reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 310. Parking spaces for use by persons with disabilities.

§ 310. Parking spaces for use by persons with disabilities.
(a) The county government of each of the 3 Delaware counties shall, on or before January 1, 2004, and the municipal government of each incorporated municipality within each county shall, on or before March 1, 2004, adopt regulations or ordinances regarding the duty of individuals and artificial entities to erect and maintain signage on parking spaces or zones for use by persons with disabilities.
(b) The signage regulations or ordinances adopted pursuant to subsection (a) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to erect and maintain signage, but has failed to do so. If, after 30 days from the date that a warning is issued, the individual or artificial entity has not erected and/or maintained the required signage, the enforcement officer may issue a summons or apply for a warrant in the name of the offending individual or artificial entity.
(c) A municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality's adopted regulations or ordinances may not be less restrictive than those of the county.
74 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 311. Insurance and workmen's compensation for county employees.

§ 311. Insurance and workmen's compensation for county employees.
(a) The county governments of Kent County, of New Castle County and of Sussex County may enter into contracts with some reliable insurance company or companies doing business in the State to insure the employees or appointed officers of the counties against injury or death incurred by such employees or appointed officers while performing their duties as employees or appointed officers of the counties.
(b) The county governments of Kent County, of New Castle County and of Sussex County may at any time elect to be bound by the compensatory provisions of the Delaware Workmen's Compensation Laws, and the county governments shall be the sole judges of the kind of insurance and the amount thereof which will best execute the purposes and provisions of this section.
36 Del. Laws, c. 118;  37 Del. Laws, c. 100;  Code 1935, §  1253;  9 Del. C. 1953, §  351;  55 Del. Laws, c. 85, §  3K;  57 Del. Laws, c. 762, §  2N;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 312. Continuance of system of personnel administration.

§ 312. Continuance of system of personnel administration.
If any county government has adopted or shall adopt a system of personnel administration based on individual merit, said system shall be regarded as repealing any provisions of this title which may be inconsistent therewith.
9 Del. C. 1953, §  352;  56 Del. Laws, c. 471;  57 Del. Laws, c. 762, §  2O;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 313. Use of mobile homes on farms.

§ 313. Use of mobile homes on farms.
Every owner of a farm of less than 50 acres shall be permitted to have 1 mobile home located on said farm and every owner of a farm of 50 acres or more shall be permitted to have 2 mobile homes located on said farm. Such mobile homes shall be used and inhabited by any person or persons so permitted by the owner.
9 Del. C. 1953, §  353;  57 Del. Laws, c. 465;  60 Del. Laws, c. 134, §  1;  60 Del. Laws, c. 672, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 314. Award of contracts for public work or goods.

§ 314. Award of contracts for public work or goods.
(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.
21 Del. Laws, c. 22, §  8;  22 Del. Laws, c. 273, §  5;  26 Del. Laws, c. 83, §  3;  Code 1915, §§  1025, 1048;  Code 1935, §§  1160, 1227;  46 Del. Laws, c. 130, §  1;  9 Del. C. 1953, §  371;  55 Del. Laws, c. 85, §  3G;  57 Del. Laws, c. 762, §  2P;  58 Del. Laws, c. 463;  59 Del. Laws, c. 11, §  1;  62 Del. Laws, c. 16, §  1;  63 Del. Laws, c. 45, §  1;  63 Del. Laws, c. 153, §§  1, 2;  64 Del. Laws, c. 174, §§  1, 2;  71 Del. Laws, c. 401, §  3;  74 Del. Laws, c. 238, §  1;  77 Del. Laws, c. 68, §  1;  84 Del. Laws, c. 105, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 315. Records open to inspection.

§ 315. Records open to inspection.
The accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of the counties shall be open to inspection by any taxpayer of the county in which such accounts, records, documents, papers and writings are located.
38 Del. Laws, c. 71, §  4;  Code 1935, §  1257;  9 Del. C. 1953, §  376;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 316. Fines and forfeitures payable to county; neglect to pay over; penalty.

§ 316. Fines and forfeitures payable to county; neglect to pay over; penalty.
(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.
16 Del. Laws, c. 310, §  1;  Code 1915, §  1078;  Code 1935, §  1244;  9 Del. C. 1953, §  377;  55 Del. Laws, c. 85, §  3H;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 317. Title to real estate owned by county.

§ 317. Title to real estate owned by county.
(a) Title to land acquired by a county shall be taken and held in the name of the county wherein the land is situated. Title to land held by a county as heretofore provided by this section is hereby changed to the name of the county.
(b) Title to county land may be conveyed by the county pursuant to an ordinance, or a resolution where ordinances are not provided for, duly advertised and adopted by the county authorizing the conveyance of the specific land, irrespective of whether title was acquired as heretofore provided by this section.
26 Del. Laws, c. 255, §§  1, 2;  27 Del. Laws, c. 4;  Code 1915, §  1053;  31 Del. Laws, c. 13, §  12;  Code 1935, §  1217;  9 Del. C. 1953, §  378;  59 Del. Laws, c. 366, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 318. Legal proceedings.

§ 318. Legal proceedings.
All suits, actions or proceedings brought by the government of Kent County, in and about the administration of the government of the county, shall be in the name of the government of Kent County. All such suits, actions or proceedings brought by the government of New Castle County or the government of Sussex County shall be brought in the name of the county in which such suit, action or proceedings arise.
Code 1915, §  1080B;  28 Del. Laws, c. 76, §  19;  Code 1935, §  1200;  9 Del. C. 1953, §  379;  55 Del. Laws, c. 85, §  3I;  57 Del. Laws, c. 762, §  2Q;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 319. Review of comprehensive plans.

§ 319. Review of comprehensive plans.
At least every 5 years a county shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the county or in the surrounding areas. The adopted comprehensive plan shall be revised, updated and amended as necessary, and re-adopted at least every 10 years.
78 Del. Laws, c. 129, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 320. Property tax credits for individuals with disabilities.

§ 320. Property tax credits for individuals with disabilities.
(a) The county government of New Castle County shall provide for an exemption to real property taxes for an individual with a disability as follows:
(1) For an individual with a disability, an exemption that at least meets the exemption provided under § 14.06.303 of the New Castle County Code on August 30, 2017.
(2) For an individual with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services, an additional exemption that at least meets the exemption provided under § 14.06.304 of the New Castle County Code on August 30, 2017.
(b) The county government of Kent County shall provide for an exemption to real property taxes for an individual with a disability as follows:
(1) For an individual with a disability, an exemption that at least meets the exemption provided under § 191-9 of the Kent County Code on August 30, 2017.
(2) For an individual with a disability who incurred the disability as a result of and while in the service of any branch of the United States armed services, an additional exemption that at least meets the exemption provided under § 191-9 of the Kent County Code on August 30, 2017, for individuals who incurred their disability as a result of and while in the service of any branch of the United States armed services.
(c) The county government of Sussex County shall provide for an exemption to real property taxes for an individual with a disability that at least meets the exemption provided under § 103-1 of the Sussex County Code on August 30, 2017.
(d) For an individual with a disability to qualify for an exemption to real property taxes under this section, the individual must meet the qualifications established by the county government from which the individual is seeking the exemption.
(e) Each county government may increase or expand exemptions to real property taxes for an individual with a disability.
81 Del. Laws, c. 152, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter I. General Provisions › § 321. Notice of violation; manufactured home community.

§ 321. Notice of violation; manufactured home community.
If a county government finds a violation of a health or safety provision or requirement, adopted by the county government, in a manufactured home community, the county government must send a copy of the notice of the violation to all of the following:
(1) The State Representatives and Senators in whose district the violation occurred.
(2) The Department of Justice.
(3) The Delaware Manufactured Home Relocation Authority.
83 Del. Laws, c. 341, § 8;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 331. Tie vote in election; appointment by Governor.

§ 331. Tie vote in election; appointment by Governor.
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.
21 Del. Laws, c. 22, §  5;  22 Del. Laws, c. 50, §  5;  22 Del. Laws, c. 54, §  5;  Code 1915, §§  1018, 1040, 1049;  28 Del. Laws, c. 76, §  6;  31 Del. Laws, c. 13, §  5;  40 Del. Laws, c. 126, §  6;  Code 1935, §§  1152, 1186, 1196;  9 Del. C. 1953, §  307;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 333. Oath of office.

§ 333. Oath of office.
The oath or affirmation of office to be taken by an elected official of the county governing body may be administered by the clerk of the peace or any such elected official and an entry thereof shall be made in the minutes of the county governing body.
Code 1852, §  65;  Code 1915, §§  1047, 1055;  28 Del. Laws, c. 76, §  3;  31 Del. Laws, c. 13, §  7;  Code 1935, §  1223;  9 Del. C. 1953, §  311;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 334. Organization meeting; election of president.

§ 334. Organization meeting; election of president.
(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.
21 Del. Laws, c. 22, §  5;  22 Del. Laws, c. 50, §  3;  22 Del. Laws, c. 54, §  5;  Code 1915, §§  1015, 1038, 1047;  28 Del. Laws, c. 76, §  3;  31 Del. Laws, c. 13, §  7;  40 Del. Laws, c. 126, §  3;  Code 1935, §§  1149, 1188, 1198;  9 Del. C. 1953, §  312;  71 Del. Laws, c. 401, §§  5, 6;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 336. Special meetings.

§ 336. Special meetings.
(a) Special meetings of any governing body may be held at the direction of its president or any 2 members.
(b) The clerk of the peace shall notify each elected official of a county governing body of any special meeting. In New Castle County the Clerk of Council shall notify all members of County Council of any special meeting.
(c) Special meetings shall be held at the usual place of meeting. Any lawful business may be transacted at a special meeting. In New Castle County special meetings may be held at any public location in New Castle County in accordance with Council rules.
Code 1852, §  69;  16 Del. Laws, c. 315, §  1;  Code 1915, §§  1016, 1047, 1057;  28 Del. Laws, c. 76, §  3;  31 Del. Laws, c. 13, §  7;  40 Del. Laws, c. 126, §  4;  Code 1935, §§  1150, 1222;  9 Del. C. 1953, §  314;  71 Del. Laws, c. 401, §§  7, 8;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 338. Adjournment.

§ 338. Adjournment.
Any governing body may adjourn from time to time as occasion shall require. If only 1 elected official attends at the time fixed for a meeting of the governing body, that elected official may adjourn the governing body. If no elected official attends, the clerk of the peace may adjourn the governing body.
Code 1915, §§  1016, 1047, 1057;  28 Del. Laws, c. 76, §  3;  31 Del. Laws, c. 13, §  7;  40 Del. Laws, c. 126, §  4;  Code 1935, §§  1150, 1220;  9 Del. C. 1953, §  316;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 339. Rules.

§ 339. Rules.
The governing body of each county may make rules for its government not inconsistent with the Constitution and laws of the State.
21 Del. Laws, c. 22, §  5;  22 Del. Laws, c. 50, §  3;  22 Del. Laws, c. 54, §  5;  Code 1915, §§  1015, 1038, 1047;  28 Del. Laws, c. 76, §  3;  31 Del. Laws, c. 13, §  7;  40 Del. Laws, c. 126, §  3;  Code 1935, §§  1149, 1188, 1198;  9 Del. C. 1953, §  317;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 340. Attorneys for governing body.

§ 340. Attorneys for governing body.
The governing body in each county may employ legal counsel.
Code 1915, §  1054;  Code 1935, §  1218;  9 Del. C. 1953, §  318;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 341. Bailiffs to governing body; constables.

§ 341. Bailiffs to governing body; constables.
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.
Code 1852, §  107;  Code 1915, §  1073;  Code 1935, §  1229;  9 Del. C. 1953, §  319;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 342. Fiscal year for counties and county agencies.

§ 342. Fiscal year for counties and county agencies.
(a) The fiscal year of the governing body of each county shall begin on July 1 of each calendar year and end on June 30 of the succeeding calendar year.
(b) All county departments, bureaus, divisions, offices, boards, commissions, and other agencies, supported entirely or in part by the governing body of any county, shall have the same fiscal year as that of the governing body.
45 Del. Laws, c. 119, §§  1, 2;  9 Del. C. 1953, §  320;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 343. Form of accounts and warrants.

§ 343. Form of accounts and warrants.
The governing bodies may prescribe the form in which the several accounts to be rendered to them, shall be drawn and verified, and shall have power to determine the form of all warrants to be drawn in payment of demands.
Code 1852, §  106;  Code 1915, §  1072;  Code 1915, §  1052A;  28 Del. Laws, c. 76, §  9;  31 Del. Laws, c. 13, §  26;  Code 1935, §  1225;  9 Del. C. 1953, §  372;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 344. Rejection and forfeiture of assigned claims.

§ 344. Rejection and forfeiture of assigned claims.
If it appears to the governing body that any demand presented to it for allowance has been assigned or contracted for, the governing body shall reject it and the same shall be forfeited.
Code 1852, §  117;  Code 1915, §  1077;  Code 1935, §  1243;  9 Del. C. 1953, §  373;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 345. Dealing in county warrants by elected officials.

§ 345. Dealing in county warrants by elected officials.
No elected official of a county governing body shall directly or indirectly cash, buy up, purchase or redeem any county warrant drawn in favor of any other person.
22 Del. Laws, c. 273, §  4;  Code 1915, §  1024;  28 Del. Laws, c. 76, §  9;  31 Del. Laws, c. 13, §  19;  Code 1935, §  1221;  9 Del. C. 1953, §  374;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 346. Gifts or rebates; penalty.

§ 346. Gifts or rebates; penalty.
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.
22 Del. Laws, c. 273, §  7;  Code 1915, §§  1027, 1052A;  28 Del. Laws, c. 76, §  9;  Code 1935, §  1228;  9 Del. C. 1953, §  375;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 347. Investigation; power to compel attendance of witnesses and to administer oaths.

§ 347. Investigation; power to compel attendance of witnesses and to administer oaths.
(a) The county government may summon and compel the attendance of any witnesses deemed necessary by the elected officials of the county governing body to give information relative to their duties.
(b) Any such elected official may administer oaths or affirmations to witnesses appearing before the governing body.
Code 1915, §  1073;  28 Del. Laws, c. 76, §  4;  31 Del. Laws, c. 13, §  17;  Code 1935, §§  1229, 1230;  9 Del. C. 1953, §  342;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 348. Annual audit; qualifications and selection of auditors.

§ 348. Annual audit; qualifications and selection of auditors.
(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.
38 Del. Laws, c. 71, §§  1-3;  Code 1935, §§  1254-1256;  9 Del. C. 1953, §  344;  50 Del. Laws, c. 343, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 3. COUNTY GOVERNMENTS GENERALLY › Subchapter II. County Governments › § 349. Public advertising and notices.

§ 349. Public advertising and notices.
Notwithstanding any provision to the contrary, public advertising and notices by any county in the State of any nature may include use of the State's electronic procurement advertising system required by § 6902(11) of Title 29 or other website allowing for the electronic posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of Title 29.
78 Del. Laws, c. 288, §  9;  82 Del. Laws, c. 36, § 1;  83 Del. Laws, c. 65, § 2;  84 Del. Laws, c. 124, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 501. Definitions.

§ 501. Definitions.
As used in this subchapter:
(1) “Clerk of the peace” means the clerk of the peace of the county in which the suburban community is situated.
(2) All references to the “county engineer” shall be construed to mean the General Manager of the Department of Special Services insofar as New Castle County is concerned.
(3) a. “County government” means the county governing body of each county.
b. Whenever the words “county government” are used in this chapter, the words “County Council” shall be substituted regarding New Castle County.
(4) All references to “receiver of taxes” and “county treasurer” and “board of assessment” shall be construed to mean the “department of finance” insofar as Sussex County is concerned and “Office of Finance” insofar as New Castle County is concerned.
(5) a. “Suburban community” means any unincorporated community within this State:
1. Containing at least 5 separate and distinct property owners; provided, that each parcel of land, condominium or other individually owned unit of a multiunit building shall be deemed to have no more than 1 owner for the purposes of this subchapter;
2. In the case of individually owned parcels of land whose streets aggregate a minimum of 500 linear feet of road surface or in the case of condominium or other type of individually owned units of multiunit buildings whose streets aggregate a minimum of 300 feet of road surfacing; and
3. Which, in the opinion of the county government and the State Department of Transportation, is so situated as to form a unit which is reasonably and economically capable of being improved by the laying, repairing or completion of streets, signs, sidewalks and installation of surface drainage and storm sewers.
b. In addition to the foregoing such unincorporated community within this State must:
1. Be located on a highway which is part of the state highway system or will be connected to the state highway system when the projects provided for in this subchapter are complete and which street shall be either maintained by the State upon completion pursuant to the requirements of Title 17 and the rules, regulations or standards adopted pursuant thereto; or
2. Shall be built pursuant to county rules and regulations requiring design and building standards and a means or mechanism to provide for the perpetual maintenance of such suburban community streets as provided herein.
45 Del. Laws, c. 123, §  2;  46 Del. Laws, c. 292, §  1;  9 Del. C. 1953, §  501;  55 Del. Laws, c. 85, §§  4A, 4B;  57 Del. Laws, c. 762, §  3B;  59 Del. Laws, c. 180, §  2;  60 Del. Laws, c. 133, §  1;  64 Del. Laws, c. 357, §  1;  71 Del. Laws, c. 401, §§  9-11;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 502. Bonds; power of county government to issue; terms of; faith and credit of county pledged to payment of bonds.

§ 502. Bonds; power of county government to issue; terms of; faith and credit of county pledged to payment of bonds.
(a) In order to carry out this subchapter, the government of any county of this State may issue bonds in an amount or amounts, and under such terms and conditions, not inconsistent with this subchapter as may be determined by such body.
(b) The bonds shall mature not later than 20 years after the date of issue, shall bear interest at the most advantageous rate attainable by the county government and the income therefrom shall not be subject to state taxation. The bonds shall be issued in the form prescribed by the county government and shall be either registered bonds or bearer with coupons convertible into fully registered bonds, as may be determined by the county government. Debt incurred by the county government pursuant to this subchapter may be represented by uncertificated obligations of the county government which may be authorized in accordance with the same procedures applicable to bonds which are permitted to be issued under this subchapter, and the county government may determine all procedures appropriate to the establishment of a system of issuing uncertificated debt. The bonds may, at the discretion of the county government, be made redeemable at par plus accrued interest on any interest payment date upon terms and conditions to be stated in the bonds.
(c) The full faith and credit of the county is pledged to insure the payment of any bond issue, and all interest thereon, created and sold under this subchapter.
(d) The county government may raise by the levy of taxes upon all the property taxable by the county such moneys, in addition to available moneys held in the sinking fund provided for in § 532 of this title, as are needed to pay the bonds and the interest thereon as the same become due and payable.
45 Del. Laws, c. 123, §§  1, 31;  9 Del. C. 1953, §  502;  49 Del. Laws, c. 356, §  1;  55 Del. Laws, c. 85, §  4A;  58 Del. Laws, c. 45;  63 Del. Laws, c. 142, §  7;  64 Del. Laws, c. 318, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 503. Petition to county government for improvements; who may petition; contents.

§ 503. Petition to county government for improvements; who may petition; contents.
(a) The freeholders of a suburban community owning 50 percent or more of the front footage of property abutting the contemplated improvement or improvements in the suburban community may, at any time, present a petition to the county government that shall:
(1) State that, in the opinion of the signers of the petition, the community would be improved by the laying, repairing or completion of sidewalks or streets, installation of street signs, installation of surface drainage and storm sewers, or any 1 of such improvements; and
(2) Request that the county government proceed in accordance with the provisions of this subchapter to issue bonds to provide the money for the improvements.
(b) Each petition, when presented, shall have attached to it as a part thereof a drawing, which shall be obtained from the Department of Transportation, showing the street layout and the extent of the improvements.
45 Del. Laws, c. 123, §  3;  46 Del. Laws, c. 292, §  2;  48 Del. Laws, c. 90, §  1;  9 Del. C. 1953, §  503;  55 Del. Laws, c. 85, §  4A;  59 Del. Laws, c. 180, §  3;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 504. Survey and plot of community by State Department of Transportation.

§ 504. Survey and plot of community by State Department of Transportation.
Promptly upon the filing of a petition as prescribed in § 503 of this title, the county government shall adopt a resolution requesting the State Department of Transportation to survey and make a plot of the community, which shall show:
(1) The boundaries of the community;
(2) The streets as then existing;
(3) The names, location and post-office addresses of all freeholders in the community, as they appear on the records of the board of assessment of the county in which the suburban community is located; and
(4) The street frontage in feet owned by each freeholder and, in the case of corner properties the street frontage and street sideage in feet owned by each freeholder.
45 Del. Laws, c. 123, §  5;  47 Del. Laws, c. 331, §  1;  9 Del. C. 1953, §  504;  55 Del. Laws, c. 85, §  4A;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 505. Determination by county government after receipt of survey and plot.

§ 505. Determination by county government after receipt of survey and plot.
Within 15 days after receipt by the county government of the survey and plot required by § 504 of this title, the county government shall meet and determine whether the community is a suburban community within the meaning of § 501 of this title.
45 Del. Laws, c. 123, §  4;  46 Del. Laws, c. 292, §  3;  9 Del. C. 1953, §  505;  55 Del. Laws, c. 85, §  4A;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 506. Division of Highways data.

§ 506. Division of Highways data.
(a) Immediately after the determination by the county government and the Division of Highways of the State Department of Transportation (Division) that the community in question meets the requirements of a suburban community specified in § 501(5) of this title, the Division, if such streets are to be maintained by the State, or the county, if such streets are not to be maintained by the State, shall advise the owners of such community of the requirements of that respective governmental agency. The owners shall be required to prepare and submit such surveys, plans, specifications and estimates of the cost of the improvement or improvements planned for such community.
(b) The Division or county may within its discretion prepare such surveys, plans, specifications and estimates as may be required on the owners behalf and may charge such owners reasonable costs for services provided. In no case shall the Division or the county provide or extend other than minimal costs or services to the owners of such community.
(c) In the preparation and submittal of surveys, plans, specifications and estimates of the cost of such improvements, the Division or county shall confer with the regional planning commission or department of planning of the county in which the suburban community is situated, if the county has a regional planning commission or department of planning. In no event shall the width of the right-of-way in such community be less than 10 feet.
45 Del. Laws, c. 123, §  6;  9 Del. C. 1953, §  506;  53 Del. Laws, c. 255;  55 Del. Laws, c. 85, §  4A;  59 Del. Laws, c. 215, §  1;  60 Del. Laws, c. 503, §  22;  64 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 507. Election to authorize bond issue; fixing time for holding.

§ 507. Election to authorize bond issue; fixing time for holding.
(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.
45 Del. Laws, c. 123, §  7;  47 Del. Laws, c. 331, §  2;  9 Del. C. 1953, §  507;  53 Del. Laws, c. 255;  55 Del. Laws, c. 85, §  4A;  58 Del. Laws, c. 44, §§  1, 2;  60 Del. Laws, c. 503, §  22;  60 Del. Laws, c. 609, §  1;  76 Del. Laws, c. 355, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 508. Contents of notice of election.

§ 508. Contents of notice of election.
Thereafter, the election shall be held at such time as may be fixed by the county government and shall be previously advertised by posting a notice, in 4 of the most public places within the community, at least 30 days prior thereto and by publishing a notice in a newspaper published within the county of such community and having a general circulation therein, once in each of 4 weeks preceding the week in which the election is held. Such notice shall state the time and place of the election, and further state that the purpose of the election is to determine whether a majority of the residents of the community and the real property owners are in favor of the issuance of bonds by the county government to cover the cost of the improvement or improvements contemplated. The notice shall also state the total amount of the proposed bond issue and a clear and concise description of each of the improvements contemplated together with the estimated cost of each improvement and the total cost of all improvements and shall include the costs of preliminary engineering and construction inspection as set forth elsewhere in this subchapter.
45 Del. Laws, c. 123, §  8;  47 Del. Laws, c. 331, §  3;  9 Del. C. 1953, §  508;  55 Del. Laws, c. 85, §  4A;  58 Del. Laws, c. 44, §  3;  60 Del. Laws, c. 609, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 509. Place, time and manner of voting; judge of election.

§ 509. Place, time and manner of voting; judge of election.
The election shall be held in the offices of the county governing body 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 the voter's consent or objection to the issuance of bonds for the improvements contemplated. Absentee ballots may be permitted and managed in such a manner as prescribed by the county government. The clerk of the peace shall act as judge of the election.
45 Del. Laws, c. 123, §  9;  9 Del. C. 1953, §  509;  55 Del. Laws, c. 85, §  4A;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 355, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 510. Persons entitled to vote.

§ 510. Persons entitled to vote.
(a) Every citizen who resides in the community in which the election is being held and who would be entitled at the time of the holding of such election to register and vote in any election district of which the community is a part at a general election if such general election were held on the day of such election in the community, and every owner of real property in the community, may vote at such election, whether or not that owner is at the time a registered voter.
(b) Any real property owner who has sold his or her property or properties in the community subsequent to the preparation of the survey and plot made by the Department of Transportation shall not be permitted to vote but the then-owner of the property or properties shall be entitled to vote in the former property owner's place and stead upon furnishing the judge of election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded.
(c) Any person claiming the right to vote at the election as an heir of any real property owner in the community who has died, or as trustee or guardian under the terms of the last will and testament of any such real property owner shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person's ownership of, or interest in, the property of any such real property owner, and shall thereupon be entitled to vote in the place and stead of such deceased real property owner.
(d) Wherever the property of such deceased real property owner in the suburban community is left to joint tenants or tenants in common, the following rules shall prevail:
(1) The vote of any 1 joint tenant or tenant in common shall be received where no other such tenant appears claiming the right to vote;
(2) Where 1 joint tenant or tenant in common votes in opposition to another, the vote shall be cancelled;
(3) A majority of the votes of any such joint tenants or tenants in common shall determine the manner in which the vote shall be cast;
(4) The vote of any life tenant shall be accepted over the person having a reversionary interest in the property in the suburban community.
45 Del. Laws, c. 123, §  9;  9 Del. C. 1953, §  510;  58 Del. Laws, c. 44, §§  4-7;  60 Del. Laws, c. 503, §  22;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 511. Certification of result of election; retention of ballots.

§ 511. Certification of result of election; retention of ballots.
Promptly after the holding of the election, the judge of election shall tabulate the ballots and certify the results to the county government under the judge's hand and seal. The ballots shall be retained in the safekeeping of the county government for 1 year before being destroyed.
45 Del. Laws, c. 123, §  10;  9 Del. C. 1953, §  511;  55 Del. Laws, c. 85, §  4A;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 512. Notification to Director if bond issue authorized.

§ 512. Notification to Director if bond issue authorized.
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 notify, in writing, the Director of the Division of Highways of the Department of Transportation.
45 Del. Laws, c. 123, §  11;  9 Del. C. 1953, §  512;  53 Del. Laws, c. 255;  55 Del. Laws, c. 85, §  4A;  60 Del. Laws, c. 503, §  22;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 513. Bonds; issuance by county government; resolution authorizing issuance and fixing terms of; use of general and other funds to finance construction.

§ 513. Bonds; issuance by county government; resolution authorizing issuance and fixing terms of; use of general and other funds to finance construction.
(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.
45 Del. Laws, c. 123, §  12;  46 Del. Laws, c. 292, §  4;  48 Del. Laws, c. 94, §  1;  9 Del. C. 1953, §  513;  55 Del. Laws, c. 85, §  4A;  60 Del. Laws, c. 609, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS › Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers › § 514. Preparation, form and execution of bonds.

§ 514. Preparation, form and execution of bonds.
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.
45 Del. Laws, c. 123, §  13;  9 Del. c. 1953,, §  514;  55 Del. Laws, c. 85, §  4A;  63 Del. Laws, c. 142, §  8;  64 Del. Laws, c. 318, §  2;