reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4920. Nonconforming uses of land or buildings.

§ 4920. Nonconforming uses of land or buildings.
(a) The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning regulation, or in the case of a change of regulations, then at the time of such change, may, except as hereinafter provided, be continued although such use does not conform with the provisions of such regulations or change, and such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. The county government in any zoning regulations may permit the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations.
(b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County, or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by the County is located.
9 Del. C. 1953, §  4920;  56 Del. Laws, c. 103, §  16;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4921. Appropriations.

§ 4921. Appropriations.
The county government may appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the Zoning Commission and of the Board of Adjustment, and may enforce the zoning regulations and restrictions which are adopted, and may accept grants of money and service for these purposes, and other purposes, in accordance with this chapter, from either private or public sources, state or federal.
9 Del. C. 1953, §  4921;  56 Del. Laws, c. 103, §  16;  58 Del. Laws, c. 340, §  2;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4922. Conflict between zoning regulations and other laws.

§ 4922. Conflict between zoning regulations and other laws.
(a) Whenever any regulations made under authority of this subchapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute or local regulations, the provisions of the regulations made under authority of this subchapter shall govern. Whenever the provisions of any other statute or local regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a lesser number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this subchapter, the provisions of such statute shall govern.
(b) Whenever any other statute shall derogate from this subchapter, unless it be a statute granting powers to the State Planning Office, this subchapter shall govern.
9 Del. C. 1953, §  4922;  56 Del. Laws, c. 103, §  16;  58 Del. Laws, c. 340, §  2;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4923. Residential facilities for persons with disabilities.

§ 4923. Residential facilities for persons with disabilities.
(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.
(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
62 Del. Laws, c. 390, §  2;  74 Del. Laws, c. 149, §§  4-6;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4924. Notice to local school districts of residential zoning changes.

§ 4924. Notice to local school districts of residential zoning changes.
With respect to any proposed residential zoning change, the county government shall notify the local school district for the area at least 7 days prior to the initial hearing upon such residential zoning change.
66 Del. Laws, Sp. Sess., c. 195,, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4925. Changes in zoning.

§ 4925. Changes in zoning.
In the case of a rezoning application the county government shall determine its voting requirement necessary to take action thereon, which shall not be less than a majority of all members elected to Levy Court.
68 Del. Laws, c. 272, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4926. Notice to property owners of zoning changes.

§ 4926. Notice to property owners of zoning changes.
With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government shall notify the owner of the property and all adjacent property owners to the extent and in the manner the county by ordinance so provides as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change.
This act shall become effective for zoning changes initiated after July 13, 2000.
72 Del. Laws, c. 415, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter I. General Provisions › § 4927. Emergency Communication Systems.

§ 4927. Emergency Communication Systems.
The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed buildings of 25,000 square feet of gross floor area or more, shall be designed, constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title.
76 Del. Laws, c. 181, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4951. Short title; intent and purpose.

§ 4951. Short title; intent and purpose.
(a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize and strengthen the existing role, processes and powers of county governments in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of county government can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State and to encourage and assure coordination of planning and development activities of units of county government, municipalities, regional agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4953. Scope of subchapter.

§ 4953. 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 districts, zones or parcels of land to districts, zones or areas designated to receive such development rights. Such regulations may provide for the establishment of development right banking. Whenever a county exercises its authority to provide for the transfer of development rights it shall:
a. Comply with all requirements of this subchapter pertaining to the amendment of a comprehensive plan;
b. Provide for the transfer of development rights as an option to the use and development of the subject property according to the otherwise applicable zoning ordinance;
c. Limit designation of receiving areas to locations where the county has determined that growth should be encouraged and where a transfer of development rights would not result in the inability of either the existing or planned public facilities which serve the area to accommodate such growth;
d. Demonstrate that the creation and regulation of both sending and receiving districts are otherwise consistent with promotion of the policies expressed by the comprehensive plan and statewide planning goals and objectives established pursuant to Chapter 91 of Title 29; and
e. Consider appropriate incentives for the transfer of development rights, including bonuses for the use of transferred development rights and intergovernmental agreements with other counties or municipalities which would permit the transfer and use of development rights between counties and municipalities.
(4) To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of this subchapter.
(b) Each county government shall prepare a comprehensive plan of the type and in the manner set out in this subchapter or amend its existing comprehensive plan to conform to the requirements of this subchapter.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  24;  72 Del. Laws, c. 122, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4955. Local planning agency.

§ 4955. Local planning agency.
(a) The governing body of each county government 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 planning department of the county government 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;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4957. State responsibilities to local planning agencies.

§ 4957. 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 and information is currently available or readily accessible to the County within budgetary limitations.
(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the County's future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the county to prepare the plan elements required by § 4956 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, §§  35, 36;  74 Del. Laws, c. 186, §  9;  78 Del. Laws, c. 92, §  10;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4959. Legal status of comprehensive plan.

§ 4959. Legal status of comprehensive plan.
(a) After a comprehensive plan or element or portion thereof has been adopted by County Council or Levy Court in conformity with this subchapter, the land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with land development regulations enacted to implement the other elements of the adopted comprehensive plan.
(b) Nothing in this subchapter shall serve to invalidate any comprehensive plan, land development regulation, land use, development, development order or development permit which presently exists or which hereafter validly comes into existence prior to the date when full compliance with this subchapter is required.
(c) Any application for a development permit filed or submitted prior to adoption or amendment under this subchapter of a comprehensive plan or element thereof shall be processed under the comprehensive plan, ordinances, standards and procedures existing at the time of such application.
(d) All development permits and development orders heretofore or hereafter validly issued or approved by county government and not thereafter limited, rescinded or restricted shall automatically be incorporated into and become part of the present and all future comprehensive plans, subject to whatever time limitations may otherwise apply to such permits and orders at the time of issuance or approval.
(e) In the event that any comprehensive plan or element required to comply with this subchapter shall be determined as failing to comply herewith, such failure shall not invalidate those elements of the plan which do comply with this subchapter, nor invalidate any previously issued development permit or order that was not specifically and timely challenged in the legal action in which such noncompliance was determined.
66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  35;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4960. County comprehensive plan.

§ 4960. 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 government shall have in place said comprehensive plan, the County shall not be permitted to amend such plan without a simple majority of the entire membership thereof voting to do so.
(c) Within 1 year of the date of adoption of the county plan, the County shall initiate an implementation program regarding subdivision and development controls. The County shall report the status of the implementation program in the monitoring report as required by this subchapter. This report should include progress to date, problems, issues and opportunities.
(d) Subsequent amendments to the county comprehensive plan required by this chapter shall be submitted to the Cabinet Committee on State Planning Issues for review and certification pursuant to § 9103 of Title 29.
(e) Within 18 months of the date of adoption of the county comprehensive plan or revision thereof, Kent County shall amend its official zoning map(s) to rezone all lands in accordance with the uses and intensities of uses provided for in the future land use element for the County. In the event that the comprehensive plan includes provisions governing the rate of growth of particular planning districts or sub-areas of the County, the County's zoning district regulations shall be amended to reflect the timing elements of the comprehensive plan.
66 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 270, §§  35, 40, 41;  73 Del. Laws, c. 186, §  4;  74 Del. Laws, c. 186, §§  8, 12;  78 Del. Laws, c. 92, §§  15, 16;  78 Del. Laws, c. 129, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4961. Information from state and local agencies and school districts.

§ 4961. Information from state and local agencies and school districts.
(a) All subdivision plans approved by the county government shall be filed with the Office of the Recorder of Deeds, and with such other state and local agencies as the County may by ordinance require.
(b) As part of its review of a rezoning or subdivision application, the county government through its designated local planning agency shall request and review information from all state and local agencies and local school districts identified on a list prepared by the County and shall file as part of the record any written information provided by such state and local agencies or local school districts with respect to the rezoning or subdivision application. If the planning agency makes recommendations that are in conflict with the information supplied by state and local agencies or local school districts, it must explain its reasons for doing so in writing.
(c) Any state or local agency or local school district which delivers to the head of county government a written request that it be notified of rezoning and subdivision applications shall be included on the County's list of agencies and school districts from which information shall be requested and reviewed in accordance with subsection (b) of this section.
66 Del. Laws, Sp. Sess., c. 198,, §  1;  70 Del. Laws, c. 270, §  35;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter II. The Quality of Life Act › § 4962. Highway capacity.

§ 4962. Highway capacity.
The county government 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 government, 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 Levy Court, 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, §  35;  80 Del. Laws, c. 224, § 3;
2023 Delaware Code › Title 9 - Counties › Chapter 49. ZONING › Subchapter III. Citizens Bill of Rights Act › § 4999. Court review of land use actions; limitations on liability of individuals and associations.

§ 4999. 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 51. STREET AND HIGHWAY LIGHTING › § 5101. Lighting streets and highways in unincorporated communities and villages; petition.

§ 5101. Lighting streets and highways in unincorporated communities and villages; petition.
Upon the petition of a majority of the real property owners of any unincorporated community or village in Kent County, filed on or before the first Tuesday in any month in any year, the county government may enter into a contract with any electric, gas or other lighting company to light and illuminate the streets or highways running through, bounding and within the community or village, with electric light, gas light, or other illuminant. The petition of the property owners shall set forth the boundary lines of the community to be lighted. The petition shall state whether the light tax levied pursuant to § 5102 of this title shall be prorated among the owners of the property subject to said tax or based upon the assessment for county purposes. Street lights shall be of such candlepower, electric or its equivalent in other illuminating mediums as determined by the county government. The county government may enter into contracts for additional lights or may change the location of any lights theretofore located and may levy and collect additional tax for the payment of the same.
9 Del. C. 1953, §  5101;  57 Del. Laws, c. 458;  58 Del. Laws, c. 26, §§  1, 2;
2023 Delaware Code › Title 9 - Counties › Chapter 51. STREET AND HIGHWAY LIGHTING › § 5102. Levy and collection of light tax.

§ 5102. Levy and collection of light tax.
(a) The county government, for the purposes of carrying out any contract entered into pursuant to § 5101 of this title, shall levy for the installation and maintenance of such lights in any such community with respect to which such a contract has been entered into, an annual tax based upon the full annual cost of street and highway illumination upon all real property within the boundary lines of the community or village as set forth in the petition provided for by § 5101 of this title, which tax according to the instructions set forth in the petition filed pursuant to § 5101 of this title shall be prorated among the owners of such property or based upon the assessment for county purposes. No such taxes shall be levied against farmland.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other county taxes.
9 Del. C. 1953, §  5102;  57 Del. Laws, c. 458;  58 Del. Laws, c. 26, §  3;  66 Del. Laws, c. 324, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 51. STREET AND HIGHWAY LIGHTING › § 5103. Light tax; administration of fund; surplus.

§ 5103. Light tax; administration of fund; surplus.
The Department of Finance shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only upon orders signed by the President of the county government and approved by the Director of Finance. They shall receive no additional compensation for the performance of any duty required of them or any of them under this section. If, after payment of all contracts entered into pursuant to this chapter, there remains a surplus in the light account, the surplus shall be applied to reduce the light tax rate for the succeeding taxable year.
9 Del. C. 1953, §  5103;  57 Del. Laws, c. 458;  80 Del. Laws, c. 209, § 5;
2023 Delaware Code › Title 9 - Counties › Chapter 51. STREET AND HIGHWAY LIGHTING › § 5104. Removal of lights.

§ 5104. Removal of lights.
Lights installed under the provisions of § 5101 of this title shall be removed by the county government or at its direction only upon receipt of a petition signed by a majority of the property owners within the bounds of any lighted community or village requesting such removal.
9 Del. C. 1953, §  5104;  57 Del. Laws, c. 458.;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5201. Definitions.

§ 5201. Definitions.
As used in this chapter:
(1) “Stormwater maintenance district” means an area in Kent County, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical stormwater maintenance pursuant to the procedures of this chapter.
(2) “Stormwater management” means:
a. For water quantity control, a system of vegetative, structural, and other measures that controls the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and
b. For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5202. Establishing a stormwater maintenance district.

§ 5202. Establishing a stormwater maintenance district.
(a) Real property owners of any area in Kent County contained within ascertainable boundaries may petition the Kent County government to declare the area a stormwater maintenance district. The petition shall set forth the boundary lines of the proposed stormwater maintenance district and be submitted according to the criteria established by the county government.
(b) Any new applicable subdivision or land development approved following the adoption of Kent County's implementing ordinance shall establish a stormwater maintenance district as a condition of approval. Fees for the district shall not be incurred until the subdivision or land development is complete and the stormwater infrastructure approved by the appropriate regulating agency.
(c) Kent County may establish a stormwater maintenance district within an incorporated area using the same submission process only with the concurrence of the local governing body.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5203. Public hearing.

§ 5203. Public hearing.
Upon receipt of the petition, the county government shall hold a public hearing, notice of which shall be published at least once in a newspaper published within the County. Said notice shall be published not more than 21 and at least 10 days before the public hearing and shall contain a description of the boundaries of the proposed stormwater maintenance district and a statement that the county government will hold a hearing to consider whether or not to create the proposed district. The notice shall also state that in the event the county government decides to create the proposed stormwater maintenance district, the county government will assess the unit costs of stormwater maintenance against each unit of real property used or intended for residential purposes within the stormwater maintenance district.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5204. Creation of stormwater maintenance district.

§ 5204. Creation of stormwater maintenance district.
(a) If the county government determines, after a public hearing, that it is in the public interest to create the proposed stormwater maintenance district, it shall pass a resolution to that effect.
(b) The creation of a stormwater maintenance district and the resulting infrastructure maintenance managed by the County shall take precedence over any homeowner obligation for stormwater management included in declarations of restrictions or similar development agreements. Any common open space or infrastructure within a community not maintained as part of a stormwater maintenance district shall remain the responsibility of the homeowners.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5205. Agreements for stormwater maintenance authorized.

§ 5205. Agreements for stormwater maintenance authorized.
The county government may enter into an agreement with the Kent Conservation District or other government, nonprofit, or for-profit agency or organization to maintain the stormwater infrastructure of each stormwater maintenance district.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5206. Award of contracts.

§ 5206. Award of contracts.
Either Kent County or the Kent Conservation District may enter into contracts for maintenance of stormwater infrastructure that cannot be completed by existing staff. All such contracts shall follow applicable state and local laws and policies.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5207. Levy and collection of stormwater maintenance fee.

§ 5207. Levy and collection of stormwater maintenance fee.
(a) In order to fund the annual and long-term costs for each stormwater maintenance district, the county government shall establish a fee structure for each district and divide the annual cost, plus a pro rata administrative cost as determined by the county government, by the number of dwelling units within the stormwater maintenance district to arrive at the annual unit cost. The annual unit cost shall then be assessed against each unit located within the boundaries of the stormwater maintenance district. No parcel of real estate shall be exempt from paying its annual unit cost. The established fee structure need not be uniform among districts.
(b) The annual unit cost assessed against each unit shall be levied and collected by the Board of Assessment and county government at the same time and in the same manner as other county taxes and shall be a lien on real property the same as other county taxes. The fee shall be included on the county tax bills under the heading “stormwater maintenance fee.”
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5208. Administration of funds.

§ 5208. Administration of funds.
All amounts collected pursuant to this chapter shall be paid into the general fund of Kent County and all payments for stormwater maintenance shall be paid out of the general fund of Kent County. Should Kent County fail in any 1 year to collect all of the taxes in the stormwater maintenance district necessary to pay the price for stormwater maintenance in any year, the county government may pay the deficit out of the general fund pending enforcement of the tax lien. The county government may make payments out of the general fund in anticipation of collection of the stormwater maintenance tax.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5209. Continuation and termination of contracts; consolidation of stormwater maintenance districts.

§ 5209. Continuation and termination of contracts; consolidation of stormwater maintenance districts.
The county government may determine not to continue stormwater maintenance for any stormwater maintenance district at the expiration of any agreement entered into pursuant to this chapter. The county government may, without further public hearings, consolidate 2 or more stormwater maintenance districts into a single district.
79 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 52. STORMWATER MANAGEMENT › § 5210. Annual budgeting.

§ 5210. Annual budgeting.
(a) The annual amounts required for stormwater maintenance pursuant to the provisions of this chapter shall be included in the annual budget under separate headings for each stormwater maintenance district. After levying the stormwater maintenance fee, the county government shall deliver a separate fee collection warrant together with a list of taxables for each stormwater maintenance district to the County Finance Director commanding him or her to collect from the persons named in the said list their stormwater maintenance fee and its amount.
(b) Should a stormwater maintenance district be formed after the commencement of any fiscal year, the county government shall include in the next annual budget an amount sufficient to reimburse the general fund for the expenditure during the last fiscal year as well as an amount sufficient to pay the cost for the coming fiscal year.
79 Del. Laws, c. 149, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 53. SINGLE FAMILY MORTGAGE REVENUE BONDS › § 5301. Authority to issue.

§ 5301. Authority to issue.
The Levy Court of Kent County, Delaware, is hereby empowered to issue and sell single family mortgage revenue bonds to finance the acquisition of notes secured by mortgages on residential property and the acquisition or rehabilitation of residential property.
62 Del. Laws, c. 203, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 53. SINGLE FAMILY MORTGAGE REVENUE BONDS › § 5302. Limited obligations.

§ 5302. Limited obligations.
All bonds issued by Kent County under the authority of this chapter shall be limited obligations of the County payable solely from bond proceeds, revenue and other amounts derived from the mortgage loans with respect to which such bonds are issued. The bonds and coupons, if any, attached thereto shall not constitute an indebtedness, liability, general or moral obligation or pledge of the faith and credit of Kent County, the State or any other political subdivision thereof and the taxing power of Kent County, the State or any political subdivision thereof shall not be pledged to the payment of the principal of, premium, if any, and interest on such bonds. In no event shall the total amount of the bonds issued pursuant to this chapter exceed $50,000,000.
62 Del. Laws, c. 203, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 53. SINGLE FAMILY MORTGAGE REVENUE BONDS › § 5303. Form; terms.

§ 5303. Form; terms.
The bonds issued pursuant to this chapter shall be authorized by resolution of the Levy Court and shall be issued in such form, in such denomination, bear such date, mature at such time, bear such interest rate, be executed in such manner, be payable in such places, be subject to such terms of redemption and bear such other terms as provided in the authorizing resolution.
62 Del. Laws, c. 203, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 54. KENT COUNTY TAX INCREMENT FINANCING ACT › § 5402. Definitions.

§ 5402. Definitions.
As used in this chapter:
(1) “Act” means the Kent 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 preceding the effective date of the resolution creating the TIF District under § 5406 of this title or such later date as may be designated in such resolution by the Levy Court; 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 Kent County Assessment Office.
(5) “Bonds” or “bond” means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by the County pursuant to and in accordance with this chapter.
(6) “Chief financial officer” means the Director of the Kent County Department of Finance or his or her designee designated by the Director of the Kent County Department of Finance.
(7) “County” means Kent County.
(8) “County Administrator” means the Kent County Administrator or his or her designee designated by the Kent County Administrator.
(9) “Development” means new development, redevelopment, revitalization, or renovation.
(10) “Issuer” means the County when it acts to issue bonds.
(11) “Issuing body” means a municipality or other political subdivision, department or agency of the State (other than the County) when it acts to issue a bond, a note, or other similar instrument.
(12) “Levy Court” means Kent County Levy Court.
(13) “Original assessed value” means the assessed value as of January 1 of the calendar year preceding the effective date of the resolution creating the TIF District under § 5406(1) of this title or such later date as may be designated in such resolution by the Levy Court.
(14) “Other obligations” or “other obligation” means a bond, a note, or other similar instrument issued by an issuing body for any of the purposes stated in § 5405 of this title.
(15) “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.
(16) “Tax year” means the fiscal year for the County.
(17) “TIF District” means an area designated by a resolution described in § 5406(1) of this title.
81 Del. Laws, c. 25, §§ 1, 70 Del Laws, c 186, 1;  81 Del. Laws, c. 64, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 54. KENT COUNTY TAX INCREMENT FINANCING ACT › § 5403. Bonds to finance development of industrial, commercial, or residential area authorized.

§ 5403. 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.
81 Del. Laws, c. 25, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 54. KENT COUNTY TAX INCREMENT FINANCING ACT › § 5404. Payment of bonds.

§ 5404. Payment of bonds.
Bonds shall be payable from the special fund described in this chapter, and the Levy Court may also 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 55 of this title.
81 Del. Laws, c. 25, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 54. KENT COUNTY TAX INCREMENT FINANCING ACT › § 5405. Application of bond proceeds.

§ 5405. Application of bond proceeds.
All proceeds received from any bonds issued and sold pursuant to this chapter shall be applied solely for:
(1) The cost of purchasing, leasing, condemning, or otherwise acquiring land or other property, or an interest in them, including finance charges and interest , in the designated TIF District or as necessary for rights-of-way or other easements to or from the TIF District;
(2) Demolition, debris removal, and disposal costs;
(3) Plans, specifications, studies, surveys, forecasts, and estimates of cost and revenues;
(4) Relocation of businesses or residents;
(5) Installation of utilities, construction of parks, playgrounds, recreational areas, establishment of open areas, and other improvements, including streets, roads, signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and other facilities;
(6) Maintenance of utilities, parks, playgrounds, recreational areas, open areas, and other improvements, including streets, roads, signage, landscaping, and pathways to, from, or within the TIF District, parking, lighting, and other facilities;
(7) Construction or rehabilitation of buildings, except schools;
(8) Remediation of property, except schools;
(9) Reserves or capitalized interest;
(10) Necessary costs of issuing bonds;
(11) Permissive costs of issuing and servicing bonds, which may include up to 0.5% of the bond issue as origination costs incurred by the County, and up to 2.0% of the bond debt service payments as administrative costs if administered by the County;
(12) Payment of the principal of, premium, if any, and interest on loans, money advanced, or any indebtedness incurred by the County for any of the purposes set out in this section, including the refunding of bonds previously issued under this chapter; and
(13) Any costs permitted under § 5501(3) of this title, and for any purposes described in § 5502(b)(2) of this title; provided, however, that the purpose described in § 5502(b)(2) of this title shall be with reference to the designated TIF District.
81 Del. Laws, c. 25, § 1;