reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter II. The Quality of Life Act › § 2653. Scope of subchapter.

§ 2653. Scope of subchapter.
(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.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  4;  71 Del. Laws, c. 401, §  15;  72 Del. Laws, c. 122, §§  1, 2;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter II. The Quality of Life Act › § 2655. Local planning agency.

§ 2655. Local planning agency.
(a) The governing body of each County Council shall designate and by ordinance establish a “local planning agency.” The governing body may designate itself as the local planning agency pursuant to this subsection. The local planning agency shall prepare the comprehensive plan after meetings to be held after due public notice and shall make recommendations regarding the adoption of such plan or element or portion thereof. The agency may be a local planning commission, the Department of Land Use of the County Council or other instrumentality, including a countywide planning entity established by special act or council of local government officials, provided the composition of the council is fairly representative of all the governing bodies in the County.
(b) The governing body or bodies shall appropriate funds for salaries, fees and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purpose and activities authorized by this subchapter, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources; however, acceptance of loans must be approved by the governing bodies involved.
(c) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:
(1) Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations regarding the adoption of such plan or element or portion thereof consistent with existing county laws or regulations. During the preparation of the plan, and prior to any recommendation for adoption, the local planning agency shall hold at least 1 public hearing or public meeting on the proposed plan or element or portion thereof. The local planning agency may designate any agency, committee, department or person to prepare, revise, monitor and oversee the effectiveness and status of the comprehensive plan or any element thereof. Prior to adoption of the proposed comprehensive plan, the governing body shall hold at least 1 public hearing, with due public notice, on the proposed plan or element thereof. Final recommendation of the adoption of such plan to the governing body shall be in accordance with existing county procedures, or absent such procedures, shall be the responsibility of the local planning agency.
(2) Review proposed land development regulations, land development codes or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan.
(3) Perform any other functions, duties and responsibilities assigned to it by the governing body or special law.
66 Del. Laws, c. 207, §  1;  71 Del. Laws, c. 401, §§  15, 85;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter II. The Quality of Life Act › § 2657. State responsibilities to local planning agencies.

§ 2657. State responsibilities to local planning agencies.
(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data or information is currently available or readily accessible to the County within budgetary limitations.
(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, State land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the county's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the county to prepare the plan elements required by § 2656 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §§  15, 16;  74 Del. Laws, c. 186, §  4;  78 Del. Laws, c. 92, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter II. The Quality of Life Act › § 2660. County comprehensive plan.

§ 2660. County comprehensive plan.
(a) The County shall submit a final comprehensive plan for submission to the Cabinet Committee on State Planning Issues no later than 5 years after the adoption of the current plan; provided, however, that the County may request an extension of such date by forwarding a written request to the Cabinet Committee at least 90 days prior to the deadline. The basis for the request shall be clearly indicated. The decision whether to grant a request an extension, and the duration of such extension, shall be at the discretion of the Cabinet Committee. Upon completion of the comment period set forth in this subchapter, the County shall solicit public comment and adopt a comprehensive plan for zoning, subdivision and other land use decisions. Such plan shall be updated every 10 years thereafter.
(b) Once the County Council shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so.
(c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues and opportunities.
(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review and certification pursuant to § 9103 of Title 29.
(e) Within 18 months of the date of adoption of the county comprehensive plan or revisions thereof, New Castle County shall amend its official zoning map or maps to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County's zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
66 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 270, §§  15, 20, 21;  71 Del. Laws, c. 401, §  15;  73 Del. Laws, c. 186, §  2;  74 Del. Laws, c. 186, §§  3, 7;  78 Del. Laws, c. 92, §§  7, 8;  78 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter II. The Quality of Life Act › § 2662. Highway capacity.

§ 2662. Highway capacity.
The County Council shall not approve any proposed change in the zoning classification for land (i.e., any “rezoning request”) without first complying with either the procedures contained in paragraphs (1)a. through (1)d. of this section or the procedures contained in paragraphs (2)a. through (2)c. of this section:
(1) a. As soon as possible, but in any event no later than June 30, 1988, the County Council, through its designated planning agency, shall establish an agreement with the Department of Transportation to provide a procedure for analysis by the Department of Transportation of the effects on traffic of each rezoning application.
b. Each agreement under paragraph (1)a. of this section shall be approved by a resolution or ordinance, consistent with County procedures, and shall establish traffic level of service suitable to the County and the Department of Transportation.
c. The purpose of the agreement under paragraph (1)a. of this section shall be to ensure that traffic analyses are conducted as part of the zoning reclassification process within the County.
d. The agreement under paragraph (1)a. of this section shall provide for the review of traffic impacts according to nationally recognized traffic criteria and shall, at a minimum, consider the effects of existing traffic, projected traffic growth in areas surrounding a proposed zoning reclassification, and the projected traffic generated by the proposed site development for which the zoning reclassification is sought.
(2) a. The County Council, through its local planning agency, shall establish an agreement with the Department of Transportation to designate a Complete Community Enterprise District as described in §§ 2103 and 2104 of Title 2.
b. The local planning agency shall hold at least 1 public hearing on the proposed agreement created under paragraph (2)a. of this section and public comment must be permitted at the public hearing.
c. The local planning agency shall provide due public notice of the public hearing required by paragraph (2)b. of this section at least twice, the first notice at least 60 days prior to the public hearing and the second notice at least 30 days prior to the public hearing.
66 Del. Laws, c. 217, §  1;  70 Del. Laws, c. 270, §  15;  71 Del. Laws, c. 401, §  15;  80 Del. Laws, c. 224, § 2;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter III. Citizens Bill of Rights Act › § 2699. Court review of land use actions; limitations on liability of individuals and associations.

§ 2699. Court review of land use actions; limitations on liability of individuals and associations.
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.
66 Del. Laws, Sp. Sess., c. 200,, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2801. Definitions.

§ 2801. Definitions.
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. 1953, §  2801;  54 Del. Laws, c. 233;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2804. Authorized signatures on bonds, validity of issuance.

§ 2804. Authorized signatures on bonds, validity of issuance.
(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the County.
(b) The validity of the bonds shall not be dependent on, nor affected by the validity or regularity of any proceedings relating to the planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of the water supply system for which the bonds are issued. The resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
9 Del. C. 1953, §  2804;  54 Del. Laws, c. 233.;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2805. Payment of bonds; faith and credit of County; tax levy.

§ 2805. Payment of bonds; faith and credit of County; tax levy.
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. 1953, §  2805;  54 Del. Laws, c. 233;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2806. Fees; contracts for use of water.

§ 2806. Fees; contracts for use of water.
(a) The County Council may establish and from time to time revise fees. The fees may be based upon the right to use a specified amount of water, or upon its actual use or upon any combination thereof. It shall be the policy in determining fees to be charged or provided for in contracts entered into under this chapter to collect sufficient moneys to pay the principal and interest of all bonds issued hereunder plus the cost of operation, maintenance and administration of the water supply system. Upon retirement of all bonds the rates shall be revised consistent with the reduced costs. The fees charged shall be fees which shall be determined by the County Council to be equitable, giving full consideration to values, such as lands or other rights granted to the County.
(b) The County Council may enter into long-term contracts for the rights to use such water. Such contracts may provide equitable means for the voluntary sale of such rights and, in the case of rights for which the contractor does not have plant facilities to use, their involuntary sale upon order of the County Council to release such rights to parties prepared to use them.
(c) The County Council may, in contracting for such rights, establish emergency priorities in the use of such water.
(d) The County Council may establish discounts for prompt payment of fees and penalties not to exceed 1% a month for late payment. The County Council shall provide that failure to pay such fees within a period not to exceed 1 year from the due date shall result in cancellation of the contract. Unpaid fees shall constitute liens against the property of the contractor as of the date of cancellation of the contract. The County Council may collect such fees by civil suit on the contract or by sale of the property for the lien.
(e) The fees established under this chapter shall not be subject to approval of the Public Service Commission.
9 Del. C. 1953, §  2806;  54 Del. Laws, c. 233;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2807. Condemnation under right of eminent domain.

§ 2807. Condemnation under right of eminent domain.
(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. 1953, §  2807;  54 Del. Laws, c. 233;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2808. Title of property.

§ 2808. Title of property.
(a) Property in this State acquired by the County for the purpose of this chapter shall be held in the name of the “State of Delaware for the use of New Castle County.”
(b) Property outside of this State acquired by the County for the purposes of this chapter shall be held in the name of “The County Council of New Castle County, Delaware.”
9 Del. C. 1953, §  2808;  54 Del. Laws, c. 233;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 28. WATER SUPPLY › § 2809. Penalties; enforcement.

§ 2809. Penalties; enforcement.
(a) Any violation of the rules and regulations established under this chapter shall be punished by a fine of not less than $25 nor more than $100. Each day of a continuing violation shall be a separate offense.
(b) In addition to the above remedy, the County may apply to the Court of Chancery for injunctive relief to prevent continuation of such violations.
(c) In the case of violation of contracts or agreements under this chapter, the County may sue for civil damages and also apply for temporary or permanent injunctions to halt violations.
9 Del. C. 1953, §  2809;  54 Del. Laws, c. 233.;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2901. Definitions.

§ 2901. Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “Administrative tribunal” shall mean a show cause hearing before the Code Official for New Castle County.
(2) “Building” shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. The word “building” shall be construed to include parts thereof and all equipment therein.
(3) “County Council” shall mean the County Council for New Castle County.
(4) “Department of Land Use” shall mean the New Castle County Department of Land Use.
(5) “Person responsible” shall mean the owner and any other person or persons who have control over the property or are responsible for the violation.
(6) “Property” shall mean a lot, plot or parcel of land, including any structures thereon.
(7) “Structure” shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2902. Promulgation of property maintenance code.

§ 2902. Promulgation of property maintenance code.
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.
75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2903. Department of Land Use; administration and enforcement.

§ 2903. Department of Land Use; administration and enforcement.
The Department of Land Use shall have the power and authority to administer and enforce all provisions of the New Castle County Property Maintenance Code as promulgated by the County Council except as otherwise provided for by this chapter or by rule or regulation adopted by County Council.
75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2904. Removal of weeds, grasses, refuse, rubbish, trash or other waste material.

§ 2904. Removal of weeds, grasses, refuse, rubbish, trash or other waste material.
No person shall permit weeds or grass to grow, or refuse, rubbish, trash or other waste material to be placed or to accumulate upon, land or improved premises so as to create a nuisance detrimental to adjoining properties or the health or safety of other persons.
9 Del. C. 1953, §  2901;  55 Del. Laws, c. 279;  71 Del. Laws, c. 401, §  15;  75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2905. Fees.

§ 2905. Fees.
The County Council may adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement of the New Castle County Property Maintenance Code, including fees for the inspection and reinspection of properties for which a notice of violation has been duly issued.
75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2906. Violation of regulations or chapter; notices and orders.

§ 2906. Violation of regulations or chapter; notices and orders.
(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.
75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2907. Abatement; creation of tax lien.

§ 2907. Abatement; creation of tax lien.
(a) If after due notice, either actual or constructive, is given by the Department of Land Use to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative tribunal or a court of competent jurisdiction, such person fails to comply with the notice or order and the illegal action or condition continues to exist, the Department of Land Use may cause such violation to be removed, corrected, abated or otherwise made safe and sanitary. The Department of Land Use may incur any expense of razing, demolishing, removing or repairing unsafe or illegal buildings and structures, and may incur any expense necessary or incidental to abating violations of the New Castle Property Maintenance Code or other provisions of the New Castle County Code that constitute a threat to the public health, safety or welfare or to provide for the sanitary condition, safety, or security of the property, structure or building.
(b) All expenses incurred by the Department of Land Use pursuant to this section shall be a tax lien on the parcel of real property that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Department of Land Use, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected.
(c) Any unpaid fine or civil penalty associated with violation of the New Castle Property Maintenance Code or any other provision of the New Castle County Code that provides for the sanitary condition, safety, or security of a property, structure or building, such fine or civil penalty being final and non-appealable, may be added to local property tax billings for the property which was the subject of said notice or order and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected.
(d) New Castle County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Land Use for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings pursuant to a writ of monition.
75 Del. Laws, c. 212, §  6;  81 Del. Laws, c. 162, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2908. Penalties.

§ 2908. Penalties.
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. 1953, §  2902;  55 Del. Laws, c. 279;  71 Del. Laws, c. 401, §  15;  75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2909. Additional remedies.

§ 2909. Additional remedies.
The imposition of the penalties or enforcement prescribed in this chapter or by the rules or requirements as promulgated by the county council shall not preclude the Attorney General, county attorney or code enforcement constable from instituting appropriate actions or proceedings to prevent, enjoin or abate any continuing violation of this chapter.
75 Del. Laws, c. 212, §  6;
2023 Delaware Code › Title 9 - Counties › Chapter 29. PROPERTY MAINTENANCE › § 2910. Exceptions.

§ 2910. Exceptions.
This chapter does not apply to a property, building, or structure located within a municipality unless New Castle County has any responsibility for the local service function under § 1102 of this title.
75 Del. Laws, c. 212, §  6;  83 Del. Laws, c. 7, § 8;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3001. Definitions.

§ 3001. Definitions.
As used in this chapter, unless otherwise expressly stated:
(1) “Commission” means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department of Land Use in all other sections.
(2) “County” means New Castle County.
(3) “District” means Regional Planning District of New Castle County, which comprises all that portion of the County not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town.
(4) “Plan” means the map, plat, or other document verbally or graphically illustrating or describing a plan of subdivision or land development.
(5) “Recorder of Deeds” means Recorder of Deeds in and for New Castle County.
(6) “Regulations” means land subdivision regulations.
(7) “Structure” means any man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
(8) “Subdivide” means the subdivision of land as defined in paragraph (10) of this section, or any act directed toward the present or future subdivision of land.
(9) “Subdivider” means any person, or agent thereof, who undertakes the subdivision of land; or any successor to the rights of said person in said land.
(10) “Subdivision” means:
a. The division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plan or plat or a description by metes and bounds, into 2 or more lots, tracts, parcels or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership or of building development, exempting, however, the division of land for agricultural purposes into parcels of more than 10 acres not involving any new streets or easements of access, divisions of property by testamentary or intestate provisions, or divisions of property upon court order;
b. The division or allocation of land for the opening, widening or extension of any street or streets, or the division or allocation of land as open spaces for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance of public sewer, water supply, storm drainage or other public facilities.
9 Del. C. 1953, §  3001;  55 Del. Laws, c. 49;  60 Del. Laws, c. 468, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  89;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3002. Power to regulate.

§ 3002. Power to regulate.
In order to provide for the orderly growth and development of the County, to promote the health, safety, prosperity, and the general welfare of the present and future inhabitants of the County, to insure the conservation of property values and natural resources, including the protection of the County's agricultural lands, water resources, and industrial potential, and to afford adequate provisions for public utilities, water supply, drainage, sanitation, vehicular access, educational and recreational facilities, parkland and open space, among other and related activities, the Commission may regulate the subdivision of all land in the County not within the corporate limits of any city or town.
9 Del. C. 1953, §  3002;  55 Del. Laws, c. 49.;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3003. Land subdivision regulations.

§ 3003. Land subdivision regulations.
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. 1953, §  3003;  55 Del. Laws, c. 49;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3004. Content of land subdivision regulations.

§ 3004. Content of land subdivision regulations.
Any regulations adopted and approved under this chapter shall include, but not be limited to, the following provisions:
(1) Varying procedures for insuring the processing of land subdivision plans, within a reasonable period of time, relative to the number of lots or parcels and the extent of improvements required;
(2) Procedures for insuring that the arrangement of the lots or parcels of land or improvements thereon shall conform to the existing zoning at the time of recordation and that streets, or rights-of-way, bordering or within subdivided land shall be of such widths and grades and in such locations as may be deemed necessary to accommodate prospective traffic, that adequate easements or rights-of-way shall be provided for drainage and utilities, that reservations of areas designed for their use as public grounds shall be of suitable size and location for their designated uses, that sufficient and suitable monuments shall be required, that land which might constitute a menace to safety, health or general welfare shall be made safe for the purpose for which it is subdivided, and that adequate provision for water supply is made;
(3) Procedures for encouraging and promoting flexibility and ingenuity in the layout and design of subdivisions and land development, and for encouraging practices which are in accordance with contemporary and evolving principles of site planning and development.
9 Del. C. 1953, §  3004;  55 Del. Laws, c. 49.;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3006. Selling before approval; penalty; civil suits.

§ 3006. Selling before approval; penalty; civil suits.
(a) No street, sanitary sewer, storm sewer, water main, or other improvements shall be constructed, opened, or dedicated for public use or for the common use of occupants of buildings abutting thereon, and no part of any land which has been subdivided after the adoption of regulations under this chapter, shall be sold, transferred or conveyed, except pursuant to an approval received for the land subdivision in accordance with the regulations adopted under this chapter.
(b) Whoever violates subsection (a) of this section shall upon conviction thereof be fined not more than $200 or imprisoned not more than 30 days, or both. Each lot or parcel so transferred or sold and each improvement so constructed, opened or dedicated shall be deemed a separate violation, and each and every day during which such violation continues shall be deemed a separate violation. The Superior Court shall have exclusive jurisdiction of offenses under this section.
(c) The County Council, or any owner of real estate affected by such violation, may, in addition to utilizing other remedies provided by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or otherwise correct such violation.
9 Del. C. 1953, §  3006;  55 Del. Laws, c. 49;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3007. Recording unapproved plans; penalty.

§ 3007. Recording unapproved plans; penalty.
(a) The Recorder of Deeds within the County shall not receive for filing any plan of land showing an arrangement of lots or parcels of lands, streets, easements or rights-of-way unless and until said plan shall have been submitted to, and approved by, the Commission and the County Council pursuant to the regulations adopted under this chapter, and until each such approval shall have been endorsed in writing on said plan by the Chairperson or the Executive Director of the Commission and the County Council by the President.
(b) Any plan received by the Recorder of Deeds for filing or recording without the approval of the Commission and the County Council endorsed thereon, shall be null and void and without legal effect and shall upon application of the Commission or the County Council, to the Superior Court, be expunged from the records of the Recorder of Deeds.
(c) Whoever causes any plan to be filed or recorded contrary to the provisions of this chapter shall be fined not less than $100 and not more than $500. The Superior Court shall have exclusive original jurisdiction of offenses under this section.
9 Del. C. 1953, §  3007;  55 Del. Laws, c. 49;  60 Del. Laws, c. 468, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3008. Improvements private until dedicated.

§ 3008. Improvements private until dedicated.
The approval of a plan by the Commission and by the County Council shall, when recorded, be deemed and taken as acceptance of the intended dedication of the streets, grounds or other improvements appearing thereon to the public use by appropriate governmental body or agency. The approval of a plan shall not impose any duty or obligation upon the County Council or any other public agency to improve, repair, or maintain the streets, grounds or other improvements appearing on the plan. The Commission may adopt and the County Council may approve such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation or by an appropriate public agency.
9 Del. C. 1953, §  3008;  55 Del. Laws, c. 49;  70 Del. Laws, c. 255, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3009. Approved plan to be recorded.

§ 3009. Approved plan to be recorded.
The subdivider shall, within 120 days after the approval of a plan, record such plan in the office of the Recorder of Deeds. If such plan is not recorded within said time, the approval shall expire.
9 Del. C. 1953, §  3009;  55 Del. Laws, c. 49.;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3010. Schedule of fees.

§ 3010. Schedule of fees.
The Commission shall establish a uniform schedule of fees to be paid by the subdivider and to be proportioned to the cost of processing a subdivision submitted for review and approval of the Commission. No schedule established by the Commission shall become effective unless and until approved by the County Council.
9 Del. C. 1953, §  3010;  55 Del. Laws, c. 49;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3011. Effect of approved plan on official map.

§ 3011. Effect of approved plan on official map.
After a plan has been approved and recorded as provided under this chapter, all public streets and public grounds on such plan shall be, and become, a part of the official map of the County without public hearing.
9 Del. C. 1953, §  3011;  55 Del. Laws, c. 49.;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3012. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.

§ 3012. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.
With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases residential density, the County Council shall notify the local school district for the area at least 7 days prior to any such approval process.
66 Del. Laws, Sp. Sess., c. 195,, §  2;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 30. SUBDIVISION AND LAND DEVELOPMENT › § 3013. Effect of open space acquisition.

§ 3013. Effect of open space acquisition.
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.
72 Del. Laws, 1st Sp. Sess., c. 258,, §  118;
2023 Delaware Code › Title 9 - Counties › Chapter 32. NEW CASTLE COUNTY TAX INCREMENT FINANCING ACT › § 3202. Definitions.

§ 3202. Definitions.
As used in this chapter:
(1) “Act” means the New Castle County Tax Increment Financing Act.
(2) “Adjusted assessed value” means:
a. For real property that qualifies for an agricultural, horticultural or forest use under § 8329 of this title, the assessed value of the property without regard to its agricultural, horticultural or forest use assessment as of January 1 of the calendar year in which the resolution creating the tax increment financing (TIF) District under § 3206 of this title becomes effective; or
b. In the event the county grants an exemption from taxes, the original assessed value less the assessed value of property granted an exemption.
(3) “Assessed value” means the total assessed value of all real property in a TIF District subject to taxation as determined by the Assessor, with any adjustment pursuant to paragraph (2) of this section taken into account.
(4) “Assessor” shall mean the General Manager of the New Castle County Department of Land Use or designee.
(5) “Bonds” or “bond” means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by New Castle County pursuant to and in accordance with this chapter.
(6) “Chief financial officer” means New Castle County Chief Financial Official or designee.
(7) “County” or “county” means New Castle County.
(8) “County council” means New Castle County Council or designee.
(9) “County executive” means the County Executive for New Castle County or designee.
(10) “Development” means redevelopment, revitalization or renovation.
(l1) “Issuer” or “issuer” means New Castle County when it acts to issue bonds or to any other taxing body when it issues bonds.
(12) “Original assessed value” means the assessed value as of January 1 of the calendar year in which the resolution creating the TIF District under § 3206(1) of this title becomes effective.
(13) “Tax increment” means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value.
(14) “Tax year” means the fiscal year for the county.
(15) “TIF District” means an area designated by a resolution described in § 3206(1) of this title.
76 Del. Laws, c. 187, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 32. NEW CASTLE COUNTY TAX INCREMENT FINANCING ACT › § 3203. Bonds to finance development of industrial, commercial or residential area authorized.

§ 3203. Bonds to finance development of industrial, commercial or residential area authorized.
In addition to whatever other powers it may have, and notwithstanding any limitation of law, the county may borrow money by issuing and selling bonds, at any time and from time to time, for the purpose of financing the development of an industrial, commercial or residential area. The issuance of general obligation bonds pursuant to this chapter shall comply with any debt limits otherwise applicable to the county.
76 Del. Laws, c. 187, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 32. NEW CASTLE COUNTY TAX INCREMENT FINANCING ACT › § 3204. Payment of bonds.

§ 3204. Payment of bonds.
Bonds shall be payable from the special fund described in this chapter, and county council may grant a security interest in such fund to secure such payment, it may also pledge its full faith and credit or establish sinking funds, establish debt service reserve funds, or pledge other assets and revenues towards the payment of the principal, premium, if any, and interest, including special taxes levied and collected pursuant to Chapter 33 of this title.
76 Del. Laws, c. 187, §  1;