Title 22, Municipalities

§ 1802. Special taxes authorized; purpose; requirements and restrictions. (a) (1) For any purpose stated in paragraph (b)(1) or (b)(2) of this section, any municipality may: a. Create a special development district; b. Levy ad valorem or special taxes; and c. Issue bonds and othe…

§ 1803. Authority granted; section self-executing. (a) In addition to other powers any municipality may have, and notwithstanding the provisions of any other public local law, or public general law, or the charter of any municipality, a municipality may borrow money by issuing an…

§ 1804. Bond payable from special fund; complementary powers of governing body; proceeds. (a) Bonds shall be payable from the special fund required under § 1805 of this title. (b) If the governing body of the municipality issues bonds under this chapter, the governing body may al…

§ 1805. Special fund. (a) By resolution, the governing body of the municipality may: (1) Designate by resolution an area or areas within the municipality as a special development district even though no bonds authorized by this chapter have been issued by the municipality with re…

§ 1806. When no bonds or other obligations outstanding. (a) When no bonds are outstanding, the municipality may use money in the special fund for payment or reimbursement of debt service on other obligation that the municipality is obligated to pay under an agreement described in…

§ 1807. Adoption of ordinance to implement authority. (a) In order to implement the authority conferred upon it by this chapter to issue bonds, the governing body of the municipality shall adopt an ordinance that: (1) Specifies and describes the proposed undertaking and states th…

§ 1808. 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…

§ 1809. 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 …

§ 1810. 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, …

§ 1811. 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.74 Del. Laws, c. 145, § 2;

§ 1812. 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 § 1802(b) of this title.74 Del. Laws, c. 145, § 2;

§ 1813. Special taxes on real property as alternative to ad valorem taxes. (a) As an alternative to levying ad valorem taxes under this chapter, the governing body of the municipality may levy special taxes on real property in a special development district to cover the cost of i…

§ 1814. Bonds not to constitute general obligation debt. Bonds issued under this chapter are a special obligation of the municipality and may not constitute a general obligation debt of the municipality, or a pledge of the municipality’s full faith and credit or taxing power.74 D…

§ 1815. 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 29.74 Del. Laws, c. 145, § 2;

§ 1816. Limitation on ad valorem or special taxes within a special development district. The levy of an ad valorem or special tax pursuant to § 1802(a) or § 1813(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § 8…

§ 1817. Special provision applicable to the City of Dover, Delaware. Notwithstanding § 1807(c)(2) of this title, before the City of Dover may establish a special development district under this chapter, all of the owners of real property in the proposed special development distri…

§ 1901. Purpose. Healthy and vibrant downtowns are critical components of Delaware’s economic well-being and quality of life. The purpose of this chapter is to leverage the resources of state government in a limited number of designated areas in Delaware’s cities, towns, and unin…

§ 1902. Definitions. As used in this chapter: (1) “Committee” means the Cabinet Committee on State Planning Issues established under § 9101 of Title 29. (2) “Corridor plan” or “district plan” means the strategic plan or other detailed description of the overall strategy for the d…

§ 1903. Applications for corridor or district designation. (a) At the request of the Governor, the Office shall solicit applications from municipalities and unincorporated areas to have an area designated as a Downtown Development Corridor or Downtown Development District. Such a…

§ 1904. Review and approval of applications. (a) Applications for corridor or district designation must be evaluated by the Cabinet Committee on State Planning Issues, which shall recommend to the Governor those applications with the greatest potential for accomplishing the purpo…

§ 1905. Designation, renewal, and amendment of corridors or districts. (a) Not more than 15 districts may be designated at any 1 time. Not more than 1 corridor may be designated for each municipality. (b) A corridor or district is to be designated for an initial 10-year period. O…

§ 1906. Local incentives. (a) A municipality or unincorporated area applying for district designation, or municipality applying for a corridor designation, shall propose local incentives that address local economic and community conditions, and that will help achieve the purposes…

§ 1907. Amendments to corridor or district boundaries and incentives. A municipality or county may apply to the Office to amend the boundaries of a corridor or district or to amend 1 or more corridor or district incentives for a corridor or district designated by the municipality…

§ 1908. Formal review and termination of corridors or districts. (a) If a municipality or county fails to fulfill its obligations under § 1905 of this title or as otherwise set forth in this chapter, the Office may recommend to the Committee that the corridor or district be place…

§ 1921. Qualifications for Downtown Development Corridor and Downtown Development District Grants; definitions. (a) Subject to the limitations set forth in this subchapter, any qualified corridor or district investor making a qualified real property investment in a corridor or di…

§ 1922. Limitations and conditions. (a) The availability of grants in any given year is subject to appropriation by the General Assembly. (b) In addition to its other powers and responsibilities under this chapter, DSHA is expressly authorized to establish other limitations and c…

§ 1923. Policies and procedures for allocation of Downtown Development Corridor Grants and Downtown Development District Grants. (a) Qualified corridor or district investors may receive a grant provided for in this chapter to the extent that the investors apply for and are approv…

§ 1924. Administration. (a) DSHA has the primary responsibility for administering the grants program. In connection with administering the grants program, DHSA’s powers and duties include all of the following: (1) Adopting rules and procedures as may be necessary or desirable to …

§ 2001. Limitation of municipal taxing powers [For application of this section, see 79 Del. Laws, c. 382, § 2 and 80 Del. Laws, c. 140, § 3]. (a) Every municipal corporation in this State, regardless of population, shall only have the power to impose, levy, assess, or collect a t…

§ 2101. Nondisclosure agreements prohibited. (a) For purposes of this chapter: (1) “Data center” means a facility consisting of 1 or more buildings that has a primary purpose of providing for the storage, management, processing, or transmission of digital data, and that contains …