Title 9, Counties

§ 1305. Adoption and effectuation of comprehensive plan. (a) After preparation of the comprehensive development plan by the Department and approval by the Planning Board, the plan shall be reviewed by the County Executive and presented to the County Council. The County Council sh…

§ 1306. Legal effect of subdivision regulations. All proposed subdivisions of land to be made after the adoption of regulations governing subdivision of land shall be submitted to the Department for approval for conformity to the subdivision regulations and no such proposed subdi…

§ 1307. Planned street lines and public parks; official map. (a) Upon the recommendation of the Department, the County Council, by ordinance, may adopt an official map containing: (1) The exact location of the planned lines of street widenings and extensions, or of future streets…

§ 1308. Legal effect of official map or street plan. (a) Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding …

§ 1309. Presumption of approval. In the case of any matter required to be submitted to the Department or to the Planning Board, approval shall be presumed by the Department or Planning Board unless the Department or Planning Board shall have acted within 45 days of receipt thereo…

§ 1310. Legal effects of previously established road locations and road lines. (a) All locations and lines of roads and other actions of the County related to subdivision of land and opening of roads legally established in New Castle County prior to January 3, 1967, and legally e…

§ 1311. Board of Adjustment. The Board of Adjustment shall consist of 7 members who shall be residents of New Castle County who shall have knowledge of, and experience in, the problems of urban and rural development, and who, at the time of appointment, shall not be candidates or…

§ 1312. Regulations governing organization, procedure and jurisdiction of the Board of Adjustment. The Board of Adjustment shall adopt regulations to govern the organization, procedure and jurisdiction of the Board. The regulations shall not be inconsistent with this title and sh…

§ 1313. Jurisdiction of Board of Adjustment. (a) The Board of Adjustment shall be empowered to hear and decide: (1) Appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement…

§ 1314. Judicial review of Board of Adjustment decisions; procedure. (a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging…

§ 1315. Board of License Inspection and Review. County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review. The Board of License Inspection and Review shall have 5 members to be appointed by the County Executive, 4 members for term…

§ 1316. Board of Building Standards. County Council, by ordinance, may provide for the establishment of a Board of Building Standards. The Board of Building Standards shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the te…

§ 1317. Board of Assessment Review. Transferred to § 1371A of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

§ 1318. Functions of Board of Assessment Review. Transferred to § 1371B of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

§ 1319. Appointment and duties of additional Board members and referees. Transferred to § 1371C of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

§ 1320. Judicial review. Transferred to § 1371D of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

§ 1321. General provisions relating to assessment. Transferred to § 1371E of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

§ 1322. Assessment of property. Transferred to § 1371F of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.

§ 1323. Obligations and rights of property owners. The adoption of this subchapter shall in no manner increase the responsibility of such property owner nor deny the property owner of any right possessed prior to May 26, 1965, except to the extent specifically provided in this su…

§ 1331. County police; powers and duties. (a) The County police shall have all of the police powers conferred by law upon law-enforcement officers in the State and all of such police may exercise such police powers anywhere in New Castle County. All police appointed under this se…

§ 1332. Functions. (a) The Police Department, managed by a Chief of Police, shall perform the following functions; (1) Organize, administer, supervise and discipline the police force of the County; (2) Enforce traffic regulations and investigate accidents; (3) Make legal searches…

§ 1333. Other police prohibited. No office, department or board operating for the County, other than the Police Department, shall have a police force.9 Del. C. 1953, § 1402; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59;

§ 1334. County responsibility for fire protection and ambulance and rescue service. The County Council of New Castle County may make provisions for emergency medical services and the prevention and extinguishment of fires. For such purposes, the County Council of New Castle Count…

§ 1335. Fire prevention outside of incorporated towns. The County Council of New Castle County may make provisions for the prevention and extinguishment of fires in New Castle County outside of the corporate limits of any incorporated city or town, and for such purpose enter into…

§ 1336. Establishment of school crossing guard unit for New Castle County. Upon the authorization of the County Council, the Police Department of New Castle County may appoint and maintain, within each school district, after approval of each school district in New Castle County, …

§ 1337. Duties; compensation; uniform. (a) The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other locations deemed necessary as directed by the Police Department for the purpose of assisting school children …

§ 1338. Coordination with school boards. In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of the respective districts in which the crossing guards shall be employed.71 Del. Laws, c. 401, § 59;

§ 1339. Levy and collection of tax. (a) In order to carry out this chapter, the County Council of New Castle County may levy in any school district with respect to which school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and…

§ 1341. Functions. The Department of Special Services, managed by the general manager of the Department, who shall be qualified for the position by education, experience and training, may perform the following functions: (1) In cooperation with the Department of Land Use, manage …

§ 1342. Department of Special Services Board. The Department of Special Services Board shall consist of 9 members. The County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of t…

§ 1351. Functions. The Department of Community Services, managed by the general manager of the Department, who shall be qualified for the position by education, experience and training, may perform the following functions: (1) Undertake and execute or supervise the execution of a…

§ 1352. Department of Community Services Board. The Department of Community Services Board shall consist of 9 members. County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of t…

§ 1361. Office of Administrative Services; functions. The Office of Administrative Services, managed by the Chief Procurement Officer, who shall be qualified for the position by education, experience and training, may perform the following functions: (1) The Purchasing Section is…

§ 1371. Office of Finance; functions. The Office of Finance, managed by the Chief Financial Officer, who shall be qualified for the position by education, training and experience, may perform the following functions: (1) Prepare tax rolls and bills, including those required by an…

§ 1371A. Board of Assessment Review. The New Castle County Council, by ordinance, shall establish the Board of Assessment Review. (1) The Board of Assessment Review consists of 9 regular members and 3 alternate members, as follows: a. Eight regular members and 3 alternate members…

§ 1371B. Functions of Board of Assessment Review. The Board shall perform all of the following functions: (1) Hear appeals from any property owner who alleges that the property owner’s property has been improperly assessed for purposes of taxation. (2) Following the hearing of an…

§ 1371C. Appointment and duties of additional Board members and referees. (a) [Repealed.] (b) The County Council may, by ordinance, authorize appointment of referees to hear appeals of property assessments. The Chief Financial Officer shall appoint, with the advice and consent of…

§ 1371D. Judicial review. Nothing in this chapter shall be construed as limiting the right of a property owner or County to appeal to the courts in connection with the assessment of property for taxation as provided by law.9 Del. C. 1953, § 1309; 55 Del. Laws, c. 85, § 2; 58 Del.…

§ §1371E. General provisions relating to assessment. It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Board of Assessment Review, except for the functions specifically assigned to the Board of …

§ 1371F. Assessment of property. (a) In the performance of the functions relating to the assessment of property, the Office of Finance shall exercise the assessment functions assigned to the Board of Assessment Review prior to May 26, 1965. To this end, not later than February 15…

§ 1372. Sworn information. The Chief Financial Officer may require from any officer or employee of the County, or any claimant, such sworn information as may be necessary for the proper performance of the functions of the Office.9 Del. C. 1953, § 1302; 55 Del. Laws, c. 85, § 2; 7…

§ 1373. General provisions relating to levy, billing and collection of taxes. It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Receiver of Taxes and County Treasurer under this title prior to J…

§ 1374. Obligations and rights of property owners. The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon a property owner prior to May 26, 1965, with respect to the assessment of any property or the payment of any tax nor sha…

§ 1375. Collection of taxes. The Office shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to May 26, 1965, in the Rec…

§ 1376. Records of tax delinquencies. The Office shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the County.9 Del. C. 1953, § 1314; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59;

§ 1377. Audit of accounts. Each year the County Auditor shall audit the accounts of the Department to determine whether they properly reflect all payments and delinquencies of taxes which shall have been levied.9 Del. C. 1953, § 1315; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 40…