2023 Delaware Code › Title 22 - Municipalities › Chapter 1. GENERAL PROVISIONS › § 101A. Annexation by large municipalities; special elections.

§ 101A. Annexation by large municipalities; special elections.
(a) Any municipality in the State having a population in excess of 50,000, as enumerated in the most recent federal census, may extend the boundary limits of the municipality so as to include any portion of adjoining or adjacent territory, under the following terms and conditions:
(1) The annexation process under this section shall only be initiated by a written petition to annex adjacent or adjoining territory submitted by the municipality's chief executive officer, or by member or members of the municipality's legislative body, or by at least 25% of the qualified voters in the territory. The petition to annex, containing a general description of the territory, must be filed with the clerk of the municipality or equivalent municipal officer who is the keeper of official municipal legislative records and with the equivalent clerk or officer of the county in which the territory is situated.
(2) Upon the filing of a petition under paragraph (a)(1) of this section, the annexation must be approved in the following order:
a. The legislative body of the municipality must enact an ordinance approving the proposed annexation. The ordinance must provide a legal description of the territory, adopt the corresponding changes to the boundaries of the municipality and contain such other provisions as may be required by law.
b. The chief executive officer of the municipality must approve the proposed annexation, as evidenced by the chief executive officer's actual signature approving the ordinance enacted by the municipality's legislative body pursuant to paragraph (a)(2)a. of this section.
c. The legislative body of the county in which the territory is situated must enact an ordinance approving the proposed annexation. The ordinance may incorporate by reference all or a portion of the ordinance enacted by the municipality's legislative body pursuant to paragraph (a)(2)a. of this section.
d. The chief executive officer of the county in which the territory is situated must approve the proposed annexation, as evidenced by the chief executive officer's actual signature approving the ordinance enacted by the county's legislative body pursuant to paragraph (a)(2)c. of this section.
e. A majority of the qualified voters in each parcel of the territory, voting in a special election held by the proper election official, must approve of the annexation. Such special election shall be held not less than 30 days nor later than 60 days following the date of approval of the county ordinance by the chief executive officer of the county pursuant to paragraph (a)(2)d. of this section.
f. If the proper election official certifies that the results of the special election indicate that a majority of the qualified voters in each parcel of the territory who voted in such election approved of the proposed annexation, the annexation shall become effective on the first day of the month immediately following such certification.
(b) If either legislative body shall fail to enact the respective ordinances required under paragraphs (a)(2)a. and c. of this section, or if either chief executive officer shall fail to approve such respective ordinances as required by paragraphs (a)(2)b. and d. of this section, or if the certification of the votes cast in the special election shall indicate that a majority of the qualified voters in each parcel of the territory who voted in such election was against the annexation of the territory, the proposed annexation of the territory shall be declared to have failed. Nothing in this section shall prohibit any interested party from resubmitting a petition for annexation of the territory, or any portion thereof, under the authority of and in accordance with this section.
(c) The following definitions shall apply to this section:
(1) “Adjacent” means to lie upon or touch the boundary of the municipality.
(2) “Adjoining,” in addition to its general meaning, shall also mean to lie upon or touch a highway, railroad right-of-way, or watercourse which lies upon the boundary line of the municipality and separates the municipality and the territory by only the width of such highway, railroad right-of-way or watercourse. If more than 1 highway and/or railroad right-of-way and/or watercourse, or any combination of the same, separates the municipality and the territory, and such highways and/or railroad rights-of-way and/or watercourses lie upon or touch each other, then the municipality and the territory shall be deemed adjoining.
(3) “Election official” shall mean the person designated as the judge of the election under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise.
(4) “Parcel” shall mean the property in the territory to which is assigned a separate tax parcel number on the books and records of the county board of assessment.
(5) “Qualified voter”:
a. With respect to any petition filed by voters in the territory pursuant to paragraph (a)(1) of this section, the term “qualified voter” shall mean each voter qualified to vote under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise, as of the date of filing of the petition; and
b. With respect to any such special election, the term “qualified voter” shall have the meaning set forth under any special election law concerning annexations which applies to the particular municipality under Title 15 or otherwise.
(6) “Territory” shall mean the property or properties proposed to be annexed to the municipality.
66 Del. Laws, c. 135, §  1;  70 Del. Laws, c. 186, §  1;