Title 9 — Counties

§ 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…

§ 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.…

§ 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 bec…

§ 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, § …

§ 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 resid…

§ 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 coun…

§§ 3101, 3102. Contributory funded pension program authorized; participation; pension plan for nonparticipants in contributory funded program [Repealed]. Repealed by 71 Del. Laws, c. 401, § 90, effective July 13, 1998.

§ 3201. Title. This chapter shall be known as the “New Castle County Tax Increment Financing Act.”76 Del. Laws, c. 187, § 1;

§ 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 valu…

§ 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,…

§ 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 …

§ 3205. 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 finan…

§ 3206. Conditions precedent to issuance of bonds. Before issuing any bonds, county council shall: (1) Designate by resolution an area within the Claymont Hometown Overlay District of New Castle County as a “TIF District.” (2) Receive from the appropriate Assessor a certification…

§ 3207. Resolution creating special fund. The governing body of the county may adopt a resolution creating a special fund with respect to a TIF District, even though no bonds authorized by this chapter have been issued by the county with respect to that TIF District or are then o…

§ 3208. Uses of special fund. (a) Uses of special fund when no bonds outstanding. — When no bonds authorized by this chapter are outstanding with respect to a TIF District and the county council so determines, moneys in the special fund for that TIF District created pursuant to §…

§ 3209. Agreements to pay revenue from taxes on tax increment into special fund. A municipality, school district or other taxing body within the county which is not an issuer may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shal…

§ 3210. Ordinance authorizing bonds. (a) Mandatory provisions. — In order to implement the authority conferred upon it by this chapter to issue bonds, County Council shall adopt an ordinance that: (1) Specifies and describes the proposed undertaking and states that it has complie…

§ 3211. Exemption of bonds from taxation. The principal amount of the bonds, the interest payable thereon, their transfer, and any income derived therefrom, including any profit made in the sale or transfer thereof, shall be exempt from taxation by the State and by the several co…

§ 3212. Nature and incidents of bonds. (a) Form of bond; deemed “securities”. — All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a “security” within the meaning of § 8-102 of Title 6, whether or not it is either 1 or a class or series or by its…

§ 3213. Taxation of leased property in TIF District. Whenever the county, as lessor, leases its property within the TIF District, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall…

§ 3214. TIF District consistency with certified comprehensive plan. The use of lands in a TIF District shall be consistent with the comprehensive plan for the area as certified pursuant to § 9103(f) of Title 29.76 Del. Laws, c. 187, § 1;

§ 3215. Construction of chapter. This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose of this chapter.76 Del. Laws, c. 187, § 1;

§ 3301. Definitions. In this chapter the following terms shall have the meanings indicated: (1) “Bonds” or “bond” means a special obligation bond, revenue bond, note, or other similar instrument issued by New Castle County in accordance with this chapter. (2) “Chief financial off…

§ 3302. Special taxes authorized; purpose; requirements and restrictions. (a) Subject to the provisions of this section, and for the purpose stated in subsection (b) of this section, the county may: (1) Create a special development district; (2) Levy ad valorem or special taxes; …

§ 3303. Issuance and sale of bonds; section self-executing. (a) In addition to other powers the county may have, and notwithstanding the provisions of any other public local law, or public general law, the county may borrow money by issuing and selling bonds for the purposes stat…

§ 3304. Bonds payable from special fund; complementary powers of governing body; proceeds. (a) Bonds shall be payable from the special fund required under § 3305 of this title. (b) If the county council issues bonds under this section, the county council may also: (1) Establish s…

§ 3305. Actions necessary before issuing bonds. (a) Before issuing bonds pursuant to this section, county council shall: (1) Designate by resolution an area or areas within the Claymont Hometown Overlay District of New Castle County as a special development district; (2) Subject …

§ 3306. When no bonds outstanding. When no bonds are outstanding with respect to a special development district: (1) The special development district shall be terminated; and (2) Any moneys remaining in the special fund on the date of termination of the special development distri…

§ 3307. Adoption of ordinance to implement authority. (a) In order to implement the authority conferred upon it by this section to issue bonds, the county council shall adopt an ordinance that: (1) Specifies and describes the proposed undertaking and states that it has complied w…

§ 3308. Taxation of bonds. The principal amount of the bonds, the interest payable on the bonds, their transfer and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, shall be exempt from taxation by the State and by the counties…

§ 3309. Bond form; signatures; maturity; manner of sale. (a) All bonds shall be in fully registered form. Each of the bonds shall be deemed to be a security as defined in § 8-102 of Title 6, whether or not it is either 1 of a class or series or by its terms is divisible into a cl…

§ 3310. Bonds issued are securities. Bonds issued under this chapter are securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, state banks and trust companies, national banking associations, savings banks, …

§ 3311. Powers granted are supplemental to other laws. The powers granted under this chapter shall be regarded as supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of any powers now existing.76 Del. Laws, c. 187, § 2;

§ 3312. Construction of chapter. This chapter, being necessary for the welfare of the State and its residents, shall be liberally construed to effect the purpose stated in § 3302(b) of this title.76 Del. Laws, c. 187, § 2;

§ 3313. Special taxes on real property as alternative to ad valorem taxes. (a) As an alternative to levying ad valorem taxes under this chapter, county council may levy special taxes on real property in a special development district to cover the cost of infrastructure improvemen…

§ 3314. Bonds not to constitute general obligation debt. Bonds issued under this chapter are a special obligation of the county or Special Development District (SDD) and may not constitute a general obligation debt of the county, or a pledge of the county’s full faith and credit …

§ 3315. Special Development District consistency with certified comprehensive plan. The use of lands in a Special Development District shall be consistent with the comprehensive plan for the area as certified pursuant to § 9103(f) of Title 29.76 Del. Laws, c. 187, § 2;

§ 3316. Limitation on ad valorem or special taxes within Special Development District. The levy of an ad valorem or special tax pursuant to § 3302(a)(2) or § 3313(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § …

§ 3401. Definitions. For purposes of this chapter: (1) “Stormwater maintenance district” means an area in New Castle County, created under this chapter, that has ascertainable boundaries and provides efficient and economical stormwater maintenance. (2) “Stormwater management” mea…

§ 3402. Establishing a stormwater maintenance district. (a) County government shall adopt an ordinance implementing this chapter, that provides the procedures and criteria for the establishment and operation of stormwater maintenance districts. (b) Subdivisions and land developme…

§ 3403. Public hearing. (a) Upon receipt of a petition under § 3402(c) of this title from an existing subdivision or land development, the county government shall hold a public hearing on the petition. The notice of the public hearing must be published at least once in a newspape…

§ 3404. Creation of stormwater maintenance district. (a) If the county government determines, after the public hearing required under § 3403 of this title, that it is in the public interest to establish the proposed stormwater maintenance district under the ordinance adopted unde…

§ 3405. Agreements for stormwater maintenance authorized. The county government may enter into an agreement with the New Castle Conservation District or other government, nonprofit, or for-profit agency or organization to maintain the stormwater infrastructure of each stormwater …

§ 3406. Award of contracts. Either county government or the New Castle Conservation District may enter into contracts for maintenance of stormwater infrastructure that cannot be completed by existing staff. All contracts entered under this section must follow applicable state and…

§ 3407. 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 administrat…

§ 3408. Administration of funds. All amounts collected under this chapter shall be paid into a fund of New Castle County as provided under the ordinance adopted under § 3402(a) of this title and all payments for stormwater maintenance shall be paid out of this fund. Should New Ca…

§ 3409. 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 under this chap…

§ 3410. Annual budgeting. (a) The annual amounts required for stormwater maintenance under this chapter must be included in the annual budget under separate headings for each stormwater maintenance district. County expenditures related to stormwater maintenance districts will be …

§ 3501. Short title. This chapter shall be known as the “New Castle County Neighborhood Improvement District Act.” 83 Del. Laws, c. 457, § 1;

§ 3502. Legislative findings. The General Assembly finds and declares that: (a) Marshaling New Castle County resources in a concerted manner under “one roof” to focus on persistent neighborhood problems, as contemplated by this chapter, increases the possibility of successfully r…