Title 9, Counties

§ 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…

§ 3503. Definitions. The following words and phrases when used in this Chapter shall have the meanings provided herein: (1) “Benefited property” means a nonexempt specially-assessed property located within a neighborhood improvement district that benefits from enhanced services a…

§ 3504. Powers of New Castle County. New Castle County shall have the power to: (1) Establish within the County certain areas designated as a NID. (2) Designate a nonprofit corporation, created for the purposes of this chapter, as the NIDMA with the certain powers established und…

§ 3505. Creation of a neighborhood improvement district. (a) Establishment. — (1) Property owners and residents in a proposed NID, or the County, may petition to establish a NID, subject to all requirements under this chapter. (2) Where property owners or residents desire to esta…

§ 3506. Creation of the neighborhood improvement district management association. (a) Association designated. — When the County approves a NID under this chapter, a NIDMA must be designated by the County to administer the enhanced services within the NID. (b) Administration. — (1…

§ 3507. Powers of the neighborhood improvement district management association. Subject to available funding, and as provided for in this chapter and the agreement between the County and the NIDMA, a NIDMA has, in addition to any other powers provided pursuant to the charter esta…

§ 3508. Special assessments and liens. (a) Special assessments. — (1) The ordinance by County Council approving a Final NIDP establishes a special assessment on all nonexempt benefited properties within the NID. (2) County Council has the authority to exempt property within the N…

§ 3509. Annual audit, report, and meeting; additional audits. (a) The County Auditor or designee thereof, or an entity identified by County Council must annually audit all funds received and expended by or on behalf of the NIDMA. The audit results must be made electronically avai…

§ 3510. Renewal and dissolution of a neighborhood improvement district. (a) Renewal of a NID. — (1) Prior to expiration of a sunset provision of a NID and following a review by County Council of the NID and the enhanced services provided therein, the County Council may extend the…

§ 3511. Implementation. County government shall adopt an ordinance implementing this chapter that provides the procedures and criteria for the establishment and operation of neighborhood improvement districts.83 Del. Laws, c. 457, § 1;

§ 4101. Definitions. (a) As used in this part: (1) “County” means Kent County. (2) “County government” means the governing body of Kent County. (b) Any reference in the Delaware Code or any other law of this State to the Receiver of Taxes and County Treasurer for Kent County or t…

§ 4102. Levy Court Districts in Kent County. (a) Kent County shall be divided into 6 Levy Court Districts, 1 additional Levy Court District is comprised of the County as a whole. (b) The Levy Court Districts are established as follows: (1) First Levy Court District. — The First L…

§ 4103. Election, qualifications and term of officials of the county governing body. (a) In Kent County, the governing body shall consist of 7 elected officials, 1 from each of the Representative Districts as were in effect at the election of 1980, with certain minor changes in t…

§ 4104. Salaries of elected officials of the county governing body. (a) In Kent County each of the elected officials of the county governing body shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court. (b) The salaries of the officials shall be p…

§ 4105. Redistricting required. It shall be the mandatory duty of the Kent County Levy Court to redistrict the Kent County Levy Court Districts described at § 4102(b) of this title after each regular United States decennial census commencing with the 1990 United States decennial …

§ 4106. Redistricting procedures. (a) Whenever a changing of the boundaries of the Levy Court Districts is required by § 4105 of this title, the Levy Court shall, within 60 days after the official reporting of the federal decennial census by the President to Congress, appoint 7 e…

§ 4107. Early termination of terms of office. The term of any Levy Court Commissioner (except the commissioner representing the 7th Levy Court District which is comprised of the County as a whole) which would not otherwise terminate on the first Tuesday in January following the e…

§ 4108. County Administrator. (a) Appointment; qualifications; compensation. — The county government shall appoint a County Administrator by the affirmative vote of a majority of the members of the county government, for a term not exceeding 4 years, and fix the Administrator’s c…

§ 4110. General powers; county government procedures; ordinances. (a) In addition to the powers specifically enumerated by statutes in this title and elsewhere, the government of Kent County shall assume and have all powers which under the Constitution of the State it would be co…

§ 4111. Creation of debt; authorization, procedures, debt limitation and anticipation borrowing. (a) The Levy Court shall exercise all powers of Kent County in connection with the creation of debt, and shall have the power to authorize the issuance of bonds and notes of Kent Coun…

§ 4112. Employment by county officers of a chief deputy and clerks [Repealed].31 Del. Laws, c. 13, § 16; 32 Del. Laws, c. 67, § 1; Code 1935, § 1191; 44 Del. Laws, c. 100, § 2; 9 Del. C. 1953, § 4112; 51 Del. Laws, c. 103, § 1; repealed by 83 Del. Laws, c. 144, § 3, effective Sep…

§ 4113. Mileage and expenses of county officers and employees. The county government may pay mileage, as provided in § 9121 of this title, to county officers, including deputies and clerks, for travel in the necessary conduct of county business as well as expenses actually incurr…

§ 4114. Employment of Courthouse janitor [Repealed].31 Del. Laws, c. 13, § 16; 32 Del. Laws, c. 67, § 1; Code 1935, § 1231; 9 Del. C. 1953, § 4114; repealed by 81 Del. Laws, c. 296, § 1, effective July 1, 2018.;

§ 4115. Removal of appointed officers; appeal. (a) The county government may remove from office any person appointed by it, for sufficient cause shown, and after due hearing. (b) Any person so removed may appeal from the decision of the county government to the Superior Court, wh…