Title 9, Counties

§ 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, …

§ 5405. 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…

§ 5406. Conditions precedent to issuance of bonds. Before issuing any bonds, the Levy Court shall: (1) Designate by resolution an area within the County as a “TIF District.” (2) Receive from the assessor a certification as to the amount of the original assessed value. (3) Pledge …

§ 5407. Resolution creating special fund. The Levy Court 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 outstanding. The ta…

§ 5408. 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 created pursuant to § 5407 of this title and the Levy Court so determines, moneys in the special fund for th…

§ 5409. Pledge of revenue from taxes on tax increment into other fund. The County may pledge, by written agreement, that some or all of its property taxes levied on the tax increment shall be paid into a special fund created by an issuing body for the payment or reimbursement of …

§ 5410. Agreements to pay revenue from taxes on tax increment into special fund. A municipality, school district, or other taxing body that taxes property within the County which is not an issuing body may pledge, by written agreement, that some or all of its property taxes levie…

§ 5411. Ordinance authorizing bonds. (a) Mandatory provisions. — In order to implement the authority conferred upon it by this chapter to issue bonds, the Levy Court shall adopt an ordinance that: (1) Specifies and describes the proposed undertaking and states that it has complie…

§ 5412. 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…

§ 5413. 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…

§ 5414. 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…

§ 5415. 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. 81 Del. Laws, c. 25, § 1;

§ 5416. Referendum. Neither the ordinance authorizing the bonds referred to herein, nor any ordinance, resolution or order passed or adopted in furtherance thereof, nor the bonds themselves or the designation of a TIF District, shall be subject to any referendum by reason of any …

§ 5417. 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.81 Del. Laws, c. 25, § 1;

§ 5501. 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 the County in accordance with this chapter. (2) “Chief financial officer” …

§ 5502. Special taxes authorized; purpose; requirements and restrictions. (a) (1) For any purpose stated in paragraph (b)(1) or (2) of this section, the County may: a. Create a special development district; b. Levy ad valorem or special taxes; and c. Issue bonds and other obligat…

§ 5503. Authority granted; 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, or impose ad valorem or speci…

§ 5504. Bonds payable from special fund; complementary powers of governing body; proceeds. (a) Bonds shall be payable from the special fund required under § 5505 of this title. (b) If the County issues bonds under this section, the Levy Court may also: (1) Establish sinking funds…

§ 5505. Special fund. (a) By resolution, the Levy Court may: (1) Designate by resolution an area or areas within the County as a special development district even though no bonds authorized by this chapter have been issued by the County with respect to that special development di…

§ 5506. When no bonds or other obligations outstanding. (a) When no bonds are outstanding, the County may use money in the special fund for payment or reimbursement of debt service on other obligations that the County is obligated to pay under an agreement described in § 5502(b)(…

§ 5507. Adoption of ordinance to implement authority. (a) In order to implement the authority conferred upon it by this chapter to issue bonds, the Levy Court shall adopt an ordinance that: (1) Specifies and describes the proposed undertaking and states that it has complied with …

§ 5508. 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…

§ 5509. 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…

§ 5510. 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, …

§ 5511. 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. 81 Del. Laws, c. 26, § 1;

§ 5512. 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 § 5502(b) of this title. 81 Del. Laws, c. 26, § 1;

§ 5513. Special taxes on real property as alternative to ad valorem taxes. (a) As an alternative to levying ad valorem taxes under this chapter, the Levy Court may levy special taxes on real property in a special development district to cover the cost of improvements, including i…

§ 5514. Bonds not to constitute general obligation debt. Bonds issued under this chapter are a special obligation of the County and may not constitute a general obligation debt of the County, or a pledge of the County’s full faith and credit or taxing power. Bonds are nonrecourse…

§ 5515. 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 29.81 Del. Laws, c. 26, § 1;

§ 5516. Limitation on ad valorem or special taxes within Special Development District. The levy of an ad valorem or special tax pursuant to § 5502(a)(2) or § 5513(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § …

§ 5601. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) “Administrative tribunal” means a violation hearing before the Code Official for Kent County. (2) “Building” means a structure having a roof, and intended to shelter per…

§ 5602. Promulgation of property maintenance code. The Kent County Levy Court, in order to provide for the health, safety, and welfare of the citizens of Kent County, may promulgate rules and regulations to be known as the Kent County Property Maintenance Code, regulating and gov…

§ 5603. Department of Planning Services; administration and enforcement. The Department of Planning Services shall have the power and authority to administer and enforce all provisions of the Kent County Property Maintenance Code as promulgated by the Kent County Levy Court excep…

§ 5604. Removal of weeds, grasses, refuse, rubbish, trash, or other waste material. No person shall permit weeds or grass to grow, or refuse, rubbish, trash, or other waste material to be placed or to accumulate upon land or improved premises so as to create a nuisance detrimenta…

§ 5605. Fees. The Kent County Levy Court may adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement of the Kent County Property Maintenance Code, including fees for the inspection and re-inspection of properties for which a …