Title 9 — Counties

§ 4654. Reissuance of defaced or partially destroyed bonds or notes. If defaced or partially destroyed, any bond may be reissued in the form and tenor of the defaced or partially destroyed bond or note, to the bearer, or if registered, to the registered holder, at the expense of …

§ 4655. Certain agreements forbidden. In the issuance or sale of bonds or notes it shall be unlawful for the governing body, or any member or members thereof, or any official of the County of Kent to: (1) Agree to pay directly or indirectly any bonus for the issuance or for the s…

§ 4656. Payment of bonds and notes. The power and obligation of the County to pay all bonds and notes hereafter issued by it pursuant to this chapter shall be unlimited. The full faith and credit of the County is hereby pledged for the payment of the principal of and the interest…

§ 4657. Appropriation may include engineering and other costs. In determining the amount to be appropriated for a project pursuant to this chapter, the county government may include the engineering, legal and other professional costs, and other costs of acquisition, construction …

§ 4658. Validity of bonds not dependent on preliminary proceedings. It is the intent of this chapter that the power to issue obligations under this chapter and the validity of the bonds or notes so issued shall not be affected by, or be dependent in any way on the validity or the…

§ 4659. Legal effect of debt statement. After the issuance of any bonds or notes in reliance on any debt statement issued by the County, the accuracy and sufficiency of such debt statement shall not be contested by any suit, action or proceeding relating to the validity of such b…

§ 4660. Short period of limitations. The bond resolution authorizing the issuance of bonds, or any notes issued in anticipation of said bonds, may be contested only if: (1) Such obligations are authorized for a purpose for which the County is not authorized to expend money; (2) T…

§ 4661. Construction of chapter with other laws. The powers conferred by this chapter shall be in addition to, and not in substitution for, the powers conferred by any other general, special or local law. The powers conferred by this chapter may be exercised notwithstanding that …

§ 4801. Definitions. As used in this chapter, unless the same shall be inconsistent with the context: (1) “Commission” means “Regional Planning Commission of Kent County” created by this chapter. (2) “Council” means “the Council of the Mayor and Council of Dover.” (3) “County Eng…

§ 4802. Regional Planning Commission and Regional Planning District; statement of purposes. For the purpose of promoting health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for roads, airways, railways, public buildings, parks,…

§ 4803. Regional Planning Commission. The county government shall, by ordinance, establish a Regional Planning Commission and determine the membership, terms, qualifications and compensation of said Commission.9 Del. C. 1953, § 4803; 56 Del. Laws, c. 103, § 15; 56 Del. Laws, c. 2…

§ 4804. Office space and equipment. The Kent County government shall provide suitable and convenient office space for the use and occupancy of the Commission, and the county government shall furnish and supply all necessary equipment for the office.9 Del. C. 1953, § 4804; 56 Del.…

§ 4805. Secretary of Commission and other personnel. (a) The Commission shall appoint a secretary who shall serve for such time, and perform such duties and receive such compensation as the Commission may prescribe. The secretary shall give bond if required by the Commission in s…

§ 4806. Assistance to Commission by County and City of Dover. The county government or council may, from time to time, upon request of the Commission and for the purpose of special surveys, assign or detail to the Commission any members of the administrative staffs or agencies of…

§ 4807. Master plan of District. (a) The Commission shall prepare a master plan of the District showing existing and proposed roads included in or likely to be incorporated in the road system, together with the indication of their existing and proposed widths; existing and propos…

§ 4808. Road surveys. The Commission may, in pursuance of the development and carrying out of its master plan, make from time to time surveys for the exact location of the lines of future roads, road relocations, road extensions, road widenings or narrowings in the District or an…

§ 4809. Official map of the District. (a) There is established an official map of the District. The Commission shall be the maker and custodian of such map. The map shall show the location and lines of the roads within the District existing and established by law as public roads …

§ 4810. Subdivision plans; land development plans; road plats; submission to Commission; recording; fees; regulations. (a) Plans depicting the location, proposed grades, and drainage of all roads intended to be dedicated by the owner thereof to the public use or for the use of ow…

§ 4811. Approval or disapproval of plat by Commission; hearing. The Commission shall approve, approve with conditions, disapprove or table a plat within 45 days after acceptance by the Commission of the plat and all necessary supporting documentation; otherwise such plat shall be…

§ 4812. Recording unapproved plan; penalty for. Any Recorder who receives for filing or recording any plan or map contrary to the provisions of this chapter shall be fined not less than $100 nor more than $500.9 Del. C. 1953, § 4812; 56 Del. Laws, c. 103, § 15;

§ 4813. Cooperation with other agencies. (a) Upon the request of the county government or the Council or the Department of Transportation or the Department of Health and Social Services or any other state, county or municipal agency, board, department, commission or authority, th…

§ 4814. Entry upon land; access to records. (a) In the performance of the functions and duties of the Commission any member thereof or any employee or agent thereof shall have the right to enter and go upon, at reasonable times (Sundays and holidays excluded) between the hours of…

§ 4815. Appropriation; authority to make. The county government may annually appropriate a sum not exceeding $200,000 for the purpose of carrying out this chapter, to be paid as other county expenses out of moneys collected for taxes for county purposes.9 Del. C. 1953, § 4815; 56…

§ 4816. Issuance of building and occupancy permits. (a) No building permit shall be issued by the County for the erection of any building or for the construction of any improvement, utility or structure on any part of any land which is required to be submitted to the Commission a…

§ 4817. Powers and duties of municipal corporations not affected. Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred upon any municipal corporation over, in or upon any lands lying outside of the corporate l…

§ 4818. Appeals from county government decisions. All decisions of the county government pursuant to applications made under this chapter are appealable to the Superior Court of Kent County; and when such appeal has been filed with the Prothonotary of Kent County, the Prothonotar…

§ 4819. 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…

§ 5001. Appointment of County Engineer; draftsmen; rodmen and assistants [Repealed].9 Del. C. 1953, § 5001; 55 Del. Laws, c. 217; repealed by 83 Del. Laws, c. 144, § 2, effective Sept. 10, 2021.;

§ 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 co…

§ 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 cont…

§ 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 F…

§ 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…

§ 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 p…

§ 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 bo…

§ 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 pu…

§ 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 stormwa…

§ 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 mainte…

§ 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. …

§ 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 administrat…

§ 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 al…

§ 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 thi…

§ 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, t…

§ 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 pr…

§ 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. Th…

§ 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 …

§ 5304. Conflicting laws. Notwithstanding any provisions in any law to the contrary, all bonds issued pursuant to the chapter shall be governed solely by this chapter.62 Del. Laws, c. 203, § 1;

§ 5401. Title. This chapter shall be known as the “Kent County Tax Increment Financing Act.”81 Del. Laws, c. 25, § 1;

§ 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 …

§ 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…

§ 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, …