.
Status: in_force

The bonds shall be exempt from all state, county and municipal taxation.
9 Del. C. § 8331 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8331
§ Â
        8331. Horticultural use land.
Status: in_force

Land shall be deemed to be in horticultural use when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse 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. § 6717 — Delaware Code / Title 9 / Chapter 67 / Section 6717
§ Â
        6717. Licensed plumber to connect property with sewers or mains.
Status: in_force

All necessary plumbing work to be done in connecting any property with a county sewer or water main shall be done by a plumber licensed to do business in this State, in a good and workmanlike manner, and with good and proper materials, and shall be subject to the approval of the county government or its designated agent.
9 Del. C. § 9122 — Delaware Code / Title 9 / Chapter 91 / Section 9122
§ Â
        9122. Posting of fee lists.
Status: in_force

Every county officer who keeps a public office shall post in some convenient and conspicuous place therein a printed or written list of the fees prescribed in this part, as they relate to him or her.
9 Del. C. § 1145 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1145
§ Â
        1145. President of the County Council; President pro tempore.
Status: in_force

(a) At the general election on November 8, 1966, and each fourth year thereafter, a President of the County Council shall be elected at large from New Castle County, except that if such first general election is in a nonpresidential election year, then the President of the County Council thus elected shall serve a term of 2 years and thereafter shall be elected each fourth year in a presidential election year. The President of the County Council shall preside over meetings of the County Council and shall have the same rights and duties including the right to vote and speak therein as other members.

(b) The County Council shall elect by majority vote from among its members a President pro tempore of the county government who shall, during the absence of the President or a vacancy in the office, assume its rights and duties.
9 Del. C. § 522 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 522
§ Â
        522. Payment to contractor.
Status: in_force

The county government shall withhold 10 percent of all payments made under the terms of the contracts until final certification by the Department of Transportation that the work has been satisfactorily completed, in compliance with the terms of the contract.
9 Del. C. § 4999 — Delaware Code / Title 9 / Chapter 49 / Subchapter III / Section 4999
§ Â
        4999. 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. § 4627 — Delaware Code / Title 9 / Chapter 46 / Section 4627
§ Â
        4627. Bond resolution vote required.
Status: in_force

The county government shall authorize the issuance of bonds by a “bond resolution” passed by the affirmative vote of at least 3/5 of all its members.
9 Del. C. § 754 — Delaware Code / Title 9 / Chapter 7 / Subchapter IV / Section 754
§ Â
        754. Report of park district tax collections and payment of collected taxes.
Status: in_force

(a) The department of finance or receiver of taxes and county treasurer shall on the first day of each month make a report to the park board of the park district for which he or she is collecting taxes of all taxes collected in the previous month. The report shall show a complete breakdown of taxes collected, such as debt service and such other information as may be required.

(b) The department of finance or receiver of taxes and county treasurer shall, not less than once each calendar month, pay over to the treasurer of said park district all funds collected by him or her for the park district.
9 Del. C. § 6905 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6905
§ Â
        6905. Planning and Zoning Commission; appointment; term and qualifications.
Status: in_force

In order to avail itself of the powers conferred by this subchapter, the county government shall appoint a permanent commission of 5 members which shall be known as the County Planning and Zoning Commission of Sussex County and who shall be the same voting members appointed under § 6803 of this title and its organization, meeting, office of the Commission, Secretary of the Commission, and other personnel shall be the same as in §§ 6804 and 6805 of this title.
9 Del. C. § 8747 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8747
§ Â
        8747. Trial.
Status: in_force

Where property of the defendant has been attached and an affidavit has been filed by the defendant, the Superior Court or the Court of Common Pleas or the justice of the peace (as the case may be), shall proceed to direct an issue to be tried by a jury at the bar of the Superior Court or by a reference to 3 judicious and impartial citizens before the Court of Common Pleas to be appointed by the Court or before the justice of the peace to be appointed by the justice of the peace (as the case may be) for ascertaining whether there is a just demand and the amount thereof, and their verdict or finding shall be final and conclusive.
9 Del. C. § 8705 — Delaware Code / Title 9 / Chapter 87 / Subchapter I / Section 8705
§ Â
        8705. Lien of taxes.
Status: in_force

(a) All taxes assessed against real estate by New Castle County shall continue a lien against such real estate for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the person who was the owner at the time that it was assessed, then the lien shall continue until the tax is collected.

(b) All taxes assessed against real estate by Sussex County shall continue a lien against such real estate for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the person who was the owner at the time that it was assessed, then the lien shall continue until the tax is collected. The lien of taxes shall have priority over all other liens.

(c) The priority of such liens in any of the 3 counties shall be as given in Title 25.

(d) All taxes assessed against real estate by Kent County shall continue a lien against such real estate for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the person who was the owner at the time that it was assessed, then the lien shall continue until the tax is collected. The lien of taxes shall have priority over all other liens.
9 Del. C. § 533 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 533
§ Â
        533. Payment and retirement of bonds and interest.
Status: in_force

Prior to the time of the retirement of the bonds, or any of them, or the time when interest shall become payable thereon, the county government shall make available sufficient funds to cover the retirement of such bonds or the payment of interest thereon.
9 Del. C. § 568 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 568
§ Â
        568. Payment to contractor.
Status: in_force

The county government shall withhold 10 percent of all payments made under the terms of the contracts until final certification by the county engineer that the work has been satisfactorily completed, in compliance with the terms of the contract.
9 Del. C. § 746 — Delaware Code / Title 9 / Chapter 7 / Subchapter III / Section 746
§ Â
        746. Creation of debt.
Status: in_force

No member of the board of any park district, nor any person, whether in the employ of said board or otherwise, shall have power to create any debt, obligation, claim or liability, for or on account of said park district, or the moneys or property of the same, except with the express authority of said board conferred at a meeting thereof and duly recorded in a record of its proceedings.
9 Del. C. § 4630 — Delaware Code / Title 9 / Chapter 46 / Section 4630
§ Â
        4630. Effective date of bond resolution.
Status: in_force

Each bond resolution shall take effect immediately after passage.
9 Del. C. § 558 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 558
§ Â
        558. Place, time and manner of voting; judge of election.
Status: in_force

The election shall be held in the county government room in the county in which the suburban community is situated, and the polls shall be open from 9:00 a.m. to 6:00 p.m. of the day of the election. The voting shall be by printed ballot, which shall give the voter an opportunity clearly to indicate that voter’s consent or objection to the issuance of bonds for the improvements contemplated. The clerk of the peace shall act as judge of the election.
9 Del. C. § 1332 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1332
§ Â
        1332. Functions.
Status: in_force

(a) The Police Department, managed by a Chief of Police, shall perform the following functions;

(1) Organize, administer, supervise and discipline the police force of the County;

(2) Enforce traffic regulations and investigate accidents;

(3) Make legal searches, seizures and arrests, and exercise such legal authority incident thereto;

(4) Maintain and operate lockups for the temporary confinement of prisoners;

(5) Maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully assigned acts; and

(6) Operate and maintain an integrated communications system designed to facilitate the prompt, efficient and effective performance of its function.

(b) The Police Department may perform the following functions:

(1) Provide school crossing guard service in the manner and to the extent authorized by ordinance;

(2) Prepare and maintain a County comprehensive emergency operations plan and other plans as appropriate to provide guidance and direction to units of the County Council, and which are integrated into and coordinated with emergency management plans of the federal government, State and political subdivisions in New Castle County;

(3) Except for those activities and responsibilities which are under the jurisdiction of the State Fire Prevention Commission, operate an emergency medical service for individuals who become unexpectedly ill or incapacitated, to include the provision of advanced life support paramedic services; and

(4) Establish other functions related to public safety, in coordination with the fire, rescue and other emergency service organizations in New Castle County.
9 Del. C. § 2802 — Delaware Code / Title 9 / Chapter 28 / Section 2802
§ Â
        2802. Powers of County.
Status: in_force

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

(1) Plan, construct, acquire by gift, or purchase any water supply system in the White Clay Creek Watershed, and acquire by gift, purchase or the exercise of eminent domain lands or rights in land in connection therewith;

(2) Plan and construct White Clay Creek Water Supply System, including a dam, reservoir and other structures on White Clay Creek above Newark extending into the Commonwealth of Pennsylvania and in connection therewith to acquire by gift or purchase (for money or other considerations), or a combination thereof in the Commonwealth of Pennsylvania and by gift, purchase (for money or other considerations), eminent domain, or a combination thereof in New Castle County, lands or rights in lands;

(3) Plan for and relocate or pay for the planning and relocation of existing roads, bridges, power lines, water mains, telephone lines, sewers and other utilities located within the aforementioned water supply system site which relocation is required by the exercise of the powers in paragraphs (1) and (2) of this section;

(4) Protect, relocate or pay for the protection or relocation of privately owned facilities such as dwellings, buildings, churches, cemeteries, private drives and private water systems and appurtenances located within or immediately adjacent to the site of such water supply system as part of the cost of acquiring land or rights in land whenever the County Council shall determine that such protection or relocation shall be economically justified or in the case of churches, historical buildings, and cemeteries, such relocation shall be in the public interest;

(5) Operate and maintain such water supply system and furnish the services and facilities available therefrom;

(6) Enter into and perform contracts deemed appropriate by the County Council with any public utility company or with any incorporated city or town operating a water treatment and distribution system providing for the use of water from such County water supply system or systems and for the payment to the County of fees for the use or for the availability of use of such water;

(7) Issue bonds to finance in whole or in part the cost of planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any such water supply system; and accept from the State, or the Commonwealth of Pennsylvania, the Delaware River Basin Commission, the federal government or any authorized agency of any of the above, any incorporated town or other local governmental agency or from persons, firms, or corporations, grants, loans or contributions for the planning, construction, acquisition, reconstruction, improvement or extension of any such water supply system and to enter into agreements with such parties with respect to such grants, loans or contributions;

(8) Make payments of taxes or in lieu of taxes levied by townships, counties, or other governmental bodies upon land and improvements owned in the Commonwealth of Pennsylvania, and enter into agreements with respect to said taxes or payments;

(9) Control and distribute within New Castle County the excess water collected or stored in any reservoir on White Clay Creek forming a part of any such County water supply system by releasing it into any stream, river, pond, lake, or water treatment and distribution system and prohibit or permit the use of excess water for such uses, in such amounts, and subject to such rules, regulations and fees as the County Council may from time to time determine; provided however, that the County at no time shall prevent the free flow in White Clay Creek of any and all water which is not excess water unless the right to appropriate, divert or use such nonexcess water shall have been previously legally acquired from the parties entitled thereto by the County. The fees may be based upon such use or uses or upon any combination thereof and the County Council may enter into contracts with municipalities, public water distributing utilities and industries with respect to said rights and fees;

(10) Sell any land acquired under this chapter which the County Council shall at any time determine to be surplus to its needs. Such sale shall be in accordance with § 1521 of this title whether said land is located in this State or in the Commonwealth of Pennsylvania, except that land acquired for the relocation of utilities, facilities or improvements may be conveyed upon such terms, in such way and manner and subject to such conditions and restrictions, if any, as the County may deem fit, to the appropriate governmental agency or persons, firms or corporations;

(11) Exercise full control of and make rules and regulations for access to and use of lands included as part of any water supply system.
9 Del. C. § 8333 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8333
§ Â
        8333. Criteria for agricultural, horticultural, or forestry land use [For application of section, see 83 Del. Laws, c. 384, Ââ3].
Status: in_force

(a) Land is actively devoted to agricultural, horticultural, or forestry use when at least 1 of the following criteria is met:

(1) The use results in $1,000 or more of agricultural, horticultural, or forestry products being produced and sold during the applicable year. For the purposes of this section, “applicable year” means the calendar year immediately before the February 1 that an application is due under § 8334(3) of this title.

(2) The owner of the land filed a Schedule F (Profit or Loss from Farming) form with the United States Department of Treasury, Internal Revenue Service, for the applicable year.

(b) In applying the criteria under this section, all contiguous parcels of land held by identical owners in identical proportions of ownership and in identical legal form of title, are considered as a single unit.
9 Del. C. § 3003 — Delaware Code / Title 9 / Chapter 30 / Section 3003
§ Â
        3003. Land subdivision regulations.
Status: in_force

In order to carry out the provisions of this chapter, the Commission shall adopt and administer regulations in accordance with the following procedures:

(1) Within 1 year from May 4, 1965, the Commission shall propose regulations pursuant to the purposes specified in this chapter, and shall hold at least 1 public meeting, notice of which shall have been given by publication at least 15 days before said meeting in a newspaper of general circulation in the County. Copies of the proposed regulations shall be available to the public without charge at a place or places stated in said notice. Within 120 days after said meeting, the Commission may adopt the regulations as proposed or may make any amendment, change or addition thereto, except that prior to the adoption thereof the same procedures shall be followed;

(2) Prior to the adoption by the Commission of any subsequent amendment, change or addition to said regulations, the same procedures shall be followed;

(3) No regulation adopted by the Commission shall become effective unless and until approved by the County Council.
9 Del. C. § 1522 — Delaware Code / Title 9 / Chapter 15 / Subchapter II / Section 1522
§ Â
        1522. Borrowing money.
Status: in_force

(a) The County Council may, from time to time, authorize the borrowing of money upon the faith and credit of the County by issuing bonds, notes, certificates of indebtedness or any other evidence of debt, not to exceed the sum of $10,000,000 exclusive of indebtedness incurred for the purposes enumerated in subsection (d) of this section.

(b) The evidences of such indebtedness shall be in the form and manner prescribed by the Office of Finance but no such obligation shall bear interest at a greater rate than 5 percent. Such obligations shall not be issued or sold at less than their face value, and shall be issued in series and all such obligations issued at any time within the fiscal year shall constitute a series. No such obligation shall run for more than 20 years. At least 5 percent of the total outstanding obligations issued hereunder shall be retired by lot or paid, in each fiscal year. The obligations shall be signed by the County Executive either in original or by authorized mechanical signature and sealed with the seal of the Clerk of the County Council. The obligations may be issued for general County purposes and the full faith and credit of the County shall be deemed to be pledged for the payment of the principal and interest of such obligations. The obligations shall be made payable at a state or national bank designated by the County. The obligations shall be exempt from all state, county or municipal taxes.

(c) In case of the destruction by fire of any of the public buildings of the County, or of any emergency resulting in great loss to the County by destruction of property or threat thereof, the County Council, by a unanimous vote, may provide for such emergency by temporary loan or loans, anything herein contained to the contrary notwithstanding, until the next ensuing session of the General Assembly.

(d) The debt limit stated in subsection (a) of this section shall not be interpreted to include any bonds, notes or other evidence of indebtedness issued for the purpose of securing funds for use at the New Castle County Airport or; for using financing sanitary districts, the construction or acquisition of sewers or sewerage systems, suburban improvements, or County roads or bridges; or any bonds, notes or other evidence of indebtedness that do not pledge the full faith and credit of the County.
9 Del. C. § 1166 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1166
§ Â
        1166. Election of County Executive and officials of the county governing body.
Status: in_force

(a) County Executives shall serve a term of 4 years and shall be elected in even-numbered and presidential election years.

(b) The officials elected to district 13 shall serve a term of 4 years and shall be elected in even-numbered presidential election years.

(c) All citizens qualified by the Constitution and laws of the State to vote in the County, and who satisfy the requirements for registration prescribed by law, shall be qualified to vote for members of the County Council and for the County Executive.

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

(e) The nomination of persons to be candidates in the general elections for County Executive and officials of the county governing body shall be governed by the election laws of the State.
9 Del. C. § 5208 — Delaware Code / Title 9 / Chapter 52 / Section 5208
§ Â
        5208. Administration of funds.
Status: in_force

All amounts collected pursuant to this chapter shall be paid into the general fund of Kent County and all payments for stormwater maintenance shall be paid out of the general fund of Kent County. Should Kent County fail in any 1 year to collect all of the taxes in the stormwater maintenance district necessary to pay the price for stormwater maintenance in any year, the county government may pay the deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund in anticipation of collection of the stormwater maintenance tax.
9 Del. C. § 3213 — Delaware Code / Title 9 / Chapter 32 / Section 3213
§ Â
        3213. Taxation of leased property in TIF District.
Status: in_force

Whenever the county, as lessor, leases its property within the TIF District, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes or payments in lieu of taxes upon the assessed value of the entire property and not merely the assessed value of the leasehold interest.
9 Del. C. § 916 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 916
§ Â
        916. Unauthorized acts against a service dog; penalties [Transferred].
Status: in_force

Transferred to § 3056F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 8435 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8435
§ Â
        8435. Destruction of canceled bonds and coupons.
Status: in_force

The Director of Finance for New Castle County may destroy any paid off, matured, redeemed, called or canceled bills and coupons issued by New Castle County which he or she deems advisable. The destruction and cremation of bonds and coupons shall be witnessed by the President of the county government and the County Auditor, and said witnesses shall execute a certificate of destruction of said bonds and coupons, which shall be retained by the Director of Finance of New Castle County.
9 Del. C. § 8112 — Delaware Code / Title 9 / Chapter 81 / Subchapter I / Section 8112
§ Â
        8112. Lodging tax.
Status: repealed

(a) New Castle County may impose, by duly enacted ordinance, a local lodging tax of no more than 3% of the rent, in addition to the amount imposed by the State, for any room in a “hotel,” “motel,” “tourist home,” or “short-term rental” as defined in §§ 6101 and 6201 of Title 30, which is located within the unincorporated areas of the county.

(b) [Repealed.]

(c) Sussex County may impose, by duly enacted ordinance, a local lodging tax of no more than 3% of the rent, in addition to the amount imposed by the State, for any room or rooms in a “hotel,” “motel,” “tourist home,” or “short-term rental” as defined in §§ 6101 and 6201 of Title 30, which is located within the unincorporated areas of Sussex County. Any funds realized by Sussex County pursuant to this subsection shall be expended solely within Sussex County, for the capital and operating costs of beach nourishment, waterway dredging, economic development, tourism programs, recreational activities, and water quality and flood control projects. An amount not to exceed 5% of the funds realized from the tax may be used to pay the costs of administering projects funded under this subsection.

(d) Rentals by the Department of Natural Resources and Environmental Control are exempt from the lodging tax established by this section.

(e) Notwithstanding any other provisions in this section, any funds realized by any county under this section may be used for workforce and affordable housing programs within that county.
9 Del. C. § 1315 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1315
§ Â
        1315. Board of License Inspection and Review.
Status: in_force

County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review. The Board of License Inspection and Review shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board may be authorized to provide an appeal procedure whereby any person aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any County license, or by any notice, order or other action as a result of any County inspection affecting him or her directly shall, upon request, be furnished with a written statement of the reasons for the action taken and afforded a hearing thereon by the Board. The ordinance shall further provide that upon such hearing the Board shall hear any evidence which the aggrieved party or the County may desire to offer, shall make findings and render a decision in writing within 90 days of the filing of the appeal, and that the Board may affirm, modify, reverse, vacate or revoke the action from which the appeal was taken to it.
9 Del. C. § 5512 — Delaware Code / Title 9 / Chapter 55 / Section 5512
§ Â
        5512. Construction of chapter.
Status: in_force

This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose stated in § 5502(b) of this title.
9 Del. C. § 519 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 519
§ Â
        519. Contracts for improvements; procedure for awarding.
Status: in_force

(a) The county government shall award a contract or contracts for the required improvements upon a competitive basis pursuant to public advertisement of the intention of the county government to receive sealed proposals for the work on the improvements. In every respect, the letting of the contracts shall follow the practice of the Department of Transportation in letting the Department contracts.

(b) Upon the opening of the sealed proposals, the county government, after consultation with the Department, shall award the contract or contracts. No contract shall be awarded to any other than the lowest bidder except with the unanimous approval of the members of the county government and the recommendation of the Department of Transportation, and if a contract should be awarded to a person other than the lowest bidder, the county government shall state in its minutes the reason or reasons for doing so.

(c) As a condition of the letting of the contracts, the county government shall require the successful bidder or bidders to enter into a bond for the faithful performance of such contract.

(d) The county government shall have the power to reject all bids.
9 Del. C. § 5102 — Delaware Code / Title 9 / Chapter 51 / Section 5102
§ Â
        5102. Levy and collection of light tax.
Status: in_force

(a) The county government, for the purposes of carrying out any contract entered into pursuant to § 5101 of this title, shall levy for the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into, an annual tax based upon the full annual cost of street and highway illumination upon all real property within the boundary lines of the community or village as set forth in the petition provided for by § 5101 of this title, which tax according to the instructions set forth in the petition filed pursuant to § 5101 of this title shall be prorated among the owners of such property or based upon the assessment for county purposes. No such taxes shall be levied against farmland.

(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes.
9 Del. C. § 8610 — Delaware Code / Title 9 / Chapter 86 / Section 8610
§ Â
        8610. Written demand for delinquent taxes in New Castle County [Effective until Aug. 12, 2028].
Status: in_force

(a) The Office of Finance for New Castle County shall on or before December 15 of each year, make at least 1 demand in writing upon every person or corporation liable for the payment of any taxes collectible by the County and due and then remaining unpaid for the payment thereof, stating the amount due and that, if the same are not paid during the month of December, legal proceedings will be instituted for the collection thereof. The failure to give notice shall not constitute a bar to any of the proceedings hereinafter authorized and directed. The notice shall be mailed in a sealed postpaid envelope directed to the last known address of the person or corporation, and the day of the mailing shall be deemed the day of the giving of notice.

(b) The Office of Finance for New Castle County is not required to send the written demand under subsection (a) of this section if the taxpayer has entered a payment plan authorized under § 8604 of this title or any other law.(a) The Office of Finance for New Castle County shall on or before December 15 of each year, make at least 1 demand in writing upon every person or corporation liable for the payment of any taxes collectible by the County and due and then remaining unpaid for the payment thereof, stating the amount due and that, if the same are not paid during the month of December, legal proceedings will be instituted for the collection thereof. The failure to give notice shall not constitute a bar to any of the proceedings hereinafter authorized and directed. The notice shall be mailed in a sealed postpaid envelope directed to the last known address of the person or corporation, and the day of the mailing shall be deemed the day of the giving of notice.

(b) [Repealed.]
9 Del. C. § 9612 — Delaware Code / Title 9 / Chapter 96 / Section 9612
§ Â
        9612. Recorded instrument or certified copy thereof as evidence.
Status: in_force

The record of any instrument of writing, authorized by law to be recorded in the recorder’s office, or a duly certified copy of such record, or the record of forms required by § 9605(b) of this title, shall be evidence.
9 Del. C. § 5502 — Delaware Code / Title 9 / Chapter 55 / Section 5502
§ Â
        5502. Special taxes authorized;  purpose; requirements and restrictions.
Status: in_force

(a) (1) For any purpose stated in paragraph (b)(1) or (2) of this section, the County may:

a. Create a special development district;

b. Levy ad valorem or special taxes; and

c. Issue bonds and other obligations.

(2) For any purpose stated in paragraph (b)(3) of this section, the County may:

a. Create a special development district;

b. Levy ad valorem or special taxes; and

c. Pledge funds under an agreement described in paragraph (b)(3) of this section to secure payment on other obligations.

(3) Before the County may establish a special development district under this chapter, all of the owners of real property in the proposed special development district shall request that the County establish the special development district.

(b) The purpose of the authority granted under subsection (a) of this section is:

(1) To provide financing, refinancing, or reimbursement for the cost of the design, construction, establishment, extension, alteration, maintenance, or acquisition of adequate storm drainage systems, sewers, water systems, roads, bridges, culverts, tunnels, streets, roadways, traffic signals, signage, sidewalks, lighting, parking, parks and recreation facilities, open space, farm land preservation, fire protection facilities, public safety facilities, paramedic facilities, libraries, transit facilities, solid waste facilities, identifying monuments, landscaping of entrances and medians, and other improvements, including infrastructure improvements, as necessary, whether situated within the special development district or outside the special development district if the improvements, including infrastructure improvements, provide service or benefit to the property within the special development district, for the development and utilization of the land, each with respect to any defined geographic region within the County;

(2) To provide financing, refinancing, or reimbursement for the costs associated with tax increment financing undertaken with respect to TIF Districts pursuant to Chapter 54 of this title; and

(3) To pledge under a written agreement the ad valorem or special taxes levied under this chapter to secure the payment, or reimbursement of a payment, of other obligations. Such agreement shall be between the County and the issuing body, and shall run to the benefit of and be enforceable on behalf of any holder, of other obligations.
9 Del. C. § 4120 — Delaware Code / Title 9 / Chapter 41 / Subchapter II / Section 4120
§ Â
        4120. Emergency dispatch center.
Status: in_force

The county government may establish and maintain an emergency dispatch center to be used in connection with fire, ambulance, rescue services, and other emergencies which occur throughout the County.
9 Del. C. § 6902 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6902
§ Â
        6902. Power and jurisdiction of county government.
Status: in_force

(a) The county government may, in accordance with the conditions and procedure specified in this subchapter, regulate the location, height, bulk and size of buildings, parking areas, and other structures, the percentage of lot which may be occupied, the size of yards, courts and other open spaces, the density and distribution of population, the location and uses of buildings, parking areas, and structures for trade, industry, residence, parking, recreation, public activities or other purposes and the uses of land for trade, industry, residence, recreation, public activities, water supply conservation, soil conservation or other similar purposes, in that portion of Sussex County which is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of such city or town, notwithstanding any provision of other titles or chapters of this Code to the contrary. Any real property proposed to be used for an agritourism activity as defined in this title shall be given an expedited review before the County Council.

(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use, or to any land, building, greenhouse or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be devoted to agricultural use if:

(1) The land, building, greenhouse or structure is assessed pursuant to § 8335 of this title;

(2) The land, building, greenhouse or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;

(3) The person who owns, leases or otherwise controls the land, building, greenhouse or structure is required to implement a nutrient management plan or agricultural waste management plan for the same and the land, building, greenhouse or structure itself is devoted to or used in the production for sale of plants and animals useful to man, including but not limited to:

a. Forages and sod crops;

b. Grains and feed crops;

c. Dairy animals and dairy products;

d. Poultry and poultry products;

e. Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals;

f. Bees and apiary products;

g. Fish, hydroponic and aquacultural products;

h. Fur animals; and

i. Trees and forest products;

(4) The land, building, greenhouse or structure is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government; and

(5) The land, building or structure is a farm market or roadside stand provided:

a. The products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with such farm operation; or

b. The products are grown or produced on a local regional farm, and such farm market or roadside stand shall comply with the following provisions:

1. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit requirements as enacted by the local jurisdiction;

2. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local jurisdiction provided that at least 1 parking space shall be provided for each 100 square feet of floor area of the establishment. The area of 1 parking space shall be equivalent to a standard parking stall of 9′ x 18′;

3. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

4. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its zoning ordinances.

(c) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to the agricultural uses of conducting hayrides, horseback riding, guided tours, barn parties and petting zoos.
9 Del. C. § 3316 — Delaware Code / Title 9 / Chapter 33 / Section 3316
§ Â
        3316. Limitation on ad valorem or special taxes within Special Development District.
Status: in_force

The levy of an ad valorem or special tax pursuant to § 3302(a)(2) or § 3313(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § 8101(e) of this title owner or leased by a public utility as defined in § 102(2) of Title 26.
9 Del. C. § 1335 — Delaware Code / Title 9 / Chapter 13 / Subchapter II / Section 1335
§ Â
        1335. Fire prevention outside of incorporated towns.
Status: in_force

The County Council of New Castle County may make provisions for the prevention and extinguishment of fires in New Castle County outside of the corporate limits of any incorporated city or town, and for such purpose enter into contracts with any fire company authorized by the State Fire Prevention Commission for the supplying of water, property and services necessary or incident to the prevention and extinguishment of such fires including the services of any incorporated fire company operating and maintaining apparatus for the extinguishment of fires within New Castle County.
9 Del. C. § 4720 — Delaware Code / Title 9 / Chapter 47 / Subchapter II / Section 4720
§ Â
        4720. Definitions.
Status: in_force

As used in this subchapter:

(1) “Garbage” means residential garbage and trash to the exclusion of commercial and industrial refuse.

(2) “Garbage collection district” means an area in Kent County outside of the limits of any incorporated municipality, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical garbage collection pursuant to the procedures of this subchapter.

(3) “Garbage collection unit” means each improved parcel of real estate located within the boundaries of a garbage collection district and either used or intended for residential purposes.
9 Del. C. § 5508 — Delaware Code / Title 9 / Chapter 55 / Section 5508
§ Â
        5508. Taxation of bonds.
Status: in_force

The principal amount of the bonds, the interest payable on the bonds, their transfer and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, shall be exempt from taxation by the State and by the counties and municipalities of the State.
9 Del. C. § 6103 — Delaware Code / Title 9 / Chapter 61 / Section 6103
§ Â
        6103. Surplus funds; investment of.
Status: in_force

The county government may invest any surplus moneys in the County Treasury, not otherwise appropriated, in United States Government Bonds. The Bonds shall be purchased and held in the name of “the Sussex County government.”
9 Del. C. § 561 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 561
§ Â
        561. Notification to county engineer if bond issue authorized.
Status: in_force

If the certificate of the judge of election reveals that a majority of the votes cast at the election is in favor of the issuance of bonds by the county government to cover the cost of the improvement or improvements contemplated, the county government shall promptly so notify, in writing, the county engineer.
9 Del. C. § 5201 — Delaware Code / Title 9 / Chapter 52 / Section 5201
§ Â
        5201. Definitions.
Status: in_force

As used in this chapter:

(1) “Stormwater maintenance district” means an area in Kent County, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical stormwater maintenance pursuant to the procedures of this chapter.

(2) “Stormwater management” means:

a. For water quantity control, a system of vegetative, structural, and other measures that controls the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and

b. For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.
9 Del. C. § 9619 — Delaware Code / Title 9 / Chapter 96 / Section 9619
§ Â
        9619. Fees in Kent County.
Status: in_force

The fees of the Recorder of Deeds in Kent County shall be established by ordinance.